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Home My WebLink AboutCouncil Actions 08-27-90REGULAR White (30210) WEEKLY SESSION ...... ROANOKE CITY COUNCIL August 27, 1990 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Mayor Taylor was absent. The invocation will be delivered by The Reverend A. Griffith, Pastor, ~ord of Life Center Church. Present. The Pledge of Allegiance to the Flag of the United of America will be led by Vice-Mayor Howard E. Musser. Roger States BID OPENINGS A. Bids for realignment and reconstruction of Thirlane Road, N. ~., from Peters Creek Road (Route 117) for approximately 1.6 miles. Council requested that the bids be returned to the bid- ders, unopened, and that the matter be readvertised for bids on Monday, September 17, 1990; said bids to be opened before the Council at 7:30 p.m. (Addendums were mailed on August 22 and 23, which did not provide suf- ficient time for out of state bidders to respond.) PUBLIC HEARINGS Public hearing to receive the views of citizens con- cerning an appointment to fill a vacancy on the Roanoke City School Board, created by the resignation of Mr. E. Clabon Edwards for a term ending June 30, 1993. The names of Charles W. Day and Delvis 0. McCadden were placed in nomination for consideration by Council at its regular meeting on Monday, September 17, 1990, at 7:30 p.m. CONSENT AGENDA (Approved 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE (1) C-1 C-2 C-3 C-4 MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. ~inutes of the regular meetings of Council held on ~onday, April 2, 1990; Monday, April 9, 1990; Monday, April 16, 1990; and Monday, April 23, 1990; and the special meetings of Council held on Thursday, April 12, 1990, and Monday, April 23, 1990. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A report of the Assistant City Manager requesting an Executive Session to discuss disposition of an interest in publicly held property by the Roanoke Redevelopment and Housing Authority and specific legal matters requiring the provision of legal advice by counsel being the terms and conditions of an economic development contract relating to such disposition, pur- suant to Section 2.1-344 (A) (3) and Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss disposition of an interest in publicly bela property by the Roanoke Redevelopment and Housing Authority and specific legal matters requiring the provision of legal advice by counsel being the terms and conditions of an economic development contract relating to such disposition, pursuant to Section 2.1-344 (A) (3) and Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. A report of the Assistant City Manager requesting an Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel being the terms and conditions of an economic development contract, pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel being the terms and con- ditions of an economic development contract, pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. Qualification of Mr. Wallace I. Allen as a member of the City of Roanoke Redevelopment and Housing Authority Board of Commissioners to fill the unexpired term of Mr. Percy T. Keeling, Sr., deceased, ending August 31, 1992. RECOMMENDED ACTION: Receive and file. (2) C-5 C-6 Qualification of Mr. Robert C. Lawson, Jr., as a member of the Economic Development Commission for a term of three years ending June 30, 1993. RECOMMENDED ACTION: Receive and file. Qualification of Ms. LaVerne B. Dillon and Mr. Malcolm C. Boggs as members of the Virginia ~estern Community College Board for terms ending June 30, 1994. RECOMMENDED ACTION: Receive and file. Qualification of Ms. Personnel and Employment three years ending June 30, Judy D. Practices 1993. Jackson as a member of the Commission for a term of RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: Request to present a statement of appreciation for the appropriation of funds to Mental Health Services of the Roanoke Valley for fiscal year 1991. Dr. Fred P. Roessel, Jr., Executive Director. Received and filed. Request to present information with regard to activities and efforts of Downtown Roanoke, Inc., as well as iden- tification of goals and plans for the coming year. Mr. F. Edward Harris, President. Received and filed with appreciation. Petitions and Communications: A communication from Council Member David A. Bowers pro- posing that certain actions be taken to prepare for a possible deficit in funding from the Commonwealth of Virginia. The communication was referred to the City Manager for review and report to Council, along with information on contingency plans of the City to deal with the State budget short-fall. The City Manager was also requested to investigate the feasibility of instituting and (adopt a program), an arrangement whereby businesses could fund a specific City program for a certain period of time. A communication from Mr. Billy H. Branch, Chairman of the Building Committee, Habitat for Humanity in the Roanoke (3) Valley, requesting that the organization be granted a tax- exempt status on certain lots located in the City of Roanoke which are owned by Habitat to be used as sites for constructing houses for sale to iow income families at cost. Referred to the City Manager, City Attorney and Director of Finance for study, report and recommendation to Council. A communication from the Roanoke City School Board recom- mending appropriation of funds to certain school accounts. Adopted Ordinance No. 30210-82790. (6-0) A communication from The Honorable Donald S. Caldwell, Commonwealth's Attorney, recommending appropriation of $12,000.00 to Capital Outlay in order to upgrade word processing capability and to establish a records mana- gement system for the Office of Commonwealth's Attorney. Reports Adopted Ordinance No. 30211-82790. (6-0) 2. A report of the City ~anager concurring in the above recommendation. Received and filed. of Officers: City Manager: Briefings: None. Items Recommended for Action: A report recommending authorization for use of the City logo to be imprinted on umbrellas to be made available for purchase by City employees. Concurred in the recommendation. A report recommending that the Vietnam Veterans of America, Chapter No. 81, be authorized to display American flags on certain street lighting poles in the Central Business District of the City for a period of one year. Adopted Ordinance No. 30212 on first reading. (6-0) A report recommending approval of a local match capital grant subsidy for Greater Roanoke Transit Company to provide funds for the purchase of 15 new buses. Adopted Ordinance No. 30213-82790 and Resolution No. 30214-82790. (6-0) A report recommending execution of an amendment to the Grant Agreement with Mental Health Services of the Roanoke Valley for renovation of the Alcohol Detoxification and Rehabilitation Center located at 801 Shenandoah Avenue, N. ~. Adopted Resolution No. 30215-82790. (6-0) A report recommending execution of a revocable permit for the encroachment of decorative glass and steel canopies attached to the facade of Center-in-the-Square over portions of the public sidewalk on Church Avenue, S. E. Adopted Ordinance No. 30216 on first reading. (6-0) The City Manager was requested to work with Center in the Square officials with regard to the posts along Campbell Avenue for the canopy, as well as posts located in the vicinity of the Roanoke Museum of Fine Arts and the Science Museum. A report recommending award of engineering services reimbursement, with cost ceiling contracts, to Hayes, Seay, Mattern & ~attern, Inc., and Mattern & Craig, P.C., in connection with the 1990 Bridge Inspection Program. Adopted Resolution No. 30217-82790. (6-0) A report recommending authorization to execute a Memorandum of Understanding with the City of Roanoke Redevelopment and Housing Authority for administration of the 1989 Rental Rehabilitation Program. Adopted Resolution No. 30218-82790. abstained from voting.) (5-0, Mr. Harvey A report recommending authorization to execute a Grant Agreement with the Department of Housing and Urban Development accepting 1990 Rental Rehabilitation Program funds, in the amount of $90,000.00. Adopted Resolution No. 30219-82?90. abstained from voting.) (5-0, Mr. Harvey A report recommending authorization to execute a Real Estate Option for property located at 509 Tenth Street, S. ~., under the Home Purchase Assistance Program. Adopted Ordinance No. 30220-82790. (6-0) (5) 10. A report recommending authorization to initiate a peti- tion to rezone portions of parcels of land locatea on Mecca Street, N. E., bearing Official Tax Nos. 7090401 and 7080101, from RS-3, Residential Single Family District, to LM, Light Manufacturing District, in con- nection with development of a fire station to serve the Route 460 East corridor of the City. Concurred in the recommendation. 11. A report recommending authorization to execute a new option agreement with Elizabeth Arden Company for Parcel No. 4 in the Roanoke Centre for Industry and Technology. Adopted Ordinance No. 30221 on first reading. (6-0) Adopted Resolution No. 30222-82790. (6-0) 12. A report recommending Council's concurrence in a pro- posed schedule for quarterly neighborhood Council meetings. Adopted Resolution No. 30223-82790. ($-1, Mrs. Bowles voting no.) 13. A report recommending acceptance of a Library Services and Construction Act (LSCA) Title I, Subregional Library for the Blind Grant, in the amount of $7,428.00; and appropriation of funds therefor. Adopted Ordinance No. 30224-82790. (6-0) b. Director of Finance: 1. A financial report for the month of July, 1990. Received and filed. 6. Reports of Committees: A report of the Roanoke Regional Airport Commission recom- mending adoption of a Resolution approving the capital expenditure of $1,030,000.00 to be used for the acquisition of approximately 8.125 acres of land for airport expansion and development. Ms. Jacqueline L. Shuck, Executive Director. Adopted Resolution No. 30225-82790. (6-0) A report of the committee appointed to tabulate bids received for alterations and additions to Fire Station No. 4, located at 3768 Aerial ~ay Drive, S. W., recommending award of a contract to BKM Contractors Corporation, in the amount of $25,975.00; and appropriation of funds therefor. Council Member William White, Sr., Chairman. Adopted Ordinance No. 30226-82790, adopted Ordinance No. 30227-82790, and adopted Ordinance No. 30228-82790. (6-0) 7. Unfinished Business: None. 8. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 30177, on second reading, permanently vacating, discontinuing and closing an alley which lies between Spruce Street and Kindred Street, S. E., paralleling Brownlee Avenue and Carlisle Avenue. Adopted Ordinance No. 30177-82790. (6-0) Ordinance No. 30178, on second reading, rezoning a tract of land containing 0.227 acre, more or less, located on Oaklawn Avenue, N. ~., identified as Official Tax Nos. 2170210 and 2170211, Lots 11 and 12, from RS-3, Residential Single Family District, to RM-1, Residential Multi-Family, Low Density District, subject to certain conditions prof- fered by the petitioners. Adopted Ordinance No. 30178-82790. (6-0) Ordinance No. 30194, on second reading, authorizing the execution of a deed of release releasing the City's interest in a certain emergency telephone call box easement heretofore granted to the City of Roanoke, upon certain terms and conditions. Adopted Ordinance No. 30194-82790. (6-0) Ordinance No. 30199, on second reading, authorizing the extension of the current concessions and catering contract at the Roanoke Civic Center, upon certain terms and conditions. Adopted Ordinance No. 30199-82790. (6-0) Ordinance No. 30204, on second extension of the lease agreement ~ade Douthat, III, of certain Roanoke Centre for Industry and terms and conditions. reading, authorizing an between the City and A. property located in the Technology upon certain Adopted Ordinance No. 30204-82790. (6-0) Ordinance No. 30205, on second reading, authorizing the proper City officials to enter into a certain lease agreement with Sun Valley Swim & Slide, Inc., for the Sun Valley Swim Club and Campground property upon certain terms and conditions. Adopted Ordinance No. 30205-82790. (6-0) (7) 10. go Orainance No. 30206, on second reading, providing for the conveyance of a certain surplus parcel of City property bearing Official Tax No. 2141412 to the Roanoke Regional Airport Commission, upon certain terms and conditions. Adopted Ordinance No. 30206-82790. (6-0) Ordinance No. 30207, on second reading, authorizing an extension of the lease agreement between the City and James L. Trinkle of the premises at 124 Kirk Avenue, S. W., upon certain terms and conditions. Adopted Ordinance No. 30207-82790. (5-0, Mr. Bowers abstained from voting.) Motions and Miscellaneous Business: a. Inquiries and/or comments by the City Council. Vacancies on various committees appointed Vice-Mayor and Members of authorities, boards, commissions and by Council. Other Hearings of Citizens: A communication from the Southwestern Virginia Building and Construction Trades Council expressing concern over the bidding process to be used for the expansion and renovation of the Hotel Roanoke was referred to the City Manager for review and report to Council. Certification of Executive Session. (6-0) Adopted Resolution No. 30229-82790 approving an agreement bet- ween the City, Virginia Tech Real Estate Foundation, Inc., and Virginia Polytechnic Institute & State University for develop- ment of a conference center adjacent to and on the property of the former Hotel Roanoke. (6-0) (8) Office of the City Clerk August 27, 1990 File #514 Aaams Construction Company P. O. Box 12627 Roanoke, Virginia 24027 Ladies and Gentlemen: I am enclosing your Thirlane Road, N. ~., 1.6 miles. bid for realignment and reconstruction of from Peters Creek Road for approximately Inasmuch as an addendum which was mailed on August 22 and 23 did not provide sufficient time for out of state bidders to respond, I was instructed by the Council ta return the bids, unopened, with the understanding that the project will be readvertised and bids will be opened by the Council at a regular meeting to be held on Monday, September 17, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard. Sincerely, /'~l~.J~ 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 August 27, 1990 File #514 Robertson-Fowler Company, I~. P. 0. Box 679 t~uchanan, Virginia 24066 Ladies and Gentlemen: I am enclosing Thirlane Road, 1.6 miles. your bid for realignment and reconstruction of N. ~., from Peters Creek Road for approximately Inasmuch as an addendum which was mailed on August 22 and 23 did not provide sufficient time for out of state bidders to respond, I was instructed by the Council to return the bids, unopened, with the understanding that the project will be readvertised and bias will be opened by the Council at a regular meeting to be held on Monday, September 17, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard. Sincerely, /~/~ Mary F. Parker, 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 August 27, 199o File #514 Joe Bandy & Son, Inc. 1801Murry Road, S. ~. Roanoke, Virginia 24018 Ladies and Gentlemen: I am enclosing your bid for realignment and reconstruction of Thirlane Road, N. W., from Peters Creek Road for approximately 1.6 miles. Inasmuch as an addendum which was mailed on August 22 and 23 did not provide sufficient time for out of state biaders to respond, I was instructed by the Council to~ return the bids, unopened, with the understanding that the project will be readvertised and bids will be opened by the Council at a regular meeting to be held on Monday, September 17, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard. Sincerely, Mary F. Parker, 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 August 27, 1990 File #514 Branch Highways, Inc. P. 0. Box 8302 Roanoke, Virginia 24014 Ladies and Gentlemen: I am enclosing your Thirlane Road, N. ~., 1.6 miles. bid for realignment and reconstruction of from Peters Creek Road for approximately Inasmuch as an adaendum which was mailed on August 22 and 23 did not provide sufficient time for out of state bidders to respond, I was instructed by the Council to return the bids, unopened, with the understanding that the project will be readvertised and bids will be opened by the Council at a regular meeting to be held on Monday, September 17, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (7'03) 981.2541 Office of the City Clerk August 27, 1990 File #514 H. T. Bowling, Inc. Route 2, Box 333 Radford, Virginia 24141 Ladies and Gentlemen: I am enclosing your bid for realignment and reconstruction of Thirlane Road, N. ~., from Peters Creek Road for approximately 1.6 miles. Inasmuch as an addendum which was mailed on August 22 and 23 did not provide sufficient time for out of state bidders to respond, I was instructed by the Council to return the bids, unopened, with the unaerstanding that the project will be readvertised and bids will be opened by the Council at a regular meeting to be held on Monday, September 17, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard. Sincerely, .Nary F. Parker, 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 August 27, 1990 File #514 Allegheny Construction Company, Inc. 2920 Nicholas Avenue, N. E. Roanoke, Virginia 24012 Ladies and Gentlemen: I am enclosing your bid for realignment and reconstruction of Thirlane Road, N. ~., from Peters Creek Road for approximately 1.6 miles. Inasmuch as an addendum which was mailed on August 22 and 23 did not provide sufficient time for out of state bidders to respond, I was instructed by the Council to, return the bids, unopened, with the understanding that the project will be readvertised and bids will be opened by the Council at a regular meeting to be held on Monday, September 17, 1990, at 7:3~ p.m., or as soon thereafter as the matter may be heard. Sincerely, ~l~,~ 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 August 27, 1990 File #514 S. R. Draper Paving Company, Inc. 4742 Old ~ocky Mount Road, S. W. Roanoke, Virginia 24014 Ladies and Gentlemen: I am enclosing your Thirlane Road, N. W., 1.6 miles. bid for realignment and reconstruction of from Peters Creek Road for approximately Inasmuch as an addendum which was mailed on August 22 and 23 did not provide sufficient time for out of state bidders to respond, I was instructed by the Council to return the bids, unopened, with the understanding that the project will be readvertised and bids will be opened by the Council at a regular meeting to be held on Monday, September 17, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard. Sincerely, [~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 CITY OF ROANOKE I~T~/)EPARTMENT CO~3NICATION DATE: August 21, 1990 TO: Ms. Mary F. Parker, City Clerk FROM: ~ D. D. Roupe, Manager, General Services SUBJECT: REALIGNMENT AND RECONSTRUCTION OF THIRLANE ROAD Sealed bids will be received in the City Clerk's Office until 1:30 p.m., Monday, August 27, 1990 and held unopened until 2:00 p.m., at which time all such bids will be deliv- ered to City Council to be publicly opened and read aloud at their regular meeting on this same date, for the foll- owing: REALIGNMENT AND RECONSTRUCTION OF THIRLANE ROAD, N.W. BOM P~E~KS CREEK ROAD (ROUTE 117) FOR APPROXIMATELY 1.6 MILES ROANOKE, VIRGINIA JOB NUMBEK 9999-128-265, M501 A copy of the attached hereto. /dh cc: Bob Herbert Chip Snead Bill Clark Kit Kiser legal advertisement for this bid is NUMBER - 8141761~ PUDLISHER'S FEE - ~2~o~0 CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM 456 MUNICIPAL BLD~ ROANOKE VA 2~011 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION It (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TINES-WORLD COR- PORATION~ WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES ~ WCRLD-NEWS, A DAILY NEWSPAPER PUBLISHEO IN ROANOKE~ IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FCLLOwING DATES 08/16/90 MORNING APPOINTMBNT TO ROANOKE CITY SCHOOl. NOTICE OF PUBLIC HEARING CONCERNING APPOINTMENT TO ROANOKE CITY SCHOOL BOARD Pursuant to the provisions of $9-23, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a public hearing on Monday, August 27, 1990, at 2:00 p.m. in the City Council Chambers, Fourth Floor, Municipal Building, 215 Church Avenue, S. W., in order to receive the views of citizens concerning an appointment to fill a vacancy on the Roanoke City School Board. GIVEN under my hand this 14th day of August 1990. Mary F. Parker, City Clerk Note to Publisher: Please publish once on August 16, 1990, in the morning edi- tion of the Roanoke Times ~ World News. Please send publisher's certificate and bill to: Mary F. Parker, City Clerk City of Roanoke 464 Municipal Building Roanoke, Virginia 24011 MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE August 27, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss disposition of an interest in publicly held property by the Roanoke Redevelopment and Housing Authority and specific legal matters requiring the provision of legal advice by counsel being the terms and conditions of an economic development contract relating to such disposition pursuant to Section and Section 2.1-344(A)(7), Code of Virginia (1950), 2.1-344(A)(3) as amended. EBRj:shm cc: Mary F. Very truly yours, Earl B. Reynolds, Jr. Assistant City Manager Parker, City Clerk August 27, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel being the terms and conditions of an economic development contract pursuant to §2.1-344(A)(7), Code of as amended. Virginia (1950), EBRJ:shm Very truly yours, Earl B. Reynolds, Jr. Assistant City Manager cc: Mary F. Parker, City Clerk 0-2 Oath or Affirmation 8tato o] Vi~'ginia, C, it~ o] Roanoke, to I, ~&,J. lace ~-, .~;.len ., do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, nnd that I w/Il faithfully and impartially discharge and perform all the duties incumbent upon me as ~erm of }~. P~rcy Y. Keellmg, Sr., dece~m~d, ending August 31, 1992. according to the best of :ny ability. So help me God. ~f~./7~,~~ Subscribed and sworn to before me, thi ' /~"~ day o', t~4, / q% Office of the City Clerk August 27, 1990 File #450-15 Mr. Beverly T. Fitzpatrick, Jr. Chairman, Economic Development Commission 201 South Jefferson Street Roanoke, Virginia 24011 Dear Mr. Fitzpatrick: This is qualified a term of to advise you that Mr. Robert C. Lawson, Jr., has as a member of the Economic Development Commission for three years ending June 30, 1993. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. Brian Commission J. Wishneff, Secretary, Economic Development Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 0-2 Oafh or Affirmafign Office State ot Virginia, City o] Roanoke. to .~ii: I, ... ,Robert C. Lawson, · do solemnly swear (or ~fllrm) that I 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 Economic Development Commission for a term of three years ending 3une 30, 1993. according to the best of my ability. So help me God. ubscribed and sworn to before lne, this_~___day of June 27, 1990 File #450-15 Mr. Robert C. Lawson, Jr. 7~6 Cassell Lane, S. ~. Roanoke, Virginia 24014 Dear ~r. Lawson: 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 Economic DeYelopmen~ 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. 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, "~) Hary F. Parker, C~IC/AAE City Clerk ~FP:ra REELECT. 38 Enc. pc: Mr. Brian Commission J. Wishneff, Secretary, Economic Development Room 456 Municiool Building 215 Church Avenue S.W Roanoke, Virginia 24011 (703) 981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 25th day of June, 1990, ROBERT C. LA~SON, JR., was reelected as a member of the Economic Development 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 August 27, 1990 File #467-15 Ms. Nina F. Ross, Chairman Virginia Western Community College Board 270 Knollwood Road Rocky Mount, Virginia 24151 Dear Ms. Ross: This is to advise you that Ms. LaVerne B. Dillon and Mr. C. Boggs have qualified as members of the Virginia Community College Board for terms ending June 30, 1994. Sincerely, ~c~t Mary F. Parker, City Clerk CMC/AA E ~alcolm Western MFP:ra pc: Dr. Charles L. Downs, President, Virginia Western College Board, P. O. Box 14045, Roanoke, Virginia Community 24038 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 0-2 Oath or Affirmation of, Office State o~ Virginia, Oit$/ o~ Roanoke, to.trite: I, LaVerne B. Dillon ., do solemnly swear (or affirm) th&t ! 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 a~s a member of the Virginia Western Community College Board for a term ending June 30, 1994. Subscribed and sworn to before me, thig /~'7~ . day of Office of the City Clerk July 25, 1990 File #15-467 Ms. LaVerne B. Dillon 213 Preston Avenue, N. £. Roanoke, Virginia 24012 Dear Ms. Dillon: At the regular meeting of the Council of the City of Roanoke held on Monday, July 23, 1990, you were elected as a member of the Virginia Western Comnlunity College Board for a term ending June 30, 1994. Enclosed you will find a Certificate of your election and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were elected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric, pc: Ms. Nina F. Ross, Chairman. Virginia Western Community College Board, 270 Knollwood Road, Rocky Mount Virginia 24151 ' Dr. Charles L. Downs, President, Virginia Western Community College, P. 0. Box 14045, Roanoke, Virginia 24038 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Vi~inia 2~11 (703) 981-2~1 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 twenty-third day of July, 1990, LAVERNE B. DILLON was elected as a member of the Virginia ~estern Community College Board for a term ending June 30, 1994. Given under my hand and the Seal of the City of Roanoke this twenty-fifth day of July, 1990. City Clerk 0-2 Oath or Affirmation of . ffice ~tate o~ Virginia, U, itst o~ Roanolee, ~o .u~: I, Malcolm C. Boggs ~ 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 as member of the Virginia Western Community College Board for a term ending Aune 30, 1994. according to the best of my ability. So help me God. Subscribed and sworn to before me, this .. Office of the City Clerk July 25, 1990 File ~15-467 Mr. ~alcolm C. Boggs 2936 Rosalind Avenue, S. Roanoke, Virginia 24014 Dear Mr. Boggs: At the regular meeting of the Council of the City of Roanoke held on ~onday, July 23, 1990, you were reelected as a member of the Virginia Western Community College Board for a term ending June 30, 1994. Enclosed you will find a Certificate of your reelection and an Oath or Affir~nation 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 ~unicipal Building prior to serving in the capacity to which you were reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra En¢. pc: Ms. Nina F. College Board, 24151 Dr. Charles L. Colleqe, p. O. Ross, Chairman, Virginia Western 270 Knollwood Road, Rocky Mount, Downs, Presiaent, Virginia Western Box 14045, Roanoke, Virginia 24038 Boom 456 Community Virginia Community Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 COMMONWEALTH OF CITY OF ROANOKE VIRGINIA ) To-wi t: ) 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 twenty-third day of July, 1990, M~ALCOLM C. BOGGS was reelected as a member of the Virginia Western Community College Board for a term ending June 30, 1994. Given under my hand and the Seal of the City of Roanoke this twenty-fifth day of July, 1990. City Clerk Office of the City Clerk August 27, 1990 File #202~15 Mr. Kenneth S. Cronin Manager, Personnel Management Roanoke, Virginia Dear Mr. Cronin: This is to advise you that Ms. Judy D. Jackson has qualified a$a member of the Personnel and Employment Practices Commission for a term of three years ending June 30, 1993. Sincerely, ~O.~.~c Mary F. Parker, CMC/AAE City Clerk MFP:ra Room 456 Municipal Building 215 Church Avenue, S.W. Roanoka, Virginia 24011 (703) 981-2541 Oath or Afffl-mafion of Office 8tare o] Virginia, Cii~ o] Roanoke, to I, Judy D. Jackson , do solemnly swear (or a~) ~at I will sup~rt the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithhdly and impa~ially discharge and perform all the duties incumbent u~n me a ~ember o~ the Personnel and ~pioyment ~r~ccices Co~is~on, for ~ te~ o~ three years ending Jun~ 30, 1993. according to the best of my ability. So help me God. Subscribed and swor~ to before n,e, thin ~-JL~' da -- ~./ ~ ~ ~ , ~e~y ~lerK June 27, 1990 File #15-202 Mrs. Judy D. Jackson 3827 Wilmont Avenue, N. Roanoke, Virginia 24017 Dear Mrs. Jackson: 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. 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, C~C/AAE City Clerk ~FP:ra Enc. REELECT. 34 pc: Mr. Kenneth $. Cronin, Manager, Personnel Management Room 456 Municipal Building 215 Church Avenue S.W Roanoke, Virginia 24011 (703) 981~2§41 COMMONWEALTH 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, JUDY D. JACKSON 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, 1990. City Clerk STATEMENT OF APPRECIATION MAYOR TAYLOR AND MEMBERS OF ROANOKE CITY COUNCIL: AS A MEMBER OF THE BOARD OF DIRECTORS OF MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY APPOINTED BY YOU, I WANT TO USE THIS OPPORTUNITY TO THANK YOU FOR THE SUPPORT THAT YOU HAVE GIVEN TO MHSRV OVER THE PAST 20 YEARS OF ITS EXISTENCE. THE MANY CITIZENS IN OUR COMMUNITY WHO SUFFER FROM MENTAL ILLNESS, WHO ARE AFFLICTED WITH MENTAL RETARDATION OR WHO ARE CHEMICALLY DEPENDENT AND SEEKING TREATMENT ARE ALL VERY MUCH IN NEED OF OUR SERVICES. YOUR SUPPORT AND COMMITMENT TO THESE PEOPLE ASSURES THAT THEY WILL GET HELP. MOST PARTICULARLY I WANT TO THANK YOU FOR THE $306,588 YOU APPROPRIATED TO MHS FOR FY-91 TO PROVIDE SERVICES TO OUR CLIENTS IN ROANOKE CITY. THIS REPRESENTS A SIGNIFICANT INCREASE OVER THE FUNDING LEVEL YOU PROVIDED IN FY-90. AS YOUR BOARD REPRESENTATIVE I THANK YOU FOR ALL'BOARD AND STAFF AND PARTICULARLY FOR THOSE WHO ARE GETTING HELP AS A RESULT OF YOUR COMMITMENT AND SUPPORT. BOB LYNN MHSRV BOARD MEMBER August 9, 1990 Dr. Noel C. Taylor, Mayor City of Roanoke 215 Church Avenue, S. W. Roanoke, VA 24011 Dear Mayor Taylor: This is to request time on the agenda of the August 27th Roanoke City Council meeting for Mr. Bob Lynn to present a brief Statement of Appreciation for the appropriation of funds to MHSrv for FY 1991. Sincerely, Fred P. Roessel, Jr., P~.D. Executive Director FPRjr:cd c: Bob Lynn MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY EXECUTIVE OFFICES, 301 Elm Avenue, $.W., Roanoke, Virginia 24016-4026-(703) 345-9841 Serving the Counties of Botetourt, Craig and Roanoke and the Cities of Roanoke and Salem OFFICERS AND DIRECTORS F. EDWARD HARRIS Crestar Bank President MICHAEL M WALDVOGEL Waldvogel Poe & Cronk Vice President J. RANDOLPH GARRETT, III Chaney, Thomas Stephens0n & Hill Secretary JOSEPH B. WRIGHT Deloitte Haskins + Sells ROBERT G. BENNETT WILLIAM H. FULTON JAMES W HARKNESS ROBERT B MANETTA JAMES B MASSEY, I1~ PEGGY H. SPIEGEL CLAY H. TURNER JAMES M TURNER August 13, 1990 MS. Mary Parker City Clerk City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 Dear Ms. Parker: The purpose of this letter is to request placement on the agenda for the Roanoke City Council for the afternoon of Monday, August 27, 1990 to allow a presentation from Downtown Roanoke Incorporated. F. Edward Harris, our president, will be making the presentation. Our presentation will take about 10 minutes and will include an audio/visual component. I have discussed this request with Bob Herbert and Brian Wishneff. The purpose of the presentation is to make City Council aware of the activities and efforts of Downtown Roanoke Incorporated as well as to identify our goals and plans for the coa~tng year. If possible, could we have this presentation scheduled at the earliest possible point on City Council's agenda for August 27. Unless I hear from you otherwise, I will assu~e that this request is in order and can be granted. Please let me know if any additional information is required. I look forward to seeing you on the afternoon of August 27, 1990. ,. st, ~ranklin D. Kimbrough, III Executive Director FDK/alm DOWNTOWN ROANOKE, INCORPORATED 310 FIRST STREET, S.W · ROANOKE, VIRGINIA 24011 · (703) 342-2028 Office of the City Clerk August 27, 1990 File #132-60-184 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. ~lerbert: I am attaching copy of a communication from Council Member David A. Bowers proposing that certain actions be taken to prepare for a possible deficit in funding from the Commonwealth of Virginia, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, August 2?, 1990. On motion, duly seconded and adopted, the communication was referred to you for review and report to Council, along with information on contingency plans of the City to deal with the State budget short-fall. Council also requested that you investigate the feasibility of instituting an "Adopt A Program", an arrangement whereby businesses could fund a specific City program for a certain period of time. Sincerely, ~4ary 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 Council August 22, 1990 Honorable Mayor and Me~:bers of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles & Gentlemen: For weeks now we have all witnessed the news stories of our nation's profligate "borrow and spend" practices lead- ing to financial upheavals in the once strong savings and loan industry, trillion dollar Reagan national debt, threats of inflation and/or recession, and now a once unheard of possible debt deficit for our Commonwealth which amounts to over one billion dollars. Ou~ Director of Finance has been tracking these trends for several months, and alerting Council to the possi- ble problems we may face. I have noticed that his most recent comments involve the loss of funds from the Comnon- wealth, and his statement that everyday which passes that we do not know what effects may be made on our budget here in the City, is a wasted day in trying to solve the problems. In other words, the sooner we know how we will be hit with the deficit, the sooner we can respond appropriately. If Mr. Schlanger's alarming predictions are accurate, then perhaps our city government should not wait to take some minor immediate action to prepare for the impending storm. As the trustees of our city government, I don't be- lieve this City Council should wait another 30 to 60 days to wait to see how we will be affected entirely. We should take some steps now because I believe that, given the circum- stances as reported to us by others, we may be facing further drastic measures in the near future. Accordingly, I have discussed with Councilman Harvey and Councilman White some of the following details which I would ask our administration to consider for immediate action: 1. An immediate freeze on hiring of new City employees, with the exception of public safety departments such as the police, fire, rescue and the sheriff's department. Room 456 Municipal Building 2t5 Church Avenue, SW. Roanoke, Virginia 240t I (703) 981-2541 Honorable Mayor and Members of Roanoke City Council August 22, 1990 PAGE TWO 2. An immediate freeze on any new purchases for a 30 to 60 day period. We can probably get by with the use of old dump trucks, typewriters and the same pencils for at least a couple mere months. I would certainly hope that each department manager would also be admonished not to go out in advance of receipt of the formal policy statement on this matter from the City Manager in an effort to spend any excess funds or make any purchases prior to imposition of this control. 3. We need to have a review of the expenses in- curred by the City by employees who use municipal autos, plus we need to take a look, or perhaps impose a temporary suspension or set a new policy on, travel expenses, attendance at conferences by employees, and the use of consultants in our departments. By copy of this letter, I would request that the Manager provide us with all details regarding these particular matters so that Council can effectively reach some policy decisions later on their use by our employees. 4. I would suggest that the $2.3 million amount which Mr. Schlanger reported was available to us at the last Council meeting for our capital improvements and capital maintenance and equipment replacement fund should be set aside in a "rainy day reserve" for possible use by the Council over the next year to make up any deficits which we may face. Instead of using this for new equipment, we might need it for the continuance of necessary public services to our citi- zens. 5. Finally, I would certainly think that a re- sponsible school board, civic center commission, airport commission and other related operations of the City should consider this proposal in an effort to bring to the Council and our citizens sometime in the future their proposals for meeting this possible deficit in funding. I would appreciate this letter being placed on the agenda for Council's consideration at our next meeting on Monday, August 27, 1990. We should be prepared to act conservatively and prudently. DAB/jfk Sincerely, David A. Bowers Councilman Office of the City Clerk August 27, 1990 File #79-169 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Mr. ~ilburn C. Dibling, City Attorney Roanoke, Virginia Jr. Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Gentlemen: I am attaching copy of a communication from Mr. Billy H. Branch, Chairman of the Building Committee, Habitat for Humanity in the Roanoke Valley, requesting that the organization be granted a tax-exempt status on certain lots located in the City of Roanoke which are owned by Habitat to be used as sites for constructing houses for sale to low income families at cost, which com- munication was before the Council of the City of Roanoke at a regular meeting held on Monday, August 27, 1990. On motion, duly seconded referred to you for study, and adopted, the communication was report and recommendation to Council. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Billy H. Branch, Chairman, Building Committee, Habitat for Humanity in the Roanoke Valley, P. O. Box 8806, Roanoke, Virginia 24014 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 HABITAT FOR HUMANITY IN THE ROANOKE VALLEY P. O. Box 8806, Roanoke, VA 24014 (703) 344-0747 bu?lding hou~e~, in I:~J:ne'~hlp with (~od'~ people in August 8, 1990 Roanoke City Council 215 Church Avenue Room 456 Roanoke, Virginia 24011 Dear Members of Council: As you might know, Habitat for Humanity is a charitable organization which builds houses and sells them to low income families at cost. The monthly house payments are currently One Hundred Fifteen Dollars, interest free. The funds for acquisition of lots and building materials are derived from two sources; contributions from citizens and civic groups and from the monthly note collections on houses already deeded to the buyers. All volunteer labor is used except for electric wiring, plumbing, and installing the heating system. Inasmuch as Habitat does not realize any profit and inasmuch as no government funding is received, this is a request for tax-exempt status on the lots owned by Habitat. Plans call for all of these lots to be used as sites for erecting houses. Habitat sincerely hopes that you will give serious consideration to this request. Very truly yours, Chairman of the Building Committee ' 'HABITAT FOR HUMANITY building houses in podnemhip wflh God's pec~e in r~ July 13, 1988 Int~r~al R~mue Service District Director 25 South (3~rles Street, 21st Floor Balti~e, ~D 21201 Re: Tax EX~L~t Status--Habitat for Humanity in the Roanoke Valley, Inc., ~,,] No. 54-1375465 Habitat for ~ty, Inc., the central o~9~lization with which Habitat for Humanity in the Roanok~ Valley, Inc. is affiliated, reoeived a group ex~pti~ letter fr~ the District Director, Internal Revenue Service, A~l~nta, Geu~ia dated Feb~y 13, 1987. This letter is to notify you that w~ hav~ received authorizatia~ fr~a ~hltat for H~m3nity in the RDanoke Valley, Inc. to include them as an ~3~te urger our group exm~u~ion effective as of March 22, 1988. We are in ag£~eme~t with this, and have ~ this affiliate o~%~nization as an With this, Habitat for Humanity of the Roanoke Valley, Inc. will not continue tb~ individual determinatic~ of a tax ex~L~t status previously reoeived f£uu y~ur office. Very truly yours, Robert T. Ma~o Af filiata Coordinator Habitat for Ht~aanity, Inc. cc: Frances L. Land, Treasurer ~L~hitat for Humanity in the Roanoke Valley, Inc. Habitat and Church Streets / Americus, Georgia 3'1709 / [912] 924-6' HABITAT FOR HUMANITY IN THE ROANOKE VALLEY BYLAWS MARCH 17, 1986 Habitat for Humanity, Inc. Tax Exempt 58-128-5159 BYLAWS OF HABITAT FOR HUMANITY IN THE ROANOKE VALLEY ARTICLE I. ADMINISTRATION BOARD SECTION I. G__er_~_er al_E'o_w_e_rs VALLEY (hereinafter called otherwise provided by law, of Directors of Habitat. HABITAT FOR HUMANITY IN THE ROANOKE "The Corporation"), except as shall be vested in the Board SECTION II. Nu~bera_I_eDu_r_e_and Qualifications of Board Members The Board of Directors (hereinafter referred to as "The Board") will be composed and elected sc, as to comply with the Laws of the Commonwealth of Virginia and the requirements of agencies with whom The Board has contracts. Members of The Board will be elected solely by the existing Board members. no less than 12 members nor more Board member elected to serve serve only for the remainder of until a successor is elected. themselves in office. The Board will consist of than 30 ~embers. A an unexpired term shall the unexpired term and Board members may succeed The Board of Directors shall be broadly representative of the whole Christian community in the area served by the affiliate. Members of The Board are to be elected because of their personal commitment to Jesus Christ and their desire to serve with other Christians in meeting the physical and spiritual Members of The Board, particular ecclesiastical or civil allegiance and devotion of each Habitat for Humanity in the Roanoke needs of God's people in need. as such, do not represent institutions. The Director shall be to Valley and to the world community of affiliates and projects of Habitat for Humanity, and to all persons who have been, are being, or should be served by them. Board members need not be residents of the State of Virginia, but shall be citizens of the United States. No person receiving any benefit from The Corporation in the form of housing or mortgage lending shall be qualified to be a member of the Board of Directors of The Corporation. SECTION III. Elect i ,_-,r~ The Board members shall be elected by the members of the existing Board, by majority vote of those present. Vacancies on The Board by resignations or death may be 3 filled by election at any regular or special meeting of The Board. Names of proposed new members shall be first sub~itted to the Nominating and Personnel Committee, which shall present to the members a list of candidates recommended for election. SECTION IV. Any Board member may The Board, voting by special meeting. be re~;oved by a two-thirds vote of written ballot at a regular or SECTION V. The annual meeting of The Board shall be held during the month of May each year, at a time and place designated by the Chairperson. At least ten (10) days' written notice of the annual meeting shall be given each member by The Board shall meet not less than eight (8) times annually. The Board shall have regular meetings at such times and places established by resolution of The Board. Special meetings may be called by the Chairperson as may be deemed necessary. SECTION VI. Q_ ,._~ c_,~ _u r_~ One third of the membership of The Board shall cor~stitute SECTION VII. The act of a majority of The Board present at at which a quorum is present Board, unless the act law, the Articles of 4 a meeting shall be the act of The of a greater number is required by Incorporation or these bylaws. SECTION VIII. Duties The Board shall have of the affairs of The Corporation, and. electing officers necessary specifying the duties of each. full responsibility for the conduct determining policies for its operation and SECTION IX. Liabilitx. of Directors No individual Board members shall be held liable or responsible for any action taken by The Board in accordance with the provisions of the Charter and the Bylaws or for any legal action brought against The Corporation or its officers, and The Corporation shall exonerate and hold hard, less each member therefrom. ARTICLE II. COMMITTEES SECTION I. The Board r,~ay, but shall not an Executive Comn~ittee. The consist of the Chairperson, be required to, constitute Executive Cof~w~ i t tee shall Vice Chairperson, Secretary, Treasurer, Project Director, if any, and Chairpersons. It shall have and may exercise 5 Comm i t tee al 1 powers of The Board between meetings of The Board provided, however, that the Executive Committee shall not modify any action previously taken by The Board. the action taken is to be made at the Board following the meeting of the Committee. the members of the Executive Committee shall A report of meeting next A majority of constitute a SECTION II. Fin _a r_,_c _e _ C c_,r~it_ t_ _~ ~_ A Finance Committee shall be appointed from The Board by the Chairperson. The Finance Commit tee shal 1 primary responsibility for acquiring funds for purposes of The Corporation and working with Treasurer in the budgeting, proper management and accounting for funds of The Corporation. have the the SECTION III. ~iD~iBg and Personnel Committee A Nominating and Personnel Committee shall be appointed from The Board by the Chairperson. The Committee shall present a slate of Board r~embers and officers to be elected at each annual meeting and present from time to time names to fill vacancies of The Board. The Committee shall also make reeo~mendations for the employment of any personnel employed by The Corporation and the SECTION IV. 6 shall be appointed The Publicity/Fund Raising Committee from The Board by the Chairperson. The Committee shall have responsibility for providing publicity for and promotion of the charitable purposes of The Corporation, develop contacts with other volunteer organizations, and seek available assistance from ~he community. The Committee bhall coordinate all fund raising activities. SECTION V. A Site Selection/Building Committee shall be appointed from the Board by the Chairperson. The Committee shall provide both technical advice with regard to construction projects as well as assist in the providing of technical support in the form of contract and volunteer labor and materials and for provision of technical information for Habitat projects. The Committee will be responsible for making recommendations to The Board for site selection. SECTION VI. A Family Selection Committee Board by the Chairperson. responsibility for screening The Board to Corporation. shall b~ appointed from The The Committee shall have and recommending families to be beneficiaries of the projects of The SECTION VII. _Ot h_er _C¢_,n_m_~i' t_t ee__s Other standing or special committees of established by resolution of The' Board. 7 The Board may be The Chairperson and members of all such committees shall be appointed by The Board Chairperson annually. ARTICLE III. OFFICERS SECTION I. The officers of The Corporation shall consist of a Chairperson, Vice Chairperson, Secretary, Corresponding Board at the annual meeting for until a successor is duly elected. more than one of the above offices. themselves in office. who shall be elected by The a term of one year, or No person may hold Officers may succeed SECTION II. The Chairperson of The meetings of The Board, Corporation shall preside at ali shall appoint such committees as may be deemed necessary by The Board to carry out- effectively the function of The Board and shall perform such other duties as may be assigned by The Boated. The Chairperson shal 1 Cornm i t tee. be a r~en~ber ex-officio of al 1 the Nomirlat i r~g and Persor, nel SECTION III. ~!~__~i~B The Vice Chairperson of absence or disability of perforr~ such duties as the Chairperson. 8 The Board shall act in the the Chairperson and shall also may be assigned by The Board of SECTION IV. Secretar~ The Secretary shall be responsible for custody of all corporate records and the keeping of a record of proceedings of meetings of The Board and Executive Committee. The Secretary may appoint or request such assistance from the members of The Board or employees of The Corporation as shall be deemed appropriate to accomplish the functions of the office. SECTION V. ~B~iBg_~~ The Corresponding Secretary shall have the responsibility for the ~cknowledgment of gifts and other necessary correspondence for The Corporation. SECTION VI, The Treasurer shall have overall responsibility for the fiscal operation of The Corporation. The Treasurer shall have the authority and responsibility for the safe keepir~g of the funds and securities of The Corporation. SECTION VII. ~2Ec~ject Director The Board may, but 9 shall not be required to, select a person to fill a position known as Project Director. The Project Director shall have the responsibility ~for the coordination and advancement of all projects selected by The Board consistent with the purposes of The Corporation. The Project Director may be a volunteer, or may be a part-time or full-time employee. The Project Director may, but shall not be required to, be a member of The Board. SECTION VIII. The Board may elect or employ such other officers, including one or more assistant secretaries and one or such duties prescribed from time and to exercise such duties Chairperson. assistant treasurers as it shall deem desirable, other officers to have the authority and perform the to time by the Chairperson under supervision of the SECTION IX. R _en_~c_,va _1 Any officer elected or appointed by The Board may be removed by The Board whenever in its judgment be best interests of The Corporation or the institution would be served thereby, but such removal shall be with,_- prejudice to the contract rights, if any, of the officer SECTION X. Vac~rj~i~ A vacancy is any office because of death, removal, disqualification or otherwise, The Board for the unexpired portion of 10 resignation, may be filled by the term. SECTION XI. No officer shall be liable or responsible for any action taken pursuant to authorization of The Board in accordance with the provisions of the Articles of Incorporation and Bylaws or for any legal action brought against The Corporation, and The Corporation shall exonerate and hold hard, less each officer therefrom. ARTICLE IV. GENERAL OPERATIONS SECTION I. Contributions Ail financial and real gifts of money shall Board. estate contributions other than be accepted or declined, by The SECTION II. Audit The Board shall provide financial accounts of year. The audit may be persons er, gaged by The The Bc ard. for a suitable audit of the The Corporation at least once a provided internally or by other Board, as deemed appropriate by SECTION III. 11 The Board may determine which persons have major responsibilities for the handling of moneys and securities of The Corporation and may require such persons to be bonded at the expense of The Corporation, in such amounts as shall be determined by The Board. SECTION IV. Signatures on ail contracts, disbursement of funds, leases and other such items shall be provided' by resolution of The Board. SECTION V. A proposed annual budget expenditures and all revisions Board. No expenses shall be budgetary appropriation without Board. of estimated income and shall be approved by The incurred in excess of prior approval of The SECTION VI. All moneys of The name of The Corporation under such finar~cial institution as shall Board. Corporation shall be deposited in the conditions and in such be designated by The SECTION VII. ~B~e~ances~ Notes and Mortgages Conveyances of other evidence The Corporation 12 of ir, debtednesses issued ir, the naf~e of shall be signed by the Chairperson and Secretary, or such other officer or officers, agent or agents ef The Corporation as shall be deterr~ined by resolution of The Board. SECTION VIII. Fiscal The fiscal year. Year year of The Corporation shall ARTICLE V. CORPORATE SEAL be the calendar SECTION I. The corporate seal shall faced die with the na~e of of its organization. consist of a circular, flat- The Corporation and the year ARTICLE VI. AMENDMENTS SECTION I. These Bylaws ~ay of Incorporat ior~, given a be ar~ended bs provided in the Articles providing each Board ~e¢~ber has been written notice at least ten (10) days prior to the meeting of The Board considered, which notice the proposed ar~endr~ent. at which such change shall be shall contain the substance ef ARTICLES OF INCORPORATION OF HABITAT FOR HUMANITY IN THE ROANOKE VALLEY, INC. I do hereby act as corporation under the provisions the Code of Virginia, as amended, the following: meetings. (d) director, serve as the incorporator of a nonstock of Chapter II of Title 13.1 of and to that end do set forth the initial director is: Charles D. Fox, III 225 25th Street, Unit 1 Roanoke, Virginia as initially Application shall old or older who is Each member shall (a) The name of the corporation is Habitat for Humanity in the Roanoke Valley, Inc. (b) The corporation is organized for the purpose of transacting any or all lawful business, not required to be specifically stated herein, for which corporations may be in- corporated under Virginia law. (c) Membership in the corporation shall be through appli- cation to and election by existing membership, constituted by vote of the board of directors. be open to any individual eighteen (18) years interested in the purposes of the corporation. pay such dues as may from time to time be set by the board of directors in accordance with the bylaws. Each member shall be entitled to one vote in all matters coming before membership Each member shall have full voting rights. The initial board of directors shall consist of one and the name and address of the person who is to (e) The address of the initial registered office is 310 Seven-O-Seven Building, in the City of Roanoke, Virginia, and the initial registered agent whose business office is at that address is Charles D. Fox, III, who is a resident of the State of Virginia and a member of the Virginia State Bar. (f) The corporation shall indemnify each director and officer who was or is a party, or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, arbitrative, or investigative (other than an action by or in the right of the corporation) by reason of his being or having been a director or officer of the corporation, against expenses (including attorneys fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection with the action, suit. or proceeding if he acted in good faith and in the manner he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The corporation shall indemnify each director and officer who was or is a party or is threatened to be made a part~ to any threatened, pending, or completed action or suit by or in the right of the corporation to procure a Judgment in its favor by reason of his being or having been a director or officer of the corporation, against expenses (including attorneys fees) actually and reasonably incurred by him in connection with defense or settlement of such action or suit if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the corporation, except that no indemnification shall be made in respect to any claim, issue, or matter as to which the director or officer shall have been adjudged to be liable for negligence or misconduct in the performance of his duty to the corporation unless and only to the extent determined by a court as provided by law. In the event of the disposition of any action, suit. or proceeding in which no determination regarding good faith, reasonable belief, negligence, or misconduct, as applicable, has been made, such indemnity shall be conditioned upon a prior determination that the director or officer acted in good faith and with reasonable belief and without negligence or misconduct, as applicable, and that such payments or obligations are reasonable. Such determination shall be made (i) by the Board of Directors by a majority vote of a quorum consisting of directors who were not parties to such proceeding, (ii) by independent le§al counsel in a written opinion if such a quorum is not obtainable or, even if obtainable, if a quorum of disinterested directors so directs. Expenses incurred in defendinE any proceeding may be paid by the corporation in advance of the final disposition of such proceeding, if authorized in the manner set forth in the precedinE paragraph, upon receipt of an undertaktnE by or on behalf of the director or officer to repay such amount unless it shall ultimately be determined that he is entitled to tndeunni- fication. Every reference herein to director or officer shall include every director or officer or former director or officer of the corporation and every person who may have served at the request of the corporation or one of its subsidiaries as a director or officer or in a similar capacity of another corpo- ration, partnership, Joint venture, trust or other enterprise and, in all such cases, the heirs, executors, and administrators of such officer or director. The corporation may further indemnify each officer and director in any other manner pe~te~~ by~l~w. ~C~it~%~ ~:~ox, III , Incorporator ARTICLES OF AMENDb~NT OF THE ARTICLES OF INCORPORATION OF HABITAT FOR HUMANITY IN THE ROANOKE VALLEY, INC. On April 14, 1986, in a meeting of the Board of Directors of the Corporation, they found the following proposed amendments of its Articles of Incorporation were in the best interest of the Corporation. Paragraph (b) shall be amended to read as follows: (b) The corporation is organized for the following purposes: (1) To implement the gospel of Jesus Christ throughout the United States and around the world by working with economically dis- advantaged people to help them create a better human habitat in which to live and work. (2) To cooperate with other charitable organizations, through grants and otherwise, which are working to develop a better habitat for economically disadvantaged people. (3) To communicate the gospel of Jesus Christ by means of the spoken word and by distribution of Bibles and other Christian literature. (4) To receive, maintain and accept, as assets of the corporati( any property, whether real, personal or mixed, by way of gift, bequest, devise or purchase, from any person, firm, trust or corporation, to be held, administered and disposed of in accordance with and pursuant to the provisions of this Charter of Incorporation; but no gift; bequest, devise or purchase of any such property shall be received or made and accepted if it is conditioned or limited in such manner as shall require the disposition of income or principal to any organization other than a "charitable organization" or for meanings of such quoted terms as de- fined in Articles VIII and IX, or which would jeopardize the Federal Income Tax exemption of this corporation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1954, as now in force or acts in amend- ment thereof or substitution therefor. Paragraph (d) shall be amended to read as follows: (d) The initial board of directors, whose terms shall be for three (3) years from the date of incorporation, shall consist of 19 members. As stated above, the term of the initial board of directors shall be for a period of three years from the date of incorporation. This terr. shall be renewable for as many subsequent terms as the members of the board of directors decide. If a member of the board of directors resigns or decides against re- newing his or her term , then his or her replacement shall be by an appointment made by the existing board of directors. Said appointment shall be by majority of the board of directors present at a special meeti for this purpose after at least ten days notice has been given to all members of the board of directors, provided a quorum of at least one member is present. The initial board of directors consisting of 19 members is as fo]lov Olivia B. LaMotte Angle Behan 2930 Merino Dr. S.W. P.O. Box 2868 Roanoke VA. 24014 Roanoke, VA. 24007 Frances Bridge 3701 Bosworth Dr. Roanoke VA. 24014 Dennis McMahon 3565 Verona Trail Roanoke, VA. 24018 Margaret M. Grayson 2609 Robin Hood Road Roanoke VA. 24014 William Marmion 2730 Avenham Ave. S.W. Roanoke, VA. 24014 George F. Pollash 2207 Westover Ave. Roanoke VA. 24015 Linda P. Robinson 2105 Carter Rd. Roanoke, VA. 24015 David Hayden 1101 Woodrow Ave. S.~. Roanoke VA. 24013 Lonnie B. Trainor 303 Cascade Dr. Vinton, VA. 24179 Ben C. Rogers 2035 Governor Dr. N.W. Roanoke VA. 24019 Mary Lynn Rogers 2035 Governor Dr. N.W. Roanoke, VA. 24019 Frankie Land 730 Estates Road S.E. Roanoke VA. 24014 Georgia Meadows Rt. 2, Box 55 Fincastle, VA. 24090 James Ephraim 301 Patton Ave. N.W. Roanoke VA. 24017 Roderick Sinclair P.O. Box 9724 Hollins College, VA. 24020 Gary Kirby 4771 Showalter Rd. N.W. Roanoke, VA. 24019 Elise Hammond Route 2, Box 351 Vinton, VA. 24179 Robert Obey P.O. Box 2868 Roanoke, VA. 24001 Paragraph (g) shall be added and shall read as follows: (g) In the event of the dissolution of this corporation, to the extent allowed under applicable law, all of the assets of the corpora- tion shall be distributed to, or its assets shall be sold and the proceeds distributed to, another organization organized and operating for the same purposes for which this corporation is organized and operating, or to one or more corporations, funds or foundations organized and operating exclusively for religious, charitable, scientific, literary or educational purposes, which said corporations, funds or foundations shall be exempt under Section 501(c)(3) of the Internal Revenue Code of 1954, or as subsequently amended, which shall be selected by the board of directors of the corporation. In the event that for any reason upon the dissolution of the corporation the board of directors of the corporation shall fail to act in the manner herein provided within a reasonable time, the Judge of the Circuit Court of the City of Roanoke, Virginia, shall make such distribution as herein provided upon the application of one or more persons having a real interest in the corporatio~ or its assets. All members of the Corporation being on the Board of Directors, these proposed amendments and these said amendments were deemed to be ~dopted by the resolution of the Board of Directors. The amount of by the foregoing amendments. stated capital of the corporation is not changed EXECUTED in the name of Secretary who declare under stated herein are true. the corporation by its Chairperson and the penalties of perjury that the facts Dated this /~ day of ~.~C~ , 1986. HABITAT FOR HUMANITY IN THE ROANOKE VALLEY, INC. Chairperson and '~S~retary ' - - 3 Office of the City Clerk August 27, 1990 File #00-467 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30210-82790 amending and reordaining certain sections of the 1990-91 General and Grant Funds Appropriations, providing for the appropriation of funds to certain school accounts. Ordinance No. 30210-82790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 27, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Mr. James M. Turner, Jr., Chairman, Roanoke City School Board. P. O. Box 1669, Salem, Virginia 24153 Dr. Frank P. Tota, Superintendent of Schools, P. 0. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 991-2541 IN '£~lli COUNCIL OF T~E CITY OF ROP~IOKE, VIRGINIA The 27th day of August, 1990. No. 30210-82790. 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 Appropriations Education Instruction (1-3) .................................. Other Uses of Funds (4) ............................ Facilities (5) ..................................... Fund Balance Capital Maintenance and Equipment Replacement Program (6) ....................................... $65,649,631 48,694,369 208,500 996,535 2,202,524 Grant Fund Appropriations Education Chapter I Winter 89-90 (7) ......................... Chapter I Carryover (8-29) ......................... Chapter I Winter (30-67) ........................... Juvenile Detention Home (68-69) .................... $21,065,401 1,636,186 384,171 2,680,402 79,753 Artist in Education (70-71) ........................ Governor's School (72) ............................. Impact Aid (73-80) ................................. SAT Preparation (81-83) ............................ Revenue Education Chapter I Winter 89-90 (84) ........................ Chapter I Carryover Chapter I Winter (86) Juvenile Detention Home (87) ....................... Artist in Education (88-89) ........................ Governor's School (90). SAT Preparation (92) ............................... 1) Matching Funds 2) Matching Funds 3) Matching Funds 4) Transfer to Grant Fund 5) School Buses (001-060-6001-6201-0588) (001-060-6001-6301-0588) (001-060-6001-6204-0588) (001-060-6005-6999-0911) (001-060-6004-6676-0808) 6) CMERP 7) Comp. of Teachers 8) Elem. Teachers 9) Coordinators 10) Teacher Aides 11) Soc. Security 12) Retirement 13) Health Ins. 14) State Group Life Ins. 15) Secondary Teachers 16) Soc. Security -Schools (001-3324) $( 5,000) ( 5,000) ( 5,000) 15,000 171,700 (171,700) 035-060-6127-6000-0121) ( 383,215) 035-060-6129-6000-0121) 153,595 035-060-6129-6000-0124) 11,845 035-060-6129-6000-0141) 72,928 035-060-6129-6000-0201) 18,235 035-060-6129-6000-0202) 39,950 035-060-6129-6000-0128) 24,828 (035-060-6129-6000-0205) 2,550 (035-060-6129-6100-0121) 14,264 (035-060-6129-6100-0201) 1,091 17) Retirement 18) Health Ins. 19) State Group Life Ins. 20) Administrator 21) Clerical 22) Parent Involv. Teacher 23) Soc. Security 24) Retirement 25) Health Ins. 26) State Group Life Ins. 27) 28) 29) 3O) (035-060-6129-6100-0202) 2,390 (035-060-6129-6100-0128) 1,175 (035-060-6129-6100-0205) 152 (035-060-6129-6200-0114) 6,243 (035-060-6129-6200-0151) 6,047 (035-060-6129-6200-0121) 4,532 (035-060-6129-6200-0201) 1,287 (035-060-6129-6200-0202) 2,820 (035-060-6129-6200-0128) 1,063 (035-060-6129-6200-0205) Indirect Costs (035-060-6129-6200-0212) Nurses (035-060-6129-6672-0131) Soc. Security (035-060-6129-6672-0201) Elem. Teachers (035-060-6130-6000-0121) 179 6,793 11,336 868 875,293 $ 32,000 793,909 59,547 3,740 $21,065,401 1,636,186 384,171 2,680,402 79,753 32,000 793,909 59,547 3,740 31) Coordinators 32) Teacher Aides 33) Soc. Security 34) Retirement 35) Health Ins. 36) State Group Life Ins. 37) Instr. Travel 38) Instructional Equipment 39) Secondary Teachers 40) Soc. Security 41) Retirement 42) Health Ins. 43) State Group Life Ins. 44) Administrator 45) Clerical 46) Parent Involv. Teacher 47) Coordinator 48) Soc. Security 49) Retirement 50) Health Ins. 51) State Group (035-060-6130-6000-0124) (035-060-6130-6000-0141) (035-060-6130-6000-0201) (035-060-6130-6000-0202) (035-060-6130-6000-0128) (035-060-6130-6000-0205) (035-060-6130-6000-0553) (035-060-6130-6000-0821) (035-060-6130-6100-0121) (035-060-6130-6100-0201) (035-060-6130-6100-0202) (035-060-6130-6100-0128) (035-060-6130-6100-0205) (035-060-6130-6200-0114) (035-060-6130-6200-0151) (035-060-6130-6200-0121) (035-060-6130-6200-0123) (035-060-6130-6200-0201) (035-060-6130-6200-0202) (035-060-6130-6200-0128) Life Ins. (035-060-6130-6200-0205) 52) Indirect Costs (035-060-6130-6200-0212) 53) Service Contracts 54) Dissemination 55) Admin. Travel 56) Field Trips 57) Testing, Evaluation 58) Parent Involv. 59) Inservice Training 60) Ofc. Supplies 61) Food 62) Instructional Supplies 63) Equipment 64) Nurses 65) Soc. Security 66) Medical Travel 67) Med. Supplies 68) Travel 69) Instructional Supplies 70) Contracted Artists 71) Instructional Supplies (035-060-6130-6200-0332) (035-060-6130-6200-0351) (035-060-6130-6200-0553) (035-060-6130-6200-0583) (035-060-6130-6200-0584) (035-060-6130-6200-0585) (035-060-6130-6200-0129) (035-060-6130-6200-0601) (035-060-6130-6200-0602) 035-060-6130-6200-0614) 035-060-6130-6200-0821) 035-060-6130-6672-0131) 035-060-6130-6672-0201) 035-060-6130-6672-0553) 035-060-6130-6672-0605) 035-060-6586-6554-0551) (035-060-6586-6554-0614) (035-060-6814-6201-0381) (035-060-6814-6201-0614) $ 65,452 439,663 105,601 231,353 89,050 14,770 1,500 81,170 142,640 10,912 23,906 7,125 1,526 49,054 39,864 12,085 20,690 9,310 20,395 6,412 1,302 45,374 57,455 4,500 4,100 52,950 9,195 30,750 19,760 5,575 23,025 87,057 6,820 68,340 5,228 4,500 6,700 2OO 700 29,250 2,750 72) Equipment 73) Clerical 74) Soc. Security 75) State Retire- ment 76) Health Ins. 77) State Group Life Ins. 78) Publications 79) Inservice 80) Supplies 81) Instructional Services 82) Soc. Security 83) Instructional Supplies 84) Federal Grant Receipts 85) Federal Grant Receipts 86) Federal Grant Receipts 87) State Grant Receipts 88) Local Match 89) Federal Grant Receipts 90) State Grant Receipts 91) Federal Grant Receipts 92) Fees (035-060-6963-6307-0802) (035-060-6964-6665-0151) (035-060-6964-6665-0201) (035-060-6964-6665-0202) (035-060-6964-6665-0128) (035-060-6964-6665-0205) (035-060-6964-6665-0351) (035-060-6964-6665-0554) (035-060-6964-6665-0601) (035-060-6968-6447-0313) (035-060-6968-6447-0201) (035-060-6968-6447-0614) (035-060-6127-1102) (035-060-6129-1102) (035-060-6130-1102) (035-060-6586-1100) (035-060-6814-1101) (035-060-6814-1102) (035-060-6963-1100) (035-060-6964-1102) (035-060-6968-1103) $ 47,390 15,000 1,148 2,514 1,425 160 1,500 2,500 3,000 3,000 240 500 ( 383,215) 384,171 2,680,402 900 15,000 17,000 47,390 27,247 3,740 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. August 27, 1990 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger, Director of Finance School Board Request for the Appropriation of Grants and CMERP Funds I have reviewed the attached request of the School Board. This report will appropriate seven grants. Six of the seven grants are funded with 100% federal funding, state funding, or fees. The Artist in Education grant requires a local match of $15,000. Funding for the local match is available in the Instruction category of the Education section of the General Fund in the following accounts: · Matching Funds (001-060-6001-6201-0588) $ 5,000 · Matching Funds (001-060-6001-6301-0588) 5,000 · Matching Funds (001-060-6001-6204-0588) 5,000 $15,000 This report will also appropriate $171,700 from FY90 Capital Maintenance and Equipment Replacement Program (CMERP) funds for the purchase of school buses. This represents the first appropriation from the School Board's FY90 CMERP funding. I recommend that you concur with this request of the School Board. 'q~, Jam~s M. Turner. Jr.. Chairmon Sallye T. Coleman. Vice Chairman Mo'tlyn C. Curtis /,..-- fioanoke City School Board emanuel C C-d~ua~Js '/lx~nas L C~r Finn D. Plncus Velma B. Self Franl~ P. Tota, Sup~lntendem Richard L I'(elle~, Cle~ of the Board P.O Box 13105, Roanoke, Virginia ~)4031 · 703-981-~)~81 August 15, 1990 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official action at its meeting of August 14, 1990, the School Board respectfully requests City Council to appropriate funds to the following school accounts: Grant No. 6129- $384,171.00 for the Chapter I Carryover program to utilize the balance of the FY89-90 Chapter I allocation to defray FY90-91 Chapter I costs. The program will be reimbursed one hundred percent by federal funds. Grant No. 6130- $2,680,402.00 for the Chapter I Winter Program to provide remedial reading, language arts and mathematics instruction for students in targeted schools. The program will be reimbursed one hundred percent by federal funds. Grant No. 6586- $900.00 for the Juvenile Detention Home program to provide funds for the salary and expenses of the two educational coordinators at the detention home. The program will be reimbursed one hundred percent by state funds. Grant No. 6814- $32,000.00 for the Artist in Education program to provide funds for the enhancement of the district's arts program by bringing experts into the schools for student workshops. The program will be reimbursed by federal funds and local match. Grant No. 6963- $47,390.00 for the 1990-91 Governor's School program to provide instruction in science and math to high school students. The program will be supported by state funds and tuition collected from participating school districts. Excellence In Education Members of Council Page 2 August 15, 1990 Grant No. 6964- $27,247.00 for the Impact Aid program to provide funds for special education clerical costs and the partnership/grants development program. The program will be reimbursed by federal funds. Grant No. 6968- $3,740.00 for the SAT Preparation program for 1990-91 to provide funds from student fees for instruction to prepare students for the Scholastic Aptitude Test. The Board further requests the appropriation of $171,700.00 from the 1990-91 Capital Maintenance and Equipment Replacement Fund to purchase school I~uses in accordance with the Virginia Department of Education school bus replacement schedule. The approval of these requests will be appreciated. Richard L. Kelley Clerk of the Board and Executive for Business Affairs rg cc: Mr. James M. Turner, Jr. Dr. Frank P. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy, Jr. M~/~ W. Robert Herbert r' Wilburn C. Dibling · Joel M. Schlanger (with accounting details) ROANOKE CITY SCilOOL BOARD Roanoke, Virginia APPROPRIATION RE~.UEST Capital Maintenance and Equipment Replacement Funds Request I 001-060-6004-6676-0808 Appropriation Unit ZD1 School Buses $ oo.oo The above appropriation represents the first request for proceeds from the 1990-91 Capital Maintenance and Equipment Replacement Fund. School buses will be replaced in accordance with the Virginia Department of Education school bus replacement schedule. August 14, 1990 RO~O£E CITY SCHOOl, BOARD Roanoke, Virginia APPROPRIATION REQUEST Chapter I Carryover, 124-90-3 6129 035-060-6129-6000-0121 035-060-6129-6000-0124 035-060-6129-6000-0141 035-060-6129-6000-0201 035-060-6129-6000-0202 035-060-6129-6000-0128 035-060-6129-6000-0205 035-060-6129-6100-0121 035-060-6129-6100-0201 035-060-6129-6100-0202 035-060-6129-6100-0128 035-060-6129--6100-0205 035-060-6129-6200-0114 035-060-6129-6200-0151 035-060-6129-6200-0121 035-060-6129-6200-0201 035-060-6129-6200-0202 035-060-6129-6200-0128 035-060-6129-6200-0205 035-060-6129-6200-.0212 035-060-6129-6672-0131 035-060-6129-6672-0201 Appropriation Unit Z1N 035-060-6129-1102 Elementary Teachers Coordinators Teacher Aides Social Security Retirement Health Insurance State Group Life Insurance Secondary Teachers Social Security Retirement Health Insurance State Group Life Insurance Administrator Clerical Parent Involvement Teacher Social Security Retirement Health Insurance State Group Life Insurance Indirect Costs 153,595.00 11,845.00 72,928.00 18,235.00 39,950.00 24,828.00 2,550.00 14,264.00 1,091.00 2,390.00 1,175.00 152.00 6,243.00 6,047.00 4,532.00 1,287.00 2,820.0O 1,063.00 179.00 6,793.00 Nurses 11,336.00 Social Security 868.00 $ $ Federal Grant Receipts 384 171.00 384 171.00 The Chapter I Carryover program will utilize the balance ol the FY1989-90 Chapter I allocation to defray FY1990-91 Chapter I costs. The appropriation of carryover funds should be partially funded from the FY1990 Chapter I Winter program through a reduction in account 035-060-6127-6000-0121 in the amount of $383,215, with an increase in appropriation unit Z1N of $956 to appropriate the total allocation available for FY1990. One hundred percent of expenditures will be reimbursed by federal funds. The program will end December 31, 1990. August 14, 1990 ROA~O{[E CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATIO~UEST Chapter I Winter, 124-91-1 6130 035-060-6130-6000-0121 035-060-6130-6000-0124 035-060-6130-6000-0141 035-060-6130-6000-0201 035-060-6130-6000-0202 035-060-6130-6000-0128 035-060-6130-6000-0205 035-060-6130-6000-0553 035-060-6130-6000-0821 035-060-6130-6100-0121 035-060-6130-6100-0201 035-060-6130-6100-0202 035-060-6130-6100-0128 035-060-6130-6100-0205 035-060-6130-6200-0114 035-060-6130-6200-0151 035-060-6130-6200-0121 035-060-6130-6200-0123 035-060-6130-6200-0201 035-060-6130-6200-0202 035-060-6130-6200-0128 035-060-6130-6200-0205 035-060-6130-6200-0212 035-060-6130-6200-0332 035-060-6130-6200-0351 035-060-6130-6200-0553 035-060-6130-6200-0583 035-060-6130-6200-0584 035-060-6130-6200-0585 035-060-6130-6200-0129 035-060-6130-6200-0601 035-060-6130-6200-0602 035-060-6130-6200-0614 035-060-6130-6200-0821 035-060-6130-6672-0131 035-060-6130-6672-0201 035-060-6130-6672-0553 035-060-6130-6672-0605 Appropriation Unit ZiO Elementary Teachers Coordinators Teacher Aides Social Security Retirement Health Insurance State Group Life Insurance Instructional Travel Instructional Equipment Secondary Teachers Social Security Retirement Health Insurance State Group Life Insurance Administrator Clerical Parent Involvement Teacher Coordinator Social Security Retirement Health Insurance State Group Life Insurance Indirect Costs Service Contracts Dissemination Administrative Travel Field Trips Testing, Evaluation Parent Involvement Inservice Training Office Supplies Food Instructional Supplies Equipment Nurses Social Security Medical Travel Medical Supplies $ 875,293.00 65,452.00 439,663.00 105,601.00 231,353.00 89,050.00 14,770.00 1,500.00 81,170.00 142,640.00 10,912.00 23,906.00 7,125.00 1,526.00 49,054.00 39,864.00 12,085.00 20,690.00 9,310.00 20,395.00 6,412.00 1,302.00 45,374.00 57,455.00 4,500.00 4,100.00 52,950.00 9,195.00 30,750.00 19,760.00 5,575.00 23,025.00 87,057.00 6,820.00 68,340.00 5,228.00 4,500.00 6,700.00 $ 2,680,402.00 035-060-6130-1102 Federal Grant Receipts 2,680,402.00 The Chapter I Winter Program will provide remedial reading, language arts and mathematics instruction for students in targeted schools. The program is one hundred percent reimbursed by federal funds and will end June 30, 1991. August 14, 1990 RO/L~OKE CItY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUE$? Juvenile Detention Home 1~90-91 6586 035-060-6586-6554-0551 035-060-6586-6554-0614 Appropriation Unit Z3N Travel Instructional Supplies 200.00 700.00 900.00 900.00 035-060-6586-1100 State Grant Receipts The Juvenile Detention Home program provides funds for the salary and expenses of the two educational coordinators at the detention home. One hundred percent of expenses are reimbursed by state funds. The above appropriation represents additional state funds made available for the second coordinator at the detention home. The program will end June 30, 1991. August 14, 1990 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION RF~UEST Artist in Education 90-91 6814 035-060-6814-6201-0381 035-060-6814-6201-0614 Appropriation Unit Z8H Contracted Artists Instructional Supplies $ 29,250.00 2,750.00 $ 32t000.00 035-060-6814-1101 035-060-6814-1102 Local Match Federal Grant Receipts $ 15,000.00 17,000.00 $ 32,000.00 The Artist in Education program provides funds for the enhancement of the district's arts program by bringing experts into the schools for student workshops. The program is reimbursed in the amount of $17,000 by federal funds. Local match in the amount of $15,000 will be provided from accounts 001-060-6001-6201-0588 ($5,000), 001-060-6001-6301-0588 ($5,000), and 001-060-6001-6204-0588 ($5,000). The program will end June 30, 1991. August 14, 1990 ROANOKE CITY SC~O0~ BOARD Roanoke, Virginia APPROPRIATION RF~,UEST GOvernor's School 1990-91 6963 035-060-6963-6307-0802 Appropriation Unit Z3I Equipment _47~390.00 035-060-6963-1100 State Grant Receipts $ 47,390.00 The 1990-91 Governor's School program will provide instruction in science and math to high school students. The program will be supported by state funds and tuition collected from participating school districts. The above appropriation represents additional state funds .provided for the improvement of technology in the area of instructional equipment. The program will end dune 30, 1991. August 14, 1990 ROANOKE CITY SCflOO6 BOARD Roanoke, Virginia APPROPRIATION REQUEST Impact Aid go-g1 6964 035-060-6964-6665-0151 035-060-6964-6665-0201 035-060-6964-6665-0202 035-060-6964-6665-0128 035-060-6964-6665-0205 035-060-6964-6665-0351 035-060-6964-6665-0554 035-060-6964-6665-0601 Appropriation Unit Z3P Clerical Social Security State Retirement Health Insurance State Group 6ire Insurance Publications Inservice Supplies 15,000.00 1,148.00 2,514.00 1,425.00 160.00 1,500.00 2,500.00 3~000.00 $ _27,247.00 035-060-6964-1102 Federal Grant Receipts $ 27,247.00 The Impact Aid program provides funds for special education clerical costs and the partnership/grants development program. The above appropriation represents additional federal funding received for the program. The program will end June 30, 1991. August 14, 1990 ROANOI~E CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION RF~JEST SAT Preparation 1990-91 6968 035-060-6968-6447-0313 035-060-6968-6447-0201 035-060-6968-6447-0614 Appropriation Unit Z3U Instructional Services Social Security Instructional Supplies $ 3,000.00 240.00 500.00 035-060-6968-1103 Fees $ 3,740.00 The SAT Preparation program for 1990-91 will provide funds from student fees for instruction to prepare students for the Scholastic Aptitude Test. The program will end June 30, 1991. August 14, 1990 Office of the City Clerk August 27, 1990 File #60-133-472 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30211-82790 amending and reordaining certain sections of the 1990-91 General Fund Appropriations, providing for the appropriation of $12,000.00 to Capital Outlay, Commonwealth's Attorney, in order to upgrade w~rd processing capability and to establish a records management system for the Office of Commonwealth's Attorney. Ordinance No. 30211-82790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 27, 1990. Sincerely, ~41.~-~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pC: The Honorable Donald S. Caldwell, Commonwealth's Attorney Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety 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 27th day of August, 1990. No. 30211-82790. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General Fund Appropriations, and providing for an emergency. WHEREAS, for Government of the exist. the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Judicial Administration Commonwealth's Attorney (1) ....................... $ 3,400,054 685,811 Revenue Grants-in-Aid Commonwealth Shared Expenses (2) ............................... 1) Capital Outlay 2) Commonwealth's Attorney (001-026-2210-9005) (001-020-1234-0610) $12,000 12,000 $53,227,293 2,182,995 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia August 27, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Appropriation of Funds for Capital Outlay I concur in the attached report prepared by Donald S. Caldwell, Commonwealth's Attorney, regarding the above subject. Respectfully submitted, WRH/ga CC: W. Robert Herbert City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Director of Administration and Public Safety Roanoke, Virginia August 27, 1990 The Honorable Mayor and Members of City Council Roanoke, VA Subject: Appropriation of Funds for Capital Outlay Dear Members of City Council: I. Background: me The Commonwealth Attorney's 1990-91 budget request submitted to the State Compensation Board included a request for funding in capital outlay to continue upgrading our word processing capability and provide equipment capable of establishing a records management system. II. Current Situation: III. A. The Commonwealth Attorney's 1990-91 budget as approved by the State Compensation Board included $12,000.00 in capital outlay. B. The Commonwealth Attorney's 1990-91 budget as approved by City Council did not provide funding for capital outlay. Recommendation: ae Appropriate the Compensation Board approved funds in the amount of $12,000.00 to account 001-026-2210-9005, Capital Outlay, in the Commonwealth Attorney's budget; B. Increase the revenue estimate for shared expenses - Commonwealth Attorney (001-020-1234-0610) in the amount of $12,000.00. R~espectfully submitted, Donald S. Caldwell Commonwealth Attorney DSC:btw cc: City Manager City Attorney Director of Finance Director of Administration & Public Safety Office of the City Clerk August 27, 1990 File #184-23-175 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report recommending authorization for use of the City logo to be imprinted on umbrellas to be made available for purchase by City employees, was before the Council of the City of Roanoke at a regular meeting held on ~onday, August 27, 1990. On motion, duly recommendation. seconded and adopted, Council concurred in 'the Sincerely, ~-~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. Joel M. $chlanger, Ms. Deborah J. Moses, Mr. William F. Clark, ~r. Ronald H. Miller, Administrator Mr. H. Daniel Pollock, Ms. Marie T. Pontius, Director of Finance Chief of Billings and Collections Director of Public ~orks Building Commissioner/Zoning Housing Development Coordinator Grants Monitoring Administrator Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (7'03) 981-2541 Honorable Mayor and Members of Council Roanoke, Virginia Roanoke, Virginia August 27, J990 Dear Members of Council: Subject: City Logo Umbrellas for City Employees I. Background A. City logo was placed on City vehicles and stationery during Roanoke's Centennial year. This practice has continued since that time. City of Roanoke adopted a Mission Statement in December 1988, that "Roanoke, the 'Star City', will be the most exceptional place to live and work in the South." One of the Strategic Issues identified regarding this mission was Image, i.e., that "Roanoke shall create the most positive image achievable." City employees have been provided the opportunity to publicly identify themselves as City employees and promote a positive image of the City through: I. City logo lapel pins which were presented to City employees, and "In the City" T-shirts have been made available for City employees to purchase and wear on "T-shirt Day" for the past 2 years by Downtown Roanoke, Inc. II. Current Situation Ao Production of umbrellas, with white, blue and green panels and bearing the City logo, to be made available to City employees who may wish to purchase such item at its production cost has been suggested by some City employees as a way to enhance the City's image. B. Sample umbrella has been created and is available for inspection at this time. The umbrella is a high quality stick umbrella with 100% nylon panels, 62-inch arc, windproof metal frame, extra strong double eight rib construction, lightning proof fiberglass shaft, and wood handle. The umbrella is made in the U. S. A. and comes with a heavy vinyl sheath. Production cost of each umbrella is $27.50. Full payment must be made with each order, and a minimum order of 36 umbrellas is required for the umbrellas to be available. III. Issues A. Consistency with the City of Roanoke's Mission Statement and Strategic Issues Statement on Image. B. Cost to the City. C. Timing. Honorable Mayor and Members of Council August 27~ 1990 Page Two IV. Alternatives ho Authorize the use of the City logo to be imprinted on umbrellas to be made available for purchase by City employees at the umbrella's production cost. Consistency with the City of Roanoke's Mission Statement and Strategic Issues Statement on image would be met by providing City employees with an opportunity to proudly display the City colors and logo to the community in both an attractive and functional manner, presenting a highly positive image of both the City and its employees. Cost to the City would be nothing. No City funds would be used in connection with the production or sale of the umbrellas. The umbrellas' purchase price would be paid by individual City employees who wish to purchase such item at production cost. Timing is such that a sample umbrella is currently available for inspection by employees prior to placing an order for the product. City employees could be notified of this opportunity to purchase this item immediately. Do not authorize the use of the City logo to be imprinted on umbrellas to be made available for purchase by City employees at the umbrella's produc- tion cost. Consistency with the City of Roanoke's Mission Statement and Strategic Issues Statement on image would not be met as City employees would not have an opportunity to proudly display the City colors and logo to the community in both an attractive and functional manner, presenting a highly positive image of both the City and its employees. 2o Cost to the City could be recognized as a lost opportunity to promote a highly positive image of both the City and its employees to the com- mumty. 3. Timing would not be an issue. V. Recommendation Adopt Alternative A~ thereby authorizing the use of the City logo to be imprinted on umbrellas to be made available for purchase by City employees at the umbrella's production cost. Respectfully submitted ~ City Manager Honorable Mayor and Members of Council Page 3 August 27, 1990 BC:(CR.#2, /42.1) CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Chief, Office of Billings and Collections Office of the City Clerk August 27, 1990 File #55-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30214-82790 staging the intent of Roanoke City Council to provide $250,000.00 in local funds to match state and federal grant funding for the purchase of 15 new buses by the Greater Roanoke Transit Company. Resolution No. 30214-82790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 27, 1990. Sincerely, ~ Mary F. Parker, C~C/AAE City Clerk ~FP:ra Enc . pc: Mr. Mr. ~r. Mr. Mr. W. Robert Herbert, City ~anager Joel M. Schlanger, Director of Finance Kit Bo Kiser, Director of Utilities and Operations Stephen A. Mancuso, General Manager, ~lley ~etro 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, The 27th day of August, 1990. No. 30214-82790. VIRGINIA A RESOLUTION stating the intent of Roanoke City Council to provide $2§0,000.00 in local funds to match state and federal grant funding for the purchase of 1§ new buses by the Greater Roanoke Transit Company. WHEREAS, the Greater Roanoke Transit Company ("GRTC") has submitted a capital grant application to the Urban Mass Transit Administration ("UMTA") to replace 18 1970 buses; and WHEREAS, federal and state grants for the above captioned purchase in the amount of $2,20§,000.00 require a local match of $280,000.00 which has been requested of the City of Roanoke by Valley Metro. THEREFORE, BE IT RESOLVED by Roanoke City Council that it is the intent of this Council to provide $2§0,000.00 in local funds to match state and federal grants for the purchase of 18 new buses as more particularly set forth in the report to this Council dated August 2T, 1990, and the City Manager is hereby authorized to execute appropriate documentation necessary to evi- dence such intent. ATTEST: City Clerk Office of the City Clerk August 27, 1990 File #60-55-236 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30213-82790 amending and reordaining certain sections of the 1990-91 General Fund Appropriations, in connection with a local capital grant subsidy for Greater Roanoke Transit Company, in the amount of $250,000.00, to match state and federal grant funding for the purchase of 15 new buses. Ordinance No. 30213-82790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 27, 1990. Sincerely, Mary F. Parker, City Clerk CMC/AAE MFP:ra Enc. pc: Mr. Mr. Mr. W. Robert Herbert, City .Manager Kit B. Kiser, Director of Utilities and Operations Stephen A. Mancuso, General Manager, Valley Metro Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 AN ORDINANCE the 1990-91 General emergency. WHEREAS, for IN THE COUNCIL OF '£H~ CITY' OF ROANOKE, VIRGINIA The 27th day of August, 1990. No. 30213-82790. to amend and reordain certain sections Fund Appropriations, and providing for of 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 Roanoke that certain sections of the 1990-91 Appropriations, be, and the same are hereby, reordained to read as follows, in part: Appropriations Community Development Greater Roanoke Transit Company (1) ............... Revenue of the City of General Fund amended and $1,486,363 522,605 Miscellaneous Revenue $ 502,979 Accounts Receivable - GRTC (2) .................... 250,000 Sale of Property (3) .............................. 270,000 1) Subsidies (001-056-8150-3700) $250,000 2) GRTC (001-1046) 250,000 3) Sale of Surplus Property (001-020-1234-0861) 250,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia August 27, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Local Match Capital Grant Subsidy Support for GRTC I. Background: Capital grant application to Urban Mass Transit Administration (UMTA) to replace 15 1976 buses has been made by Greater Roanoke Transit Company (T/A Valley Metro). B. Funding scenario anticipated is as follows: Federal Grant State Grant Sale of old buses Local Match $1,912,500 352,500 35,000 250t000 $2,550,000 The local match has been requested by Valley Metro General Manager, informally over a period of time and formally by the attached letter. Do Offer of Krant could be made anytime after assertion that Valley Metro has the local share. If Valley Metro cannot certify availability of local match funds, not only is the grant in question lost, but the validity and credibility of future potential grant applications is questioned by the Federal and State governments. Documentation of the availability of local funds has been requested by UMTA, per the attached letter of August 2, 1990. II. Current Situation: Review of i~ediate capital needs has been made. Considering the need to replace 15 year old buses, the dependence of many of our citizens on reliable bus service, and the fact that if the grant is lost, the City could ultimately be responsible for 100% of the cost, rather than 10% if the grant offer is made and accepted, this is a priority request. Bo Cash outlay timing for the expenditure of these funds is not expected to occur for another 12 - 18 months, e.g., after the bidding process and delivery time. Sale of City-owned property previously housing Valley Metro is expected to net $250,00. The income from this property can be earmarked, and supplemented, if needed, up to an additional $50,000 from parking revenue from Parking Management Company (PMC) from FY 90 receipts (after completing the independent audit). III. Issues: A. Need B. Local cost C. Funding IV. Alternatives: A. Council authorize the following: Director of Finance to establish account receivable in the amount of $250,000 from the sale of property and/or FY 90 PMC parking revenue. ii. Appropriate $250~000 to Account No. 001-056-8150-3700. iii. Pass a resolution stating the intent of Council to provide $250~000 in local funds to match State and Federal grants for the purchase of 15 new buses. Need to replace 15 year old buses will have been evidenced by State and Federal funding of approximately 90% of the cost. Each of these buses has more than 500,000 miles, and each has had the motor and transmission overhauled. 2. Local cost will be approximately 10% or $250~000. Funding is available from the sources noted above and will be earmarked for this project. B. Do not authorize the local match subsidy. Need to replace the old buses will still exist and get more critical with the passage of time. Local cost could very likely be 100% of the cost of buses purchased in the future due to the loss of grant funds. 3. Fundin~ becomes a moot issue for now but an even more critical issue in the future. Recon~nendation: Council authorize the budget adjustment and resolution in accordance with Alternative "A". WRH/KBK/afm Attachment cc: City Attorney Director of Finance General Manager, Valley Metro Respectfully submitted, W. Robert Herbert City Manager COMMONWEALTH of VIR( DEPARTMENT OF TRANSPORTATION 1401 EAST 8ROAO STREET RAY D. PETHTEL RICHMOND, 23219 ROBERT G, CORDER Mr. Steve Mancuso Greater Roanoke Transit Company P.O. Box 13247 Roanoke, Virginia 24032 Dear Mr. Mancuso: August 2, 1990 I am writing you regarding the requirement for documentation of local commitment of funding for the Section 3 capital grant. In order for your application to be complete, UMTA requires a formal letter of commitment fro~the locality providing the matching funds. This letter should reference the locality's programming of the funds as part of its capital improvements program, VDOT is sending such a letter of commitment regardin~ ~he state aid capital funds that will match the federal grant. When UMTA receives this information from Roanoke, the application will be considered complete. Thank you for your assistance in this matter. cc: File Sincerely, Principal Public Transportation Engineer TRANSPORTAllON FOR THE 2151' CENTURY Hay 24, 1990 W. Rohert Herbert City Manager City of Roanoke 215 Church Avenue Roanoke, Virginia VALLEY METRO Greater Roanoke Transit Comply P.O. B~ 13247 Ro~moke, ~ 24032 703.982.0305 Dear Mr. Herbert, The Greater Roanoke Transit Company has submitted grant applications to the Urban Mass Transportation Administration and the Virginia Department of Transportation for the purpose of obtaining funding to replace fifteen of the buses presently operated by GRTC. The total amount of money needed for this purchase is ~2,550,0oo.oo and of this amount, GRTC is eligible to receive a total of ~2r265,OOO.OO from UMTA and VDOT assuming that GRTC can match these grants with ~285,0OO.OO of its own funds. Unfortunately, GRTC does not have any such funds and it is not likely that the sale of the buses to be replaced and some miscellaneous equipment will generate more than ~35,000.00. On behalf of the GRTC, therefore, I am requesting that the City of Roanoke provide GRTC ~25o,000.00 so the aforementioned matching requirement can be met and the fifteen buses can be replaced. In considering our request, please keep in mind the predicament GRTC will face if the request is denied. First, it will not be possible to replace any of the fifteen buses (all of which are already fourteen years old) and the continuation of service as provided today will therefore be seriously threatened. Secondly, it is becoming increasingly more difficult to obtain UHTA funding for capital purchases and the very distinct possibility exists that the grant application just submitted will be the last that gains approval for quite some time. It iS therefore critical that GRTC secure the matching funds required and it is Just as important to do so prior to grant approval which could occur as early as July 1, 1990. Otherwise, GRTC could not accept the grant funds when they are offered and non- acceptance would lead to the grant being rescinded. Thank you for your time and consideration. I look forward to a favorable response in the very near future. Respectfully, General Hanager Office of the City Clerk August 27, 1990 File #22-76 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30215-82790 authorizing execution of an amendment to the Grant Agreement between .the City and Mental Health Services of Roanoke Valley for the renovation of the Alcoholic Detoxification and Rehabilitation Center at 801 Shenandoah Avenue, N. W., providing for an additional $40,000.00 in Community Development Block Grant funds as a local share for the needed alternates. Resolution No. 30215-82790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 27, 1990. Sincerely, ~t_ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pC: Dr. Services Virginia Mr. Ms. Mr. Mr. Mr. Ms. Fred P. Roessel, Jr., Executive Director, Mental Health of Roanoke Valley, 301 Elm Avenue, S. W., Roanoke, 24016 James D. Ritchie, Director of Human Resources Donna S. Norvelle, Human Resources Coordinator William F. Clark, Director of Public ~orks Brian J. Wishneff, Chief of Economic Development John R. Marlles, Chief of Community Planning Marie T. Pontius, Grants ~onitoring Administrator Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (?03) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2?th dsy of August, 1990. No. 30215-82790. A RESOLUTION authorizing the execution of an amendment to the Grant Agreement between the City and Mental Realth Services of Roanoke Valley for the renovation of the Alcoholic Detoxification and Rehabilitation Center at 801 Shenandoah Avenue, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or Assistant City ~anager and the City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, Amendment No. 1 to the Grant Agreement between the City and Mental Health Services of Roanoke Valley, dated January 16,1990, to be in form approved by the City Attorney, providing for an additional $40,000.00 in Community Development Block Grant (CDBG) funds as a local share for the needed alternates, such amendment shall include Alternates B and D from the original bid documents~ as more particularly set forth in the report to this Council dated August 27, 1990. ATTEST: City Clerk. Roanoke, Virginia ~ · i August 27, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Amendment to the Grant Agreement with Mental Health Services for renovation of the Detoxification Center on Shenandoah Avenue, N.W. BACKGROUND: City Council aDDroved the FY 1989-1990 Community Development Block Grant (CDBG) program on April 10, 1989, by Ordinance No. 29512. Be CDBG 1989-1990 CDBG Droqram included a matchin~ ~rant to Mental Health Services of the Roanoke Valley for the renovation of the Alcohol Detoxification and Rehabilitation Center (ADRC) at 801 Shenandoah Avenue, N.W. City Council aDDroDriated CDBG funds on June 26, 1989 by Ordinance No. 29637, including $84,000 for the ADRC renovation. D. Council authorized a ~rant a~reement, by Ordinance No. 29909- 1890 adopted on January 8, 1990, between the City and Mental Health Services for renovation of ADRC. II. CURRENT SITUATION: A. Renovations on ADRC began in March 1990, this included base bid items only. Basic contract did not include several alternates, including Alternate D, installation of an elevator to provide access for handicapped clients and staff, and Alternate B, removal of unsafe exterior structures which constitute fire hazards and are in danger of collapsing. C. Mental Health Services obtained partial fundin~ for needed alternates and requested CDBG funding for the remainder. D. City Council aDDroDriated FY 1990-1991 CDBG funds on June 25, 1990 by Ordinance No. 30125-62590. FY 1990-1991 CDBG aDDroDriations included a matching grant of $40,000 for alternates to the ADRC renovations. III. ISSUES: A. Cos___~t t_~o the City. B. Funding. C. Compliance with Federal regulations. D. Community Development Objectives. E. Drug and alcohol detoxification services Valley residents. for low income IV. ALTERNATIVES: Authorize the City Manager to execute the attached amendment to the Grant Agreement with Mental Health Services of the Roanoke Valley for needed alternates in the renovation of the Alcohol Detoxification and Rehabilitation Center at 801 Shenandoah Avenue, N.W. 1. Cost to the City will be $40,000 in FY 1990-1991 CDBG funds. 2. Funding i__s available in CDBG Account No. 035-090-9020- 5176. 3. Compliance with recent Federal regulations requiring handicapped accessibility will be ensured. Community development objectives of improving citizen safety and providing treatment for drug abuse would be addressed. Drug and alcohol detoxification services for low income Valley residents, provided in a safe, accessible facility, would remain available. Do not authorize the City Manager to execute the attached amendment to the Grant Agreement with Mental Health Services of the Roanoke Valley. Cost to the City would be nothing, initially. Future costs would be realized if treatment for drug and alcohol abuse cannot be adequately provided through this facility. 2. Funding would not be an issue. 3. Compliance with Federal regulations will not be achieved since all federally assisted projects must address the issue of handicap accessibility. 4. Community development issues would not be fully addressed through this project. Dru~ and alcohol detoxification treatment for low income Valley residents, provided in a safe and accessible facility, would be at risk. RECOMMENDATION: It is recommended that City Council concur with Alternative A and authorize the City Manager to execute the attached amendment to the Grant Agreement with Mental Health Services of the Roanoke Valley for the renovation of the Alcohol Detoxification and Rehabilitation Center at 801 Shenandoah Avenue, N.W. Respectfully submitted, W. Robert Herbert City Manager WRH:vlp CC: Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Resources Chief of Economic Development Chief of Community Planning Grants Monitoring Administrator Human Resources Coordinator Executive Director, Mental Health Services of the Roanoke Valley AMENDMENT NO. 1 to MENTAL HEALTH SERVICES of the Roanoke Valley Grant Agreement THIS AMENDMENT, entered into this day of , 1990 by and among the CITY OF ROANOKE, VIRGINIA, a municipal corporation chartered under the laws of the Commonwealth of Virginia (hereinafter, the "City"), and MENTAL HEALTH SERVICES of the Roanoke Valley (hereinafter, Subgrantee). WHEREAS, the City and the Subgrantee have, by a Grant Agreement dated January 16, 1990, contracted for alterations and additions to the two-story alcohol and drug detoxification center at 801 Shenandoah Avenue, N.W. (Authorized by City Council by Ordinance No. 29909-1890 adopted January 8, 1990); and ' WHEREAS, by Ordinance No. 30125-62590 adopted June 25, 1990, Roanoke City Council authorized additional funding for the renovation of the Alcohol Detoxification & Rehabilitation Center (ADRC) as part of the FY 1990-91 Community Development Block Grant (CDBG) program; and WHEREAS, two bid alternates are necessary to ensure a safer environment for clients, staff and visitors; and to provide necessary handicapped access to the treatment facility. NOW, THEREFORE, the City and Subgrantee do mutually agree to amend the Grant Agreement as follows: Part 1. SCOPE OF SERVICES, revised to read as follows: This project provides for alterations and additions to a two- story alcohol and drug detoxification center at 801 Shenandoah Avenue, N.W. Roanoke, Virginia, owned by Community Housing Corporation and leased for fifteen (15) years by the Subgrantee. The project generally consists of demolition of existing partitions, removal of ceilings, installation of new partitions, ceilings and floor coverings, and related mechanical and electrical work, including sprinklers and other fire suppression equipment. The work also includes the addition of a new entry, new rest rooms, painting of the exterior, a kitchen and ancillary facilities. The work on this project shall be phased to allow continued occupation of the facilities for its program throughout the construction period. The first alternate, Alternate B in the bid specifications, consisting of the removal of unsafe exterior structures which constitute fire hazards and are in danger of collapsing. Plus, the second alternate, Alternate D, installation of an elevator to provide handicapped access to both floors of ADRC. Improvements are more specifically detailed in the plans and specifications of the project, included as part of this Agreement by reference. Part 3. BUDGET, revised to read as follows: VA Mental Health and Mental Retardation $125,000 City of Roanoke CDBG Funds 124,000 VA Dept. of Housing & Community Development 250,000 City of Salem, Virginia 5,560 Botetourt County, Virginia 1,451 TOTAL $506,011 The Agreement shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the City and Subgrantee have executed this amendment as of the date first written above. ATTEST: CiTY OF ROANOKE Mary F. Parker, City Clerk W. Robert Herbert, City Manager ATTEST: MENTAL HEALTH SERVICES of the Roanoke Valley Fred P. Roessel, Jr. Executive Director Office of the City Clerk August 27, 1990 File #102 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30217-82790 authorizing you to enter into engineering services reimbursement, wi'th cost ceiling contracts, with Hayes, Seay, Mattern & Mattern, in an amount not to exceed $44,000.00, and with Mattern and Craig, P.C., in an amount not to exceed $53,500.00, to provide for the performance of certain bridge inspection services. Resolution Ko. 30217-82790 was adopted by the Council of the City of Roanoke at a regular meeting held on'Monday, August 27, 1990. Sincerely, ~.~ Mary F. Parker, CMC/AAE City Clerk ~FP:ra Eric o pc: Mr. Steve Campbell, Mattern & Craig, P.C., 701 First Street, S. W., Roanoke, Virginia 24016 Mr. Steve J. Chapin, Hayes, Seay, Mattern & Mattern, Inc. P. O. Box 13446, Roanoke, Virginia 24034 ' Ms. Jacqueline L. Shuck, Executive Director, Roa~oke Regional Airport, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012 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 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OP ROANOKE, The 27th day of August, 1990. No. 30217-82790. VIRGINIA, A RESOLUTION authorizing the City ~anager to enter into engi- neering services reimbursement with cost ceiling contracts with certain engineering firms, providing for the performance of cer- tain bridge inspection services; and rejecting certain other pro- posals. RE IT RESOLVED by the Council of the City of Roanoke that: 1. The City ~anager or the Assistant City ~anager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and to attest, respectively, an engineering services reimbursement with cost ceiling contra~t with Hayes, Seay, Mattern & ~attern, for the provision by such firm of bridge inspection services, as more particularly set forth in the August 27, 1990, report of the City ~anager to this Council, for an amount not to exceed $44,000.00. 2. The City ~anager or the Assistant City ~anager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an engineering services reimbursement with cost ceiling contract with ~attern & Craig, P.C., for provision by such firm of bridge inspection services, as more particularly set forth in the August 27, 1990, report of the City ~anager to this Council, for an amount not to exceed $53,500.00. 3. The form of the contract with each firm shall be approved by the City Attorney. 4. The City Clerk is directed to notify the other firms which submitted proposals to the City of the award of these contracts, and to express the City's appreciation for their pro- posals. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Roanoke, Virginia August 27, 1990 Dear Members of Council: Subject: 1990 Bridge Inspection Program I. Background 1978 Surface Transportation Act enacted by Congress requires that all bridges, including "off Federal Aid System" struc- tures, must be included in the bi-annual inspection program. SupDlementary Bridge Inspection Report~ are required on sixty-four (64) structures in the City of Roanoke this year. Forty-one (41) structures (40 bridges and 1 tunnel) are inspected annually while twenty-three (23) structures are inspected bi-annually. II. Current situation is that Engineering Services Qualification Proposals for the necessary technical inspections and reports were publicly advertised and received from: * Hayes, Seay, Mattern & Mattern, Inc. * Mattern & Craig, P.C. A. Selection of the firm~ for consideration was based on the following criteria: 1. gualification of personnel 2. Time available to meet schedule 3. .Experience in performing bridge inspections 4. Ability to produce project on time 5. Local accessibility for project coordination and cooperation 6. Response to request for proposal 7. Past record with City of Roanoke Page 2 Bo Do Interviews were held with both qualified firms. Staff team included Charles H. Huffine, P.E., City Engineer; Robert K. Bengtson, Traffic Engineer; and John A. Peters, P.E., Civil Engineer II. Complexity of Bridge Inspections again led the staff to select the two (2) qualified firms to complete two (2) equal portions of work. Since the two interviewed firms conducted the bridge inspections in 1989, the staff also decided that each firm would be assigned the bridges they were not assigned in the previous year to add new insight to the 1990 inspections. Negotiations were conducted with the two (2) qualified firms (Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig, P.C.) for the necessary technical inspections and reports. E. Sco~e of work to be performed includes: Field investigations of thirty-two (32) bridges by each firm to include pertinent roadway approaches, waterway, piers and abutments, bearings, stringers, beams, girders, decks, expansion joints, curbs, sidewalks, bridge railing, culverts, and signing. Hayes, Seay, Mattern & Mattern Inc. will also be responsible for inspecting the Airport Tunnel. Inspection re~orts to be prepared with sketches and/or photographs to adequately describe deficiencies and problem areas. Measurements and calculation, necessary to conduct and determine load ratings and safe load limits as required by new Federal regulations (41 bridges). Load ratings usually require three (3) times the technical manhours of an inspection. Hayes, Seay, Mattern & Mattern will be responsible for four (4) load ratings whereas Mattern & Craig, Inc. will be responsible for twelve (12) load rating analyses. Final inspection doc~m~nt~ completed in accordance with the Federal, State and City criteria regarding the bridge inspection program. Ail reports to be completed before the end of 1990. In-depth inspections have been stressed by Federal and State Highway agencies related to a particular aspect of bridge inspection as a result of catastrophic bridge failures in other states in recent years. The agencies require: Page 3 III. Underwater bridge inspections require more care to detect possible erosion of support in waterways beneath bridge structures. Many of the City's bridges being inspected are above waterways, the majority of which have structural supports underwater. These structures must be analyzed physically and mathematically to determine catastrophic scour potential. Cost reimbursement fee for engineering services is based on actual manhours used to physically review each component of the sixty-three (63) bridges and one (1) tunnel. Hayes, Se&y, Mattern & Mattern, Inc. and Mattern & Craig, P.C., in following this billing procedure, offer reasonable manhour pay rates and an acceptable cost ceiling. H. Cost Comparison: 1. 1989 Total Inspection Costs: $123,800.00 2. 1990 Total Inspection Costs: $97¢500.00 Issues in evaluating the proposal and awarding contracts to firms known to be qualified are: A. Inclusion of proper work scope. H. Ability to meet time sche~,,l~-. C. Reasonableness of fee. D. Availability of fundinq. IV. Alternatives for providing the necessary work are: Award engineering services reimbur~ment with cost cei]{nU co~tracts to Hayes, Se&y, Mattern & Mattern, Inc. and Mattern & Craig, P.C. in amounts not to exceed $44,000.00 and §53~500.00, respectively. 1. Inclusion of proper work sco~e~ have been reviewed and verified. 2. Ability to meet time schedul~ has been demonstrated and firms are ready to begin i~mediately. 3. Reasonableness of fee has been established through "cost ceiling." Hayes, Seay, Mattern & Mattern, Inc. has set a cost ceiling in their proposal of $44~000.00 while Mattern & Craig, P.C. has set a cost ceiling in their proposal of $53~500.00. Page 4 4. Availability of funding exists in the General Fund "Fees for Professional Services--Engineering" Account 001-052-4310-2010 for the bridge inspections ($96,765.00) and Airport Conunission's "Airport Engineering" Account 004-058-4401-7070 ($735.00) for the Airport Road Tunnel. Do not award engineering services reimbur=~m~t with cost ceiling contracts to Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig, P.C. in amounts not to exceed $44,000.00 and $53~500.00, respectively. 1. Inclusion of ~ro~er work scope would have to be deferred to the City or other consultants. 2. Ability to meet time schedule would be jeopardized. 3. Reasonableness of fee cannot be assured. 4. Availability of funding would remain in the General Fund "Fees for Professional Services--Engineering" Account 001-052-4310-2010 and the Airport Commission's "Airport Engineering" Account No. 004-058-4401-7070. V. Recommendation is that the City: cc: Be Award engineering services reimbursement with cost ceiling contracts in forms approved by the City Attorney to Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig, P.C. in amounts not to exceed $44~000.00 and $53,500.00, respectively. Funding is available for the contracts from the General Fund "Fees for Professional Services--Engineering" Account 001-052-4310-2010 and the Airport Commission's "Airport Engineering" Account No. 004-058-4401-7070 (upon approval by the Airport Executive Director). Re{mhursement will be requested from the Airport upon completion of the work. Respectfully submitted, W. Robert Herbert City Manager Director of Finance City Attorney Director of Public Works Director of Utilities and Operations City Engineer Construction Cost Technician Airport Executive Director Office of the City Clerk August 27, 1990 File #178-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30218-82790 authorizing execution of a Memorandum of Understanding with the City of Roanoke Redevelopment and Housing Authority pertaining to the administration of a Rental Rehabilitation Program. Resolution No. 30218-82790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 27, 1990. Sincerely, ,~ary F. Parker, CMC/AAE City Clerk MFP:ra Eric. pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housinq Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. William F. Clark, Director of Public Works Mr. Ronald H. Miller, Building Coramissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development 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 27th day of August, 1990. No. 30218-82790. VIRGINIA, A RESOLUTION authorizing the execution of a Memorandum of Understanding with the City of Roanoke Redevelopment and Housing Authority pertaining to the administration of a Rental Rehabilitation Program. BE IT RESOLVED by the Council of the City of Roanoke that 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 Memorandum of Understanding with the City of Roanoke Redevelopment and Housing Authority pertaining to the administration of a Rental Rehabilitation Program, as requested and described in the City Manager's report to Council dated August 27, 1990; such Memorandum of Understanding to be approved as to form by the City Attorney. ATTEST: City Clerk. Roanoke~ Virginia .August 27, 1990 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: 1989 Rental Rehabilitation Program - Execution of Memorandum Understanding 7Vith RRHA I. Background Rental Rehabilitation Program is a cooperative program among the Department of Housing and Urban Development (HUD), the City, and the Roanoke Redevelopment and Housing Authority (RRHA), to encourage rehabilitation of privately-owned rental property in targeted neigh- borhoods. B. Roanoke received its 1989 Program allocation of $106,000 from HUD in May 1989. Program's design at that time p~0vided that: /. Funds from HUD would be loaned to property owners to pay approxi- mately one-third O~rehab~itati~ costs, as a 0% interest loan, to be repaid over /0 yearsi and 2. The balance of rehabilitation costs would be loaned to property- owners by the Virgini~-Hous~g Development Authority (VHDA) from $212,000 allocated to Roanoke for the Program from the Virginia Housing Partnership Fund. A portion of these funds ¢vould be in the form of a grant for energy-conserving repairs, and a loan C~ 6-8% interest for 15 years for the remaining repairs. C. Administration of this pac~of funds for the Rental Rehabilitation Program has been d~-~yed until ~-h~ previous allocation of Program funds, allocated in 1988, was committed to projects. Il. Current Situation A. P~roject commitments aga_inst previous funding allocation~ have been made to reduce the earli-er backlog of funds to a level such that the "1989-funded Program" may be begun. B. HUD regulations require that Prob,.am funds be committed to_~orojects hJethln two y~rs of ~eJ~g awarded ;co a grantee locality. Therefore, $106,000 allocated by HUD to the City must be committed by May 1991. Execution of a Memorandum of Understanding with the RRHA is necessary to specify the arrangements between that agency and the City for implementation of the Program. August 27~ 1990 Page 2 III. Issues A. Consistency with the recommendations of the Housing Development Strategic Plan Task Force B. Impact on neighborhood revitalization C. Housing opportunities for disadvantaged citizens D. Cost to the City E. Timing IV. Alternatives A4 Authorize the City Manager to execute the Memorandum of Understanding (Attachment) with the RRHA for administration o£ the 1989 Rental Rehabilitation Program, the Memorandum to be approved as to form by the City Attorney. Consistency with the recommendations of the Housing Development Strategic Plan Task Force would be achieved by matching and multiplying available resources, and providing for long-term funding through loan repayments (General Policy 5); and accepting allocations to support rehabilitation of substandard rental units (Goal 7~ Objective A~ Activity 1). Impact on neighborhood revitalization would be positive. The $106,000 allocation to Roanoke will be matched by $212,000 addi- tional funds allocated for the Program by the State. ~hen all funds from all sources are considered, the 1989-funded Rental Rehabilitation Program should produce a total of approximately $315,000 o£ rehabilitation. Approximately 18 substandard dwelling units in approximately _8 buildings ~'~1 be renovated under this phase of the Program. In addition, long-term revita- lization would be enhanced by repayment of HUD funds to the City for reuse over 10 years to renovate other rental units or for other uses approved by HUD. Housing opportunities for disadvantaged citizens would be enhanced by the improvement of about 18 units that likely will remain affordable to low-moderate income tenants. Cost to the City will be nothing. /he Program grant is reserved by HUD for the City~ requires no City matching funds~ and is drawn on by the RRHA as the administering agent, but does not actually August 27, Page 3 1990 come to the City or appear in its finances. The State funds reserved to the Program do not constitute an obligation of the City or the RRHA and will not require a match of any funds from the City other than the HUD funds for the Program. AdmJnistra- tion of the Program in this fiscal year is provided for by the contract for services between the RRHA and the City, and will be accomplished with existing staff, paid with CDBG funds. Timing is such that the Program can be advertised immediately. The beginning and ending dates of the 1989 Program are specified in paragraph 9 of the Memorandum of Understanding (Attachment). Do not authorize the execution of the Memorandum of Understandinff. with the RRHA for the 1989 Rental Rehabilitation Program. Consistency with the recommendations of the Housing Development Strategic Plan Task Force could be met if arrangements for the administration of the Rental Rehabilitation Program are made other than by the RRHA. If the Program is not administered however, the recommendations of the Task Force would be violated by turning away Federal and State resources to improve the City's housing conditions and opportunities. Impact on neighborhood revitalization wouid be negative, if the Program were not to be run. Approximately 18 substandard rental units in g-10 buildings would continue to deteriorate, have a blighting effect on neighborhoods, and pose health and safety hazards to occupants and/or the public. Housing opportunities for disadvantaged citizens would be hinder- ed, in that low-income families would have fewer decent housing opportunities for rent. Cost to the City would be increased due to lost tax revenue from the upgraded buildings, and to the staff attention required by substandard housing. Alternative arrangements would have to be made for administration of the Program~ for which City staffing would be strained. The costs currently allocated to the RRHA for the administration of the Program could not be recaptured by the City to pay for alternative arrangements. Timing is such that all HUD funds must be committed to projects by May I991, which is 2 years after award of the funds to the City. Delay in beginning the 1989 Program would make it more difficult to complete committment by that deadline, such that HUD may recapture all or part of the $106,000 allocation from the City. August 27~ 1990 ~age ~ V. Recommendation Adopt Alternative A, thereby authorizing the City Manager to execute the Memorandum of Understanding (Attachment) with the RRHA for the administration of the 1989 Rental Rehabilitation Program, such Memorandum to be approved as to form by the City Attorney. WRH:HDP:hdp Attachment CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Executive Director, RRHA ( MU89CR- l ) Respectfully submitted, W. Robert Herbert City Manager MEMORANDUM OF UNDERSTANDING RENTAL REHABILITATION PROGRAM Fiscal Year 1989 This Memorandum of Understanding ("Memorandum") is between the City of Roanoke ("Grantee"), and the City of Roanoke Redevelopment and Housing Authority ("RRHA"). This Memorandum sets forth the understandings of the parties con- cerning the Grantee's Rental Rehabilitation Program ("Program") approved by the U.S. Department of Housing and Urban Development ("HUD") pursuant to Section 17 of the United States Housing Act of 1937 (42 USC 1437o), and supported by funding awarded by the Virginia Department of Housing and Community Development (DHCD) from the Virginia Housing Partnership Fund. The Grantee has received $106,000 from HUD in Federal Fiscal Year 1989 for its Program to finance the rehabilitation of rental properties for the benefit of lower-income families. DHCD has allocated no less than $212,000 to be loaned in conjunction with the Program. The Grantee and the RRHA hereby agree as follows: 1. The Grantee and the RRHA cooperatively will administer the Rental Rehabilitation Program in accordance with: a. Section 17 and other applicable Federal laws; and b. the regulations in 24 CFR Part 511; c. the Program description submitted to and approved by HUD and attached hereto; and d. the Program description for DHCD's Multi-Family Rehabilitation Loan Program attached hereto. The Grantee and the RRHA will establish a program management team (Team) to include at least the following: H. Wesley White, Jr., Land Planning/Subsidized Housing Director Roanoke Redevelopment and Housing Authority P. O. Box 6359 Roanoke~ VA 24017 (703) 983-9204 H. Daniel Pollock, Jr., Housing Development Coordinator Room 170, Municipal Building 215 Church Avenue SW Roanoke, VA 24011 (703) 981-1208 Memorandum of Understanding--1989 Page 2 Earl Saunders, Section 8 Supervisor Roanoke Redevelopment and Housing Authority P. O. Box 6359 Roanoke, VA 2#0J7 (703) 983-9237 3. The Team cooperatively will review the proposals submitted for the Program and tentatively will select those projects most qualified for the Program, using the minimum guidelines of the Program and the Evaluation Scale defined in the Program description. Upon selection of a project by the Team~ the RRHA shall issue a financing commitment of HUD funds to the applicant contingent upon: a. verifications of information necessary to underwrite the financing, including financial statements~ verifications of credit and income, etc; and bo detailed inspections of the building by the RRHA to verify its con- dition as substandard and in need of repair; that the work proposed by the applicant is appropriate and sufficient to repair the pro- perty to Housing Quality Standards (HQS) and the Uniform Statewide Building Code; and that the estimates of repair costs are reaso- nable; and c. the applicant obtaining or providing the balance of the funds needed for the completion of the project's rehabilitation. If the applicant wishes to obtain DHCD financJng~ the RRHA will package a loan application for the applicant to DHCD and/or the Virginia Housing Development Authority (VHDA)~ including verifications~ infor- mation, etc. obtained by the RRHA earlier. Upon a selected applicant obtaining or providing the necessary supple- mental financing, including but not limited to financing from DHCD/VHDA, the RRHA shall make loans from HUD funds Jn accordance with the Program description. These loans may not exceed $106,000 plus any additional funds unused from previous Rental Rehabilitation Program allocations. The RRHA shall perform inspections periodically during rehabilitation as necessary to have rehabilitation completed according to schedules established with the property owner~ and to insure work performed is in accordance with the approved work write-up~ Building Code requirements~ and Housing Quality Standards. The RRHA periodically will verify continued compliance of each project with the Deed of Trust held by the RRHA on the property as a condition of the rehabilitation subsidy. Memorandum of Understanding--1959 Page 3 The RRHA agrees to determine the eligibility and priority for rental assistance via Housing Vouchers and/or Certificates of the families residing in the projects approved to be rehabilitated under the Program~ as required by HUD and policies of the RRHA. The time of performance for the marketing, eligibility verification, rehabilitation inspections, and making of deferred payment loans shall be from the date of execution of this agreement until the earlier of the following: a. the available $106,000 is exhausted; b. HUD withdraws Program funds from the Grantee; or c. 3uly 1, 1991~ unless extended by the terms of a separate contract for services between the Grantee and the RRHA for a time beyond 3une 30~ 1991. 10. The time of performance for verification of compliance of each project with the Deed of Trust extended as a condition of the rehabilitation subsidy shall be the ten-year term of each Deed of Trust held by the RRHA. 11. As HUD rehabilitation subsidy funds are r~paid to the RRHA by owners property receiving such funds~ the RRHA will return such funds to the Grantee in such fashion as directed by the Grantee, but at least quar- terly. BY: For the Grantee: City Manager Date For the RRHA: Executive Director Date Office of the City Clerk August 27, 1990 File #236-178 Mr. ~. Robert Herbert City ,~anager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30219-82990 accepting a Rental Rehabilitation Program Grant from the United, States Department of Housing and Urban Development, in the amount of $90,000.00. for rehabilitation subsidies for the City's Rent'al Rehabilitation Program, and authorizing execution of the requisite grant agreement and HUD Funding Approval Form. Resolution No. 30219-82790 was adopted by the Council of the City of Roanoke at a regular meeting held 'on Monday, August 27, 1990. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra El~c. pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. ~illiam F. Clark, Director of Public ~orks Mr. Ronald H. Miller, Building Commissioner/Zoning Aaministrator Mr. H. Daniel Pollock, Housing Development 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 ROANO£E, VIRGINIA, The 27th day of August, 1990. No. 30219-82790. A RESOLUTION accepting a Rental Rehabilitation Program Grant from the United States Department of Housing and Urban Develop- ment and authorizing the execution of the requisite grant agree- ment and HUD Funding Approval Form. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The offer of a grant for Fiscal Year 1990 from the United States Department of Housing and Urban Development in the amount of $90,000 for rehabilitation subsidies for the City's Rental Rehabili- tation Program is 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 grant agreement with the United States Department of Housing and Urban Development and HUD Funding Approval Form in order to accept such grant from the said Department; such grant agreement to be approved as to form by the City Attorney. ATTEST: City Clerk. Roanoke~ Virginia August 27~ Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: 1990 Rental Rehabilitation Program - Execution of Grant Agreement with Dept. of Housing and Urban Development (HUD) I. Backgroun~ Rental Rehabilitation Program is a cooperative program among (HUD)~ the City~ and the Roanoke Redevelopment and Housing Authority (RRHA)~ to encourage rehabilitation of privately-owned rental property in targeted neighborhoods. HUD Program funds pay a portion of the rehabilitation cost of substandard houses~ with the balance of the rehabilitation paid from other sources. Co Roanoke's allocations from HUD for the previous six )'ears of the Rental Rehabilitation Program totalled $777,300 for rehabilita- tion subsidies. These allocations will have provided renovation to approximately 1#9 dwelling units in approximately 78 buildings at a cost of approximately $2~#79~000 (combined public and private funds). Roanoke's Program designs have varied over recent years, depending on available financing for the non-HUD funded rehabi- litation. For the first # years of the Program (198/4-87) City's allo- cations from HUD paid one-third of rehabilitation costs, but because property-owners had to rely on conventional financing for the balance, the HUD funds were not expected to be repaid. 1988 and 1989 Program designs included supplemental finan- cing from the Virginia Housing Development Authority (VHDA) and the Virginia Department of Housing and Community Development (DHCD). These attractive funding awards allowed the HUD funds to be provided to applicants as repayable loans, such that the HUD funds may be revolved for reuse over a period of 10 years. 1990 Program design (Attachment A)~ submitted to HUD in April, is based on obtaining supplemental funds again from the Virginia Housing Partnership Fund~ as with the 1989-funded Program, generally at 6% interest over 15 years. Such an allocation of funds, which may be applied for later this year when previous allocations of funds from the State August 27 ~ Page 2 1990 have been committed to projects, will allow the HUD funds to be loaned for up to one-half of the rehabilitation costs (a 0% interest repayable monthly over 10 years. (See Attachment A~ Section II A~ "Form of Rehabilitation Subsidy".) In unlikely event that matching State funds are not available~ the Program may have to be redesigned, with the approval of Council and HUD. Proposed Program also provides that the 1990-funded Program be operated in conjunction with the Neighborhood Stabilization and Enhancement Program (NSEPtion). NSEPtion is a concentrated program of inspections of residential pro- perty with the Building Maintenance Code. The 1990 Rental Rehabilitation Program would provide the opportunity of attractive financing to help owners of substandard rental or vacant houses repair them. II. Current Situation A. Roanoke's 1990 Program allocation from HUD is $90,000. City's application for 1990 Program funds has been approved by HUD. The City must execute the Grant Agreement with HUD to accept these funds (Attachment B). Memorandum of Understanding with RRHA for administration of the 1990 Program will be required. However~ this will not be necessary until administration of the Program is ready to begin, and arrangements are made to supplement the HUD financing either with State funds currently committed in support of NSEPtion, or with additional State funds that may be obtained later. III. Issues A. Consistency with the recommendations of the Housing Development Strategic Plan Task Force B. Impact on neighborhood revitalization C. Housing opportunities for disadvantaged citizens D. Cost to the City E. Timing IV. Alternatives Authorize the Cit7 Manager to execute the Grant Agreement with HUD~ accepting the 1990 Rental Rehabilitation Program funds in the amount of $90,000 (Attachment B), the Agreement August 27, Page 3 1990 to be approved as to form by the City Attorney. Any addi- tional agreements required of the City for the Rental Rehabilitation Program, such as with the State for supplemental financing or the Memorandum of Understanding with the RRHA~ will be presented separately for Council's consideration at the appropriate times. 1. Consistency with the recommendations of the Housing Development Strategic Plan Task Force would be achieved by: Matching and multiplying available resources, and providing for long-term funding through loan repayments (General Policy 5); b. Concentrating efforts and resources to strategic pro- perties and areas (General Policy 1); Accepting allocations of funding to support rehabili- tation of substandard rental units (Goal 7, Objective A, Activity 1); and do Targeting available subsidies to occupied substandard rental properties identified through Code Enforcement (Goal 7, Objective A, Activity Impact on neighborhood revitalization would be positive. The $90~000 allocation to Roanoke from HUD will support $180,000 additional funds sought from the State. When all funds from all sources are considered~ the Program should produce a total of approximately $270,000 of rehabilitation. Approximately 14-16 substandard dwelling units in 6-8 buildings in one or more con- centrated areas will be renovated under this phase of the Program. In addition, long-term revitalization would be enhanced by repayment of HUD funds to the City for reuse over 10 years to renovate other rental units or for other uses approved by HUD. Housing opportunities for disadvantaged citizens would be enhanced by the improvement of about 14-16 units that are expected to be affordable to low-moderate income tenants. Cost to the City will be nothing. The Program grant is reserved by HUD for the City~ but does not actually come to the City or appear in its finances. No City matching funds are required. The City will benefit from higher values of rehabilitated buildings. August 27, Page 4 1990 Timing is such that the Grant Agreement should be exe- cuted and returned to HUD promptly. However, implemen- tation of the 1990 Program may be delayed until commitments of the 1989-funded Program are made to pro- jects by the RRHA, or additional State funding is received, or it is decided to offer the 1990 Rental Rehabilitation Program in conjunction with with NSEPtion project currently underway in the Mountain View neigh- borhood. Do not authorize the City Manager to execute the Grant Agreement with HUD accepting the 1990 Rental Rehabilitation Program funds. Direct the City Manager to rescind the application submitted. 1. Consistency with the recommendations of the Housing Development Strategic Plan Task Force would not be obtained by refusing federal resources to improve the City's housing conditions and opportunities. Impact on neighborhood revitalization would be negative. About 1#-16 substandard rental units in 6-8 houses would continue to deteriorate, have a blighting effect on neighborhoods, and pose health and safety hazards. Housing opportunities for disadvantaged citizens would be hindered, in that about 15 fewer substandard units would be repaired to be available for rent to low-income families. Cost to the City would be increased due to lost tax revenues from the upgraded buildings, and to the staff attention required by substandard housing. Timing is such that HUD should be informed without further delay of the City's decision. V. Recommendation Adopt Alternative A, thereby authorizing the City Manager to execute the Grant Agreement with HUD accepting 1990 Rental Rehabilitation Program Funds (Attachment B), the Agreement to be approved as to form by the City Attorney. August 27, 1990 Page 5 ~RH:HDP:hdp Attachments (2) cc: City Attorney Director of Finance Director of Public ~/orks Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Executive Director~ RRHA (RR90CR-I) Respectfully submitted, W. Robert Herbert City Manager APPLICATION FOR FEDERAL ASSISTANCE City Of Roamoke Office of the City Hanager 215 Church Avenue, S~V. P~a~oke, Virginia 24011 April 23, 1~90 I~ C~tmuellolt C~ ~ Rental P~habilitation P~rogram At t a c hi~e_Dt A B-89-,~C-31-0020 City of Doanoke, Virginia ----------- Independent City H. Daniel Pollock Ilousing Development Coordinator ..... 7 ~ 81-2° ~ ec~w C ~ 'L.~ N Oma, U.S. Department Housing 2: Urban Develo~ment -Rental Rehabilitation ProgTam - Allocation of Federal funds to the City to s~bsidi~e rehabilitation of rental property to be principally occupied by low income tenants. 6-01-00 12-01- 91 Sixth Si~h ~,~ '~ & ~ ~~~~W~AV~ETO~ ~A~ ~ ~ 12372 ~ ~ ~ ~ I I I I I City · Date Rental Rehabilitation Program-- 1990 Background Roanoke is a city of approximately 100,000 citizens housed in ~2,~00 dwelling units. Like most cities, Roanoke has had periods of rapid §rowth and of stability. The last 30 years has been a time of maturation for the City. Compared to the Roanoke metropolitan area, the City's housing stock is relatively old, more likely to be rental property, and more likely to be in need of repair. Two-thirds of all housing units in the City are more than 25 years old. Almost half are more than t~5 years old. With age comes the need for substantial repairs or renovations and more diligent preventive main- tenance. Because of the expense, many owners have deferred taking these measures, without which the houses have tended to deteriorate at an acce- lerating pace. The too frequent result of this can be seen in the figures for vacant housing units (about 2,600) and values of single-family houses (20% are assessed at less than $20,000~ 7% at less than $10,000.) The City of Roanoke and the Roanoke Redevelopment and Housing Authority have administered a variety of neighborhood revitalization programs over recent years. Most of these programs and the funds allocated to them have been targeted toward the rehabilitation of owner-occupied houses in neigh- borhoods designated as Conservation Areas or Rehabilitation Districts under' Virginia law. This concentration has begun to have a significant positive effect in these neighborhoods. However, a large proportion of the housing stock in the aforementioned areas is rental property (50%, compared to 39% City-wide), of which a sizable percentage are in fair to poor condition. The incentive for pri- vate investments to be made in owner-occupied homes in these neighborhoods is weakened by nearby rental units in disrepair. It is obvious that the upgrading of deteriorated rental property must be a critical element of overall neighborhood revitalization. Past and current programs for rehabilitation of rental property have con- sisted of Section 8/Moderate Rehabilitation and Substantial Rehabilitation/ Public Housing. The Rental Rehabilitation Program described herein is designed to attract private investment while maintaining flexibility in an area's housing market, by the direct rehabilitation of approximately 15 rental housing units that may be occupied by lower income families. Indirectly, the improvement of these units will encourage maintenance and repair of other rental and owner-occupied buildings nearby. Specifically, the 1990 Rental Rehabilitation Program will be used in sup- port of the Neighborhood Stabilization and Enhancement Program (NSEPtion). The purpose of NSEPtion, as the name implies, is to concentrate effort in a small strategic residential neighborhood, in order to improve its overall condition and stabilize its market. The means to approach this rests on Rental Rehabilitation Program-J990 Page 2 Code Enforcement. Inspectors seek to perform Building Maintenance Code inspections on all rental and vacant units. The owners are notified of violations that must be corrected and are informed of rehabilitation sub- sidies that may be available to help. NSFPtion began in December 1989 in a part of the Mountain View neighborhood of the Hurt Park Conservation Area. The rehabilitation financing dedicated to that effort was 3313,000 from the Virginia Housing Partnership Fund. Those funds are in the process of being committed, and it is apparent that more is needed to assist the renovation of the balance of the initial target area. II. Program Design A. Form of Rehabilitation Subsidy The City's Rental Rehabilitation Program will offer a rental property owner the opportunity of a complete financing package, blending Rental Rehabilitation Program funds with loan funds made available by the Virginia Department of Housing and Community Development (DHCD) from the Virginia Housing Partnership Fund% Specifically, the arrangements will be as follows: Loans from allocations to Roanoke from the Virginia Housing Partnership Fund will be the source of up to two-thirds of the rehabilitation funds. At this time, the limits of this funding are 310,000 for a one-bedroom unit, 312,500 for a 2-Redroom, and 315,000 for a 3-bedroom. Rental Rehabilitation Program funds from HUD's program allocation will finance the balance of the rehabilitation, up to one-half of the total rehabilitation costs or the per-unit maximum HUD allows. This supplement will be in the form of a 0% interest loan amortized over a 10-year term. Following are examples of the financing package based on a duplex of 2-bedroom units: Scenario A (Maximum subsidies allowed): St40,000 total rehabilitation $25,000 loan from DHCD funds (~ 65, 15-yr. SIS,000 loan from HUD funds l~ 05, 10-yr. After 10 years, payment goes to $211/month for 5 years. 321 l/month $125/month 3336/month *A property-owner does not have to use funmds from DHCD to match Rental Rehabilitation funds. As long as the owner can provide matching funds from con- ventional sources, his/her own funds, or any other source, he/she may apply for and receive HUD Rental Rehabilitation funds. Rental Rehabilitation Program-1990 Page 3 Scenario $30,000 total rehabilitation 520,000 loan from DHCD funds ~ 6~, 15-yr. $10,000 loan from HUD funds ~ 0~, 10-yr. After 10 years, payment goes to $169/month for 5 years. $169/month S 83/month $252/month With this financing package, Rental Rehabilitation Program funds from HUD revolve back to the City for reuse over a 10-year period, allowing the future rehabilitation of more substandard rental pro- perties. B. General Conditions I. Each unit subsidized must be located in an area designated as an NSEPtion area. Each unit subsidized under the Program must be substandard according to either Section 8 Housing Quality Standards (HQS) or the City's Building Code. 3. Minimum loan underwriting criteria will be established for pro- jects to be financed under the Program, relating to: --Loan-to-Value ratios --Income and cash flow --Personal financial condition of the applicant. #. Each unit subsidized under the Program must be renovated to at least Section 8 HQS and be certified by the City Building Department to be safe to occupy according to the Virginia Uniform Statewide Building Code (USBC). As part of the rehabilitation, improvement of the exterior appearance of the building will be con- sidered a priority. 5. Any unit rehabilitated under the Program must receive work costing- at least $6,000. Each unit must be maintained at least to Section g HQS and USBC standards for the term of the financing, whether occupied by Section g tenants or not. For projects recieving funds from DHCD, a portion of the units in each project will be required to be reserved for low-income tenants after the repayment of the HUD funds until repayment of the DHCD financing, according to the requirements of the Virginia Housing Partnership Fund. Rental Rehabiiitation Pro§ram-1990 Pa§e ~ 8. No unit rehabilitated under the Program may be converted to a con- dominium or cooperative for the term of the financing. 9. There may be no discrimination against a prospective tenant because of receipt of or eligibility for housing assistance, or because of residence with a minor child, for the term of the financing. i0. Each property owner will agree to comply with applicable require- ments for nondiscrimination and "affirmative marketing" of units rehabilitated under the Program for the term of the financing. Guide- lines and procedures for property-owners will be developed jointly by the City and the Roanoke Redevelopment and Housing Authority, to insure that each owner is aware of his/her obligations in this regard. (See Attachments to this Program Description.) C. Areas of Eligibility This phase of the Rental Rehabilitation Program will be offered only in conjunction with NSEPtion. Currently, only a part of the Hurt Park Conservation Area is a designated NSEPtion area. This area has a high concentration of rental property· In conjunction with on-going code enforcement efforts, the rehabilitation subsidies provided by the Rental Rehabilitation Program are expected to make a valuable contribu- tion to the preservation and improvement of this historic neighborhood. The NSEPtion target area along Campbell Avenue, and any future NSEPtion areas using Rental Rehabilitation funds, meets the criteria established by program regulations, as follows: Median income not exceeding 80% of median income for the Roanoke area. According to the 1980 census, the median household income in the Roanoke SMSA was $16,119, of which 80% was $12,895. The median income of the Hurt Park Conservation Area (Census Tract i0) was $7,989, which in fact was less than 50% of the area median. Rents affordable to lower income families. The 1980 Census reports that the Hurt Park Conservation Area had a median contract rent of S[23, compared to the City-wide median of $150. At the same time, the Section g Fair Market Rents (including utility allowances) were S26~ for a two-bedroom unit, and S306 for a three-bedroom unit. At this time, the prevailing rents, with utilities, in this area are in the S275-S350 range, with few beyond this range. Expected rent stability. WhiLe the Mountain View neighborhood has experienced rehabilitation of some buildings in recent years, there is no evidence of significant "gentrification" or rapidly rising property values or rents, or displacement that might be associated. The conditions of the larger surrounding area indicate that any upward trend that may develop will be very gradual to allow for adjustment. Rental Rehabilitation Program Page 5 D. Selection Criteria Generally it is expected that applications from the NSEPtion area which meet the basic general conditions may be processed on a "first-come first-served" basis. However, in the event more applications are received than funding is available, they will be selected competitively based on a number of considerations. The 100-point evaluation scale, outlined below, will give priority to projects involving lower income or very low income tenants) larger apartments, and small buildings. Evaluation Scale Factor Score Current Occupancy: Very low income families Lower income tenant Vacant Tenant not of Lower income (20) 20 10 lO 0 Size of Unit(s): Three bedrooms or more Two bedrooms One bedroom (15) 10 0 Number of Units in Building: Two to four units Single unit building Five to seven units (15) 15 5 0 Loan to Value Ratio (with rehabilitation financing): (15) 60% or less 15 61% - 85% 10 86% - 100% 0 Cash Flow--The proportion of debt service payments as a part of the projected feasible rental income (15) Less than 60% 15 60% - 70~ 10 71% - 80% 0 General Desirability (considering impact on community revitalization, consistency with program goals, etc.) (20) 100 Accessibility for handicapped Bonus Points Rental Rehabilitation Program-1990 Page 6 [n some cases, the scoring of some factors will have to be "prorated." For example, a triplex with two two-bedroom units and one single bedroom unit would be rated 7 in the Size of Units category. The Program design and use of the Evaluation Scale address several of the mandates of the Program, as follows: Lower income benefit: The Current Occupancy factor gives priority to units occupied by low or very low income tenants, or vacant units into which lower income tenants might locate after rehabilitation. [n addition, this will be monitored through the processing of applications to insure maximum feasible benefit to lower income. However, it is expected that some buildings whose rehabilitation would be valuable to the community as well as low income tenants may also have some units occupied by tenants not of lower income. The displacement of such tenants is to be avoided in the interest of neighborhood stability as well as fairness to the individual. To deal with such instances of high priority to a neighborhood and to allow for unforeseeable circumstances, the City requests reduction of the 100% lower income benefit standard to 70%. This request is pursuant to infor- marion and input received from resident organizations of affected neigh- borhoods, apartment owners, and agencies serving lower income clientele. (See also Section [V A.) Housing for families: The Size of Unit(s) factor gives heavy priority to projects with two, three, or more bedrooms. This item too will be moni- tored as applications are processed, to insure that at least 70% of rehabi- litation funds are used for units of 2 or more bedrooms. Characteristics of rental housing stock in the eligible neighborhoods indicate this stan- dard will be met. Substandard units occupied by very low=income families: All units receiving assistance under the Program must be substandard. Those currently occupied by families of very low income are afforded greater weight by the Evaluation Scale (see "Lower income benefit" above in this section). Efficient use of Program funds: The Program design is expected to leverage approximately two dollars of non-HUD funds for rehabilitation from the Virginia Housing Partnership Fund for every dollar of HUD Rental Rehabilitation subsidy. In addition, HUD Program funds will revolve back to the City over 10 years, for reuse for rehabilitation of rental property or other eligible purposes. Based on experience with Rental Rehabilitation and NSEPtion, the terms of the financing package are expected to be attrac- tive to investor owners. Financial feasibility: Each part of the rehabilitation financing package provided by the .Program will be secured by a deed of trust on the property. The total of all indebtedness against the property may not exceed 100% of the appraised after-rehab value. All approved projects must also show a Rental Rehabilitation Program-1990 Page 7 positive cash flow with a margin for maintenance, vacancy loss and con- tingencies. Priority will be given to properties with lower loan-to-value ratios and more comfortable cash flow margins, thereby showing stronger financia! feasibility and greater incentive to the property owner to adhere to the terms of the Program (e.g. maintenance of the property to Section standards ). Each applicant will be counseled that the Program design is such that the feasibility of the rehabilitation must be based on market, unsubsidized rents, and that if projected cash flow is not sufficient without subsidized rents, the rehabilitation may not be feasible. III. Administrative Or)zanization and Procedures: The Rental Rehabilitation Program will be administered by the City, prin- cipally through the Mousing Development Office, with the assistance of the Virginia Department of Housing and Community Development and the Virginia Mousing Development Authority. The RRHA has agreed to cooperate with the City through the administration of Housing Voucher and/or the Section 8 rent subsidies that may be required by federal guidelines to assist tenants of selected units. Program Pubiicit)'~ Marketingt and Outreach: Information about the Program will be provided by the Housing Development Office in conjunc- tion with Code inspections. Receipt and Initial Screening of Applications: Loan applications received from interested owners will contain basic information about the proposal, such as the location, number and size of units to be rehabilitated, general description and estimation of cost of repairs, current indebtedness that will remain on the property, projected rental income and expenses, characteristics of current occupants, etc. Each application received will be reviewed immediately to determine completeness and basic eligibility. Prioritization: If a surplus of applications is received such that the Evaluation Scale must be applied to select, the Housing Development Office will do so at this point to determine which proposals appear to be best suited to the intent of the Program, and which proposals are most in need of the subsidy provided. Tentative Commitment: The Housing Development Office will notify the applicant of the tentative acceptance of the proposal, contingent on verifications of information presented in the application. The inspec- tor will conduct a rehabilitation inspection of the building and exa- mine the work write-up and cost estimates included with the loan application, to verify that the work proposed is eligible, appropriate, and sufficient to correct Code violations cited and to bring the pro- perty up to HQS, and that the estimate of costs or contractor's bid is reasonable. Rental Rehabilitation Program-1990 Page 8 IV. Verifications: The Housing Development Office will request the necessary verifications of income, debt, credit, etc. Upon receipt, the applicant will be asked to provide funds for the Office to order an appraisal of after-rehab value based on the work write-up and specifi- cations. ~'hen determined that the proposal meets the criteria for the Program, the loan package will be finalized by the Office and forwarded to DHCD and VHDA for underwriting of the loan from the Virginia Housing Partnership Fund. Loan Closing: Upon approval by DHCD/VHDA of the State financing, arrangements will be made to dose both the loan from the State and from the City of HUD Rental Rehabilitation funds simultaneously. Closing will be held by an attorney selected for the Program, rehabili- tation funds will be escrowed, and appropriate disbursements will be made. Rehabilitation: Arrangement for rehabilitation work to be performed primarily will be the responsibility of the applicant property owner. Periodic in-progress inspections will be made by the rehabilitation inspector, relative to compliance with the work write-up and work- manship standards, and by City building inspector(s), to assure compliance with code requirements. Final inspections will be performed to verify compliance with the original notice of Building Maintenance Code violations and IJQS. Post-Rehabilitation Monitoring: Property owners will be asked to sub- mit periodic reports of the status of each project, especially concern- ing rents and tenants. Blank report forms will be sent by the City to the owner for completion and return. In addition, on at least an annual basis, an inspector from the Housing Development Office will perform an on-site inspection to verify that each unit is maintained in accordance with the terms of the financing package. Timetable: The tentative timetable for the Program is as follows: Approval of Program funding by mid 3une Approval of Virginia Housing Parnership Fund allocation for Program by mid August First proposals received and screened by late August Verifications received, appraisals ordered by mid September Rental Rehabilitation Pro§ram-1990 Page 9 Appraisals received, loan packages assembled, forwarded to DHCD/VHDA by early October Hold first loan closings by mid October Begin first rehabilitation by late October It is expected the Program subsidy funds will be committed to specified proiects according to the foilowin§ schedule: First Quarter (April- 3une 1990) Second Quarter (July - September 1990) $ 0 Third Quarter (October - December 1990) 90,000 Fourth Quarter (January - March 1991) $ 90,000 V. Certifications: A. Public Consultation: The Rental Rehabilitation Program and the Neighborhood Stabilization and Enhancement Program has been presented and discussed with represen- tatives of resident organizations of neighborhoods affected, public and private non-profit agencies concerned with housing issues of lower income tenants, and organizations of rental property owners, as well as many individuals. This Program design reflects concerns, attitudes, and expectations expressed from these quarters. Also as a result of these public consultations, the City requests reduction of the lower income benefit standard to 70%, in order to avoid displacement of tenants in otherwise high priority projects, to provide for unexpected contingencies that cannot be foreseen in the rental property markets of eligible neighborhoods, and to allow for unexpectedly low rehabilita- tion expenses resulting in more units rehabilitated than Housing. Vouchers or Section 8 certificates awarded. B. Nondiscrimination and Equal Opportunity: The City will provide detailed guidelines to applicant owners describ- ing their obligations for fair housing practices. These may include procedures to notify the RRHA and other community or service agencies of vacancies, posting of Equal Housing Opportunity logotype of pre- mises, public advertisement of vacancies, etc. These requirements will be conditions of the deed of trust for the loan from HUD funds. Evidence of compliance will be examined by the City Office of Grants Compliance at least annually. Violation of fair housing and non- discrimination provisions will be grounds for requiring immediate Rental Rehabilitation Program-1990 Page l0 payment of the Rental Rehabilitation loan as specified in the deed of trust. C. Tenant Assistance Policy: All reasonable efforts will be made to avoid involuntary displacement of tenants due to rent increases, especially tenants of lower income. Tenants who wouJd have to pay more than 30% of their adjusted income for rent after rehab will be referred to the Redevelopment and Housing Authority for possible rental assistance. Tenants who would have to pay more that 50% of their income will receive high priority from the RRHA for Public Housing or Section 8 rental assistance. In no case will a very low income family be displaced involuntarily by a tenant not of very low income. Any low-income tenant who is eligible for Section 8 or Housing Voucher assistance will be given preference for such assistance to stay in the renovated unit or to find adequate housing elsewhere. Each tenant in a unit to be rehabilitated under the Program will be notified of the impending rehabilitation and the effect on him/her. Any tenants in jeopardy of being displaced will be referred to the RRHA for counseling and assistance concerning descriptions of alternative housing opportunities, ways to search for suitable alternative arrange- ments, and tenant rights under the Federal Fair Housing law. Direct referrals to other apartments also may be made. No tenant offered decent, safe, and sanitary housing at an affordable rent (as defined in 2# CFR 511.10[h][l]) will be considered to be displaced. D. Neighborhood Preservation: Rehabilitation of rental property without displacement of current resi- dents will enhance the preservation and revitalization of affected neighborhoods. The improvement of rental properties will supplement substantial investments made in owner-occupied homes over the last few years. Because the NSEPtion area in Mountain View is within the Southwest Historic District, all proposals for rehabilitation under the Rental Rehabilitation Program will be reviewed for sensitivity to historic preservation, in accordance with the Memorandum of Agreement with the Virginia Division of Historic Landmarks. E. Compliance with Applicable Regulations: Administration of the Rental Rehabilitation Program will comply with all applicable federal regulations and requirements, including but not limited to those concerning nondiscrimination and equal opportunity, as identified in 24 CFR §ll.10(m). Rental Rehabiiitation Program-1990 Page 11 F. Authority to Apply: The City is legally authorized to develop and administer housing reha- bilitation and rent subsidy programs within the City, such as this ~.ental Rehabilitation Program. RENTAL REHABILITAI'ION PROGRAM EQUAL OPPORTUNITY AND NONDISCRIMINATION POLICIES AND GUIDELINES General Policy: It is the Policy of the City of Roanoke to administer the Rental Rehabilitation Program so that individuals of similar income have similar available housing choices, regardless of race, color, religion, sex, national origin, or handicap. Each property owner applying for participation in the Rental Rehabilitation Program shall agree to avoid any discrimination on the basis of race, color, religion, sex, national origin, or handicap, and shall agree to market their vacant rental units in good faith to inform and attract eligible tenants from all racial, ethnic, and gender groups. A. The City shall give a copy of these Policies and Guidelines to the following: 1. Applicant property owners. 2. Current tenants of housing to be rehabilitated under the Program. 3. Social service agencies, including Total Action Against Poverty (TAP), League of Older Americans (LOA), Legal Aid Society, and Roanoke Neighborhood Alliance. Resident organizations of affected/eligible neighborhoods. General public, upon request. In addition, all advertisements, press releases, information packages, application forms, and written communications prepared by the City relative to the Rental Rehabilitation Program shall include the Equal Housing Opportunity logo or statement. Ce If the participating property owner wishes, the RRHA may refer holders of Section 8 certificates or housing vouchers to the rehabilitated pro- perty for possible occupancy. As provided in 26 CFR .511.10(m)(2), to the extent rent-subsidized tenants occupy Rental Rehabilitation units, other affirmative marketing procedures will not be required of the property owner. For any occupancy other than by tenants holding rental subsidy authorizations, the property owner must follow the procedures established in Section C (infra). Other than as allowed in Section B (supra), each participating property owner shall seek to attract tenants regardless of race, color, reli- gion, sex, national origin, or handicap, of all minority and majority groups, especially those unlikely to apply without special outreach, to units vacant after rehabilitation or that later become vacant. These marketing efforts shall include, at a minimum, the following: Advertisement of any and all vacancies in the Roanoke Times and · orld News and the Roanoke Tribune, such advertisement to include the Equal Housing Opportunity logo or statement. Such advertise- Page 2 ments will specify that vacant units are available for, but not limited to, Section 8 tenants. Notification to the RRHA and TAP of any and all vacancies. The RRHA may notify people on the Section 8, Housing Voucher, and public housing waiting lists of the vacancy. 3. Posting of Equal Housing Opportunity poster, provided by the RRHA, on vacant premises and rental offices, if existing. Documentation: Each participating property owner shall document affir= mative marketing, such records to include the following: Copies of all advertisements, notices, 'and other, outreach for all vacancies. 2. A log of all contacts with potential tenants, including race, sex, approximate age, and reasons for not accepting as tenants. Quarterly reports to the City, in a format provided by the City, regarding the occupancy of all assisted units and marketing activities for any vacancies. The City shall keep records including the following: 1. A log of vacancies reported by owners. 2. Copies or other evidence of notices regarding the Program and vacancies sent to agencies and/or organizations by the City. 3. Copies of advertisements placed by owners. Records of characteristics of tenants occupying units, including race, sex, and approximate age. Assessment: The City shall use the quarterly, reports filed by property owners to verify compliance with affirmative marketing and Equal Housing Opportunity requirements. In addition, the City may make other periodic inspections of the property owner's records concerning tenants and marketing activities, or ask for other information about the same. Violations: Failure to comply with Equal Opportunity, Nondiscrimina- tion, or Affirmative Marketing requirements will result in a written notice from the City to the property owner that specific provisions of the Deed of Trust between the two parties have been violated, defining what corrective actions, if any, are to be taken, and advising that further violations or failure to take the prescribed actions may require repayment of the Deferred Payment Loan and/or other financing provided. CERTIFICATION REC~RRDING DRUG-FREE WORKPLACE REQUIREMENTS The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. CERTIFICATION The (a) grantee certifies that it will provide a drug-free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about - (c) (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon.employees for drug abuse violations occurring in the.workplace; Making it a requirement that each employee t~ be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee wtll (2) Abide by the terms of the statement; and Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; 5/8g PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Nam~ of Grantee: Grant Program Name: Grant Number: Date: City of ~Rosnoke Rental Rehabilitation 1~ro~rsm B-89-~.~C-31-00~0 April 23, 1990 The grantee shall insert in the space provided below the site(s) expected to be used for the performance of work under the grant covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): 215Chtt~ch Avenue, SW. Roanoke, Virginia o~4011 5/89 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of'a'Member of Congress in connection with .the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (~)' If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be IncTuded in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrectptents shall certify and disclose accordlngly. DEPARTMENT OF HO~SIN(3 AND ~b~ on Use M ~ ~ fM ~b~n~ ~eqW ~ I~dUA.q~, The pu,"poss of this Notice is to advise recipient-, ud eubr~dplefl:o of Feda~l contract& frtnt& COOlMrat~ve qruemiut& iud loans of lbo prohibition ~ P~TFI4Ii mP~IMATIO~ COI~'AC'Y~* Edw~ L. C~vasi. Ir.. ~tor. ~d Evalua~on ~visio~ Office of ~c~ement and Con~ac~s. Dep~ent of Houtlnf ~d Urban Development. ~1~. telephone (~02) 13~2 et ~b~c ~w 1~-1Z~ si~ed ~t~ [iw on October 23. 19~ ~pos~ new p~hibi~ons ~d re~ements for · ~los~e and ce~ca~on ~[ated to Iobby~s on ~pients off Feder~ convict& ~snts. coopera~ve a~ement~ and Io~s. p~sions of ~e law ~lso appl~ Federal cc~=nts for ~sntees ~d ins~a~; ~: however. and ~bal o~aniza=ions. ~ec~ve December ~3. 1~ ~nt ~d ~ro~pec~ve ~cipie~ts (and ~e~ subtler co~sc~ors or sub~antees) ~ F~. Libi~ed [rom us~S Feder~ otb.', 'hen pro~ts ~ot~ a Feder~ con=acL [or lobbyin~ Con.ess or Federal s~ency ~ co~on ~wa~ of ~ parti~ con~ac~ c~per8~ve e~emen~ or lo~ ad~o~ for each award action exce~s offer ~1~,~ o~ afte~ecember 23. ~be law ~q~eo ~cipiento and the~ s=bUer · ~t ~ey Mve ne~t~er ~sed nor any a~p~prJated F~ds For pa~e~t lobbyi~s, (Z] to ~sc]ose ~he n~=e, ed~ss, pa~eflt ~etails, ~d of dny a~eeme~s w{~ ~obby~ts whom recipients or tho~ sub~er cofl~act~ s~b~tees ~11 pay wt~ p~fl~ nonappm~Aated f~ds on or after December a3. and (3] u~ateo about the use of Iobbyis~ mfe~dl chanies ~c,~ a ~e~ u~ law estab~shes civ~ pen~es noncompliance. ~ or befo~ Oecember ~ ~e OffiM ~dance ~or tmple~eArins ~d complains M~ ~e Tew. ~me~i~e later, · e p~visio~ of ~e law w~ ~a~on ~ ~e 8ove~en~l~ H you ~ t c~nt re~pient of F~ ~or have ~ app~ pm~ ~ bid pen~ as of D~ · You aru prohibited fzom uolnl roce~dy mandated by Conar~ss appropriated ~ (o~er ~ ~flM Iob~ ~. ~ ~y F~ ~m~ ~ for Iobb~ ~ ~ afeacy In connection with tho award of any Federal qency in connection with · · parltcular contTKt. Irunt. ~ooperttive p~-ttcular coMract, Jru~t. cooperative qreemeut, or loan. q~mnent, ce loan~ · You will be Nquizud ~o exocais the beW~Ltred certiflM(ton at the time of or ion any fut-,iN award acti(m in iud · You ~ ~ ~q~d to completn Iobb)~ ~l~ fo~ if ~e · ~os~ ~emen~ epply to y~ ~s no~flon ti be~ pub~lh~ ~aeo ~ ~o~fl~ o~y. You ~ ~q~d to take ~y action et time o~er ~ to ass~ ~mber ~ 10~ ~e De~t of Hous~ ~d UFbnn Development p~do you ~ ~e app~ate fo~ ~ ~d when ~ aw~ ec~on or ~an ~hol~ io anflcipate~ Attachment B U.S~ Department of Hou''lng ,,nd Urban Dev''lopment Richmond Office, Region III P.O. Box 10170 400 N. 8th Street, 1st Floor Richmond, VA 23240-9998 Mr. W. Robert Herbert City Manager P.O. Box 1220 Roanoke, VA 24011 JUN ~,~ 1 lg90 Dear Mr. Herbert: We are pleased to inform you of the approval of your 1990 Rental Rehabilitation Program Description. You are now authorized to receive $90,000 in Rental Rehabilitation funds for your program activities. This obligation, of course, is subject to your execution of the Grant Agreement and compliance with other applicable requirements for use of the funds. Three copies of the Funding Approval Form (HUD-40015) and the Grant Agreement (HUD-40015.1) are enclosed for your signature. Please sign ~ach copy and return two of them to our Office. If I can be of further assistance to you, please call me. Should your staff need any technical advice, Mr. LeRoy Brown at (804) 771-2853 will be happy to help them. Very sincerely yours, Mary Ann E. G. Wilson Acting Manager Richmond Field Office Enclosures In.~ructions for Completing the Funding Approval Form and Grant Agreement This form and the Grant Agreement should be filled out in six (6)'copies. One (1) copy should be held for informational purposes, one (1) copy should be sent to the RAD one (1) copy should be sent to the Regional CPD Division, and three (3) copies should be transmitted to the grantee for signature. The grantee should be requested to keep one (1) for its records and to return two (2) signed original copies to the Field Office. One (1) of the signed original copies should be sent to the RAD and one (1) ke_pt for the CPD office file. Funding Approval Form 7. Check the appropriate box. Block No. 1. Enter the Grantee's name as shown in Item 4 of Standard Form 424. 2. Enter the number shown in item 30 of Standard Form 424, and indicate the Fiscal Year for which the funding is to be made. (See the memorandum dated 7110184, which establishes the system for assigning Grant numbers.) 3. Enter the Grantee's complete address as shown In Item 4 of Standard Form 424. 4. Enter the appropriate HUD Geographic Locator Code available from the Geographic Codes System Directory (See computer prlnt-out-D-71AAC). 5. a. Enter the month, day and year that the submission was received. b. Enter the date that the grantee ts notified of funding approval. This will be the date appearing on the letter transmitting the HUD Form 40015 to the grantee and is considered the point of obligation for accounting purposes. c. Enter the appropriate fiscal year for the source of funds involved. 6. Check the appropriate box. Check "Original Funding Approval" for the first funding approval form executed under the grant number shown in Block No. 2. This is the Funding Approval for the formula allocation. Check "Amendment" for subsequent Funding Approval forms executed under the same grant number. Number amendments under the grant number consecutively starting with "1". Amendments may be for the purpose of reallocating funds or for the purpose of deobllgatlng funde. 8. Fill out the correct fiscal year(s). In filling out this section, be sure to enter the amounts of funds previously obligated, currently being obligated or deobligated, and.the new totals under the correct fiscal year for the soume of funds. For example, in Fiscal Year 1985, funds may be deobligated from a grantee's 1984 grant or additional funds may be obligated for the grantee from 1984 funds. Such obllgations/deobllgatlons would be shown under a Fiscal Year 1984 column not under 1985. s. If this Is the funding approval form for the grantee's formula amount for the fiscal year, this line will be blank. If this is a funding approval form for the purpose of reallocating or deobllgatlng funds, enter the amount from line d of the previous funding form. b. Enter the amount of funds now being obligated for the grantee. If this is the funding .approval , form for the grantee's formula amount for this fiscal year, enter that amount, If this is a reallocation of funds enter the amount of funds being reallocated, c. Enter the amount of funds being deobligated (-) for the grantee, d, Enter the new total of funds currently obligated for the grantee, 9. Add Special conditions, if applicable. Grant Agreement 1. Fill in the name of the Grantee in the first paragraph. 2. Fill In the appropriate Fiscal Year in sub-paragraph I of the second paragraph. Funding Approval Rent. al Rehabilitation Program U.S. Department of Housing and Urban* Development Community Planning and Development HI-00527R Under Section 17 of The United States Housing Act of 1937 (42 U.S.C. 1~7o) 2. Grant NO. R-90-MC-51-0207 1. Name of Grantee C. Tq~ C)~' R~A~KE 3. Grantee's Address Post Office Box 1220 Roanoke, VA 24011 6. ~ Original Funding Approval [] Amendment (No.) 4. HUD Geographic Locater Code NO. 03-36-.51-760 5. a) Date of HUD Receipt of Program Description b) Date Grantee Notified of Approval c) Fiscal Year 1990 4/23/90 ?. Category of Rental Rehabilitation Program Grant for this Funding Action (Check Only One) a. Direct Formula Grantee ~ City over 50,000 [] Urban County [] Co~ecrfium b. [] State Grantee c. [] HUD-Administered Rental Rehabilitation Program Small City Grantee d. [] HUD-Administered City Grantee 8. Amount of Rental Rehabilitation Program (RRP) Grant FY: 1990 FY: __ a. Amount of RRP funds previously obligated for this grantee -0- b. Amount of RRP funds currently being obligated for this grantee $90,000 c. Amount of RRP funds currently being deobllgated for this grantee -0- d. New total of RRP'funds now obligated for this grantee $90?000 9. Special conditions (Check applicable box) aX~ Not applicable b. [] Attached For: U.S. Department of Housing and Urbp. n Development Previous Edition (8-84) ia obsole~ Title: Acting Manager Richmond Fluid Off/cc Da~N ~ I HUD-40015(11-M) 24 CFR Part 511 Instructions for Completing the Funding Approval Form end Grant Agreement This form and the Grant Agreement should be filled out in six (6) copies. One (1) copy should be held for informational purposes, one (1) copy should be sent to the RAD one (1) copy should be sent to the Regional CPD Division, and three (3) copies should be transmitted to the grantee for signature. The grantee should be requested to keep one (1) for its records and to return two (2) signed original copies to the Field Office. One (1) of the signed original copies should be sent to the RAD and one (1) kept for the CPD office file. Funding Approval Form ?. Check the appropriate box. Block No. 1. Enter the Grantee's name as shown in Item 4 of Standard Form 424. 2. Enter the number shown in item 30 of Standard Form 424, and indicate the Fiscal Year for which the funding is to be made. (See the memorandum dated 7/10184, which establishes the system for assigning Grant numbers.) 3. Enter the Grantee's complete address as shown in Item 4 of Standard Form 424. 4. Enter the appropriate HUD Geographic Locator Code available from the Geographic Codes System Directory (See computer print-out. D-71AAC). 5. s. Enter the month, day and year that the submission was received. b. Enter the date that the grantee is notified of funding approval. This will be the date appearing on the letter transmitting the HUD Form 40015 to the grantee and is considered the point of obligation for accounting purposes. c. Enter the appropriate fiscal year for the source of funds involved. 6. Check the appropriate box. Check "Original Funding Approval" for the first funding approval form executed under the grant number shown in Block No. 2. This is the Funding Approval for the formula allocation. Check "Amendment" for subsequent Funding Approval forms executed under the same grant number. Number amendments under the grant number consecutively starting with "1". Amendments may be for the purpose of reallocating funds or for the purpose of deobligating funds. Fill out the correct fiscal year(s). In filling out this section, be sure to enter the amounts of funds previously obligated, currently being obligated or deobllgated, and the new totals under the correct fiscal year for the source of funds. For example, in Fiscal Year 1985, funds may be deobligated from a grantee's 1984 grant or additional funds may be obligated for the grantee from 1984 funds. Such obligations/deobligations would be shown under a Fiscal Year 1984 column not under 1985. a. If this is the funding approval form for the grantee's formula amount for the fiscal year, this line will be blank. If this is a funding approval form for the purpose of reallocating or deobllgatlng funds, enter the amount from line of the previous funding form. b. Enter the amount of funds now being obligated for the grantee. If this is the funding approval ~form for the grantee's formula amount for this fiscal year, enter that amount, if this is a reallocation of funds enter the amount of funds being reallocated. c. Enter the amount of funds being deobligated for the grantee. d. Enter the new total of funds currently obligated for the grantee. 9. Add Special conditions, if applicable. Grant Agreement 1. Fill in the name of the Grantee in the first paragraph. 2. Fill in the appropriate Fiscal Year in sub. paragraph I of the second paragraph. Gra'nt Agreement U.S. Department of Housing and Urban Development Office of Community Planning and Development This Grant Agreement Is made by and between the Department of Housing and Urban Development (HUD) and ROANOKE, Virginia (the Grantee) pursuant to the authority of Section 17 of the United States Housing Act of 1937 (42 USC 1437o). The Grantee's approved Program Description and the HUD regulations at 24 CFR Part 511 (as now in effect and as may be amended from time to time), which are incorporated by reference, together with the HUD Funding Approval Form 40015 and any special conditions, which are hereto attached, constitute part of this Agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, HUD and the Grantee agree as follows: 1. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance for Fiscal Year 19 specified in the attached HUD Funding Approval Form 40015 available to the Grantee upon execution of the Agreement by the parties. 2. The obligation and utilization of the funding aeelstance provided is subject to the requirements of the regulations and any special conditions set forth In the HUD Funding Approval Form 40015, including the requirement for a release of funds by HUD under the Environmental Review Procedures at 24 CFR Part 58 for any activities requiring such release. HUD'e payment of funds under this Grant is also subject to the Grantee's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 511.74. To the extent authorized by the HUD regulations at 24 CFR Part 511.33 and 511.82, HUD may, by its execution of an amendment to the HUD Funding Approval Form 40015 deobligate funds previously awarded to the grantee without the Grantee's execution of such form or other consent. Such a deobligation of Rental Rehabilitation Program grant funds may also cause a recapture of a commensurate amount of Section 8 Existing Certificate or voucher contract authority. The Grantee further agrees to accept responsibility for adherence to the Agreement by subrecipient entities and property owners to which it makes funding assistance hereunder available. For: U.S. Department of Housing and Urban Development Sr.MARY ANN WILSON~//~ { TItle:Ax;tingRichmond FieldManagerofflce' For: Grantee JUN ! lggo By: Title: Date: 24 CFR Part 511 Instructions for Completing the Funding Approval Form and Grant Agreement This form and the Grant Agreement should be filled out in six (6) Copies. One (1) copy should be held for informational purposes, one (1) copy should be sent to the RAD one (1) copy should be sent to the Regional CPD Division, and three (3) copies should be transmitted to the grantee for signature. The grantee should be requested to keep one (1) for its records and to return two (2) signed original copies to the Field Office. One (1) of the signed original copies should be sent to the RAD and one (1) kept for the CPD office file. Funding Approval Form 7. Check the appropriate box. Block No. 1. Enter the Grantee's name as shown in Item 4 of Standard Form 424. 2. Enter the number shown in item 30 of Standard Form 424, and indicate the Fiscal Year for which the funding is to be made. (See the memorandum dated 7/10/84, which establishes the system for assigning Grant numbers.) 3. Enter the Grantee's complete address as shown in Item 4 of Standard Form 424. 4. Enter the appropriate HUD Geographic Locator Code available from the Geographic Codes System Directory (See computer print-out-D-71AAC). 5. s. Enter the month, day and year that the submission was received. b. Enter the date that the grantee is notified of funding approval. This will be the date appearing on the letter transmitting the HUD Form 40015 to the grantee and is considered the point of obligation for accounting purposes. c. Enter the appropriate fiscal year for the source of funds involved. 6. Check the appropriate box. Check "Original Funding Approval" for the first funding approval form executed under the grant number shown in Block No. 2. This Is the Funding Approval for the formula allocation. Check "Amendment" for subsequent Funding Approval forms executed under the same grant number. Number amendments under the grant number consecutively starting with "1". Amendments may be for the purpose of raallocatlng funds or for the purpose of deobligatlng funds. 8. Fill out the correct fiscal year(s). In filling out this section, be sure to enter the amounts of funds previously obligated, currently being obligated or deobligated, and the new totals under the correct fiscal year for the soume of funds. For example, in Fiscal Year 1985, funds may be deobligated from a grantee's 1984 grant or additional funds may be obligated for the grantee from 1984 funds. Such obllgationsldeobligations would be shown under a Fiscal Year 1984 column not under 1985. a. If this is the funding approval form for the grantee's formula amount for the fiscal year, this line will be blank. If this is a funding approval form for the purpose of reallocatlng or deobligatlng funds, enter the amount from line d of the previous funding form. b. Enter the amount of funds now being obligated for the grantee. If this Is the funding approval form for the grantee's formula amount for this 'fiscal year, enter that amount. If this is a reallocation of funds enter the amount of funds being reallocated. c. Enter the amount of funds being deobligated (-) for the grantee. d. Enter the new total of funds currently obligated for the grantee. 9. Add Special conditions, if applicable. Grant Agreement 1. Fill in the name of the Grantee in the first paragraph. 2. Fill in the appropriate Fiscal Year in sub-paragraph I of the second paragraph. Funding Approval RenJ~al Rehabilitation Program U.S. Department of Housing and Urban Development Community Planning and Development HI~O527R Under Section 17 of The United States Housing Act of 1937 (42 U.S.C. 1437o) 1. Name of Grantee 3. Grantee's Address ?osL Office Box 1220 Roanoke, VA 24011 6. ~[~ Original Funding Approval [] Amendment (No.) 2. Grant No. R-90-MC-51-0207 4. HUD Geographic Locator Code No. 03-36-51-760 $. a) Date of HUD Receipt of Program Description b) Date Grantee Notified of Approval c) Fiscal Year 1990 4/23/90 7. Category of Rental Rehabilitation Program Grant for this Funding Action (Check Only One) a. Direct Formula Grantee ~[ City over 50.0(X) [] Urban County 0 Conso~ium b. [] State Grantee c. {~ HUD-Administered Rental Rehabilitation Program Small City Grantee d. [] HUD-Administered City Grantee 8. Amount of Rental Rehabilitation Program (RRP) Grant FY: 1990 a. Amount of RRP funds previously obligated for this grantee -O- b. Amount of RRP funds currently being obligated for this grantee $90~000 c. Amount of RRP funds currently being deobllgated for this grantee -O- d. New total of RRP funds now obligated for this grantee $90f000 9. Special conditions (Check applicable box) aX~ Not applicable b. [~ Attached For: U.S. Depadment of Housing and UrbanDevslopment ~.--~ ~,/ / // ~t~e:Acting Manager MARY ANN WILSON J~/~/~z~/~j~ ) Richmond Field Office Previous Edition (8-~) is obsolete HUD.40015(11-84) 24 CFR Part 511 Funding Approval Ren)al Rehabilitation Program U.S. Department of Housing and Urban Development Community Planning and Development HI-O0527R Under Section 17 of The united States Housing Act of 1937 (42 U.S.C. 14370) 1. Name o! Grantee CTTY (~r RtSANf'~I~ 3. Grantee's Address Post Office Box 1220 Roanoke, VA 24011 6. R'] Original Funding Approval ~ Amendment (No,) 2. Grant NO. R-90-MC-51-0207 4, HUD Geographic Locator Code No. 03-36-51-760 5. a) Date of HUD Receipt of Program Description b) Date Grantee Notified of Approval c) Fiscal Year 1990 4/23/90 7. Category of Rental Rehabilitation Program Grant for this Funding Action (Check Only One) a. Direct Formula Grantee ~[ City over 50,000 [] Uf'oan County [] Co~soritum b. [] State Grantee c, C3 HUD-Administered Rental Rehabilitation Program Small City Grantee d. [] HUD-Administered City Grantee 8. Amount of Rental Rehabilitation Program (RRP) Grant FY: 1990 a. Amount of RRP funds previously obligated for this grantee -0- b. Amount of RRP funds currently being obligated for this grantee $90~000 c. Amount of RRP funds currently being deobllgated for this grantee -0- d. New total of RRP funds now obligated for this grantee $90;~000 9. Special conditions (Check applicable box) ax~] Not applicable b. [] Attached For: U.S. Department of Housing and Urban Development By:. Title: A~ting Manager . MARY ANN WILSON _ ' ~) Richmond Field Off~ce Previous Edition (8-84) is obsolMe HUD-4~1S(11 -e4) 24 CFR Part 511 Gra~t Agreement U,S. Department of Housing and Urban Development 0 f~ce of Community Planning and Development This Grant Agreement is made by and between the Department of Housing and Urban Development (HUD) and ROANOKE, Virginia (the Grantee) pursuant to the au(hority of Section 17 of the United States Housing Act of 1937 (42 USC 1437o). The Grantee's approved Program Description and the HUD regulations at 24 CFR Part 511 (as now in effect and as may be amended from time to time), which are incorporated by reference, together with the HUD Funding Approval Form 40015 and any special conditions, which are hereto attached, constitute part of this Agreement. in reliance upon and in consideration of the mutual representations and obligations hereunder, HUD and the Grantee agree as follows: 1. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance for Fiscal Year 19 specified in the attached HUD Funding Approval Form 40015 available to the Grantee upon execution of the Agreement by the parties. 2. The obligation and utilization of the funding assistance provided is subject to the requirements of the regulations and any special conditions set forth in the HUD Funding Approval Form 40015, Including the requirement for a release of funds by HUD under the Environmental Review Procedures at 24 CFR Part 58 for any activities requiring such release. 3. HUD's payment of funds under this Grant is also subject to the Grantee's compliance with HUD's electronic funds transfer and information reporting procedures Issued pursuant to 24 CFR 511.74. 4. To the extent authorized by the HUD regulations at 24 CFR Part 511.33 and 511.82, HUD may, by its execution of an amendment to the HUD Funding Approval Form 40015 deobligate funds previously awarded to the grantee without the Grantee's execution of such form or other consent. Such a deobligaflon of Rental Rehabilitation Program grant funds may also cause a recapture of a commensurate amount of Section 8 Existing Certificate or voucher contract authority. 5. The Grantee further agrees to accept responsibility for adherence to the Agreement by subreclplent entities and property owners to which It makes funding assistance hereunder available. For: U.S. Department of Housing and Urban Development Title: . Actlng . .Ma~g, er MARY ANN WILSON Richmond Field Office Date: < JUN t 1990 By: For: Grantee By:. Title: Date: HUD-40015.1 (11-84} 24 CFR Part 511 Office of the City Clerk August 27, 1990 File #178-236 Mr. W. Rober~ Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30220-82790 authorizing a certain real estate option to be entered into in connection with the Home Purchase Assistance Program, for real estate located at 509 Tenth Street, N. ~., which is currently owned by Jimmy R. and Ethel M. Stevens. Ordinance No. 3~220-82790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 27, 1990. Sincerely, ~ Mary F. Parker, CMC/AAE City Cler~ MFP:ra Enc. pc: Mr. William F. Clark, Director of Public Works Hr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator 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 September 4, 1990 File #178-236 Mr. & Mrs. Jimmy R. Stevens Route 4, Box 251 Troutville, Virginia 24175 Dear Mr. & Mrs. Stevens: I am enclosing copy of Ordinance No. 30220-82790 authorizing a certain real estate option to be entered into in connection with the Home Purchase Assistance Program, for real estate located~at 509 Tenth Street, N. ~., which is currently owned by Jimmy R. and Ethel M. Stevens. Ordinance No. 30220-82790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 27, 1990. Sincerely, ~c~ .Mary F. Parker, CMC/AAE City Cleric MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF TRE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30220-82790. AN ORDINANCE authorizing a certain real estate option to be entered into in connection ~ith the Rome Purchase Assistance Program, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City ~anager be, and he is hereby authorized, for and on behalf of the City, to execute a certain Real Estate Option on real estate located at 509 Tenth 3treet, S.W., and currently o~ned by Jimmy R. Stevens and Ethel ~. Stevens, as set out in and attached to the City ~anager's report dated August 27, 1990, a copy of ~hich is on file in the Office of the City Clerk, upon approval of the form of the Option by the City Attorney, and upon such other terms and conditions as are provided therein. 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. Roanoke, Virginia August 277 1990 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Execution of Real Estate Option at 509 Tenth Street, $.W. under the Home Purchase Assistance Program I. Background $220,000 from the Virginia Department of Housing and Community Develop- ment's Single Family Rehabilitation and Energy Conservation Loan Program, and $2t40~000 in Community Development Block Grant (CDBG) funds were allocated to the Home Purchase Assistance Program by City Council on June 26, 1989, allowing the City to provide loans to iow-moderate income households agreeing to buy and repair approximately 18-20 certain ident- ified substandard houses, lhe Program is administered jointly by the City and the Roanoke Redevelopment and Housing Authority (RRHA), as outlined in the City's contract for services with RRHA. Real Estate Options were selected as the best way to allow the City to implement the Home Purchase Assistance Program. These Options define the property owner's and the City's responsibilities under the Program7 establish a purchase price for the property, allow the City to access the property, and market the property for sale to qualifying low and moderate income purchasers in the Program through assignment of the Real Estate Option. This provides for a direct sale of the property from the current owner to the purchaser selected through the Program. The City will not exercise any Option and will not actually purchase any property in the Program. Should the City be unable to find a buyer for the property7 the Real Estate Option would be allowed to expire. Council previously authorized the City Manager to execute Options with individual property owners of several properties to be included in the Home Purchase Assistance Program. II. Current Situation Real Estate Option has been executed by the owner of a vacant single family home located at 509 Tenth Street, S.W. (Attachment) (City assessment $17,000). Owner purchased the property for $16,500 in September 19887 and has made some repairs to the property. The owner has offered the property at an Option price of $18,500. Housing Development staff has determined that the offered price is reasonable to allow the home to be included in the Program. Council authorization for the City Manager to execute Real Estate Option (Attachment) with the owner of the property is necessary to allow this property to be marketed to qualifying households through the Program. Honorable Mayor and Members of Council August 27, 1990 Page Two III. Issues A. Cost to the City B. Effect of Housing Conditions C. Timing IV. Alternatives A. Authorize the City Manager to execute Real Estate Option at §09 Tenth 5treet~ S.~!/. (Attachment), to be approved as to form by the City Attorney, with the owner of this property selected for the Home Purchase Assistance Program. Cost to the City would be $1.00 ~or the Option. Under separate subsequent action, Council will be asked to approve assignment of the Option to qualifying purchaser under the Program and authorize loaning CDBG funds for the purchase. Effect on housing conditions will be Positive as an additional home-ownership opportunity will be provided to low-moderate income households within the Mountain View Neighborhood. Owner occupancy and rehabilitation of a vacant substandard house will provide a positive contribution to the stabilization and rejuvena- tion of the neighborhood. 3. Timing is such that prompt execution of this Option will allow immediate marketing of the home. B. Do not authorize the City Manager to execute Real Estate Option at 509 Tenth Street~ $.W. {Attachment)~ to be approved as to form by the City Attorney, with the owner of this property selected for the Home Purchase Assistance Program. 1. Cost of the City can be recognized as lost opportunity cost. Effect on housing conditions will be negative, as an additional home ownership opportunity will not be provided to low-moderate income households in the Mountain View Neighborhood. This prop,erty may not be rehabilitated and may provide a negative contribution to the stabilization and rejuvenation of the neighborhood. 3. Timing would not be an issue. Honorable Mayor and Member of Council August 27, 1990 Page Three V. Recommendation Adopt Alternative A~ thereby authorizing the City Manager to execute Real Estate Option at 509 Tenth Street~ S.W. (Attachment)~ to be approved as to form by the City Attorney~ with the owner of this property selected for the Home Purchase Assistance Program. WRH:BC (CR.#3.1,.2,.3) CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator W. Robert Herbert City Manager REAL ESTATE OPTION A~&CIZP I~2~I' THIS REAL ESTATE OPTION (hereinafter referred to as "Option"), made this 8th day of August. , 19~)0, by and between :]imm), R. Stevens & Ethel M. Stevens (herein~[ter referred to as "Grantor"), and the CITY OF ROANOKE, VIRGINIA (hereinafter referred to as "Grantee"). WITNESSETH= 1. GRANT OF OPTION. For and in consideration o! One Dollar (S 1.00 .), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor gives and grants to Grantee~ its successors and assigns, the exclusive~ assignable and irrevocable right and option to purchase the property, more particularly described in Section No. 2 of this Option, together with all easements, rights and appurtenances attached thereto, and all improvements thereon (hereinafter referred to as "Real Estate"). By giving and granting this Option to Grantee, Grantor certifies that Grantor~ and only Grantor~ owns the Real Estate in fee simple. follow~ DESCRIPTION OF REAL ESTATE. The Real Estate is described as 509 Tenth Street S. ~/. A parcel in the City o! Roanoke~ Virginia~ City of Roanoke Official Tax No. 1113027 ~ consistin$ of approximately .0~6 acres, more particularly described on the map attached hereto, labeled Exhibit A~ and incorporated by reference herein~ together with all easements, rights of way, water rights, appurtenances ~nd improvements thereto belongin$~ the legal description tor which is S PT Lot 17~ Block 10l , Map F Rorer. 3. TERM OF OPTION. This Option shall commence on the date and at the time o! execution oi this Option by Grantor and Grantee. This Option shall expire at 11:§9 p.m., on October 15, I990, unless earlier exercised or terminated by Grantee. z~. EXERCISE OF OPTION. This Option shall be deemed validly and effectively exercised if notice of the exercise hereof is either sent by certified mail to Grantor at P.O. Box 251 Troutville~ VirRinia 2q175 ., or delivered in person to Grantor, on or before the expiration date and time of this Option. Notice of such exercise which is given by certified mail shall be deemed effective when depo- sited in the mail as aforesaid. For the period that this Option is effective, neither Grantor nor Grantor~s employees, agents, tenants or representatives shall use or alter the Real Estate in a manner which would adversely affect its use by Grantee, and Grantor shall not sell, encumber, or otherwise transfer or dispose of the Real Estate to any other party. The exercise o! this Option shall result in Grantor selling and conveying the Real Estate to Grantee, and Grantee purchas- ing and accepting the Real Estate from Grantor, for the amount of the Purchase Price~ subject to the terms and conditions contained in this Option. Grantee reserves for it and its successors and assigns the right to terminate this Option at any time for cause or no cause at ail, either before or ~fter the assignment of this Option. 5. FAILURE TO EXERCISE OPTION. If Grantee does not exercise this Option, Grantor shall have no rights or claims against Grantee. 6. INSURANCE. Upon execution of this Option, Grantor shall maintain general liability insurance on the real estate during the -2- term o! this Option, or any extension o! said term, in an amount of $300~000.00 , and shall supply Grantee with a Certificate of insurance, demonstrating that Grantee is a named insured on the policy of general liability insurance. 7. RIGHT OF ENTRY AND MARKETING OF REAL ESTATE. After the execution of this Option by Grantor and Grantee, and either before or after the exercise of this Option by Grantee, Grantee, or its agents or employees, may enter upon the Real Estate and perform ali sur- veying, engineering, soil borings, appraisals, estimates of repairs and other tests and acts deemed necessary by Grantee to satisfy Grantee that the Real Estate is suitable for the uses and purposes intended by Grantee and is suitable for the Home Purchase Assistance Program (hereina-(ter referred to as the "Prog~ram"). All such tests and acts shall be performed at reasonable hours and at Grantee's cost and expense. In addition, Grantee shall be entitled to publicize the Real Estate for sale, endeavor tO identify a purchaser for the Real Estate, place a "For Sale" sign on the Real Estate, show the property to prospective purchasers~ and take other reasonable and appropriate action deemed necessary by the Grantee to sell the Real Estate. Under no circumstances shall this section create any rights in the Grantor or impose any obligations upon the Grantee. 8. REAL ESTATE MAINTENANCE. Grantor shall maintain the Rear Estate and adjoining sidewalks and walkways in a safe and attractive manner during the term of this Option~ and in the event o! the exer- cise of this Option, until the date of closing. -3- 9. RISK OF LOSS. Grantor shall bear any risk oi loss o! the Real Estate during the term of this Option, or, in the event of the exercise of this Option, until the date of closing. 10. ASSIGNMENT. Grantee may assign this Option by written noti- fication to Grantor. Grantor shall not assign this Option, unless approved in writing by Grantee, and Grantee's approval of such an assignment may be withheld for any reason or no reason at ali. If the Grantor assigns this Option, all references in this Option to the Grantor shall apply to the assignee, if the Grantee assigns this Option, ail references in this Option to the Grantee shall apply to the assignee. In the event of an assignment by either the Grantor or the Grantee, no claim may be asserted against the assignor based upon, arising out of, or related to this Option. Il. PURCHASE PRICE. The purchase price for the Real Estate shall be Eii~hteen-Thousand Five-Hundred and NO/100 DOLLARS ($18t~00.00). 12. PAYMENT OF PURCHASE PRICE. The purchase price for the Real Estate shall be payable at closing. 13. CLOSING. It this Option is exercised, closing oi the sale of the Real Estate shall be held within sixty (60) days o! the date on which Grantor receives notice of Grantee's exercise o! this Option, or as soon thereafter as may be practically possible. Closing shall be held in Room 170, Municipal Building, 212 Church Avenue, Roanoke, Virginia, or at some other location selected by the City and mutually satisfactory to the parties. At closing, Grantor shall execute, acknowledge~ and deliver to Grantee, a general warranty deed, with modern English covenants of title, in form satisfactory and acceptable to the Grantee, conveyin$ the Real Estate to Grantee, free and clear of all liens, tenancies, encumbrances, material defects, and exceptions, other than current taxes, and any other matters that may have been approved by Grantee in writing after examination of title. Said deed shall be prepared at Grantor's expense. Grantor shall pay grantor's tax, and ail documentary, transfer, and excise taxes imposed upon that conveyance. Grantor shall execute and deliver a non-foreign affidavit to Grantee at closing in the form required by Section l~ of the Internal Revenue Codel otherwise, Grantee will withhold a portion of the Purchase Price and remit the same to the Internal Revenue Services for the account of Grantor as required by law. Grantor also shall execute, acknowledge~ and deliver any of the instruments, documents, arid assurances required or requested by Grantee or a title insurance company in order to con- summate this transaction and effect the conveyance of the Real Estate to Grantee as herein provided, including, without limitation, a ven- dor's affidavit in form satisfactory and acceptable to Granteets coun- sel. Possession of the Real Estate shall be delivered to Grantee at the ciosing~ in the same condition as it now is~ ordinary wear and tear only excepted~ free and clear of the right~ or claims of any other party. All warranties and representations of Grantor, and any covenants and obligations of Grantor hereunder which remain unper- formed upon closing, shall survive the closing. [~. GRANTEE UNABLE TO CLOSE SALE. The terms of this Option notwithstanding, should Grantee be unable or unwilling for any reason to close on the sale of the Real Estate, including being determined ineligible for the Home Purchase Assistance Program by the Virginia Housing Development Authority, after the exercise of this Option, this Option shall terminate without any liability incurred by Grantee, Grantee's assigns, successors, administrators, executors, officers, agents, employees, or any and all of Grantee's predecessors in inte- rest of this Option, if any. tS. GRANTOR UNABLE TO CLOSE SALE. If Grantor f~ls to close on the sale of the Real Estate for any reason~ Grantor shall pay Grantee and its assigns, and all of Granteets predecessors in inte- rest of this Option, if any, all costs lncurreds including costs incurred in the arrangement of the rehabilitation and financing for the sale of the Real Estate. I6. INDEMNITY. Grantor shall indemnify and hold Grantee, its officers, agents, employees, successors, assigns, executors and administrators, and any and all of Grantee's predecessors in interest of this Option~ if any, harmless from any and all claims, damages, losses, expenses, costs and attorney fees~ as a result of, arising out off or relating to the performance by Grantee under this. Option. 17. TAXES. At closing, Grantor shall be responsible for and pay ali real estate taxes upon the subject Real Estate to be pro- rated as of the Date of ~losing. -6- 18. SUCCESSORS. The parties agree and fully understand that this Option shall be binding upon the parties, their heirs, successors, assigns, executors and administrators. 19. ENTIRE AGREEMENT. This Option contains and constitutes the entire agreement o! the parties regarding the subject matter hereoi, and there are no other agreements, written or oral, between the parties affectin8 the subject matter hereof. No amendment of this Option shall be effective unless the same is made in writin8 and signed by the parties hereto. 20. THIRD PARTY. This Option creates no rights in any party, except Grantor and Grantee. 21. DETERMINATIONS~ FINDINGS AND CONCLUSIONS. All determina-: tions, findings and conclusions made by Grantee under this Option shall be made in the sole and absolute discretion of Grantee, and Grantor shall have no rights, claims or causes of action against Grantee, its officers, agents, employees, successors, assigns, exe- cutors and administrators, and any and all of Granteets predecessors in interest of this Option, if any, for Grantee's determinations, findings and conclusions. 22. NOTICES. Notice of exercise o! this Option shall be given in the form attached as Exhibit B and in the manner set forth in this Option. All other notices, requests or other correspondence relating to this Option shall be sent by certified mail, postage prepaid, by each party to the other party hereto at the addresses specified below or at such other address as a party may by written notice give as the -7-- address to which such future notices, requests and correspondence shall be sent hereunder: GRANTOR: GRANTEE: w/copy to: 3immy R. Stevens Ethel M. Stevens P. O. Box 25! Troutville, VA 2t~17~ ~!/. Robert Herbert, City Manager City of Roanoke 36~ Municipal Building Roanoke, Virginia 2&0Il Ronald H. Miller, Building Commissioner/ Zoning Administrator, City of Roanoke Room 170, Municipal Building Roanoke, Virginia 2t~011 23. CONSTRUCTION. The interpretation, construction, and performance oi this Option shall be governed by the laws ot the Commonwealth of Virginia. All headings o! sections o! this Option are inserted for convenience only, and do no1[, form part of this Option or limit, expand, or otherwise alter the meaning of any provisions hereot. This Option shall be executed in duplicate, each of which shall be deemed to be an original. This Option shall be construed without regard to any presumption or rule requiring construction against the party causing the Option to be drafted. 2t~. RECORDING. This Option shall be recorded in the land records o! the Office of the Clerk of the Circuit Court of the City o! Roanoke. EXECUTED and DELIVERED by Grantor and accepted by Grantee as o! this 8th day o! August , i990 . jANTOR, -8- ATTEST'- Mary F. Parker, City Clerk GRANTEE: CITY OF ROANOKE, VIRGINIA By Robert Herbert, City Manager COMMONWEALTH OF VIRGINIA ) To-wit: City of Roanoke ) I hereby certify that the foregoing Real Estate Option Agree- ment was acknowledged before me by 3imm¥ R. Stevens & Ethel M. Stevens , this 8th day of August , 1990. My Commission expires= 3anuary 29~ 1993 v Notary COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) To-wit: 1 hereby certify.that the foregoing Real Estate Option Agreement was acknowledged before me by ~/. ROBERT HERBERT and MARY F. PARKER, City Manager and City Clerk, respectively, of the CITY OF ROANOKE, VIRGINIA, on behalf of that municipal corporation, this __ day of , 1~90. My Commission expires: Notary Yu~ltc EXERCISE OF OPTION I or we the undersigned do hereby exercise the Option dated ., 1990, assigned to me or us by the City of Roanoke, This Exercise of Option is done pursuant to the Agreement of Assign- ment dated ,, 1990. (SEAL) (SEAL) COMMON~/EALTH OF VIRGINIA ) ) To-wit.' CITY OF ROANOKE ) I hereby certify that appeared before me and acknowledged the foregoing Exercise of Option on this~ day of , 1990. My Commission expires: Notary Public I of I EXHIBIT B Office of the City Clerk August 27, 1990 File #51-70 ~r. W. Robert Herbert City Manager Roanoke, Virginia Dear ~r. Herbert: Your report recommending authorization to initiate a petition to rezone portions of parcels of land located on Mecca'Street, N. E., bearing Official Tax Nos. 7090401 and 7080101, from RS-3, Residential Single Family District, to LM, Light ~anufactur~ng District, in connection with development of a fire station to serve the Route 460 East corridor of the City, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 27, 1990. On motion, duly seconded and adopted, Council concurred recommenda t i on. Sincerely, ~dt_~ ~ary F. Parker, CMC/AAE City Clerk in the MFP:ra Eric o pc: ~r. ~illiam F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. John R. Marlles, Chief of Community Planning Mr. Ronald E. ~iller, Building Commissioner/Zoning Administrator ~r. George C. Snead, Jr., Director of Administration and Public Safety Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Roanoke, Virginia August 27, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request for authorization to initiate a rezoning of parcel of land bearing Official Tax Nos. 7090401 and 7080101 from RS-3, Residential Single Family District to LM, Light Manufacturing District I. Background: August 13t 1990 City Council authorized the City Manager to execute the real estate option on the Mecca Street site in order to develop a fire station to serve the 460 East corridor of the City of Roanoke (Attachment A). Portions of properties under option are currently zoned RS-3, Residential Single Family District. Permitted uses in RS-3, Residential Single Family District, according to Roanoke City Zoning Ordinance Sec. 36.1-89 does not include fire station. Zoning of properties should be LM, Light Manufacturing District, to permit the development of a fire station. II. Alternatives Authorize the City Manager to initiate a petition to rezone portions of parcels bearing Official Tax Nos. 7090401 and 7080101 to LM, Light Manufacturing District, to allow for the development of a fire station. Do not authorize the City Manager to initiate a rezoning petition. Existing RS-3, Residential Single Family District, would not allow for the development of a fire station. III. Recommendation: Roanoke City Council authorize the City Manager to initiate a petition to rezone portions of parcels bearing Official Tax Nos. 7090401 and 7080101 to LM, Light Manufacturing District, according to Alternative A. Present RS-3 zoning does not permit the development of a fire station. Respectfully ~ubmitted, W. Robert Herbert City Manager WRH/GCS/hw CC: Assistant City Manager Director of Administration and Public Safety Director of Public Works City Engineer Zoning Administrator Chief of Con~nunity Planning ATTACH)IENT A CITY OF ROANOKE ,,% Imt Office of the City Clerk August ,:i7, 1990 File Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution ¥o. 30222-82790 authorizing you to apply the $25,000.00 considero~ion paia by Eli~abeZh Arden Company to the City, pursuant to ~h,~ ~larch 9, 1990 Real Estate Option Agreement, to a subsequent Real Estate Option Agree~ent between the parties, on a 28.26 acre ~ract of land in the Roanoke Centre for Industry and Technology~ Resolution No. 30222-$2790 was adopted by the Council of the City of Roanoke a~ a regular meeting held on Monday, August 27, Sincerely,~ , Mary F. ?arker, CMC/AAE City Cle~'k MFP:ra Enc. pc: Mr. Stephen A. Morrissey, Director of Logistics, Elizabeth Arden Company, 4411 Plantation Ro(~d, N. E., Roanoke, Virginia 24012 Mr. William F. Clark, Director of Public ~rks Mr. Brian J. Wishneff, Chief of Ecoaomic Development Mr. Kit B. Kiser, Director of U~ilities and Operations 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 27th day of August, 1990. No. 30222-82790. A RESOLUTION authorizing the City Manager to apply the con- sideration paid by Elizabeth Arden Company to the City pursuant to the March 9, 1990 Real Estate Option Agreement to a subsequent Real Estate Option Agreement between the parties. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized to apply the $25,000.00 consid- eration paid by Elizabeth Arden Company to the City of Roanoke pursuant to a March 9, 1990 Real Estate Option Agreement on a 28.26-acre site in the Roanoke Centre for Industry and Technology to any subsequent Real Estate Option Agreement on the same pro- perty at such time as it may be executed by the Elizabeth Arden Company and the City, in accordance with the recommendation con- tained in the report of the City Manager to this Council dated August 27, 1990. ATTEST: City Clerk. August 27, 1990 Honorable Mayor and Members of Council Roanoke, Virginia Dear Council Members: subject: Option agreement at the Roanoke Centre for Industry and Technology (RCIT) for Elizabeth Arden Company I. Background: ao Elizabeth Arden Company, after an extensive search, chose a 28.257 acre site, identified as Parcel 4 (Tax Map Number 7210101) in the Roanoke Centre for Industry and Technology (RCIT) for the location of a new office/distribution facility. Bo Ordinance Number 29938-22690 was adopted by the Council of the City of Roanoke on February 26, 1990 authorizing the execution of an Option for the sale of Parcel 4 (Tax Map Number 7210101) in the RCIT to Elizabeth Arden Company and authorizing the execution of the requisite deed conveying such property. Terms provided for the option to expire one hundred and eighty (180) calendar days after execution. The Option was executed on March 9, 1990 by W. Robert Herbert, City Manager. Consideration of $25,000 for the option was paid to the City to be applied to the purchase price at closing. If Elizabeth Arden Company does not exercise the option by the expiration date (September 16, 1990) the monies are retained by the City. II. Current Situation: ao Unilever offices in London, the parent company of Elizabeth Arden Company, has requested additional project support information which will take Elizabeth Arden Company several months to compile. Bo Extension of current Option for one hundred and twenty (120) days has been requested by Elizabeth Arden Company to comply with Unilever's request for additional information. Expiration date of September 16, 1990 will have passed by the time City Council has heard this request at two regularly scheduled meetings and the City Manager has waited the mandatory ten days to execute an extension of the option. Council Members August 27, 1990 Page 2 III. Issues: A. Timing. B. Economic Development. IV. Alternatives: ao Authorize the City Manager to execute a new Option agreement with Elizabeth Arden Company for a period of one hundred and twenty days (120) past the execution date and apply the $25,000 original option money to the new Option. Timing is important in that Elizabeth Arden Company does not wish to lose its option on Parcel 4 in the RCIT. Economic Development in the City would be enhanced by assuring Elizabeth Arden Company that Parcel 4 in the RCIT is available for the development of their new office/ distribution facility. Do not authorize the City Manager to execute an agreement extending the Option with Elizabeth Arden Company. 1. Timing is not an issue. 2. Economic Development opportunity would be missed. V. Recommendation: Recommend Alternative A to authorize the City Manager to execute a new Option with Elizabeth Arden Company for a one hundred and twenty (120) day period and apply the $25,000 original Option money to the new Option. Respectfully submitted, W. Robert Herbert City Manager WRH/EDC:kds cc: Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Chief of Economic Development Office of the City Clerk August 27, 1990 File #132 The Bonorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I am attaching copy of Resolution No. 30223-82790 establishing the time and location of certain regular meetings of the' Council of the City of Roanoke. Resolution No. 30223-82790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 27, 1990. Sincerely, f~g~__~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric . Mr. Mr Mr ~r Mr Mr Mr, PuDlic W. Robert Herbert, City Manager Earl B. Reynolds, Jr., Assistant City Manager Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Von ~. Moody, III, Director of Real Estate Valuation Robert H. Bird, Acting Municipal Auditor William F. Clark, Director of Public Works John R. Marlles, Chief of Community Planning Kit B. Kiser, Director of Utilities and Operations James O. Ritchie, Director of Human Resources George C. Snead, Jr., Director of Administration Safety and Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk August 31, 1990 Mr. Lee C. ftartman, President Lee Hartman and Sons, Inc. P. O. ~ox 13365 Roanoke, Virginia 24033 I am enclosing copy of Resolution No. 30223-82790 establishing the time and location of certain regular meetings of the Council of the City of Roanoke for 1990, 1991 and 1992. Please assist the City of Roanoke by providing the public address system for each Council meeting. If you have questions, please do not,hesitate to call me. With kindest personal regards, I am Sincerely yours, 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 December 6, 1990 Mr. ~arren Crawford, Principal Monterey Elementary School 4501 ©liver Road, N. E. Roanoke, Virginia 24012 Dear Mr. Crawford: I am enclosing copy of Resolution ~o. 30223-$2790 which was adopted by the Council of the City of Roanoke on Monday, Augus~ 27, 1990, establishing City Council meetiags in the various quadrants of the City of Roanoke during the year~ 1991 and 1992. I look forward to working with you and the members of your staff when City Council holds its neighborhood meeting at ~nterey Elementary School on ~onday, August 24, 1992, at 6:00 p.m. Please accept my best wishes for a happy and joyous holiGay Sincerel?, /~~ Mary F. Parker, C~4C/AAE City Clerk ~FP:ra NH~,D.CC2 Room 456 Municip ilding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk December 6, 1990 ~r. William Sin~ler, Principal Lincoln Terrace Elementary School 1802 Liberty Road, N. ½. Roanoke, Virginia 24012 Dear Mr Sinkle-. [ am enclosing copy of Resolution No. 30223-82790 which was adopted by the Council of the City of Roanoke on Monday, August 27, 1990, establishing City Council meetings in the various quadrants of the City of Roanoke during the years 1991 and 1992. I look forward to working with you and the members of your staff when City Council holds its neighborhood meeting at Lincoln Terrace Elementary School on ~onday, February 25, 1991, at 6:~ p. m. Please accept my best wishes for a hapDy and joyous holiday Sincerely, ~ Mary F. Parker, C~C/AAE City Clerk MFP: ra NHCCD. CC2 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk December 6, 1990 14r. Charles E. Kennedy, Principal Stonewall Jackson Middle School 1022 Ninth Street, S. E. Roanoke, Virginia 24013 Dear Mr. Kennedy: I am enclosing copy of Resolution No. 30223-82790 whic;i was adopted by the Council of the City of Roanoke on Monday, August 27, 1990, establishin~ City Council meetings in the various quadrants of the City of Roanoke during the years 1991 and 1992. I look forward to working with you and the members of your staff when City Council holds its neigl~borhooa meeting at Stonewall Jackson ~iddle School on Tuesday, May 28, 1991, at 6:00 p.m. Please accept my best wishes for a happy and joyous holiday Sincerely, ~t3..~_~x~ Mary F. Parker, CMC/AAE City Clerk MFP: ra N HGOD . CC2 Enc, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk December 6, 1990 ~r. J. Carroll Smith, Principal ©a~land Intermediate School 3229 Williamson Road, N. W. Roanoke, Virginia 24012 Dear Mr. Smith: I am enclosing copy of Resolution No. 30223-82790 which was adopted by the Council of the City of Roanoke on Monday, August 27, 1990, establishing City Council meetings in the various quadrants of the City of Roanoke during the years 1991 and 1992. I look forward to working with you and the members of your staff when City Council holds its neighborhood meeting at Oakland Intermediate School on Monday, August 26, 1991, at 6:00 p.m. Please accept my best wishes for a happy and joyous holiday Sincerely, /~~ Mary F. Parker, C~C/AAE City Cler~ ~FP:ra NHOO~D.CC2 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk December 6, 1990 Mr. ~illiam Shepard, Principal Hurt Park Elementary School 1525 Salem Avenue, S. ~. Roanoke, Virginia 24016 Dear ~r. Shepard: I am enclosing copy of Resolution No. 30223-82790 which was adopted by the Council of the City of Roanoke on ~onday, August 27, 1990, establishing City Council meetings in the various quadrants of the City of Roanoke during the years 1991 and I992. I look forward to working ~iti~ you and the members of your staff when City Council halos its neighborhood meeting at Hurt Park Elementary ~chool on Monday, November 25, 1991, at 6:00 p.m. Please accept my best wishes for a happy and joyous holiday Sincerely, ~~.~ ~4ary F. Parker, CMC/AAE City Clerk ~FP:ra N~O~D.CC2 Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011 (703) 981-2541 Office of the City Clerk December 6, 1990 Ms. Margaret Thompson, Principal Roanoke Academy for Mathematics 1122 19th Street, ~. ~. Roanoke, Virginia 24017 and Science Dear ~s. Thompson: I am enclosing copy of Resolution ~o. 30223-82790 which was adopted by the Council of the City of Roanoke on Monday, August 27, i990, establishing City Council meetings in the various quadrants of the City of Roanoke during the years 1991 and 1992. I look forward to working with you and t~e members of your staff when City Council holds its neighborhood meeting at Roanoke ~cademy for Mathematics and Science on Monday, February 24, 1992, at 6:00 p.m. Please accept my best wishes for a happy and joyous holiday Sincerely, ~~ ~lary F. Parker, C~C/AAE City Clerk ~IFP : ra ~r~DD. CC2 ~nc . Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk Oecember 6, 1990 Ur. Gary Galbreath, Principal Garden City Elementary School 3718 Garaen City Boulevard, S. E. Roanoke, Virginia 24014 Dear ~r. Galbreath: I am enclosing copy of Resolution No. 30223-82790 which was adopted by the Council of the City of Roanoke on ~onday, August 27, 1990, establishing City Council meetings in the various quadrants of the City of Roanoke during the years 1991 ann 1992. I look forward to working with you and the members of your staff when City Council holds its neighborhood meeting at Garden City Elementary School on Tuesday, Way 26, 1992, at 6:00 p.m. Please accept my best wishes for a happy arid joyous holiday season, Sincerely, ~~ ~ary F. Parker, C~C/AA£ City Clerk ~YFP:ra ,¥H©OD.CC2 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of August, 1990. No. 30223-82790. VIRGINIA, A RESOLUTION establishing the time and location of certain regular meetings of the Council of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke as 1. The regular meetings of Council listed below 7:00 p.m., and be held at the locations indicated: Date November 26, 1990 February 25, 1991 May 27, 1991 August 26, 1991 November 25, 1991 February 24, 1992 May 25, 1992 August 24, 1992 2. To the extent follows: shall commence Place Highland Park Elementary School Lincoln Terrace Elementary School Jackson ~iddle School Oakland Elementary School Hurt Park Elementary School Northwest Elementary School Garden City Elementary School ~onterey Elementary School. of any inconsistency between this Resolution and Rule 1 of City Council's Rules of Procedure as set out in $2-15, Code of the City of Roanoke (1979), as amended, this Resolution shall prevail. 3. The City Clerk shall give appropriate public notice with respect to the locations, dates and times of the Council meetings established by this Resolution. at ATTEST: City Clerk. Roanoke, Virginia August 27, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Quarterly Neighborhood Council Meetings I. Background: City Council meeting in the four neighborhood quadrants were initiated in June 1982 and discontinued after April 25, 1988. Be City Council, at its July 9, 1990, regular meeting approved a motion to re-establish the quarterly neighborhood meetings in the different quadrants of the City and referred the matter to the City Manager and the administration for their review in selecting meeting places, times and dates. II. Current Situation: Adequate facilities are available in each quadrant of the City providing sufficient seating capacity, parking and access for handicapped persons. Proposed meeting locations are intended to maximize opportunities for citizen involvement. Proposed schedule for quarterly quadrant meetings over the next two years is suggested as follows: November 26, 1990 Highland Park Elementary School February 25, 1991 Lincoln Terrace Elementary School May 27, 1991 Jackson Middle School August 26, 1991 Oakland Elementary School Members of Council Page 2 November 25, 1991 Hurt Park Elementary School February 24, 1992 Northwest Elementary School May 25, 1992 Garden City Elementary School August 24, 1992 Monterey Elementary School Meeting times starting at 7:00 p.m. would help encourage citizen involvement based on the administration's experience working with neighborhood groups and organizations. Meeting format is proposed to include an informal discussion hour from 6:00 p.m. to 7:00 p.m., where the Council and administration can greet the public. Refreshments would also be available. Council's regular official meeting would commence at 7:00 p.m. ADproximate cost per meeting is estimated to be $900 which includes expenses in providing a public address system, public notices, and refreshments III. Recommendation: It is recommended that City Council concur in the dates, times and locations suggested. Respectfully.submitted, W. Robert Herbert City Manager WRH:JRM:mpf cc: Assistant City Manager City Clerk City Attorney Director of Finance Director of Public Works Director of Administration and Public Safety Director of Human Resources Director of Utilities and Operations .,p rJ ~J 0 0 U 0 0 '~. 4J t~ 0 · 0 0 0 ~ ~. 0 0 rj Office of the City Clerk August 27, 1990 File #60-323 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30224-82790 amending and reordaining certain sections of the 1990-91 Gran't Fund Appropriations, providing for the appropriation of $7,428.00 to certain accounts, in connection with acceptance of a Library Services and Construction Act (LSCA) Title I, Subregional Library for the Blind Grant. Ordinance No. 30224-82790 was adopted by the Council of the City of Monday, August 27, 1990. Roanoke at a regular meeting Sincerely, Mary F. Parker, CMC/AAE City Clerk held on MFP:ra Enc. pc: Mr. ~. Robert Herbert, City ~anager Mr. James D. Ritchie, Director of Human Resources Ms. Beverly A. Bury, City Librarian 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 TH~ COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 27th day of August, 1990. No. 30224-82790. 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 Government of the City of Roanoke, an emergency is declared to exist. Roanoke Appropriations, THEREFORE, BE IT ORDAINED by the Council of the City of that certain sections of the 1990-91 Grant Fund be, and the same are hereby, amended and reordained to read as follows, in part: ApPropriations Parks, Recreation and Cultural Federal LSCA Title I Blind 5-91 (1-5) .................. $81,550 7,428 Revenue Parks, Recreation and Cultural Federal LSCA Title I Blind '91 (6) ..................... $81,550 7,428 1) Temporary Employee Wages 2) FICA 3) Admin. Supplies 4) Training and Development 5) Equipment 6) Federal LSCA Title I Blind '91 (035-054-5006-1004) $ 602 (035-054-5006-1120) 46 (035-054-5006-2030) 2,030 (035-05.4-5006-2044) 500 (035-054-5006-9005) 4,250 (035-035-1234-7087) 7,428 BE IT FURTHER OP. DAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: city Clerk. 27, 1990 Honorable Mayor Noel C. Taylor and Members of City Council Roanoke, Virginia Members of Council: SUBJECT: LIBRARY SERVICES AND CONSTRUCTION ACT ([SCA) TITLE I, SUBREGIONAL LIBRARY FOR THE BLIND GRANT I. BACKGROUND Federal aid through an LSCA Title I Grant for $7,42~ has been approved for the Roanoke City Public Library by the Virginia State Library and Archives. II. B. Cit~ Librar~ is a Subregional Librars for the visually and physically impaired residents of the Fifth Planning District. 1. Virginia currently has nine subregional libraries. C. Grant will fund staff training, equipment, supplies and extra help staff and must be expended by May 15, 1991. D. Local match is not required. CURRENT SITUATION A. Librars constantls seeks to improve and expand its services to special populations by adding new equipment and by providing training for Outreach Services staff. III. 3. ISSUES Librars Administration recommends that the Grant of $7,428 be used to: 1. Purchase additional components and supplies for existing computer to end manual circulation procedures and enable faster shipment of talking books to handicapped patrons. Obtain staff training on the Reader Enrollment and Distri- bution System (READS). Extend the hours of an existing part-time library page to assist in preparing the talking book collection for automation. A. Enhance service to the visuall~ and ph~sicall~ impaired. B. Budget concerns. C. Compliance with regulations. IV. ALTERNATIVES Ao Accept the LSCA Title I Subregional Library for the Blind Grant and appropriate $7,428 to accounts to be established in the Grant Fund. Enhanced service to the visually and physically impaired Staff will be able to update and access more quickly files indicating what titles have been read, subject content pref- erence and reserve requests for talking book users. Budget concerns Library budget will be increased without additional to the City. cost Compliance with regulations City Manager must certify that neither the City nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any Federal department or agency. Do not accept the LSCA Title I Subregional Library for the Blind Grant and do not appropriate $7,428 in the Grant Fund. Enhanced service to the visually and physically impaired Service would remain at the present level. Manual files will become more time consuming to maintain, resulting in less time available for service to talking book users. 2. Budget concerns Not an issue. 3. Compliance with regulations Not an issue. RECOMMENDATION Ao City Council concur with Alternative A and accept the LSCA Title I Subregional Library for the Blind Grant in the amount of $7,428 and appropriate the funds to the following accounts to be established in the Grant Fund: 1. $4,250 2. $ 500 3. $2,030 4. $ 602 5. $ 46 to Equipment, #035-054-5006-9005 to Training and Development, #035-054-5006-2044 to Administrative Supplies, #035-054-5006-2030 to Temporary Employee Wages, #035-054-5006-1004 to FICA, #035-054-5006-1120 B. Establish a revenue estimate of $7,428 for this Grant in the Grant Fund. Authorize the City Manager or his designee to execute the necessary documents accepting the Grant for the Roanoke City Public Library. Respectfo~ted~ ~' W. Robert Herbert City Manager WRH/JDR/BB/js cc: Wilburn C. Dibling, City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources Beverly A. Bury, City Librarian C~rtlflc;Uon Regarding Debarment, Suspension, Inetlglbill~ and Voluntary Exclu~ion Lower Tier Covered Transactions This c~don i~ requked by d'te re~uia~n$ iml~ementk~ ~d~ 0~ 12~9, ~ent ~ ~ ~.510, P~' m~e~ ~ ~ ~e ~i~ as P~ VII ot ~ ~y 26, 1~ 191~.19211). ~ of ~ ~ may ~ o~ ~ ~n~ ~ ~ to w~ ~s ~o~ (6EFORE COMPLETI,',IG CERT1FICAT}ON, I~F.~O I~TRUCTIONS ON REYEI~E) CITY OF ROANOKE ~ W. Robert Herbert, City Manager Cediflca,on Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This c~Jrx:a~ is r~uked by ~t~ r~uialions imp~m~ ~ Or~ 12~9, ~ent ~ ~ ~ ~ p~ ~, S~ ~.510, P~W ~i~e~ ~ ~ ~e ~;~ ~ P~ Vii of ~ ~y 2~ 19~ ~(~s ~-19211). ~ ~t ~ r~a~ may ~ o~ ~ ~ ~ ~n to w~ ~s ~o~ ~ ~ (BEPORE COMPLETING CERTIFiCATiON, READ iN~TRUCllONS ON REYERSE) CITY OF ROANOKE Name Am:l ~lle OL4alm3m.~l , W. Robert Herbert, City Manager Instructions for Certification 1. By signing and submitting this proposal, ~he prospective lower tier parlicipant is providing the ce~llcallon set out below. 2. ~e certification in ~s clause is a material represen~tion of fact upon which reliance was placed when this ffansac~on was entered into. If it is later determir~l l~al the prospoc~ve tower i~er par~cipant knowingly rendered an en~neous certification, in addition to other r~med~es ,,vallable to ~ Federal Government, the deportment or agency with which this transectior! ork~inated may pursue available remedies, inoit~ng suspension and/or debarme~ 3. The prospac~ lower tier participant shall provide immolate wriden notice to the parson to which this proposal is submiUed i! at any time the prospec~ve lower tier par'ticipant learns tha~ its c~dJf'~tion was erroneous when submi~ed or has become erToneous by mason o! ct~-qed ciro~mstences. 4. The terms 'covered transaction,' 'debarred,' 'Suspended,' 'i~elig~ble,' '~ower ller covered i~'ansaction,' 'participant,' 'parson,' 'prima~y covered ~ansac~n,' 'principaL" 'proposal,' and 'voluntarily excluded,° as used in ~s clause, have the meanings s~t out in the Definitions ~ Coverage sections of rules implementing Execu~ve O~er t 2549. You may contact the parson to which this proposal is submitted for as~stanoe in obtaining e cow of ti'~se requtalions. 5. The pmspec~ve k~ver tier pan, pant agrees by submi~ng Ns proposal that, should the proposed covered ~ansactJon be ente~l into, it ~ not ~ emer in~o a~/lower tier covered ~nsac~n wi~ a parson w~ is de~r?ed,'suspended, dec,red ineligible, or volunteniy excluded from participation in this covered I?ansection, unless autho~zed by ff~ depar~en/or agency/with which this L'ansac'~on originated. 6. Tno prospec~**Jve lower tier parficipan~ ~r~er aqree$ by submi~i~ ~,his proposal that il will include the clause titled Regarding ~ebarment, Suspension. Inellgibilily, and voluntary E~clusion-Lower ~er Covered Transactions,' without m~it~cation, in all lower tier cevered ffansac~ions and in ail solicitations for lower tier covered ~nsections. 7. A pa~cipar~ in a covered transaction may rely upon a cer~fication of a prospective pardcipa~ in a lower ller covered t~nsac~on it is not debated, suspended, ineligible, or voluntarily excluded from the covered transe~on, unless it ~nows ~t the ce~flcation is en*onoous. A paFdc~pan! may decide the method and ~luency by w~ch it delermines the ellqibllily of its ~ncipals. Each par~ipant may, but is no! r~lUtred Io, chec~ ~e ~nprocurement Ust (Tefap/',ono Number). 8. ~b'Vr, q co~a~n~:t in ~e for,~oi~ ~ be ~ te r~pim eStebil~mem of a system of records in order to mr,~r in good fai~ bhe cerffitcation requintd by ~$ clause. The knowled~ and i~f~rmalton of a par~pant is not reduired ~o exceed that which is normally pussassed by a I:mdent person in ~ omlna7 ceu~a of ~sir~ss ~r~. 9. Except for ll"~sac~ons authorized under para~J~4~ 5 of ~ese instruc'fions, if a parlicfbant in a cevered ~nsac~on knowir~y enters into a lover ller cevemd ffansaction with a parson who is s~uspanded, debar~d, ineligible, or voluntary excluded from participation in this transac~on, in addition to other remedies available to the Federal Government, the department or a~anc'7 with which this ~ansa~on originated may pursue avalal~ remedies, induoing susden~n and/or debarment. August 27, 1990 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Monthly Financial Report Attached is a copy of the financial report for the month of July, 1990. JMS/kp GENERAL FUND CONTINGENCY BALANCE AS OF JULY 31, 1990 General Contingency: Ord. No. 30089 CMT CMT CMT CMT Balance July 1, 1990 Department Emergency Med. Services Management and Budget Custodial Services Custodial Services Custodial Services Purpose Billing & Collection Srvc. Consolidation Expenses Excess Custodial Contract Funds Excess Custodial Contract Funds Excess Custodial Contract Funds 426,895 (22,500) ( 2,393) 5,000 5,000 944 $ 412,946 Maintenance of Fixed Assets Contingency: Balance July 1, 1990 200,000 Equipment Replacement Contingency: Balance July 1, 1990 Ord. No. CMT Department Purpose Sheriff Equipment $ 600,000 ( 2~000) 598,000 Supplemental Budget - Employee Uniforms: Balance July 1, 1990 89,700 Supplemental Budget - Employee Cc~pensation: Balance July 1, 1990 Total Contingency Balance 139~713 $1~440~359 CITY OF ROhNOKE GENERAL FUND STA~NT OF REUENUE General Property Taxes Other Local Taxes Permits, Fees, and Licenses Fines and Forfeitures Revenue From Use of Mone~ & Property Education Srants-in-hid Commonwealth Grants-in-Aid Federal Gevernmen% Charges for Current Services Miscellaneous Revenue Internal Services Total Yea~ to D~ce f~ the Period ~ Fiscml Year July 1-July 31 3uly 1-July 31 Per~e~um~e ~e~--~ ~ 19~9-90 1990-91 of Omm:le Ks't~m%es $ 205,914 $ 240,~00 16.65% $ 48,616,705 402,609 433,589 7.69% 37,905,000 31,589 51,897 64.29% 570,218 49,733 52,524 5.61% 593,000 123,493 75,607 1,475,258 1,626,194 225,976 151,271 -0- -0- 25,204 142,115 ( 12,610) 5,303 110,920 132,400 $ 2,638,086 $2,911,100 0.49% 1.14% 9.10% 8.86% (38.78%) 1,661,170 4.55% 10.23% 33,336,659 4.88% (33.06%) 25,285,750 0.60% N/A 28,000 0.00% 463.86% 2,892,046 4.91% (142.05%) 252,979 2.10% 19.37% 1,588,800 8.33% 10.35% $152,730,327 1.91% CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation & Cultural C~ity Development Education Debt Service Non-Departmental Total Year ~ l)ef.e for ~ 1}erlxx] July 1-July 31 July 1-July 31 Peri:~ta~ 1989-90 1990-91 of Cimu~ 760,472 $ 833,864 236,548 301,214 2,227,097 2,021,998 2,976,407 2,855,036 894,216 590,838 548,516 408,644 117,010 227,054 3,366,910 3,257,753 1,089,775 4,197,008 195,214 187,926 9.65% 27.34% 9.21%) 4.08%) 33.93%) 25.5O%) 94.05% 3.24%) 285.13% 3.73%) $12,412,165 $14,881,335 19.89% ~ Revered t~.rce~ of Budget. $ 7,854,974 $ 8,688,838 9.60% 3,086,840 3,388,054 8.89% 25,324,381 27,346,379 7.39% 16,276,300 19,131,336 14.92% 13,172,840 13,763,678 4.29% 3,573,043 3,981,687 10.26% 1,009,309 1,236,363 18.36% 62,391,878 65,649,631 4.96% 4,636,742 8,833,750 47.51% 3,190,967 3,378,893 5.56% $140,517,274 $155,398,609 9.58% CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES AND UNENCUMBERED APPROPRIATIONS SU}~9~R¥ AS OF ~ULY 31, 1990 General Government Education Recreation Streets and Bridges Sanitation Projects Traffic Engineerin§ & Cc~munication Other Infrastructure Projects *Capital Improvement Reserve Total Capital Projects Fund Pric~ Yea~ Current Yeaz' ~ Kxpanditu~a $ 1,427,922 $ 5,133,120 $ 6,561,042 $ 5,193,199 $ 1,367,843 $ 70,807 $ 1,297,036 602,225 11,407,342 12,009,567 5,880,555 6,129,012 887,342 5,241,670 54,194 667,423 721,617 609,104 112,513 78,525 33,988 1,112,191 5,018,322 6,130,513 4,125,059 2,005,454 1,512,896 492,558 4,223,475 4,704,888 8,928,363 8,004,860 923,503 374,660 548,843 1,151,281 153,795 1,305,076 983,634 321,442 6,746 314,696 267,514 14,288,175 14,555,689 724,702 2,969,073 (6,977,575) (4,008,502) $11,807,875 $ 34,395,490 $ 46,203,365 $25,521,113 13,830,987 11,537,657 2,293,330 (4,008,502) (4,008,507l $ 20,682,252 $14,468,633 $ 6,213,619 *Negative balance represents advanced funding on authorized bond issues. 4 CITY OF ROANOKE WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 1 MONTH ENDED JULY 31, 1990 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Rents Miscellaneous Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses 1990 $ 94,365 123,924 9,050 3,996 88,468 45,734 365,537 60,255 79,783 15,958 10r858 166r854 198,683 58~552 140,131 14,616 313 577 15~506 155,637 333 333 $155,304 1989 $ 91,681 120,297 9,511 4,611 72,662 16~013 314,775 59,623 128,070 22,525 15~096 225,314 89,461 57,342 32~119 17,062 313 17 17{392 49,511 833 833 48~678 Net Income WATER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project New Services, Hydrants, Lines Unidentified Plant Replacement Fire Hydrants FC Plans & Specs FY86 Project Design 12 Line Airport Road Edgewood Replacement Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 36,878 33,270 1,394 110,000 12,103 45,507 5~794 244,946 171~644 $ 73r302 NOTE: Some of these projects are continued from prior years with inception to date totals. CITY OF ROANOKE SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEME~ FOR THE 1 ~DNI~ ENDED J~LY 31, 1990 Operating Revenue: Sewage Charges - city Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Administrative and Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses 1990 $320,412 63,605 23,394 88,629 5,788 9,474 329 511~631 93,851 256~634 350~485 161,146 79~104 82~042 11,769 5r660 17~429 99,471 5~567 5,567 1989 $316,156 79,104 25,798 116,310 3,700 7,378 417 548r863 90,363 235~660 326{023 222,840 77~134 145~706 22,845 5~345 28~190 173,896 7~031 7~031 Net Income $ 93~904 $166~865 SEWAGE TREATMENT FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Unidentified Construction FY86 Projects Design S.T.P. Land Acquisition STP - Dechlor Facility Williamson Road Storm Drain Ph. 2, Cont. IIE Williamson Road Storm Drain Ph. 2, Cont. IF Roanoke Diesel Engine #7 Williamson Road Storm Drain Ph. 2, Cont. IG Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 26,168 35,385 25,721 372,084 159,522 24,366 722,440 215~407 1,581,093 557~638 $1r023~455 NOTE: Some of these projects are continued from prior years with inception to date totals. 8 ROANOKE REGIONAL AIRPORT CO~4ISSION COMPARATIVE INCOME STATEMENT FOR THE 1 MONTH ENDED JULY 31, 1990 Operating Revenue: Landing Fees Building and Equipment Rentals Terminal Building Rentals Other Property Rentals Advertising Commissions Miscellaneous Fees Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income (Loss) Add: Non-Operating Income Interest on Investments Interest Income - Airport Debt Service Accounts Miscellaneous State Promotion Grant Total Non-Operating Income Income (Loss) Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses 1990 $ 51,932 31,868 1,206 35,010 4,887 160,060 7~727 292,690 57,012 84~567 141~579 151,111 89~561 61r550 20,080 6,879 3,286 15,000 45~245 106,795 52~729 52~729 1989 31,775 11,876 15,907 3,316 1,574 152,429 3r651 220~528 49,101 153~123 202~224 18,304 48~058 29,754) 26,858 26~858 ( 2,896) 8~364 8,364 Net Income (Loss) $ 54~066 11,260) 9 ROANOKE REGIONAL AIRPORT CO}~ISSION CONTINUED Capital Outlay Not Included in Operating Expenses: Project Paint Hangars Repairs to Hangars Runway Extension %23 New Terminal Building Terminal Related Projects General Aviation Development Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ ?,000 4,950 283,886 24,424,940 52,818 78~392 24,851,986 24~128~842 $ 723~144 NOTE: Some of these projects are continued from prior years with inception to date totals. 10 CITY OF ROANOKE CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR T}{E 1 MONTH ENDED JULY 31, 1990 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Total Operating Revenue Less: Operating Exp. Before Depreciation Administrative: Personal Services Utilities and Cormmunications Administrative Expenses Promotional Expenses: Personal Services Services and Charges Total Operating Exp. Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income 1990 $ 14,488 3,240 245 11r450 29~423 41,153 2,432 83,595 3,775 1~104 132~059 (102,636) 29~224 (131~860) 4,045 221 4~266 1989 25,159 37 7,624 195 4,710 5~447 43{172 38,173 2,730 66,628 3,607 291 111~429 68,257) 28~589 96,846) 6,431 297 6~728 Net (Loss) $(127,594) 90,118) 11 CIVIC CENTER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Trade Center Fire Alarm System Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $50,000 28~063 78,063 78~063 $ -0- NOTE: Some of these projects are continued from FY90 with inception to date totals. 12 CITY OF ROANOKE INTE~%%L SE~VIC~ F[~D COMPARATIVE INCOME STATEMENT FOR T~E 1 MONTH ENDED JULY 31, 1990 Operating Revenue: Charges for Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating EXP. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income (Loss) Add: Non-Operating Income Interest on Investments Total Non-Operating Income Net Income (Loss) 1990 571~414 571~414 283,932 276~648 560~580 10,834 42r651 (31,817) 11~577 11~577 20,240) 1989 $ 582r407 582~407 269,472 125~681 395~153 187,254 57~339 129,915 10~868 10~868 $ 140~783 13 INTERN~J~ SERVICE FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project MS - Furniture and Equipment CIS - Other Equipment MC - Other Equipment MVM - Other Equipment ULS - Vehicular Equipment ULS - Other Equipment Year to Date Expenditures $ 7,974 9,333 14,544 10,271 35,807 1~258 Total $79~187 14 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEH[NT OF ACCOUNTABILITY FOR THE NONTH ENDED JULY D1, 1990 TO THE DIRECTOR OF FINANCE: GENERAL STATEHENT OF AOCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF FOR THE FUNOS OF SAID CITY THE NONTH ENDED dULY 31, 1990. ROANOKE, VIRGINIA FUHO BALANCE AT RECEIPTS OISDURSENENTS BALANCE AT BALANCE AT JUNE 30, 1990 dULY BI, 1990 dULY 31, 1989 GENERAL KB,948,D91.R4 KIO,513,AD9.57 K15,144,688.75 $5,317,698.86 liE,754,491.08 WATER $8,167,130.79 K848,059.85 $891,918.78 $2,217,271.8& K2,157,194.02 SEWAGE $1,529,683.71 S834,871.63 K692,857.68 01,671,697.66 02,445,390.39 AIRPORT $0,D20,112.84 K854,666.BD $198,079.1S $2,981,700.17 CIVIC CENTER t611~O88.57 $27,572.70 $91,T20.13 $556,941.14 $74~,978.41 iNTERNAL SERVICE K1,670,61D.75 $567,610.82 $403,404.29 $I,884,D25.18 $1,547,§77.22 CAPITAL $12,563,415.89 K7,505,270.43 $690,20D.75 $19,438,480.57 $18,282,719.85 DEBT 5ERVICE $6,BBT,759.76 $4,222,177.18 $7,$27,800.55 FIFTH OIST CONSORTIUN ($100,748.940 KEOO,4D4.D5 $164,9&9.88 (S35,284.470 $176,877.83 GRANT PROGRAHS $B44,~31.24 K820,685.27 $988,26B.7& (K413,45E.~D) ($80D,327.780 WELFARE (K861,539.950 $868,888.05 $419,784.7! ($41~,4D6.610 (0865,D27.190 PAYROLL ($2,2D0,924.570 $6,232,46D.36 $7,684,089.56 ($3,684,505.770 102,805,36D.710 DETIRENENT Kll~,26D.~9 TOTAL S35,187,609.03 $81,600,184.59 KD4,204,43B.38 $82,583,D55.24 $87,874,097.24 CENTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATENENT OF NY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE NpNTN ENOING JULY 31, 1990 THAT SAID FOREGOING: CERTIFICATES CASH OF DEPOSITS UNITED STATES SECURITIES CASH IH HANO $416,620.69 CASH IN BANK $560,724.85 INUESTHENTS ACQUIDED FRON COHPETITIVE PROPOSALS: CHARTER FEDERAL SAVINGS DANK S~,000~000.00 COREAST SAVINGS BANK $3,000,000,0D CRESTAR JO,000,O00.O0 DOHINION DANK 1&,600,000.00 PERPETUAL SAVINGS BANK SlO,00D,OOD.O0 TOTAL5 $416,600.89 $566,724.85 t6,000,000.00 13,000,000.00 03,000,000.00 16,600,O00.O0 $13,000,000.00 TOTALS K980,255.E4 $25,000,000.00 $A,600,OOO.O0 $32,583,855.24 DATE: AUGUST 9, 1990 15 CITY OF ROANOKE PENSION PLAN STA~iENT OF REVENUE AND EXPENSES FOR THE 1 MOlql~ ENDED JULY 31, 1990 REVENUE 1990 1989 City's Contributions Investment Income Gain (Loss> on Sale of Investments Income from Bond Discount Amortization Total Revenue $ 45,117 (809,323) (1) 293,322 16~725 ${454~159) $ 70,233 (549,790) ( 7,760) 20~545 ${466,772) (2) EXPENSES Pension Payments Fees for Professional Services Expense from Bond Premium Amortization Administrative Expense Total Expenses Net (Loss) Year to Date 542,027 (3) 38,840) (1) 14,407 lr991 519r585 $(973,744> $ 384,021 17,285 277 401~583 $(868,355) (1) Reversal of accruals as of June 30, 1990. (2) Reversal of accruals as of June 30, 1989. (3) Includes one-time lump sum payment (3%) made July 2, 1990. 16 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF JULY 31, 1990 ASSETS Cash Investments: (market value - 1990 $113,179,763 and 1989 9105,861,623) Total Assets 1990 $( 112,386) (1) 104,104{491 $ 103~992~105 1989 259 94,940~460 $ 94{940~719 LIABILITIES AND FUNDBALANCE Due to Other Funds Total Liabilities 542,129 (1) $ 542~129 - Fund Balance, July 1 Net (Loss) Year to Date Fund Balance Total Liabilities and Fund Balance 104,423,720 $ 95,809,074 973~744) { 868~355) 103,449~976 $ 103,992~105 94,940~719 $ 94~940~719 (1) Balances reflect the consolidation of the Pension Plan accounting into the general ledger accounting system on July 1, 1990. 17 Office of the City Clerk August 27, 1990 File #9 Ms. Jacqueline L. Shuck Executive Director Roanoke Regional Airport 5202 Aviation Drive, N. Roanoke, Virginia 24012 Dear Ms. Shuck: I am enclosing copy of Resolution No. 30225-82790 approving spe- cific capital expenditures, in the amount of $1,030,000.00, in connection with land acquisition for Airport expansion and deve- lopment by the Roanoke Regional Airport Commission, upon certain terms and conditions. Resolution No. 30225-82790 was adopted by the Council of the City of Monday, August 27, 1990. Roanoke at a Sincerely, Mary F. Parker, City Clerk regular meeting CMC / AA E held on MFP:ra pc: Members, Roanoke Regional Airport Commission Mr. ~. Robert Herbert, City ~anager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Robert C. Poole, Airport ~anager Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of August, 1990. No. 30225-82790. VIRGINIA, A RESOLUTION approving specific capital expenditures for Airport expansion and development by the Roanoke Regional Airport Commission, upon certain terms and conditions. WHEREAS, Section 17.(b) of the contract between the City of Roanoke, Roanoke County and the Roanoke Regional Airport Commis- sion provides that the Commission shall prepare and submit for approval any proposed capital expenditure exceeding $100,000.00 to benefit five or more future accounting periods; and WHEREAS, by report dated August 20, 1990, a copy of which is on file in the Office of the City Clerk, the Roanoke Regional Airport Commission has submitted a request that the City approve certain capital expenditures by the Commission for Airport expan- sion and development in a total estimated amount of $1,030,000.00. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby approves the capital expenditure by the Roanoke Regional Airport Commission of approximately $1,030,000.00 in connection with land acquisition for Airport expansion and development, and the City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City, any additional documentation, in form approved by the City Attorney, necessary to evidence said approval, as more particularly set forth in the report to this Council on this sub- ject from the Roanoke Regional Airport Commission dated August 20, 1990, a copy of which is on file in the Office of the City Clerk. ATTEST: City Clerk. Airport Commission %V Robed Herbert, Chairman Bob L. Johnson, Vice Chairman Joel M, Schlanger Richard W. Robers Kit B. Kiser Jacqueline L. Shuck, Executive Director Robed C. Poole, Airport Manager August 20, 1990 5202 Aviation Drive Roanoke, Virginia 24012 (703) 362-1999 FAX (703) 563-4838 Honorable Mayor and Members Roanoke City Council Dear Members of Council: Subject: Roanoke Regional Airport AIP Grant #3-51-0045-10 (Purchase Land) As you are aware, Section 17(b) of the contract between the City of Roanoke, Roanoke County, and the Airport Commission re- quires any capital expenditure over $100,000 be approved by the Council of the City of Roanoke and the Board of Supervisors of Roanoke County. I expect that Resolution No. 90-015 will be adopted by the Roanoke Regional Airport Commission at its meeting on August 24, 1990, and will authorize the filing and execution of certain documents on behalf of the Commission for Airport Improvement Grant #3-51-0045-10 with the Federal Aviation Administration, all as more particularly set forth in the attached report. This letter is to respectfully request that Roanoke City Council adopt a resolution approving the capital expenditure by the Roanoke Regional Airport Commission of $1,030,000 necessary to acquire approximately 8.125 acres of land for Airport expansion and development. The federal government is expected to reimburse the Commission for 90% of the cost of the acquisition; and the State is expected to reimburse the Commission for 5% of said cost. In order to accept the grant funds this federal fiscal year, the resolution must be adopted prior to September 30, 1990. Thank you very much for your assistance. JLS:csp Respectfully submitted, Executive Director Attachment cc: Commission Members Legal Counsel August 24, 1990 Honorable Chairman and Members Roanoke Regional Airport Commission Dear Members of the Commission: Subject: Authori~e'FAAGrant %3-51-0045-10 (Purchase Land for Airport Development) I. RECOMMENDATION Authorize the Executive Director to acceDt and execute a ~reement with the United States of Amaerica, Grant #3-51-0045-10, in the approximate amount of $927,000 for the purchase of approximately 8.125 acres of land for airport expansion and development, and authorize the Executive Direc- tor to submit the project to the City and County of Roanoke for appropriate approval as a capital expenditure. ApDroDriate federal qrant funds of $927,000 and local match- inq funds of up to $103,000.00 from retained earnings to an account to be established by the Commission Treasurer. II. BACKGROUND With a 25.7% increase in air freight in calendar year 1989, and a 39.~% increase over 1989 for this year to date, air carqo is the fastest ~rowin~ seqment of avia- tion at Roanoke Regional Airport. To date, there has been no space available "on airport" to offer cargo operators or developers interested in developing air cargo facilities. There are at least 8.125 acres of vacant land immediately contiguous to the Roanoke Regional Airport Commission,s property line which could be purchased and developed for air cargo and other aviation related purposes. Development of these vacant parcels would help separate air car o fg_~ the area used by general aviation. A pre-application and an application for Federal funds in the amount of $927,000.00, were submitted to the FAA on January 29, 1990 and August 7, 1990, respectively; in addition, an application has been submitted for a State Aviation r~ in the amount of $51,500.00, which would fund one-half of the 10% in matching funds required to accept the federal grant. Page Two F. The Roanoke Regional Airport Commission,s tota____~l AIR entitlement funds for FY '90 were $1,295,544, with $198,214 committed earlier for the terminal project and $170,330 being~arried over for a future period. G. Preliminar.v'Co~ressional approval has already been ~iven for the award of the federal grant to the Roanoke Regional Airport Commission. Notice of the capital project will be sent to the proper officials for the City and County of R~anok~ for their approval after the Roanoke Regional Airport Commission adopts the proposed Resolution and prior to execution of the grant agreement. JLS:csp III. ISSUES If the Grant is executed prior to September 30, 1990, tho funds will be immediately availabl~ for moving forward with the purchase; otherwise, the grant allocation will be delayed until the FY 1991 Congressional appropriation. If the qrant is not accepted, there will not be suffi- cient funding available to purchasn the vacant parcels, which may or may not remain vacant; and there will be no readily identifiable spac~ available for development o-~ air cargo facilities. Purchase of the land is the necessary first step toward development of cargo facilities. Acceptance of the grant will require Commission to commit as little as $51,500.00 or as much as $103,000.00 of its own funds, depending on the amount of any State grant. Acceptance of the grant involves the Commission's aqree- ment to a number of federally mandated terms and assura____nce~. Actu~ of the real estate will require additional action by Roanoke Regional Airport Commission. Respectfully subm~t~d, Jacqueline L. Shuck Executive Director Office of the City Clerk August 27, 1990 File #70 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear ~r. Herbert: I am attaching copy of Orainance No. 30228-82790 authorizing the extension of a lease agreement bet'ween the City and G~orge R. Preas of a parcel of land and building located at 3768 Aerial Way Drive, S. W., known as Roanoke City Fire Station No. 4, upon cer- tain terms and conditions. Ordinance No. 30228-82790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 27, 1990. Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. George R. Preas, 5304 Hunting Hills Drive, S. ~., Roanoke, Virginia 24014 ~r. Joel ~o Schlanger, Director of Finance ~s. Deborah J. ~oses, Chief of Billings and Collections Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Rawleigh ~. Quarles, Fire Chief 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, 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 The 27th day of August, 1990. No. 30228-82790. ROANOKE, VIRGINIA, AN ORDINANCE authorizing the extension of a lease agreement between the City and George R. Preas, of a parcel of land and building situate located at 3768 Aerial Way Drive, S.W., known as Roanoke City Fire Station No. 4, upon certain terms and condi- tions; authorizing the proper City officials to execute the requisite agreement for such extension; and providing for an emergency. BE 1. execute IT ORDAINED by the Council of the City of Roanoke that The City Manager and City Clerk are hereby authorized and attest, respectively, on behalf of the City, an to agreement in form approved by the City Attorney extending the lease agreement dated November 1, 1987, between the City and George R. Preas, providing for the City's use of a parcel of land and building situate located at 3768 Aerial Way Drive, S.W., known as Roanoke City Fire Station No. 4, said lease to be extended for an additional period until June 30, 1996 and to contain those terms and conditions more fully set forth in the Extension Agreement attached to the City Manager's report to this Council dated August 27, 1990. 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. Office of the City Clerk August 27, 1990 File #70 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30227-82790 accepting the bid of BK~ Contractors Corporation, in the total amount of $25,975.00 and 30 consecutive calendar days, for alterations and additions to Fire Station No. 4 at 3768 Aerial 14~y Drive, S. dpon certain terms and conditions. Ordinance No. 30227-82790 was aaopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 27, 1990. Sincerely, ~a_~.~,~ Mary F. Parker, CMC/AAE City Clerk ~FP:ra Enc. pc: Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Rawleigh W. Quarles, Fire Chief ~r. William F. Clark, Director of Public Works Mr. Charles ~. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Barry L. Key, ~anager, Office of Management and Budget and Room 456 Municipal Building 215 Church Avenuo, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk August 27, 1990 Fi le #70 Mr. Eaward J. Kane Vice-President BKM Contractors Corporation P. O. Box 20275 Roanoke, Virginia 24018 Dear Mr. Kane: I am enclosing copy of Orainance No. 30227-82790 accepting the bid of BKM Contractors Corporation, in the total amount of $25,975.00 and 30 consecutive calendar days, for alterations and additions to Fire Station No. 4 at 3768 Aerial 14;ay Drive, S. 'W., upon certain terms and conditions. Ordinance No. 30227-82790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 27, 1990. Sincerely, ~])~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 901-2541 Office of the City Clerk August 27, 1990 File #70 Mr. J. W. Christenbury, Jr. President Acorn Construction, Ltd. P. C. Box 625 Troutville, Virginia 24175 Dear Mr. Christenbury: I am enclosing copy of Ordinance No. 30227-82790 accepting the bid of BKM Contractors Corporation, in the total amount of $25,975.0~ and 30 consecutive calendar days, for alterations and additions to Fire Station No. 4 at 3768 Aerial H~ay Drive, S. ~., upon certain terms and conditions. Ordinance No. 30227-82790 was adopted by the Council of the CiLy of Roanoke at a regular meeting held on Monday, August 27, 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, C~,C/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 August 27, 1990 File #70 Mr. Martin J. Pruitt Vice-President Building Specialists, Inc. P. 0. Box 1174 Roanoke, Virginia 24006 Dear Mr. Pruitt: I am enclosing copy of Orainance No. 30227-82790 accepting the bid of UKM Contractors Corporation, in the total amount of $25,975.00 and 30 consecutive calendar days, for alterations and additions to Fire Station No. 4 at 3768 Aerial Way Drive, S. W., upon certain terms and conditions. Ordinance No. 30227-82790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 27, 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 Eric. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk August 27, 1990 File #70 Mr. Daniel R. Varney Vice-President Varney Electric Company, Inc. P. 0. Box 3187 Roanoke, Virginia 24015 Dear Mr. Varney: I am enclosing copy of Ordinance No. 30227-82790 accepting the bid of BKM Contractors Corporation, in the total amount of $25,975.60 and 30 consecutive calendar days, for alterations and additions to Fire Station No. 4 at 3768 Aerial ~ay Drive, S. ~., upon certain terms and conditions. Ordinance No. 30227-82790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 27, 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 Office of the City Clerk August 27, 1990 File #70 Mr. L. D. Johnson, Jr. President Construction Services of Roanoke, 3812 Bunker Hill Drive, S. ~. Roanoke, Virginia 24018 [nc. Dear Mr. Johnson: I am enclosing copy of Ordinance No. 30227-82796 accepting the bid of BKM Contractors Corporation, in the total amount of $25,975.00 and 30 consecutive calendar days, for alterations and additions to Fire Station No. 4 at 3768 Aerial ~ay Drive, S. W., upon certain terms and conditions. Ordinance No. 30227-82790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 27, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for suDmitting your Did on the above- described project. Sincerely, ~l~-~ Mary F. Parker, CMC/AAE City Clerk ,~4FP: ra Enc . Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOEE, VIRGINIA, The 27th day of August, 1990. No. 30227-82790. AN ORDINANCE accepting the bid of BKM Contractors Corporation for alterations and additions to Fire Station No. 4 at 3768 Aerial Way Drive, 8.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 BKM Contractors Corporation in the total amount of $25,975.00 and thirty (30) consecutive calendar days, for alterations and additions to Fire Station No. 4 at 3768 Aerial Way Drive, S.W., as more particularly set forth in the August 27, 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 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, for out of funds heretofore or Council. and the cost of said work to be paid simultaneously appropriated by 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk August 27, 1990 File #60-70 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30226-82790 amending and reardaining certain sections of the 1990-91 General Fund Appropriations, providing for the transfer of $3,732.00 from Contingency, Capital Equipment Replacement, to Maintenance Third Party Contract, Building Maintenance, in connection with award of a contract to BKM Contractors Corporation for alterations and additions to Fire Station No. 4 at 3768 Aerial Way Drive, S. W., in the total amount of $25,975.00., Ordinance No. 30226-82790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 27, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc, pc: Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Rawleigh W. Quarles, Fire Chief 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, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN TH~ COUNCIL O~ ~ CI~ OF l~O~J~OH, VIRG~NI~ The 27th day of August, 1990. No. 30226-82790. O~IN~CE ~o ~end and reordain certain sections Fund Appropriations, and providing for the 1990-91 General emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. of THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to rea~ as follows, in part: - ApPropriations Public Works Building Maintenance (1) .......................... Non-Departmental Contingency - General Fund (2) .................... $19,135,068 3,106,473 12,197,847 886,627 1) Maintenance Thir~ Party Contract 2) Capital Equipment Replacement (001-002-9410-2202) $ 3,732 (3,732) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST this City Clerk. Roanoke, Virginia August 27, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Alterations and Additions Fire Station No. 4 37§8 Aerial Way Drive, S.W. Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. Also, this is to request authority to execute the attached extension to the lease agreement to secure the City's utilization of this property through June 30, 1996. Respectfully submitted, W. Robert Herbert City Manager WRH/hw CC: City Attorney Director of Finance Citizens' Request for Services City Engineer Construction Cost Technician Fire Chief Roanoke, Virginia August 27, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Alterations and Additions Fire Station No. 4 3768 Aerial Way Drive, S.W. Roanoke, Virginia I. Background: City Council, at its July 23, 1990 meeting, publicly opened and read aloud the bids received for Alterations and Additions to Fire Station No. 4 at 3768 Aerial Way Drive, S.W., Roanoke, Virginia. Five (5) bids were received with BKM Contractors Corp., of Roanoke, Virginia submitting the lowest responsible bid in the amount of $25~975.00 and 3(3 consecutive calendar days. Work consists of the addition to firemen's bed space, the Chief's bedroom and lavatory, space for a washer and dryer, exercise room and a day room. The areas are to be heated and cooled and a smoke detection system is added to the building. This is one of the two fire stations that is leased by the City. It is anticipated that this fire station will be leased for at least five more years. A new study will be made when Peters Creek Road is extended as to a new station which will probably be a combination of #4 and #12. In the meantime, it would be desirable to give these firemen a more habitable place to work and live. II. Issues in order of importance are: A. Compliance of the bidders with the requirements of the Contract Documents. B. Amount of the low bid. Page 2 III. C. Fundin9 for the project. D. Time of completion. Alternatives are: A. Award a lump sum contract to BKM Contractors Corp., of ~e, Virginia, in the amount of $25,975.00 and 30 consecutive calendar days. -- 1. Compliance of the bidders with requirements of the Contract Documents was met. 2. Amount of the low bid is acceptable. 3. Fundin9 is as follows: a. Required Fundin9 Bid Amount $25,975.00 Project Contingency 1~425.00 Available Funding In Building Maintenance Outside Contractors From Fixed Asset Maintenance Contingency $27,500.00 $23,768.00 3,732.00 $27,500.00 4. Time of completion is acceptable. Reject all bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the Contract Documents would not be an issue. 2. Amount of the low bid would probably change if re-bid at a later date. 3. Fundin9 would not be encumbered at this time. 4. Time of completion would be extended. The firemen would continue living in a less than desirable facility. Page 3 IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative "A". Authorize the City Manager to enter into a contractual agreement, in a form acceptable to the City Attorney, with BKM Contractors Corp., for Alterations and Additions to Fire Station No. 4 according to the Contract Documents as prepared by the City Engineer in the amount of $25~975.00 and 30 con- secutive calendar days. Lessor has agreed to extend ~-fi-e City's current lease for Fire Station No. 4 to June 30, 1996. C. Funding should be as follows: From Account #001-052-4330-3056 From Account # $23,768.00 3~732.00 $27,500.00 D. Reject the other bids received. Respectfully submitted, William White, Sr., Chairman William F. Clark WW/LBC/mm Attachment: Tabulation of Bids cc: City Attorney Director of Finance Citizens' Request for Services City Engineer Construction Cost Technician Fire Chief TABULATION OF BIOS ALTERATIONS & ADDITIONS FIRE STATION NO. 4 3?68 AERIAL WAY DRIVE, S.W. ROANOKE, VIRGINIA Bids opened before Roanoke City Council on July 23, 1990 at 2:00 p.m. BIDDER BASE BID NO. DAYS BID BOND BKM Contractors Corporation $25,975.00 30 YES* Construction Services of Roanoke, Incorporated $26,840.00 90 YES Dominion Design & Construction Co. $28,800.00 60 YES Acorn Construction, Ltd. $29,800.00 90 YES Building Specialists, Inc. $37,900.00 100 YES * Cashier's Check Engineer's Estimate: $29,000.00 William White, S6., /Chairman William F. Clark C. Snead, Jr. Office of City Engineer Roanoke, Virginia August 27, 1990 ~XT~NS ION AGRX~4~T This extension agreement is entered into this ~ day of August, 1990, by and between G~ORGE R. 1~, hereafter referred to as Lessor, and CITY OF ~OA~O~, hereafter referred to as Lessee. WHEREAS, Lessor and Lessee have previously entered into a lease agreement dated November 1, 1987, for the parcel of land and building situate on Aerial Way Drive, S.W., and known as 3768 Aerial Way Drive, a copy of which is attached hereto and incorporated by reference herein ("Lease"); and WHEREAS, the Lessor and Lessee desire to extend said Lease upon certain terms and conditions; THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Lessor and Lessee agree to the following: (1) The lease shall be extended for an additional period until June 30, 1996, with Lessee, and not Lessor, retaining the right to terminate at any time upon thirty (30) days written notice. Any extension beyond June 30, 1996, shall be upon mutually agreeable terms and conditions. (2) The rental rate during the extension period shall be at the existing rate of One Thousand Three Hundred and Twenty Dollars ($1,320.00) per month, except that the parties agree that in the event Lessor's real estate taxes on the leased parcel are increased, the annual rental rate shall be increased in an amount equal to such additional amount of annual tax payment. (3) Lessor agrees and consents to the construction of improvements by Lessee on the leased premises in the amount of Twenty-five Thousand Nine Hundred and Seventy-five Dollars ($25,975.00) as set forth in the report to Roanoke City Council dated August 27, 1990. (4) The parties hereto acknowledge and agree that the correct address for the premises under lease is 3768 Aerial Way Drive. (5) Except as set forth or amended herein, the remaining terms and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties have affixed the following signatures: LESSEE: CITY OF ROANOKE ATTEST: City Manager City Clerk LESSOR: day of The foregoing instrument was acknowledged before me this My oommission e×pires: _~ ~ ~ /? ~ ! STATE OF OF day of The foregoing instrument was acknowledged before me this , 1990, by My commission expires: Notary Public Roanoke, Virginia August 27, 1990 Honorable Noel C. Taylor, Mayor and Members of Council Roanoke, Virginia Dear Mayor and Members of Council: Please reserve space on Council's agenda Monday, August 27, 1990, for a Bid Committee report, Alterations and Additions, Fire Station No. 4, 3773 Aerial Way Drive, S.W., Roanoke, Virginia. Respectfully submitted, W. Robert Herbert City Manager WRH:hw Office of the City Clerk July 25, 1990 File #70 Mr. William ~hite, Sr., Chairman ) Mr. William F. Clare ) Committee Mr. George C. Snead ) Gentlemen: The following bids for alterations and additions to Fire Station No. 4, 3773, Aerial Way Drive, S. W., were opened and read before the Council of the City of Roanoke at a regular meeting held on Monaay, July 23, 1990: BIDDER BASE BID TOTAL BKM Contractors Corporation Construction Services of Roanoke, Varney Electric Company, Inc. Acorn Construction, Ltd. Building Specialists, Inc. Inc. $25,975.00 26,840.00 28,800.00 29,800.00 37,900.00 On motions, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Nary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. Wilburn C. Dialing, Jr., City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (?03) 981-2541 Office of the City Clerk August 27, 1990 File #514 Mr. Roy V. Creasy Attorney P. O. Box 2420 Roanoke, Virginia 24010-2420 Dear Mr. Creasy: I am enclosing copy of Ordinance No. 30177-82790 permanently vacating, discontinuing and closing an alley which lies between Spruce Street and Kindred Street, S. E., paralleling Brownlee Avenue and Carlisle Avenue. Ordinance No. 30177-82790 was adopted by the Council of the City of Roanoke on first reading on Monday, August 13, 1990, also adopted by the Council on second reading on Monday, August 27, 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. Mr. Sidney A. Maypin, 6743 Corntassel Lane, S. Wo, Roanoke, Virginia 24018 Mr. & Mrs. Clyde M. Welch, Sr., 1531Brownlee Avenue, S. E., Roanoke, Virginia 24014 Mr. ~. 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 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 MT. Roy V. Creasy Page 2 August 29, 1990 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 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 August 27, 1990 File #514 The Honorable Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching copy of Ordinance No. 30177-82790, for proper recordation in your office, which provides for the permanent vacating, discontinuing and closing of an alley which lies bet- ween Spruce Street and Kindred Street, S. E., paralleling Brownlee Avenue and Carlisle Avenue. Ordinance No. 30177-82790 was adopted by the Council of the City of Roanoke on first reading on Monday, August 13, 1990, also adopted by the Council on second reading on Monday, August 27, 1990, and will take effect ten days following the date of its second reading. Sincerely, ~.~._ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eno. pc: Mr. Roy Virginia V. Creasy, Attorney, P. O. Box 2420, 24010-2420 RoQnoke, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, ¥IRGINIA, The 27th day of August, 1990. No. 30177-82790. AN ORDINANCE permanently, vacating, discontinuing and closing cer- tain public right-of-way in the C1t¥ of Roanoke, Virginia, as is more particularly described hereinafter. WREREA$, Cardinal Rubber & Seal, Inc. has f~led 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 Co~lssion, which after giving proper notice to all concerned as required by ~30-14, Code of the City of Roanoke (1979), as a~ended, and after having conducted a public hearing on the ~atter, has ~ade its reco~endation to Council. WHEREA~, a ~ublic hearing was held on said application by the City Council on August 13, 1990, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as a~ended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEHEAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-~ay have been properly notified; and WHEREAS, fro~ 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 r~ght~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) An alley lying between Spruce Street, S. E., and Kindred Street, S. E., paralleling Brownlee Avenue, S. E., and Carlisle Avenue, S. E., and shown on a sub- division plat prepared by Jack G. Bess, Certified Land Surveyor, dated April 30, 1990. 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 closure of the above-described right-of-way is conditioned upon the the applicant's providing to the City a final subdivision plat for review, approval and recordation, dedicating therein an area sufficient to provide for an alternative alleyway acceptable to the City; the appli- cant's providing a bond or performance guarantee to the City in an amount deemed sufficient by the City Engineer to install and/or relocate the alternative alleyway, sewer line changes, and a new sewer lateral to serve the community center in Golden Park, and other required improvements or costs attendant to the proposed subdivision, including manholes, line plugs, etc.; 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 necessary. 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 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, Vir- ginia, 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 Cardinal Rubber & Seal, Inc., and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. Roanoke City Planning Commission August 13, 1990 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from Cardinal Rubber and Seal, Inc., Loren D. Bruffey and Glenda H. Bruffey, represented by Roy Creasy, attorney, to close and vacate a portion of a certain alley situated between Spruce Street and Kindred Street, S.E. I. Background: Alley portion requested for closure is located in the Riverdale community in the southeast section of the City. Alley system, of which subject portion is a part, extends from Kindred Street to Spruce Street, S.E., for a distance of approximately 600 feet. Alley right-of-way is 15' in width. Subject alley is paved with gravel base and from the current surface condition it appears to sustain moderate to heavy use. II. Current Situation: Application to close and vacate the subject alley portion was received on June 7, 1990. Applicant desires to use the land within the alley section (if vacated) for construction of an addition to his existing business operation. Subdivision plat has been submitted to the City by the applicant. Plat provides for the dedication of an area sufficient to provide an alternative alley that would intersect with Carlisle Avenue, S.E. Properties adjacent to alley portion requested for closure and the area proposed as an alternative alley is zoned LM, Light Manufacturing. Room 355 Municipal Building 215 Church Avenue~ S.W. Roanoke, Virginia 24011 (703) 981~2344 III. E. Planning Commission reviewed the subject application at its regular meeting of July 18, 1990. Issues: Neighborhood impact: Closure should have little, if any, impact on the adjacent community. Traffic impact: Closure would have minimal impact on traffic or traffic needs in the area. Traffic exiting from the easterly end of the alley would enter Carlisle Avenue, S.E., which is currently a dead-end street. Ail other abutting property owners would still have unrestricted access to the rear of their properties. C. Utilities within the public right-of-way: City has an existing sewer line in the portion of the alley requested for closure. Sewer line crosses Spruce Street and serves the community center facilities located in Golden Park. Applicant agrees to relocate the existing sewer line and further agrees to provide a new sewer lateral alignment from Carlisle Avenue serving the community center. Creation of a dead-end alley: Closure of requested portion of alley would not result in a dead-end alley if an alternative alley is dedicated and constructed by the applicant. Relationship to the comprehensive plan: Request is consistent with the intent of the comprehensive plan that available land be utilized in the most appropriate manner: Closure will enable the applicant to expand his business operation. Relocation of the alley will not adversely affect any other property owner. IV. Recommendation: Planning Commission recommends to City Council that the applicants' request to close and vacate the subject alley portion be approved subject to the following conditions: aJ Ce That the applicants agree to record the aforementioned subdivision plat, as approved by the City, dedicating thereon an area sufficient in size to provide for an acceptable alternative alleyway. That the applicants agree to provide to the City a bond or other acceptable performance guarantee in an amount determined by the City Engineer to be sufficient to install and/or relocate the alternative alleyway, sewer line changes, and a new sewer lateral to serve the community center in Golden Park. This would include all or any related costs that might be incurred, such as additional manholes, line plugs, etc. That the applicants agree that if the subject subdivision plat and performance guarantee are not recorded and provided as stated above within a period of twelve (12) months from the date of the ordinance providing for the closure, then said ordinance shall become null and void without any further action by City Council being necessary. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:HPD:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner June 11, 1990 File #$14 Mr. Michael M. Wa/dvogel Chairman City Planning Convnission Roanoke, Virginia Dear Mr. Wa ldvogel: Pursuant to §30-14, Procedure ]'or 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. Roy V. Cressy, Attorney, representing Cardinal Rubber and Seal. Inc., Ms. Loren D. Bruffey and Ma. G/ende ~. Bruffey, requesting that an el/ay ~hich ilea between Spruce Street and Kindred Street, S. E., p~rallelin~ Browniee Avenue ~nd Carlisle Avenue, S. E., be permanently vacated, discontinued and closed. Sincerely. ~~ Ma~y F. Pa~ke~, ~/~E City Clerk MFP:ra ST. CLOSE01 Eric. pc: Mr. Roy V. Cressy. Attorney, p. O. Bo~ 2420, Virginia 24010-2420 ~f~. John R. Marl/es, Agent/Secretary, City Planning Con~nission Mr. Ronald H. Miller, Zoning Administrator Mr. Ed~rd R. Tucker, City Planner Mr. Steven J. Taievi, Assistant City Attorney Roanoke, Room 456 Muni¢il~al Bulk:ling 215 Churc~ Avenue S.W Roanoke, VIrginio 240~11 (703) 981-2541 VV~LSON. V~EL & CREASY IN THE COUNCIL OF THE CITY OF RO~N~ OKE, IN RE,* Application of CARDINAL RUBBER & SEAL, LOREN D. BRUFFEY and GLENDA H. BRUFFEY for vacation and relocation of alley between Spruce Street and Kindred Street, S.E. MEMBERS OF COUNCIL: VIRGINIA ) INC.) APPLICATION FOR VACATING, ) DISCONTINUING AND CLOSING ) OF ALLEY ) ) ) ) Cardinal Rubber & Seal, Inc. and LOren D. Bruffey and Glenda H. Bruffey, by Counsel, apply to have the alley located betweer Spruce Street, S.E. and Kindred Street, S.E., 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, and subsequently relocated as shown below. This alley is more particularly described on the plat attached and as follows: The alley lies between Spruce Street, S.E. and Kindred Street, S.E., paralleling Brownlee Avenue, S.E. and Carlisle Avenue and' will be'closed and relocated as shown on Plat made for Cardinal Rubber & Seal, Inc., by Jack G. Bess dated April 30, 1990. Cardinal Rubber & Seal, Inc., Loren D. Bruffey and Glenda H. Bruffey, states that the grounds for this application are as follows: 1. The applicants desire to uss the property to be vacated for construction of an addition to the current building owned by Cardinal Rubber & Seal, Inc. WHEREFORE, Cardinal R~bber & Seal, Inc., Loren D. Bruffey and Glenda H. Bruffey respectfully request that the above described alley, be vacated and relocated 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. ct ful~ submitted, P. O. Box 2420 Roanoke, VA 24010-2420 (703) 982-1220 Counsel for Petitioners Date WfLSON, VO~EL & CREA~y LIST OF PROPERTY OWNERS AFFECTED BY PROPOSED VACATION ANU RELOCATION OF aT.r.~y BETWEEN SPRUCE STREET. S.E. AND KINDRED STREET. S.E, -Sidney A. Maupin 6743 Corntassel Lane Roanoke, VA 24018 Loren D. Bruffey and Glenda H. Route 2, Box 570 Fincastle, VA 24090 Bruffey Clyde M. Welch, Sr. and Annie B. Welch 1531 Brownlee Avenue, S.E. Roanoke, VA 24014 Cardinal Rubber & Seal, 1545 Brownlee Ave., S.E. Roanoke, VA 24014 I nc. ,/ i / ! ,/ / ?- / Office of the City Clerk July 25, 1990 File #514 Mr. Roy V. Creasy Attorney P. O. Box 2420 Roanoke, Virginia 24010-2420 Dear Mr. Creasy: 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 clients, Cardinal Rubber and Seal, Inc., ~s. Loren D. Bruffey and Ms. Glenda H. Bruffey, that an alley which lies between Spruce Street and Kindred Street, S. E., paralleling Brownlee Avenue and Carlisle Avenue, S. E., and shown on a sub- division plat prepared by Jack G. Bess, Certified Land Surveyor, dated April 30, 1990, 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 Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, August 13, 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 98]-2344. ~ary F. Parker, C~C/AAE City Clerk MFP:ra PUBLIC61 Eric o Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Mr. Roy V. Creasy July 25, 1990 Page 2 pc: Mr. Sidney A. Maypin, 6?43 Corntassel Lane, S. W., Roanoke, Virginia 24018 Mr. & Mrs. Clyde M. Welch, Sr., 1531Brownlee Avenue, S. E., Roanoke, Virginia 24014 Mr. ~. 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. 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 Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation ~ NUMBER PUBLISHER'S EO~N~K_ TI~E$ G ?2503852 FEE - $86.~0 ROY V CREASY ATTY 714 FIRST FED BLDG ROANOKE VA 24011 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATIONv WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS9 A DAILY NEWSPAPER PUBLISHED IN ROANOKEv IN THE STATE OF VIRGINIA~ DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 07/27/90 MORNING 08/03/90 MORNING WITNESS9 ,~DTH DAY OF AUGUST 1990 .... ± .... AUTHORIZED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT NAY CONCERN: The Council of the City of Roanoke will hold a Public Bearing on Monday, August 13, 1990, at 7:30 p.m. or as Soon thereafter as the matter may be heard, in the Council Chamber in the Nunicipal Building, 215 Church Avenue, S. W., on an application to per- manently abandon, vacate, discontinue and close the following public right-of-way: An alley lying between Spruce Street, S. E., and Kindred Street, S.E., paralleling Brownlee Avenue, S. E., and Carlisle Avenue, S. E., and shown on a subdi- vision plat prepared by Jack G. Bess, Certified Land Surveyor, dated April SO, 1990. 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 27th day of July 19 90 Nary F. Parker, City Clerk. Please publish in full twice, once on Friday, July 27, 1990, and once on Friday, August 3, 1990, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Mr. Roy V. Creasy, Attorney P. O. Box 2420 Roanoke, Virginia 24010-2420 June 11, 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. Roy V. Creasy, Attorney, representing Cardinal Rubber and Seal, Inc., Ms. Loren D. Bruffey and Ms. Glenda lt. Bruffey, requesting that an alley which lies between Spruce Street and Kindred Street, S. E., paralleling Brownlee Avenue and Carlisle Avenue, S. E., be permanently vacated, discontinued and closed. Sincerely, ~~ .~Iary F. Parker, CMC/AAE City Clerk MFP:ra ST. CLOSE61 Eno · pc: Mr. Roy V. Creasy, Attorney, P. O. Box 2420, Roanoke, Virginia 24010-2420 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Talevi, Assistant City Attorney Room 4.56 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24.011 (703) 981-2541 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE ALLEY CLOSURE REQUEST OF: Request from Cardinal Rubber and Seal, Inc., Loren ) D. Bruffey and Glenda H. Bruffey, represented by Roy ) V. Creasy, attorney, that an alley lying between ) Spruce Street, S.E., and Kindred Street, S.E., paral-)AFFIDAVIT leling Brownlee Avenue, S.E., and Carlisle Avenue 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 9th of July, 1990, notices of a public hearing to be held on the 18th day of July, 1990, on the alley closure captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER~ AGENT OR OCCUPANT Sidney A. Maypin 4340309 Clyde M. Welch, Sr. Annie B. Welch ADDRESS 6743 Corntassel Lane Roanoke, VA 24018 1531 Brownlee Avenue Roanoke, A 24014 M~rtha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, Roanoke, Virginia, this My Commission Expires: in the City of 9th day of July, 1990. Notary Public Office of the City Clerk August 27, 1990 File #51 Mr. & Mrs. Gus E. Tomaras 5398 Vistamont Drive, N. E. Roanoke, Virginia 24019 Dear Mr. & Mrs. Tomaras: I am enclosing copy of Ordinance No. 30178-82790 rezoning a tract of land containing 0.227 acre, more or less, located on'Oaklawn Avenue, N. W., described as Lots 11 and 12, Official Tax Nos. 2170210 and 2170211, from RS-3, Residential Single Family District, to ~M-1, Residential Multi-Family, Low Density District, subject to certain conditions proffered by the peti- tioners. Ordinance No. 30178-82790 ~s adopted by the Council of the City of Roanoke on first reading on Monday, August 13, 1990, also adopted by the Council on second reading on Monday, August 27, 1990, and will take effect ten days following the date of its second reading. Sincerely, ~'~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric o pC: Ms. Mildred L. Yopp, 3024 Oakla~n Avenue, N. W., Roanoke, Virginia 24012 Mr. Barry R. Chitwood, c/o Mr. Robert L. Chitwood, 141 Frontier Road, N. E., Roanoke, Virginia 24012 Mr. Bill N. Woody and Mr. Michael L. Woody, Route Box 117-D, Moun~ Sidney, Virginia 24467 Mr. & Mrs. George D. George, 1~ Walnut Avenue, S. Roanoke, Virginia 24016 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Mr. & Mrs. Gus E. Page 2 August 29, 1990 Toma r a s Aunt Emma's Pancake House, c/o Mr. Tommy Tucker, P. O. Box 792, Harrisonburg, Virginia 22801 Mr. D. Bernard Ruther, 3023 Oaklawn Avenue, N. W., Roanoke, Virginia 24012 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Corr~ission, 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 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 IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of August, 1990. No. 30178-82790. VIRGINIA, AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 217, 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 RS-3, Residential Single Family District, to RM-1, Residential Multi-Family, Low 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 S36.1-693, 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 August 13, 1990, after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEHEAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 217 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 0.227 acre, more or less, being Lots 11 and 12, situated on Oaklawn Avenue, N. W., designated on Sheet No. 217 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2170210 and 2170211 be, and is hereby rezoned from RS-3, Residential Single Family District, to RM-1, Residential Multi-Family, Low Density District, subject to those con- ditions proffered by and set forth in the First Amended Petition to Rezone filed in the Office of the City~ Clerk on July 24, 1990, and that Sheet No. 217 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke Cily Planning Commission August 13, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Sub3ect: Request from Gus E. and Pauline G. Tomaras that a vacant tract of land located on Oaklawn Avenue, N.W., official tax no. 2170210 and 2170211, be rezoned from RS-3, Residential Single Family District to RM-1, Residential Multifamily Low Density District. I. Background: Purpose of the rezoning request is to permit the construction of duplexes on an existing vacant lots. Petition to rezone was filed on June 26, 1990. No conditions were offered. Amended petition was filed on July 24, 1990. Conditions proffered by the petitioner are as follows: The exterior appearance of the proposed duplex fronting Oaklawn Avenue, N.W., shall be constructed to appear single family in character. The proposed duplex fronting Oaklawn Avenue, N.W., shall be constructed of bricks in substantial compliance with the concept plan (photograph). e If no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the rezoning shall revert to RS-3 without further action by City Council. Room 355 Municipal Building 215 Churd~ Avenue, SW~ P,z)~nol.~e, Virginia 24011 (703) 981-2344 II. Planning Commission public hearing was held on Wednesday, July 18, 1990. Mr. Tomaras appeared before the Commission and presented his petition without conditions. Mr. Bradshaw asked the petitioner if he understood the need for conditions to control development and compatibility of uses, and if he understood why staff had initially recommended denial. Mr. Tomaras responded that he did not fully understand the need for conditions when he prepared the petition, but would be willing to proffer conditions. Staff conferred with the petitioner and the above-cited conditions were agreed upon and offered at the public hearing by Mr. Tomaras with the understanding that an official amended petition would be submitted. Following the proffering of conditions, staff recommended approval of the request. Issues: ae Zoning is currently RS-3. Property to the north is zoned C-2 with a portion of the northeasterly property being zoned RS-3. To the east, property is zoned RS-3. Property to the south is zoned RS-3 with a small portion to the southwest being C-2. Property to the immediate west is zoned RS-3, with C-2 fronting on Williamson Road one lot further west. Land use is currently vacant, undeveloped residential. Property to the north is used for parking for an existing fast food restaurant. The northeasterly property is single family residential use. Single family residential use exists to the east as well. To the south, parking also occurs for the adjoining restaurant. To the immediate west exists a single family residential use. Utilities are available and adequate. Utility Line Services show no record of problems in this block within the past 12 months. As mentioned in previous reports to the Commission, this area is subject to sewer line surcharges during periods of prolonged rain, but several conditions contribute to that situation. Some conditions affecting surcharge include: grade of pipe, sump pumps contributing to flow and ground water infiltration. The system has been televised and smoke tested and has been found adequate. D. Access would be provided by two driveways. E. Screening is not required. Neighborhood organization is the Williamson Road Action Forum. They have been notified, in writing, by the Planning Office. No objection has been received by this office as of the date of the writing of this report. G. Comprehensive plan recommends that: Neighborhood character and environmental quality be protected. A variety of housing choices in existing neighborhoods be encouraged through a balance of preservation, rehabilitation, and new development. III. Alternatives: A. City Council approve the rezoning request. 1. Zoning becomes RM-1, conditional 2. Land use becomes two-family residential. Utilities can be provided and adequate capacity exists. 4e Access is not a problem and would be provided by the standard driveways, approximately 12' in width. Be Neighborhood realizes a potential benefit from the development of a vacant lot. 6. Comprehensive plan would be followed. City Council recommend denial of the rezoning request. 1. Zoning remains RS-3. Land use remains vacant or could be developed as a single family residential home. 3. Utilities are unaffected. 4. Access remains unchanged. 5. Neighborhood remains unchanged. 6. Comprehensive plan could be followed. IV. Recommendation: By a vote of 6-0 (Mr. Price absent), the Planning Commission recommended approval of the request. The proposed use would provide a transition between commercial and single family uses and zoning in the area and the proffered conditions guarantee quality construction and preservation of the architectural character of the neighborhood. Respectfully submitted, Michael M. Waldvo!~ Roanoke City Planning Commission JRM:JTT:mpf attachments cc: Assistant City Attorney City Engineer Building Commissioner Petitioner IN '£~ COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA IN RE: FIRS____TAMENDED PETITION P~zoning of a tract of land lying at Qaklawn Avenue N~ Roanoke~ Virginia 24012~ Lot 11-12~ Tax Nos. 2170210-2170211, from RS-3 to RH-1, such rezoning to be subiect to certain conditions. TO THE HONOI~BLE MAYOR AND l~14BERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioner, Gus g. and Pauline G. Tomaras, owns land in the city of Roanoke conta/ning 0,227 acres, more or less, located Oaklawn Avenue Roanoke, Virginia 24012~ Lot 11-12~ Tax Nos. 2170210-2170211. Sa/d tract is currently zoned RS-3. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-3 District to RH-I District for the purpose of Construction of a Duplex. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City~s'Zoning ordinances and its comprehensive plan, in that it will provide additional city tax revenue and housing. The Petitioner b~reby proffers and agrees Chat if the said tract is rezoned aa requested, that the rezoning will be subject to, and that the Petitioner vi11 abide by, the folloving conditions: The exterior appearance of the proposed duplex frontinK OalclmmAvenue, NI/ shall be constructed to appear single fmatly in character. The proposed duplex fronting Oaklawn Avenue, NI/ shall be constructed of bricks in substantial compliance with the concept plan (photograph). If no building permit has bean issued and no construction co~ncedwithin three (3) years from the date of final zoning approval, the razontng shall revert to RS-3 without further action by City Council. Attached as F.~.hibit B are the n~es, addresses, and tax numbers of the owner(s) oi eli lots or property imediately across a street or road from the property to be rezoned. I~I/REFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the City of Roanoke. Respectfully submitted this 26th day of Jun~, 1990. Respectfully submitted, Pauline G. Tomaras ~ 5398 Vistm-out Drive NE P. oanok~, Virginia 24019 (703) 366-6346 OFFICIAL TAX NI~iBER 2170212 2170209 2170206 2170205 2170319 2170301 2170303 2170332 F~IBIT B ADJOINING PROPERTY OWNER LIST OWNER'S NAHE AND HAILING ADDRESS TOMAI~, GUS E. TOHARAS, PAULINE G. 5398 VISTAfiONT DR. NE ROANOKE, VA. 24019 YOPP, MILDRED L. 3024 OAKLAWNAVE NW ROANOKE, VA. 24012 CHITWOOD, BARRY R. C/O ROBERT L. CHITWOOD 141 FRONTIER RD NE ROANOKE, VA 24012 WOODY, BILL NORMAN WOODY, HICHAEL LEE RT.BOX ! 17-D MT. SIDNEY, VA. 24467 GEORGE, GEORGE D. AND EFFIE H. 11 WALNUT AVE SW' ROANOKE, VA. 24016 AUNT EI'~fA'S PANCAK~ HOUSE c/o TOl~'ff TUCKER P.O. BOX 792 HARRISONBURG, VA. 22801 3023 OAKLAWN AVENW RGANOKE, VA. 24012 THOMAS, JAMES W. AND VERA J. 3027 OAKLAWN AVE NW ROANOKE, VA. 24012 ~ OAK~Ae/H ,~ \ LOCATION S IIOI)OSI..' ZONING I I I.' I I CIT'Y OF ~OANO'I~ 1.0 A :170155 I1 '1: t · I 4 COMOITIONAL Office of the City Clerk July 25, 1990 File ~51 Mr. & ~rs. Gus E. Tomaras 5398 Vistamont Drive, N. E. Roanoke. Virginia 24019 Dear Mr. & Mrs. Tomaras: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant your request t~at a tract of land containing 0.227 acre, more or less, located on Oaklawn Avenue, N. W., identified as Official Tax Nos. 2170210 and 2170211, Lots l~ and 12, be rezoned from RS-3, Residential Single Family District, to RM-1, Residential Multi-Family, Low 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 ~onday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, August 13, 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, $. ~. For your information, I am also enclosing copy of a notice of the public hearing. Questions with regard to the City Planning Commission report should be directed to Mr. John R. ~arlles, Chief of Community Planning, at 981-2344. MFP:ra PUBLIC35 Enc. Sincerely, Mary F. Pa rke r, C~4C/AAE City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Mr. & Mrs. Gus E. July 25, 1990 Page 2 To ma ra$ Dc: Ms. Mildred L. Yopp, 3024 Oaklawn Avenue, N. ~., Roanoke, Virginia 24012 Mr. Daffy R. Chitwood, c/o Mr. Robert L. Chitwood, 141 Frontier Road, N. E., Roanoke, Virginia 24012 Mr. Dill N. Woody and Mr. ~ichael L. Woody, Route Box 117-D, Mount Sidney, Virginia 24467 Mr. & Mrs. George D. George, 11 Walnut Avenue, S. W., Roanoke, Virginia 24016 Aunt Emma's Pancake House, c/o Mr. Tommy Tucker, P. O. Box ?92, Harrisonburg, Virginia 22801 Mr. D. Bernard Ruther, 3023 Oaklawn Avenue, N. W., Roanoke, Virginia 24012 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O. Dox 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. ~aldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Doard 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, Duilding Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation ~OANOKE TI~E$ & ~Q~L3-NENS A~ NUMBER 725032~9 PUBLISHER'S FEE - $91.80 CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM 456 MUNICIPAL BLDG ROANOKE VA 2~OI1 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE CF THE TIMES-WORLD COR- PORATIONt WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLO-NEWSt A DAILY NEWSPAPER PUBLISHEO IN ROANOKE~ IN THE STATE OF VIRGINIAt DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN ,SAID NEWSPAPERS ON THE FOLLOWING DATES 07/27/90 MORNING 08/03/90 MORNING WITNESS, x~U~ 6TH. DAY OF AUGUST 19gO AUTHORIZED SIGNATURE 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, August 13, 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 RS-3, Residential Single Family District, to RM-1, Residential Multi-Family, Low Density District, the following property: A tract of land containing 0.227 acre, more or less, being Lots 11 and 12, situated on Oaklawn Avenue, N. W., and bearing Official Tax Nos. 2170210 and 2170211. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this _27th day of July , 1990 Mary F. Parker, City Clerk Please publish in full twice, once on Friday, July 27, 1990, and once on Friday, August 3, 1990, in the Roanoke Times and World News, Morning Edition. Please send bill and publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Office of the City Clerk July 25, 1990 File #51 Mr. Michael M. ~'aldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. ~aldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amendea, I am enclosing copy of an amended petition from Mr. and Mrs. Gus E. Tomaras, requesting that a tract of land containing 0.227 acre, more or less, located on Oaklawn Avenue, N. W., identified as Official Tax Nos. 2170210 and 2170211, Lots 11 and 12. be rezoned from RS-3, Residential Single Family District, to RM-1, Residential Multi-Family, Low Density District, subject to certain conditions proffered by the petitioners. Sincerely, Ma Parker, CMC/AAE Ci ~rk MFP : ra REZONE35 En c. pc: Mr. & Mrs. Gus E. Tomaras, 5398 Vistamont Drive, Roanoke, Virginia 24019 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald ~. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (?'03) 981-2541 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $, W. Room 456 Roanoke, Virgini& 24011 Telephone: (703) 98~-2541 July 6, 1990 SANORA H. EAKIN Deputy City Clerk File #$I Mr. Michael M. Wa ldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Wa ldvogel: Pursuant to Section 35.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. and Mrs. Gus E. Tomaras, requesting that a tract of land containing 0.227 acres, more or less, located on Oaklawn Avenue, N. W., identified as Official Tax No. 2170210 and 2170211, be rezoned from RS-3, Residential Single Family Oistrictf to RM-1, Residential Multi-Family, Low Density District, subject to,cer- tain conditions proffered by the peti'tioners. Sincerely, Ma ry F. e r, CMC/AAE City Clerk MFP: ra REZOttE35 Eno. pc: Mr. & Mrs. Gus E. ,,Tomaras, 5398 Vistamont Drive, N. E., Roanoke, Virginia 24019 Mr. John R. Ma rlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney · IN THE COUNCIL OF THE CITY OF ROA~, OKEi VIRGINIA - IN RE: Rezoning of a tract of land lying Oaklawn Avenue NW, Roanoke, Virginia 24012, Lot 11-12, Tax Nos. 2170210- 2170211. from RS-3 to_EM-l, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Gus E. and Pauline G. Tomaras, owns land in the city of Roanoke containing 0.227 acres, more or less, located Oaklawn Avenue NW, Roanoke, Virginia 24012, Lot 11-12, Tax Nos. 2170210- 217021]. Said tract is currently zoned RS-3. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-3 District to RM-1 District for the purpose of Construction of a Duplex. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinances and its comprehensive plan, in that it will provide additional city tax revenue and housing. Attached as Exhibit B are the names, addresses, and tax numbers of the owner(s) of all lots or property immediately across a street or road from the property to be rezoned. WHERFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the City of Roanoke. Respectfully submitted this 26th day of June, 1990. Respectfully submitted, Pauline G. Tomaras 5398 Vistamont DR. NE Roanoke, Va. 24019 (703) 366-6346 OFFICIAL TAX NLIMBER 2170212 2170209 2170206 2170205 2170319 2170301 2170303 2170332 ADJOINING EXHIBIT B PROPERTY OWNER LIST OWNER'S NAME AND MAILING ADDRESS TOMARAS, GUS E. TOMARAS, PAULINE G. 5398 VISTAMONT DR. NE ROANOKE, VA. 24019 YOPP, MILDRED L. 3024 OAKLAWN AVE NW ROANOKE, VA. 24012 CHITWOOD, BARRY R. c/o ROBERT L. CHITWOOD 141 FRONTIER RD NE ROANOKE, VA 24012 WOODY, BILL NORMAN WOODY, MICHAEL LEE RT.BOX l17-D MT. SIDNEY, VA. 24467 GEORGE, GEORGE D. AND EFFIE M. 11 WALNUT AVE SW ROANOKE, VA. 24016 AUNT EMMA's PANCAKE HOUSE c/o TOMMY TUCKER P.O. BOX 792 HARRISONBURG, VA. 22801 RUTH, D BERNARD 3023 OAKLAWN AVE NW ROANOKE, VA. 24012 THOMAS, JAMES W. AND VERA J. 3027 OAKLAWN AVE NW ROANOKE, VA. 24012 ~ ~ I lO00. O~ /000.0~ ' ,~ _ ~'*'~ ~ ~a'~'~, ~.o~'~.r~ C~T~ ~N~Z OF ~OAHOK~ VIRGIHIA DA~ AR~A. O~Ca~[ cou~ Of Y~ c~T~ of ROAnOke, ~A L T~ Of VIRGINIA, A~A~DED ~0 0AT~ A~O FU~7~ ~gU~[ TO AdO ~d CO~PL IA~C~ ~ITH Y~ CIT~ OF ~A~ OF YI~GI~IA ~ ~7~ ~.. ,~,,~ ~U9 E. ~PAULINE G. TOMARA~ /' ~Pz~ ~oT~ Il Ago l~ z c~wy~ry T~ZAT r~ su~wy z~ ~u~ ~M ~o eaa~T/da ~o ~T To T~ ~u~T or~y TO THE CITY CLER~ OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO ~ERE~ONIxNG REQUEST OF: Request from Gus E. and Pauline G. Tomaras that two) tracts of land lying on Oaklawn Avenue, N.W., iden-) tified as official tax nos. 2170210 and 2170211, be) rezoned from RS-3, Residential Single Family Dis- ) trict, to RM-1, Residential Multifamily, Low Den- ) sity District. ) AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of the 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 9th of July, 1990, notices of a public hearing to be held on the 18th day of July, 1990, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 2170209 2170206 2170205 2170319 2170301 2170303 OWNERf AGENT OR OCCUPANT ADDRESS Mildred L. Yopp 3024 Oaklawn Avenue Roanoke, VA 24012 Barry R. Chitwood c/o Robert L. Chitwood Bill Norman Woody Michael Lee Woody George D. and Effie M. George 141 Frontier Road, NE Roanoke, VA 24012 Route Box l17-D Mt. Sidney, VA 24467 11 Walnut Avenue, SW Roanoke, VA 24016 Aunt Emma's Pancake House c/o Tommy Tucker P. O. Box 792 Harrisonburg, VA ~.i/.~/ Bernard Ruther 3023 Oaklawn Avenue Roanoke, VA 24012 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, Roanoke, Virginia, this 9th day of July, 1990. My Commission Expires: in the City of Office of the City Clerk August 27, 1990 File #28-178 Mr. W. Robert Herbert City ~4anager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30194-82790 authorizing exe- cution of a deed releasing the City's interest in a 'certain emergency telephone call box easement heretofore granted to the City of Roanoke on Parcel 2 of the Downtown East Redevelopment Project, upon certain terms and conditions. Ordinance No. 30194-82790 was aaopted by the Council of the City of Roanoke on first reading on Monday, August 13~ 1990, also adopted by the Council on second reading on .Monday, August 27, 1990, and will take effect ten days following the date of its second reading. Sincerely, ~~ ~ary F. Parker, CMC/AAE City Clerk MFP:ra Eric. pc: Mr. Kit B. Kiser, Director of Utilities and Operations ~r. William F. Clark, Director of Public Works Mr. Alfred Bec~ley, Jr., Manager, Communications Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of August, 1990. No. 30194-82790. VIRGINIA, AN ORDINANCE authorizing the execution of a deed of release releasing the City's interest in a certain emergency telephone call box easement heretofore granted to the City of Roanoke, 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, on behalf of the City, an appropriate deed of release in form approved by the City Attorney releasing the City's interest in a certain emergency telephone call box easement on Parcel 2 of the Downtown East Redevelopment Project, which easement was con- veyed to the City of Roanoke by deed of record in the Clerk's Office of the Circuit for the City of Roanoke in Deed Book 805, page 341, as more particularly set forth in the report to this Council from the City Manager dated August 13, 1990. ATTEST: City Clerk. August 13, 1990 Honorable Mayor and Members of Council Roanoke, Virginia Dear Council Members: SUBJECT: Abandonment of an emergency call box easement - Downtown East Redevelopment Area I. BACKGROUND: ao City Council adopted the Downtown East Redevelopment Plan on March 11, 1968. The redevelopment plan was last revised in June 1980. Major objective of the Redevelopment Plan is to make the land in the Downtown East project area available for redevelopment by private enterprise for use in accordance with the term of the Redevelopment Plan. Contract of sale was made on April 23, 1990 between the Roanoke Redevelopment and Housing Authority and the Norfolk and Western Railway Company for approximately 65,062 square feet of real property located in the Downtown East Redevelopment Area. Designated as Parcel 2 as shown on the revised map of Downtown East Renewal Project dated December 5, 1975 and recorded in the Clerk of Circuit Court's office of the City in Map Book 1 page 234. D. Section 5: Special Provisions of the Contract of Sa]~ provided that "in the event a title examination or an inspection of the property discloses title defects . . . Purchaser shall give RRHA written notice of such defects within 90 days after the date of this Contract of Sale." (Section 5: Special Provision of the Contract of Sale - Attachment A.) Defects must be removed by RRHA on or before October 1, 1990 or purchaser may elect to refuse the purchase. Members of Council August 13, 1990 Page 2 II. CURRENT SITUATION: ao Certain easements were reported by the Norfolk & Western Railway Company against the property to the RPJ{A on July 19, 1990. Emergency telephone call box easement is for equipment to be attached to the side of a building that no longer exists and is held by the City of Roanoke, recorded in the Clerk of Circuit Court's office of the City in Deed Book 805 page 341. Formal request to abandon the emergency call box easement has been received by the City from the RRHA. (Attachment B) Signals and Alarms Department indicated that this easement is no longer required by the City. III. ISSUES: A. Safety B. Timing C. Economic Development D. Major objective of Redevelopment Plan IV. ALTERNATIVE: City Council authorize the City Manager to execute a deed of release to abandon the emergency telephone call box easement on Parcel 2 of Downtown East Redevelopment Project. The deed of release would be prepared by the City Attorney's Office. Safety would not be impaired since the City no longer has a need for the emergency telephone call box easement. Timing would be enhanced as the execution of deed of release would allow the RRHA to cure the defects outlined by the Norfolk and Western Railway Company prior to the date of closing on or before October 1, 1990. Economic Development of the Downtown East Redevelopment area would continue to move forward with the development of the $25 million Norfolk Southern building retaining 1000 jobs for Roanoke. 4o Major objective of the Redevelopment Plan would be realized as the result of making the land available for redevelopment by private enterprise. Members of Council August 13, 1990 Page 3 Bo City Council not authorize the City Manager to execute a deed of release to abandon the emergency call box easement. Safety would not be impaired since the City no longer has a nee~ for the emergency telephone call box easement. Timing failure to release the easement could place the project in jeopardy since all defects must be cured prior to closing. Economic Development would be abated due to the possible loss of a $25 million investment in the Downtown East Redevelopment Area and the possible loss of existing jobs to other areas. Major objective of Redevelopment Plan would not be realized. V. RECOMMENDATION: City Council authorize the City Manager to execute a deed of release to abandon the emergency call box easement on Parcel 2 of Downtown East Redevelopment Plan in accordance with Alternative A. The deed of release would be subject to the approval of the City Attorney's Office. Respectfully submitted: City Manager WRH/PFS:kds Attachments cc: Assistant City Manager City Attorney Director of Utilities and Operations ATTAC~[~q~NT A schematic plans, site plan and Outline specifications approved by the Agency within one year from the date of such approval, and Purchaser shall complete construction of the Improvements, substantially in accordance with such approved plans and specifications, within three years from the date of commencement of construction of the Improvements. Construction of the Improvement~ will be deemed to have commenced when the excavation is initiated for the construction~of the Office building planned to be located on the Project Site. SECTION 5: SPECIAL PROVISIONS. (a) The Agency shall furnish to the Purchaser copies of! such title information on the Property as it may Possess, and the Agency will cooperate with the Purchaser by making available to Purchaser and its agents such other information as may be available to Agency which will expedite such examination of title to the Property as the Purchaser may elect to order. In the event a title examinat~on or-an inspection of the Property discloses title defects which are not mentioned or within the scope of the matters set forth in (1~, (2), (3), (4) and (5) of Section 2(a) hereof, Purchaser shall give Agency fatten notice~of-such defects ¥ · within 90 days after the date of this Contract of Sale. Any title defect not set forth in such notice will be deemed to have been waived by Purchaser. If Agency has not at its expense Cured all defects set forth in that notice by the date of the Closing, then Purchaser may elect either to~ refuse to consummate the purchase of the Property or to waive Such defects, proceed with the Closing and accept the Property subject to such uncured defects. Should Purchaser elect to refuse to consummate its purchase of the Property as permitted in this paragraph (a), the Agency will refund to Purchaser the Deposit, together with any interest and incom~ earned thereon, and neither party hereto shall then have any further rights against the other party hereto under this Contract of Sale other than the right of Agency to receive from Purchaser any indemnification payment which may be due under Section 15 hereof. (b) The Agency warrants that it the provisions of the Housing Authority Law of Virginia, proper action of the Agency and the provisions of the Redevelopment Plan: (i) to enter into the transaction contemplated by this Contract of Sale;~(ii) to carry out its obligations hereunder; and (iii) to execute and deliver this Contract of Sale, the Deed and such other closing documents shall be approl>r{ate to transaction. is duly authorized under the ~ consummate this purchase and sale as (c) The Purchaser, at its sole expense, shall obtain all governmental permits, licenses and approvals of ~y ~ype necessary o for the construction and use of the ImprOvements, but the Agency will assist the Purchaser in applying for and obtaining those governmental permits, licenses and approvals. SECTION 6: RESTRICTIONS ON USE. The Purchaser agrees that the Deed shall covenants binding upon the Purchaser Property, or any part thereof, contain and its successors to the providing that: 9 ATTACI~ENT B WOODS, ROGERS & HAZLEGROVE IO5 FRANKLIN ROAD, S.%~. P.O. BOX 720 (703) 982-4253 July 26, 1990 J U L 2 7 Roanoke City Office of Economic Development HAND DELIVERED Mr. Kit B. Kiser Municipal Building 215 Church Avenue, Roanoke, VA 24011 In re: Easement in favor of City of Roanoke on Parcel 2, Downtown East Renewal Project -- Sale to Norfolk and Western Railway Company Dear Kit: In connection with the City of Roanoke Redevelopment and Housing Authorlty's contract to sell Parcel 2 of the Downtown East Renewal Project to the Norfolk and Western Railway Company, the N&W has advised us of certain easements which were reported as encumbrances against the property by its title examiner. One of those easements is an easement for an emergency telephone call box in favor of the City of Roanoke, recorded in the Clerk's Office of the Circuit Court of the City in Deed Book 805, page 341. We have been requested by the N&W to clear this easement from the records. The City Attorney's office advises that we should direct this request to you for submission through the proper channels to City Council. M#9238 Page 2 July 26, 1990 Please consider this the formal request of' the Housing Authority that the above-referenced easement be abandoned by the City to the Housing Authority. As you may know, our contract with the N&W calls for a closing not later than October 1, 1990, so we would appreciate your proceeding with the abandonment of this easement on a schedule that will permit recordation of a deed prior to October 1, 1990. Yours truly, WOODS, ROGERS & HAZLEGROVE Daniel F. Layman, Jr. DFLJr:gfw cc: Mr. Herbert D. McBride Mr. Phillip F. Sparks Richard A. Keeney, Esq. M#9238 C)ff~ce of the City Manager August 6, 1990 Mrs. Elizabeth T. Bowles and Members, of Water Resources Com~ittee Roanoke, Virginia Dear Mrs. Bowles and Members of the Committee: Enclosed is a draft copy of a council report requesting the removal of an emergency call box easement. As you will see, without the removal of this easement prior to the closing on the property between the Roanoke Redevelopment and Housing Authority and the Norfolk and Western Railway Company, the entire project is placed in jeopardy. The RRHA formally requested that the City of Roanoke proceed with the abandonment of this easement on a schedule that will permit recordation of a deed prior to closing on the property on or before October 1, 1990. Based on the sales contract between RRHA and Norfolk and Western Railway Company, all encumbrances must be removed prior to closing. In order for the City to have sufficient time to record a deed of release, assuming that is City Council's desire, I need to place this request for the abandonment of the emergency call box easement on City Council's agenda for Monday, August 13, 1990. Obviously, this is out of sequence with the Committee's next regularly scheduled meeting. Therefore, if there are no objections, I would like to take this matter to Council on August 13 noting that the Com~ittee is in general agreement but was unable to take official action due to the rigid time factors involved. If you do not concur with me taking the action noted herein, please contact my office by close of business on Monday, August 6, 1990. Sincerely, Earl B. Reynolds, Jr. Acting City Manager EBR/PFS:kds Enclosure Room 364 Municipol Building 215 Churah Avenue, S.W Roonoke, Virginia 24011 (703)981-2333 Office of the City Clerk August 27, 1990 File #192 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30199-82790 authorizing extension of the current concessions and catering contract at the Roanoke Civic Center with Krisch Hotels, Inc., until April 1, 1991, with provision to terminate by the City at any time upon'60 days written notice. Ordinance lgo. 30199-82790 was adopted by the Council of the City of Roanoke on first reading on Monday, August 13, 1990, also adopted by the Council on second reading on Monday, August 27, 1990, and will ta~ke effect ten days following the date of its second reading. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Pc: Mr. John S. Edwards, Chairman, Roanoke Civic Center Commission, 3630 Minding ~ay Road, S. W., Roanoke, Virginia 24015 Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Bob E. Chapman, Manager, Civic Facilities Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of August, 1990. No. ~0199~8279~. VIRGINIA, AN ORDINANCE authorizing the extension of the current conces- sions and catering contract at the Roanoke Civic Center, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropri- ate agreement extending the current concessions and catering contract with Krisch Hotels, Inc., until April 1, 1991, with the provision to terminate by the City at any time upon sixty (60) days written notice, as more particularly set forth in the report to this Council dated August 13, 1990. ATTEST: City Clerk. Roanoke, Virginia August 13, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Concessions and Catering Agreement I. Background: no Civic Center Catering and Concessions were contracted to American Motor Inns, Inc. (now Krisch Hotels, Inc.) in August, 1973. Concessions and Catering were renewed with American Motor Inns, Inc. thru July, 1980. C. During 1980, the City solicited bids for concessions and catering rights from the top catering and concession firms throughout the country. Bids are based upon percentage of gross paid to City. D. An~rican Motor Inns, Inc. (Krisch Hotels, Inc.) was the high bidder for catering and concession rights for the Roanoke Civic Center. E. City entered into an agreement with American Motor Inns, Inc. (Krisch Hotels, Inc.) on August 1, 1980 for a term of five con- secutive years which included a provision for extension for an additional five-year term upon written agreement of both parties. F. During 1985, the City and American Motor Inns, Inc. (Krisch Hotels, Inc.) mutually agreed to extend the contract for an additional five years. II. Current Situation: A. Current Contract with Krisch Hotels, Inc. expired on August 1, 1990. City awarded a consulting service contract to William Caruso and Associates to assist in the preparation and evaluation of food service bids and subsequent contract negotiations for the opera- tion of concessions and catering services at the Civic Center. Bid proposals are expected to be ready by October 15, 1990 for solicitation to the top catering and concession firms in the country. Co Krisch Hotels, Inc. has mutually agreed to continue the conces- sions and catering service at the Civic Center with payment under the existing percentage of gross revenue payment schedule until the bid process is completed. Page 2 City agrees if Krisch Hotels, Inc. is not the successful bidder, the City will allow sixty days from official notification for Krisch Hotels, Inc. to vacate the premise. III. Issues A. Contract Terms B. Continuity of Service /V. Alternatives no Extend current contract with Krisch Hotels, Inc. until April 1, 1991 with provision to terminate upon completion of the bid process. 1. Contract terms would remain the same. 2. Continuity of service for lessees, patrons and events would ensure present level of service is maintained. Do not extend contract with Krisch Hotels, Inc. 1. Contract terms would not be an issue under this alternative. 2. Continuity of service to events, lessees and patrons could not be maintained without the continued service of Krisch Hotels, Inc. V. Recommendation: Council concur with the Alternative "A" and authorize the City Manager to extend the current concessions and catering contract with Krisch Hotels, Inc. until April 1, 1991 in form approved by City Attorney withprovision to terminate at any time with 60 days' notice upon completion of the bid process. JSE/BEC/vn cc: City Attorney Director of Finance Respectfully submitted, John S. Edwards, Chairman Roanoke Civic Center Co~mission Director of Adm. & Public Safety Roanoke, Virginia August 13, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Concessions and Catering Agreement I concur with the recon~nendation of the Roanoke Civic Center Con~nission to extend the current concessions and catering agreement with Krisch Hotels, Inc. until April 1, 1991, with provision to terminate upon completion of the bid process. Respectfully submitted, W. Robert Herbert City Manager WRH/vn CC: City Attorney Director of Finance Director of Administration and Public Safety Chairman, Civic Center Commission Civic Center Manager Office of the City Clerk August 27, 1990 File #207 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30204-82790 authorizing an extension of the lease agreement between the City and'A. Wade Douthat, III, of certain property located in the Roanoke Centre for Inaustry and Technology, upon certain terms and conditiohs. Ordinance No. 30204-82790 was adopted by the Council of the City of Roanoke on first reading on Monday, August 13, 1990, also adoptea by the Council on second reading on Monday, August 27, 1990, and will take effect ten days following the date of its second reading. Sincerely, ~lg.~J~ Mary F. Parker, C~IC/AAE City Clerk MFP:ra Enc. pc: Mr. Alton Virginia Mr Mr Ms Mr Mr B. Prillaman, Attorney, p. O. Box 20487, Roanoke 24018 ' Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Deborah J. Moses, Chief of Billings and Collections Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works Charles M. Buffine, City Engineer Brian J. Wishneff, Chief of Economic Development 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 27th day of August, 1990. No. 30204'82790. AN ORDINANCE authorizing an extension of the lease agreement between the City and A. Wade Douthat, III, of certain property located in the Roanoke Centre For Industry and Technology upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and a~test, respectively, on behalf of the City, an agreement pro- viding for an extension of the lease agreement between the City and A. Wade Douthat, III, providing for the lease of the house and cabin on the property in the Roanoke Centre For Industry and Technology, said lease extension term to be on a month to month basis for a period commencing as of August 31, 1990, such lease to be in form approved by the City Attorney and to contain such other terms and conditions as are approved and required by the City Manager, as more fully set out in the report to this Council dated August 13, 1990. ATTEST: City Clerk. Roanoke, Virginia August 13, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Lease Extension, RCIT "Douthat" Property The attached staff report was considered by the Water Resources Cox~ittee at its meeting on July 23, 1990. The Committee recommends to Council that the lease of structures in RCIT to A. Wade Douthat, III, be extended on a month-to-month basis, in accordance with conditions stated in the attached report. Respectfully submitted, · 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 Chief, Economic Development Chief, Billings & Collections Alton B. Prillaman, Attorney INTERDEPARTMENTAL COI~IUNICATION DATE: July 23, 1990 TO: mbers, ~ter Resources Committee FROM: . Kiser, DiF~r~.o~of Utilities & Operations, thru W. Robert Herber~ Manager RE: LEASE EXTENSION, RCIT "DOUTHAT" PROPERTY I. Back~round: A. Lease of house and cabin to A. Wade Douthat, III, for a five (5) month term, commencing on April 1, 1990, and ending on August 31, 1990, was authorized by City Council by Ordinance No. 29971-31990 (dated March 19, 1990). II. Current Situation: A. Lease extension has 'been requested by Mr. Douthat due to delays in renovation of his new home (see attached letter). III. Issues: A. Need B. ~imin~ C. Income to Cit~ IV. Alternatives: Committee recommend to Cit~ Council that it authorize the extension of the lease of the house and cabin on the "Douthat" property, RCIT, to A. Wade Douthat, III, on a month-to-month basis, beginning at the end of the term of the current lease on August 31, 1990, terminable by thirty (30) days written notice by either party, on the same terms and con- ditions as the current lease. Page 2 ~eed by petitioner for use of structures until his new home is complete is met. 2. Timin8 to authorize extension before current lease expires is met. 3. Income to City is current lease fee of ~1,000.00 per month for the duration of the extension. Committee recommend to City Council that it not authorize an extension of the lease of the house and cabin on the "Douthat" property, RCIT, to A. Wade Douthat, III. Need by petitioner to retain use of structures until his new home ~'s completed is not met. 2. ~imin8 to authorize lease extension prior to August 31, 1990, is not met. o Income to City at $1,000.00 per month terminates on August 31, 1990. Vo Recommendation: Committee recommend to City Council that the lease of structures in RCIT to A. Wade Douthat, III, be extended on a month-to- month basis in accordance with Alternative "A". KBK/RVH/fm cc: City Attorney Director of Finance Director of Public Works City Engineer Chief, Economic Development Chief, Billings & Collections LAW OFFICES JOLLY, PLACE, FRALIN & PRILLAMAN, PC. ROANOKE, VIRGINIA ~4018 SALEM, VA. 24153 June 29, 1990 Mr. Kit Kiser Director of Utilities and Operations Municipal Building Roanoke, VA 24011 Dear Kit: Re: Douthat Lease I have received communication from Wade Douthat that he has made provisions for the moving and pasturing of his cattle to a Botetourt County farm. Accordingly, pursuant to the lease agreement, Wade will terminate that portion of the lease on July 31, 1990. Should the City, for planning purposes, want him to stay through August of 1990, as originally contemplated, he is agreeable to doing so. With regard to the house and g~, the remodeling on the house purchased by the Douthats on Cornwallis Avenue in the City, has progressed more slowly than anticipated. Accordingly, if it is agreeable with the City, the Douthats would like to hold over for a month or two, at the same rental rate until their new home is finished. Please call me reference same upon receipt of this letter. Thank you for your continued cooperation. Sincerely, JOLLY, PLACE, FRALIN & PRILLAM~/~, P.C. g~m o: Mark A. Williams, Assist. City Attorney A. Wade Douthat Office of the City Clerk August 27, 1990 File #256-166 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear ,~1r. Herbert: I am attaching copy of Ordinance No. 30205-82790 authorizing the proper City officials to enter into a certain lease agreement with Sun Valley Swim & Slide, Inc., for the Sun Valley Swim Club and Campground property, for a period of five years at an initial monthly lease fee of $2u0.00, upon certain terms and conditions. Ordinance No. 30205-82790 was adopted by the Council of the City of Roanoke on first reading on Monday, August 13, 1990, also adopted by the Council on second reading on Monday, August 27, 199~, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. Tobey C. Chamber, President, Sun Valley Swim & Slide, Inc., 3972 Carson Road, N. E., Roanoke, Virginia 24012 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections Mr. Kit B. Kiser, Director of Utilities and Operations Mr. M. Craig Sluss, Manager, Water Department ~s. Lauren G. Eib, Risk Management Officer 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 2?th day of August, 1990. No. 30205-82790. AN ORDINANCE authorizing the proper City officials to enter into a certain lease agreement with Sun Valley Swim & Slide, Inc. for the Sun Valley Swim Club and Campground property upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager'and City Clerk are authorized to execute and attest, respectively, on behalf of the City, a lease in form approved by the City Attorney by the City of Sun Valley Swim Club and Campground property to Sun Valley Swim, & Slide, Inc. for a period of five years at an initial monthly lease fee of $200.00 such lease to contain such other terms and conditions as are approved by the City Manager and as more particularly set forth in the report to this Council dated August 13, 1990. ATTEST: City Clerk. Roanoke, V~_~gimia August 13, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Lease of Sun Valley Swim Club and Campground The attached staff report was considered by the Water Resources Committee at its meeting on 0uly 23, 1990. The Committee recommends that Council approve a lease with Sun Valley Swim & Slide, Inc., to lease the Sun Valley property in accordance with conditions stated in the attached report. Respectfully submitted, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Director of Utilities & Operations Tobey C. Chambers, President, Sun Valley Swim & Slide, Inc. Manager, Water Department Risk Manager Office of Billings & Collections DA~: ~0: July 23, 1990 Chairman and Me~N~r~ Water Resources Committee thru --Mr. Herbert~ K. B. Kiser SUBJECT: Lease of Sun Valley Swim Club and Campground I. Back,round: Property located on the north bank of Back Creek at its crossing with Route 116 was purchased by the City in 1976 for the announced purpose of constructing a dam to provide a reservoir and water supply. Land use for the property at the time of purchase was a yellow stucco house, a swin~ning pool, concession stand, campground, laundry and other recreational facilities. Yellow stucco house was leased to Mr. and Mrs. Jerry L. Routt with lease commencing May 1, 1977. The lease rate was increased from $125.00 per month to $175.00 per month in 1987. Swimmin~ pool, campsround~ concession area and other recreational facilities were leased at a rate of $137.50 per month to Sun Valley, Inc. on June 29, 1977 (Sun Valley property). Lessee subsequently installed a water slide and, with City permission, demolished an old dilapidated structure, that had at one time been used as an indoor firing range, to make room for parking. Flood of 1985 damaged the Sun Valley property at a resulting expense to the City and the lessee. 1977 lease with Sun Valley, Inc. required, among other items, the following: Lessee maintains the structure and provides potable water to the yellow stucco house. Lease term was for an initial 5-year term continuing year-to-year thereafter unless either party gave 60 days notice to terminate. Lessee to indemnify and hold the City harmless against claims. G. Insurance was not required of the lessor. Page 2 Retained ownership of the property by the City is recon~nended since this property gives the City property along Back Creek for the possible development of a future water supply. II. Current situation: mo Claim received during the winter of 1990 caused review of the lease term. Requirement for insurance and increased rates were con~nunicated to Sun Valley, Inc. by letter of February 7, 1990. Meeting of February 12, 1990 and subsequent action resulted in the following: Certificate of incorporation of Sun Valley, Inc. had expired. Mr. Chambers wished to continue to lease the Sun Valley property in the name of Sun Valley Swim & Slide, Inc. Agreement to recon~end to City Council a new lease under the following conditions was reached: 1. Same general terms as the previous lease except; Requirement that the lessee shall indemnify, hold the City harmless and maintain insurance with a quality company during the life of the rental agreement. The City, its officers, agents, and employees shall be named as additional insured on the insurance policy. The lessee shall furnish Certificates of Insurance to the City until all claims have been closed with minimum limits of liability as indicated below: mo Co~nercial General Liability Insurance: liability coverage is to include property damage, bodily damage, personal injury, contractual and owners, landlords' and tenants' liability insurance. Coverage must be a minimum of either (1) $1,000,000 Combined Single Limit or (2) $500,000 primary coverage with $1,000,000 umbrella coverage (following form of the underlying primary coverage). bo Workers' Compensation and Employers' Liability: Statutory Virginia Workers' Compensation Limits. 3. Monthly lease fee as follows: August 1, 1990 thru June 30, 1991 - $200.00 July 1, 1991 thru June 30, 1992 - $275.00 July 1, 1992 thru June 30, 1993 - $300.00 July 1, 1993 thru June 30, 1994 - $350.00 July 1, 1994 thru June 30, 1995 - $400.00 Beyond June 30, 1995, lease will terminate unless the parties agree to the terms of an extension. Page 3 Mr. Chambers indicates, in writing, that he can get the insurance, the legal entity to be the lessee and his acceptance of the terms of the proposed lease. Mr. Chambers has provided the certificate of insurance. Termination notice to previous lessee was given to Sun Valley by letter dated March 27, 1990. Certificate of insurance in the required amount was received on July 9, 1990 from Mr. Chambers on behalf of Sun Valley Swim & Slide, Inc. Insurance and proposed lease precludes the operation of the water slide. Chance travel across Route 116 on evening of July 12, 1990 revealed sign "Now Open". No authority to open was explained to Mr. Chambers by Kit Kiser during visit to site on July 13, 1990. Mr. Chambers had received his operating approval from the Health Department, had been in operation for "one day" under the assumption that he had approval for a month-to-month lease pending approval by City Council. Kit Kiser explained there is no authority until a lease is approved by City Council which would be recommended once a letter of agreement was received from Mr. Chambers. Letter dated July 15, 1990 agreeing to term of a proposed lease of the Sun Valley property is attached. III. Issues in order of consideration are: A. Land use B. Rental rate C. Insurance and indemnification D. Maintenance expense IV. Alternatives: Committee recommend to Council that Council approve a leasa with Sun Valley Swim & Slide, Inc., under the same terms as the 1979 lease for the Sun Valley property, precluding the operations of a water slide, for those activities of swin~ning, campground operations, concession stand and such other recreational activities as may from time to time be agreed to by the City Manager upon ensuring the proper insurance coverage is provided and including the monthly rental rate and insurance coverage spelled out in Section II (D). Land use will continue as it has for the past 20 years or so unless City Council seeks to change that use in the future. Page 4 Rental rate will increase from $137.50 per month to $200.00 per month initially and eventually to $400.00 per Section II (D). Insurance and indemnification will be provided per Section II (D). 4. Maintenance expense will be paid by lessee. Bo Committee and Council not agree to a lease for the Sun Valley property. 1. Land use will result in a vacant and grown over property. 2. Rental rate becomes zero. Insurance and indemnification will be nil and the City should fill in the pool, raze the improvements and post the property. Maintenance expense for maintaining the facilities will become the responsibility of the City unless the City incurs the expense of razing the improvements, posting and securing the property and letting it grow over with weeds and brush. Recommendation: Committee recommend that Council approve a lease with Sun Valley Swim & Slide, Inc. to lease the Sun Valley property in accordance with Alternative "A". KBK:afm Attachment CC: City Attorney Director of Finance Tobey Chambers Water Department Manager Risk Manager Office of Billings & Collections Office of the City Clerk August 27, 1990 File #2-9-166 Mr. W. Robert Herbert City Manager RoanoKe, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30206-82790 providing for the conveyance of a certain surplus parcel of City ~ro~erty bearing Official Tax No. 2141412 to the Roanoke Regional Airport Commission, upon certain terms and conditions. Ordinance No. 30206-82790 was adopted by the Council of the City of Roanoke on first reading on Monday, August 13, 1990, also adopted by the Council on second reading on Monday, August 27, 1990, and will take effect ten days following the date of Sincerely, Mary F. Parker, City Clerk its second reading. C~4C ~AA E MFP:ra Enc o pc: Ms. Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport Co~aission, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012 Mr. Joel M. Schlanger, Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Robert C. Poole, Airport Manager Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Richard V. Hamilton, Right-of-Way Agent Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 2Z ~& IN THE COUNCIL OF THE CITY OF ROANOEE, VIRGINIA, The 27th day of August, 1990. No. 30206-82790. AN ORDINANCE providing for the conveyance of a certain surplus parcel of City property bearing Official Tax No. 2141412 to the Roanoke Regional Airport Commission, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a quitclaim deed of conveyance for City owned property located adjacent to the Airport and bearing Official Tax No. 2141412 to the Roanoke Regional Airport Commission as more particularly set forth in the report of the Water Resources Committee to this Council dated August 13, 1990. ATTEST: City Clerk. Roanoke, Virginia August 13, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Transfer of City-owned Lot to Roanoke Regional Airport Commission (Official Tax No. 2141412) The attached staff report was considered by the Water Resources Committee at its meeting on July 23, 1990. The Committee recommends that Council authorize the transfer of ownership of a City-owned parcel identified by Official Tax No. 2141412 to the Roanoke Regional Airport Commission in accordance with conditions stated in the attached report. Respectfully submitted, th T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment cC: City Manager City Attorney Director of Finance Director of Utilities & Operations Airport Executive Director INTEP. DEPA~TMENTAL CO~4UNI~ATION DATE: TO: FROM: RE: July 23, 1990 ,.~ ~'Members' ~er Resources Committee Kit B. K seizer, Directo~o~lities & Operations thru W. Robert Herberf,~ik~ Manager TRANSFER OF CITY-OWNED LOT TO ROANOKE REGIONAL AIRPORT COMMISSION (COMMISSION) OFFICIAL TAX NO. 2141412 Backsround: A. Property acquired as surplus right-of-way when 1-581 was built. B. FAA Middle Marker~ R/W 15-35 was placed on the parcel several years ago. Airport personnel have maintained the site since that time. II. Current Situation: Offer to transfer ownership of parcel, that is surplus to City's needs, to Commission was made by City Manager by letter dated April 24, 1990 (attached). Bo A~reement to accept the offer of property received from Jacqueline L. Shuck, Airport Executive Director, by letter dated June 13, 1990 (attached). III. Issues: A. Need B. Timing Members, Water Resources Committee July 23, 1990 Page 2 IV. Alternatives: Committee recommend to City Council that it authorize the appropriate City officials to execute a deed transferring ownership of a surplus parcel of property, identified by Official Tax No. 2141412, to the Roanoke Regional Airport Commission. 1. Need by Commission to own and maintain property used for airport purposes is met. 2. Timin~ to make transfer of ownership effective as soon as possible is met. Bo Committee not recommend to City Council that it authorize the transfer of ownership oif a parcel identified by Official Tax No. 2141412 from the City to the Roanoke Regional Airport Commission: A. Need by Commission to own property it uses is not met. B. Timin~ to transfer ownerhsip quickly is not met. V. Recommendation: Committee recommend to City Council that it authorize the transfer of ownership of a City-owned parcel identified by Official Tax No. 2141412 to the Roanoke Regional Airport Commission in accordance with Alternative "A". RVH/fm Attachment cc: City Attorney Director of Finanace Airport Exeutive Director '~ .Pooert -~erber*, Chairman Bolo L. Johnson, Vice Chairman Joel M. Schlanger Ri~ hard W Robers Kit B. Kiser Jacqueline L Shuck, Executive Director Robert C. Poote, Airport Manager June 13, 1990 Roanoke, Virginia 24012 (703) 362-1999 FAX (703) 563-4838 Mr. W. Robert Herbert City Manager City of Roanoke Room 364, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: City of Roanoke Property Oakland Boulevard, N.W. Official Tax No. 2141412 Dear Mr. Herbert: I have looked into the property referenced in your letter of April 24, 1990 (copy attached), and I agree that it would be advantageous to the Roanoke Regional Airport, the FAA and the airport users if title to the above referenced property were transferred from the City to the Commission. I will await direction from the City as to what needs to be accomplished prior to my recommending to the Commission that it adopt a resolution accepting the property. Jacqueline L. Shuck Executive Director JLS:csp Attachment cc: Kit B. Kiser// Charles M. Huffine Richard V. Hamilton Mark A. Williams Office of The City Manager April 24, 1990 Jacqueline L. Shuck Airport Executive Officer 5202 Aviation Drive, N.W. Roanoke, VA 24012 RE: CITY-OWNED PROPERTY, OAKLA~ND BOULEVARD, N.W. OFFICIAL TAX NO. 2141412 Dear Ms. Shuck: When the City of Roanoke transferred various properties relacen to the Airport to the Regional Airport Commission, the referenced 0.502 acre parcel seems to have been overlooked. The property contains an FAA Middle Marker associated with Runway 15-33. This seems to be the permanent location of that device. The lot is surplus to the City's needs. I would like to suggest that this property be transferred from the City's ownership to the Commission. Please let me know if you agree that this would be desireable. I appreciate your attention to this matter. If we can provide additional information, please contact Kit Kiser at 981-2602. Sincerely, W. Robert Herbert City Manager WRH/RVH/fm Attachment cc: Kit B. Kiser, Director, Utilities & Operations Charles M. Huffine, P.E., City Engineer Richard V. Hamilton, Right-of-Way Agent Room 3~4 Munlc~l~C~l Bullcling 2t 5 Churc~ Av~ue S.W Roanoke. V,rg,n,o 2~.011 (703) 98t -2333 Office of the City Clerk August 27, 1990 File #166 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30207-82790 authorizing extension of the lease agreement between the City and James L. Trinkle of the premises located at 124 Kirk Avenue, $. W., at a monthly rental rate of $2,175.83, for a period of one year com- mencing on December 1, 1990, and terminating on November 30, 1991, upon certain terms and conditions. Ordinance No. 30207-82790 was adopted by the Council of the City of Roanoke on first reading on Monday, August 13, 1990, also adopted by the Council on second reading on Monday, August 27, 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. James L. Trinkle, President, C. W. Francis & Sons Realtors, 120 West Kirk Avenue, Roanoke, Virginia 24011 Mr. Joel M. Schlanger, Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections Mr. Kit B. Kiser, Director of Utilities and Operations Mr. M. Craig Sluss, Manager, Water Department Mr. William F. Clark, Director of Utilities and Operations Mr. Nelson M. Jackson, Manager, Building Maintenance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Rawleigh W. Quarles, Fire Chief Mr. M. David Hooper, Chief of Police Room 4~ Municipal Building 215 Chu~h Avenue, S.W. Roanoke, Vi~inia 2~11 (?0W 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of August, 1990. No. 30207-82790. AN ORDINANCE authorizing an extension of the lease agreement between the City and James L. Trinkle of the premises at 124 Kirk Avenue, S.W., upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, an agreement providing for an extension of the lease agreement dated December 1, 1988, between the City and James L. Trinkle, providing for the lease of the premises at 124 Kirk Avenue, S.W., at a monthly rental rate of $2,175.83 with said lease extension term to be for a period of one year to commence as of December 1, 1990, and terminate November 30, 1991, such lease to be in form approved by the City Attorney and to contain such other terms and conditions as are approved and required by the City Manager, as more fully set out in the report to this Council dated August 13, 1990. ATTEST: City Clerk. Roanoke, Virginia August 13, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Lease Extension 124 Kirk Avenue, S. W. (Water, Fire, Police Training Building) The attached staff report was considered by the Water Resources Committee at its meeting on July 23, 1990. The Committee recommends that Council authorize a one (1) year extension of the City's lease of 124 Kirk Avenue, S.W. in accordance with conditions stated in the attached report. Respectfullyli~za~e'~ J' submitted~ E ' eth T Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Administration & Public Safety Director of Public Works Fire Chief Police Chief Manager, Water Department Manager, Building Maintenance Chief, Billings & Collections James L. Trinkle, C. W. Francis & Son, Realtors INTERDEPARTMENTAL CO~4UNICATION DATE: July 23, 1990 TO: ~embers, Water Resources Committee FROM: K~t B~.''i~r, Diref.~-p~ Utilities & Operations, thru W. Robert Herber~anager RE: LEASE EXTENSION 124 KIRK AVENUE, S.W. (Water, Fire, Police Training Building) I. Back, round: mo Lease of 124 Kirk Avenue~ S.W. from James L. Trinkle for a two (2) year term beginning on December 1, 1988 and ending on November 30, 1990, was authorized by City Council by Ordinance No. 29372, dated November 21, 1988. Bo New quarters for the Water Department, Fire Department and Police Training personnel will not be available before the end of the initial lease period on November 30, 1990. II. Current Situation: A. Lease extension requested by City Administration has been agreed to by Mr. Trinkle (see attached letter). B. Terms of lease extension are those in the original lease agreement dated December 1, 1988 (copy attached) and, in addition: i. Additional one (1) year term beginning December 1, 1990 and ending on November 30, 1991. ii. Annual rent, payable monthly to be increased by five (5) percent during the additional one (1) year term from $2~072.22 per month to $2~175.83 per month. iii. City responsible for all replacement, repairs, and maintenance of mechanical, plumbing, electrical, HVAC and such equipment to keep them in good operating condition, but, not required to do anything that would increase the value of the property. Lessor will continue to furnish four (4) parking spaces to the City, but, at a charge of $40.00 per space per month, up from no charge during the first lease term. Page 2 III. Issues: A. Need B. Timin~ C. Cost to City D. Funding IV. Alternatives: Ao Committee recommend to City Council that it authorize the appropriate City officials to execute a lease extension agreement for a one (1) year extension of the lease of 124 Kirk Avenue, S.W. from James L. Trinkle, C. W. Francis & Son, Realtors on terms and conditions outlined in II, B (above). Lease extension agreement to be in a form approved by the City Attorney. 1. Need by City for use of structure is met. 2. Timin8 to prepare and execute extension agreement prior to end of first lease term is met. Cost to City is 5% increase in lease fee to $26~109.96 for one (1) year term of lease and $40.00 monthly cost for each of four (4) parking spaces. 4. Fundin8 is available in Account No. 001-050-3213-3075. Committee not recommend to City Council that it authorize a one (1) year extension of the City's lease of 124 Kirk Avenue, S.W. on terms and conditions outlined in II, B (above): 1. Need by City for use of structure is not met. 2. Timin~ to prepare and execute extension agreement prior to end of current lease term is not met. 3. Cost to City is zero. 4. Fundin~ is not an issue. Page 3 Recommendation: Committee recommend to City Council that it authorize a one (1) year extension of the City's lease of 124 Kirk Avenue, S.W. in accordance with Alternative "A". KBK/RVH/fm Attachments cc: City Attorney Director of Finance Director of Administration & Public Safety Director of Public Works Fire Chief Police Chief Manager, Water Department Manager, Building Maintenance Chief, Billings & Collections 120 W. Kirk Avenue * Roanoke, Virginia 24011 · 703-342-3161 RESIDENTIAL COMMERCIAL INDUSTRIAL MANAGEMENT APPRAISALS ]~ ~ly 2, 1990 Mr. Kit B. Kiser, Director Utilities & Operations City of Roanoke Room 350 Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Dear Kit: I apologize again for my delay in responding to your letter of January 22nd concerning the lease extension at 124 West Kirk Avenue. I accept the terms of your letter of January 22, 1990, except the rent for the four parking spaces shall be $40.00 per space per month. These are the pertinent terms: The lease dated December 1, 1988, which expires on November 30, 1990, shall be extended for an additional one-year term until November 30, 1991. The annual rent, payable monthly, shall be increased by five (5) per cent during this additional one-year term. This amounts to 2½% per year or Well under the rate of inflation. You would add the provisions mentioned in paragraph two of your letter of January 22, 1990, to the lease extension. In other words, the City will be responsible for all maintenance, repairs and replacements of all mechanical equipment, electrical, etc. You would not be required to do anything to improve the value but you would do what is necessary to keep them in satisfactory operating condition. I will continue to furnish the four parking spaces presently occupied by City employees during the term of the lease extension but the rent will be $40.00 per space per month which is the same rate I currently charge parkers on the lot across Kirk Avenue from our office and also for all the other spaces on the lot between our office building and 124 West CYW. FRAN(',IS & SON, REAL~FORS -2- July 2, 1990 Kirk Avenue. Sometime ago I advised these parkers that their rates would be the same as the monthly rate in the Church Avenue parking garage. I must charge the going rate for these spaces. I will stay at the $40.00 rate during this lease extension though I expect the rate at the Church Avenue garage will be increased shortly as rates must be increased every year or two to keep abreast of inflation. Also, Roanoke parking rates are too low compared to many other cities and from an economic standpoint the current rates are too low for an adequate return on investment. You will recall that no parking spaces were included in the original lease. At Earl Reynolds request after the lease was executed and as a courtesy to the City, I have provided four spaces for City use at no cost to the City, which I will continue to do until November 30, 1990. 5. Ail other terms and conditions of the original lease to remain the same. If these conditions are acceptable, please ask the City Attorney to prepare the lease extension and I can review it and we can execute it and finalize this matter. Regards. JLT/r cC: Sincerely, J~le det' Frank W. Rogers, Jr., Esquire I.i.I Z LI.I O.g Office of the City Clerk August 27, 1990 File #258-308 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from the Southwestern Virginia Building and Construction Trades Council express.ing con- cern over the bidding process to be used for expansion and reno- vation of the former Hotel Roanoke, which communication was before the Council of t~e City of Roanoke at a regular meeting hela on Monday, August 27, 1990. On motion, duly seconded and adopted, the matter was referred to you for review and report to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. F. Don Fitzgerald, Southwestern Virginia Construction Trades Council, 24 ~ells Avenue, H. Virginia 24016 Building and E., Roanoke, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 SOUTHWESTERN VIRGINIA BUILDING AND CONSTRUCTION TRADES COUNCIL AFIrlI.JATllgl WITH BUILDING AND CONSTRUCTION TRADES DEPT. A. F. I,,, - C, I. O. 24 WELLS AVENUE, N.E. · DIAL 344..~ -- ~ -- ~ ROANOKE, VIRGINIA 24010 OUR ORGANIZATION IS CONCERNED OVER THE POSSIBLE INVOLVEMENT OF ROANOKE CITY WITH THE VA. TECH REAL ESTATE FOUNDATION~OR ANY OTHER PARTIES IN THE EXPANSION AND RENOVATION OF THE HOTEL ROANOKE. WHILE WE WHOLE-HEARTEDLY SUPPORT THE PUR- POSE AND SCOPE OF THIS PROJECT WE RAVE SOME ~,ESERVATIONS CONCERNING IT'S IMPLEMENTATION. ACCORDING TO'CORRESPONDENCE FROM DR. SMOOT, VA.TECH VICE PRESIDENT FOR BUSINESS AFFAIRS, THE SELECTED DEvELOpER WILL BE RESPONSIBLE FOR CONTRACTING A MAJORITY OF THE WORK AT THE HOTEL ROANOKE SITE. OUR CONCERN IS THAT THE DEvELOPER MAy OPT FOR A 'SELECTIVE BIDDING" PROCESS VERSUS AN OPEN-COMPETITIVE BIDDING PROCESS. IN A SELECTIVE BIDDING PROCESS, THE DEvELOPER SOLICITS BIDS PROM A FEW INVITED BIDDERS OF HIS CHOOSING. AN ADVERTISED OPEN COMPETITIVE BIDDING PROCESS ASSURES ALL COMPETENT CON- TRACTORS OF AN EQUAL OPPORTUNITY TO BE SELECTED FOR THE PROJ- ECT. IT IS THIS PROCESS TRAT IS UTILIZED BY ALL PUBLIC WORKS AND MOST LARGE CONSTRUCTION ~ROJECTS. WHILE THERE IS NOTHING ILLEGAL ABOUT A SELECTIVE BIDDING PROCESS, WE FEEL IT INAPPROPRIATE FOR A PROJECT FUNDED BY PUBLIC MONIES TO BE AWARDED BY A PROCESS WHICH MAY TEND TO DISCRIMINATE AGAINST ANy SEGMENT OF THE COMMUNITY. BE THESE MONIES APPROPRIATED FROM GENERAL FUND~, REVENUE BON~S, OR GENF-~AL OBLIGATION BONDS. THAT IS WHY WE ARE REQUESTING THAT ROANOKE CITY MAKE THEIR PARTICIPATION IN THIS PROJECT CONDITIONAL UPON THE UTILIZATION OF AN ADVERTISED OPEN-BID PROCESS BY THE DEVELDPER. SOUTHWESTERN VIRGINIA BUILDING AND CONSTRUCTION TRADES COUNCIL AFFIUATID WITH BUILDING AND CONSTRUCTION TRADE8 DEPT. A. F. I. - C. I. O. 24 WELLS AVENUE, N.E. · DIAL 344..30~E -- 3e~.3401 -- ~ ROANOKE, VIRGINIA 24016 PAGE 2 CONTINUED., WE FEEL A COMPETITIVE BID PROCESS WOULD ASSURE THE CITY OF THE HIGHEST QUALITY CONSTRUCTION AVAILABLE AT THE MOST COM- PETITIVE PRICE. IT WOULD ALSO BE MORE ASSURANCE TO LOCAL WORKERS AND SUPPLIERS OF AN EQUAL OPPORTUNITY TO PARTICIPATE IN THIS PROJ CT THE PERILS OF GIVING THE DEVELOPER FREE REIN ARE EASILY IL- LUSTRATED BY THE DOMINION TOWER PROJECT. THE DEVELOPER, FAISON & ASSOC., OF CBARLOTTE, N.C., ANNOUNCED THE GENERAL CONTRACTOR, F.N. THOMPSON, OF CHARLOTTE, N.C., TWO (2) DAYS AFTER THE CITY COUNCIL APPROVED IT'S PARTICIPATION IN THE PROJECT. WITHIN DAYS, VARIOUS SUB-CONTRACTQRS CONTACTING F.N. THOMPSON WERE TOLD THAT SEVERAL SUE-CONTRACTS HAD AL- READY BEEN NEGOTIATED. OUR MEMBERS WERE EFFECTIVELy SHUT OUT OF THE PROJECT. SO, ~OW WE HAVE A MAJOR CONSTRUCTION PROJECT, PAYING LOCAL TAXPAYER'S MONEY TO OUT-OF-STATE SUPPLIERS AND CONTRACTORS WHO FOR THE MOST PART, UTILIZE THEIR OWN MIGRANT WORK FORCE. AN OPEN BIDDING PROCESS CANNOT GUARANTEE THAT THE END RESULT WILL NOT BE THE SAME ON THE HOTEL ROANOKE PROJECT, ONLY ADDI- TIONAL PREQUALIFICATIONS OF THE CONTRACTORS CAN GUARD AGAINST THIS ABUSE, BUT WE ARE CONFIDENT THAT GIVEN A FAIR AND EQUAL OPPORTUNITY WE CAN STRIVE TO SECURE THIS WORK FOR LOCAL WORK- ERS. SOUTHWESTERN VIRGINIA BUILDING AND CONSTRUCTION TRADES COUNCIL AFFILJATED WITH BUILDING AND CONBTRUCTION TRADE8 DEPT. A. F. L. - C. I. O. 24 WELL~ AVENUE, N.E. · DIAL ~ -- 3e~.-3401 -- ~ ROANOKE, VIRGINIA 24010 ALL SUCCESSFUL BIDDERS AND THEIR SUE-CONTRACTORS COMPLY WITH THE FOLLOWING: 1. Show reasonable effort Co utilize the regional work force. 2. A sCats-certified Apprenticeship or training program. Proof of experience in the particular type of construction and have adequate administrative and logistic capabilities to perform the con- tracted work. ', Proof of up-to-date tax payments, (Unemployment Compensation, Social Federal, SCats and Local Taxes). licenses, Security, 5. A b, onafided Pension Program adhering to all ERISA guidelines. 6. A bonafided Health Insurance Plan with Em- ployer contributions. 7. A Federal I.D. number, for all bidders and their sub-contractors. 8. Be financially sound. Identify themself as an independent company, if a subsidiary, then it% parent company and all subsidiaries of it% own. 10. An established grievance procedure to resolve any problems which may arise between the Em- ployer and the Employees. Any contractor found to be in violation or debarred from bidding on any other publlc funded work will be disquallfled. Office of the City Clerk August 27, 1990 File #258-308 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30229-82790 approving an agreement between the City, Virginia Tech Real Estate Fouhdation, Inc., and Virginia Polytechnic Institute and State University ~or development of a Conference Center adjacent to and on the pro- perty of the former Hotel Roanoke. Resolution No. 30229-82790 was adopted by the Council of the City of Roanoke at a regular meeting held on .Monday, August 27, 1990. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Dr. James D. McComas, President, VPI & SU, 210 Burruss Hall, Blacksburg, Virginia 24061 Mr. Minnis E. Ridenour, Executive Vice-President and Chief Business Officer, VPI & SU, 210 Burruss Hall, Blacksburg, Virginia 24061 Dr. Raymond D. Smoot, Jr., Vice-President for Business Affairs and Treasurer, VP~ & SU, 312 Burruss Hall, Blacksb~rg, Virginia 24061 Mr. William F. Clark, Director of Public Works Mr. Brian J. Wishneff, Chief of Economic Development Room 456 Municipa) Building 215 Church Avenue, S.W. Roenoke, Virginie 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of August, 1990. No. 30229-82790. VIRGINIA, A RESOLUTION approving an agreement between the City, Virginia Tech Real Estate Foundation, Inc. and Virginia Polytechnic Institute and State University for development of a Conference Center adjacent to and on the property of the former Hotel Roanoke; and authorizing appropriate City officials to exe- cute the requisite agreement. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The agreement between the City, Virginia Tech Real Estate Foundation, Inc., and Virginia Polytechnic Institute and State University providing for the development of a Conference Center adjacent to and on the property of the former Hotel Roanoke, the terms and conditions of said agreement being substantially as set forth in the Agreement attached to the August 27, 1990 report and is hereby APPROVED. 2. The Mayor, or of the City Manager to this Council, be in his absence the Vice Mayor, and City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the appropriate agreement, said agreement to be in such form as is approved by the City Attorney. ATTEST: City Clerk.