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HomeMy WebLinkAboutCouncil Actions 07-23-90Harvey (30157) REGULAR W~EEKLY SESSION ...... ROANOKE CITY COUNCIL July 23, 1990 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Mayor Taylor Fitzpatrick were absent. The invocation will be delivered by The Reverend Tinsley, Associate Pastor, Pilgrim Baptist Church. Present o and Mr. Carl T. The Pledge of Allegiance to the Flag of the United States of America will be led by Vice-~ayor Howard E. ~usser. BID OPENINGS A. Bids for alterations and additions to Fire Station No. 4, 3773 Aerial Way Drive, S. ~. Five bids were referred to a committee composed of Messrs. White, Chairman, Snead and Clark for tabula- tion, report and recommendation to Council. B. Bids for Plantation Road/Hollins Road, N. E. Storm Drain between 3127 Plantation Road and Tinker Creek. Co Five bids were referred to a committee composed of Messrs. White, Chairman, Kiser and Clark for tabula- tion, report and recommendation to Council. Bids for alterations to No. 3 Aeration and Nos. 3 and 4 Nitrification Basins at the Water Pollution Control Plant. Six bids were referred to a committee composed of Messrs. White, Chairman, Kiser and Clark for tabula- tion, report and recommendation to Council. CONSENT AGENDA (Approved 5-0) ALL ~ATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE (1) ~OTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 C-2 C-3 C-4 C-5 Minutes of the regular meetings of Council held on Monday, March 5, 1990; Monday, March 12, 1990; Monday, March 19, 1990; and Monday, March 26, 1990. RECOMMENDED ACTION: Dispense with reading thereof, and approve as recorded. A communication from Vice-Mayor Howard E. Musser 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. A communication from Vice-Mayor Howard E. Musser requesting an Executive Session to discuss acquisition of an interest in real property and disposition of publicly held property, speci- fically possible acquisition of an interest in certain real pro- perty and the subsequent disposition thereof by conveyance to Total Action Against Poverty, 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 possible acquisition of an interest in certain real property and the sub- sequent disposition thereof by conveyance to Total Action Against Poverty, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950), as amended. A report of the City Manager requesting that Council authorize the City Clerk to advertise a public hearing for Monday, August 13, 1990, in order to consider a request of Showtimers of Roanoke Valley, Inc., for exemption from taxation. RECOMMENDED ACTION: Concur in request. A report of the City Manager with regard to the Mayor's 1989 State of the City Recommendation No. 2 -- to establish (2) details and criteria for an "Employee of the Year" program for participation by Roanoke City employees. RECOMMENDED ACTION: Receive and file. The City Manager was requested to report back to Council with a more conclusiYe report and recommendation. C~6 A communication from Mr. William L. Brogan, Municipal Auditor, transmitting an Annual Report of the Municipal Auditing Department for the year ended June 30, 1990. RECOMMENDED ACTION: Receive and file. C-7 Qualification of Ms. Vicki Stauffer as a member of the Roanoke Arts Commission, for a term of three years ending June 30, 1993. RECOMMENDED ACTION: Receive and file. C-8 Qualification of ~essrs. F. Wiley Hubbell and L. Bane Coburn as members of the Board of Trustees, City of Roanoke Pension Plan, for terms of four years each, ending June 30, 1994. RECOMMENDED ACTION: Receive and file. C-9 Qualification of ~r. L. mane Coburn as a Personnel and Employmeat Practices Commission, three years ending June 30, 1993. member of the for a term of RECOMMENDED ACTION: Receive and file. C-10 Qualification of Mr. Thomas H. Youth Services Citizen Board, for a May 31, 1993. Miller as a member of the term of three years ending RECOMMENDED ACTION: Receive and file. C-11 Qualification of Mr. Corbin L. Wilson as a member of the Board of Fire Appeals, for a term of four years ending June 30, 1994. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: (3) A communication from Mr. W. Alvin Hudson, City Sheriff, recommending that Council authorize the transfer of $1,055.56 to provide the local 10% cash match necessary to receive federal funds for continuation of a staffed G.E.D. program in the Roanoke City Jail. Adopted Ordinance No. 30157-72390. (5-0) 2. A report of the City Manager concurring in the above request. Received and filed. A communication from Mr. W. Alvin Hudson, City Sheriff, recommending execution of a grant agreement with the Department of Criminal Justice Services, not to exceed the amount of $65,781.00, to provide for continuation of the Drug Testing of Pretrial Felons Pilot Program; execution of a Customer Incentive Agreement with Abbott Laboratories to provide for the continued operation of the ADX Abused Drug Analyzer; and appropriation of funds therefor. Reports Adopted Ordinance No. 30156-72390; Resolution No. 30159-72390; and Resolution No. 30160-72390. (5-0) 2. A report of the City Manager concurring in the above request. Received and filed. of Officers: City Manager: Briefing~ss: None. Items Recommended for Action: A report recommending authorization to execute an Administrative Agreement with the Roanoke Redevelopment and Housing Authority for the administration and imple- mentation of various community development activities for fiscal year 1990-91. Adopted Resolution No. 30161-72390. (5-0) A report recommending authorization to execute an Administrative Agreement with the Northwest Neighborhood Environmental Organization for rehabilita- tion of a vacant house located at 702 Gilmer Avenue, Adopted Resolution No. 30162-72390. (5-0) (4) o A report recommending authorization to execute a Service Delivery Area Agreement between the Fifth District Employment and Training Consortium and the Governor's Employment and Training Department for Program Year 1990-1991. Adopted Ordinance No. 30163-72390. (5-0) A report recommending authorization to execute Amendment No. 5 to the contract with Mattern and Craig, P.C., Consulting Engineers, to prepare archaeological and architectural resource management investigations and reports for the widening and realignment of Second Street/Gainsboro Road and Wells Avenue; and appropriation of funds therefor. Adopted Ordinance No. 30164-72390 and Resolution No. 30165-72390. (5-0) The City Manager was requested to submit a report and recommendation to Council in conjunction with the realignment of Second Street/Gainsboro Road and Wells Avenue to provide for the burying of power and telephone lines along Jefferson Street in the vicinity of the historic sanctuary of First Baptist Church to be known as "Old First." A report recommending execution of Change Order No. 2 to the contract with Branch & Associates, Inc., for a net credit to the City of Roanoke, in the amount of $11,600.00, in connection with replacement of Blower Engine No. 7 at the Hater Pollution Control Plant. Adopted Ordinance No. 30166-72390. (5-0) A report recommending award of a contract to Mattern & Craig, P.C., Consulting Engineers, in an amount not to exceed $310,000.00, to provide engineering services to design and prepare plans, specifications and related construction documents for stormwater management faci- lities for Statesman Industrial Park; and transfer of funds therefor. Adopted Ordinance No. 30167-72390 and Resolution No. 30168-72390. (5-0) 7. A report with regard to renewal of the grant applica- tion for the Office on Youth. Adopted Ordinance No. 30169-72390 and Resolution No. 30170-72390. (5-0) A report concurring in a report of a bid committee recommending acceptance of the bid submitted by Swan (5) Services, Inc., in the amount of $43,894.44, to provide custodial services at five library and nine recreation center locations in the City. Adopted Resolution No. 30171-72390. (5-0) A report concurring in a report of a bid committee recommending acceptance of the bid submitted by Total Action Against Poverty, in the amount of $21,292.00, to provide demolition services for the structure located at 28 Salem Avenue, S. E. Adopted Resolution No. 30172-72390. abstained from voting.) (4-0, Mr. White b. City Attorney: A report recommending that the monetary penalties for Class 2 and 4 misdemeanors under the City Code be amended to conform to the maximum permitted under the State Code. Adopted Ordinance No. 30173-72390. (5-0) A report with regard to an assessment authorized by the General Assembly to be taxed as costs in each criminal or traffic case in the Circuit Court, General District Court and Family Court for the City of Roanoke, to be used for courthouse and jail construction, renovation or maintenance. Adopted Ordinance No. 30174 on first reading. The City Attorney was requested to include in the 1991 Legislative Program a proposal to retain the assessment for courthouse and jail construction, renovation or maintenance as a part of the fees taxed as costs in each criminal or traffic case in a District or Circuit Court in an amount not in excess of $2.00. 6. Reports of Committees: An Annual Report of the Audit Committee of Roanoke City Council. Council Member David A. Bowers, Chairman. Received and filed. A report of the committee appointed to study the relocation of the T.A.P. headquarters. Vice-Mayor Howard E. Musser, Chairman. Concurred in the recommendation of the Committee. (6) A report of the committee appointed to tabulate bids received for construction of the Hemlock Hills storm drainage improvements, recommending award of a contract to E. C. Pace Company, Inc., in the amount of $99,915.00; and transfer of funds therefor. Council Member William White, Sr., Chairman. Adopted Ordinance No. 30175-72390 and Ordinance No. 30176-72390. (5-0) Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 30130, on second reading, permanently vacating, discontinuing and closing a certain 20 foot alley running east and west between Bedford Street and Ashlawn Street, S. W. Adopted Ordinance No. 30130-72390. (5-0) Ordinance No. 30131, on second reading, permanently vacating, discontinuing and closing an alley located south of Lots 6 and 7, Official Tax Nos. 2112406 and 2112407, Block 47, Rogers, Fairfax and Houston Addition. Adopted Ordinance No. 30131-72390. (5-0) Ordinance No. 30132, on second reading, permanently vacating, discontinuing and closing a ten foot alley beginning at the intersection of the alley and Centre Avenue, running north and south 132.5 feet, and terminating at its intersection with a City alley running east and west between 24th and 25th Streets, between Centre Avenue and Shenandoah Avenue, N. ~.; and an alley right-of-way running in a north/south direction along the east side of Lot 20, Official Tax ~o. 2310520, between 24th and 25th Streets, Adopted Ordinance No. 30132-72390. (5-0) Ordinance No. 30133, on second reading, rezoning a tract of land containing 0.1492 acre, more or less, described as Lot 6, Block 6, Map of Villa Heights, 2410 Hanover Avenue, N. W., Official Tax No. 2320806, from RM-1, Residential Multi-Family, Low Density District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 30133-72390. (5-0) Ordinance No. 30134, on second reading, rezoning the eastern portion of a lot bearing Official Tax No. 4020801 (7) 10. lying between Elm Avenue, South Jefferson Street, ~illiamson Road, and Highland Avenue, S. E., from LM, Light Manufacturing District, to C-1, Office District. Adopted Ordinance No. 30134-72390. (5-0) Ordinance No. 30152, on second reading, granting a con- ditional permit for an existing structure encroaching over and into the right-of-way of Adams Street, N. W., located adjacent to 3804 Melrose Avenue, N. W., Official Tax No. 2762008, upon certain terms and conditions. Adopted Ordinance No. 30152-72390. (5-0) Ordinance No. 30153, on second reading, granting a revo- cable license for the construction of certain building appendages encroaching over and into the right-of-way of Campbell Avenue and Market Square, located at Center In The Square, upon certain terms and conditions. Adopted Ordinance No. 30153-72390. (5-0) Ordinance No. 30154, on second reading, authorizing the abandonment of a certain unused sanitary sewer line located on property owned by the American Red Cross, Roanoke Valley Chapter, upon certain terms and conditions. Adopted Ordinance Ho. 30154-72390. (5-0) 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Vice-Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. Vice-Mayor Musser was elected as City's liaison for discussions with the incumbent Cable Television operator regarding the proposed cable franchise renewal. Council reappointed all persons to various committees listed on a communication under date of July 23, 1990, from the Deputy City Clerk. Appointed Laverne B. Dillion to the Virginia Western Community College Board. Appointed Timothy Beatty to the Youth Services Citizen Board. Other Hearings of Citizens: Certification of Executive Session. (5-0) (8) MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER~ OR AT THE CITY CLERK'S OFFICE Office of the Council July 23, 1990 The Honorable 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. HEM:ra /(/~S i nce re l y , Vice -Mayor Room 456. MunicipalEluildmg 215 Chu,¢hAvent~e. S W ROd.qoke, Virginia 24011 (703)981.2541 July 23, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: subject: Request for Executive Session 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 subsequent disposition thereof by conveyance to Total Action Against Poverty, pursuant to 2.1-344(A) (3), Code of Virginia (1950), as amended. //~Very truly, Howard E. Musser Vice Mayor HEM:kds cc: Mary F. Parker, City Clerk Roanoke, Virginia July 23, 1990 Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, Virginia 24011 Dear Mayor Taylor and Members of City Council: Subject: Request of Showtimers of Roanoke Valley, Inc. for Exemption from Taxation This is to request that Roanoke to advertise a public hearing pursuant (1950), as amended, for your August 13, sider the above-referenced request. City Council authorize the City Clerk to Section 30-19.04, Code of Virginia 1990, evening meeting in order to con- Respectfully submitted, W. Robert Herbert City Manager WRH:EBRJr:mp cc: City Attorney Director of Finance Mr. David D. Beidler, Treasurer, Showtimers of Roanoke Valley, Inc. 929 Mountain View Terrace, S. W., Roanoke, VA 24015 Office of the City Clerk July 25, 1990 File #184-525 ~r. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: ~our report with regard to the ~ayor,s 1989 State of the City Recommendation No. 2 pertaining to establishment of details and criteria for an "Employee of the Year" program far participation by Roanoke City employees, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 23~ 1990. On motion, auly seconded and adopted, you were requested to report back to Council with a more conclusive report and recommendation. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Roorc 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Manager July 16, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Employee of the Year Award Last year in the Mayor's State of the City Address, he recommended that we study the potential of implementing a City wide employee of the year program. Based on this request, I assigned the project to Ken Cronin, Personnel Manager. After reviewing organizations that had implemented such programs, Mr. Cronin provided me with the following observations: 1) Some organizations had found that it was difficult, if not unfair, to have just one employee of the year, 2) some organizations have implemented such programs without regard to employee desire or need for such a program. As a result, while many programs may appear to be successful because a particular employee or employees have received prestigious awards, the fact remains that by designating one or few individuals as the "Employee of the Year" has had the impact of jealousy or sometimes mistrust related to how such employees are selected. The above information should not be interpreted that I am against implementing such a program; rather, we are more interested in insuring that all levels of the organization, including department heads, first line supervisors and employees, feel comfortable with the type of program we wish to implement. Therefore, through employee forums such as our supervisory development training programs, we can better determine the qualities and achievements generally valued by employees in the day to day operations of providing City services, as well as effective methods of involving employees in a recognition program they will support and respect. Should you have any questions concerning this, I would be pleased to discuss them with you. Sincerely, W. Robert Herbert City Manager WRH:jb Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2333 Office of the City Clerk July 25, 1990 File #109-280 Mr. William L. Brogan Municipal Auditor Roanoke, Virginia Dear Mr. Brogan: Your communication transmitting an Annual Report of the Municipal Auditing Department for the year ended June 30, 1990, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. On motion, duly seconded and adopted, the Annual Report received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP : ra Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 CITY OF ROAN ~O~E' Interdepartment Memorandum DATE: July 16, 1990 TO: Mary F. Parker, FROM: SUBJECT: City Clerk William L. Brogan, Municipal Auditor Council Agenda Item Attached are 16 copies of the Municipal Auditor's Report for the year ended June 30, 1990. Please include this report in the consent section of Council's July 23, 1990 agenda. Thank you. ewb Attachments Municipal Auditinq July 1, 1990 Honorable Mayor and City Council Roanoke, Virginia BUBJECT: ANNUAL REPORT FOR YEAR ENDED JUNE 30, 1990 IN ACCORD WITH CHARTER SECTION 25.2(e) The goal of the City of Roanoke Municipal Auditing Department is to minimize, in the most cost/efficient manner, the City's potential losses that can be affected, directly or indirectly, by audit activities. These audit activities are designed to support City Council's goal that "Our government shall be open, accountable, efficient, courteous, sensitive, equitable, and honest to the community and itself.', During the year ended June 30, 1990, we provided professional audit coverage of the City's financial activities by monitoring and evaluating the systems of internal controls, including computer-based systems, to determine that the systems are appropriately designed and functioning as planned. Recommendations were made to correct any deficiencies in accounting controls encountered and technical assistance to implement these recom/~endations was provided. P. O. Box 1091 215 Church Avenue, S.W. Roanoke, Virginia 24005 (703) 981-264.4 Honorable Mayor and City Council Page 2 July 1, 1990 The attached printout from our microcomputer planning and time accountability system summarizes our audit activity for FY-90, the second year of our 1989-1992 Audit Plan. Significant audit activity completed during FY-90 included: External Audits - 1,786 audit hours were used to maintain the City's excellent financial reporting credibility and to ensure compliance with statutory audit requirements. In achieving this objective, we coordinated the independent public accountant's audits of the financial statements of the Greater Roanoke Transit Company, the City Pension Plan, th? Single Grant Audit, and the City Comprehensive Annual Financial Report; performed the annual financial audits of the 32 City School Activity Funds and their Central Investment Fund; and assisted the Virginia Auditor of Public Accounts in the audits of the local courts' financial activities. Internal Audits - 3,184 audit hours were used to determine that controls in existing financial systems were functioning effectively to prevent inaccuracies, irregularities, or willful manipulations. In achieving this objective, we evaluated the causes of exposure and controls in effect in the City payroll system, miscellaneous cash receipts, the security of EDP programs and data, and City controls over bingo activities; examined and evaluated statistically selected samples of revenue and expenditure transactions occurring both inside and outside the central control system; and determined the factual situation for allegations of suspicious activities and other fraud indicators. Technical Assistance - 850 audit hours were used to promote'~mprovements to the City's manual and computer-based financial accountability systems. In achieving this objective, we maintained our high level of technical electronic data processing expertise so that we can continue to use micro and mainframe productivity benefits; followed up and assisted in implementing the 62 recommendations for improvement which were pending at the beginning of the year and in implementing the 240 recommendations which resulted from our current-year audit work; and reviewed new systems in development to provide advice on internal control questions. Honorable Mayor and City Council Page 3 July 1, 1990 The quality and results of our audit activities have been evaluated by the City's independent accountants, Federal grantor agencies, and the Virginia Auditor of Public Accounts. Each evaluation concluded that the competence, objectivity and performance of the Municipal Auditor's office is on the highest professional level. In submitting this report, I would like to express my appreciation to the Council and all affected City employees for their continued cooperation in maintaining and improving the financial integrity of the City of Roanoke. Respectfully, William L. Brogan Municipal Auditor ewb City of Roanoke, Virginia MUNICIPAL AUDITING DEPARTMENT SCHEDULE OF FY-90 ASSIGNED AUDIT HOURS ASSIGNMENT TYPE/NUMBER/NAME EXTERNAL 004 035 203 205 317 602 650 699 702 727 AUDITS: Airport Audit Grants Fund Comprehensive Annual Financial Report Greater Roanoke Transit Company Employee Retirement System Central Investment Fund School Activity Funds - General School Activity Funds - Individual City Council Audit Committee Clerks of Courts TOTAL EXTERNAL AUDITS INTERNAL 005 102 206 209 212 215 301 302 303 314 365 372 714 717 799 AUDITS: Civic Center Fund Procurement Cycle Miscellaneous Cash Receipts Cash Disbursements & Liabilities Independent Cash Funds Substantive Testing General Ledger Payroll - City Payroll - School System Warehouse Inventory System Security of Programs and Data System Management Facility Citizens, Services Committee Parks and Recreation Department Special Assignments TOTAL INTERNAL AUDITS TECHNICAL ASSISTANCE: 210 Audit Recommendation Follow-up 351 Microcomputer Utilization 364 Information Systems Advisory Committee 601 School System 703 City Manager 705 Finance Department 795 New Systems Under Development 798 Constitutional Officers TOTAL TECHNICAL ASSISTANCE BUDGET HOURS 25 20 192 20 20 5O 375 429 255 340 1726 200 98 108 100 5O 1145 30 710 400 50 205 5O 5O 91 150 3437 100 100 5O 5O 150 250 80 100 88O ACTUAL HOURS 3 38 222 5 44 24 425 444 253 328 1786 170 48 209 32 34 1146 10 812 164 5O 209 50 40 59 151 3184 80 103 70 68 143 247 53 86 85O TOTAL ASSIGNED AUDIT HOURS 6043 5820 Office of the City Clerk July 25, 1990 File #15-230 Mr. Timothy L. Jamieson, Chairman Roanoke Arts Commission 6857 Sugar Rum Ridge Road, S. ~. Roanoke, Virginia 24018 Dear Mr. Jamieson: This is to advise you that Ms. Vicki Stauffer has qualified as a member of the Roanoke Arts Commission for a term of three years ending June 30, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Ms. Joyce A. Sink, Secretary, Roanoke Arts Commission Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 0-2 Oath or Affirmation 6T~ Office Stat~ of Virginia, Cit~ of Roanoke, to .~it: I, Vicki Stauffer ., do solemnly swear (or affirm) that will support the Constitution of the United States, and the Constitution of the State of Virginia, and that will faithfully and impartially discharge and perform all the duties incumbent upon me a member of the Roanoko. ~ts Commission, for a term of three years ending Aune 30, 1993. according to the bes~ of my ability. Subscribed and sworu to before ~ne, this So help me God. (~_/ ~~vc~.~.y, Deputy Clerk MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN June 27, 1990 Deputy City Clerk File #15-230 Ms. Vicki Stauffer 3235 Mudlick Road, S. W. Roanoke, Virginia 24018 Dear Ms. Stauffer: At a regular meeting of the Council of the City of Roanoke on Monday, June 25, 1990, you were reelected as a member of the Roanoke Arts Commission, for a term of three years ending June 30, 1993. Enclosed you will find a Certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on th~ 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 reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP : re REELECT. 13 Enc. pc: Mr. Timothy L. Jamieson, Chairman, Roanoke Arts Commission, 6857 Sugar Rum Ridge, S. W., Roanoke, Virginia 24018 Ms. Joyce A. Sink, Secretary, Roanoke Arts Commission 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 2$th day of June, 1990, VICKI STAUFFER was reelected as a member of the Roanoke Arts Commission, for a term of three years ending June 30, 1993. Given under my hand and the seal of the City of Roanoke this 27th day of June, 1990. City Clerk Office of the City Clerk July 25, 1990 File #15-429 Mr. F. Wiley Hubbell, Chairman Board of Trustees City of Roanoke Pension Plan 3712 Peakwood Drive, S. W. Roanoke, Virginia 24014 Dear Mr. Hubbell: This is to advise you that Mr. L. Bane Coburn has qualified as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term of four years ending June 30, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. Joel Trustees, M. Schlanger, Secretary/Treasurer, City of Roanoke Pension Plan Board of Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 0-2 Oath or Affirmation of Office Stat~ of Virginia, Cfit~l o~ Roanoke, to.wlt: I, L. Bane Coburn ., do solemnly swear (or affim) that wHl sup~rt the Constitution of the Unit~ Staten, and the Constitution of the State of Virginia, and that w~l faithfully and impa~ially discharge and perform all the duties incumbent u~n me aa member o~ the ~oard oi ~'rustees, City of Roa~oke ~u~ion Pi~n, zo~ ~z ~rm of %our years ~nding June 30, 1994. according to the best of my ability. So help me God. Subscribed and sw.rn to before ,ne, thi~ ~5~/ _ _day of (~ ~ ~ .~d~ June 27, 1990 File #15-429 Mr. L. Bane Coburn 1926 Montclair Drive, N. Roanoke, Virginia 24019 Dear Mr. Coburn: At a regular meeting of the Council of the City of Roanoke held Monday, June 25, 1990, you were reelected as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term of four years ending June 30, 1994. Enclosed you will find a Certificate of your reelection and an Oath or Affirmation of Office which may be aaministered 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 ~ere reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. SinCerely, Mary F. Parker, C~IC/AAE City Clerk !4FP: ra REELECT. 43 Enc. pc: Mr. F. Wiley Hubbell, Chairman, Board of Trustees, City of Roanoke Pension Plan, 3712 Peakwood Drive, S. W., Roanoke, Virginia 24014 Mr. Joel M. Schlanger, Director of Finance Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 COMMONWEAL TH OF CITY OF ROANOKE VIRGINIA ) To-wit: I, ~ary 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 2$th day of June, 1990, L. BANE COBURN was reelected as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term of four years ending June 30, 1994. Given under my hand and the seal of the City of Roanoke this 2?th day of June, 1990. City Clerk 0-2 Oath or Affirmation of Office 8tare ot Virginia, City ot Roanoke, to .~vit: I, F. Wiley Hubbell , do solemnly swear (or affirm) that ! will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me aa a member of the Board of Trustees, City o:~ P. oanoke Pension Plan, for a term of four years ending June 30, 1994. - ~ .... Deputy Clerk June 27, 1990 File #15-429 Mr. F. Wiley Hubbell 3712 Peakwood Drive, S. Roanoke, Virginia 24014 Dear Mr. Hubbell: At a regular meeting of the Council of the City of Roanoke held Monday, June 25, 1990, you were reelected as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term of four years ending June 30, 1994. Enclosed you will find a Certificate of your reelection and an ©ath 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. ~. 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 reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, /~ Mary F. Parker, CMC/AAE City Clerk MFP:ra REELECT. 43 pc: Mr. Joel M. Schlanger, Director of Finance Room 456 Municipal Building 215 Church Avenue S W Roanoke, Virginia 24011 (703) 981-254t CO~4MONWEAL TH OF CITY OF ROANOKE VIRGINIA To-wit: 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 25th day of June, 1990, F. WILEY HUBBELL was reelected as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term of four years ending June 30, 1994. Given under my hand and the seal of the City of Roanoke this 27th day of June, 1990. City Clerk Office of the City Clerk July 25, 1990 File #15-202 Ms. Judy W. Jackson, Chairman Personnel and Employmen~ Practices 1505 June Drive, N. W. Roanoke, Virginia 24019 Commission Dear Ms. Jackson: This is to advise you that Mr. L. Bane Coburn has qualified as a member of the Personnel and Employment Practices Commission for a term of three years ending June 30, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk ~FP:ra pc: Mr. Kenneth S. Cronin, Manager, Personnel Management Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 0-2 Oath or Affirmation of Office State ot Virginia, Citer o! Roanoke, to .~oi~: I, L. Ba~e Coburn ., do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution o! the State of Virginia, and that I will fakhfull¥ and impartially discharge nnd perform all the duties incumbent upon me as a ~ember of the ~er~onnel a,~d Employment Practices Commissim,., for a terra of ehrea year8 ending June 30, 1993. according to the best of my ability. So help me God. Subscribednndswor,,tobeforeme, this ~A--day of June 27, 1990 File #15-202 Mr. L. Bane Coburn 1926 Montclair Drive, N. Roanoke, Virginia 24019 Dear Mr. Coburn: At a regular meeting of the Council of the City of Roanoke held on Monday, June 25, 1990, you were reelected as a member of the Personnel and Employment Practices Commission, for a term of three years ending June 30, 1993. Enclosed you will find a Certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. ~. 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 reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freeaom of Information Act. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. REELECT. 34 pc: Mr. Kenneth S. Cronin, Manager, Personnel Management Room 456 Municipal Building 215 Church Avenue SW 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 25th day of June, 1990, L. BANE COBURN was reelected as a member of the Personnel and Employment Practices Commission, for a term of three years ending June 30, 1993. Given under my hand and the seal of the City of Roanoke this 27th day of June, 1990o City Clerk Office o! the City Clerk July 25~ 1990 File #15-304 The Reverend Ulas ~. Broady, Youth Services Citizen Board 2204 Lynnhope Drive, N. ~. RoanoKe, Virginia 24017 Chairman Dear Reverend Broady: This is to advise you that Mr. Thomas H. Miller has a member of the Youth Services Citizen Board for a years ending ~ay 31, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk qualified as term of three MFP:ra pc: Ms. Marion V. Crenshaw, Youth Planner Room 456 Municipal Building 2'15 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.254'1 0-2 Oath or Affirmation' Of Office 8tare of Virginia. Citu of Roanoke, to I, ~omas R. Miller · do solemnly swear (or affirm) that I w~l support the Constitution of the United States, and the Constitution of the State of Virginia, and that I w~l hithfully and impa~ially discharge and perform all the duties incumbent upon me as a member of the Youth Sel~ice~ Citizen Board for a term of three year~, emding May 31, 1993. according to the best of my ability. So help me G~ Z~ Subscribed and sworn to before me, this [ [~ ~ day of ~ June 13, 1990 File #15-304 Mr. Thomas H. ~4iller 1509 Terrace Road, S. Roanoke, Virginia 24015 Dear Mr. Miller: At the regular meeting of the Council of the City of Roanoke held on Monday, June 11, 1990, you were reelected as a member of the Youth Services Citizen Board for a term of three years, ending May 31, 1993. Enclosed you will find a Certificate of your Reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Gffice to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, ~ Mary F. Parker, C~4C/AAE City Clerk MFP:ra Enc. pc: The Reverend Ulas N. Broady, Chairman, Youth Services Citizen Board, 2204 Lynnhope Drive, N. W., Roanoke, Virginia 24017 Ms. Marion V. Crenshaw, Youth Planner Room 456 Municipal Building 215 Chu~h Avenue SW Roanoke, Vi~inio 240t 1 (703) 981-2541 CO~MONWEALTB OF CITY OF ROANOKE VIRGINIA ) To-wit: 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 eleventh day of June, 1990, THOMAS H. MILLER was reelected as a member of the Youth Services Citizen Board for a term of three years ending May 31, 1993. Given under my hand and the Seal of the City of Roanoke this thirteenth day of June, 1990. City Clerk Office of the City Clerk July 25, 1990 File #15-70 Mr. Ross C. Hart, Chairman Board of Fire Appeals 308 Second Street, S. W. Roanoke, Virginia 24011 Dear Mr. Hart: This is to advise you that Hr. a member of the Board of Fire ending June 30, 1994. Corbin L. Wilson has qualified as Appeals for a term of four years Sincerely, Mary F. Parker, CMC/AAE City Cler~ MFP:ra Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 0-2 Oath or Affirmation of'Off, ce State ot Firginia, Cirri o] Roanoke, to .~oit: I, Corbitt ~.. Wilson ~ do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Board of Fire Appeals, ior a term of four years ending June 30, 1994. according to the best of my ability. So help me God. Subscribed and sworn to before me, this ~- _c~Deputy Clerk June 27, 1990 File #70-15 ~r. Corbin L. Wilson 2527 Edinburgh Drive, N. Roanoke, Virginia 24012 Dear Mr. Wilson: At a regular meeting of the Council of the City of Roanoke held on Monday, June 25, 1990, you were reelected as a member of the Board of Fire Appeals for a term of four years ending June 30, 1994. Enclosed you will find a Certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City C~urts 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 reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, /~/~ Mary er, CMC/AAE City Clerk MFP:ra REELECT. 42 Enc. pc: Mr. Ross C. Hart, Chairman, Board of Fire Appeals, 2648 Jackson Drive, Salem, Virginia 24153 Room 486 MunicilDol Building 215 Church Avenue SW Roanoke, Virginia 240tl (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 25th day of June, 1990, CORBIN L. WILSON was reelected as a member of the Board of Fire Appeals for a term of four years ending June 30, 1994. Given under my hand and the seal of the City of Roanoke this 27th day of June, 1990. City Clerk Office of the City Clerk July 25, 1990 File #60-123-121-236 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30157-72390 amending and reordaining certain sections of the 1990-91 General and Grant Funds Appropriations, providing for the transfer of $1,056.00 and the appropriation of $10,556.00, in connection with continuation of a staffed G.E.D. program within the Roanoke City Jail to serve educational needs of inmates. Ordinance No. 30157-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. Sincerely, Mary F. Pa rker, CMC/AAE City Clerk MFP:ra Enc. pc: The Honorable W. Alvin Hudson, City Sheriff Mr. W. Robert Herbert, City Manager Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of July, 1990. No. 30157-72390. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General and Grant Funds ApPropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 General and Grant Funds ApPropriations, be, and the same are hereby, amended and reordained to read as follows, in part: - General Fund Nondepartmental Transfer to Other Funds (1) ....... Public Safety ................. Jail (2) ........................................... rant Public Safety Adult Basic Education - F~ 91 Revenue (3-4) ................ Public Safety Adult Basic Education - FY 91 (5-6} ................ 1) Transfers to Grant Fund (001-004-9310-9535) $ 1,056 2) Fees for Prof. Svcs. (001-024-3310-2010) (1,056) $12,218,584 10,285,426 27,184,583 4,027,814 819,378 10,556 $ 819,378 10,556 3) Temporary Employee Wages (035-024-5002-1004) $ 9,806 4) FICA (035-024-5002-1120} 750 5) Local Match (035-035-1234-7086) 1,056 6) State Revenue (035-035-1234-7085) 9,500 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. A~'I'~ST: this City Clerk. Roanoke, Virginia July 23, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: State Department of Education Adult Basic Education Funds Dear Members of City Council: I. Background: In 1987, Governor Baliles initiated a Literacy Program for inmates incarcerated in the Virginia Department of Corrections. This program was intended to reduce recidivism among inmates by encouraging inmates to obtain a G.E.D. level of education and thereby increase their abilities to obtain jobs once released from custody. In fiscal year 1988-89~ limited grant funds were made available to local ~ails through the Department of Correctional Education to initiate and/or augment established educational programs for inmates at the local level. The Roanoke City Jail applied for and received grant funds to employ a part time teacher to initiate a program for the inmates in the Roanoke City 3ail so they may obtain a G.E.D. level of education. In fiscal year 1989-90~ the Roanoke City School Division requested and received grant funds for an "institutional adult plan" to continue to provide funding for the G.E.D. program being operated in the Roanoke City Jail. This request was submitted as part of the Annual Program Application for adult education under the State Adult Literacy and Adult Education Act. These funds are administered by the Adult Education Service of the State Department of Education through local school divisions. Federal funds were approved to reimburse Roanoke City for 90% of the total cost to hire a part time teacher to operate a G.E.D. program in the Roanoke City Jail. Roanoke City was required to provide a local 10% cash match in order for the Roanoke City Jail to participate in this program. Do For the past two fiscal years~ the G.E.D. program serving the inmates in the Roanoke City Jail has proven successful. Utilizing a paid part time teacher in addition to conununity volunteers from St. Gerard's Catholic Church and the First Baptist Church, the jail has been able to provide quality educational opportunities to inmates within the jail. 1. A total of 128 inmates were enrolled in the G.E.D. program during fiscal years 1988-89 and 1989-90. CITY COUNCIL Page #2 A total of 20 inmates have obtained their G.E.D. certificates while still incarcerated in the Roanoke City Jail and there are presently 15 more inmates ready for future testing for their certificates. II. Current Situation: Roanoke City School Division requested and received approval for the continued funding of the Roanoke City Jail's G.E.D. program for fiscal year 1990-91. This "institutionalized adult plan" request was submitted again as part of the Annual Program Application for adult education under the State Adult Literacy and Adult Education Act. These funds are administered by the Adult Education Service of the State Department of Education through local school divisions. (See attached letter dated June 22, 1990.) Federal funds not to exceed the amount of $9~500.00 have been approved to reimburse Roanoke City for 90% of the total cost to continue to pay a part time teacher to operate a G.E.D. program in the Roanoke City Jail for 35 weeks. Roanoke City is required to provide a local 10% cash match or $1,055.56 in order for the Roanoke City Jail to continue to participate in this program. The total cost of the program will be $10~555.56. The program cost will not exceed $9,500.00 from the State Department of Education plus a $1,055.56 local cash match. III. Issues: ao Continuation of a staffed G.E.D. pro,ram in the Roanoke City Jail to sufficiently meet the educational needs of the inmates. B. Funding. IV. Alternatives: City Council authorize the transfer of $1,055.56 from the City Jail's "Fees For Professional Services" account (001-024-3310-2010) to the Grant Fund to provide the local 10% cash match necessary to receive federal funds for this program and appropriate $10,555.56 to accounts to be established by the Director of Finance in the Grant Fund. 1. Continuation of a staffed G.E.D. Jail to serve the inmates' accomplished. proKram within the Roanoke City educational needs would be Fundin~ of the $10,555.56 would be accomplished by authorizing the Director of Finance to establish the required accounts in the Grant Fund (Personal Services) and increase the revenue estimate for FY 1990-91, since additional federal funds of $9,500.00 will be received by the City of Roanoke and $1,055.56 in local cash CITY COUNCIL Page #3 match is available from the City Jail's "Fees For Professional Services" account. Do not authorize the transfer of $1,055.56 in local cash match as required to receive federal funding for the continuation of a staffed G.E.D. program in the City Jail. Continuation of a staffed G.E.D. proKram would not be possible and the City Jail's G.E.D. program would revert to utilizing an all volunteer staff which has proven in the past to lack certain expertise, stability, and continuity. 2. FundinK of the $1,055.56 would not be necessary. Recon~endation is that City Council concur with Alternative "A" by authorizing the Director of Finance to: Establish Revenue estimate in the Grant Fund in the amount of $9,500.00 in federal funds and $1,055.56 in local cash match to be transferred from the City Jail's "Fees For Professional Services" account (001-024-3310-2010). Establish the required expenditure account in the Grant Fund (Personal Services) in the amount of $10,555.56. Respectfully, submitted, W. Alvin Hudson Sheriff WAH/gm ..-Roanoke City Public Schools Division o1: Instruction · P.O. Box 1 .~14.5, i%anoke, Virginia ~40:~1 Depa~m~:nt oi: Vocational Education ~ Instructional Technology (70-~) 981-~661 Zune ~, 1990 Memo To: W. Alvin Hudson. Sheriff City of Roanoke f~Fi-om: Lloyd W. Enoch, Direc%ac /ocational & Technical Education Funds for GED Program roi- ]990 Z received written approval today for funding of the GED program in the Roanoke City Jail roi- 1990-91. You can plan '/ou~- program to begin at any time after July 1, 1990. A total of $10,555.56 can be expended for the program ~uring ~he 1990-91 year with $9~500.00 (90%) in Feder~] funds. This must be matched with $i~055.56 (10%) in local ma~ching funds which vou must provioe fi-om your budget. FICA. will This will allow $9,805.4~ for salaries an~ $750.1~ fc)r Salaries per houc and t~e total hours of operation be governed by the funds available as listed aba.ye. i am assured that we will be favorably considecee for additional funding l~ter in tine year from any carry-o~ec funds or from new funds which become available, but these are tine only funds available at this time. C: W. C. Pursley Excellence in Education Roanoke, Virginia July 23, 1990 Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, Virginia 24011 Dear Mayor Taylor and Members of City Council: Subject: Continued Funding - Roanoke City Jail Adult Basic Education Program I concur with the Sheriff's report and recommendations regarding the above-referenced subject. Respectfully submitted, W. Robert Herbert City Manager WRH:EBRJr:mp cc: Sheriff W. Alvin Hudson City Attorney Director of Finance Office of the City Clerk July 25, 1990 File #121-236-76 Mr. ~. Robert Herbert City .Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30160-72390 authorizing you to execute a Customer Incentive Agreement with Abbott Laboratories to provide reagents, calibrators, controls and miscellaneous materials as well as maintenance service until July 1, 1991, on the ADX abused Drug Analyzer, in an amount not to exceed $34,777.00. Resolution No. 30160-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. Sincerely, Mary ~. Parker, CMC/AAE City Clerk MFP:ra pc; The Honorable ~. Alvin Hudson, City Sheriff Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk July 25~ 1990 File #121-236-76 Ms. Carol J. Boehne Diagnostics Division Abbott Laboratories D-943, AP6C-6 Abbott Park. Illinois 60064 Dear Ms. Boehne: I am enclosing copy of Resolution No. 30160-72390 authorizing the proper City officials to execute a Customer Incentive Agreement with Abbott Laboratories to provide reagents, calibrators, controls and miscellaneous materials as well as maintenance ser- vice until July 1, 1991, on the ADX abused Drug Analyzer, in an amount not to exceed $34,?77.00. Resolution No. 30160-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. Sincere ly, Mary F. Parker, CMC/AAE City Cleric MFP:ra Enc. Room 456 Municipal Building 2'15 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 901-254'1 THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30160-72390. A RESOLUTION authorizing the proper City officials to exe- cute a Customer Incentive Agreement with Abbott Laboratories to provide drug testing materials for the city Jail. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The proposal of Abbott Laboratories made to the City to enter into a Customer Incentive Agreement to provide reagents, calibrators, controls and miscellaneous materials as well as maintenance service until July 1, 1991 on the ADX abused Drug Analyzer, all as more particularly set forth in the City Manager's report to Council dated July 23, 1990, for an amount not to exceed $34,777, 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 agreement with the suc- cessful bidder, based on its proposal made therefor and the City's specifications made therefor, said agreement to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council, execution of such agreement to be sub- Ject to approval of the appropriate supporting documents. ATTEST: City Clerk. Office of the City Clerk July 25, 1990 File #121-236-76 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30159-72390 authorizing the acceptance of a Grant for Drug Testing of Accused Felons Awaiting Trial made to the City of Roanoke by the Commonwealth of Virginia Oepartment of Criminal Justice Services and authorizing . the acceptance, execution and filing of all appropriate documents to obtain such grant, in the total amount of $65,781.00. Resolution No. 30159-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: The Honorable W. Alvin Hudson~ City Sheriff Mr. Barry L. Key. Manager, Office of Management and Budget Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipa~ Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF TItE CITY OF ROANOKE, The 23rd day of July, 1990. No. 30159-72390. VIRGINIA, A RESOLUTION authorizing the acceptance of a Grant for Drug Testing of Accused Felons Awaiting Trial made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services and authorizing the acceptance, execution and filing of all appropriate documents to obtain such grant. BE IT RESOLVED by the Council of the Clty of Roanoke that: 1. The City of Roanoke hereby accepts the Grant for Drub Testing of accused Felons awaiting trial in the total amount of $65,781 from the Commonwealth of Virginia Department of Criminal Justice Services. 2. W. Robert Herbert, City Manager, or Earl B. Reynolds, Assistant City Manager, or their respective successors in office are hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all appropriate documents required to obtain such grant. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the aforegoing grant or with such project. ATTEST: City Clerk. Office of the City Clerk July 25, i990 File #60-121-236-76 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30158-72390 amending and reordaining certain sections of the 1990-91 Grant Fund Appropriations, providing for the appropriation of $65,781.00, in connection with acceptance of a Grant for Drug Testing of Accused Felons Awaiting Trial made to the City by the Commonwealth of Virginia Department of Criminal Justice Services. Ordinance Ho. 30158-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra ErIC pc: The Honorable W. Alvin Hudson, City Sheriff Mr. W. Rober£ Herbert, City Manager Mr. Barry L. Key, Manager, Office of Management ann Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN '£~u~ COIA~CIL OF ~ CI~I'Y OF RO~, VIRGIi~r_J~ The 23rd day of July, 1990. No. 30158-72390. AN ORDINANCE to amend and reordain certain sections of the 1990-91 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part= - Appropriations Public Safety Drug Testing of Pre-Trial Felons Revenue Public Safety Drug Testing of Pre-Trial Felons (1-7) .............. (8) ................ 874,603 65,781 $ 874,603 65,781 1) Regular Employee Salaries 2) Overtime 3) FICA 4) VSRS Retirement 5) Hospitalization Insurance 6) Dental Insurance 7) Other Equipment 8) State Grant for Drug Testing (035-024-5016-1002) $ 21,356 (035-024-5016-1003) 3,000 (035-024-5016-1120) 1,634 (035-024-5016-1110) 3,274 (035-024-5016-1125) 1,632 (035-024-5016-1126) 108 (035-024-5016-9015) 34,777 (035-035-1234-7079) 65,781 BE IT FURTHER Ordinance shall be in ORDAINED that, an emergency effect from its passage. existing, this City Clerk. Roanoke, Virginia July 23, 1990 Honorable Mayor and City Council Roanoke, Virginia S~JECT: Drug Testing of Pretrial Felons Program Pretrial Program Grant Dear Mayor and Members of City Council: I. Background: The Appropriations Act approved by the Virginia General Assembly during its 1989 regular session authorized the Department of Criminal Justice Services (DC3S) to expend grant funds for pretrial diversion and related services. In addition, the Director of DCJS was to assure that one or more of these programs was to include provisions for drug testing of accused felons awaiting trial, consistent with state law, Section 19.2-123 of the Code of Virginia as amended, effective July 1, 1989. The "Drug Testing of Pretrial Felons" program was to be implemented with state funds through a grant at no cost to the locality. Funds were made available for this program in the amount of $67,670. There were no matching fund requirements for the locality. C. The purpose of the dru~ testing program was two fold: The diversion of defendants from jail who are awaiting trail with conditions for continued drug testing while on release status. The collection of verifiable data concerning the prevalence of drug use by persons coincidental to the commission of a crime. The Virginia State Crime Commission endorsed Roanoke City in 1989 as the site for the drug testing of pretrial felons pilot program with the Roanoke City Sheriff's Office administering the program. City Council authorized the City Manager to execute a grant agreement with the DC3S to implement the drug testing of pretrial felons pilot program during the fiscal year ending June 30, 1990. Fo Abbott ADX Abused Drug Analyzer was purchased as authorized by City Council at a cost of $20,000 to perform the required drug test screens because it was the only drug screening process which could be done on site that fulfilled the requirements of the program. In addition, the City Manager, with approval of city council, executed a Customer Incentive Agreement with Abbott Laboratories to provide all reagents, calibrators, calibrations, controls, and miscellaneous 1 Members of City Council II. III. materials as well as maintenance service for the operation of this analyzer. Current Situation: The Appropriations Act approved by the Virginia General Assembly during its 1990 regular session authorized DCJS to continued to provide funding for the "Drug Testing of Pretrial Felons" pilot program in the amount of $65,781 with no cost to the City of Roanoke. A grant request totalling $65~781 has been submitted to the DCJS for the Sheriff's Office to continue to administer the "Drug Testing of Pretrial Felons" program and $65,781 was awarded to the City of Roanoke. Preliminary approval of the program has been given by the DCJS subject to City Council's concurrence. (ATTACHMENT I- per conversation with Ron Bell, D.C.J.S., the amount of $65,708 noted in his letter was a mistake and it should be $65,781. The actual grant award has yet to be received but is to be forth coming sometime in July 1990.) Issues: A. Continuation of the "Drug Testing of Pretrial Felons" pilot program. Compliance with the program mandates requires the continued use of the ADX Abused Drug Analyzer. A Customer Incentive Agreement with Abbott Laboratories (ATTACHMENT II) to provide all reagents, calibrators, calibrations, controls, etc. as well as maintenance service would have to be executed by the City Manager with approval from City Council to provide for the continued operation of this analyzer. C. Funding. IV. Alternatives: City Council authorize the City Manager to execute a grant agreement with the DCJS not to exceed the amount of $65,781 and appropriate $65,781 to accounts to be established by the Director of Finance in the Grant Fund. In addition, City Council authorize the City Manager to execute a Customer Incentive Agreement with Abbott Laboratories to provide reagents, calibrators, calibrations, controls, and miscellaneous materials as well as maintenance service until July 1, 1991 for an amount not to exceed $34,777. Pilot program for testing pretrial felons for drug use would be continued. 2 Members of City Council Vo o Compliance with the grant program mandates for drug testing of pretrial felons would be accomplished. Funding would be provided with state funds through a grant at no cost to the City of Roanoke. City Council not authorize the City Manager to execute a grant agreement with the DCJS. Pilot program for testing pretrial felons for drug use would not be continued. Compliance with the grant program mandates for drug testing of pretrial felons would not be an issue. 3. State grant funds totalling $65,781 would be lost by the City. Recon~nendation: City Council concur with Alternative "A", thereby authorizing the City Manager to execute a grant agreement with the DCJS not to exceed the amount of $65,781 and appropriating $65,781 to accounts to be established by the Director of Finance in the Grant Fund. In addition, City Council authorize the City Manager to execute a Customer Incentive Agreement with Abbott Laboratories to provide reagents, calibrators, calibrations, controls, and miscellaneous materials as well as maintenance service until July 1, 1991 for an amount not to exceed $34,777. WAH/gm Respectfully submitted, W. Alvin Hudson Sheriff COMMONWEALTH of VIRGINIA Department of Criminal Justice Services S05 EAST BROAD STREET RICHMOND. VIRGINIA ~'3219 (804) 786-4000 ATTACHMENT I July 2, 1990 Mr. W. Robert Herbert, City Manager City of Roanoke Room 364 215 Church Avenue, $. W. Roanoke, Virginia 24011 R{CHARO N. HARRIS Re= Grant Application # 91A-7405, Continuation of {90A-6884 Drug Testing of Accused Felons Awaitln6 Trial : Pretrial Diversion and Related Services Dear Mr. Herbert~ The DCJS received the above referenced application for continued funding on June 20, 1990. I wanted you to know that the applications have had a preliminary review and that we plan to be send out approvals and statement of grant awards during this month. ~ / The DCJS intends to award an amount not-~to exceed $(rSy~, subject to final revieW, which reflects a reduction of 2.9% when compared to last year's award. We are notifying you of our intent so that the sheriff may place the request for continued funding on the City Council's agenda. y yours, Division of General Administration 345/acc The lion. W. Alvin Hudson, Sheriff Mr. Joel M. aehlanger, Director of Finance ;C- u t°mer Incentive Agreement and/or Reagent Agreem. e n nt ~ta~ ~k~ ATTACHMENT II , 'ABBOTT DIAGNOSTICS ABBOTTL.~BORATORIES D-943, AP6C-6 ASBOTTPARK, iLLINOiS 60064 ~D4u - Part A General Terms and Conditions Bmto: Cll' OF- Shlp to ("Facility"): civ, stats, zlp Agreement Plans 1.1 Cust°mer agrees to entsr into this Customer Incentive Agreement and/or Reagent Ag~ement Plan (-Ag~ement -), as its t~s and ~nditio~ a ply to each of the following Plans marked with an 'X': ~ Cusinmer Inc~ntiw Agreement [] Reagent Agrtmment Plan [] Combined Cusinmer lncentiw Agreement and Reagent Agreement Plan ' [n the event that Customer elects to enter into a Rea/lent Ag~-ement Plan, then Customer shell receive for use the following item(s) of equipment and/or ~s,~o~es thereto (all ol; which a~ ~ndividual[y and co lectively referred fo as the "F~uinment'~ With respect to Equipment provided to Customer under a Reagent Agreement Plan, in addition to the terms and conditions refer~d to in this Part A, the terms and conditions set forth in Fart B on the reverse side hereof shall also be applicable and shall be incorporated herein. Part B terms and conditions shall not, however, apply as to any Equipment to which Customer has acquired title due to Equipment p~rchases effected under Fart B, Paragraph 3.4 or requi~d under Part B, Section 4 (Risk of Loss). 2.1 1.2 1.3 in consideration qf Customer purchasing from Abbott the quantities of reagent tests specified on Attachment A hereto during each auarter 2.2 Each purchase made hereunder shall be subject to the terms and conditions of sale set out in the price catalog most recently published by the Abbott Diagnostics Division prior to the date of said purchase. 3 Pri~ Changes 1 ' · · · . .. Shipping _ Shipping charges for reagent test lilts (and Equipment shipped, ~applicable) shall be borne entirely by Customer .... C,~,~,'s All terms and conditiom contafoed fo any order form issued by Customer under this Agreement shall be null and void and entirely superseded by the terms and conditions of this Agreement and those contained hi the then~'urrent price catalog published by Abbott Disgn~tlcs Division. except To Customer: - 9 Oovetnlng Law This Agreement shall be B~.~r,,ed by and c~,~t, ued in accordance with the law~ of the State AGREED TO AND ACCEPTED this day of 19 Customer By: Title: " /-,,t/.s / Title: Contract Administrator PRICING Part B Reagent Agreement Plan (Equipment Placement) Terms and Conditions I Placement of For the term of this Reagent Agreemen Plan, Customer shall use the Equ pment only at "the Facility" as specified on the reverse and shall not Equipment remove, transfer, or alter the Equi?ment without the prior consen st Abbott 2 Installation and normal use. ep q p good working order, excluding items which requare replacement with 2.2 Customer shall reLmburse Abbott or pay for the entire cost of repairing any'damage or alteration to the Equipment caused by Customer, its 2.3 Customer shall use only Abbott rea enls ca ibt y rlzed ~ersonneL Such cos shall be determined Eq (Risk of Loss) or Equipment 4 Risk of effected under Paragraph 3.4 of this Part B, The termsand conditions of this Part B-shall terminate au omaticaily with respect to any such .- Equipment purchase~ by Customer 3.2 Custotoetshallnotpermitotsofferanyatlachine6t, bnclimbrance, liefi ors -' notify Abbott if any of the foregbthR is filed st claimo.'l ~,,I ~-' ~, · - , .. ~.e~u. rlty {fiteres~ to be filed age nst the E ui menta ¥ of the foregoing ..... · ....... Y t for any los~ or damage including attorneys' fees resu I tln~P~roYnn 34 Custoinermay, a-fa~};time, l~rch~seiheEq~i-pmenf~[ovl~l~.db~.obo h~[eT~nder -~- .......... · upon terms aha conditions st sal-6 e~tab][sh ~l b~ Abbott Equ,pme,nt ~resuthng from the use of the Equipment unless such lo'Purr dams ..... ~_.r~..B~,~A~ bo~t t shall be re. spons~le for any loss or darns e to the ~e~ ei; ~-ust~mer shall promptly notify Abbott a~ii¥ 6gs or klama-e to t~~':~ '? .... r ~-ustomet or i~y servi~e performed by unau hgorlzed less del~%-~at,on based on aen (10) uaar sttai,,ht lin ....... pay Abbott the then-current ca a se tr~ae prkee~'r such Eoulnamg, , 7 Warrant7 7.1 Abbottwarrantsandrepresentsthatall£quit~fi~entpravidedherqUnde~w~[~erform .... , - stated iff the applicable Abbott operators; manual ~o? su~h~Equ~pme~L '~ , m acco ,r~. ,']l~e. with Ab~oatt's siahdard w~itt&6 w~ranty as 8 Landlord'! Waiver 9 Return of Equipment Upon te~nination of this Reagent Agreement Plan for any reason, excet taldn ' the Equipment to Abbott. or ermit Abbott t~ · ' , . P g ie. Is the Eqmpment, Customer sba I carefuIl Customer. Cusinmet shall be liable for any loss of or damage to any item of the Equipment while ii is in return transit. 10 For~e Majeure Abbott shall not be liable for any failure to pe.ff~orm hereunder due to strikes ~1 al ' · government acts or orders, mterruptmn o£t rans~or t ation,~nabil/t v fo ob~-,- ~?~a ~o.r, ~ egel)! lc~kouE' f~r?,,floqds,,orwater damage,, riots, ............. a~a upon reasonaoie prices.or,terms, or an~}; bther causes beyond 11 Reagent Agreement Plan Term its control. This Reagent Agreement Plan shall take ~ffect ~-pon the Agreement effective date and, unless earlier terminated due to Customer's taking title to. ~the-Equipment, ~hai[Zerminateupor~Agzeement erminaEon. TDx OTHER FAMILY Quarterly TDx TRANSPLANT DIAGNOSTICS FAMILY DRUG DETECTION/TOXICOLOGy FAMILY L Tric~z¢licAntidepressants ~ tA ~~ICOLO~y FAMILY Opiates Quarterly Acetaminophen Ethanol NON-ISOTOPIC ENDOCRINE FAMILY T-~pt~ TDx REA CHEMISTRIES FAMILY BUN Creatinine Lactic Acid Trig/ycerides TDx SPECIFIC PROTEINS FAMILY fC-Reactive Protein r Q~terly Page I of 2 TDx SPECIFIC PROTEINS FAMILY cont. Quarterly HEPATmS FAMILY Auszyme C~rzyme-M RETROVlRUS FAMILY Product Quarterly HTLVI CANCER FAMILY SEXUALLY TRANSMITTED DISEASES FAMILY PRICING Roanoke, Virginia July 23, 1990 Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, Virginia 24011 Dear Mayor Taylor and Members of City Council: Subject: Continuation of Drug Testing of Pretrial Felons Grant Program I concur with the report and recommendations which has been submitted to City Council by Sheriff W. Alvin Hudson regarding the above-referenced matter. Respectfully submitted, W. Robert Herbert City Manager WRH:EBRJr:mp cc: Sheriff W. Alvin Hudson City Attorney Director of Finance Office of the City Clerk July 25, 1990 File #178-200-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30161-?2390 authorizing execution of a written agreement with the City of Roanoke Redevelopment and Housing Authority relating to the performance of certain Community Development Block Grant program activities to be undertaken by the City during Program Year 1990-1991 Resolution No. 30161-72390 was adopted by the Council of the C! of Roanoke at a regular meeting held on Monday, July 23, 1990. Sincerely, ~O~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Erlc. pC: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment ana Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. William F. Clark, Director of Public Works Mr. Brian J. ~ishneff, Chief of Economic Development Mr. John R. Marlles, Chief of Community Planning Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Stephanie A. Fowler, Neighborhood Partnership Coordinator Mr. James D. Ritchie, Director of Human Resources Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day 0f 3uly, 1990. N0. 30161-72390. A RESOLUTION authorizing the execution of a written agreement with the City of Roanoke Redevelopment and Housing Authority re- lating to the performance of certain Community Development Block Grant program activities to be undertaken by the City during Program Year 1990-1991. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, a written agreement, more particularly described in the report of the City Manager dated July 23, 1990, and providing for the provision of certain administrative services under the City's Community De- velopment Block Grant for the 1990-1991 Program Year, between the City of Roanoke Redevelopment and Housing Authority and the City of Roanoke, and providing for the services to be rendered by said Authority to the City in implementing certain program activities identified in the City's application and budget for the aforesaid Grant, along with certain terms and conditions described in the aforesaid report, including the compensation to be paid to the Authority. 2. The form of the contract between the City and the Authority shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia July 23, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Contract for Services with the Roanoke Redevelopment and Housing Authority I. Background: City Council appropriated Community Development Block Grant (CDBG) funds on June 25, 1990 by Ordinance No. 30125-62590 CDBG funds for Fiscal Year 1990-91 total $2,083,788 including $1,563,000 new entitlement and $520,788 in program income. Additionally, $254,448 was transferred from older projects to projects included in the FY 1990-91 CDBG program. Roanoke Redevelopment and Housing Authority I RRHA) historically has administered certain portions of CDBG programs for the City, including housing rehabilitation and economic development activities. II. Current Situation: Funds budgeted for RRHA's services in FY 90-91 total $436,897 for administration and support of four (4) Economic Development programs, eight (8) Housing programs and one (1) neighborhood redevelopment project. Project funds to be administered by RRHA, and covered by this contract, total $1,124,469 in CDBG funds. Total value of contract - administration plus project funds is $1,561,366. (Please see Attachment A) Total value of projects to be administered by RRHA through this contract ex~e~ $2.8 million including CDBG funds, other HUD funds, State funds, and leveraged private funds. (Please see Attachment B) Administrative Agreement between the City and the RRHA is necessary before the RRHA can perform and receive payment for administrative activities regarding CDBG- funded or assisted programs. Honorable Mayor and Members of City Council Page 2 III. A. Cost to the City B. Funding C. Administrative Capability D. Timing IV. Alternatives: ae Authorize the City Manager to execute an Agreement with the RRHA for the administration and implementation of various community development activities. Cost to the City, for projects and administration, of those projects will be $1,561,366 in CDBG funds. No other City funds will be expended. e Funding is available in CDBG accounts listed in Attachment A. Administrative capability to perform the services specified is possessed by the RRHA. The RRHA is experienced in and knowledgeable of the programs specified, having performed similar responsibili- ties in previous years. 4e Timing is important since previous contract expired on June 30, 1990 and several programs are ongoing and should be continued. Be D__o not authorize the execution of the attached Agreement with the RRHA for the administration of various community development activities. Cost to the City would depend on the cost of performing the activities directly with existing and additional City staff, or of contracting for services from private agent'S. e Funding for administration and projects would be available in CDBG accounts shown in Attachment A. Administrative capability to perform the various activities is available in some cases with existing City staff. However, other capability would have to be obtained by hiring additional CDBG-funded staff and/or contracting with private agencies. Some projects may be limited without the RRHA's redevelopment and acquisition authority. Honorable Mayor and Members of City Council Page 3 Timinq would delay the implementation of many program activities, until necessary staff could be hired and trained or until other arrangements could be made. V. Reco~nendation: It is recommended that City Council concur in Alternative A and authorize the City Manager to execute the attached Agreement with the P. RHA for the performance of various community development activities. Respectfully submitted, W. Robert Herbert City Manager Attachments WRH:vlp CC: Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Resources Chief of Economic Development & Grants Chief of Community Planning Housing Development Coordinator Grants Monitoring Administrator Neighborhood Partnership Coordinator Executive Director, Roanoke Redevelopment & Housing Authority ATTACHMENT A CITY OF ROANOKE SUMMARY OF FUNDING FOR RRHA For 7/1/90 - 6/30/91 Account Number ~count Na~e Project Funding Total Admin & CDB~ Support Funding 035-088-8820-5105 035-089-8920-5105 035-090-9010~5037 Private Loan Program Private Loan Program Private Loan Support $ 14,778 40,000 40,280 $ 95,058 035-088-8820-5113 035-089-8920-5113 035-090-9020-5113 035-090-9010-5038 Private Loan Subsidy Private Loan Subsidy Private Loan Subsidy Private Subsidy Support $ 63,163 17,814 61,837 26,177 $168,991 035-089-8920-5101 035-090-9020-5101 035-090-9010-5036 Critical Home Repair $ 13,899 Critical Home Repair 93,935 Critical Home Support 34,240 $142,074 035-088-8820-5203 035-089-8920-5203 035-090-9020-5203 035-090-9010-5076 Quick Response To Emer $ 1,583 Quick response To Emer 7,935 Quick Response To Emer 40,488 Quick Response Support $40,280 $ 90,286 035-088-8820-5102 035-089-8920-5102 035-090-9020-5102 035-090-9010-5048 Operation Paintbrush $ 13 Operation Paintbrush 4,599 Operation Paintbrush 40,000 Operation Paintbrush Supp. $34,240 $ 78,852 035-088-8820-5115 035-089-8920-5115 035-090-9010-5034 Home Purchase Loan Prog $140,852 Home Purchase Loan Prog 99,148 Home Purchase Assr Support $22,150 $262,150 035-090-9020-5205 035-090-9010-5077 319 Harrison Acquis 319 Harrison Support $ 40,000 $ 2,460 $ 42,460 035-088-8820-5172 035-089-8920-5172 035-090-9020-5172 035-090-9010-5033 Fairfax Ave Clearance $ 41,520 Fairfax Ave Clearance 28,454 Fairfax Ave Clearance $ 5,000 Fairfax Ave Clearance Supp 51,000 $125,974 ATTACHMENT A Project Funding Total Admin & CDBG Support Funding 035-088-8830-5131 035-090-9010-5044 035-088-8830-5157 035-088-8830-5144 035-088-8830-5145 035-090-9010-5047 035-088-8830-5138 035-090-9010-5035 035-090-9010-5039 Deanwood Deanwood Support Deanwood Addition Henry Street $226,771 17,935 5,221 Shaffers Crossing $116,551 Shaffers Crossing Support Marketing & Disposition RRHA General Admin Rental Rehab Support 2,973 20,000 $246,771 $ 17,935 $ 5,221 $19,670 $136,221 $ 2,973 96,050 $ 96,050 50,350 $ 50,350 TOTALS $1,124,469 $ 436,897 $1,561,366 0 0 0 0 0 AC~R~NT THIS AGREEMENT is made and entered into this 1990, by and between the following parties: the Grantee: City of Roanoke 215 Church Avenue S.W. Roanoke, Virginia 24011 and the Subgrantee day of City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N.W. Roanoke, Virginia 24017 It is the intent of the Grantee to entrust the Subgrantee with the implementation of certain projects and activities relating to community development and neighborhood revitalization, including, but not limited to, projects outlined in the Grantee's 1990-91 Community Development Block Grant (CDBG) program. The Grantee and Subgrantee agree as set forth below: II. The Subgrantee shall implement certain projects and activities as set forth in Part I of the Terms and Conditions of the Agreement. The Grantee shall compensate the Subgrantee as set forth in Part II of the Terms and Conditions of the Agreement. AND C(]~DITI0~s O__F AC4~T Part I - Scope of Services: The Subgrantee shall, in a satisfactory and proper manner, as determined by the Grantee, and within the scope of the 1990-91 Grant Programs Funds Appropriations for CDBG provided for the services included herein and approved by the Roanoke City Council, perform the following tasks: Rehabilitation and Revitalization of Residential _Areas: 1. Private Rehabilitation Loan Program - The subgrantee shall lend the proceeds of the $600,000 mortgage revenue bond it will sell to the public for rehabilitation or purchase/ rehabilitation of owner occupied houses during Fiscal Year 1990-91. The Grantee and Subgrantee shall review characteristics of FY 1990-91 Private Rehab Loan Program and jointly determine whether future revenue bonds are to be sold by the Subgrantee using CDBG or other funds and on what basis. Ail costs of said future mortgage revenue bond, including loan loss reserve, auditing, legal expense, cost of issuance and all other related expenses (excluding staff costs), and additional costs incurred relative to previous mortgage revenue bonds, shall require no more than $54,778 of CDBG funds or other funds by the Grantee for a bond issued to be in July, 1990 and for a second bond issue in Spring of 1991). Support costs, including staff salaries and other delivery costs of the program will not exceed $40~280, for a total program cost of $95,058. me Private Rehabilitation Loan Subsidy - The Subgrantee shall administer a subsidy program to subsidize rehabilitation or purchase/ rehabilitation loans from other sources, including the Private Rehabilitation Loan Program, and in accordance with written guidelines as set forth in Attachment A. The Private Rehabilitation Loan Subsidy shall consist of grants to be made to owner-occupant borrowers of funds under the Private Rehabilitation loan Program or other sources, e including conventional lenders, in order to make rehabilitation and/or purchase/rehabilitation loans for homeowners more affordable. The total of all subsidies provided under this progra~ shall not exceed $142,814. Program delivery costs, including staff costs, shall not exceed $26,177, for a total program cost of $168,991. Critical Home Repair Program - The Subgrantee shall administer the Critical Home Repair Program in accordance with written guidelines as set forth in Attachment B~ Essentially, the Critical Home Repair Program consists of limited grants or loans to qualified homeowners to repair or replace seriously substandard components of the homeowner's structure, using CDBG funds; and forgivable deferred-payment loans for certain energy-conserving improvements, using funds loaned to the homeowners by the Department of Housing and Comunity Development (DHCD) and/or the Virginia Housing Development Authority (VHDA). The total of all such grants/loans to be made in Fiscal Year 1990-91 shall not exceed $107,834 of CDBG funds. A total of $50,006 shall be set aside for "Quick Response to Emergencies',. Program delivery costs for both programs, including salaries shall not exceed $74,520 ($34,240 for Critical Home Repair and $40,280 for "Quick Response"). Total program cost is $232,360. Operation Paintbrush - The Subgrantee shall administer an exterior home painting and minor repair program in accordance 3 with written guidelines as set forth in Attachment C, using funds made available by the Grantee. The general purpose of Operation Paintbrush is to make a strong visual statement about the viability of the neighborhood by dramatically improving a selected area through painting the exterior of homes. The Subgrantee shall procure contractors to paint the homes according to standard procurement procedures. Regulations concerning lead-based paint shall be complied with. The total of all such grants to be made in Fiscal Year 1990-91 shall not exceed $44,612 of CDBG funds. Program delivery costs, including salaries, shall not exceed $34,240, for a total program cost of $78,852. Rental Rehabilitation Pro~ram - The Subgrantee shall administer the Rental Rehabilitation Program as developed by the Grantee and Subgrantee and approved by the Department of Housing and Urban Development (HUD), the Virginia Housing Development Authority (VHDA) and the Virginia Department of Housing and Community Development (DHCD). Such Program shall consist of Rehabilitation subsidies loaned by the Subgrantee to rental property owners, from funds allocated to the Program by HUD from Rental Rehabilitation Program funds. Such funds may be supplemented by funds allocated for the Program by VHDA and/or DHCD, to be loaned directly to property owners by those agencies. Loan applications for funds from V~IDA and DHCD will be packaged by the Subgrantee for submission to those agencies. However, funds allocated by VHDA and DHCD will be loaned neither to or by the 4 Subgrantee. The Program will be administered in accordance with the guidelines in ~ttachment D. The funds, including $150,000 from HUD and $212,000 from the Virginia Housing Partnership Fund will be used for rehabilitation subsidies during the contract year. Program delivery costs for the Subgrantee, including salaries shall not exceed $50,350. Section 312 Rehabilitation Loan Proqram - The Subgrantee shall continue to administer the rehabilitation loan program using Section 312 funds as made available by HUD, specifically to the completion of rehabilitation projects committed and begun in FY 1988-89. In the event HUD makes any additional Section 312 funds available, the Subgrantee shall 'administer such funds only in consultation with and with the approval of such use by the Grantee. Home Purchase Assistance - The Subgrantee shall assist the Grantee in the administration of the Home Purchase Assistance Program, as outlined in Attachment E. Specifically, the Subgrantee shall prepare detailed work write-ups and cost estimates on candidate houses, verify applicants' eligibility, package loan applications for review and approval by DHCD and/or V~DA, close loans, oversee rehabilitation, and conduct training sessions for Program applicants. The Subgrantee shall not be responsible for servicing any loans under this Program. Approximately 16 houses will be included in this Program during FY 1990-91. 5 Se The total of all such loans to be made in Fiscal Year 1990-91 shall not exceed $240f000 of CDBG funds, and $220,000 in DHCD/VHDA funds. Program delivery costs, including salaries shall not exceed $22~150. Total CDBG program cost is $262,150, plus DHCD/VHDA cost of $220,000. Owner-Occupied Rehabilitation - The Subgrantee shall administer the Owner-Occupied Rehabilitation Loan Program, as approved and funded by the Virginia Departn~ent of Housing and Cor~unity Development. This Program makes loans for qualifying rehabilitation of low and moderate income owner- occupied houses not meeting Building Maintenance Code and Housing Quality Standards. The Program will be administered in accordance with the guidelines in Attachment F, supplemented by the program operations manual provided by DHCD. Loans made under the Program will be made directly from DHCD or V~DA to the borrower, with the Subgrantee assisting in the packaging of the loans and monitoring of the rehabilitation. The total of all such loans will not exceed $83,000. No CDBG funds are involved. Technical Assistance, Counselinq and Services - The Subgrantee shall assist the Grantee in providing advice and counseling to citizens, individually or in groups, concerning community development and housing concerns. Such assistance and services will be provided as requested by citizens and shall include but not be limited to: a. Property inspections and technical advice concerning 6 10. 11. DJ repair, remodeling, rehabilitation and maintenance; Guidance and counseling concerning possible financial arrangements for purchase or rehabilitation, including possible options available in the private financing market. Providing technical assistance to the Grantee's Housing Development Office relative to long-term housing and education/information programs in accordance with guidelines set forth in Attachment G. Marketing - The subgrantee shall play a principal role in assisting the Grantee in publicizing and marketing housing programs, rehabilitation and neighborhood revitalization generally. Included in this role will be arranging for the placement of signs, supplied by the Grantee, on the site of rehabilitation projects assisted under programs described herein. Relocation Assistance and Counseling - The Subgrantee shall assume responsibility for the relocation assistance and guidance to be provided to residents and businesses displaced by community development projects and activities of the Grantee, in accordance with HUD regulations and guidelines. In addition, the Subgrantee shall participate with the Grantee in updating the City-wide housing resource sun~ary and a plan to meet the total relocation needs for the program year. 12. Outstandin~ Loans and Grants~ Foreclosures - The Subgrantee shall continue to service outstanding loans, forgivable and/or deferred payment loans, grants, etc., made in previous years as appropriate and in accordance with guidelines of the specific programs. The subgrantee shall provide counseling to parties delinquent in their repayments in a reasonable effort to avoid foreclosure. However, where delinquencies persist, the Subgrantee shall institute appropriate foreclosure procedures. The Subgrantee shall maintain and protect properties on which it has foreclosed, and in consultation with the Grantee, shall arrange for resale, assumption of loan, or other disposition of the property. Gainsboro Conservation/Redevelo.~t Plan: The Subgrantee shall implement the Gainsboro Conservation/ Redevelopment Plan (Amendment No. 2), coordinating its activities with the Gainsboro Project Area Committee (PAC) and the Gainsboro Neighborhood Development Corporation (GNDC). The Subgrantee may also contract with PAC and GNDC to provide services in addition to the duties to be performed by the Subgrantee under the Conservation/Redevelopment plan, provided that any such contract for additional services funded by the Grantee shall be approved in writing by the City Manager before execution by the Subgrantee. 1. Fairfax Avenue Clearance - As part of the Gainsboro Conservation/Redevelopment plan, the Subgrantee shall proceed 8 with the Fairfax Avenue Clearance project as detailed in Attachment H. The Grantee shall provide funds for the Subgrantee to acquire eleven (11) properties and relocate occupants as necessary, within the funding limitations listed below. The Subgrantee shall closely coordinate all work with the Grantee, and the Gainsboro Neighborhood Development Corporation (GNDC) will be adequately informed. Costs associated with the project shall not exceed $74,974. Project support costs, including salaries, shall not exceed $51,000, for a total program cost of $125,974. 319 Harrison Acquisition - The Subgrantee shall purchase the house located at 319 Harrison Avenue, NW from the GNDC for $40,000. Subgrantee shall rent the house or offer it for sale under a lease-to-purchase program. Project support costs shall not exceed $2,460, for a total program cost of $42~460. Community Interaction: The Subgrantee shall assist the Grantee in the performance of certain basic community-oriented tasks which include, but are not limited to, the following: 1. Planning, organization and implementation of neighborhood meetings. 2. Development and distribution of materials necessary to inform the public regarding neighborhood revitalization activities performed by the Subgrantee pursuant to this contract. 3. Planning, organization and implementation of the CDBG public 9 workshops and/or hearings incidental to the Grantee's annual application process. The Subgrantee shall provide information monthly to the Grantee concerning the status and activity of the various housing programs, which the Grantee then may distribute to community organizations or representatives, as the Grantee sees appropriate. Co~nercial/Industrial Development: 1. Commercial Rehabilitation - The subgrantee shall continue to administer the downtown commercial rehabilitation loan program. The Subgrantee shall encourage the use of the Roanoke City Tax Abatement Program for commercial, industrial and residential rehabilitation in areas eligible under the City Code. Deanwood Redevelopment - The Subgrantee shall continue to implement Redevelopment Plan (1975), as amended by Amendment No. 2, by Resolution No. 27751, adopted by City Council on August 16, 1985, to include additional property within the redevelopment area. Within this expanded area, the Subgrantee shall perform, during the term of this Agreement, appraisals and title work, acquisition, relocation and demolition, and site development. Funds are available to the Subgrantee for these additional activities in the amount of $226,771 for the Deanwood Expansion area. Program support costs shall not exceed $20,000, for a total program cost of $246t771. For the area known as the Deanwood Addition, that ten-parcel 10 tract fronting on Orange Avenue, funds are available in the amount of $17,935. Ail work shall proceed with the assistance of the Grantee's City Engineer and Chief of Economic Development who shall approve all requests for proposals, contracts regarding site design and development, final plans and change orders for this project within ten working days, except for issues requiring action by City Council. Ail expenses related to Deanwood property acquisition, disposition, site clearance/improvements, maintenance, engineering and plan development shall be charged directly to the Deanwood account and not to the Subgrantee's general program administration. Henry Street Redevelopment - The Subgrantee shall implement the Gainsboro Conservation/Redevelopment Plan (Amendment No. 2), in the "Henry Street" area of the Gainsboro Project area in accordance with such Plan, and in accordance with any amendment or supplement to the Plan relating to the "Henry Street" area after its adoption by Grantee's City Council and the Subgrantee's Board of Commissioners. Funds available to the Subgrantee for these activities shall not exceed $5,221. Ail expenditures shall be approved in advance by the Grantee. The subgrantee shall arrange for and oversee the operation of two (2) parking lots on Centre Avenue and First Street in the "Henry Street" redevelopment area. Downtown East Parking Lots - The Subgrantee shall continue to arrange for and oversee the operation of four (4) parking 11 lots in the Downtown East area. The Subgrantee shall participate actively with the Grantee to expedite the sale of these properties and shall provide any information required by the Grantee or HUD relative to the close-out of the Urban Renewal program. Redevelopment Plans - Preparation ~nd Amendment - The Subgrantee shall produce and amend as needed Redevelopment Plans for areas within the City. Property Marketinq and Disposition - The Subgrantee shall continue to promote and sell parcels available in all Redevelopment Areas, including but not limited to the Kimball, Downtown East, Deanwood and Gainsboro areas. Ail contacts with potential developers shall be coordinated between the Grantee's Chief of Economic Development and the Subgrantee's Director of Land Planning. Each of these parties or his representative shall be afforded the opportunity to be present at any showing of any available site by either the Grantee or the Subgrantee. Negotiations incidental to land sales will also be coordinated between the aforementioned parties. Expenditures for Urban Renewal disposition costs shall not exceed ~2,973 unless additional funds are otherwise approved. Expenses related to land disposition shall be charged directly to the affected program account and not charged to the Subgrantee,s general program administration. 12 7. Shaffer's Crossing Redevelopment - The Subgrantee shall continue to implement Phase I of the Shaffer's Crossing Redevelopment Plan (1985), within the financial limits of the funds appropriated by City Council and following a written Notice to Proceed from the City Manager. All work shall proceed with the assistance of the Grantee's City Engineer and Chief of Economic Development, who shall approve all requests for proposals, contracts regarding site design and development, final plans and change orders for this project within ten (10) working days, except for issues requiring action by City Council. All expenses relating to property acquisition, disposition, site clearance/improvements, maintenance, engineering and plan development shall be charged directly to the Shaffer's Crossing Project account. Activities to be completed during the term of this Agreement primarily include demolition and site work, as funds permit. Funds are available to the Subgrantee for these activities in the amount of $116,551. Program support costs shall not exceed $19,670, for a total program cost of $136,221. Property Maintenance: The Subgrantee shall be responsible for the upkeep and maintenance of all properties acquired by the Subgrantee as a result of CDBG activities. The cost of these activities shall be charged directly to the applicable program account and not to the Subgrantee's general program administration. All equipment purchases, as part of this activity, must receive prior approval of the Grantee. 13 PART Ao Program Coordination: Appropriate staff of the Subgrantee shall meet and consult regularly and as needed as determined by either party, with appropriate staff of the Grantee. Such staff of the Grantee may include, but are not limited to, the City Manager, Assistance city Manager, Director of Public Works, Building Commissioner, Housing Development Coordinator, Chief of Economic Development and Grants, and Grants Monitoring Administrator. The intent of such meetings and consultations shall be to facilitate the efficient and effective implementation of program services listed above, and consider the need for and planning of other activities of the Grantee, Subgrantee, or both, consistent with the general purpose of community development and neighborhood revitalization. I_~I - ~ENSATIO~ AND ~ETHOD OF PAYM~T: Program Funds: The following funds, as detailed in Table I, shall be made available to the Subgrantee for program activities: (See Table I following). Program Inc~: Program income from any and all sources shall be submitted to the City within five (5) days of its receipt by RRHA. Limits o__fFundinqSources: Payments to the Subgrantee may be made from the 1990-91 CDBG project and general administration accounts up to the amount designated by Roanoke City Council; however, the total payments, from all sources, to the Subgrantee for program support and 14 De general administration of the identified program activities shall not exceed $436,897 for the 1990-91 program year. Disbursement Procedures: The Subgrantee shall file the necessary papers with the Director of Finance ten (10) working days prior to the date that actual disbursements are needed. Cash advances shall be reasonably estimated, therefore, excess advances will not be allowed. Cash advances will be recorded as Accounts Receivable due from the Subgrantee. The Subgrantee shall submit, by the fifth working day of each month, a monthly report to the Director of Finance, indicating the actual expenditures incurred against all cas~ advances not previously reported to the Director of Finance. Expenditures reported will be deducted from the Accounts Receivable balance due from the Subgrantee. The Subgrantee also shall submit time sheets, by the tenth working day of each month, to the Grants Monitoring Administrator, which indicate Subgrantee's staff time committed to each project. No additional cash advances shall be made to the Subgrantee until these reports are submitted. Monthly financial status reports issued by the Director of Finance shall be reviewed by the Subgrantee and any discrepancies reported in writing within ten (10) working days of receipt of said report. Annual Auclit an~Monitoring: The Subgrantee shall provide for an independent audit of all CDBG expenditures in accordance with Circular A-128 for the contract period covered by this Agreement as set forth in Part IV, Section 15 A. Two copies of said audit report shall be furnished to the Grantee within 30 days after completion of the audit. In addition, it is the intention of the Grantee to perform quarterly monitoring visits to verify the Subgrantee's performance from a financial and compliance auditing perspective during the contract period covered by this Agreement. PART III - GRABT~E ~ESPONSIBILITIES: Ae Be General Guidance: The Grantee shall provide general guidance and direction to the Subgrantee concerning the intent and operation of programs developed by the Grantee to be administered by the Subgrantee under this Agreement. Reports prepared by the Grantee's staff for presentation to City Council relating to matters covered by this Agreement shall be provided to the Subgrantee for review and con~ent as early as possible before the day of the Council meeting. Existing Data: The Grantee shall make available existing reports, maps, records or other existing data that may assist the Subgrantee's performance of services covered under this Agreement. Pro~ect Within a Redevelopment Area, public improvements, such as streets, curb and gutter, public utilities, etc., unless otherwise approved by the Grantee, shall be the responsibility of the Grantee. Copies of the project plans may be obtained by the Subgrantee upon request to the Grantee's City Engineer. 16 Non-Personnel Costs - program Develo_R~ent: Expenses relating to the development of a new program or the continuation of an existing program not contained in Part I of this Agreement may be furnished by the Grantee. Said expenses shall not be incurred by the Subgrantee without written approval of the Grantee. PART I__V - PERFORMANCE AND RECORD KRRDING: A. Time Period: The Subgrantee shall commence the provision of the services described in Part I of this Agreement as of July 1, 1990, and continue through June 30, 1991. Reporting requirements and-annual audit shall cover the full program year period from July 1, 1990, through June 30, 1991. B. Reportinq Requirements: The Subgrantee shall report monthly, by the tenth (10th) working day of each month, the progress of each activity covered by this Agreement, using a reporting format acceptable to the Grantee's Grants Monitoring Administrator. Such monthly reports shall include, but not be limited to the following: 1. Activity report for each conservation area and rehabilitation district, identifying units completed, dollars spent, applications on file and applications being reviewed for each program. 2. The general property maintenance activities undertaken by project area. 3. List of gross program income receipts from all sources and itemized disposition expenses on a quarterly basis. 17 List of loans delinquent and foreclosed, by street address, total repayments made, balance and amount of grant, if any. identifying property outstanding loan Staff time expended on each program, as specified in Part II D above. Number and type of contacts for housing counseling, outreach activities and workshops, seminars, meetings, etc. PART V - THIRD PARTY CO~TRACTS AND BIDS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. However, unless otherwise directed by the City Manager, all bid documents, contracts, contract amendments and change orders between the Subgrantee and a third party which relate to construction or consultant services to be performed by the Subgrantee hereunder, must receive written authorization from the Grantee prior to execution. The Grantee shall complete its review of documents furnished by the Subgrantee within ten (10) working days of their receipt. PART VI-P~i~SONN~L: The Subgrantee represents that it has, or will secure (limited to the funds provided under this Agreement) all personnel req~/ired in performing the services under this Agreement. Such employees shall not be employees of or have any contractual relationship with the Grantee. Ail of the services required hereunder will be performed by the Subgrantee or under its supervision, and all personnel engaged in the work shall be fully qualified to perform such services. Should any position(s) funded in whole with CDBG funds become vacant, 18 the Subgrantee must provide the Grantee with written notification prior to advertisement for new applicants and/or filling said vacant position(s). PART VII - COMPLIANCE WITH m~uEP~LREGULATIONS: The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment I, those described in 24 CFR 570.502, and all other applicable federal regulations relating to specific programs performed hereunder. The Subgrantee shall submit all plans and specifications for projects located in the Southwest Historic District in which there are any federal funds involved, to the Grantee's Grants Monitoring Administrator for review and approval as to impact on the historic character of the District. Ail proposals for CDBG-assisted rehabilitation in the City will be reviewed by the Grantee's Grants Monitoring Administrator to determine the structure's eligibility for inclusion on the National Register of Historic Places. PART VIII - CO~FuICT OF No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activities, may obtain a personal or financial interest in or benefit from any of the activities, or have an interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter. 19 PA~TZX - ZND~ZTYPROVZSION: The Subgrantee agrees to indemnify and hold harmless the Grantee, its officers, agents and employees, from any and all claims legal actions and judgments advanced against the Grantee and for expenses the Grantee may incur in this regard, arising out of the Subgrantee's intentional acts and negligent acts or omissions with respect to the rights or privileges granted by the Grantee to the Subgrantee in this Agreement. PART X - AMENDg~ENTS: Either party to this Agreement may, from time to time, require changes in the scope of services to be performed hereunder. Such changes which are mutually agreed upon by and between the parties to this Agreement shall be incorporated into written amendment to this Agreement. PART XI - '£~z~INATIO~IOFAG~RI~m~g~TFORCAUSE: If either party to this Agreement should fail to fulfill in a timely and proper manner its obligations under this Agreement, either party shall thereupon have the right to terminate this agreement by giving thirty (30) calendar days written notice of such termination to the affected party and specifying the effective date thereof. PART XII - ~ING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. 2O IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this Agreement as of the date first written above. Attest: City of Roanoke, Virginia (Grantee) City Clerk City Manager Witness: City of Roanoke Redevelopment and Housing Authority (Subgrantee) Executive Director 21 Office of the City Clerk July 25, 1990 File #178-200-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30162-72390 authorizing you to execute an Agreement with the Northwest Neighborhood Environmental Organization, Inc., (NNEO) to provide for use of certain Community Development Block Grant (CDBG) funds for the rehabilitation of a vacant house located at 702 Gilmer Avenue, N. W. Resolution No. 30162-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23 1990. , Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc, pC: Ms. Florine Thornhill, President, Northwest Neighborhood Environmental Organization, Inc., 819 Centre Avenue N. W., Roanoke, Virginia 24016 Mr. William F. Clark, Director of Public Works Ur. John R. Marlles, Chief of Community Planning Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Stephanie ~. Fowler, Neighborhood Partnership Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd day of July, 1990. No. 30162-72390. VIRGINIA, A RESOLUTION authorizing the City Manager to execute an Agreement with t~e Northwest Neighborhood Environmental Organization, Inc. (NNEO) to provide for the use of certain Community Development Block Grant (CDRG) funds for the rehabilitation of a vacant house at 702 Gilmer Avenue, N. W. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and to seal and attest, respectively, an Agreement with the Northwest Neighborhood Environmental Organization, Inc. (NNEO), which Agreement shall provide~ for the use of CDBG funds in the amount of $15,000 alone with funds of the NNEO for its rehabilitation of a vacant house at 703 Gilmer Avenue, which dwelling is proposed to be sold after rehabilitation to low to moderate income persons, in accordance with the recommendation con- tained in the City Manager's report to Council, dated July 23, 1990. 2. The form of the Agreement shall be approved as to form by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia July 23, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Contract for Services with the Northwest Neighborhood Environmental Organization (NNEO) I. Background: City Council authorized funding for the 702 Gilmer Avenue Rehabilitation project as part of the Community Development Block Grant (CDBG) application; approved by Council on May 14, 1990 by Resolution No. 30041-51490. City has received HUD approval of the CDBG application by letter dated June 18, 1990. II. Current Situation: Project is proDosed by the Northwest Neighborhood Environmental Organization (NNEO) to continue the revitalization process on Gilmer Avenue, N.W. and to provide low to moderate income persons with an opportunity for homeownership. NNEO will complete rehabilitation of a vacant house located at 702 Gilmer Avenue NW, and eventually sell the single family unit to a low to moderate income family. FY 1990-91 CDBG funds, in the amount of $15,000, will leverage $30,000 in additional monies from the neighborhood organization and a bank loan. A__n administrative agreement between the City and NNEO is necessary for the funds to be obligated to this project. III. Issues: A. Cos____~t t__o the City B. Funding C. Administrative capacity D. Timing Compliance with aDplicable regulations Legal issues IV. Alternatives: Authorize the City Manager to execute the attached A~reement with NNEO for the rehabilitation of a vacant house at 702 Gilmer Avenue, N.W. Cost to the City will be $15,000 in FY 1990-1991 CDBG funds. Fundin~ is available in CDBG Account No. 035-090-9020-5206. Administrative capacity of NNEO has been shown by the many successful community development projects they have administered in the past 10 years. Timin~ is important since NNEO has obtained prelimi- nary cost estimates for the rehabilitation work which are subject to change at any time. Compliance with apDlicable regulations is assured through contract review and project monitoring by the City's Office of Grants Compliance. Legal issues will be addressed through contract review by the City Attorney. Do not authorize the City Manager to execute the attached A~reement with NNEO for the rehabilitation of 702 Gilmer Avenue. Cost to the City would be nothing, except in continued deterioration of a vacant structure and the resulting health and safety hazard. 2. Fundin~ would not be an issue. 3. Administrative capacity would not be an issue. 4. Timin9 would not be an issue. Compliance with applicable regulations would not be an issue. 6. Legal issues would not be an issue. V. Recoa~endation: It is recommended that City Council concur in Alternative A and authorize the City Manager to execute the attached Agreement with NNEO for the rehabilitation of the vacant house located at 702 Gilmer Avenue, N.W. Respectfully submitted, W. Robert Herbert City Manager attachments WRH: v lp CC. Assistant City Manager City Attorney Director of Finance Director of Public Works Chief of Community Planning Grants Monitoring Administrator Roanoke Neighborhood Partnership Coordinator Project Manager President, Northwest Neighborhood Environmental Organization This Agreement is made and entered into this day of , 1990, by and between the following parties: The Grantee - City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 and the Subgrantee - Northwest Neighborhood Environmental Organization (NNEO) 802 Loudon Avenue, N.W. Roanoke, Virginia 24016 The Grantee has been authorized by its City Council pursuant to Resolution No. 30041-51490, adopted May 14, 1990, to provide $15,000 in matching funds toward the 702 Gilmer Avenue Rehabilitation project as part of its Community Development Block Grant program. The parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: NNEO will rehabilitate a vacant house located at 702 Gilmer Avenue and eventually sell the single family unit to a low/ moderate income family. TIME OF PERFO~ANC~: This Agreement shall be for the period of July 1, 1990 through June 30, 1991. Agreement may be extended with the written agreement of both parties. 3. BUDGET: The total budget for this project will be $20,000. sources for this project are as follows: 1990-91 CDBG Funds $15,000 NNEO $ 5,0O0 Funding P~OPOSED PA19~]~T S~:-~,~LE AND PEOCEDUEKS: Requests for payment will be submitted to the assigned Project Manager for initial review and approved for payment by the Office of Grants Compliance. Funds will be disbursed monthly, as needed. Payment will be made to the Subgrantee within ten (10) days from date of receipt. 5. INDB~IFICATION: The Subgrantee agrees to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Subgrantee's intentional acts and negligent acts or omissions with respect to the rights and privileges granted by the City to the Subgrantee in this Agreement. COMPLIANCE WIT~ FEDERAL REGULATIONS: The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment A and all other applicable federal regulations relating to specific programs performed hereunder. Further, the Subgrantee agrees to require compliance with applicable federal regulations of the contractor by agreement. UNI FOI~M AD~INI STRATIVE The Subgrantee shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non Profit Organizations" and with the following Attachments to OMB Circular No. A-110, if applicable: Attachment A, "Cash Depositories"; Attachment B, "Bonding and Insurance"; Attachment C, "Retention and Custodial Reguirements for Records"; Attachment F, "Standards for Financial Management Systems"; Attachment H, "Monitoring and Reporting Program Performance," paragraph 2; Attachment N, "Property Management Standards"; and Attachment O, "Procurement". PRO~I~AM INC~E: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. The Subgrantee may retain program income, generated by this agreement, to be revolved in subsequent projects having the same guidelines and restrictions as those covered by this agreement. All program income and expenses shall be reported to the Grantee on a quarterly basis. The Subgrantee shall maintain full and accurate records with respect to all matters covered under this Agreement. All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of this Agreement or its amendments. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. The Subgrantee shall submit semi-annual reports (mid-term and final) to the Grantee's Office of Grants Compliance. Such reports shall consist of a narrative of accomplishments to date and a financial report of revenues, expenses and program income. No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activity, may obtain a personal or financial interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter. 11. SUSPENSI(~ AND T~INATI(~ Suspension or termination may occur if the Subgrantee materially fails to comply with any term of this award, and the award may be terminated for convenience by the Grantee or Subgrantee upon written notification to the awarding agency (HUD), setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. 12. REVERSION OF ASSET~: Upon expiration of this agreement, or amendments thereto, the Subgrantee shall transfer to the city any CDBG funds or program income on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 13. ANN~AL A~DIT AND ~ITOP~ING: The Subgrantee shall provide for an annual independent audit of all CDBG expenditures covered by the Agreement. Copies of said audit report shall be furnished to the Grantee's City Manager and Director of Finance within thirty (30) days of completion of the audit. 14. The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 3 15. AMeNDmENTS. The Grantee, from time to time, may require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the 702 Gilmer Rehabilitation project. In such event or events, such changes which are mutually agreed upon by and between the Subgrantee and grantee shall be incorporated in written amendment to this Agreement. 16. GO~INGLAW: This Agreement shall be governed by laws of Commonwealth of Virginia. the IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk W. Robert Herbert, City Manager SUBGRANTEE By By Witness Mrs. Florine Thornhill, President Northwest Neighborhood Environmental Organization 4 ATTACHMENT A U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS FOR SUBGRANTEES (CONTRACTS OVER $10,000) "Section 3" Compliance in the Provision of Training~ Emploj~nent and Business Opportunities: The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170 lu. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and urban Development set forth in 24 CFR 135, and all appli- cable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous pla- ces available to employees and applicants for employment or training. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, it successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Equal Employment Opportunity: as amended: Such contracts Opportunity regulations at 24 construction contracts. Contracts subject to Executive Order 11246~ shall be subject to HUD Equal Employment CFR Part 130 applicable to HUD-assisted The Subgrantee shall cause or require to be inserted in full in any non- exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the contrac- tor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and section for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' repre- sentatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regula- tions and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and t~e Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. -2- Ge In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regu- lations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the contractor may be declared ineli- gible for further Government contracts or Federally-assisted construc- tion contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the portion of the sentence immediately pre- ceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regula- tions or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States." The Subgrantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Subgrantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instru- mentality or subdivision of such government which does not participate in work on or under the contract. The Subgrantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Subgrantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of Septem~en 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally- assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal oppor- tunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Subgrantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Subgrantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subgrantee; and refer the cause to the Department of Justice for appropriate legal proceedings. -3- Federal Labor Standards Provisions: Except with respect to the rehabilita- tion of residential property designed for residential use for fewer than eight families, the Subgrantee and all contractors engaged under contracts in excess of Two Thousand Dollars ($2,000.00) for the construction, prosecu- tion, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided that if wage rates higher than those required under such regulations are imposed by State or local law, nothing hereunder is intended to relieve the Subgrantee of its obligation, if any, to require payment of the higher rates. The Subgrantee shall cause or require to be inserted in full in any such contracts subject to such regulations, provi- sions meeting the requirements of 29 CFR 5.5. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 {P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subgrantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex or national ori- gin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Subgrantee and the United States are beneficiaries of and entitled to enforce such covenant. The Subgrantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. Obligations of Subgrantee with Respect to Certain Third-party Relationships: The Subgrantee shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Subgrantee. Any Subgrantee which is not the Applicant shall comply with all lawful require- ments of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Subgrantee, is carried out in accordance with the Applicant's Assurances and certifica- tions, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. -4- Interest of Members) Officers or Employees of Subgrante% Members of Local Government Bod~ or Other Public Officials: No member, officer or employee of the Subgrantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Subgrantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 8. Prohibition Against Payments of Bonus or Commission: The assistance pro- vided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regu- lations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 9. "Section 109": This Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. 10. Access to Records and Site of Employment: This Agreement is subject to the requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pur- suant thereto by the Subgrantee. Information obtained in this manner shall be used only in .connection with the administration of the Order, the admi- nistration of ~he Civil Rights Act of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. -5- Office of the City Clerk July 25, 1990 File #246 Hr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30163-7239~ authorizing exe- cution of an agreement by and between the City, the Governor's Employment and Training Department, the Fifth District Employment and Training Consortium, and the Fifth District Employment and Training Consortium's Private Industry Council, which agreement relates to the respective responsibilities and liabilities of the parties thereto with regard to implementation of certain programs afforded under Title II of the Federal Jo~ Training Partnership Act. Ordinance No. 30163-72390 was adopted by the Council of the City of Roanoke a~ a regular meeting held on Monday, July 23, 1990. Sincerely, ~.~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc o pc: Mr. James D. Ritchie, Director of Human Resources Ms. Carolyn H. Barrett, Administrator, Fifth District Employment and Training Consortium, 310 Campbell Avenue, S. ~., Roanoke, Virginia 24016 Mr. Paul J. Woo, Chairman, Fifth District Employment Training Consortium Private Industry Council, P. 13367, Roanoke, Virginia 24033 and Box Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN T~IE COUNCIL OF TRE CITY OF ROANOKE, The 23rd day of July, 1990. No. 30163-72390. VIRGINIA, AN ORDINANCE authorizing the execution of an agreement by and betweep the City, the Governor's Employment and Training Depart- ment, the Fifth District Employment and Training Consortiu~, and the Fifth District EmPloyment and Training Consortiu~'s Industry Council; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City ~anager is authorized to execute an agreement dated July 1, 1990, by and between the City, the Governor's · Employment and Training Department, the Fifth District Employment and Training Consortium, and the Fifth District Employment and Training Consortium's Private Industry Council which agreement relates to the respective responsibilities and liabilities of the parties thereto with regard to the implementation of certain programs afforded under Title II of the Federal Job Training Partnership Act, such agreement to be in such form as set forth in the City Manager's report of July 23, 1990; such agreement to be approved as to form by the City Attorney prior to its execu- tion. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. ?I~ ' July 23, Roanoke, Honorable Mayor and City Council Roanoke, Virginia 1990 Virginia Members of Council: Subject: Service Delivery Area Agreement Between the Fifth District Employment and Training Consortium and the Governor's Employment and Training Department for Program Year July 1, 1990 and June 30, 1991. I. BACKGROUND City of Roanoke has been designated as the grant recipient of ~nds under the Job Training Partnership Act. By agreement of the localities in the Fifth Planning D~T~ T~'e ~T~'~'~ a~ ~ ~iscal depository ~' all Consortium funds. Fifth Plannin~ District has been designated as a service del{very area, by the Governor of Virginia. II. CURRENT SITUATION Governor's Employment and Trainin~ Department re- quires that the attached Agreement be executed by the Policy Board of the Fifth District Employment and Training Consortium, the Private Industry Council and the City, as the depository of the funds. ~.reement primarily clarifies the roles, responsi- bilities, and liability of the Policy Board, the Private Industry Council, and the grant recipient (City of Roanoke). Authority to execute appropriate documents is needed from City Council. Ill. ISSUES A. ~gal Requirements B. Liability City Council Report July 23, 1990 Page 2 IV. ALTERNATIVES City Council authorize ~2_~_~2~ger to sig2 the ~g. reement. 1. ~2~ Requirements - The Agreement meets the re- quirements ~' ~' Job Training Partnership Act. Liability - Any liability rests with the Policy Board, which is made up of representatives from the Fifth Planning District; however, the City is liable for the proper deposit of these funds. ~ Council not authorize the City Manager to sig~ the Agreement. ~2g~_~2suirements The legal requirements of Job Training Partnership Act would not be met. the Liability - Funds will probably not continue to come to this area, and liability would not be an issue. V. RECO~ENDATION City Council authorize the City Manager to sign the ~~V ~lternat~V~ A, ~'-~gra~-~-~0 ~ ~991. Respectfully submitted, W. Robert Herbert City Manager Office of the City Clerk July 25, 1990 File #77-511-20 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30165-72390 approving issuance of Amendment No. 5 to the City's contracr with Mattern and Craig, Consulting Engineers, for services performed in con- nection with the Widening and Realignment of Second Street/Gainsboro Road and Wells Avenue, said additional services shall not exceed $35,154.26, for a total contract amount not to exceed $1,573,201.40. Resolution No. 30165-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. Sincerely, City Clerk MFP:ra Enc. pc: Mattern & Craig, Consulting Engineers, 701 First Street, S. W., Roanoke, Virginia 24011 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN TRE COUNCIL OF THE CITY OF ROANOKE, The 23rd day of July, 1990. No. 30165-72390. VIRGINIA, A. RESOLUTION approving the City Manager's issuance of Amendment No. 5 to the City's contract with Mattern & Craig, Consulting Engineers, for services performed in connection with the Widening and Realignment of Second Street/Gainsboro Road and Wells Avenue. BE IT RESOLVED by the Council of follows: 1. The City Manager authorized and empowered the City of Roanoke as or the Assistant City Manager is to issue, for and on behalf of the City, upon form approved by the City Attorney, Amendment No. 5 to the City's contract with Mattern & Craig, Consulting Engineers, dated January 26, 1988, in order to provide for additional services to be performed in connection with the above-referenced projects. 2. Such Amendment shall provide for the services set forth in the City Manager's report to Council dated July 23, 1990, and the cost of those additional services shall not exceed $35,154.26, with the total contract amount not to exceed $1,573,201.40. ATTEST: City Clerk. Office of the City Clerk July 25, 1990 File #77-511-20 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am a~taching copy of Ordinance No. 30164-72390 amending and reordaining certain sections of the 1990-91 Capital Fund Appropriations, providing for the appropriation and transfer of certain funds, in connection with execution of Amendment No. 5 to t~e contract with Mattern and Craig, P.C., Consulting Engineers, to prepare archaeological and architectural resource management investigations a~d reports for the widening and realignment of Second Street/Gainsboro Road and ~ells Avenue. Ordinance No. 30164-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric. pc: Mr. ~. Robert Herbert, City Manager Hr. William F. Clark, Director of Public Works Hr. Charles M. Huffine, City Engineer Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF 'J'~ CITY OF ROANOKE, VIRGINIA The 23rd day of July, 1990. No. 30164-72390. AN ORDINANCE to amend and reordain certain sections of providing for the 1990-91 Capital Fund Appropriations, and 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPropriations Streets and Bridges ,, $ 2nd Street/Gainsboro Road/Wells Avenue (1-2) ........ Capital Improvement Reserve Public Improvement Bonds - Series 1988 (3) .......... Revenue 6,167,425 1,713,555 3,204,655 470,256 Due from State - 2nd Street (4} ..................... $ 715,974 1) Appropriation From Bonds (008-052-9547-9001) $ 1,758 2) Appropriation From State (008-052-9547-9007) 35,154 3) Streets and Bridges (008-052-9603-9181) (1,758) 4) Due from State - 2nd Street (008-1233) (35,154) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Office of the City Clerk July 25, 1990 File #77~511-20-268 Mr. W. Robert Herber~ City Manager Roanoke, Virginia Dear Mr. Herbert: At the regular meeting of the Council of the City of Roanoke held on Monday, July 23, 1990, you were requested to submit a report and recommendation to Council in conjunction with the realignment of Second Street/Gainsboro Road and Hells Avenue to provide for the burying of power and telephone lines along Jefferson Street in the vicinity of the historic sanctuary of First Baptist Church to be known as "Old First." g~X'~-/'Sincerely' /~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Roanoke, Virginia July 23, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request for authorization to execute Amendment 5 of the contract with Mattern & Craig for Archaeological/Architectural services for "Widening and Realignment of Second Street/Gainsboro Road and Wells Avenue" Projects I. Background: On April 13~ 1987 City Council requested the Virginia Department of Transportation (VDOT) to program projects for roadway widening and realignment to include: 1. Wells Avenue, N.W. from Williamson Road to First St., N.W. First Street/Gainsboro Road from Madison Avenue, N.W. to Salem Avenue, S.W. and Intersection of Orange Avenue and Gainsboro Road. Bo Redevelopment of the Henry Street Area and improved access to downtown Roanoke required that a more expeditious method be found to proceed with improvements on First Street/ Gainsboro Road and Wells Avenue. On July 27~ 1987 City Council authorized agreements with the VDOT by which the City assumes responsibility for adminis- tering all aspects of the First Street/Gainsboro Road and Wells Avenue projects. Preliminary engineering phase would be generally handled on the normal 95%-VDOT and 5%-City cost- sharing basis. On December 21~ 1987 City Council awarded an engineering ser- vices reimbursement with a cost ceiling contract to Mettern & Craig, P.C., Consulting Engineers, in an amount not to exceed $1,002~342.24 and appropriated $50~117.00 for payment of invoices from the VDOT for the City's five percent share of this contract. go Scope of Work to be performed by Mattern & Craig, P.C., Consulting Engineers, consists of the preparation of complete surveys, right-of-way and construction plans and plats, uti- lities, signs, signals, pavement markings, lighting and landscaping plans, structures, traffic data, environmental assessment, geological borings and testing, construction administration, and inspection of construction. Page 2 Downtown North Development Plan results were released at May 11, 1989 press conference, and included a recom- mendation to construct a four-lane Second Street bridge instead of a four-lane First Street bridge. The Second Street corridor provides a clearer and more well-defined west circumferential route than First Street (see attached map). The study also suggests realigning Wells Avenue such that it connects with Gilmer Avenue to provide better overall acces- sibility (Alt. 2 on attached map). Existing Gilmer Avenue continues to the west to major north-south crossings such as 5th Street and 10th Street while Wells Avenue currently ends west of First Street. G Amendments to this agreement are summarized on Attachment A. Total costs invoiced by Mattern & Craig, P.C., for this project through May 3, 1990 include $664~411.89 for Second Street/Gainsboro Road and $42~711.24 for Wells Avenue. Tasks accomplished include aerial photography, base mapping, sur- veying, traffic data, collection and analysis, roadway design and intersection plan design for Gainsboro Road at Orange Avenue. The City's five percent share of these costs is $35~356.16. II. Current Situation: Archaeological and Architectural Resource Management Investi- ~ations and Reports in accordance with federal guidelines are now a necessary part of this project. When this project was initiated, these guidelines did not have to be met with re- spect to environmental reviews. Subsequent to that time, the State has started following federal guidelines on all of its projects, including this project. Amendment Number 5 is needed to address the federal guide- lines for environmental review. Engineering services will require Archaeological and Architectural Resource Management Investigations and Reports. Page 3 III. Issues: A. Reasonableness of fee B. Fundin~ C. Schedule IV. Alternatives are: Authorize Amendment Number 5 of the engineering contract with Mattern & Craig, P.C., Consulting Engineers to prepare Archaeological and Architectural Resource Management Investi- gations and Reports for "Widening and Realignment of Second Street/Gainsboro Road and Wells Avenue" to provide an increase of $35~154.26 for a total not to exceed $1~573~201.40. Reasonableness of fee has been established through "cost ceiling". Mattern & Craig, P.C., Consulting Engineers, has reset a total cost ceiling iu their amendment propo- sal of $1~573~201.40. The additional $35~154.26 (see attachment B - fee proposal) includes necessary archaeological and architectural investigations and reports. Fundin8 for the City's share has been previously appro- priated from the Streets and Bridges category of the 1988 Bond Series in account number 008-052-9547-9001. City share is $1~757.71 (which is 5% of the $35~154.26). The billing procedures between Mattern & Craig, P.C., Consulting Engineers, VDOT, and the City require that $36~911.97 be appropriated to this account and that the receivable account be increased by $35~154.26. o Schedule for Mattern & Craig, P.C., Consulting Engineers, to proceed with work on this item would take effect immediately. Do not authorize the amendment for the archaeological/archi- tectural services with Mattern & Craig, P.C., Consulting Engineers. 1. Reasonableness of fee is not an issue. Existing contract fee remains in effect. Fundin~ for existing contract has previously been appropriated. Schedule for existing contract would continue toward a completion date of January 1, 1992. Page 4 Recommendation is that City Council: (1) authorize Amendment Number 5 of the engineering services contract with Mattern & Craig, P.C., Consulting Engineers to prepare Archaeological and Architectural Resource Management Investigations and Reports for "Widening and Realignment of Second Street/Gainsboro Road and Wells Avenue" to provide an increase of ~35~154.26 for a total amount not to exceed $1~573~201.40, and (2) appropriate $36,911.97 to account number 008-052-9547-9007, $1~757.71 of which is to be transferred from the Streets and Bridges category of 1988 bonds and $35~154.26 to be reimbursed by the Virginia Department of Transportation. Respectfully submitted, W. Robert Herbert City Manager WRH/RKB/mm Attachment cc: Director of Finance City Attorney Director of Public Works City Engineer ORANGE AVENUE RTE, 460 MADISON AVENUE ET., GAINgBORO RD AVENUE GILMER LEGEND CHURCH ~ SCHOOL LIBRARY 0 PARK AVENUE FUTURE WELLS AVENUE CONNECTION NORFOLK WESTERN THE PROPOSED PROJECT Figure I ATTACHMENT~ FEE PROPOSAL MATTERN & CRAIG Widening and Realignment of Second Street/Gainsboro Road and Wells Avenue Project U000-128-116, PE-101, RW-201, C-501, B-610 Project U000-128-117, PE-101, RW-201, C-501 COST PLUS FIXED FEE CONTRACT (Computation'of Fee) A. DIRECT LABOR, ESTIMATED $ 2,712.64 B. ESCALATION 2,712.64 x 0.0425 $ 115.2g C. TOTAL DIRECT LABOR (A + B) $ 2,827.93 D. PAYROLL BURDEN & GENERAL ADMINISTRATIVE OVERHEAD 2,827.93 x 1.46 ' $ 4,128.78 E. FEE BASE (C + D) - $ 6,956.71 F. NET FEE (0.1250) (E) $ 869.59 G. NONSALARY DIRECT COSTS, ESTIMATED - $ 500.00 H. *SUBCONSULTANT FEES = $ 26,455.12 I. TOTAL ESTIMATED COSTS (E + F + G + H) = $ 34,781.42 J. CONTINGENCY (E + G) 7,456.71X 0..05 ~ $ 372.84 K. LIMITING FEE (MAXIMUM TOTAL COMPENSATION) (I + J) = $ 35,154.26 *Includes $15,673.00 subconsultant fee for Whitwell (Architectural Historians) *Includes $10,782.12 subconsultant fee for Michael (Archaeologist) & Winborne, Ltd. B. Barber Office of the City Clerk July 25, 1990 File #468B-27 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30166-72390 approving issuance of Change Order No. 2 to the City's contract with Branch and Associates, Inc., for replacement of blower engine No. ? with a diesel fuel blower engine at the Water Pollution Control Plant, in the amount of $11,400.00 credit to the contract. Ordinance No. 30166-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. Sincerely. ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Branch & Associates, Inc., 3902 Franklin Road, S. Roanoke, Virginia 24014 Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Roorc 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30166-72390. AN ORDINANCE approving the City Manager's issuance of Change Order. No. 2 to the City's contract with Branch & Associates, Inc., for replacement of blower engine No. 7 with a diesel fuel blower engine at the Water Pollution Control Plant; and providing for an emergency, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with Branch & Associates, Inc., dated August 14, 1989, related to replacement of blower engine No. 7 with a diesel fuel blower engine at the Water Pollution Control Plant. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT CONTRACT AMOUNT WITH PREVIOUS CHANGE ORDER CHANGE ORDER NO. 2 Contract Item: Removal of 20,000 gallon steel fuel tank Additional excavation, added ballast and larger tank slab TOTAL AMOUNT OF CHANGE ORDER NO. CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. $ 828,800.00 $ 830,300.00 - $ 18,000.00 6,600.00 11,400.00 818,900.00 Additional calendar days resulting from Change Order No. 2 None. 3, In municipal government~ ordinance shall be in order to provide for the usual daily operat£on of the an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. ROanoke, Virginia July 23, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Change Order No. 2 Roanoke Diesel Engine No. 7 Blower Drive Unit with a Single Fuel Diesel Motor Replacement Water Pollution Control Plant Roanoke, Virginia I. Back~round: mo City Council at its August 14, 1989 meeting, awarded a contract to Branch & Associates, Inc. in the amount of $828~800.00 and 365 consecutive calendar days to replace Blower Engine No. 7 with a diesel fueled blower engine. Bo Chan~e Order No. 1 was an Administrative change order to change the variable speed controls on the engine for an addi- tional sum of $1~500.00. The total contract sum was then $830,300.00. C. The followin8 changes and their related charges (or credits) are recommended by the Administration. The existin8 20~000 ~allon steel fuel tank was specified to be removed, reworked to comply with current appli- cable state and federal regulations. The tank was located near the plant underground electric service and also very near the transformer pad. The contractor recommended that the City remove and dispose of the old tank and he would install a new reinforced fiberglas tank that met today's standards for a credit to the City contract of $18~000.00. New tank location was closer to the plant and further from the river. The river water came up in the hole being dug for the tank causing the banks of the hole to slough off and increase the size of the hole. In addi- tion a small (300 gallon) fuel tank was found and removed. This caused additional excavation, added ballast to replace the unsuitable material and a larger cover slab above the tank. This additional work would be $6~600.00. 3. Total contract chan$e - deduct $11~400.00. Page 2 II. Current situation is that contractor needs to proceed with the completion of the contract. III. Issues A. Engineering concerns B. Funding C. Time IV. Alternatives are: A. Authorize the City Manager to execute Change Order No. 2 with Branch & Associates, Inc. for a net credit to the City of Roanoke of $11~600.00 and no change in the finish time of the contract. 1. Engineering concerns would be met in the City having a new fuel storage tank meeting the current standards. 2. Funding for the project would be decreased since the change generates a decrease in the project funding. 3. Time extension is not requested. B. Reject Change Order No. 2 and do not execute at this time. 1. Engineering concerns would not be met at this time. 2. Funding would be the same as before. 3. Time would remain the same. V. Recommendation is that City Council take the following action: A. Concur with Alternative "A". B. Authorize the City Manager to execute Change Order No. 2 in the amount of ~11~400.00 credit to the contract and no addi- tional days with Branch & Associates, Inc. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/mm Page 3 cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Construction Cost Technician Office of the City Clerk July 25, 1990 File #27-207 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30168-72390 authorizing execution of a contract with Mattern & Craig, P.C., to provide certain engineering services, specifically the design, plans, specifications, and related construction documents, for storm- water management facilities for Statesman Industrial Park, in an amount not to exceed $310,000.00 without further authorization by Council. Resolution No. 30168-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pC: Mattern & Craig, P.C., Consulting Engineers, 701 Street, S. W., Roanoke, Virginia 24011 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Barry L. Key, ~anager, Office of Management and Budget First Room 456 Municipal Building 2'15 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF TRE CITY OF ROANOKE, The 23rd day of July, 1990. No. 30168-72390. VIRGINIA, A RESOLUTION authorizing the execution of a contract with Mattern & Craig, P.C. to provide certain enEineering services, specifically the design, plans, specifications, and related construction documents, for stormwater management facilities for Statesman Industrial Park. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Mattern & Craig, P.C. for the provision by such firm of engineering services for stormwater management facilities for Statesman Industrial Park, as more particularly set forth in the July 23, 1990, report of the City Manager to this Council. 2. The contract amount authorized by this resolution shall not exceed $310,000.00 without further Council authorization. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk. Office of the City Clerk July 25, 1990 File #60-27-207 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30167-72390 amending and reordaining certain sections of the 1990-91 Capital Fund Appropriations, providing for the transfer of $164,000.00 and $146,000.00, respectively, in connection with award of a coBtract to Mattern & Craig, Consulting Engineers, for engineering ser- vices to design and prepare plans, specifications and related construction documents for stormwater management facilities for Statesman Industrial Park. Ordinance No. 30167-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. Sincerely, ~ .~4ary F. Parker, CMC/AAE City Clerk ~FP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public ~orks Mr. Charles M. guffine, Cit.y Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Chumh Avenue, S.W. Roanoke, VircjInla 24011 (703) 981-2541 the IN TH~ COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of July, 1990. No. 30167-72390. AN ORDINANCE to amend and reordain certain sections of 1990-91 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriatio~s Sanitation $ Statesman Industrial Park Storm ' Drainage Improvement (1-2) ......................... capital Improvement Reserve Public Improvement Bonds - Series 1990 (3) ......... Capital Improvement Reserve - Storm Drains (4) ..... 8,823,448 310,000 2,896,413 (1,102,677) 602,245 1) Appropriation From Bonds 2) Appropriation General Revenue 3) Storm Drains 4) Storm Drains (008-052-9656-9001) $ 164,000 (008-052-9656-9003) (008-052-9700-9176) (008-052-9575-9176) 146,000 (164,000} (146,000) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia July 23, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Stormwater M~nagement Design for Statesman Industrial Park & Route 460 I. Back,round: Ao Public Notice of Request for Proposal for Engineering Ser- vices to Design and Prepare Plans, Specifications and Related Construction Documents for Stormwater Management Facilities for Statesman Industrial Park was placed in the local newspaper on Sunday, May 6, 1990. B. Nine <9) en~ineerin8 firms responded to the request for ser- vices. They were as follows: 1. Brightwaters Engineering 2. Hayes, Seay, Mattern & Mattern, Inc. 3. Lumsden Associates, P.C. 4. Mattern & Craig, P.C. 5. Smith, Demer, Normann 6. Clean Water Engineers, Inc. 7. Hurt & Proffitt, Inc. 8. Olver Incorporated 9. Anderson & Associates Followin8 interviews and dsicussions with the review selec- tion committee, consisting of Charles M. Huffine, P.E., City Engineer; Earl Sturgill, Project Manager; and Jan Bruce, Engineering Technical Supervisor, the firm of Mattern & Craig, P.C. was selected as the best qualified to perform the project design and provide construction documents that would be in the best interests of the City of Roanoke. D. Brief description of services to be provided by the con- sultant engineer is as follows: 1. Analyze the proposed site and establish design objec- tives to accommodate the project requirements. 2o Develop complete plans, specifications and construction documents for construction advertisement and bidding purposes. Page 2 II. 3o Provide necessary soils and geotechnical investigations for the design of one (1) detention basin for stormwater management purposes. Provide continual inspection, quality control, and engi- neering assistance during the various phases of construction of the project. Current Situation: A. Mattern & Crai~ P.C. submitted their proposal and agreement in accordance with the scope of work described above and is more specifically described in their official agreement attached to this report. Mattern & Crai~ P.C. agreed to provide the necessary engi- neering services as described in the attached agreement for the amount not to exceed $310~000.00. This amount is con- sidered reasonable and is therefore acceptable. III. Issues in order of importance: A. qualification of firm B. Amount of engineering fee to perform the work C. Availability of funds IV. Alternatives: mo Award an engineering services contract to Mattern & Craig, P.C. in accordance with the attached agreement, subject to approval by the City Attorney, in the amount not to exceed $310,000.00. qualification of firm was established during the inter- view process. Additionally, Mattern & Craig, P.C. has performed other studies within the site area which is related to the scope of this project. Amount of engineering fee is reasonable when compared to the City's requirement for services and the time, per- sonnel and equipment required to perform the work. Funds were provided in Public Improvement Bonds - Series 1990, Account Number 008-052-9700, and Capital Improvement Reserve - Storm Drains, Account Number 008-052-9575-9176. Page 3 WRH/ES/mm CC: B. Do not award an engineering services contract to Mattern & Craig, P.C. in accordance with the attached agreement. Qualification of firm would not be an issue at this time but would have to be re-established at a later date if the project is pursued. 2. Amount of engineering fee would not be an issue at this time but would probably be higher at a later date. 3. Funds would not be expended at this time. VI. Recommendation: Authorize the implementation of Alternative "A" and authorize the City Manager to execute an engineering services contract with Mattern & Craig, P.C., Consulting Engineers, of Roanoke, Virginia, in the amount of $310,000.00 in a form acceptable to the City Attorney. Authorize the Director of Finance to transfer $164~000.00 from the Public Improvement Bonds - Series 1990, Account Number 008-052-9700, and $146~000.00 from the Capital Improvement Reserve - Storm Drains, Account Number 008-052-9575-9176, to a new account number entitled "Statesman Industrial Park Storm Drainage Improvements" to be established by the Director of Finance. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Work City Engineer Construction Cost Technician CITY OF ROANOKE, VIRGINIA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, made at Roanoke, Virginia this 1st day of July, in the year 1990, by and between the City of Roanoke, Virginia, (hereinafter referred to as the "Owner"), and Mattern & Craig, Inc. (hereinafter referred to as the "Consultant"). WITNESSETH: WHEREAS, the Owner intends to sponsor the accomplishment of various storm drainage improvements at Statesman Industrial Park and adjacent areas in accordance with "Drainage Study - Statesman Industrial Park and Orange Avenue east of Tinker Creek", attached, and hereinafter called the "Project", and other additional services defined herein. WHEREAS, the Owner intends to contract for consulting engineering services for aerial mapping, topographic surveys, plats, the design of the construction and observation of the construction work, for that work designated as Phase I in the aforementioned "Drainage Study" and WHEREAS, the Consultant agrees to furnish executed "Certification of Consultant" and certain professional architectural and engineering services enumerated hereinafter, in connection with the Project. NOW THEREFORE, for and in consideration of the benefits which will accrue to the parties hereto by virtue of the Agreement and the respective covenants herein contained, IT IS MUTUALLY COVENANTED AND AGREED AS FOLLOW: I. CONSULTANT SERVICES FOR PHASE I - PRELIMINARY Consultant shall provide the following professional services in connection with the preparation of a development plan for the rapid and orderly development of the Project, in general accordance with the Interview Outline (Phase II Submittal) dated June 15, 1990, and as hereinafter modified. Analyze the proposed site, establish design objectives and develop a project criteria and program to serve the Project requirements as identified by the Owner. Consistent with the Owner's intent to proceed as rapidly as possible with construction, the Consultant will emphasize, in preparation of the development plan, the early identification of priorities in the project. 3 o 5o 13. 10. 11. 12. Attend and/or conduct public meetings as the Owner may request or approve, and meet with various tenants of Statesman Industrial Park to obtain their knowledge of drainage problems. Study an alternate of locating retention basin along King Street, using pressure conduit, using existing mapping and report data for 2 year, 10 year and 25 year storm in Statesman. Provide letter report on feasibility to Owner. Providing the necessary surveys and other field investigations for mapping, for design, for utilities, mapping annotation, and for easements, right-of-way, and property plats. Preparation of preliminary schematic layouts, sketches, outline specifications and reports, where applicable, and the engineer's specific recommendations. Review layouts in field with City staff. Preparation of preliminary opinion of probable Project Costs for the Project. Provide necessary soils and geotechnical investigations for the design of one (1) retention basin. The work does not include auger testing along storm drain alignments for rock excavation estimates. Provide this Project's mapping to a 1"=30' scale, in Autocad format on discs. The mapping shall be on a coordinate system designated by the Owner. Recommend location of one (1) retention basin, size the basin, and provide one (1) subdivision plat and one (1) property plat and description of retention basin site and the required easements relating to the retention basin. Re-analyze the effect of the Project on the Orange Avenue Storm Drain using the Storm Water Management Model, confirming the size of the Phase II pipe recommended in the "Drainage Study". Coordinate the Project with the Owner's project in RCIT, including sizing of the future retention basin element from Statesman Industrial Park (i.e. the runoff hydrograph). Provide up to two (2) Global Position Systems (GPS) points within the mapping area at a first order quality for use with future City mapping system. Overall criteria for control shall be provided by the Owner. II. CONSULTANT SERVICES FOR PHASE II - DESIGN The Consultant agrees to furnish and perform the various professional engineering services required for the design of the Project as follows: ae Attend as needed, detailed conferences with the Owner's representatives and other agencies involved in the development of the Project. Plan for and assist the Owner in procuring the necessary field information for design. Co Prepare engineering data, where necessary, for regulatory permit applications required by Local, State or Federal authorities. Prepare plans and specifications, contract documents, and detailed estimates. The drainage facilities shall be designed in accordance with the recommendations contained in the "Drainage Study - Statesman Industrial Park and Orange Avenue east of Tinker Creek", as prepared by Mattern & Craig and adopted by the Owner. The work shall include that labeled as Phase I, Alternative A, and shall include the ten year design for the whole project and two year storm design documents along Nicholas Avenue. The plans shall be organized in one set of documents, and shall be split into as many as three (3) construction contracts (the detention basin, the Nicholas Avenue work, and the remainder of the Project). Prepare final revised opinions of probable Project Costs, for each of the contracts, and adjust project work to suit the budget. E. Prepare all easement plats required for the Project. Furnish Owner at up to 5 copies of drawings, specifications, and other contract drawings for final review by Owner and approving authorities. Ge Render clarification of the construction plans and special provisions, when and if such clarification is deemed necessary. Furnish the Owner up 5 copies of approved drawings, specifications and other contract documents for use by the Owner's staff during construction. Prepare advertisements for the Project for use by the Owner. Conduct prebid conference for each of three (3) Construction Contracts. Assist the Owner in securing bids, tabulations and analysis of bid results, and furnish recommendations on the award of construction contract. Assist in the preparation of formal contract documents for the award of contracts. III. CONSULTANT SERVICES FOR PHASE III - CONSTRUCTION Upon Owner's written direction to Consultant to proceed with Phase III, the Consultant agrees to furnish and perform the various professional services required for the construction of the Project as follows: A. office Engineering Consult and advise the Owner during construction. Conduct the preconstruction meeting(s). Prepare elementary sketches and supplementary sketches required to resolve problems arising from actual field conditions encountered. Prepare documents for Change Orders. Check detailed construction, shop,a nd erection drawings submitted by contractors for compliance with design concept. Review and approve requests for monthly and final payment to contractors, based on weekly overview visits. Prepare "record" drawings and verify final quantities based on information provided by the resident inspector and the Contractor. Furnish Owner one set of mylar reproducible drawings. Provide Owner one set of drawings (without engineering seal) on computer discs in Autocad format, compatible with Owner's Autocad system. B. Field Consultation Conduct at least four field overviews per month on each Construction Contract during the construction of the Project (seven days between such inspections) to confirm reasonable compliance with the approved plans and specifications. Render a semi-final inspection report including a punch list of uncompleted items on the project work to the Owner, and a. final report or reports that shall certify to the Owner, that the work involved 4 has been completed in substantial accordance with the plans, specifications and Contract Document, as the same shall have been modified, or supplemented by change order, supplementary contract, or otherwise and that such work is acceptable or shall indicate in what respect the work is deficient and what steps need to be taken to render the work acceptable. Provide geotechnical testing services during construction of the one (1) retention basin, including soil compaction, density testing, moisture testing, and summary reports to verify the work is being done in accordance with the plans and specifications. Observe the work and advise t~e Owner of deficiencies in order to p~t~the Owner against defects and deficiencies ~n-~--t~h~art of the work of the Contractor. Consultant, however, is not a guarantor of the Contractor's work, or safety in, on or about the job site. owner recognizes that Consultant is not in control of the safety or adequacy of any equipment, building component, scaffolding, forms or other work aids; nor is Consultant responsible for superintending the work. C. Special Services Provide assistance, as required and requested, to the Owner, as an expert witness in litigation arising from the development or construction associated with the Project. The Consultant will provide other engineering services as requested or required by the Owner, such as Phase II work as defined in the "Drainage Study - Statesman Industrial Park and Orange Avenue east of Tinker Creek". Such work will be performed by the Consultant only upon written authorization by the Owner, and upon negotiation of schedule and payment. IV. SCHEDULE FOR DELIVERY OF WORK BY CONSULTANT The Consultant shall accomplish the work with due diligence and complete work as follows: The Phase I Preliminary Work shall be completed within 120 calendar days after written Notice to Proceed. 5 B. The Phase II - Design Work shall be completed within 90 days after written Notice to Proceed. PAYMENT FOR CONSULTING SERVICES The Owner agrees to pay the Consultant as compensation for rendering the professional services above described as follows: The Owner will pay the Consultant for the services performed under Sections I, II and III, an amount not to exceed Three Hundred and Ten Thousand Dollars ($310,000), on the basis of direct personnel expenses plus reimbursable expenses computed as follows: (1) Employees' time at a multiple of 2.25 times Direct Personnel Expense, plus, (2) Reimbursable Expenses. Direct Personnel Expense is defined as the salaries of professional, technical, and clerical employees engaged on the Project by the Consultant and the cost of mandatory and customary fringe benefits such as statutory employee benefits, insurance, sick leave, holidays. The cost of mandatory and customary fringe benefits shall be computed at 30.0 percent of salaries. Current hourly rates of employees are attached as Exhibit A. C. Reimbursable Expenses are: (1) Expenses of transportation and living expenses for required out of town travel in connection with the Project. (2) Fees paid by the of authorities Project. Consultant for securing approval having jurisdiction over the (3) Costs to the Consultant for aerial topography or photogrammetric mapping of the Project as are approved by the Owner prior to obtaining service. (4) Costs to the Consultant for outside consulting geotechnical and laboratory .testing services for this project as are approved by the Owner prior to obtaining the services. (5) Costs to the Consultant for outside consulting services for this Project as are approved by the Owner prior to obtaining the services. (6) Other costs to the Consultant for this Project as are approved by the Owner prior to obtaining the services. 6 (7) All approved reimbursable expenses (1) through (6) shall be billed to the Owner at the direct cost to the Consultant multiplied by 1.1. (8) Consultant's Computer Aided Drafting and Design (CADD) and PC/AT equipment use shall be billed to the Owner at the hourly rates set forth in Exhibit A to this Agreement. Do The maximum fee set forth in this Agreement shall not be exceeded without further authorization of City Council. Exhibit B to this Agreement estimates the fee for each phase of the work. The Owner shall pay the Consultant monthly upon receipt of a statement from the Consultant of work performed during the prior month for direct personnel expenses and reimbursable expenses. VI. SPECIAL CONDITIONS It is further agreed by the Parties hereto that one reproducible copy each of the drawings, tracings, construction plans, specifications and maps prepared or obtained under the terms of the contract shall be delivered to and become the property of the Owner and basic survey notes and sketches, charts, computations and other data shall be made available upon request by the Owner without restriction or limitation on their use. Consultant shall deliver to Owner at Owner's request, drawings in Autocad format, at no additional cost to the Owner. It is further agreed by the Parties hereto that the Consultant shall proceed to furnish engineering services on any phase of the Project under the terms provided in this Agreement, only after the Notice to Proceed has been given in writing by the Owner. Each party binds itself, its principals, successors, executors, administrators and assigns to perform all covenants of this Agreement. Except as above noted, neither the Owner nor the Consultant shall assign, or transfer his interest in this Agreement without the written consent of the other Party hereto. This agreement expires upon final approval and acceptance of the completed Project by Owner and any participating agencies. The Consultant agrees to conduct the services in compliance with all the requirements imposed by or 7 pursuant to Title VI of the Civil Rights Act of 1964, Part 21 of the Regulations of the Secretary of Transportation and Executive Order No. 11246, "Equal Employment Opportunity" as supplemental in Department of Labor Regulations (49 CFR, Part 60); and agrees to comply with applicable standards, orders or regulations issued pursuant of the Clean Air Act of 1970; and will maintain an Affirmative Action Program. Owner advises Consultant that failure of Consultant to carry out the requirements set forth in 45 Federal Register 21186, Section 23.43(a) (1980) dealing with minority business enterprise shall constitute a breach of contract and after the notification of the Department of Transportation, may result in termination of this agreement or such remedy as Owner deems appropriate. Owner requires Consultant to comply with any and all applicable and lawful Federal regulations, as they may be from time to time amended. H. The Consultant agrees that the Owner, and any approving Federal or State Agency or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Consultant which are directly pertinent to any specific grant program with respect to this Project for the purpose of making audit, examinations, excerpts and transcriptions. I. The Consultant stipulates that it currently has in force Professional Liability Insurance and that it will keep such insurance in force for the term of this Agreement. VII. SPECIAL PROVISIONS Bo If any of the services outlined in Section I, II or III are furnished by the Consultant by obtaining such services outside the Consultant's organization, the Consultant shall provide an executed contract between the person(s) or firm and the Consultant shall outline the services to be performed and the charges for the same. Two copies of the executed contract shall be submitted to the Owner for approval prior to the services being performed. Approvals shall not be unreasonably withheld. The Consultant shall comply with the provisions of City Code 23.1-20, a copy of which is attached. The Owner shall make available to the Consultant all technical data that is in the Owner's possession, including maps, surveys, property descriptions, borings, and other information required by the Consultant and relating to his work. The Owner shall designate in 8 Em writing to the Consultant the name of the Owner's project manager for the Project. The Owner shall pay for publishing costs for advertisements for notices, public hearings, requests for bids, and other similar items; shall pay for all permits and licenses that may be required by Local, State or Federal authorities; and shall secure the necessary land, easements, right-of-way required for the Project. The Owner and Consultant, by seven days written notice, may terminate this agreement in whole or in part at any time, because of the failure of the other party to fulfill its' agreement obligations. Upon receipt of such notice, the Consultant shall: (1) Immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Owner all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have accumulated by the Consultant in performing this agreement whether completed or in process. If the termination is due to the failure of the Consultant to fulfill his agreement obligations, the Owner may take over the work and prosecute the same to completion by agreement or otherwise. In such case, the Consultant shall be liable to the Owner for any damages allowed by law, and upon demand of Owner shall promptly pay the same to Owner. Should the agreement be terminated, the Consultant shall be entitled to and shall receive a fee based on cost plus a fixed fee to the day of notification, provided such fee be approved by any applicable Federal or State approving agency. For services completed the Consultant shall receive payment for his costs plus a percentage of the fixed payment as described in Section V. The percentage shall represent the amount of work completed to date compared to the estimated amount of work to complete the total project. The rights and remedies of the Owner provided in this Section are in addition to any other rights and remedies provided by law or under this agreement. If the construction plan~ are completed in accordance with criteria and/or decisions made by the Owner and the said construction plans are substantially changed or revised, for any reason other than the fault of the Consultant in preparing same, then the Consultant shall be entitled to compensation for rendering the services necessary to complete the changes. The amount of this fee shall be negotiated between the parties, with the concurrence of any applicable Federal or State approving agency, prior to authorizing the Consultant to proceed with the changes. The fee for the changes shall be due and payable when the revisions are approved by the Owner. The Consultant shall provide an allowance in each construction contract for the Contractor to employ the Consultant to provide construction stakeout engineering survey services for the purpose of laying out the work for the Owner. The Consultant shall bill the Contractor for those services. (The Contractor will pay the Consultant for those services from payments received from the Owner for the construction.) IN WITNESS WHEREOF, the parties hereto have affixed their hand and seals. Vice ~r~siden~ ' ~ ATTEST: S~cretary CITY OF ROANOKE, ATTEST: By City Manager City Clerk Approved as to form: City Attorney 10 Appropriation and Funds Required for this Contract Certified Director of Finance Date: Account #: 11 CERTIFICATION OF CONSULTANT I hereby certify that I am the Vice President and duly authorized representative of the firm of Mattern & Craig, Inc. whose address is 701 First Street, S.W., Roanoke, Virginia, 24016, and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, percentage, brokerage contingent fee, or other consideration, any firm or person. (other than a bonafide employee working solely for me or the above consultant) to solicit or secure this contract; (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract; or, (c) paid or agreed to pay any firm, organization, or per (other than a bonafide employees working solely for me or the above consultant) any fee, contribution, donation, procuring or carrying out the contract, except as here expressly stated (if any); NONE I acknowledge that this certificate is furnished to the City of Roanoke in connection with this contract and is subject to applicable state and federal laws, both criminal and civil. Date ~ 12 ROANOKE CODE Sec. 23.1-20. Employment discrimination by contractor prohibited. Every contract of over ten thousand dollars ($10,000.00) to which the City is a party shall contain the provisions in subparagraphs (a) and (b) herein: (a) During the performance of this contract, the contractor agrees as follows: (~) The contractor will not discriminate against any subcontract, employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bonafide occupational qualification reasonable necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (2) The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal employment opportunity employer. (3) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. (b) The contractor will include the provisions of the foregoing subparagraph (a) (1), (2) and (3), in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. (Ord. No. 26298, & 1, 12-6-82) Sec. 23.1-21. Debarment. Prospective contractors may be debarred from contracting for particular types of supplies, services, insurance or construction for specified periods of time. Any debarment procedure, which may provide for debarment on the basis of a contractor's unsatisfactory performance of the City or for violation of federal or state laws relating to antitrust or federal or state law or local ordinance. 13 EXHIBIT A HOURLY EQUIVALENT DIRECT PERSONNEL EXPENSES APRIL 1, 1990 Principal Consultant $ 35.89 Surveyors $ 30.32 28.30 27.68 27.24 26.75 25.74 17.75 16.00 15.70 15.60 15.09 23.28 16.25 15.51 11.95 10.24 9.46 9.10 8.19 7.51 6.83 6.50 5.85 Inspector Landscape Architect Marketing Manager Design Technician Technician 16.07 14.68 13.00 11.70 9.75 14.81 13.~52 20.01 18.20 17.62 16.41 16.25 16.21 15.26 15.00 19.50 11.70 11.13 11.09 10.56 9.37 8.45 8.19 7.97 Clerical CADD PC/AT 16.56 11.48 9.74 9.37 9.11 8.53 8.13 6.83 6.18 42.49 10.00 14 EXHIBIT B To the Agreement between Owner and Consultant for Professional Services dated July 1, 1990. Further description of payments to the Consultant. This is an estimated breakdown of the fees for the three phases of work outlined in the Agreement. Fees paid for any phase of the work may be less than or more than the estimated amounts below, but the total fee shall not exceed $310,000.00 without prior approval of the Owner. Estimated Fee Phase I - Preliminary $ 141,200 II. Phase II Design 116,150 III A & B. Phase III - Construction 52,650 III C. Special Services Total Fee (Not to Exceed) $ 310,000 15 Office of the City Clerk July 25, 1990 File #236-304 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30170-72390 authorizing acceptance of a Delinquency Prevention and Youth Development Act Grant made to the City of Roanoke by the Commonwealth of Virginia Department of Corrections and authorizing the acceptance, execu- tion and filing of the "Special Conditions" with the Department of Corrections for said grant for the purpose of continuing coor- dinated planning and youth services program implementation by the City's Office on Youth until June 30, 1991. Resolution No. 30170-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc o pc: Mr Mr Mr Mr Ms Mr Mr Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources William F. Clark, Director of Public Works John R. Marlles, Chief of Community Planning Marion V. Crenshaw, Youth Planner James D. Ritchie, Director of Human Resources Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF HOANOKE~ VIRGINIA, The 23rd day of July, 1990. No. 30170-72390. A RESOLUTION authorizing the acceptance of a Delinquency Prevention and Youth Development Act Grant made to the City of Roanoke by the Commonwealth of Virginia Department of Corrections and authorizing the acceptance, execution and filing of the "Special Conditions" with the Department of Corrections for this grant for the purpose of continuing coordinated planning and youth services program implementation by the City's Office on Youth until June 30, 1991. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Corrections of a Delin- quency Prevention and Youth Development Act Grant for the purpose of continuing coordinated planning and youth services program implementation by the City's Office on Youth until June 30, 1991, in an amount and subject to such terms as are described in the report to Council from the City Manager dated July 23, 1990. 2. The City Manager, W. Robert Herbert, or the Assistant City Manager, Earl B. Reynolds, Jr., is hereby authorized to accept, execute and file on behalf of the City of Roanoke the "Special Conditions" with the Department of Cor~ections for the aforementioned grant. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Corrections in connection with the City's acceptance of the aforementioned grant or with such project. ATTEST: City Clerk. Office of the City Clerk July 25, 1990 File #60-236-304 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No, 30169-72390 amending and reordaining certain sections of the 1990-91 General and Grant Funds Appropriations, providing for the appropriation and transfer of $50,832.00 and $10,008.00, respectively, in connec- tion kith renewal of t~e grant application for the Office on Youth until June 30, 1991. Ordiaance No. 30169-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. ~. Robert Herbert, City Manager Mr. James D. Ritchie, Director of Human Resource Mr. William F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Community Planning Ms..Marion V. Crenshaw, Youth Planner Mr. James D. Ritc~ie, Director of Human Resources Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Muoicipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 23rd day of July, 1990. No. 30169-72390. AN ORDINANCE to amend and reordain certain sections the 1990-91 General and Grant Funds Appropriations, for an emergency. WHEREAS, for the usual daily operation of Government of the City of Roanoke, an emergency is declared exist. of and providing the Municipal to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund ADDroDriations Nondepartmental Transfers to Other Funds (1) ........................ Community Development Community Planning (2) .............................. Grant Fund ADDroDriations Health and Welfare Youth Services Grant 90-I-15 Revenue Health and Welfare Youth Services Grant 90-I-15 (3-14} ................. (15-16) ................ $12,227,536 10,294,378 1,207,653 353,744 407,760 50,832 $ 407,760 50,832 1) Transfer to Grant Fund 2) Local Match 3) Regular Empl. Salaries 4) ICMA Retirement 5) FICA 6) Life Insurance 7) Hospitalization Insurance 8) Dental Insurance 9) Salary Supplement 10) Training and Development 11) Administrative Supplies 12) Telephone 13) Management Services 14) 15) 16) (001-004-9310-9535) (001-052-8110-9536) (035-052-8828-1002) (035-052-8828-1115) (035-052-8828-1120) (035-052-8828-1130) (035-052-8828-1125) (035-052-8828-1126) (035-052-8828-1050) (035-052-8828-2044) (035-052-8828-2030) (035-052-8828-2020) (035-052-8828-7015) Special Projects (035-052-8828-2034) State Grant Revenue (035-035-1234-7042) Local Match (035-035-1234-7043) $ 10,008 (10,008) 33,343 2,988 2,767 341 1,452 84 900 500 1,025 1,500 1,000 4,932 40,824 10,008 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, July 23, Virginia 1990 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Continuation of Office on Youth Grant No. 90-I-15 Background: ae Grant first officially awarded to City under Virginia Delinquency Prevention and Youth Act, June 17, 1980. FY 90-91 youth 9rant application was submitted to Department of Corrections on May 12, 1990. Grant will provide for continuation of coordinated planning and program implementation of the Office on Youth. D. FY 90-91 9rant budget is as follows: Budget Categor¥ State Funds Local Match Cash In-kind Total Personnel Consultants Travel Equipment Supplies/ Operating Exp. $40,823.62 $ 151.00 $ -0- $40,974.62 -0- -0- -0- -0- -0- 1,400.00 -0- 1,400.00 -0- -0- -0- -0- -0- 8,456.88 3,600.00 12,056.88 $40,823.62 $10,007.88 $3,600.00 $54,431.50 Local cash match was included in the FY 90-91 Community Planning budget ($10,007.88 in account no. 001 052 8110 9536) and was based upon previous year's grant. In-kind match of $3,600 is available through the use of office space rental in the Community Planning office. G. Local match, cash and/or in-kind, must equal 25% of total budget request. II. Current Situation: III. IV. Grant application has been approved by the state (attachment A). State funding is in the amount of $40,823.62 or 75% of total funding request. Council acceptance of the state grant award and appropriation of local cash match is required before the appropriate City officials can execute the required documents to receive the state funds. Issues: A. Cost. B. Continuity. C. Staff. D. Impact on future City budgets. Alternative: Authorize the City Manager or his designee to execute the appropriate documents to accept the state grant. Cost (local) of Office on Youth in FY 90-91 is $13,607.88 of which $10,0007.88 has been appropriated in the FY 90-91 budget. The additional in-kind match of $3,600 is through the use of office space in the Community Planning office. Continuity of program would be maintained. Staff, consisting of Youth Services Planner, will continue under the direction of the Office of Community Planning. Impact on future City budgets would mean continued City match of 25% of total budget for the Office on Youth. Do not authorize the City Manager to accept the Youth Services Grant from the Sate Department of Corrections. 1. Cost would not be an issue at this time. 2. Continuity would be questionable. Staff consists of Youth Services Planner and services would be contingent upon the availability of another funding source. Impact on future City budgets would be the possibility of more than the 25% contribution towards maintenance of the program. Recommendation: It is recommended that City Council adopt Alternative A which will authorize the following: ae Acceptance of the Department of Corrections Grant No. 90-I-15 through the execution of the proper form by the City Manager or his designee. Appropriate $50,831.50 to accounts to be established by the Director of Finance for program (75% of total grant budget or $40,823.62 will be refunded by the Department of Corrections). Authorize the transfer of $10,007.88 from Con~nunity Planning budget, account no. 001 052 8110 9536 to this program as part of the City's cash match to operate the program for FY 90-91 to the Grant Fund. Respectfully submitte.d, W. Robert Herbert City Manager WRH:MVC:mpf attachment cc: Assistant City Manager City Attorney Director of Finance Director of Human Resources Youth Planner Director of Public Works Chief, Community Planning CHARLESJ KEHOE DIRECTOR June 13, 1990 COMMONWEALTH of VIRQINIA Department of Youth Services PO BOX 26963 RICHMOND VIRGINIA 23261 {804) 67.~3013 Mr. W. Robert Herbert City Manager Roanoke City 215 Church Avenue, S.W., Roanoke, VA 124011 Room 364 RE: The Virginia Delinquency Prevention and Youth Development Act Grant Number: 90-I-15 Dear Mr. Herbert: The above-named Virginia Delinquency Prevention and Youth Development Act grant application has been approved in the amount of $ 40,823.62 Act funds, $ 13,607.88 local match, $ 54,431.50 total program. Attached you will find a Statement of Grant Award and a copy of a form entitled SPECIAL CONDITIONS FOR DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT GRANT AWARDS. The original of this form should be signed and returned to Mr. Glenn D. Radcliffe, Chief of Operations for Community Programs, Department of Youth and Family Services. This signed form is our official notice that you accept the award and the conditions of award. Before any funds are disbursed to the grantee under this award, the grantee must agree to comply with all conditions attached to this award as found in the SPECIAL CONDITIONS FOR DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT GRANT AWARDS. Thank you for your cooperation and interest in this matter. /bs Director OFFI ON YOU:iH JUN 2 5 1990 Attachment cc: Glenn D. Radcliffe W. Stephen Pullen Eugene C. Morgan Thomas J. Northen, Ron Telsch Marion V. Crenshaw III COMMONWEALTH of VIRQINIA Department of Youth Services Po Bo× 26~ SPECIAL CONDITIONS FOR DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT GKANT AWARDS SPECIAL CONDITIONS FOR GRANT AWARD # 90-I-15 THE DIRECTOR OF THE DEPARTMENT OF YOUTH & FAMILY SERVICES, THROUGH THE DEPARTMENT OF YOUTH & FAMILY SERVICES, HEREINAFTER REFERRED TO AS THE DEPARTMENT, DOES HEREBY AWARD TO ROANOKE CITY, VA. HEREINAFTER REFERRED TO AS THE GRANTEE, FROM THE DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT APPROPRIATION AN AMOUNT OF $ 40,823.62. THE GRANTEE HEREBY AGREES TO PROVIDE AN AMOUNT OF $ 13,607.88 AS THE MATCHING SHARE REQUIRED BY THE DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT, HEREINAFTER REFERRED TO AS THE ACT. THE TOTAL PROGRAM AWARD THEREBY BEING THE SUM OF $ 54,431.50. THE FOLLOWING CONDITIONS ARE ATTACHED TO AND MADE A PART OF THIS GRANT AWARD: The Grantee will comply with the terms of the Grantee's application, its attachments and amendments thereto, and will not deviate therefrom without the prior approval of the Department. The Act funds awarded are subject to adjustment prior to the disbursement of funds by the Department; in no event shall the amount disbursed exceed the Act funds awarded. The Grantee will comply with the provisions of the Act and the rules and regulations prescribed by the Commonwealth of Virginia, under the Act. The Grantee shall establish and maintain fiscal controls and accounting procedure which shall assure that the total program funds (Act and matching share) are. a. properly expended b. adequately controlled c. adequately accounted for d. separately identified 5. The Grantee shall establish and maintain accounting procedures which provide for an accurate and timely recording: a. total of grant funds (Act and matching share) be The a. b. of expenditures from such funds of unexpended balances Grantee shall establish controls which Page 2 of 4 that expenditures charged to grant activities are for allowable purposes. that documentation is readily available to verify that such charges are accurate. c. that time and attendance records of personnel engaged in this program are maintained. d. that equipment purchased with grant funds shall be registered on inventory cards and properly labeled in a manner which will identify such equipment as being purchased with funds from this grant. Where the allowability of an expenditure cannot be determined because records or documentation are inadequate, the questionable cost will be disallowed. The Grantee shall reimburse the State for the amount of any disallowed items. The Grantee shall make all records and accounts documenting the disbursement, utilization, administration and management of total program (Act and matching share) funds approved in this grant accessible to all authorized State personnel and such persons as may be designated by the Department. The Grantee shall submit to the Department, on forms prescribed, accurate, timely and complete financial and narrative reports; the Grantee shall submit such other reports as may be reasonably required by the Department. The responsibility for complying with reporting requirements shall not be transferred by the Grantee to any other party. No Act funds shall be expended for: a. any expenses other than those necessarily incurred in the performance of this grant program; b. the purchase of real property; c. new construction; d. costs incurred before the effective date of the grant, unless incurred with the prior authorization of the Department; e. the payment of any salary or compensation to a federal employee; f. payment of any consultant fee, or honorarium, to any officer of employee of the Department or of any State, municipality or local agency for services normally paid for by such employee's regular salary, wage and overtime compensation. This does not preclude payment of overtime compensation to such officers and employees consistent with the established personnel policies of the employing agency; and g. the payment of portions of any salaries in excess of the proportion of actual time spent in carrying out the grant program. 10. 11. 12. 13. 14. 15. 16. 17. Page 3 of 4 Any news releases, statement or publicity concerning this grant in which there is a reference to the source of the funds shall indicate that the grant was made to the Grantee by the Virginia Department of Youth and Family Services from Delinquency Prevention and Youth Development Act Funds. NO material produced in whole or in part under this grant shall be the subject of an application for copyright in the United States or in any country. The Department shall retain a royalty-free non-exclusive and irrevocable license to publish and use the materials and to authorize others to do so. The Grantee shall commence performance of the program provided for in the grant on the 1st day of July, 1990, and shall complete performance no later than the--~th day of June, 1991. The Grantee will indemnify, reimburse, hold and save the Commonwealth .of Virginia and the Department harmless from all charges, damages, costs, or other liability that the Department may be required to pay or otherwise incur by reason of any agreement between the Department and the Grantee, or by reason of any person, firm, or corporation being injured or damaged in any way in person or property, or in the event of a final judgment or decree being obtained against the Department, either independently or jointly with the Grantee then in that event the Grantee will pay such judgment or comply with decree with all costs and hold the Commonwealth of Virginia and the Department harmless therefrom. Ail purchases of equipment or contractual services made with funds from this grant award shall be in compliance with local rules and regulations governing such purchases, which are based on competitive principles. There shall be submitted to the Department a signed statement certifying that all applicable Act regulations, State laws, and local purchasing regulations have been complied with. Grantee agrees to provide documentation for a statewide evaluation, the criteria of which shall be jointly developed by Grantees and the Department of Youth and Family Services. ADDITIONAL SPECIAL CONDITIONS Grantee agrees to submit to the Department of Youth & Family Services' Regional Office by August 15, 1990 a revised budget in the amount of the award. Page 4 of 4 The Grantee is hereby informed that failure to comply with any of the above conditions, any of the provisions of the Act or any of the rules and regulations promulgated thereunder shall constitute grounds upon which the Department may terminate this grant, discontinue fund payments, and require reimbursement of fund payments after thirty days notice to each participating county and city and after a hearing has been conducted on the matter by the Director of the Department of Youth and Family Services or his designee. The undersigned, having attached thereto, does hereby accept this grant and agree to pertaining thereto, this 19 received the Notice of Grant Award and the conditions the conditions day of Signature Title Office of the City Clerk July 25, 1990 File #67-323 Mr. ~'. Robert Herbert City Manager Roanoke, Virginia Dear ~r. Herbert: I am enclosing copy of Resolution No. 30171-72390 accepting the bid of Swan Services, Inc., for providing custodial services at certain City facilities, upon certain terms and conditions, in the total amount of $43,894.44, for the period beginning August 1, 1990, and ending July 31, 1991. Resolution No. 30171-72390 was adopted by the Council of the Ci of Roanoke at a regular meeting held on Monday, July 23, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. ~illiam F. Clark, Director of Public Works Mr. Nelson M. Jackson, Manager, Building Maintenance/Custodial Services ~r. George C. Snead, Jr., Director of Adminsitration Public Safety Mr. D. Darwin Roupe, Manager, General Services and Room 456 Municipal BuildinG 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk July 25, 1990 File #6?-323 Mr. William J. Duran'd Regional Area ,Manager Swan Services, Inc. 225 Lee Avenue Vinton, Virginia 24179 Dear ~4r. Duran'd: I am enclosing copy of Resolution No. 30171-72390 accepting the bid of Swan Services, Inc., for providing custodial services at certain City facilities, upon certain terms and conditions, the total amount of $43,894.44, for the period beginning August 1, 1990, and ending July 31, 1991. Resolution No. 30171-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. Sincerely, City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Vi~inia 24011 (703) 981-2541 Office of the City Clerk July 25, 1990 File #6?-323 Mr. Roger C. Willis President Southwest Virginia Janitor Services, 3804 Melrose Avenue, N. W. Roanoke, Virginia 24017 [nc. Dear Mr. ~illis: I am enclosing copy of Resolution No. 30171-72390 accepting.the bid of Swan Services, Inc., for providing custodial services at certain City facilities, upon certain terms and conditions, in the total amount of $43,894.44, for the period beginning August 1, 1990, and ending July 31, 1991. Resolution No. 30171-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 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 services. ~'~ ~'Sincerely' Mary F. Parker, CMC/AAE City Clerk ~FP:ra Enc. Roorc 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk July 25, 1990 File #67-323 Mr. Noah G. Denney Hough Nicholls/American Chemical Company P. G. Box 88 Roanoke, Virginia 24002 Dear Mr. Denney: I am enclosing copy of Resolution No. ~0171-72390 accepting the bid of Swan Services, Inc., for providing custodial services at certain City facilities, upon certain terms and conditions, in the total amount of $43,894.44, for the period Deginning August 1, 1990, and ending July 31, 1991. Resolution No. 30171-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, ]990. On behalf of the Mayor and Members of City Council, [ would to express appreciation for submitting your bid on the above- aescribed services. Sincerely, Mary F. Pa rker, CMC/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 July 25, 1990 File #67-323 Mr. Kenneth Haley President Property Maintenance Corporation 416 - 11th Street, N. ~. Roanoke, Virginia 24017-5710 Dear Mr. Haley: I am enclosing copy of Resolution No. 30171-72390 accepting the bid of Swan Services, Inc., for providing custodial services at certain City facilities, upon certain terms and conditions, in the total amount of $43,894.44, for the period beginning August 1, 1990, and ending July 31, 1991. Resolution No. 30171-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, July 23, 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 services. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk July 25, 1990 File #67-323 Mr. Melvin Kasey President Triad Cleaning Services, Inc. P. 0. Box 6024 Roanoke, Virginia 24017 Dear Mr. Kasey: I am enclosing copy of Resolution No. 30171-72390 accepting the bid of Swan Services, Inc., for providing custodial services at certain City facilities, upon certain terms and conditions, in the total amount of $43,894.44, for the period beginning August 1, 1990, and ending July 31, 1991. Resolution No. 30171-72390 was aaopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. On behalf of the ~ayor aad Members of City Council, [ would like to express appreciation for submitting your bid on the above- described services. Sincere ly, Mary F. Pa ricer, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30171-72390. A RESOLUTION accepting the bid of Swan Services, Inc. for providing custodial services at certain City facilities, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid of Swan Services, Inc. made to the City in the total amount of $43,894.44 for providing custodial services at certain City facilities, for the period beginning August 1, 1990, and ending July 31, 1991, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the suc- cessful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the afore- said work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appre- ciation for such bid. ATTEST: City Clerk. Roanoke, Virginia July 23, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: Subject: Bids to provide Custodial Services at certain locations by outside contractor BID NUMBER 90-6-15 I concur with the recommendation of the Bid Committee relative to the above subject and recommend it to you for appropriate action. W. Robert Herbert City Manager cc: City Attorney Director of Finance Roanoke, Virginia July 23, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bid Co~nittee Report for cleaning of fourteen (14) City buildings by a Cleaning Contractor BID NUMBER: 90-6-15 I. Back~round me January 1990, a study to reduce cost in Custodial Services was made by the Manager of Building Maintenance and Custodial Services. Annual Operatin~ Cost of Present Services is $89,500.00 for five (5) Library and nine (9) Recreation Center locations. C. Contract Janitorial Services are available in this area. June 1, 1990, specifications were developed, and along with request for quotations, were sent to fourteen (14) Janitorial Service Contractors. A public advertisement was also pub- lished in the Roanoke Times and World News. Bids were received, after due and proper advertisement until 2:00PM on June 19, 1990, at which time all bids so received were publicly opened and read in the office of the Manager of General Services. Page 2 II. Current Situation Five (5) bid responses were received. Bid Tabulation is attached. Ail bids received were evaluated in a consistant manner by representatives of Custodial Services and General Services. The lowest bid, submitted by Swan Services, Inc., meets all specifications for a cost of $43,894.44 annually. Annual Contract will be paid from the existing operating budget and would require no additional funding. III. Issues A. Cost B. Compliance with Specifications C. quality of Services D. Funding E. Impact on Existing Personnel IV. Alternatives A. Council accept the lowest bid submitted by Swan Services, Inc. Cost based on low bid, would be a reduction of operating cost of $45,605.56. Compliance with Specifications - The firm recommended in this report meets all required specifications. Quality of Services would be insured by detailed specifi- cations for cleaning and monthly inspections by the Custodial Services Department. Funds are available in Custodial Services Department "Fees for Professional Services" Account 001-052-4220-2010. Impact on existing personnel - the number of Custodial personnel has already been reduced through attrition or reassignment to other authorized vacant positions. Work has temporarily been performed by use of overtime and extra help pending award of the proposed contract. Page 3 Reject all bids and maintain present Custodial Services by City employees. 1. Cost would remain at $89,500.00 annually. 2. Compliance with specifications would not be an issue. 3. Quality of Services would remain at present level. 4. Impact on existin~ personnel - would need to make permanent arrangements for cleaning of branch Libraries and Recreation Centers by re-hiring additional City employees. V. Recommendation mo Council concur with Alternative "A" - accept the bid of Swan Services, Inc.to provide Custodial Services to five (5) Library and nine (9) Recreation Center locations for a cost of $43,894.44. B. Reject all other bids. Respectfully submitted, Committee: ' / William F. Clark Ne%son M. Jack~6n D. Darwin Roupe cc: City Attorney Director of Finance NMJ/bd Office of the City Clerk July 25, 1990 File #246 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: ! am attaching copy of Ordinance No. 30172-?2390 accepting the bid of Total Action Against Poverty (TAP), in the total amount of $21,292.00 and 24 consecutive calendar days, for demolition of the old A & P Building located at 28 Salem Avenue, S. E., upon certain terms and conditions. Ordinance No. 30172-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. Sincerely, ~/~~ Mary F. Parker, CMC/AAE City Cler~ MFP:ra pc: Mr. William F. Mr. Charles M. Mr. George C. Public Safety Clark, Director of Public Works Huffine, City Engineer Snead, Jr., Director of Administration and Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (7'03) 981-2541 Office of the City Clerk July 25. 1990 F~le #246 ~r. Theordore J. Edlich, III Executive Director Total Action Against Poverty P. 0. Box 2868 Roanoke, Virginia 24001 Dear Mr. Edlich: I am enclosing copy of Ordinance No. 30172-72390 accepting the bid of Total Action Against Poverty (TAP), ~n the total amount of $21,292.00 and 24 consecutive calendar days, for demolition of the old A & P Building located at 28 Salem Avenue, S. E., upon certain terms aha conditions. Ordinance No. 30172-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. Sincerely, Mary F. Parker, CMC/AAE City Cler~ MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. ,,~oke, Vi;ginia 24011 (703) 981.2541 Office of th~ City Clerk July 25, 1990 File #246 Mr. Gene Brouqhman President Rockbridqe Excavating, Inc. P. 0. Box 19162 Roanoke, Virginia 24019 Dear ,~r. Broughman: I am enclosinq copy of Qrdinance No. 30172-72390 accepting the bid of Total Action Against Poverty (TAP), in the total amount of $21,292.00 and 24 consecutive calendar days, for demolition of the old A & P Building located at 28 Salem Avenue, S. E., upon certain terms and conditions. Ordinance No. 30172-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, July 23, 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 Eno. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk July 25, 1990 File #246 Mr. Robert Ellis Ellis Home Improvement 3130 Roundhill Avenue, N. Roanoke, Virginia 24012 Dear Mr. Ellis: I am enclosing copy of Ordinance No. 30172-72390 accepting the bid of Total Action Against Poverty (TAP), in the total amount of $21,292.00 and 24 consecutive calendar days, for demolition of the old A & P Building located at 28 Salem Avenue, S. E., upon certain terms and conditions. Ordinance No. 30172-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. On behalf of the Mayor and Members of City Council, I would like to express aporeciation 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) 981-2541 Office of the City Clerk July 25, 1990 File #246 Mr. Alan L. Amos President Alan L. Amos, Inc. 1734 - 11th Street. N. E. Roanoke, Virginia 24012 Dear Mr. Amos: I am enclosing copy of Ordinance No. 30172-72390 accepting the bid of Total Action Against Poverty (TAP), in the total amount of $21,292.00 and 24 consecutive calendar days, for demolition of the old A & P Building located at 28 Salem Avenue, S. E., Upon certain terms and conditions. Ordinance No. 30172-72390 was aaopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. On behalf of the Mayor and ~embers of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely~. ~...j.~.~._. Mary F. Parker, CMC/AAE City Clerk M~P:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 240'11 (703) 98'1-254'1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30172-72390. A RESOLUTION accepting the bid of Total Action Against Poverty (TAP), for demolition of the old A & P Building located at 28 Salem Avenue, S.E., upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid of Total Action Against Poverty (TAP) amount of $21,292.00 and 24 consecutive calendar days, tion of the old A & P Building located at 28 Salem Avenue, S.E., such demolition to be performed by TAP or its assignee or subcon- tractor as approved by the City Manager or the Assistant City Manager, and as more particularly set forth in the July 23, 1990 report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office 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, and assignment or subcontract with the successful bidder and its assignee or sub- in the total for demoli- contractor, based on the bidder's proposal made therefor and the City's specifications made therefor, said contract and assignment or subcontract to be in such forms as are approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3~ Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. Roanoke, Virginia July 23, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bid Committee Report for the Demolition of Structure located at 28 Salem Avenue, S.E., Bid No. 90-6-51 Dear Members of Council: I concur with the bid committee recommendation relative to the above subject and recommend it to you for appropriate action. Respect fully Submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance Roanoke, Virginia July 23, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bid Committee Report for the Demolition of Structure located at 28 Salem Avenue, S.E. Bid Number 90-6-51 I. Background ~pecifications were developed for the demolition of the Old A & P Building, official tax number 4010116, located at 28 Salem Avenue, S.E., Roanoke, Virignia. J~R~_~_..~gQ specifications and request for Bids were specifically sent to eleven {11) demolition contractors currently shown on the City's bid list. A public advertisement was also published in the Roanoke Times and World News. F_o.u~_._(4_)_.$~i_d_s_ were received. Bid tabulation is attached. ~h_e_~D~_est b~ as submitted by Total Action Against Poverty, for the amount of ~21,23_2.00 meets all required specifications. Work Consists of the demolition of the Structure in accordance with all City rules, regulations and specifications. Work to be completed within twenty-four (24) days after asbestos abatement is completed and demolition permit is issued by the Building Commissioner. II. Issues A. Compliance with $_pecifications C. T_i~me~l_i ne s_s D. Demolition of Structure at 28 Salem Avenue, S.E. Page 2 III. Alternatives Council accept the bid submitted by Total Action Against Poverty, to provide demolition services for a Structure, located at 28 Salem Avenue, S.E. in accordance with all rules and regulations, for the amount of ~om~g~.~i~h__S~pecifications - The low bid provided by Total Action Against Poverty meets all required specifications. o __F~_nding of this project is available in Project Account 008-052-9648-9003. Timeliness - required demolition services are to be completed as soon as possible in order to provide for appropriate continuation of existing project. o Bidder Qualifications - The low bid submitted by Total Action Against Poverty will be subcontracted to Odd Job Services. This is allowable in the specifications. Both Firms are appropriately licenced contractors, have sufficient insurance coverage and have successfully accomplished demolition projects of similiar type and size. ~9~pliance with ~pecifications would not be an issue in this alternative. F~u_D_d._iD_q would not be encumbered at this time. Timeliness - existing project would be delayed until this structure is removed. 4. Bidder Qualifications would not be a issue in this alternative. Demolition of Structure at 28 Salem Avenue, S.E. Page 3 IV. Recommendation Council concur with Alternative "A" - accept the bid submitted by Total Action Against Poverty to provide demolition services for the Structure located at 28 Salem Avenue, S.E. for the total amount of $21,292.00. S o ~_~t~pF~z_9_e the City Manager to enter into a contractual agreement in form approved by the City Attorney with Total Action Against Poverty for the required demolition. Respectfully Submitted, Committee: William F. Clark harles M. Hu~fine D. Darwin Roupe Attachment cc: City Attorney Director of Finance Tabulation of Bids For Demolition Services For Structure Located at 28 Salem Avenue, S.E. Roanoke, Virginia Bids were publicly opened and read in the Office of the Manager of General Services at 2:00 P.M., June 29, 1990. Bidder Total Action Against Poverty Rockbridge Excavating, Inc. Ellis Home Improvement Alan L. Amos, Inc. Bid Amount $21,292.00 22,997.00 31,000.00 32,950.00 Project to be completed within twenty-four (24] days after receipt of notice to proceed. William F. Clark D. Darwin Roupe Office of the City Clerk July 25, 1990 File #24-214-62 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30173-72390 amending and reordaining subsections (a) and (b) of §1-10, Classification of and penalt2 for violations; continuing violations; Code of the City of Roanoke (1979), as amended, to conform the penalties for Class 2 and 4 misdemeanors to the maximum permitted under the Code of Virginia (1950), as amended. Ordinance No. 30173-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990, and shall be in full force and effect with respect to offenses or violations committed or occurring on or after August 1, 1990. Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric. pc: The Honorable Roy B. Willett, Chief Judge, Circuit Court The Honorable Clifford R. Wec~stein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Kenneth E. Trabue, Judge, Circuit Court 305 East Main Street, Salem, Virginia 24153 The Honorable G. 0. Clemens, Judge, Circuit Court P. 0. Box 1016, Salem, Virginia 24153 ' The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Mr. W. Robert Herbert Page 2 July 25, 1990 pc: The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge General District Court ' The Honorable Court The Honorable Court The Honorable The Honorable The Honorable Julian H. Raney, Jr., Judge, General District Richard C. Pattisal, Judge, General District Patsy Testerman, Clerk, Circuit Court Donald S. Caldwell, Commonwealth's Attorney W. Alvin Hudson, City Sheriff The Honorable Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court The Honorable Ronald Albright, Clerk, General District Court Mr. Wilburn C. Dibling, Jr., City Attorney Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. M. David Hooper, Chief of Police Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, p. 0. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President Supplements, Municipal Code Corporation, p. 0. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF TRE CITY OF ROANOEE, VIRGINIA, The 23rd day of July, 1990. No. 30173-72390. A~ ORDINANCE amending and reordaining subsections (a) and (b) of §1-10, Classification of and penalty for violations; continu lng violations, Code of the City of Roanoke (1979), as amended, to conform the penalties for Class 2 and 4 misdemeanors to the maximum permitted under the Code of Virginia (1950), as amended; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsections (a) and (b) of §1-10, Classification of and penalty for violations; continuing violations, Code of the City of Roanoke (1979), as amended, shall be amended and reordained as follows: §1-10. Classification of and penalty for violations; continuing violations. (a) Whenever in this Code or in any other ordi- nance of the City any act is prohibited or is declared to be unlawful or an offense or a misdemeanor, or the failure to do any act is declared to be unlawful or an offense or misdemeanor, the violation of any such pro- vision of this Code or any such ordinance shall, unless otherwise specifically provided, constitute a Class 1 misdemeanor. (b) Whenever it is provided that any violation of any provision of this Code or any other ordinance of the City constitutes a Class 1, 2, 3 or 4 misdemeanor, such violation shall be punishable as follows: (1) For Class i misdemeanors, confinement in Jail for not more than twelve (12) months and a fine of not more than one thousand dollars ($1,000.00), either or both. (2) For Class 2 misdemeanors, confinement in jail for not more than six (6) months and a fine of not more than one thousand dollars ($1,000.00), either or both. (3) For Class 3 misdemeanors, a fine of not more thwart five hundred dollars ($500.00). (4) For Class 4 misdemeanors, a fine of not more than two hundred fifty dollars ($250.00). 2. In order to ~rovide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect with respect to offenses or violations committed or occurring on or after August 1, 1990. ATTEST: City Clerk. WILBURN C. DIBLING, JR. CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNiCiPAL BUiLDiNG July 23, 1990 WILLIAM X PARSONS MARK ALLAN WILLIAMS KATHLEEN MARIE KRONAU STEVEN J. TALEVI ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Penalties for misdemeanors Dear Mrs. Bowles and Gentlemen: The Code of Virginia (1950), as amended ("State Code"), and the Code of the City of Roanoke (1979), as amended ("City Code"), classify all misdemeanors as Class 1, 2, 3 or 4. Traditionally, the City Code penalties for violations of each class of misde- meanor have been the same as the State Code penalties. This affords the Courts the maximum discretion in fixing the appropri- ate penalty with respect to a violation. Uniformity also prevents confusion which would exist were the penalties different under City and State Codes. Finally, uniformity makes it unnecessary for law enforcement officers to write summonses under the State Code in order to obtain the potential of heavier penalties. The 1990 Session of the General Assembly increased the mone- tary penalties for Class 1, 2 and 4 misdemeanors effective July 1, 1990. See $18.2-11, State Code. These penalties had not been amended since 1975, and the action of the 1990 Session simply recognized the impact of inflation. The current penalties under the City Code and State Code are as follows: Maximum Misdemeanor Penalties City Code Class 1 12 mos. in jail and/or fine of $1,000 Class 2 6 mos. in jail and/or fine of $500 Class 3 Fine of $500 Class 4 Fine of $100 State Code 12 mos. in jail and/or fine of $2,500 6 mos. in jail and/or fine of $1,000 Fine of $500 Fine of $250 The Honorable Mayor and Members of City Council July 23, 1990 Page 2 Unfortunately, while the General Assembly increased the maxi- mum monetary penalty for a Class 1 misdemeanor under State Code from $1,000 to $2,500, it failed to repeal or override other pro- visions of State law establishing a $1,000 cap on monetary penalties for violations of local ordinances. See $15.1-901, State Code, and §2(32), Charter of the City of Roanoke. Under this circumstance, I recommend to you that the monetary penalties for Class 2 and 4 misdemeanors only under the City Code be amended to conform to the State Code penalties. The attached ordinance amends $1-10 of the City Code to increase the maximum penalties under the City Code for violations of Class 2 and 4 misdemeanors to the maximum permitted inder the State Code as of July 1, 1990. The new penalties for Class 2 and 4 misdemeanors would be effective for offenses committed on and after August 1, 1990. With respect to Class 1 misdemeanors, the City Code cap will have to remain at twelve months in jail and a fine of $1,000, either or both, for the time being. In this regard, I recommend to you that the City's 1991 Legislative Program request amendment of the City Charter to increase the maximum monetary penalty for violations of local ordinances from $1,000 to $2,500. With kindest personal regards, I am WCDJr:fcf Sincerely yours, Wilburn C. Dibling, Jr. City Attorney Attachment cc: The Honorable Donald S. Caldwell, Commonwealth's Attorney W. Robert Herbert, City Manager George C. Snead, Jr., Director, Administration and Public Safety M. David Hooper, Chief of Police Office of the Council David A. Bowers Councilman July 1, 1990 Honorable Mayor and City Council Roanoke, Virginia SUBJECT: Annual Report of the Audit Committee of Roanoke City Council Dear Mrs. Bowles and Gentlemen: The purpose and function of the Audit Committee as stated in the City Code at Chapter 2-298(b) is: "The audit committee shall act in an advisory capacity to the council, the municipal auditor, the director of finance and the city manager in matters relating to the city's financial records and to that end shall have the right to have immediate access to all records and reports relating to financial matters and transactions of the city or of matters and things affecting such financial records. The council, any member thereof, the municipal auditor, the director of finance and the city manager shall have the right to consult with and seek the advice of the audit committee on matters relating to the city's financial records, but neither the committee nor any member shall have authority to act for or to bind the city council, unless expressly authorized so to do by ordinance or resolution of the council." During the year ended June 30, 1990, the committee held 2 regular meetings. Each member's attendance was: Member Meetinqs Attended Meetings Absent Elizabeth T. Bowles 2 0 David A. Bowers 2 0 Beverly T. Fitzpatrick 2 0 Howard E. Musser 2 0 Noel C. Taylor 1 1 James O. Trout 1 1 Room 456 Municipal Building 2t5 Church Avenue, S.W. Roonoke, Virginia 2401 ~; (703) 981-2541 Annual Report -2- July 1, 1990 The following is a summary of the committee's activity during the year: · Reviewed and concurred with the annual plan presented by Peat Marwick. · Reviewed and concurred with the Municipal Auditor's annual audit plan. Received the Municipal Auditor's report on Bingo activities and referred an ordinance for proper revision to City Council. · Reviewed the independent accountant's report with repre- sentatives from Peat Marwick and City officials. Reviewed the internal audit reports with the Municipal Auditor and City officials. · Advised the Council on the actions needed to implement the matters considered at the committee's meetings. · Furnished a copy of the minutes of each committee meeting to City Council and City officials. I ask that this report be made a part of the Council agenda for July 23, 1990 under reports of committees. If any of you have any questions, please do not hesitate to contact me. Best personal regards to each of you. Sincerely, David A. Bowers Chairman, Audit Committee POSITION STATEMENT JULY 23, 1990 TAP views the renewal of Henry Street as a crucial step in the economic and cultural rejuvenation of Northwest Roanoke and is in an excellent position to lead that effort. We already have made a $600,000 investment in the Henry Street Music Center and are in the process of raising funds to complete construction of the Dumas Hotel. In our search for a new headquarters location, we have continued to view Henry Street as an ideal solution, benefitting the city, TAP's programs and clients and, most importantly, the severely depressed Northwest Roanoke community. In the past quarter-century, we have seen the continuing decline of our city's traditionally black neighborhoods, with the only significant new construction coming in the form of churches, subsidized housing and TAP's involvement in the Harrison Center, Northwest Supermarket and Henry Street. An expanded effort on Henry Street by TAP, in partnership with the City, would generate jobs, minority owned businesses, affordable housing and pride in that part of the city. A vital Henry Street -- with cultural and commercials establishements -- also would be an enhancement to the City's plans for a convention and trade center. We have suggested that City Council, with the consent of the Roanoke Redevelopment and Housing Authority, choose TAP to be the developer for the Henry Street Renewal Project and that: o the City and the Housing Authority make available all the land between First and Second Streets up to Wells Avenue for the project; o TAP be given authority to proceed with its plans to build a two-story building behind and above the first-floor commercial area fronting on Henry Street; o TAP, with the City's help, develop the commercial area as taxable property; o The City participate with TAP in the effort to bring in outside resources to complete the project and, further, make a commitment of $2.1 million over a three-year period toward that end. TAP will allocate $900,000 to the project and attempt to bring in an additional $1.5 million in outside resources and $1 million from local donors. TAP also suggests that areas for TAP offices and the cooperative venture among TAP, and the business community. the City make street improvements and parking commercial spaces and that this project be a the City of Roanoke, the Northwest Community The estimated costs are: TAP's current investment TAP's new investment Local donors Outside resources Loans from banks & developers City of Roanoke allocation TOTAL $ 600 000 900 000 1,000 000 1,500 000 1,000 000 2,100 000 7,i00,000 If City Council agrees to this proposal, TAP will not purchase the Stone Printing Building, but will concentrate its efforts on this plan while remaining in its interim locations. It is our view this would be a good economic investment for the city in jobs and commercial tax receipts, plus an important neighborhood development plan for Northwest Roanoke. It can be undertaken concurrently with the new Second Street road project and could help the commercial development planned around the Hotel Roanoke. Whether or not TAP's Headquarters are located on Henry Street, The Henry Street Renewal Project should remain a priority for the City of Roanoke. It should not be forgotten, replaced or shelved indefinitely. July 20, 1990 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: On June 25, 1990, Council, in response to a request from Cabell Brand, appointed three of its members to study the relocation alternatives for Total Action Against Poverty (TAP). At the first meeting, TAP reviewed with us their three alternative locations: 1. The current School Administration buildings. 2. The old Stone Printing Building. 3. A new building on the west side of Henry Street. Only two of those alternatives, School Administration and Henry Street, involve publicly-owned property. The City Manager had previously informed TAP in writing, on May 4, 1990, that he was prepared to recommend either Henry Street or the School Administration building under certain conditions. Mr. Herbert's proposal to TAP on Henry Street, was subject to the Roanoke Redevelopment and Housing Authority (RRHA) Board of Commissioners making the property available, and City Council approving the transfer of that property and appropriation of funds. The proposal was: That the City would purchase from the RRHA, at fair market value, that land it currently owns between Henry Street, Wells Avenue and the new Second Street corridor. Once obtained, the City would gift this property to TAP. The value of the land is estimated at $136,000. That the City would not participate in the construction of any new cormmercial retail space, shell space, along Henry Street. Recommend (unless TAP is prepared to construct the commercial shell retail space on its own) that a 60-75 foot wide strip of property be reserved in front of Henry Street so that private commercial development could be accommodated when and if such a demand is forthcoming in the future. July 20, 1990 Page 2 TAP's fundraising effort should include the cost of acquiring additional land for its new office structure and/or parking. will be necessary as TAP's plans show the use of property for parking which is currently not owned by the RRHA. This That the City construct sidewalk improvements along the west side of Henry Street between Wells Avenue on the north and Centre Avenue on the south. The cost is estimated to be $166,000. Mr. Herbert's proposal to TAP on the School Administration buildings, which would be subject to City Council and School Board approval, was as follows: That all land and buildings except the current gymnasium building be sold to TAP for $750,000. The gymnasium would be kept under the ownership of the City and/or School Board and its maintenance and repair be the controlling entities responsibility. The City would, however, work with TAP to make the gymnasium available to support TAP's other agency programs. The gymnasium would remain available for use by neighborhood organizations and/or other non-profit agencies after normal working hours. Ail asbestos would be removed or encapsulated in the remaining two buildings prior to TAP taking possession. The School Administration would leave all current wall petitions in place (per remarks by Dick Kelley). The property would be available for TAP's use in approximately two years or when Jefferson High School is ready for occupancy by the School Administration. The City Manager's proposal on Henry Street would have required that the City make an expenditure of approximately $302,000. TAP officials asked for a series of additional capital improvements as a condition of their locating on Henry Street, which would have required an investment by the City of $2,100,000. We would not concur on TAP's proposal given the many demands the City is currently facing, as well as the unknown expenses that may result from the Commonwealth of Virginia's need to reduce its budget. The City Manager shared with us his analysis which showed that the School Administration building was the least expensive option of the three alternatives that TAP was considering. TAP's primary reason for rejecting the low cost alternative was the School Administration buildings wouldn't be available for two years or more while Jefferson High School was being renovated. This rejection was despite the fact July 3, 1990 Page 3 that it would take two years or more for TAP to raise the money and construct a new building on Henry Street and that fundraising must take place to renovate the Stone Printing building. The old Stone Printing building is of course not publicly owned. There are no current plans by the City to purchase this building. Therefore, it was not appropriate for us to give TAP any advice on exercising its option on that building. It was made clear to TAP officials by the City Manager that there was no objection by the City to TAP pursuing this (Stone Printing building) or any other alternative site that was privately owned. The key point is that right now we have so many projects underway, and so many demands on public funds, that we simply cannot commit to give TAP $2.1 million above and beyond the land and/or buildings we've already put on the table. TAP is a valuable part of our community and we support its work as evidenced by our longtime financial support by including them in the City's General Fund budget and by giving additional support for such projects as the Transitional Living Center. Yet, given the current know situation, and the unknown that may be coming from the State, the committee recommends that Council as a whole concur in our position and authorize the City Manager to continue discussions with TAP in concert with the proposals outlined in this report, if TAP is so inclined. We appreciated the opportunity to meet with TAP officials and are thankful for their cooperation. We also appreciate TAP's continued interest in the development of Henry Street and the downtown north area. Howard E. Musser Vice~ '~Ma~°r ~ Elizabeth T. Bowles Council Member Council Member HEM/ETB/DAB:kds Office of the City Clerk August 13, 1990 File #377-123 The Honorable Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching copy of Ordinance No. 30174-72390 providing for an assessment of two dollars ($2.00) to be taxed as costs in each criminal or traffic case in the Circuit Court for the City of Roanoke, the General District Court for the City of Roanoke and the Family Court for the City of Roanoke. Ordinance No. 30174-72390 ~as adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990, and the assessment prescribed by said ordinance shall be applicable to all criminal and traffic of~'enses or infractio~ls occuring on or after July 24, 1990. Sincerely, Mary F. Parker, C~C/AAE City Clerk MFP:ra Eac. pc: The Honorable Roy B. Willett, Chief Judge, Circuit Court The Honorable Clifford R. M~ckstein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Donald S. Caldwell, Commonwealth's Attorney The Honorable W. Alvin Hudson, Sheriff The Honorable Gordon E. Peters, City Treasurer Mr. W. Robert Herbert, City Manager Room 456 Municipal BuildinG 215 Church Avenue, S.W. Roenoke, Virginia 24011 (703) 981.2541 Office of the City Clerk August 13, 1990 File #377-123 Mr. Ronald Albright, Clerk General District Court Roanoke, Virginia Dear Mr. Albright: I am attaching copy of Ordinance No. 30174-72390 providing for on assessment of two dollars ($2.00) to be taxed as costs in each criminal or traffic case in the Circuit Court for the City of Roanoke, the General District Court for the City of Roanoke and the Family Court for the City of Roanoke. Ordinance No. 30174-72390 was adopted by the Counc~il of the City of Roanoke at a regular meeting held on Monday, July 23, 1990, and the assessment prescribed by said ordinance shall be applicable to all criminal and traffic offenses or infractions occuring on or after July 24, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric, pC: 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 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30174-72390. AN ORDINANCE providing for an assessment of two dollars ($2.00) to be taxed as costs in each criminal or traffic case in the Circuit Court for the City of Roanoke, the General District Court for the City of Roanoke and the Family Court for the City of Roanoke; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. An assessment in the amount of two dollars ($2.00) shall be taxed as costs in each criminal or traffic case in the Circuit Court for the City of Roanoke, the General District Court for the City of Roanoke and the Family Court for the City of Roanoke. 2. Such assessment shall be collected by the Clerk of the Court in which the action is filed and remitted to the City Treasurer and held by such Treasurer subject to disbursement by the City Council for the construction, renovation or maintenance of the courthouse or Jail and court related facilities and to defray increases in the costs of heating, cooling, electricity and ordinary maintenance. 3. The assessment provided for herein shall be in addition to any other fees prescribed by law. 4. In order to provide for the usual daily operation of the municipal government, an emergency is declared to exist, and the assessment prescribed by all criminal and traffic offenses or after July 24, 1990. this ordinance shall be applicable to infractions occurring on or ATTEST: City Clerk. WILBURN C. DIBLING, JR. CITY OF ROANOKE OFFICE.~E ~HE CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011 ~1595 July 23, 1990 WILLIAM X PARSONS MARK ALLAN WILLIAMS KATHLEEN MARIE KRONAU STEVEN J. TALEVI ASSISTANT CITY A~I'ORN EY S Honorable Mayor and Members of City Council Roanoke, Virginia Re: Assessment for Courthouse and Jail maintenance Dear Mrs. Bowles and Gentlemen: The 1990 Session of the General Assembly authorized the governing bodies of cities, counties and towns to impose a new assessment as a part of the fees taxed as costs in each criminal or traffic case in a district or circuit court in an amount not in excess of $2.00. See $14.1-133.2, Code of Virginia (1950), as amended. The new provision of the State Code provides that the assessment shall be collected by the clerk of the court in which the action is filed and remitted to the treasurer of the city, county or town and held by such treasurer subject to disburse- ments by the governing body for the construction, renovation or maintenance of courthouse or jail and court related facilities and to defray increases in costs of heating, cooling, electricity and ordinary maintenance. The assessment is in addition to other fees prescribed by law. This legislation expires by its own terms on July 1, 1991, although it is expected that local govern- ments will seek to have this sunset clause repealed. I have spoken with Patsy Testerman, Clerk of the Circuit Court for the City of Roanoke, and Ron Albright, Clerk of the General District Court for the City of Roanoke, in an effort to determine the revenue that might be generated by a $2.00 assess- ment on each criminal or traffic case. Of course, the much larger volume is in the General District Court where Mr. Albright estimates that there are approximately 17,000 new criminal cases each year and 28,000 new traffic cases each year. Assuming 60% convictions and that costs are collected in 40% of the criminal cases and 70% of the traffic cases, approximately $32,000 would be generated by a $2.00 assessment in the General District Court. According to Ms. Testerman, approximately 3,600 new criminal and traffic cases are processed through the Circuit Court for the City of Roanoke on an annual basis. Revenue from this volume of cases would be approximately $1,500 - $2,000. The Honorable Mayor and Members of City Council July 23, 1990 Page 2 If Council desires to take advantage of this new revenue source authorized by the General Assembly, the attached ordinance may be adopted. If it is the pleasure of Council, I will also include in the 1991 Legislative Program a proposal to retain the assessment for courthouse and jail construction, renovation or ~intenance. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCDj:sm Attachment cc: W. Robert Herbert, City Manager Joel M. Schlanger, Director of Finance The Honorable Patsy Testerman, Clerk, Circuit Court The Honorable Ron Albright, Clerk, General District Court The Honorable Patsy A. Bussey, Clerk, Roanoke City Family Court The Honorable Gordon E. Peters, Treasurer The Honorable W. Alvin Hudson, Sheriff Office of the City Clerk July 25, 1990 File #27 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30176-72390 accepting the bid of E. C. Pace Company, Inc., in the total amount of $99,915.00, for construction of Hemlock Hills storm drainage improvements from Guernsey Lane to West Side Boulevard, N. W., upon certain terms and conditions. Ordinance No. 30176-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. ~4ary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. fluffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director of U~ilities and Operations Ms. Dolores C. Daniels, Citizens' Request for Service Mr. Barry L. Key, Manager, Office of Management and Budget Boom 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk July 25, 1990 File #27 Mr. E. C. Pace, III President E. C. Pace Company, Inc. P. G. Box 12685 Roanoke, Virginia 24027 Dear Mr. Pace: I am enclosing copy of Ordinance Ho. 30176-7239U accepting the bid of E. C. Pace Company, Inc., in the total amount of $99,915.00, for construction of Hemlock Hills storm drainage improvements from Guernsey Lane to West Side Boulevard, N. W., upon certain terms and conditions. Ordinance Ho. 30176-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. Sincerely, Mary F. Pa rker, CMC/AAE City Clerk ~FP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk July 25, 1990 File #27 Mr. Larry G. Conner President Aaron J. Conner General Contractors, P. O. Box 6068 Roanoke, Virginia 24019 Inco Dear Mr. Conner: I am enclosing copy of Ordinance No. 30176-72390 accepting the bid of E. C. Pace Company, Inc., in the total amount of $99,915.00, for construction of Hemlock Hills storm drainage improvements from Guernsey Lane to West Side Boulevard, N. W., upon certain terms and conditions. Ordinance No. 30176-7239~ was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990. Gn behalf of the ~ayor 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) 981-2541 Office of the City Clerk July 25, 1990 Fi le #27 Mr. ~ayne A. Dixon, P.E. President Dixon Contracting, Inc. P. O. Box 108 Fincastle, Virginia 24090 Dear Mr. Dixon: i am enclosing copy of Ordinance No. 30176-72390 accepting the bid of E. C. Pace Company, Inc., in the total amount of $99,915.00, for construction of Hemlock Hills storm drainage improvements from Guernsey Lane to West Side Boulevard, N. W., upon certain terms and conditions. Ordinance No. 30176-72390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 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) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd day of July, 1990. No. 30176-72390. VIRGINIA, AN ORDINANCE accepting the bid of E. C. Pace Company, Inc., for construction of Hemlock Hills storm drainage improvements from Guernsey Lane, N.W. to West Side Boulevard, N.W., upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of E. C. Pace Company, Inc., in the total amount of $99,915.00, for construction of Hemlock Hills storm drainage improvements from Guernsey Lane, N.W. to West Side Boulevard, as more particularly set forth in the July 23, 1990 report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as pro- vided 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 success- ful bidder, based on its proposal made therefor and the City's spe- cifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore Or simultaneously appropriated by Council. 3.. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. municipal ordinance In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk July 25, 1990 File #60-27 Mr. Joel M. Schlanger Director of Finaace RoanoKe, Virginia Dear Mr. Schlanger: I am attaching copy of Qrdinance No. 30175-72390 amending and reordaining certain sections of the 1990-91 Capital Fund Appropriations, providing for the transfer of $104,915.00 from the Public Improvement Bonds Series 1988, Storm Drains, to Hemlock Hills Storm Drain, in connection with award of a contract to E. C. Pace Company, Inc., for construction of Hemlock H£lls storm drainage i,~provements. Ord, inance No. 30175-72390 was adopted by the Council of the City of Roanoke at a regular meeting held oa Monday, July 23, 1990. Sincerely, Mary F. Parl~er, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Ms. Dolores C. Daniels, Citizens' Request for Service Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN Tm~ COL~CIL OF .£.~ CITY OF ~OANOEE, VIRGINIA The 23rd day of July, 1990. No. 30175-72390. AN O~DINANCE to amend and reordain certain sections of the 1990-91 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Sanitation Hemlock Hills Storm Drain (1} ....................... Capital Improvement Reserve Public Improvement Bonds - Series 1988 (2) .......... $8,618,363 104,915 3,101,498 872,760 1) Appropriation From Bonds 2) Storm Drains (008-052-9655-9001} $ 104,915 (008-052-9603-9176) (104,915) BE IT FURT~m.R ORDAINED that, an emergency existing, Ordinance shall he in effect from its passage. ATTEST: this City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Hemlock Hills Storm Drainage Improvements from Guernsey Lane, N.W. to West Side Blvd., N.W. Roanoke, Virginia Roanoke, Virginia July 23, 1990 I concur with the recommendations of the attached Bid Committee Report. Respectfully submitted, W. Robert Herbert City Manager WRH/ES/mm Attachment: Bid Committee Report cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Citizens' Request for Service City Engineer Construction Cost Technician Roanoke, Virginia July 23, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Hemlock Hills Storm Drainage Improvements from Guernsey Lane, N.W. to West Side Blvd., N.W. Roanoke, Virginia I. Background: Project is located in the northwest quadrant of the City of Roanoke and consists of storm drainage improvements with 30 and 36 inch diameter pipe and drainage inlets extending from Guernsey Lane, N.W. to West Side Boulevard, N.W. for a distance of 1,184 feet. Project is required because of flat terrain and existing ina- dequate storm drainage facilities. This area has a long history of ponding and flooding with resulting damages to residential homes. C. Project was designed in-house and advertised for construction in the local paper on Sunday, May 27, 1990. City Council received and publicly opened bids for the pro- ject on Monday, June 18, 1990 with E. C. Pace Company, Inc. submitting a low base bid in the amount of $109~075.00. II. Current Situation: mo Review of bids revealed that an error was made by E. C. Pace Company, Inc. causing a reduction of $3~000.00 and thereby making their low base bid $106~075.00. Low base bid of $106~075.00 was 19.46% higher than the Engineer's estimate of $85~432.00 and was deemed to be excessive. Negotiations were carried out with E. C. Pace Company, Inc. in accordance with Article 14, Paragraphs 14.1 and 14.2 of the Instruction to Bidders and pursuant of §23.1-14 (c) of the Code of the City of Roanoke (1979), as amended, in an attempt to bring their low bid more in line with the Engineer's estimate. Page 2 III. Negotiations resulted in E. C. Pace Company, Inc. agreeing to reduce their bid amount further to a final bid amount of $99~915.00 which is 14.5% above the Engineer's estimate. These reductions occurred in the following construction items: 1. Cost of inlet structures reduced by 2. Cost of seeding reduced by 3. Cost of S-5 Asphalt reduced by Total Reduction Final negotiated bid amount $99~915.00. Issues in order of importance: A. B. C. $3,400.00 $1,000.00 $1,760.00 $6,160.00 Compliance with requirements of contract documents. Amount of bid Funds IV. Alternatives: Award a unit price contract to E. C. Pace Company, Inc. in the amount of $99~915.00 for the construction of the Hemlock Hills Storm Drainage Improvements. Compliance with the requirements of the contract docu- ments has been met in accordance with the Instructions to Bidders and § 23.1-14 (c) of the Code of the City of Roanoke (1979), as amended in negotiating the final bid amount with E. C. Pace Company, Inc. 2. Amount of bid is 14.5% above the Engineer's estimate but is considered reasonable and acceptable. 3. Funds are available in the Public Improvement Bonds - Series 1988, Storm Drain Account No. 008-052-9603-9176. Do not award a unit price contract to E. C. Pace Company, Inc. in the amount of $99~915.00 for the construction of the Hemlock Hills Storm Drainage Improvements. 1. Compliance with the requirements of the contract docu- ments would not be an issue at this time. Page 3 2. Amount of bid would not be an issue at this time but would probably be higher if bid at a later date. 3. Funds would not be expended at this time. V. Recommendation: Authorize the implementation of Alternative "A" and authorize the City Manager to execute a contract with E. C. Pace Company, Inc. in the amount of $99~915.00 for the construc- tion of the Hemlock Hills Storm Drainage Improvements in a form acceptable to the City Attorney. Authorize the Director of Finance to transfer $104~915.00 from the Public Improvement Bonds - Series 1988, Storm Drain Account No. 008-052-9603-9176 to a new account titled "Hemlock Hills Storm Drain" to be established by the Director of Finance to include $99~915.00 contact amount and $5~000.00 project contingency. Respectfully submitted, William White, Sr. J-- William F. Clark WW/ES/mm Attachment: Tabulation of Bids cc: City Attorney Director of Finance Citizens' Request for Service City Engineer Construction Cost Technician TABULATION OF BIDS HEMLOCK HILLS STORM DRAIN PROJECT FROM GUERNSEY LANE TO WEST SIDE BOULEVARD, N.W. ROANOKE, VIRGINIA PROJECT NO. 6137 Bids opened before Roanoke City Council on Monday, June 18, 1990 at 2:00 p.m. BID BOND BIDDER BASE BID RECEIVED E. C. Pace Company, Inc. $109,075.00 * YES Dixon Contracting, Inc. $119,970.00 YES Aaron J. Conner, General Contractor, Inc. $155,829.75 YES * Base Bid Price after negotiations - $99~915.00 Engineer's Estimate: $85,432.00 William F. Clark William White, Sr. ~kit ~. Kiser Office of City Engineer Roanoke, Virginia July 23, 1990 June 20, 1990 File #27 Mr. Robert A. Garland, Chairman ) Mr. William F. Clark ) Committee ~r. Kit B. Kiser ) Gentlemen: The following bids for Hemlock Hills Storm Drain Improvements from Guernsey Lane to ~est Side Boulevard, N. W., were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, June 18, 1990: BIDDER BASE BID TOTAL E. C. Pace Company, Inc. Dixon Contracting, Inc.* Aaron J. Conner General Contractors, Inc. $109,075.00 119,970.00 155,829.75 *See Alteration to bid On motion, duly seconded and adopted, the bids were referred you for tabulation, report and recommendation to Council. Mary F. Parker, CMC/AAE City Clerk to MFP:ra pc: Mr. Wilburn C. Dibling, Jr., City Attorney Room 456 Municipal Buildin9 215 Church Avenue S.W Roanoke. Virginia 24011 (703) 98 t-2541 Office of the City Clerk July 25, 1990 File #514 Mr. Richard R. Sayers Attorney P. O. Box 90 Roanoke, Virginia 24002 Dear Mr. Sayers: I am enclosing copy of Ordinal~ce No. 30130-72390 permanently vacating, discontinuing and closing a certain 20 foot alley running east and west between Bedford Street and Ashlawn Street, S. W. Ordinance No. 30130-?2390 was adopted by the Council of the City of Roanoke on first reading on Monday, July 9, 1990, also adopted by the Council on secona reading on Monday, July 23, 1990, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City .~anager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Tn levi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Co~issioner of Revenue Mr. Von ~. Moody, III, Director of Real Estate Valuation Mr. Michael M. ~aldvogel, Chairman, City Planning Commission ~r. L. Elwood Norris, Chairman, Board of Zoning Appeals ~r. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Mr. Richard R. July 25, 1990 Page 2 Sayers Mr. Ronald H. Miller, Building Commissioner and Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation Zoning Office of the City Clerk July 25, 1990 File #514 The Honorable Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching copy of Ordinance No. 30130-72390, for proper recordation in your office, which provides for the permanent vacating, discontinuing ana closing of a certain 20 foot alley running east and west between Bedford Street and Ashlawn Street, S. W. Ordinance No. 30130-72390 was adopted by the Council of the City of Roa~oke on first reading on Monday, July 9, 1990, also adopted by the Council on second reading on Monday, July 23, 1990, and will take effect ten days following the date of its second reading. Sincerely, City Clerk MFP:ra Enc. pc: Mr. Richard R. Virginia 24002 Sayers, Attorney, p. O. Box 90, Roanoke, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd day of July, 1990. No. 30130-72390. VIRGINIA, AN ORDINANCE permanently, vacating, discontinuing and closing cer- tain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Contracting Enterprises, Inc., has filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by $30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on July 9, 1990, after due and timely notice thereof as required by $30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from per- manently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: BEGINNING at the intersection of the easterly right- of-way line of Ashlawn Street, S. W., (60' R/W) and the southerly right-of-way line of a 20' alley, which point is N. 21' 16' E. 100 feet from the point of intersection of the easterly right-of-way line of Ashlawn Street, and the northerly right-of-way line of Russell Avenue, S. W., (60' R/W); thence with the easterly right-of-way line of Ashlawn Street, N. 21' 16' E. 20 feet to a point; thence S. 68' 44' E. 250 feet to a point in the westerly right-of-way line of Bedford Street (60' R/W); thence S. 21' 16' W. 20 feet to a point; thence N. 68' 44' W. 250 feet to the point of BEGINNING, be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right- of-way, reserving however, to the City of Roanoke and any public uti- lity, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other uti- lity or facility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of- way on ail maps and plats on file in his office on which said right-of-way is shown, referring to the book and page or ordinan- ces and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Contracting Enterprises, Inc., and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. Roanoke Cit~ Planning Commission July 9, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Contracting Enterprises, Inc., represented by Richard R. Sayers, attorney, that a certain 20 foot alley running east and west between Bedford Street and Ashlawn Street, S.W., be permanently vacated, discontinued and closed. I. Background: Alley as requested for closure is situated behind and to the rear of the business premises of the applicant, Contracting Enterprises, located at 2003 Russell Avenue, S.W., Applicant owns all of the properties abutting the subject alley. Alley does not serve as a secondary means of access to any other abutting properties or businesses. De Right-of-way of the alley is surrounded by buildings and is enclosed at one section by an overhead connection that extends between the abutting buildings. II. Current Situation: A. Application for closure was received on May 9, 1990. Be Purpose of the closure is not stated within the application. Buildings abutting the alley have loading docks that formerly or currently access and use the alley for loading purposes. Buildings located at 622 Ashlawn 355 Municipal Buildin~ 215 Church Avenue~ SW Roanoke, Virginia 24011 (703) 981~2344 III. Street (tax parcel 1321601) and 2009 Russell Avenue (tax parcel 1321605) are situated on separate lots and hav~ such loading docks that access into the alley. Planning Commission reviewed the subject application at its regula meeting of June 6, 1990. Issues: Neighborhood Impact: Closure would have no adverse effect on the immediate neighborhood and business community. Traffic Impact: Closure would have no effect on traffic or traffic needs in the area. C. Utilities within the public right-of-way: City fire department has a fire department engine connection for a sprinkler system serving 622 Ashlawn Street that is situated within the alley right-of-way at its intersection with Ashlawn Street (see attached memo). Appalachian Power Company has facilities in the alley right-of-way and has requested that the City retain an easement for same. Creation of a dead-end alley: Closure would not create a dead-end alley. Land use: Closure would create a 20' wide substandard, non-buildable lot (vacated alley). Subdivision plat should be prepared and submitted by the applicant, providing for the following: Combination of alley right-of-way with the applicant's abutting properties. Easements for City fire department sprinkler system connection and Appalachian Power Company facilities and any other easements that may be determined necessary. Relationship to the Comprehensive Plan: Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner. Alley serves the abutting properties of the applicant only. 2. Closure of the alley with adequate provision for future access for abutting lots will return the subject alley to a taxable status and relieve th~ City of future maintenance responsibilities. Abutting property owner could utilize the alley right-of-way in a more efficient manner. IV. Recommendation: The Planning Commission by a vote of 6 0 recommends to City Council that the applicant's request for closure be approved, subject to the following conditions: That the applicant agree to submit a plat of subdivision to the City for review, approval and recordation, combining the subject alley with the abutting properties, including any plans for proposed construction within the vacated alley right-of-way (if any) and providing thereon all of the above-cited necessary easements. Be That if such a plat of subdivision is not submitted, approved and recorded within a period of 12 months from the date of any ordinance providing for such closure, then said ordinance shall become null and void with no further action by City Council being necessary. Respectfully submitted, Michael M. Waldvogel, Roanoke City Planning Commission JRM:mpf attachments cc: Assistant City Attorney City Engineer Building Commissioner Petitioner Office of the City Clerk May 4, 1990 File #$14 Mr. Michael M. Wa ldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Wa ldvogel: Pursuant to §30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Mr. Richard R. Sayers, Attorney, representing Contracting Enterprises, Inc., a Virginia Corporation, requesting that a cer- tain twenty foot alley running east and w~st between Bedford Street and Ashlawn Street, S. W., located in Block 4, Section 3, ~ap of Roanoke Development Company, be permanently vacated, discontinued and closed. Sincerely, ,/'"~ Mary F. Parker, CMC/AAE City Clerk MFP:ra ST. CLOSESg Enc. pc: Mr. Richard R. Sayers, Attorney, P. O. Box go, ~irginia 24002 vMr. John R. Ma rlles, Agent/Secretary, City Planning Conwission Mr. Ronald R. Miller, Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Talevi, Assistant City Attorney Roanoke, Room4S& Municip41Building 21';Church Avenue.$.W.. Roanoke. Virgini4 24011 (703)g81-2541 IN RE: IN THE COUNCIL ~OF THE CITY OF ROANOKE, ) ) Application of Contracting ) Enterprises, Inc., a ) Virginia Corporation, for ) vacation of 20 foot alley ) between Bedford Street and ) Ashlawn Street ) VIRGINIA APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY MEMBERS OF COUNCIL: Contracting Enterprises, Inc., by Counsel, applies to have that certain 20 foot alley running east and west between Bedford Street and Ashlawn Street located in Block 4, Section 3, Map of Roanoke Development Company, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on Tax Appraisal Map Sheet No. 132 of the City of Roanoke and the Survey for Grove Properties, Inc. dated December 26, 1989, both of which are attached and as follows: BEGINNING at the intersection of the easterly right-of-way line of Ashlawn Street, S.W. (60' R/W) and the southerly right-of-way line of a 20' alley, which point is N. 21" 16' E. 100 feet from the point of intersection of the easterly right-of-way line of Ashlawn Street and the northerly right-of-way line of Russell Avenue, S.W. (60' R/W); thence with the easterly right-of-way line of Ashlawn Street, N. 21" ~6' E. 20 feet to a point; thence S. 68" 44' E. 250 eet to a point in the westerly right-of-way line of Bedford Street (60' R/W); thence S. 21" 16' W. 20 feet to a point; thence N. 68" 44' W..250 feet to point of BEGINNING. Contracting Enterprises, Inc. states that the grounds for this application are as follows: 1) Contracting Enterprises, Inc. owns all property adjoining the alley to be vacated. 2) The alley to be vacated is no longer used as a right-of-way or for any other purpose beneficial to the public. WHEREFORE, Contracting Enterprises, Inc. respectfully requests that the above described alley be vacated by the Council of the~City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, CONTRACTING ENTERPRISES, INC., A Virginia Corporation ~or ?etitioner 2 THIS PLAT IS SUBJECT TO INFORMATION WHICH MAY 8E DISCLOSED EY A TITLE REPORT 8Y A ~'ICENSED ATTORNEY. LIST OF PROPERTY OWNERS CONTRACTING ENTERPRISES, INC. 2003 Russell Avenue, S.W. Roanoke, Virginia 24015 Contact: Lucian Y. Grove, President Telephone No: 342-3175 LOCATION / ~,, £ PudLISHER~S FEE - ~11~o20 KICHARD K S~YER3 IlO0 c~,EsF~ dANK bLDb STALE OF VIK~INIA CITY CF ROANOKE AFFIDAVIT CF PUmLIC~r/GN I, iTHb dNOEK$iGNED) AN AUTHORIZED KEPKESENTATiVE CF TriE TIMbS-NONL¢ PORATION, ~HiCH COKPOKATION IS PUBLISHER DF THE ROA~OK~ TIMES & ~OKLD-NE~S~ A DAILY N~SPAPbFt PU~LIShE~ iN ROA;~OKE. IN THE YTATE OF ¥iR~I,~iA, DO CEKTIFY THAT T~iE ANNEXED NJTICE .AS PUuLiS~EO IN SAID NE~SP~EAS J~ tHE FOLLOWING DATES 00/22/'90 HL)Ni'i i NG Ob/29/gD iqtJKN ING ~ITNbSS~, T'~RU DA~ DF JULY 1990 AUTHO&iZEj SIGNATUKE Publisher's Fee $../.?...~,.'..?..~.~. STATE OF VIRGINIA I Affidavit CITY OF ROANOKE to wit: I~, ..... (..~.h..e...u..n..d.e..r..~..i.~.n..e..d.).. ...... -..,an officer TIMES-WORLD CORPORATION, which co poration is Publisher of the Roanoke Times World-News, a dally newspaper published : RoaBoke, in the State of VlrBtnia, do certify th: the ennexed notice was published in said new pa~er, on...~..~,....&~...:..~.,..~..: ............... ,. ............... ~.~ ..... ~.~..~....~,.~.~ ............... Witness, this .~..~..h.... day of ..~.u..~.y...!.9.?..o ........... NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, July 9, 1990, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to per- manently abandon, vacate, discontinue and close the following public right-of-way: BEGINNING at the intersection of the easterly right-of-way line of Ashlawn Street, S. W., (60' R/W) and the southerly right-of-way line of a 20' alley, which point is N. 21° 16' E. 100 feet from the point of intersection of the easterly right-of-way line of Ashlawn Street, and the northerly right-of-way line of Russell Avenue, S. W., (60' R/W); thence with the easterly right-of-way line of Ashlawn Street, N. 21° 16' E. 20 feet to a point; thence S. 68° 44' E. 250 feet to a point in the westerly right-of-way line of Bedford Street (60' R/W); thence S. 21° 16' W. 20 feet to a point; thence N. 68° 44' W. 250 feet to the point of BEGINNING. 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 20th day of June , 19 90 . Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, June 22, 1990, and once on Friday, June 29, 1990, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mr. Richard R. Sayers, Attorney P. O. Box 90 Roanoke, Virginia 24002 June 25, 1990 File #514 Mr. Richard R. Sayers Attorney P. O. Box 90 Roanoke, Virginia 24002 Dear Mr. Sayers: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your client, Contracting Enterprises, Inc., a Virginia Corporation, that a certain 20 foot alley running east and west between Bedford Street and Ashlawn Street, S. W., be permanently vacated, aiscontinued and closed. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, July 9, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S, W. For your information, I am also enclosing copy public hearing. Questions with regard to Commission report should be directed to Mr. Chief of Community Planning, at 981-2344. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk of a notice of the the City Planning John R. Marlles, MFP : r a PUBLIC59 Enc. Room 456 Municipal Duiiding 215 Church Avenue S W Roanoke, Virginia 24011 (703) 981-2541 Mr. Richard R. June 25, 1990 Page 2 Sayers pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Hr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael ~. ~aldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public ~orks Mr. Kit B. Kiser, Director of Utilities and Operations Hr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Co~issioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Es~tate Valuation Office of the City Clerk May 4, 1990 File #514 Mr. Michael M. Wa ldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to §30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Mr. Richard R. Sayers, Attorney, representing Contracting Enterprises, Inc., a Virginia Corporation, requesting that a cer- tain twenty foot alley running east and west between Bedford Street and Ashlawn Street, S. W., located in Block 4, Section 3, Map of Roanoke Development Company, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, C~C/AAE City Clerk MFP : ra ST. CLOSE59 Eno, pc: Mr. Richard R. Sayers, Attorney, P. O. Box 90, Virginia 24002 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Talevi, Assistant City Attorney Roanoke, Room456 MunicipaIBuilding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk July 25, 1990 File #514 Mr. Michael S. Webb P. O. Box 20669 Roanoke, Virginia 24018 Dear Mr. Webb: I am enclosing copy of Ordinance No. 30131-72390 permanently vacating, discontinuing and closing an alley located south of Lots 6 and ?. Official Tax Nos. 2112406 and 2112407, Block, 47, Rogers, Fairfax and Houston Addition. Ordinance No. 30130-72390 was adopted by the Council of the City of Roanoke on first reading on Monday, July 9, 1990, also adopted by the Council on second reading on Monday, July 23, 1990, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc o pc: Mr. & Mrs. James L. Jones, 2724 Meadowview Drive, N. W., Roanoke, Virginia 24017 Ms. Mary R. Waynick and Ms. Natalie Foster. c/o Mr. Andrew Roberts, III, 306 First Street, S. W.. Roanoke, Virginia 24011 Mr. W. Robert Herbert, City Manager Mr. Wiiburn C. Dibling, Jr.. City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr.. Commissioner of Revenue Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Mr.'Michael S. Webb July 25, 1990 Page 2 pc: Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation Office of the City Clerk July 25, 1990 File #514 The Honorable Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching copy of Ordinance No. 30131-72390, for proper recordation in your office, which provides for the permanent vacating, discontinuing and closing of an alley located south of Lots 6 and 7, Official Tax Nos. 2112406 and 2112407, Block 47, Rogers, Fairfax and Houston Addition. Ordinance No. 30130-72390 was adopted by the Council of the City of Roanoke on first reading on Monaay, July 9, 1990, also adopted by the Council on second reading on Monday, July 23, 1990, and will take effect ten days following the date of its second reading. ~...~ ~. [?)~j~Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Michael 24018 S. Webb, P. O. Box 20669, Roanoke, Virginia Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF HOANOKE, The 23rd day of. July, 1990. No. 30131-72390. VIRGINIA, AN'ORDINANCE permanently, vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, William D. Brown and Shelby B. Hill have filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by $30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on July 9, 1990, after due and timely notice thereof as required by $30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: Beginning at the southwest corner of Lot 6, Block 47 of Rogers, Fairfax and Houston Addition (D. B. 48, Page 452); thence with the southerly boundary of Lot 6, and Lot 7, Block 47 of said subdivision, S 69' 06' 50" E, 84.16 feet to a point; thence, crossing an existing alley with a new line and running along 10th Street, N. W., S 20' 42' 42" W, 15.00 feet to a point lying on the northerly boundary of Lot 15, Block 47, of said sub- division; thence with the northerly boundary of Lot 15 and Lot 14, Block 47 of said subdivision, N 69' 06' 50" W, 84.16 feet to the northwest corner of said Lot 14; thence crossing said alley N 20' 42' 42" E, 15.00 feet to the Place of BEGINNING, be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right- of-way, reserving however, to the City of Roanoke and any public uti- lity, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement pur- poses at the time such work is undertaken; such easement or ease- ments to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon the the applicants providing to the City a final subdivision plat for review, approval and recor- dation, dedicating therein an area sufficient to provide a turn- around, and the applicants providing a bond or performance guarantee to the City in an amount deemed sufficient by the City Engineer to construct the proposed turnaround and other required improvements attendant to the proposed subdivision; and, in the event these conditions have not been met within one (1) year from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being neces- sary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordi- nance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the names of William D. Brown and Shelby B. Hill, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. Roanoke Ci~ Planning Commission July 9, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from William D. Brown and Shelby B. Hill, represented by Michael S. Webb, that an alley located south of Lots 6 and 7 (tax parcels 2112406 and 2112407) in Block 47, Rogers, Fairfax and Houston Addition, be permanently vacated, discontinued and closed. Background: ae Alley section as requested for closure is the easterly end of an alley that extends from llth Street, N.W., to a dead-end at its conjunction with 10th Street, N.W. Reconstruction of 10th Street, N.W., resulted in the road grade of 10th Street being raised at least 20 vertical feet above the grade of the alley. Ce Alley riqht-of-wa¥ is 15' in width. Portion of alley requested for closure is 84.16' in length. Alley surface is composed of gravel. APPlicants own the properties situated on both sides of the alley portion requested for closure. Request to close the subject alley portion was initially received on April 3, 1990, and was scheduled to be heard at the Planning Commission's regular meeting of May 2, 1990. Fe Staff research revealed that the dimensions of the alley right-of-way as requested for closure at that time were inaccurate. Alley right-of-way dimensions in relation to Room 355 Municipal Building 215 Churah Avenue, SW Roanoke, Virginia 240t 1 (703) 981-2344 Roanoke City Council July 9, 1990 Page 2 abutting property lines had not been accurately and properly established in sufficient time for the matter to be reviewed by the Commission at its May 2, 1990, meeting. Applicant requested that the application be tabled for a period of 30 days in order to resolve the question of accuracy as related to property and right-of-way boundaries. Purpose of the closure is to utilize the land within the vacated alley portion in conjunction with the applicants' abutting properties and stone masonry business. Applicants have submitted a preliminary subdivision plat (see attached copy) depicting the precise area being requested for closure, and the area proposed for dedication to the City and preparation thereof, for use as a public turnaround at the proposed new terminus of the subject alley. Plannin~ Commission reviewed the subject application at it's regular meeting of June 6, 1990. II. Current Situation: ae ADplication for closure was initially received on April 3, 1990. Application was tabled and amended application was received on May 5, 1990. Be Portion of alley as requested for closure appears to serve no useful purpose as a "secondary means of access to abutting properties." Owner of property (Tax No. 2112407, Lot 5) abutting the alley area requested for closure, Mr. James Jones, appeared before the commission and expressed his concerns related to inadequate drainage facilities within the alley area. Mr. Jones also expressed concern about the existence of miscellaneous and unsightly debris, junk, stumps, etc., currently situated within the alley area. Mr. Jones did not express any opposition to the requested closure. Roanoke City Council July 9, 1990 Page 3 Plannin~ staff is not aware at this time of any opposition to this request for closure by any property owner abutting this alley system. III. Issues: Neighborhood Impact: Closure would not adversely effect the neighborhood or adjacent business community. Traffic Impact: Closure would have no effect on traffic or traffic needs in the area. C. Utilities within the right-of-way. City has an existing sanitary sewer line within the alley right-of-way. e 15' storm drainage easement will be provided and retained by recordation of a subdivision plat if the alley portion is vacated subject to the recommended conditions. Drainage problem exists within the alley right-of-way. e Applicant is in the process of filling the abutting property identified as official tax parcel no. 2112415. Raising of the elevation of the abutting lot will require and necessitate raising of an existing manhole and the installation of a drop inlet within the alley right-of-way. Se Subdivision review recommended as a condition to closure will require that the subject manhole be property raised and that a sufficiently sized storm drainage drop inlet be installed by the applicant to provide for adequate drainage needs within the alley area. De Creation of a dead-end alley: Closure will relocate the position of the alley's existing dead-end terminus to a point of 84.16' to the west. Ee Land use. Applicants' abutting property identified as tax parcel 2112415, has been partially filled with stone, dirt, asphalt, broken concrete, etc. Area has not been Roanoke City Council July 9, 1990 Page 4 graded or stabilized and the following existing conditions should be considered: Applicant is in the process of filling the abutting property at tax parcel 2112415. A field inspection on May 27, 1990, revealed that an existing storm drain drop inlet was blocked causing the easterly end of the alley and surrounding properties to flood during heavy rains. The subject drop inlet is located in close proximity to the area being filled by the applicant. Se Field inspection also revealed that no erosion and sediment control practices had been installed around the fill area to prevent erosion from blocking adjacent drainage systems. Type of fill appears to be inappropriate for building construction. Entire alley area needs to be cleaned up of miscellaneous debris. Work order has been executed for City crews to investigate and remove any blockage from the 10th Street storm drain pipe and to clean up and remove any miscellaneous debris from within the alley system. Relationship to the comprehensive plan. Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner. Alley portion requested for closure cannot serve as a secondary means of access to abutting property owners other than the applicants, who own the properties situated on both sides of the alley portion. e Alley's existing terminus is situated at a grade differential from 10th Street which makes an intersection thereto impossible. Applicant proposes to dedicate and construct an area suitable for a public turnaround at the proposed terminus of the existing alley. No paved or graveled turnaround exists in the current dead-end alley system. Roanoke City Council July 9, 1990 Page 5 Request is consistent with previous applications for alley closures in situations of existing dead-end alley systems. IV. Recommendation: The Planning Commission by a vote of 6 - 0 recommends to City Council that the applicant's request to close the subject portion of alley shown on the applicants' submitted preliminary subdivision plat, be approved, subject to the following conditions: That the applicant agree to provide to the City a final subdivision plat for review and approval and recordation, dedicating therein an area sufficient to provide an area suitable for a public turnaround and retaining thereon all necessary easements. Be That the applicant agree to provid4 the City with a bond or performance guarantee in an amount deemed sufficient by the City Engineer to construct the proposed turnarouhd and to provide for all other improvements required as a result of the City's review~and approval of the applicants' proposed subdivision. ~. That if the above conditions have not been met within one year from the date of the ordinance providing for such closure, that said ordinance shall become null-and void with no further action by City Council being necessary. ~.¢ t f3/llY submitted, Mi 'Waldvogel, chairman Roanoke City Planning Commission JRM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner Office of the City Clerk May 14. 1990 File #$14 Mr. Michael M. Wa ldvogel Chairman City Planning Co,~nission Roanoke, Virginia Dear Mr. Wa ldvogel: Pursuant to §30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code ~of the City of Roanoke (1979), as amended, [ am enclosing copy~of an amended application from Mr. Michael S. Webb, representing Mr. William O. Brown and Ms. Shelby B. Hill, requesting that an alley located south of Lots 6 and 7, Block 47, Rogers, Fairfax and Houston Addition, be permanently vacated, discontinued and closed. Mary. F. Parker, C/~C/AAE City Clerk MFP:ra ST. CLOSE$8 Eric. pc: MP. Michael S. Webb, P. O. Box 20669, Roanoke, 24018 I...~r. $ohn R. Ma riles, Agent/Secretary, City Planning Comission Mr. Ronald H. Miller, Zoning Administrator Mr. Ed~ard R. Tucker, City Planner ~r. Steven J. Tale¥i, Assistant City Attorney Virginia Room 456 Municipal Building Z15 Church Avenue, S.W. Roam)be. Virginia 24011 (703) g81-2541 IN THE COUNCIL OF THE CITY? OF 'RQANOKE,.~ VIRGINIA IN RE: -~ i ) APPLICATION FOR VACATING, Application of William D. Brown & ) DISCONTINUING AND CLOSING Shelby B. Hill for vacation of Alley ) OF ALLEY MEMBERS OF COUNCIL: William D. Brown and Shelby B. Hill, by Michael S. Webb, apply to have the alley located south of Lots 6 and 7 of Block 47 of Rogers, Fairfax and Houston Addition, (D.B. 48, Page 452), in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30- 14, Code of the city of Roanoke (1979), as amended. This Alley is more particularly described on the map attached and as follows: Beginning at the southwest corner of Lot 6, Block 47 of Rogers, Fairfax and Houston Addition (D. B. 48, Page 452); thence with the southerly boundarY of Lot 6, and Lot 7, Block 47 of said subdivision, S 69" 06' 50" E, 84.16 feet to a point; thence crossing an existing alley with a new line and running along 10th street, N. W., S 20' 42' 42" W, 15.00 feet to a point lying on the northerly boundarY of Lot 15, Block 47, of said subdivision; thence with the northerly boundary of Lot 15 and Lot 14, Block 47 of said subdivision, N 69° 06' 50" W, 84.16 feet to the northwest corner of said Lot 14; thence crossing said alley N 20' 42' 42" E, 15.00 feet to the Place of BEGINNING. William D. Brown and Shelby B. Hill state that the grounds for this application are aa follows: The applicants own the properties on both sides of this section of the dead end alley. Closing this section of the alley will allow the two properties to be combined and developed for their stone masonry business. WHEREFORE, William D. Brown and Shelby B. Hill respectfully request that the above described alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully Submitted, William D. Brown and Shelby B. Hill by Michael S. Webb May 7, 1990 I m m AD NOME,~R - 6Z014377 PUBLISHER'S F~E - ~118.~0 CITY uF ROANOKE C/O HARY F PARKER CITY CLERKS OFPICE ROCN 45b MUNICIPAL ~LDG ROANOKE Vq Z~Oll STATE OF ViRgINIA CiTY CF ~<OANW~.E AFFIDAVIT CF PUuLICATI~N i~ (THE UNDERSIGNED} REPRESENTAlIVE OF THE TI~ES-WORLU PORATIO~ ~HICH CORPL]RA¥ioN IS Pd~LiSHER OF lh~ ROANOK~ ~1~S ~ uAILY ~E~SPAPER PU~LISH~ IN RUANdKE~ THE STATE OF VIRGINIA~ DO CmRTIFY THAT TH~ ANNEXE~ NOTICE m~S PUULiSHEU IN NE.SPAPERS U~ THE FOLLUmIN~ 00/22/90 MORNING 06/29/90 MORNING ~ITNESS~ .DAY Of JULY ~ 1990 AUTrtORiZtD SI&NATuR~ A.~ -- 062014377 Publisher's Fee $....~..~.~.~?.... NOTICE OF PUlL. lC NIANINO TO W~OM IT MAY CONCERN: 'TM Council of tho Ci~Y of NMinoKO will hold I PUMIC ,Mrlfle on Mortally, July 9, ~ for I~ Inspection M STATE OF VIRGINIA ~ Affidavit CITY OF ROANOKE~ to wit: l, .... .(..t~ .%..,. ~ .~.?.r..~. ~.%,..% .~.) ....... -..,an officer TIMES-WORLD CORPORATION, which co potation is Publisher of the Roanoke Times World-News, a daily newspaper published Roanoke, in the State of Virginia, do certify th the annexed notice was published in said new June 22 - A.M. EDITION papers on ........................ . ................... . ....... June 29 - A.M. EDITION Witness, this 3~?.... day of ...z**~..~..~27.? ........... - . '. ....... NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, July 9, 1990, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to per- manently abandon, vacate, discontinue and close the following public right-of-way: Beginning at the southwest corner of Lot 6, Block 47 of Rogers, Fairfax and Houston Addition (D. B. 48, Page 452); thence with the southerly boundary of Lot 6, and Lot 7, Block 47 of said subdivision, S 69° 06' 50" E, 84.16 feet to a point; thence, crossing an existing alley with a new line and running along 10th Street, N. W., S 20° 42' 42" W, 15.00 feet to a point lying on the northerly boundary of Lot 15, Block 47, of said sub- division; thence with the northerly boundary of Lot 15 and Lot 14~ Block 47 of said subdivision, N 69° 06' 50" W, 84.16 feet to the northwest corner of said Lot 14; thence crossing said alley N 20° 42' 42" E, 15.00 feet to the Place of BEGINNING. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 20thday of June ~ 19 90 Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, June 22, 1990, and once on Friday, June 29, 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 June 25, 1990 File #514 Mr. Michael S. Webb P. O. Box 20669 Roanoke, Virginia 24018 Dear Mr. ~ebb: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of Mr. William D. Brown and Ms. Shelby B. Bill, that an alley located south of Lots 6 and 7. Official Tax Nos. 2112406 and 2112407, Block 47, Rogers, Fairfax and Houston Addition, be permanently vacated, discontinued and closed. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on .~onday, April 6, 1981, a public hearing on the abovedescribed request has been set for ~onday, July 9, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely~ ~t~.- Mary F. Parke r, CMC/AAE City Clerk MFP:ra PUBLIC58 Enc o Room 456 Mun~¢ipol Building 215 Church Avenue S~W Roanoke, Virginia 24011 (703) 981-2541 Mr. Michael S. ~ebb June 25~ 1990 Page 2 Mr. & Mrs. James L. Jones, 2724 Meadowview Drive~ N. W., Roanoke, Virginia 24017 Ms. Mary Ro ~aynick and Ms. Natalie Foster, c/o Mr. Andrew Roberts, III, 306 First Street, S. W., Roanoke, Virginia 24011 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr.. Commissioner of Revenue Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Wa ldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building~ Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation Office of the City Clerk May 14, 1990 File #514 Mr. Michael M. Wa ldvogel Chairman City Planning Commissio'n Roanoke, Virginia Dear Mr. Wa ldvogel: Pursuant to §30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended application from Mr. Michael $. Webb, representing Mr. William D. Brown and Ms. Shelby B. Hill, requesting that an alley located south of Lots 6 and 7, Block 47, Rogers, Fairfax and Houston Addition, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra ST.CLOSE56 Eno. pc: Mr. Michael S. Webb, P. O. Box 20669, Roanoke, 24016 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. $teven J. Talevi, Assistant City Attorney Virginia Room456 MunicipalBuilding 215Chu;ch Avenue, S.W. Roanoke. Virginia 24011 (703)981-2541 Office of the City Clerk April 3, 1990 File #514 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to §30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Mr. Michael S. Webb, representing Mr. William D. Brown and Ms. Shelby B. Hill, requesting that an alley located south of Lots 6 and 7, Block 47, Rogers, Fairfax and Houston Addition, be permanently vacated, discontinued and closed. Sincerely, ~ Mary F. Porker, CMC/AAE City Clerk MFP:ra ST. CLOSE58 Enc. pc: Mr. Michael S. Webb, P. O. Box 20669 Roanoke 24018 ' ' Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Talevi, Assistant City Attorney Virginia Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 LI~iVISDEN ASSOCIATES, P.C. ENGINEERS'SURVE¥ORS-PL~I~S April 2, 1990 Clerk, City of Roanoke 215 Church Avenue, S. W. Roanoke, VA 24011 Re: Brown and Hill Property Comm. $ 88-422 Dear Sir: The original and one copy of an application for closing of a portion of the alley running off llth Street, N. W. between Shenandoah Avenue, N. W. and Centre Avenue, N. W. along with a check in the amount of $100, a complete list of property owners affected by the proposed alley closure, and a plan showing the portion of the alley to be vacated are enclosed. Please refer the application to the Secretary of the Planning Commission for placement on the agenda. If any further information is needed, please contact this office. Very truly yours, LUMSDEN ASSOCIATES, P. C. Michael S. Webb MSW/ams Enclosures cc: Ms. Shelby Hill IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) ) APPLICATION FOR VACATING, Application of William D. Brown & ) DISCONTINUING AND CLOSING Shelby B. Hill for vacation of Alley) OF ALLEY MEMBERS OF COUNCIL: William D. Brown and Shelby B. Hill, by Michael S. Webb, apply to have the alley located south of Lots 6 and ? of Block 47 of Rogers, Fairfax and Houston Addition, (D.B. 48, Page 452), in the City of Roanoke, Virginia, permanently vacated, discontinued and closed subject to the dedication, construction and acceptance of an alternate turnaround located on a portion of Lot 4 of Block 47 of Rogers, Fairfax and Houston Addition, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This Alley is more particularly described on the map attached as follows: Beginning at the southwest corner of Lot 6, Block 47 of Rogers, Fairfax and Houston Addition (D.B. 48, Page 452) thence with the southerly boundary of Lot 6 and Lot 7, Block 4? of Rogers, Fairfax and Houston Addition S 69° 06' 50" E, 75.26 feet to a point; thence crossing an existing alley with a new line and running along 10th Street, N. W.,S 20° 42' 42" W, 41.5 feet to the northeast corner of the William D. Brown and Shelby B. Hill property; thence along the northerly boundary of said property N 69° 06' 50" W, 75.26 feet to the northwest corner of said property; thence with the easterly boundary of Lot 13, Block 47 of Rogers, Fairfax and Houston Addition and crossing the said alley N 20° 42' 42" E, 41.5 feet to the place of beginning. William D. Brown and Shelby B. Hill state that the grounds for this application are as follows: The applicants own the properties on both sides of this section of the dead end alley. Closing this section of the alley will allow the two properties to be combined and developed for their stone masonry business. The vacating, discontinuing and closing of the described portion of the alley shall be subject to providing an alternate turn-around on a portion of Tax Map Parcel 2112404. WHEREFORE, William D. Brown and Shelby B. Hill respectfully request that the above described alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully Submitted, William D. Brown and Shelby B. by Michael S. Webb April 2, 1990 Hill Property owners affected by proposed alley closure: Tax Number Name and Address 211-2405 James L. & Mary L. Jones 2724 Meadowview Drive, N. Roanoke, VA 24017 211-2413 211-2414 Mary R. Waynick & Natalie R. c/o Andrew Roberts, III 306 First St., S. W. Roanoke, VA 24011 Foster TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE ALLEY CLOSURE REQUEST OF: Request from William D. Brown and Shelby B. Hill, ) represented by Michael S. Webb, that an alley located ) south of Lots 6 and 7, on Centre Avenue, N.W., and )AFFI- north of lot 14, on Shenandoah Avenue, N.W., for a )DAVIT distance of 116.76 feet, said alley being perpendicular ) to 10th Street, N.W., be permanently vacated, discontinued) and closed. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 23rd of April, 1990, notices of a public hearing to be held on the 2nd day of May, 1990, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 2112405 2112413 OWNER~ AGENT OR OCCUPANT ADDRESS James L. and Mary L. Jones Mary R. Waynick & Natalie Foster c/o Andrew Roberts, III 2724 Meadowview Drive Roanoke, VA 24017 306 First Street, SW Roanoke, VA 24011 Martha Pace Franklin SUBSCRIBED AND SWOP~N to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of April, 1990. Notary Public My Commission Expires: TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE ALLEY CLOSURE REQUEST OF: Request from William D. Brown and Shelby B. Hill, represented by Michael S. Webb, that an alley located south of Lots 6 and 7, on Centre Avenue, N.W., and north of lot 14, on Shenandoah Avenue, N.W., for a distance of 84.16 feet, said alley being perpendicular to 10th Street, N.W., be permanently vacated, discontinued and closed. AFFI- DAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 25th of May, 1990, notices of a public hearing to be held on the 6th day of June, 1990, on the alley closure captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNERt AGENT OR OCCUPANT ADDRESS 2112405 2112413 James L. and Mary L. Jones Mary R. Waynick & Natalie Foster c/o Andrew Roberts, III 2724 Meadowview Drive Roanoke, VA 24017 306 First Street, SW Roanoke, VA 24011 ~tha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the Roanoke, Virginia, this 25th day of ~y,~0. My Commission Expires: Notary ~u~lic~ City of Office of the City Clerk July 25, 1990 File #$14 Michel Real Estate Partnership c/o Mr. Jim Knapp One R. E. Michel Drive Glen Burnie, Maryland 21061 Dear Mr. Knapp: I am enclosing copy of Ordinance No. 30132-72390 permanently vacating, discontinuing and closing a ten foot alley beginning at the intersection of the alley and Centre Avenue, running north and south 132.5 feet, and terminating at its intersection with a City alley running east and west between 24th and 25th Streets, between Centre Avenue and Shenandoah Avenue, H. W.; and an alley right-of-way running in a north/south direction along the east side of Lot 20, Official Tax No. 2310520, between 24th and 25th Streets, N. ~. Ordinance Ho. 3U132-72390 was adopted by the Council of the City of Roanoke on first reading on Monday, July 9, 1990, also aaopted by the Council on second reading on Monday, July 23, 1990, and will take effect ten days following the date of its second reading. Sincerely, ~l~t~J~,~,~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric. pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. ~aldvogel, Chairman, City Planning Commission Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 ~ichel Real Estate Partnership July 25, 1990 Page 2 Mr. L. Elwood Norris, Chairman. Board of Zoning Appeals Hr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation Office of the City Clerk July 25, 1990 File #514 The Honorable Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear ~iss Testerman: I am attaching copy of Ordinance No. 30132-72390, for proper recordation in your office, which provides for the permanent vacating, discontinuing and closing of a ten foot alley beginning at the intersection of the alley and Centre Avenue, running north and south 132.5 feet, and terminating at its intersection with a City alley running east and west between 24th and 25th Streets, between Centre Avenue and Shenandoah Avenue, N. W.; and an alley right-of-way running in a north/south direction along the east side of Lot 20, Official Tax No. 2310520, between 24th and 25th Sireets, N. W. Ordinance No. 30132-72390 was adopted by the Council of the City of RoanoKe on first reading on Monday, July 9, 1990, also adopted by the Council on second reading on Monday, July 23, 1990, and will take effect ten days following the date of its second reading. Sincerely, ~~ Mary F. Parker, C~C/AAE City Clerk MFP:ra Enc. pc: Michel Michel Real Estate Partnership, c/o Mr. Jim Knapp, One R. Drive, Glen Burnie, Maryland 21061 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 2401'1 (703) 98'1-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of July, 1990. No. 30132-72390. AN ~RDINANCE permanently, vacating, discontinuing and closing cer- tain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Michel Real Estate Partnership has filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by $30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on July 9, 1990, after due and timely notice thereof as required by $$15.1-364 and 15.1-482 of the Code of Virginia (1979), as amended, and $30-14 Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from per- manently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: (1) A ten foot alley beginning at the intersection of the alley and Centre Avenue, running north and south 132.5 feet, and terminating at its intersection with a City alley running east and west between 24th Street and 25th Street, between Centre Avenue and Shenandoah Avenue, said ten foot alley also lying between Official Tax Nos. 2310510, 2310511, 2310512 and 2310513. (2) An alley right-of-way running in a north/south direction along the east side of Lot 20, Official Tax No. 2310520, between 24th Street and 25th Street, be, and and and it hereby is, permanently vacated, discontinued and closed, that all right and interest of the public in and to the same be, hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right- of-way, reserving however, to the City of Roanoke and any public uti- lity, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other uti- lit¥ or facility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordi- nance shal! be spread. RE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing ~he same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Michel Real Estate Partnership, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. Roanoke City Planning Commission July 9, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Application of Michel Real Estate Partnership, a Maryland General Partnership, for vacation of 10 foot alley between 24th Street and 25th Street, and to further vacate any interest the City of Roanoke may have in any alley that may or may not exist along official tax parcels 231-0521 on the east side and 231-0520 on the west side. I. Background: ae Public alley 10' in width and 132.5' in length, as requested for closure and as shown as a public alley on the City's official appraisal maps, is located at the rear of A & N Auto Sales, which is situated on the southwest corner of 24th Street and Centre Avenue, N.W. Be Position of this alley right-of-way is difficult to determine without the benefit of an accurate survey. Alley right-of-way appears to be undeveloped and overgrown with weeds and foliage. Applicant has requested that the City vacate any interest it may have in any alley that may or may not exist along the east side of lot 20 between official tax parcels 2310521 and 2310520. The City's official appraisal map does not include or show any public right-of-way (alley or otherwise) at this location. Poom355 MunicipalBuilding 215 Chu~'d~ Avenue, SW. Roanoke, Virginia 24011 (703) 981-2344 Area along the east side of the subject lot 20 is overgrown with weeds and foliage and does not appear to have been used at any time in recent years foe purposes of vehicular access. II. Current Situation: Application to close and vacate the subject alley rights-of-way was received on May 17, 1990. Applicant owns all of the properties abutting the alley rights-of-way requested for closure. Applicant states that the purpose for the closure is to enable the applicant to consolidate his abutting properties and to provide for a proposed building expansion. Planning Commission reviewed the subject application at its regular meeting of June 1990. St III. Issues: Neighborhood Impact: Closure of the existing alley rights-of-way would have no effect on the immediate neighborhood or business community. Traffic Impact: Closure would have no effect on traffic or traffic needs in the area. CJ Utilities within the public right-of-way. There are no public or private utilities within the alley rights-of-way as requested for closure. Creation of a dead-end alley: create a dead-end alley. Closure would not Land use: Consolidation of the alley rights-of- way into the abutting properties will require a change in lot lines and will thus require the submittal of a subdivision plat. ~elationship to the Comprehensive plan: Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner. Land within the alley rights-of-way has remained idle and unproductive for many years. 2. Abutting property owner could utilize the land in a more efficient manner. Land within the rights-of-way would revert to a taxable status. IV. Recommendation: The Planning Commission by a vote of 6 ~ 0, Mr. Bradshaw, absent) recommends to City Council that the applicant's request to close and vacate the subject alley as shown on the City's official appraisal maps extending from an intersection with Centre Avenue in a southerly direction for 132.5' between tax parcels 2310511, 2310512, 2310513 and 2310510 be permanently closed and vacated. The Planning Commission further recommends to City Council that the applicant's request for the City to close and thereby vacate any interest the City may have in any alley that may or may not exist along the east side of lot 20 between tax parcels 2310521 and 2310520, be included in the ordinance effecting the subject closure. The above recommendation is subject to the following conditions: That the applicant agree to submit to the City for review, approval and recordation, a plat of subdivision verifying thereon that title has been established to the land within the vacated alley(s) and thereon combining said alley(s) into the abutting properties, as required by the City Subdivision Ordinance. That if said subdivision plat is not submitted and approved and recorded within a period of 12 months of the date of adoption of any ordinance providing for such closure, then said ordinance shall become null and void with no further action by City Council being necessary. Respectfully submitted, Michael M. Waldvogel, Roanoke City Planning Commission JRM:mpf attachments cc: Assistant City Attorney City Engineer Building Commissioner Petitioner Office of the City Clerk File #$14 Mr. Michael M. Wa Zdvoge/ Chairman City Planning Corr~nisaion Roanoke, Virginia Dear Mr. l~aldvogel: Pursuant to §30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979). as amended, I am enclosing copy of an application from Michel Real Estate Partnership, a Maryland General Partnership, requesting that a ten foot alley between 24th Street and 2$th Street, N. W. be permanently vacated, discontinued and closed. ' Sincerely, .~,~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra ST. CLOSESO ~nc. pc: Michel Real Estate Partnership, c/o Mr. Jim Knapp, Michel Drive, Glen Burnie, Maryland 21061 ,J/~r~. John R. Me riles, Agent/Secretary, City Planning Cor~nission Mr. Ronald H. Miller, Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Talevi, Assistant City Attorney One R. E. Room4$& MuflicipdlSuildmg 215Church Avenue. S.W. Roanoke. virgima 24011 (70.t) g81-2S41 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Application of Miche~ Real Estat~)~ Partnership, a Maryland General Partnership, for vacation of 10 foot alley between 24th Street and 25th Street, and to further vacate any interest the City of Roanoke may have in any alley that may or may not exist along east side of lot 20, between official tax parcels 231-0521 on the east side and 231-0520 on the west side. APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY MEMBERS OF COUNCIL: Michel Real Estate Partnership, applies to have that certain 10 foot alley running north and south between 24th Street and 25th Street, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, and to further vacate any interest the City of Roanoke may have in any alley that may or may not exist along the east side of lot 20, between tax parcels 231-0521 on the east side and 231-0520 on the west side (as shown on attached map), having a description as extending from Shenandoah Avenue to a city used alley, running east and west between 24th Street and 25th Street, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. The applicant. has been provided with a survey of his property prepared by Balzer and Associates, Inc.. The survey shows the existence of an &lley right-of-way, that is shown extending along the east side of lot 20, tax parcel 231-0520. The Cities official appraisal maps do not include or show this alley as a public right-of-way. The alley is however shown as a dedicate4 alley on at least one previously recorded subdivision plat. This applicant therefore, also request that the City of Roanoke vacate any interest-it may have in this alley right-of-way, that may or may not exist, along the easterly side of said lot 20. The 10 foot alley is more particularly described on Tax Map Sheet No. 231-0510 of the City of Roanoke which is attached and as follows: 10 foot alley beginning at the intersection of Centre Avenue and running north and south 132.5 feet and intersecting with a City alley running east and west between 24th Street and 25th Street, between Centre Avenue and Shenandoah Avenue. Michel Real Estate Partnership states that the grounds for this application are as follows: 1) Michel Real Estate Partnership owns all property adjoining the alley to be vacated 2) The alley to be vacated is no longer used as a right-of-way or for any other purpose benefical to the public 3) The petitioner desires to legally and physically consolidate their property for Proposed building expansion WHEREFORE, Michel Real Estate Partnership respectfully requests that the above described alley, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, code of the City of Roanoke (1979), as amended. Respectfully submitted, Michel Real Estate Part- nership, a Maryland General Partner~hin .W~ ~.. "-'-7 Date: LIST OF PROPERTY OWNERS Michel Real Estate Partnership 1R. E. Michel Dr. Glen Burnie, Maryland 21061 Contact: Jim Knapp P.C. Yezbak & Son, (412) 438-5543 ~ ~Jj I I I I eo$Ol'~Z · '" [ 0 LOCATION PUBLISHER'S HE~ - C/C MARY F PARKER CIIY CLuRKS dFFICE RQGM 450 MUNICIPAL bLDG KO~NO~E VA 24011 '9O STATb OF VIKbli~IA CITY CF ROANdKE AFFIDAVIT PdmLICATiO 4 1~ (ThE UNDERSIuNED) An; AUFHORIZED REPKEbENTATIVE CF TME TI~ES-WORLO COR- PORATIO~ ~HICH CO&PQmATIu~ IS PUi~LiSHER DAILY NE~SPqPE~ PU~LiShcC iN ROANOKE~ IN T~E STATE UF VIkGINIA~ DC CERTIFY fH~f TmE ANNEXED NOTICE NAS PUBLISHED IN SAID J4chSPAPER~ ~ THu FOLLOw, limb DATES 062020833 Ad Number .......................... ~ . 1'22.40 Publisher's r~ ~ .................. STATE OF VIRGINIA ~ Affidavit CITY OF ROANOKEJ to ~t: i, .... .(..~.%.2.=..~.?~.~.~.~.=..%.~.)_ ...... -..,an officer TIMES-WORLD CORPORATION, which co potation is Publisher of the Roanoke Times World-News, a daily newspaper published Roanoke, in the State of Virginia, do certify th the annexed notice was published in ,aid new pa~ers on....~. 2 .~..?..~...-....q:~ :..L%~.L~.?~ ........... June 29 - A.M. EDITION Witness, this .9..~..h.... day of ...;..~..~Z..!.a..a.? ........... · _ ,. . ....... '----~v.~,.~,~% NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, July 9, 1990, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application pursuant to Virginia Code Sections 15.1-364 and 15.1-482, and Section 30-14 of the Code of the City of Roanoke (1979), as amended, to per- manently abandon, vacate, discontinue and close the following public rights-of-way, to the extent the City has an interest in said public rights-of-way: (1) A ten foot alley beginning at the intersection of the alley and Centre Avenue, running north and south 132.5 feet, and terminating at its intersection with a City alley running east and west between 24th Street and 25th Street, between Centre Avenue and Shenandoah Avenue, said ten foot alley also lying between Official Tax Nos. 2310520 and 2310521. (2) An alley right-of-way running in a north/south direction along the east side of Lot 20, Official Tax No. 2310520, between 24th Street and 25th Street. 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 20th day of June , 19 90 Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, June 22, 1990, and once on Friday, June 29, 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 June 25, 1990 File #514 Michel Real Estate Partnership c/o Mr. Jim Knapp One R. E. Michel Drive Glen Burnie, Marylana 21061 Dear Mr. Knapp: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of Michel Real Estate Partnership, a ~aryland General Partnership, to vacate, discontinue and close the following public rights-of-way, to the extent the City has an interest in said public rights-of-way: A ten foot alley beginning at the intersection of the alley and Centre Avenue, running north and south 132.5 feet, and terminating at its intersec- tion with a City alley running east and west bet- ween 24th and 25th Streets, between Centre Avenue and Shenandoah Avenue. An alley right-of-way running in a north/south direction along the east side of Lot 20, Official Tax No. 2310520, between 24th and 25th Streets. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, July 9, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. ~. For your information, public hearing. Questions with regard to the City Commission report should be directed to Mr. John R. Chief of Co.unity Planning, at 981-2344. Sincerely, . ~~ Mary F. Parker, CMC/AAE City Clerk I am also enclosing copy of a notice of the Planning Marlles, MFP:ra PUBLIC60 Enc. Room 456 Municipal Buiidincj 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 Michel Real Estate June 25, 1990 Page 2 Partnership Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Wa ldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation Office of the City Clerk May 16, 1990 File #514 Mr. Michael M. Wa ldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Wa ldvogel: Pursuant to §30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Michel Real Estate Partnership, a Maryland General Partnership, requesting that a ten foot alley between 24th Street and 25th Street, N. W., be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/~E City Clerk MFP:ra ST. CLOSE60 Ene o pc: Michel Real Estate Partnership, c/o Mr. Jim Knapp, Michel Orive, Glen Burnie, Maryland 21061 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Ts levi, Assistant City Attorney One R. E. Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ') Application of Michel Real Estate's! ~ i~ Partnership, a Maryland General Partnership, for vacation of 10 foot alley between 24th Street and 25th Street, and to further vacate any interest the City of Roanoke may have in any alley APPLICATION FOR VACATING, DISCONTINUING AND CLOSING that may or may not exist along east side of lot 20, between OF ALLEY official tax parcels 231-0521 on the east side and 231-0520 on the west side. MEMBERS OF COUNCIL: Michel Real Estate Partnership, applies to have that certain 10 foot alley running north and south between 24th Street and 25th Street, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, and to further vacate any interest the City of Roanoke may have in any alley that may or may not exist along the east side of lot 20, between tax parcels 231-0521 on the east side and 231-0520 on the west side (as shown on attached map), having a description as extending from Shenandoah Avenue to a city used alley, running east and west between 24th Street and 25th Street, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. The applicant has been provided with a survey of his property prepared by Balzer and Associates, Inc.. The survey shows the existence of an alley right-of-way, that is shown extending along the east side of lot 20, tax parcel 231-0520. The Cities official appraisal maps do not include or show this alley as a public right-of-way. The alley is however shown as a dedicated alley on at least one previously recorded subdivision plat. This applicant therefore, also request that the City of Roanoke vacate any interest it may have in this alley right-of-way, that may or may not exist, along the easterly side of said lot 20. The 10 foot alley is more particularly described on Tax Map Sheet No. 231-0510 of the City of Roanoke which is attached and as follows: 10 foot alley beginning at the intersection of Centre Avenue and running north and south 132.5 feet and intersecting with a City alley running east and west between 24th Street and 25th Street, between Centre Avenue and Shenandoah Avenue. Michel Real Estate Partnership states that the grounds for this application are as follows: 1) Michel Real Estate Partnership owns all property adjoining the alley to be vacated 2) The alley to be vacated is no longer used as a right-of-way or for any other purpose benefical to the public 3) The petitioner desires to legally ~n~ physically consolidate their property for proposed building expansion WHEREFORE, Michel Real Estate Partnership respectfully requests that the above described alley, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, code of the City of Roanoke (1979), as amended. Respectfully submitted, Michel Real Estate Part- nership, a Maryland General Partnership Date: LIST OF PROPERTY OWNERS Michel Real Estate Partnership 1R. E. Michel Dr. Glen Burnie, Maryland 21061 Contact: Jim Knapp P.C. Yezbak & Son, (412) 438-5543 Office of the City Clerk July 25, 1990 File #51 Mr. Robert H. Fetzer Mr. Earle H. Shumate P. O. Box 1174 Roanoke, Virginia 24006 Gentlemen: I am enclosing copy of Ordinance No. 30133-72390 rezoning a tract of land containing 0.1492 acre, more or less, described as Lot 6, Block 6, Map of Villa Heights, 2410 Hanover Avenue, N. W., Official Tax No. 2320806, from RM-1, Residential Multi-Family, Low Density District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain conditions proffered by the petitioners. Ordinance No. 30133-72390 was adopted by the Council of the City of Roanoke on first reading on Monday, July 9, 1990, also adopted by the Council on second reading on Monday, July 23, 1990, and will take effect ten days following the date of its second reading. Sincerely, ~4ary F. Parker, CMC/AAE City Clerk MFP:ra Eric o pC: Mr. Ivan Winston, 5347 Luwana Drive, S. W., Roanoke, Virginia 24018 Mr. Richard H. Pennix, 4004 High Acres Road, N. W., Roanoke, Virginia 24017 Leo, Inc., 2545 South Clearing, Salem, Virginia 24153 Mr. & Mrs. David W. Andrews, 2401 Hanover Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Eric W. Otey, 2416 Hanover Avenue, N. ~., Roanoke, Virginia 24017 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Mr. Robert H. Fetzer Mr. Earle H. Shumate July 25, 1990 Page 2 pc: Ms. Lucy E. Claytor, 2405 Orange Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. James E. Harper, 2411 Orange Avenue, N. Roanoke, Virginia 24017 Ms. Edith Ellington, 2415 Orange Avenue, N. W., Roanoke, Virginia 24017 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd day of July, 1990. No. 30133-7Z390. VIRGINIA, AN ORDINANCE to amend )36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 232, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential Multi-Family, Low Density District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by $36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said appli- cation at its meeting on July 9, 1990, after due and timely notice thereof as required by $36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were to be heard, both for and against the proposed given an opportunity rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the described property should be rezoned as herein provided. hereinafter THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 232 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land containing 0.1492 acre, more or less, being Lot 6 of Block 6, Map of Villa Heights, and known as 2410 Hanover Avenue, N. W., designated on Sheet No. 232 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2320806 be, and is hereby rezoned from RM-1, Residential Multi-Family, Low Density District, to RM-2, Residential Multi-Family, Medium Density District, subject to those conditions proffered by and set forth in the Petition to Rezone filed in the Office of the City Clerk on May 14, 1990, and that Sheet No. 232 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission July 9, 1990 The Honorable Noel C. Taylor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Request from Robert H. Fetzer and Earle H. Shumate that property located at 2410 Hanover Avenue, N.W., official tax no. 2320806, be rezoned from RM-1, Residential Multifamily, Low Density District, to RM-2, Residential Multifamily, Medium Density District, such rezoning to be subject to certain conditions proffered by the petitioner. Background: Purpose of the rezoning is to permit the rehabilitation of an existing structure to contain three apartment units. The two bedroom units will provide approximately 850 square feet of living area. The one bedroom unit will provide approximately 575 square feet of living area. No expansion of the existing structure is proposed. Petition to rezone was filed on May 14, 1990. Proffered conditions are as follows: That the property will be developed in substantial compliance with the site plan prepared by the Owners, based on a survey by Balzer and Associates, Inc., dated April 23, 1990, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. 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 Room 355 Municipal Building 215 Church Avenue S W P,~)anoke, Virginia 24011 (703) 981-2344 Ce to RM-1 without further action by City Council. The property will be developed for a maximum of three apartment units. In response to staff suggestions, the petitioners have agreed to proffer that the existing residential character of the structure fronting on Hanover Avenue shall be maintained. New zonin~ ordinance requires 2,500 square feet of lot area for each dwelling unit constructed in the RM-2 district. The existing lot area is 6,500 square feet. A variance from the Board of Zoning Appeals would have to be obtained to accommodate the requested number of units. Plannin~ staff recommended approval of the request. Mr. Marlles noted that the property had been vacant and abandoned for about four years and that it was currently a blighting influence in the neighborhood. Mr. Marlles stated that the proffered conditions restricting density and architectural characteristics would help protect the residential character of the neighborhood. Plannin~ Commission public hearing held on June 6, 1990. Mr. Earle Shumate appeared before the Commission to sua~arize the request. Mr. Shumate stated that the project would be high quality and would maintain the residential character of the neighborhood. In response to a question from Mr. Sowers, Mr. Shumate stated that their survey of the property indicated that there was adequate space in the front yard to provide a handicapped parking space. Mr. Price stated that he was concerned that the rezoning might constitute spot zoning and asked why staff was recommending approval. Mr. Marlles stated that this situation was an appropriate application for conditional zoning and that the proffered conditions would protect the integrity of the surrounding residential neighborhood. There was no further discussion. There was no one present to speak in opposition to the request. II. III. Issues: Land use is presently a vacant residential structure. The existing duplex has been unoccupied for approximately four (4) years. Land use to the north, south, east and west is a combination of single family and two family residential development. Zonin9 is presently RM-1, Residential Multifamily, Low Density District. Zoning to the north, south, east and west is also RM-1. C. Traffic is not a significant issue. Neighborhood is a mixture of single family and two-family dwellings in various states of repair. E. Comprehensive Plan recommends: 1. Protecting neighborhood character. Encouraging a variety of housing choices in existing neighborhoods. Alternatives: A. City Council approve the requested rezoning. 1. Land use becomes multifamily (triplex). Zonin9 becomes RM-2, Residential Multifamily district subject to the proffered conditions restricting exterior appearance of structure and density. Traffic would not be a problem. The required four (4) off-street parking spaces can be accommodated on-site. Neighborhood character would be protected by the proffered conditions restricting the exterior appearance of the proposed triplex and site design. 5. Comprehensive Plan would be followed. B. City Council deny the rezoning request. Land use is unchanged. Existing structure would remain vacant and continue to deteriorate. Zoning remains RM-1 which is consistent with the surrounding zoning. 3. Traffic would not be a problem. e Neighborhood character would continue to be affected by a vacant and deteriorating structure. Comprehensive Plan would not be followed. IV. Recommendation: By a vote of 6 - 0 (Mr. Bradshaw absent), the Planning Commission recommended approval of the requested rezoning. The proposed rezoning addresses several objectives of the comprehensive plan including the need to provide a variety of housing choices in existing neighborhoods and appropriate infill development that is sensitive to the existing neighborhood character. Respectfully submitted, Michael M. Waldvogel, Roanoke City Planning Commission MMW:JRM:ew attachments cc: Assistant City Attorney City Engineer Zoning Administrator Petitioner Office of :he City Clerk ,Hay 15, 1990 2r. Michael ~. Wa ldvogel Chairman City Planning Commission Roanoke, Virginia Des, .~4r. Waldvogel Pursuant to Section 35.1-690(e) of the Code of the City of Roanoke (1979), as amended, [ am enclosing copy of a petition from Messrs. Robert H. Fetzer and Earle H. Shumat~, requesting that a tract of land containing 0.1492 acre, more or less, lying at Block $, Lot 6, Villa Heights, 2410 Hanover Avenue, N. ~., Official Tax No. 2320806, be rezoned from ~M-1, Residential ~ulti-Family, Low Density District, to RM-2, Residential ~ulti-Family, Medium Density District, subject to certain con- ditions proffered by the petitioner. Sincerely, ~lary F. Parker, C~IC/AAE City Clerk ,~FP:ra REZONE4 Enc. pc: ~essrs. Robert B. Fetzer and Earle H. Shumate, p. 1174, Roanoke, Virginia 24006 Mr. John R. ~larlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator br. Steven J. Talevi, Assistant City Attorney O. Box Ro~m456 MunicipatBudding 215Church Avenue. S.W. Roanoke, Virginia 24011 (703)$81-2S41 zN THE-COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying at Block 6, Lot 6,. ) PETITION Villa Heights, 2410 Hanover Ave., N.W., Tax Map #232-08-06 ) TO from RM-1 to RM-2. ) REZONE '~0 THE HONORABLE MAYOR AND M~MBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Robert H. Fetzer and ~arle H. Shumate, own land in the City of Roanoke containing 0.1492 acres, more or less, located at 2410 Hanover Ave., N.W., Tax Map No. 232-08-06. Said tract is currently zoned RM-1. Maps of the property to be rezoned are attached as Exhibit A. Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from RM-I District to RM-2 District, for the purpose of converting a single f~!ly residence to a triplex. The Petitioners believe the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will return a delinquent building to the tax rolls, provide additional quality housing for low-income residents, and provide at least one unit for low-income, elderly, or handicapped residents of the City. The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, ~hat the rezoning will be subject to, and that the Petitioners will abide by, the following conditions: That the property will be developed in substantial compliance with the site plan prepared by the Owners, based on a survey by Balzer & Associates, Inc., dated April 23, 19~0, a copy of. which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. That if no building permit has been issued and no construction co~,~enced within 3 years from the date of final zoning approval, the zoning shall revert to RM-1 without further action by City Council. The property will be developed for a ~aximum of three apartment units. Attached as Exhibit C are the names, addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHF~REFORE, the Petitioners request 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 14th day of May 1990. Respectfully submitted, EXHIBIT C Mr. Ivan Winston 6308 Hidden Hill Circle Roanoke, VA. 24018 Tax .~ap #2320807 (2406 Hanover) Mr. Richard H. Pennix 4004 High Acre Rd., N.W. Roanoke, VA. 24017 Tax Map #2320112 (2415 Hanover) Escheator for the Commonwealth of Virginia Tax Map 2320113 (2411 Hanover Ave) Mr. & Mrs. David W. Andrews 2401 Hanover Ave., N.W. Roanoke, VA. 24017 Tax Map #2320114 (2405 ~anover) Mr. & Mrs. Eric W. Otey 2416 Hanover Ave., N.W. Roanoke, VA. 24017 Tax Map #2320805 (2416 Hanover) Ms. Lucy E. Claytor 2405 Orange Ave., N.W. Roanoke, VA. 24017 Tax Map #2320815 (2405 Orange) Mr. & Mrs. Janes E. Harper 2411 Orange Ave., N.W. Roanoke, VA. 24017 Tax Nap #2320814 (2411 Orange) Ms. Edith Ellington 2415 Orange Ave., N.W. Roanoke, ¥A. 24017 Tax Map ~2320813 (2415 Orange) Buil i Inc. General Contractors ~y 10, 1990 ~r. John HarLtee Pl---in~ Depar~nen~ Municipal Building, Room 355 215 Church Ave., Roanoke, Yl. 2~011 John, lC was a pleasure enet~,S b-ich yon concernin~ our proposed resonia~ o£ 2410 ~anover Avenue. N.Y. I have revised Oho petition for rezont.I an you suuseced. T have also enclosed some %e~ore~ and "-,veer" p~e~raphs o~ ,.',,.~ property aC 232& Ors-se Avenue, N.W. Thin property vas renoned frou aiasle £aaily Co duplex use about £oar years ago and eubeequenCly renovated ia a Banner elailar Co chaC which we are proposiaa for Ranover Avenue. I have also included a copy of che work wviC~-up ~hich we sub~LcCed Co ~ R~o~ Redevelo~c a ~ Au~o~cy ~C d~ ~ r~ovl~o~ ~ ~ To 8ire yon acme background on che pFoper~y, it iC is app~enC f~ the 8~fiti nd clctm of ~ ht~ th-I lC b ~ a ~ouC for 1~1 ~. ~ inC~C la tor~t~eit ~o ~ o~ ica int~d ~h~o to b a q~ ~. ~ or b~~m h~ ny Sr. Vice Pre~Lden~ ~nS/bm ~ 20 Day Ave.. $.W. - (703) 982-8200 P. O. Box ~ ~ 74 Roanoke. Vlrglnla 24(]06 [Fax} 982-8543O &L . ~' ~/~ ~W EXHIBIT C Mr. Ivan Winston 6308 Hidden Hill Circle Roanoke, VA. 24018 Tax Map ~2320807 (2406 Hanover) Mr. Richard H. Pennix 4004 High Acre Rd., N.W. Roanoke, VA. 24017 Tax Map {2320112 (2415 Hanover) Escheator for the Commonwealth of Virginia Tax Map 2320113 (2411 Hanover Ave) Mr. & Mrs. David W. Andrews 2401 Hanover Ave., N.W. Roanoke, VA. 24017 Tax Map #2320114 (2405 Hanover) Mr. & Mrs. Eric W. Otey 2416 Hanover Ave., N.W. Roanoke, VA. 24017 Tax Map ~2320805 (2416 Ha.over) Ms. Lucy E. Claytor 2405 Orange Ave., N.W. Roanoke, VA. 24017 Tax Map #2320815 (2405 Orange) Mr. & Mrs. James E. Harper 2411 Orange Ave., N.W. Roanoke, VA. 24017 Tax Map ~2320814 (24110ranSe) Ms. Edith Ellinston 2415 Oranse Ave., N.W. Roanoke, VA. 24017 Tax Map ~2320813 (2415 Oranse) LOCATION. / / Ill PUoLISHEE'S FeE CITY OF C/~ ~qAKY F PARAER CITY CLERKS OFFICE ROOM ROANOKE VA 24011 STATE OF VIRGINIA CI1Y OF ROANOK: AFFIDAVIT OF PU~L ICAT I Ob, 1, (TmE UNDERS1GNiO) APg AUTHORIZED REPRESENTATIVE GF [~ TIMEb-wCRLD CUR- POEATIUN~ WHICH C~?OR~TIUN IS PU~LISHEK OF THE ROANOKE TI~qES & ~Ci<Lo-NE~S~ A D~ILY NENSPAPEA Pu~LISHEU IN AOANOAE~ IN TNt STATE Ob VIRGINI~ DC CERTIFY [HAT THE ANNEXED NOEICE dAS PUBLISHED IN SAI~ NEmSPAPERS CN THE FOLLUwING DATES 0~/22/90 00/29/90 .ITNESS, .q--~bt'~S').~ 3RD DAY OF JULY 1990 ~ol r~ORIZEO SIGNArO~c 1'mM~VorJd Co~meuuoe, ~01 Vm~ Campb~l! Avenue, P.O. Box 2491. J~amJoke, %'ir~il 24010 062121928 Ad Number .......................... 97.20 Publisher'0 Fee $ .................. STATE OF VIRGINIA } Affidavit CITY OF ROANOKE to wit: i, ..... (..%~..e..2~?.~.s..~.~.%.~.~ ...... -..,an officer o! "lIMES-WORLD CORPORATION, which cot- poration is Publisher of the Roanoke Times & World-News, a daily newspaper published in Roal~oke, ha the Sta~ of Vh-fflnia, do c~rtli~' tha! the annexed notice was published in said news. June 22 - A.M. Edition papers on ..................................................... June 29 - A.M. Edition Witness, this 9th dayof July 1990 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, July 9, 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 RM-1, Residential Multi-Family, Low Density District, to RM-2, Residential Multi-Family, Medium Density District, the following property: A tract of land containing 0.1492 acre, more or less, being Lot 6 of Block 6, Map of Villa Heights, and known as 2410 Hanover Avenue, N.W., and bearing Official Tax No. 2320806. 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. Ail parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 20th day of June , 1990 Mary F. Parker, City Clerk Please publish in full twice, once on Friday, June 22, 1990, and once on Friday, June 29, 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 June 25, 1990 Mr. Robert H. Fetzer Mr. Earle H. Shumate P. O. Box 1174 Roanoke, Virginia 24006 Gentlemen: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant your request that a tract of land containing 0.1492 acre, more or less, described as Lot 6, Block 6, Map of Villa Heights, 2410 Hanover Avenue, N. W., Official Tax No. 2320806, be rezoned from RM-1, Residential Multi-Family, Low Density District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain conditions proffered by the petitioners. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for ~onday, July 9, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. "~'~ ~'~ ~'S i n c e r e l y ' ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra PUBLIC4 Eno o Room 456 MuniciDol Building 2t5 Church Avenue S.W Roanoke, Virginia 24011 (703) 981-2541 Mr.'Robert H. Fetzer Mr. Earle H. Shumate June 25, 1990 Page 2 pc: Mr. Ivan Winston, 5347 Luwana Drive, S. W., Roanoke, Virginia 24018 Mr. Richard H. Pennix, 4004 High Acres Road, No W., Roanoke Virginia 24017 Leo, Inc., 2545 South Clearing, Salem, Virginia 24153 Mr. & Mrs. David W. Andrews, 2401 Hanover Avenue, N. W. Roanoke, Virginia 24017 Mr. & Mrs. Eric W. Otey, 2416 Hanover Avenue, Roanoke, Virginia 24017 Ms. Lucy E. Claytor, 2405 Orange Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. James E. Harper, 2411 Orange Avenue, N. W., Roanoke, Virginia 24017 Ms. Edith Ellington, 2415 Orange Avenue, N. ~., Roanoke, Virginia 24017 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Co~ission, Po 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. ~ld¥ogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. ~iller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation Office of the City Clerk May 15, 1990 Mr. Michael M. Wa ldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Wa ldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Messrs. Robert H. Fetzer and Earle H. Shumate, requesting that a tract of land containing 0.1492 acre, more or less, lying at Block 6, Lot 6, Villa Heights, 2410 Hanover Avenue, N. W., Official Tax No. 2320606, be rezoned from RM-1, Residential Multi-Family, Low Density District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain con- ditions proffered by the petitioner. Sincerely, Mary F. Parker, C~C/AAE City Clerk MFP:ra REZONE4 Enc. pc: Messrs. Robert R. Fetzer and Earle H. Shumate, P. 1174, Roanoke, Virginia 24006 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald B. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney O. Box Room 456 MunicipaIBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST O~i.~ Request from Robert H. Fetzer and Earle H. Shumate ) that property located at 2410 Hanover Avenue, N.W., ) official tax no. 2320806, be rezoned from RM-1, ) Residential Multifamily, Low Density District, to )AFFIDAVIT RM-2, Residential Multifamily, Medium Density District,) such rezoning to be subject to certain conditions ) proffered by the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 25th of May, 1990, notices of a public hearing to be held on the 6th day of June, 1990, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNERt AGENT OR OCCUPANT ADDRESS 2320807 Mr. Ivan Winston 5347 Luwana Dr., SW Roanoke, VA 24018 2320112 Mr. Richard H. Pennix 4004 High Acre Rd., NW Roanoke, VA 24017 2320113 Leo Inc, 2545 S. Clearing Salem, VA 24153 2320114 Mr. & Mrs. David W. Andrews 2401 Hanover Ave., NW Roanoke, VA 24017 2320805 Mr. & Mrs. Eric W. Otey 2416 Hanover Ave., NW Roanoke, VA 24017 2320815 Ms. Lucy E. Claytor 2405 Orange Ave., NW Roanoke, VA 24017 2320814 Mr. & Mrs. James E. Harper 2411 Orange Ave., N-W Roanoke, VA 24017 2320813 Ms. Edith Ellington 2415 Orange Ave., NW Roanoke, VA 24017 ' ~Martha Pace F~ranklin SUBSCRIBED AND SWORN to befores, a Notary~Public, Roanoke, Virginia, this 25 th day o~a~0.~/ My Commission Expires: N~tary lP~bli~ ~/ in the City of Office of the City Clerk July 25, 1990 File #51 Mr. Daniel F. Layman, Jr. Attorney P. O. Box 720 Roanoke, Virginia 24004 Dear Mr. Layman: I am enclosing copy of Ordinance No. 30134-72390 rezoning the eastern portion of a lot bearing Official Tax No. 4020801 lying between Elm Avenue, South Jefferson Street, Williamson Road, and Highland Avenue, S. E., from LM, Light Manufacturing District, to C-1, Office District. Ordinance No. 30134-?2390 was adopted by the Council of the City of Roanoke on first reading on Monday, July 9, 1990, also adopted by the Council on second reading on ~onday, July 23, 1990, and will take effect ten days following the date of its second reading. Sincerely, City Clerk MFP:ra Eno. pc: N & ~ Railway Company, Eight North Jefferson Street, Roanoke, Virginia 24011 J ~ S Properties, p. O. Box 14105, Roanoke, Virginia 24038 Lewis D. Brown, et al, c/o Ms. Sallie Garst, 1401 Second Street, S. W., Roanoke, Virginia 24016 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Chumh Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Mr. Daniel F. July 25, 1990 Page 2 Layman, Jr. pc: Mr Mr Mr Mr Mr Mr Mr, Administrator Mr. John R. Commission Ms. Doris Layne, Von W. Moody. III, Director of Real Estate Valuation Michael M. Waldvogel, Chairman, City Planning Commission L. Elwood Norris, Chairman, Board of Zoning Appeals William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner and Zoning Marlles, Agent/Secretary, City Planning Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd day of July, 1990. No. 30134-72390. VIRGINIA, AN ORDINANCE to amend 936.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone ~ap, City of Roanoke, to rezone certain property within the City. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from L~, Light Manufacturing District, to C-l, Office District; ~ld WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by $36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the ~tter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on July 9, 1990, at 7:30 p.m., after due and timely notice thereof as required by 936.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be ~eard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the reco~endation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402 of the Sectional 1976 Zone Nap, City of Roanoke, be amended in the following particular and no other: Property described as the eastern portion of a lot lying between Elm Avenue, S. E., South Jefferson Street, Williamson Road, S. E., and Highlaad Avenue, S. E., designated on Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Number 4020801 be, and is hereby rezoned from LM, Light Manufacturing District, to C-1, Office District, and that Sheet No. 402 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke Ci~/Planning Commission J~.lly 9, 1990 The Honorable Noel C. Taylor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Community Hospital of Roanoke Valley, represented by Daniel F. Layman, Jr., attorney, that the eastern portion of lot bearing official tax no. 4020801, be rezoned from LM, Light Manufacturing District, to C-l, Office District. I. Backqround: Purpose of the rezoning is to permit the construction of three additional floors onto an existing parking structure serving Community Hospital and related medical facilities. Existin~ parkin~ structure is located partly in the C-l, Office District and partly in the LM, Light Manufacturing District. Portion of the parking garage located in the LM District, on the eastern portion of parcel no. 4020801, became a non-conforming structure with the adoption of the new zoning ordinance in 1987. Enlargement of non-conforming uses and structures is severely restricted. Petitioner is, therefore, proposing to extend the C-1 district to include the entire parking structure and site. De Plannin~ staff recommended approval of the request. Mr. Marlles stated that the proposed rezoning was a housekeeping matter and should be approved. Plannin~ Commission public hearing held on June 6, 1990. Mr. Dan Layman, attorney, appeared before the 355 Municipal Building 215 Churdn Avenue~ SW~ Poanoke, Virginia 24011 (703) 981-2344 II. Commission on behalf of Community Hospital. Mr. Layman noted that most of the hospital's property was zoned C-1 and that they could not get a building permit to expand the existing parking structure because a portion of the garage was in the LM zoning district making it non-conforming. No one was present to speak in opposition to the request. Issues: Zoning of site and parking structure is presently C-l, Office District and LM, Light Manufacturing District. Adjoining properties to the north and west of the subject area including the hospital and related medical offices/facilities are zoned C-l, Office District. Area to the east and south is zoned LM, Light Manufacturing District. Land use remains the same, structured parking garage. Number of parking spaces is projected to increase from 560 spaces to 908 spaces. Land use to the north is institutional, Community Hospital. Land uses to the west are medical offices and surface parking. Land use to the east is Williamson Road/I-581. Utilities are available and can accommodate the proposed addition to the parking garage. D. Traffic can be accommodated. Neighborhood is a mixture of office, parking facilities and medical-related uses. F. Comprehensive Plan recommends that: Neighborhood character and environmental quality be protected. New commercial development be encouraged that is well designed and compatible with existing land uses. III. Alternatives: A. City Council approve the rezoning request. Zoning of the eastern portion of parcel no. 4020801, which includes the portion of the existing parking structure which is presently non-conforming, changes from LM to C-1 consistent with the use of the property and the rest of the hospital complex. Land use is unchanged. Number of parking spaces available to accommodate medical facilities increases from 560 to 908. 3. Utilities are available and adequate. Traffic and access can be accommodated. Major points of ingress and egress remain the same. 5. Neighborhood impact would be minimal. 6. Comprehensive Plan would be followed. B. City Council deny the requested rezoning. Zoning of parcel no. 4020801, and a portion of existing parking structure, would remain LM, Light Manufacturing District. Ability to expand or make substantial improvements to portion of the parking structure located in LM zone would be severely restricted. Land use would remain a structured parking garage. 3. Traffic would be unaffected. 4. Neighborhood would be unaffected. 5. Comprehensive Plan would not be followed. IV. Recommendation: By a vote of 6 - 0 (Mr. Bradshaw absent), the Planning Commission recommends approval of the requested rezoning. The proposed rezoning is consistent with the existing land use and zoning pattern in the area. In addition, the rezoning would correct an existing non-conformity. Respectfully submitted, Michael M. Waldvogel, C~airman Roanoke City Planning Commission JRM:ew attachments cc: Assistant City Attorney City Engineer Building Commissioner Petitioner's Attorney May 30, 1990 Mr. Michael M. Wa ldvogel Chairman City Planning Com~nis$ion Roanoke, Virginia Dear Mr. We ldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, ! am enclosing copy of an amended petition from Mr. Daniel F.- Layman, Jr., Attorney, representing Coat, unity Hospital of the Roanoke Valley, requesting that two parcels of land lying between Elm Avenue, Jefferson Street, Williamson Road and Highland Avenue, S. E., Official Tax Nos. 4020801 and 4020101, be rezoned from LM, Light Manufacturing District, to C-1, Office District. Sincerely, ~~ ~ary F. Parker, CMC/AAE City Clerk MFP : ra REZOHE$ Enc. pc: Mr. Daniel F. Layman, Jr., Attorney, P. O. Box 720, Roanoke, Virginia 24004 ~. John R. Ma riles, Agent/Secretary, City Planning Commission Mr. Ronald H. ~iller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room 456 Munlcil:~ll Building 215 Churc~ Avenu~ S.W I~oano~¢., Virgini¢~ 2401 t (703) 981-2541 VIRGINIA: IN THE COUNCIL OF THE CITY OF~ ROANOKE IN RE: Rezoning of the Eastern Portion of the ) Lot Bearing Official Tax No. 4020801 ) from LM, Light Manufacturing District, ) to C-l, Office District ) AMENDED PETITION FOR REZONING TO: The Honorable Mayor and Members of the Council of the City of Roanoke (1) The petitioner, COMMUNITY HOSPITAL OF ROANOKE VALLEY, is the owner of two (2) parcels of land lying between Elm Avenue, S.E., S. Jefferson Street, Williamson Road, S.E., and Highland Avenue, S.E. and bearing Official Tax Nos. 4020801 and 4020101. A copy of a portion of Appraisal Map Sheet 402 showing these two parcels is attached to this petition as Exhibit A. (2) As reflected on Exhibit A, the eastern portion of parcel 4020801 is zoned LM, Light Manufacturing District, while the remainder of parcel 4020801 and all of parcel 4020101 are zoned C-1, Office District. (3) The eastern portions of parcels 4020801 and 4020101 are the location of a structured parking facility which serves the various operations of petitioner. A plat showing the zoning district line and the footprint of the parking structure is attached to this petition as Exhibit B.' The parking struc- ture is thus located partly in the C-1 district and partly in the LM district. (4) When it was originally constructed, the hospital facility was a permitted use in its C-1 zoning district under the zoning regulations in effect prior to May 27, 1987. Under the new zoning ordinance which went into effect on that date, however, hospitals and their accessory retail, service and other facilities are permitted in the C-1 district only by special exception. Nevertheless, under Section 36.1-598 of the City Code, uses in existence on May 27, 1987 which would require a special exception under the new zoning ordinance are deemed conforming, rather than nonconforming, uses. The portion of the hospital and accessory facilities within the C-1 district is therefore now a conforming use. (5) Hospital facilities are not, however, permitted in the LM district, even by special exception. The portion of the hospital parking structure which is located in the LM district on the eastern portion of tax parcel n,,mher 4020801 is there- fore now a nonconforming use and has been nonconforming since adoption of the new zoning ordinance in 1987. (6) Petitioner desires to add one or more floors to the existing parking structure. Enlargement of nonconforming uses is, however, prohibited by Section 36.1-594 of the City Code. Petitioner therefore proposes to extend the C-1 district, which now includes the northern portion of the parking structure, south and east toward Williamson Road so that it will cover all of tax parcel 4020801 and the entire parking structure, -2- bringing the parking structure within the same zone as the other components of the hospital facility. (7) Accordingly, pursuant to Article VII of Chapter 36.1 of the Code of the City of Roanoke (1979), petitioner Community Hospital of Roanoke Valley requests that the eastern portion of tax parcel 4020801 shown marked in orange on Exhibit A to this petition be rezoned from LM, Light Manufacturing District, to C-l, Office District. (8) A list of the owners (other than petitioner) of the property abutting that to be rezoned is attached to this petition as Exhibit C. (9) This request constitutes an extension of an existing C-1 district and therefore does not violate the restriction in ~36.1-690(g) of the City Code. WHEREFORE, Community Hospital of Roanoke Valley requests that the above-described parcel be rezoned as herein set forth in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Daniel F. Layman, Jr., Esq. Woods, Rogers & Hazlegrove P. O. Box 720 Roanoke, VA 24004 Respectfully submitted, COMMUNITY HOSPITAL OF ROANOKE Counsel for Community Hospital of Roanoke Valley -3- 476 Exhibit C Parcel No. 4020814 4021504 4021505 East of subject property Owner J and S Properties P. O. Box 14105 Roanoke, VA 24038 Lewis D. Brown et al. c/o Sallie Garst 1401 2nd Street, S.W. Roanoke, VA 24016 Norfolk & Western Railway 8 North Jefferson Street Roanoke, VA 24011 VINTON PUoLISHEk'$ FEE - ~,b2.od OANJ, dL F LAYMAN aOX 7ZO ROANOKE VA STA[c dF VIi<~INIA CITY OF KOANOK~ AFFIOAvIT OF It {THE UND~RSIGNmD~ AN AUTHOAIZED REPRESENTATIVE OF IHE TIMmS-~URLD COR- P~RATION~ ~HICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES g NGRLD-NG~S~ A DAILY NewSPAPER PU6LI~HEU IN ROANOKE, IN THE STATE OF VIRGINIA~ DO CERTIFY THAT THE Ai~NEXcU NOTICE ~AS PUOL~SHcO IN SAID NEWSPAPERS din THL FOLLdWING DATES 00/22/90 MORNING 00/29/~0 MORNING AUTHORIZED SigNATURE Ti~Vo~d Cod~ lOl l~m C~mpbtll Aves~e. P.O. b Z49l. I~ ¥ifliah Z4010 · ~ /~ Ad Number ~. ~..,../. .............. Publisher's Fee $ ...~.~...~. ..... STATE OF VIRGINIA ~ Affidavit CITY OF ROANOKEJ to wit: l, .... .(..~ .%. ~ ~ .~..~.=..~..~.~a .% .~.) ....... ..;,mn TIMES-WORLFJ CORPORATION, which poration is Publisher of the Roanoke Time World-News, a daily newspaper publish~ Roa]noke, in the State of Virginia, do certify the onnexed notice was published b~ maid n, papers .... .% .................. ~ .................... .. .............. .............. ... 9th ~ ~ July 1990 Witness, ~ms ......... uay ox ........................ 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, July 9, 1990, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning from LM, Light Manufacturing District, to C-i, Office District, the following property: The eastern portion of a lot bearing Official Tax No. 4020801 lying between Elm Avenue, S.E., South Jefferson Street, Williamson Road, S. E., and Highland Avenue, S. E. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest may appear on the question. the above date and be heard on GIVEN under my hand this 20th day of June ~ 19 90. Mary F. Parker, City Clerk Please publish in full twice, once on Friday, June 22, 1990, and once on Friday, June 29, 1990, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mr. Daniel F. Layman, Jr., Attorney P. O. Box 720 Roanoke, Virginia 24004 June 25, 1990 Mr. Daniel F. Layman, Jr. Attorney P. O. Box 720 Roanoke, Virginia 24004 Dear Mr. Layman: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your client, Community Hospital of Roanoke Valley, that the eastern portion of a lot bearing Official Tax No. 4020801 lying between Elm Avenue, South Jefferson Street, ~illiamson Road, and Highland Avenue, S. E., be rezoned from LM, Light ~anufacturing District, to C-1, Office District. Pursuant to Resolution No. 25523 ad6pted by the Council of the City of Roanoke at a regular meeting held on ~onday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, July 9, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. ~. For your information, I am also enclosing copy of a notice of the public hearing. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. MFP:ra PUBLIC5 Enc. Sincerely, Mary F. Parker, CMC/AAE City Clerk Room 456 Municipal Building · 2t5 Church Avenue S W Roanoke, Virginia 24011 (703) 981-2541 Mr. Daniel F. June 25, 1990 Page 2 Layman, Jr. N & W Railway Company, Eight North Jefferson Street, Roanoke, Virginia 24011 J & S Properties, P. 0. Box 14105, Roanoke, Virginia 24038 Lewis D. Brown, et al, c/o Ms. Sallie Garst, 1401 Second Street, S. W., Roanoke, Virginia 24016 Mr. ~ayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Wa ldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building' Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation May 30, 1990 Mr. Michael M. Wa ldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Wa ld¥ogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Mr. Daniel F. Layman, Jr., Attorney, representing Community Hospital of the Roanoke Valley, requesting that two parcels of land lying between Elm Avenue, Jefferson Street, Williamson Road and Highland Avenue, S. E., Official Tax Nos. 4020801 and 4020101, be rezoned from LM, Light Manufacturing District, to C-1, Office District. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra REZOHE5 Enc. pc: Mr. Daniel F. Layman, Jr., Attorney, P. O. Box 720, Roanoke, Virginia 24004 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 2t5 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk May 16, 1990 Mr. Michael M. Wa ldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Wa ldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. Daniel F. Layman, Jr., Attorney, representing Community Hospital of the Roanoke Valley. requesting that two parcels of land lying between Elm Avenue, Jefferson Street, Williamson Rood and Highland Avenue, S. E., Official Tax Nos. 4020801 and 4020101, be rezoned from C-1, Office District, to LM, Light .~anufacturing District. Sincerely, ~ '-4- Mary F. Parker, CMC/AAE City Clerk MFP:ra REZONE5 Enc. pc: Mr. Daniel F. Layman, Jr., Attorney, P. O. Box 720, Roanoke, Virginia 24004 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)~81-25al Office of the City Clerk July 25, 1990 File #169 Mr. Joseph A. Parrish 5243 North Lake Drive, N. Roanoke, Virginia 24019 Dear Mr. Parrish: I am enclosing four copies of Ordinance No. 30152-72390 granting a conditional permit for an existing structure encroaching over and into the right-of-way of Adams Street, N. W., located adja- cent to 3804 Melrose Avenue, N. W., Official Tax No. 2762008, upon certain terms and conditions. ~rdinance No. 30152-72390 ~c~ adopted by the Council of the City of Roanoke on first reading Monday, July 9, 1990, also adopted by the Council on seco~iu reading on Monday, July 23, 1990, and will be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by the permittee, has been admitted to record, at the cost of the permittee, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the public liability insurance required is on file in the Office of the City Clerk. Please sign and return two copies of Ordinance No. 30152-72390, as well as the Certificate of Insurance, to the City Clerk's Office, Room 456, Municipal Building, Roanoke, Virginia 24011. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP : ra pc: The Honorable Patsy Testerman, Clerk of the Circuit Court Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Ms. Sandra H. Eakin, Deputy City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd day of July, 1990. No. 30152-72390. VIRGINIA, AN ORDINANCE granting a conditional permit for an existing structure encroaching over and into the right-of-way of Adams Street, N.W., located adjacent to 3804 Melrose Avenue, N.W., Official Tax No. 2762008, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission be and is hereby granted the current owner, Joseph A. Parrish, his grantees, assignees, or successors in interest, of the property bearing Official Tax No. 2762008, otherwise known as 3804 Melrose Avenue, N.W., within the City of Roanoke, to maintain an encroachment by an existing structure encroaching approximately 3 feet over and into the public right- of-way of Adams Street, N.W., as more fully described in a report of the Water Resources Committee dated July 9, 1990, on file in the Office of the City Clerk. 2. Said permit, granted pursuant to $15.1-377, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke, and is subject to all the limitations contained in the aforesaid $15.1-377. 3. It shall be agreed by the permittee that, in maintaining such encroachments, said permittee and its grantees, assignees, or successors in interest covenant and agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment over public right-of-way. 4. Permittee, its grantees, assignees or successors in interest shall for the duration of this permit, with respect to claims arising out of the maintenance and use of the structure and areas permitted to encroach into City right-of-way hereunder, maintain on file with the City Clerk's Office evidence of general public liability insurance with limits of not less than $500,000.00 combined bodily injury liability, including death, and property damage liability for any one occurrence, and including the City of Roanoke, its officers, employees and agents as additional insureds. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by permittee, has been admitted to record, at the cost of the permittee, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the public liability insurance required of the City Clerk. in paragraph 4 above is on file in the Office ATTEST: City Clerk. ACCEPTED and EXECUTED by the undersigned this , 1990. day of Permi~tee Permittee - 2 - STATE OF VIRGINIA CITY OF ROANOKE I, hereby certify ledged before me this that the foreEoinE instrument was acknow- day of , 19 , by My Commission expires: Notary Public - 3 - Roanoke, Virginia July 9, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Encroachment on City-owned Right of Way Adams Street, N. W. The attached staff report was considered by the Water Resources Committee at its meeting on June 25, 1990. The Connnittee recommends that Council authorize the appropriate City officials to issue a con- ditional permit allowing the structure at 3804 Melrose Avenue to continue encroaching into the right of way of Adams Street, N.W. accordance with the conditions stated in the attached report. ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Public Works Risk Manager Joseph A. Parrish Respectfully submitted, Water Resources Committee INTERDEPARTMENTAL COMMUNICATION DATE: June 25, 1990 TO: Members, Water Resources Committee FROM: Kit B. Kiser, Directo~.~.~lities & Operations thru W. Robert Herber~"Ci~ Manager RE: ENCROACHMENT ON CITY-OWNED RIGHT-OF-WAY ADAMS STREET, N.W. I. Backsround: Structure was built at 3804 Melrose Ave., N.W., the northerly one- half of Lots 8 and 9, Block 27, Washington Heights, at least forty (40) years ago, encroaching in excess of three (3) feet into the right-of-way of Adams Street, N.W. Adams Street~ N.W., with fifty (50) foot right-of-way width, was built off-center in the right-of-way, five (5) to eight (8) feet further from the west side of the right-of-way than from the east. It was probably built that way when the subdivision was built more than forty (40) years ago. The unusual distance behind the curb on the west side, approximately twice as much as usual, may have contributed to the error in locating the structure. II. Current Situation: Request for a permit to allow the encroachment at 3804 Melrose Avenue to remain in place has been received from the property owner, Mr. Joseph A. Parrish. (See attached letter and maps.) Property is being sold to Roger C. Willis, 4103 High Acres Road, N.W., who will provide indemnification and general liability insurance. III. Issues: A. Need B. Timin~ C. Indemnification & General Liability Insurance Water Resources Committee June 11, 1990 Encroachment/Adams Street, N.W. Page 2 IV. Alternatives: mo Committee recommend to City Council that it authorize the appropriate City officials to execute a conditional permit allowing the structure at 3809 Melrose Avenue, N.W. to continue encroaching into the right- of-way of Adams Street, N.W., approximately 23 feet in length, approximately 3 feet in depth on the northerly end, 3.65 feet in depth on the southerly end. Pursuant to §15.1-377, Code of Virginia of 1950, as amended, the encroachment may exist only until building is destroy- ed or removed. (See map.) Permit to be in a form approved by the City Attorney. 1. Need by petitioner for continued use of structure is met. 2. Timin~ to provide assurances to petitioner as quickly as possible that he may continue to use structure is met. Indemnification & General Liability Insurance to be provided by the petitioner. Petitioner will provide and maintain on file with the City Clerk's Office evidence of general liability, bodily injury and property damage liability insurance coverage with limits of liability of not less than $500,000 for bodily injury and property damage per occurrence and include the City of Roanoke, its officers, employees and agents as additional insureds as recommended by the Risk Manager. Committee not recommend that City Council authorize a conditional per- mit allowing an encroachment to remain in the right-of-way of Adams Street, N.W. 1. Need by petitioner to retain the use of the structure is not met. 2. Timin~ to provide permit as soon as possible is not met. 3. Indemnification and General Liability Insurance is not an issue. Vo Recommendation: Committee recommend to City Council that it authorize the appropriate City officials to issue a conditional permit allowing the structure at 3804 Melrose Avenue, N.W., in accordance with Alternative KBK/RVH/fm cc: City Attorney Director of Finance Director of Public Works Risk Manager Joseph A. Parrish Joseph A, Parrish 5243 North Lake Dr. Roanoke, Va. 24019 Jane 7, 1990 0890 OFFICE OTY ROANOI VA Mr. Kit B. Kiser Room 354 215 Church Ave. S.W. Roanoke, Va. 24011 Dear Sir, It has come to my attention through a recent survey, that my building on the corner of 3804 Melrose Ave. N.W. and Adams St._ is partly on city property. ~ I have talked with A1 Randolph, City Engineer, and he advised me to contact your department to obtain a permit. I would like to apply for a permit of encroachment from the City of Roanoke. I am enclosing a copy of the survey. This building is over 50 years old. Thank you in advance for any help you can render to obtain this permit. ~'1495 %'~ £72 THIS DE~D ~/de and entered into this the 27th day of October, 1983, by and bet~_n THE COLONI~L-~MEP~CAN ~TIO~%L BAN~ C~ ~OANO~, Roanoke, Virginia, as Executor and Trustee under the Will of St~lla W. Bryant, party of the first pai~c, and JOSEPH A. PARRISH and NANCY H. PARRISM, husband and wife, or th~ survivor, pa~ties of th~ second part; add FRANK L. REID, JR., pa~ty of the third part. WITNESSETH WH~, Stella W. Bryant died seised and possessed of ~he hereinaft~ described property, and by her will probated in the Law and Chancery Court for the City of Roank~, Virginia on ~%e 25th day of September, 1964 and spread in Will Book 29, page 270, de~rised her prcpe~ in tr~st to The Colc~al-American Natic~ Bank of F~, ~Danoke, Virginia, written consent of her grandson, Frank L. Reid, Jr.; and WHEREAS, this cc~yance is executed with t_he consent of Frank L. R~id, Jr., as evidenced by ~ joining in the s~e. NOW, THER~, FOR ~ 11~ C~ID~ATI~ of t.he s~ of Ten and 00/100 Dollars ($10.00) cash in hand paid by the parties of th~ second pai~c to the party of the first par~, and other good and valuable cc~sideration the receipt of which is b~reby acknowledged, the party of the first pal-t does hereby grant, ba~ain, sell and co~v~y, with Special Wa~Tanty of Title unto J0~PH L. P~/~P~SH a~d NANCY H. PARB/~H, ~ and wife, as t~_na~ts by entireties with the right of survi%~--~hip as at ~,~ law, all of the follOWlng lot or parcel of ~ situated in the City of RoaD~ke, Stat~ of Virginia, and a~ibed as follows, t~t: BEGI~%F/NG at a point at the point of int~--~on of t_~ sout~ly side of ~lro~e A%~_nue, N. W. (formerly Pe~lvan~a Avenue, N. W.) and the w~sterly side of Adams Street; thence with the westerly side of Adams Street, S. 23° 30' W. 10.00 with t~ said westerly side of A~ Street, S. 23" 30' W. 55.00 ft. to a point; thence leaving ~be said ~terly side of Adams Street N. 66° 30' W. 100.00 feet to a point; thenee w~th the easterly line of Lot 7, Block 27, Washington Heights Subdivision, N. 23° 30' E. 55.00 feet to a point; t-h~nce S. 66° 30' E. 100.00 feet to a point on the w~sterly side of A~ams Street, the AC~/AL PLACE OF B~GI~ING, and Being the northerly one-half of Lots 8 and 9, Section 27, as shc~n c~ Plak dated November, 1949, and recorded in the Clerk's Office of t_he Circuit Coulee for the City of 9Danoke, Virginia in Deed Book 814 at Page 150. ~Yis [~=ed is made. s~bject to all ees6~e~t, restrictions and con- ditions of record affecting the hereinabove described property. Upon the death of Joseph A. Parrish or Nancy H. Parrish, the fee simple t/tie shall belong to the survivor. ~e party of the third part, Frank L. P~d, Jr., grandson of Stslla W. Bryant, hereby consents to the exeuction of this deed and conveyance pursuant to the ts~ of the will of Stella W.Bzyant. WITS~S the following signatures and seals: of ~e Colonial American National Bank of P~anok, Virginia, Executor and Trustee u~ the Will of St~lla w. B~ant. ~ne foregoing inst--rzme_nt w~s acknowledged before me this of ./~/~,~ ~- ,~,' part. ~_~ ~ay , 1983, by Frank L. P~id, Jr., party of the third My Ommissicm Expires: PLEASE AFFIX NU5%Ri%~ State Tax: City Tax: Clerk's Fee: Transter: lotal: 58-54 $ ~0 $ /0-~O In the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, this instrument with the Certificate of Acknowledgment thereto annexed is admitted to Record on '?f~a.,o~___.~ / o.,//~O at ~0~ o'clock, / . M. ' ' ~ The taxes imposed by Section 58-54 and Section 58-54.1, Code of Virginia, 1950, as amended, have been paid. Teste: ~ASTY TESTERMAN, Clerk Office of the City Clerk July 25, 1990 File #169-425 Mr. ~illiam S. Hubard President Center In The Square One Market Square Roanoke, Virginia 24011 Dear Mr. Hubard: ] am enclosing four copies of Ordinance No. 30153-72390 granting a revocable license for the construction of certain building appendages encroaching over and into the right-of-way of Campbell Avenue and Market Square, located at Center In The Square, upon certain terms and conditions. Ordinance No. 30153-72390 was adopted by the Council of the City of Roanoke on first reading on Monday, July 9, 1990, also adopted by the Council on second reading on ~onday, July 23, 1990, and will be in full force and effect at such time as a copy, auly signed, sealed, attested, and acknowledged by the licensee, has been admitted to record in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current cer- tificate evidencing the public liability insurance required is on file in the Office of the City Clerk. Please sign and return two copies of Ordinance No. 30153-72390, as well as the Certificate of Insurance, to the City Clerk's Office, Room 456, ~unicipal Building, Roanoke, Virginia 24011. Sincerely, Mary F. ~arker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Timothy L. Jamieson, Hayes, Seay, Mattern & Mattern, Franklin Road, S. W., Roanoke, Virginia 24014 Mr. ~. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Ur. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. John R. Marlles, Chief of Community Planning Mr. Kit B. Kiser, Director of Utilities and Operations Room 4~ Municipal Building 215 Chu~h Avenue, S.W. Roanoke, Vi~inia 2~11 (70~ 981-2541 1315 Office of the City Clerk July 25, I990 File #169-425 The Honorable Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching copy of Ordinance No. 30153-72390 granting a revo- cable license for the construction of certain building appendages encroaching over and into the right-of-way of Campbell Avenue and Market Square, located at Center In The Square, upon certain terms and conditions. Ordinance No. 30153-72390 was adopted by the Council of the City of Roanoke on first reading on Monday, July 9~ 1990, also adopted by the Council on second reaaing on ~onday, July 23, 1990, and will be in full force and effect.at such time as a copy, duly signed, sealed, attested, and acknowledged by the licensee, has been admitted to record in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current cer- tificate evidencing the public liability insurance required is on file in the Office of the City Clerk. MFP:ra Sincerely,^ ~ . Mary F~. Parker. CMC/AAE City Clerk Eric. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF TRE CITY OF ROANOEE, VIRGINIA, The 23rd day of July, 1990. No. 30153-72390. AN ORDINANCE granting a revocable license for the construc- tion of certain building appendages encroaching over and into the right-of-way of Campbell Avenue and ~arket Square, located at Center In The Square, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. A revocable license shall be and is hereby granted the current owners, Center In The Square, their grantees, assignees, or successors in interest, of the aforesaid property otherwise known as Center In The Square, within the City of Roanoke, to construct and maintain decorative glass and steel canopies attached to the facade of the Center In The Square over and into the public right-of-way of Campbell Avenue and ~arket Square, as more fully described in a report of the Water Resources Committee dated July 9, 1990, on file in the Office of the City Clerk. 2. Said license, granted pursuant to S15.1-376, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke, and is subject to all the limitations contained in the aforesaid §15.1-376o 3. It shall be agreed by the licensee that, in construct- lng, using and maintaining such encroachments, said licensee and its grantees, assignees, or successors in interest covenant and agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the construction, maintenance or existence of above-described encroachments over public right-of-way. 4. Licensee, its grantees, assignees or successors in interest shall for the duration of this permit, with respect to claims arising out of the construction, maintenance, use, or existence of the structure and areas permitted to encroach into City right-of-way hereunder, maintain on file with the City Clerk's Office evidence of general public liability insurance with limits of not less than $1,000,000, bodily injury insurance in the amount of $1,000,000 for injuries to one person in any one occurrence and $5,000,000 annual aggregate, and property insur- ance in the amount of $500,000 for damage in any one occurrence and $1,000,000 annual aggregate, or umbrella coverage for all of the foregoing of at least $5,000,000, With all such coverages to include the City of Roanoke, its officers, employees and agents as additional insureds. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by licensee, has been admitted to record, at the cost of the licenseee, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the public liability insurance required in paragraph 4 above is on file in the Office of the City Clerk. ATTEST: City Clerk. - 2 - ACCEPTED and EXECUTED by the undersigned this day of , 1990. Licensee Licensee STATE OF VIRGINIA CITY OF ROANOKE I, hereby certify that ledged before me this the foregoing instrument was acknow- day of , 19 , by Ny Commission expires: Notary Public - 3 - Roanoke, Virginia July 9, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Revocable Permit for Street Encroachment Canopies Over Sidewalk Area Center in the Square The attached staff report was considered by the Water Resources Committee at its meeting on June 25, 1990. The Com~nittee recommends that Council authorize a revocable license to Center in the Square for canopies over the public sidewalk on Campbell Avenue, S. E. in accor- dance with conditions in the attached report. Respectfully submitted, beth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Public Works City Engineer Building Commissioner Manager, Community Planning William S. Hubard, President, Center in the Square Timm Jamieson, Hayes, Seay, Mattern & Mattern I~'rI~RI)EPA~.~NTAL CO~4UNICATION DATE: TO: FROM: June 25, 1990 mbers, ~ater Resources Commitee Mit B. Kiser, Direct~-f~ties & Operations thru W. Robert Herbe~ty Manager REVOCABLE PERMIT FOR STREET ENCROACHMENT CANOPIES OVER SIDEWALK AREA CENTER IN THE SQUARE I. Back,round: Ao Center In The Square has been located at the southwest corner of Campbell Avenue, S.E. and Market Square for a number of years. Over time they have become aware that they are difficult for out-of- town visitors to locate. II. Current Situation: Installation of distinctive ~lass and steel canopies over the side- walk on the Center's frontage on Campbell Avenue and Market Square is proposed by Center In The Square to provide identification for the facility per the attached letter of June 8, 1990. B. Certificate of Appropriateness for the installation of the canopies was granted by the Architectural Review Board on May 11, 1990. III. Issues: A. Need B. Timin~ C. Indemnification & General Liability Insuranc~ Page 2 IV. Alternatives: Committee recommend to City Council that it authorize the appropriate City officials to execute a revocable permit allowing the encroach- ment of decorative glass and steel canopies, attached to the facade of Center In The Square, over portions of the public sidewalk on Campbell Avenue, S.E. and Market Square. (See attached letter and plans.) 1. Need by petitioner for Council's concurrence with plans is met. 2. Timin~ to meet petitioners construction schedules is met. o Indemnification and General Liabilit~ Insurance to be provided by petitioner. Petitioner will provide and maintain on file with the City Clerk's Office evidence of general liability, bodily injury and property damage liability insurance coverage in amounts not less than: Mo In the case of bodily injury insurance, $1 million for injuries to one person in any one occurrence and $5,000,000 annual aggregate; b. Property insurance, $500,000 for damage in any one occurrence and $1,000,000 annual aggregate; c. In the case of general liability insurance, coverage in the amount of $1,000,000; and d. The above amounts may be met by "umbrella" coverage in a mini- mum amount of $5,000,000; and all coverages shall include the City of Roanoke, its officers, and employees and agents as additional insureds as recommended by the Risk Manager. Committee not recommend to Cit~ Council that it authorize the appro- priate City officials to execute a revocable permit to Center In The Square for canopies encroaching over the public sidewalk. 1. Need by petitioner for Council's concurrence is not met. 2. Timin~ to meet petitioner's construction schedule is not met. 3. Indemnification and General Liability Insurance is not an issue. Page 3 Recommendation: Committee recommend to City Council that it authorize a revocable license to Center In The Square for canopies over the public sidewalk on Campbell Avenue, S.E. and Market Square in accordance with Alternative "A". KBK/RVH/fm Attachment CC: City Attorney Director of Finance Director of Public Works City Engineer Building Commissioner Manager, Community Planning William S. Hubbard, President, Center In The Square Tlmm Jamison, Hayes, Seay, Mattern & Mattern June 8, 1990 Mr. W. Robert Herbert, City of Roanoke Roanoke, VA 24011 90 ~ , ' ~ ~,,~E MAPKET SQJA~E City Manager CENTER IN EJTHE SQUARE ROANOKE Vr~GINIA 248~ 4 03/342-b7ub, Dear Bob: As part of our program for continued improvement and expansion of the facilities of Center in the Square we have acquired the former Phelps and Armistead building on Church Avenue, and completely remodeled that building and a large portion of our original building at a cost of over $3,000,000. 00. We have long been aware of the fact that visitors to Roanoke have had a difficult time locating us on Market Square. The City has helped significantly in overcoming this problem by erecting many large directional signs on city streets and by supporting the erection of directional signs on Interstate 81 and 581. To further identify our location we have had beautiful glass and steel canopies designed by Hayes, Seay, Mattern and Mattern for the facades of both of our buildings i.e., Campbell and Church Avenues. We have contracted with J. M. Turner Construction, Inc., ($125,000.00) to construct and install these canopies. Attached are architects design, sketch, specifications and colored rendering for these canopies as well as a letter from the City o£ Roanoke Architectural Review Board which constitutes a Certificate of Appropriatenss for these canopies. We would very much appreciate your having this presented to Roanoke City Council for its approval which I understand will be in the form of a revocable license. Please advise me who should appear to support this request and to what bodies and when. We have shown this design to Gus Pappas of the Roanoke Weiner Stand. He endorses this canopy installation as we are working closely with him to accommodate his very appropriate concern 'that the visibility of his landmark eatery be Preserved. Sincerely, William S. Hubard, President co.- Mrs. Elizabeth T. Bowles, Chair Water Resources Committee Mr. Gus Pappas Roanoke Weiner Stand Mr. Kit Kiser, Director o£ Utilities and Operations May 12, 1989 Mr. William Hubard General Manager Center in the Square One Market Square Roanoke, VA 24011 Dear HL'. HUbard: ~ Subject: ApPlication for Certificate of ApPropriateness Dated 4/28/89, No. 89-029 The Architectural Review Board of the Virginia, considered your above-r-- ....... y of Ro.anoke, Certificate of ApPropriateness was granted, as listed on the attached Certificate. The Board expressed concern with future maintenance of the approved glass canol~y a~d requested that Center in the Square provided frequent (et least weekly) ,minten~nce to ensure the. attractiveness of the canopy. z£ you should have further questions relative to this matter, please do not hesitate to contact this office at the number listedbelov. attachment c=: ~r. Ronald H. Sincerely, Evelyo S. Gunter, Se~retar~ ArchAtectural Review Board ~illez, Zoning Administrator 355 Mun,oDOI 0uil¢~ 215 ~ Av~e. $.W. I'~o~e. Vi~ 240t t (?0~) 081.2344 CERTIFICATE OF APPROPRIATENESS No. 89-029 Date: Nay 11, 1989 On May 11, 1989, the Roanoke City Architectural Review Board granted this Certificate of ApPropriateness to Center in the Square and approved the following:- ~. ~. ~ 1. 7~8" laminated clear glass ca/lopy in metal framing with vertical support columns, in Old Linen color, on Church Avenuel Campbell Avenue and Market Square facadesl e "Center in the Square" signage and logo, in blue and white, including white neon accents on Campbell Avenue and Church Avenue. 12" formed galvanized metal tenant signs painted Pittsburgh No. 2535 (Old Linen) on Church Avenue, Campbell Avenue and Market Square. Individual tenant names painted in 6" lettering zone with color selection to be b~ tenant. Lighting for canopy (marquee lights ~nd white neon tuMee). velAm S. Gunter, Secretary Roanoke City Architectural Review Board ~ ,,~$e, ~Dal 0u~ldln(~ 21 e, C~ Avenue. $.W. ~. V~J~,O 2401 t (7(1~) Q4~1-2.344 I~,ENOVATION,~ ~ ADDITION5 To C. ENTE ~~-, CANOpy F,I.,~,N ~, CAI'qF'~EL.L. AV~. HSMM ARCHITECTS ENGINEERS PLANNERS ONE MARKET SQUARE CENTER IN ITHE SQUARE r",OANOKE, VIRGINIA 2401 'I 703/342-5700 WESTERN VIRGINIA FOUNDATION FOR THE ARTS AND SCIENCES July 31, 1990 Mr. W. Robert Herbert, City Manager City of Roanoke Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Dear Bob: In my letter to you dated June 8, 1990 (copy attached) we requested that Roanoke City Council grant Center in the Square a revocable license to construct glass and steel canopies on our two downtown buildings and encroach into the public right-of-way. As stated in my letter, our request was for canopies on; 1) our main building at One Market Square fronting on Campbell Avenue and Market Square, and 2) our new addition at 20 Church Avenue, S.E. Roanoke City Council did grant this revocable license by Ordinance No. 3015~2390 (copy attached) passed on July 9, 1990 and July 23, 1990. Unfortunately this revocable license applied only to our main building at One Market Square. We would very much appreciate your requesting Roanoke City Council to expand the coverage of that Ordinance to grant us a revocable license for a canopy on our building at 20 Church Avenue, S.E. It would be great if this could be an "emergency action" to expedite our proceeding with this much needed project. Bob, I apologize for this and hope that you will not be too upset with us. Sincerely, William S. Hubard President WSH:wd Attachment cc: Mary F. Parker, City Clerk (w/o att.) Office of the City Clerk July 25, 1990 File #27-142 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30154-72390 authorizing the abandonment of a certain unused sanitary sewer line located on property owned by the American Red Cross, Roanoke Valley Chapter, upon certain terms and conditions. Ordinance No. 30154-72390 was adopted by the Council of the City of Roanoke on first reading on Monday, July 9, 1990, also adopted by the Council on second reading on Monday, July 23, 1990, and will take effect ten days following the date of its second reading. Sincerely, ~ ~4ary F. Pa rkor, CMC/AAE City Clerk MFP:ra pc: Mr. H. Jerry Spruell, Executive Director, American Red Cross Roanoke Valley Chapter, 352 Church Avenue, S. W. Roanoke, Virginia 24016 ' Mr. Richard A. Rife, AIA, Homer & Associates, 110 Campbell Avenue, S. ~., Suite 200, Roanoke, Virginia 24011 Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Jesse ~. Perdue, Jr., Manager, Utility Line Services Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 98'1.2541 IN THE COUNCIL OF THE CITY OF HOANOEE, VIRGINIA, The 23rd day of July, 1990. No. 30154-72390. 4N ORDINANCE authorizing the abandonment of a certain unused sanitary sewer line located on property owned by the American Red Cross, Roanoke Valley Chapter, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and City Clerk are authorized to execute and attest, respec- tively, in form approved by the City Attorney, the appropriate documentation providing for the abandonment by the City of an existing unused sanitary sewer line, approximately 183 feet in length, extending in an easterly direction from a manhole located on the east side of Fourth Street, S.W~, with a terminus adjacent to the west side of the existing American Red Cross building, as more particularly set forth in the report of the Water Resources Committee to this Council dated July 9, 1990. ATTEST: City Clerk. Roanoke, Virginia July 9, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: American Red Cross, Roanoke Valley Chapter Encroachment into Street Right of Way Abandon Sewer Line The attached staff report was considered by the Water Resources Committee at its meeting on June 25, 1990. The Committee recommends that Council authorize the appropriate City officials to abandon an unused sanitary sewer line on the property of the Red Cross in accordance with conditions in the attached report. The staff advised that the issue of the revocable license needed further action, therefore that element of the Red Cross request was not acted upon. Respectfully submitted, Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Public Works City Engineer Manager, Utility Line Services Richard Rife, Horner& Associates INTEPJ)EPA~TMENTAL COf~4UNICATION DATE: TO: FROM: June 25, 1990 rs, Nater Resources Committee · set, Direct~r,~j.~ties & Operations thru W. Robert HerbeX, City Manager AMERICAN RED CROSS, ROANOKE VALLEY CHAPTER ENCROACHMENT INTO STREET RIGHT-OF-WAY ABANDON SEWER LINE I. Background: Red Cross has occupied the structure at the site bounded by Luck Avenue, S.W., Fourth Street, S.W. and Church Avenue, S.W. for a number of years. Majority of the site has been used as an unpaved parking lot during that time. II. Current Situation: A. Addition to Red Cross building is in the design stage. Abandonment of old~ unused sanitary sewer line under new building and across parking lot to 4th Street, S.W. is necessary. (See attached map and letter.) License to occupy small portions of street right-of-way with fringes of new parking spaces along Luck Avenue, S.W. is requested. (See attached map and letter.) III. Issues: A. Need B. Timing C. Indemnification and public liability insurance IV. Alternatives: A. Committee recommend to City Council that it: Authorize the appropriate City officials to execute a revocable license allowing the American Red Cross, Roanoke Valley Chapter, to construct parking spaces along the northerly side of Luck Avenue, S.W. encroaching slightly into the street right-of-way at several points. (See attached site plan.) and; Water Resources Committee Members American Red Cross Encroachment Page 2 ii. abandon an unused sanitary sewer line, approximately 183 feet in length, extending in an easterly direction from a manhole located on the east side of 4th Street, S.W. to a terminus adjacent to the west side of the existing Red Cross building. 1. Need by petitioner for the revocable permit and sanitary sewer abandonment is met. 2. Timin~ to permit plans for building addition to proceed is Indemnification and Public Liability Insurance to be provided by petitioner. Petitioner will provide and maintain on file with the City Clerk's Office evidence of general liability, bodily injury and property damage liability insurance coverage with limits of liability of not less than $1,000,000 for bodily injury and property damage per occurrence and include the City of Roanoke, its officers, employees and agents as additional insureds as recommended by the Risk Manager. Committee not recommend to City Council that it abandon a sanitary sewer line and authorize the appropriate City officials to execute a revocable license for a parking lot encroachment into Luck Avenue, S.W. for the Red Cross. 1. Need by petitioner for these actions by Council in order to construct an addition to the Red Cross Building is not met. 2. Timin~ to provide them so construction can proceed not met. 3. Indemnification and Public Liability Insurance is not an issue. Vo Recommendation: Committee recommend to City Council that they authorize the appropriate City officials to issue a revocable license to the Red Cross and abandon an unused sanitary sewer line on ~he property of the Red Cross in accordance with Alternative "A". KBK/RVH/fm cc: City Attorney Director of Finance Director of Public Works City Engineer Manager, Ucility Line Services Richard Rife, Homer & Associates June 8, 1~90 Mr. J. Thomas Tasselli, CLA City of Roanoke Planning Department Office of Community Planning Municipal Building, Room 355 215 Church Avenue, S.W. Roanoke, Virginia 24011 RE: American Red Cross, Roanoke Expansion & Renovations Commission 8841.01 Valkey Chapter Dear Tom: Attached are six copies of the Site Grading Plan of the referenced project. These are for the use of the Water Resources Committee in regard to two requests our Client will bring to their next meeting. Our first request is for the abandonment of an existing sanitary sewer line running across the site. This line commences at a manhole on Fourth Street midway between Church and Luck Avenues and serves no one upstream from the Red Cross. The proposed addition is located over the line, a condition that is obviously not desirable from a service standpoint. We would like to abandon the section as marked on the plans, but continue to use the section under the existing building. The addition would be served by a new line connecting into the existing sewer line in Luck Avenue. Our second request is for revocable permission to use a portion of the City's right-of-way along Luck Avenue for parking and service access. As the plan shows, the property line along Luck is irregular and the existing curb, sidewalk and ARCHITECTURE AND PI. AI~ NING Commonwealth IPat k S uite 200 110 Campbell Avenue, S.W.. Roanoke. Virginia 24011 Mr. J. Thomas, June 8, 1990 Page 2 Tasselli, CLA entrance designs are haphazard at best. We wish to clean up the situation and install a more logical design for the entrances and sidewalks. The Red Cross has been parking on this area for a number of years; we would now merely like to continue this with the Board's permission. Please let me know if you require any further information. Very truly yours, Richard A. Rife', AIA Associate RAR/ch pc: Jerry Spruell Johnny Johnson Sowers & Associates Office of the City Clerk July 25, 1990 File #123-214-62-137 Mr. Wilburn C. Dibling, City Attorney Roanoke, Virginia Jr. Dear Mr. Oibling: At the regular meeting of the Council of the City of Roanoke held on Monday, July 23, 1990, you were requested to include in the 1991 Legislative Program a proposal to retain the assessment for courthouse and jail construction, renovation or maintenance as a part of the fees taxed as costs in each criminal or traffic case in a District or Circuit Court, in an amount not irt excess of $2.00. Sincerely, ~6~.~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541