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HomeMy WebLinkAboutCouncil Actions 10-01-90Fitzpatrick (30252) REGULAR ~EEKLY SESSION ...... ROANOKE CITY COUNCIL October 1, 1990 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. All Present. The invocation will be delivered by The Reverend Douglas Keffer, Pastor, Edgewood Christian Church. Present. The Pledge of Allegiance to the Elag of the United of America will be led by Mayor Noel C. Taylor. States C-1 C-2 CONSENT AGENDA (Approved 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND ~ILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE ~ILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM ~ILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A communication from Mayor Noel C. 7aylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissioas and com- mittees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. A report of the City Manager requesting aa Executive Session to discuss acquisition and/or use of real property for public purposes, and/or disposition of publicly held property and to discuss specific legal matters requiring the provision of legal advice by counsel, specifically relating to the terms and conditions of a proposed agreement for new regional landfill facilities, pursuant to Sections 2.1-344 (A) (3) and 2.1-344 (A) (7), Code of Virginia (1950), as amended. (1) RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss acquisition and/or use of real property for public pur- poses, and/or disposition of publicly held property and to discuss specific legal matters requiring the provision of legal advice by counsel, specifically relating to the terms and conditions of a proposed agreement for new regional landfill facili- ties, pursuant to Sections 2.1-344 (A) (3) and 2.1-344 (A) (7), Code of Virginia (1950), as amended. C-3 A communication an Executive Session the appointment of a Section 2.1-344 (A) RECOMMENDED ACTION: from Vice-Mayor Howard E. Musser requesting to discuss a personnel matter, specifically specific public officer, in accordance with (1), Code of Virginia (1950), as amended. Concur in request for Council to convene in Executive Session to discuss a personnel matter, specifically the appointment of a specific public officer, in accordance with Section 2.1-344 (A) (i), Code of Virginia (1950), as amended. C-4 A list of items pending from July 10 1978, through September 24, 1990. ' RECOM,~ENDED ACTION: Receive and file. C-5 Qualification of ~r. Joel M. Schlanger as Director of Finance for the City of Roanoke for a term of two years, commencing October 1, 1990, and ending September 30, 1992. RECOMMENDED ACTION: Receive and file. C-6 Qualification of Ms. Mary F. Parker as City Clerk for the City of Roanoke for a term of two years, commencing October 1, 1990, and ending September 30, 1992. RECOMMENDED ACTION: Receive and file. C-7 Qualification of Ms. Hallie B. Albergotti as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a term ending August 31, 1994. RECOMMENDED ACTION: Receive and file. A request of the City Manager for an Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of an agreement with the City of Roanoke Redevelopment and Housing Authority relating to an economic development project, pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. Mrs. Bowles arrived at 2:10 p.m. (2) o REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: A communication from the Roanoke City School Board recommending appropriation of $40,938.00 for repairs to the ~illiam Fleming High School Field House; and appropriation of $164,641.00 for the 1990-91 Chapter II program. Adopted Ordinance No. 30252-10190. (7-0) Reports of Officers: a. City Manager: Briefings: 1. A report with regard to the City Manager/Citizen review of human relations in the City of Roanoke. No Action. Items Recommended for Action: A report with regard to the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~. to Salem Avenue, S. ~. Adopted Ordinance No. 30253-1090; Resolution No. 30254-10190; Ordinance No. 30255-10190; and Resolution No. 30256-10190. (7-0) A report recommending authorization to execute a ~emorandum of Understanding with the City of Roanoke Redevelopment and Housing Authority for administration of the 1990 Rental Rehabilitation Program. Adopted Ordinance No. 30257-10190. (6-0, Mr. Harvey abstained from voting.) A report recommending approval of a Change Order to the contract with Bio Gro Systems, Inc. for sludge removal at the Sewage Treatment Plant, to increase the contract amount to $80.29 per dry ton to meet State pH require- ments. Adopted Resolution No. 30258~10190. (7-0) A report recommending authorization to execute a revised conditional permit to allow a structure located at 3804 Melrose Avenue, N. ~., to continue encroaching into the public right-of-way on Adams Street, N. ~. Adopted Ordinance No. 30259 on first reading. (7-0) (3) 8. Introduction and Consideration of Ordinances and Resolutions: a o Ordinance No. 30250, on second reading, granting to Roanoke & Botetourt Telephone Company the right, for the term and upon the conditions herein stated, to use the streets, alleys and public ways to erect, construct, operate and maintain a fiber optic telecommunication system and to construct, install and maintain fiber optic cable and associated equipment, including poles, wires, cables, conduits and appurtenances necessary to the sale and distribution of fiber optic telecommunication services in and along the streets, alleys and other public ways in the City of Roanoke, Virginia; and establishing conditions controlling the exercise of said franchise and regulating the manner of using the streets, alleys and public ways. Adopted Ordinance No. 30250-10190. (7-0) Ordinance No. 30251, on second reading, authorizing a contract between the City and Roanoke Memorial Hospitals providing for an exchange of real property upon certain terms and conditions. Adopted Ordinance No. 30251-10190. (6-0, Mayor Taylor abstained from voting.) Mr. Bowers left the meeting at 2:30 p.m. Reports of Officers: a. City Manager: A report recommending authorization to execute contracts with The Salvation Army for payment of ser- vices delivered by the Abused ~omen's Program and the Homeless Program to citizens of the City. Adopted Resolution No. 30260-10190. was absent.) (6-0, Mr. Bowers Reports of Committees: A report of the committee appointed to tabulate bids received for the realignment and relocation of Thirlane Road, N. ~., recommending award of a contract to S. R. Draper Paving Company, in the amount of $1,261,160.07; and appropriation of funds therefor. Council Member ~illiam ~hite, Sr., Chairman. Adopted Ordinance No. 30261-10190 and Ordinance 30262-10190. (6-0, Mr. Bowers was absent.) A report of the ~ater Resources Committee recommending submission of a formal application to the Federal Emergency Management Agency for possible purchase by the Federal government of certain floodprone property in the 1900 block (4) 10. of ~eadowbrook Road, N. ~., under the Flood Purchase Program, and acceptance of any property resulting from federal purchase for open green space. Council Member Elizabeth T. Bowles, Chairman. Adopted Ordinance No. 30263-10190. (6-0, Mr. Bowers was absent.) Unfinished Business: None. Motions and Miscellaneous Business: Inquiries and/or comments by the ~ayor and Members of City Council. In connection with the display of yellow ribbons in recognition of the armed forces in the Persian Gulf, Mr. Musser advised that the following two suggestions had been offered by citizens for consideration by the City Manager and the Roanoke Regional Airport Commission: 1. the placement of yellow ribbons on flag poles located at the War Memorial in Lee Plaza; and a joint ceremony with the Roanoke Valley Veterans Council in which yellow ribbons would be placed on the flag poles at the Roanoke Regional Airport, with the exception of the United States Flag and the State of Virginia Flag. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: Certification of Executive Session. (5,0, Mr. Fitzpatrick left the meeting at 4:05 p.m., during the Executive Session.) Appointed Richard L. Jones - Architectural Review Board Reappointed John S. Edwards ) Roanoke Civic Center Robert D. Edwards ) Commission (5) Office of the Mayor October 1, 1990 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and corr~nittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Noel C. Taylor Mayor NCT:se Room452 MunicipalBuJlding 215Church Avenue, S. W,Roanoke, Virginia 24011 (703)981-2444 Roanoke, Virginia October 1, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: I request that Council convene in Executive Session to discuss acquisition and/or use of real property for public purposes and/or disposition of publicly held property and to discuss specific legal matters requiring the provision of legal advice by counsel, specifically relating to the terms and conditions of a proposed agreement for new regional landfill facilities pursuant to Sections 2.1-344(A) (3) and 2.1-344(A) (7), Code of Virginia (1950), as amended. ctfully submitted, W. Robert Herbert City Manager WRH:KBK:afm CC: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Office of the Councit October 1, 1990 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss a personnel matter, specifically the appointment of a specific public officer, in accor- dance with Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. ~. Mu Vice-Mayor HEM:sw Room 456. Municipa1Buildi~g 215 Ch~,¢hA~enue, $ W Roanoke. Virginia 24011 (703)981-2541 Pending Items Referral Date 7/10/78 2/23/87 6/20/88 1/9/89 8/14/89 8/14/89 12/18/89 from July 10, 1978, through September 24, 1990. Referred To City Manager Item Recommendation No. 11 con- tained in the Mayor's 1978 State of the City Message. (Development of Mill Moun- tain hotel.) Regional Cable Television Committee Request of Cox Cable Roanoke for a renewal of their fran- chise agreement in order to simplify and clarify langu- age, make certain additions and deletions, and extend the term. Regional Cable Television Committee Communication advising of Cox Cable Roanoke's intent to seek renewal of the Cable Television Franchise in the City of Roanoke. City Manager Matter with regard to speed- ing on Hemlock Road, N. W. City Manager Mayor's 1989 State of the City Recommendation No. 10 establish linear parks with flowers, street scenes, benches and walkways at the proper points on both sides of the railroad. City Manager Trade and Convention Center Committee Mayor's 1989 State of the City Recommendation No. 12 - consider the conversion of the former Railway Passenger Station into a visitor's center if the property is made available to the City in the future. City Attorney Communication from Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals, requesting an amendment of Section 62(8), Zoning, of the City Charter to provide that the terms of members of the Board of Zoning Appeals shall be staggered so that no more than two members will be eli- gible for reappointment at any given time. -1- Pending Items from July 10, 1978, Referral Date Referred To 1/8/90 City Attorney 6/25/90 City Manager City Attorney Director of Finance 7/9/90 City Manager Director of Finance 7/9/90 City Manager 7/23/90 City Manager 7/23/90 City Manager through September 24, 1990. Item Requested to conduct a review of the City's Zoning Ordi- nance to determine if stronger regulations and management procedures are in order for certain zoning mat- ters. A communication from Vice- Mayor Beverly To Fitzpatrick, Jr., with regard to potential benefits of a lobbyist to assist elected officials with certain projects which are important to the economic vitality of the City of Roanoke. Matter with regard to the Pay Plan for Roanoke City employees. Request of Mr. Ted H. Key, Executive Director, William- son Road Area Business Association, Inc., that the City fund the balance of $9,494.00 needed to complete the beautification - land- scape project at Breckinridge Middle School. Request to provide a more conclusive report and recom- mendation with regard to an "Employee of the Year" Program as recommended by the Mayor. Request to submit a report and recommendation to Council in conjunction with the realignment of Second Street/ Gainsboro Road and Wells Avenue to provide for the buying of power and telephone lines along Jefferson Street in the vicinity of the historic sanctuary of First Baptist Church to be known as "Old First." -2- Pending Items from July 10, 1978, Referral Date Referred To 8/13/90 City Manager 8/27/90 City Manager 8/27/90 City Manager 8/27/90 City Manager City Attorney Director of Finance 8/27/90 City Manager 8/27/90 City Manager through September 24, 1990. Item Petition from managers and owners of certain retail stores located in Southwest Plaza requesting the removal of a traffic sign which pro- hibits left turns from Grandin Road Extension onto Mudlick Road, S. W. at cer- tain hours of the day. A communication from Council Member David Ao Bowers pro- posing that certain actions be taken to prepare for a possible deficit in funding from the Commonwealth of Virginia. Requested to investigate the feasibility of instituting an "Adopt-A-Program," an arrange- ment whereby businesses could fund a specific City program for a certain period of time. Request of Habitat for Humanity in the Roanoke Valley to be granted a tax- exempt status on certain lots located in the City which are owned by Habitat to be used as sites for constructing houses for sale to low income families at cost. Communication from the South- western Virginia Building and Construction Trades Council expressing concern over the bidding process to be used for the expansion and renova- tion of the Hotel Roanoke. 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 Science Museum. -3- Pending ftems from July 10, 1978, through September 24, 1990. Referral Date 9/17/90 Referred To City Manager Item Mayor's 1990 State of the City Recommendation No. 1 - consider turning the Mill Mountain Star to an appro- priate color in recognition and in honor of our armed service personnel in the Middle East. Mayorfs 1990 State of the City Recommendation No. 2 that Monday, December 24, 1990 will be given to Roanoke City employees as a Christmas holiday. Mayor's 1990 State of the City Recommendation No. 3 that the City Manager be given backing and support as he establishes the Task Force on Racial Understanding. Mayor's 1990 State of the City Recommendation No. 4 establishment of a new per- manent Legislative Committee of City Council to assume a policy-making role with respect to our legislative efforts. Mayor's 1990 State of the City Recommendation No. 5 that City administrators take every possible action to assure the continuation of the high quality of services provided for the citizens of Roanoke, as budget adjust- ments are made at the State level which may have a serious impact on the Roanoke City budget. Mayor's 1990 State of the City Recommendation No. 6 - recommending favorable con- sideration of the merger of the Roanoke City and Roanoke County governments. -4- Pending Items Referral Date 9/17/90 9117/90 9/17/90 9/17/90 9/17/90 9/17/90 9/24/90 from July 10, 1978, Referred To City Manager City Manager Mayor City Manager City Manager City Attorney City Manager City Manager City Manager through September 24, 1990. Item Remarks of David M. Nance with regard to the removal of the traffic sign which prohi- bits left turns from Grandin Road Extension onto Mudlick Road, S. W., between the weekday hours of 7:00 a.m. and 9:00 a.m. Remarks of Barry L. Marsh, representing Roanoke Valley Swimming, Inc., with regard to the construction of an indoor swimming facility to be located between Fishburn Park Elementary School and Madison Middle School. Communication from Vice- Mayor Howard E. Musser recom- mending the formation of a coalition of local government officials of southwest Virginia. Communication from Richard F. Pence, Attorney, transmitting a petition on behalf of Yellow Cab Services of Roanoke, Inc., requesting an increase in the rates pre- sently charged for taxicab service and for-hire automo- biles in the City of Roanoke. Request to contact the Roa- noke Valley Veterans Council with regard to installing flags on Elm Avenue in front of Community Hospital. Petitions in support of placing a large yellow ribbon on the Mill Mountain Star in recognition of the military personnel in the Persian Gulf. Request to report to Council with regard to parking for those City employees who work in the downtown area. -5- Pending Items from July 10~ 1978~ Referral Date Referred To 9/24/90 City Manager through September 24, 1990. Item Request of Mr. Melvin Garrett for funding in the amount of $75,000.00 to be used for a program geared toward youth, to be known as "Reach and Teach." -6- 0-2 Oath or Affirmation of Office 8ta~e of Virginia, Cit~l of Roanoke, to .wit: I, Joel ~... Schlanger , do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Director of Financ~ of the City of Roanoke, for a term o'l: two years co~encing Office of the City Clerk September 19, ~990 File ~15-1 ~r. Joel ,~. Schlanger Director of' Finance Roanoke, Virginia Dear ~r. $chlanger: ~t a regular meeting of the Cou~cil of the City of Roanoke held on ~,onday, September 17, 1990, you were reappointed as Director of Finance of t~e City of Roanoke, for a term of two years com- mencing October 1, 1990, and ending September 30, ~992. Enclosea you ~ill find a Certificate of your reappointment Oath or Affirmation of ©ffice which may be administered Clerk of the Circuit Court of the City of Roanoke. Please return one copy of the Oath of Office to the undersigned prior to geptember 30, 1990. and an by the Sincerely, Mary F. Parker, City Clerk C~C/AAE ~FP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 C©M~ON~EALTH OF CITY OF ROANOKE V I RG I N I A ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of RoanoKe aha keeper of the records thereof, ao hereby certify that at a regular meeting of Council held on the seventeenth day of September, 1990, JOEL M. SCHLANGER, was reappointed as Director of Finance of the City of Roanoke, for a term of two years commencing October 1, 1990, and ending September 30, 1992. Given under my hand and the Seal of the City of Roanoke ni~eteenth day of September, 1990. this City Clerk 0-2 Oath or Affirmation of Office Sta~ of Virginia, Cit~l of Roanoke, to .wit: I, llar~ F. Parker ., do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform ali the duties incumbent upon me as City Clerk of the City o£ Roanoke, for a term of two year~ commencing October 1, 1990 ~nd er.cii~'~~ September 30, 1992. according to the best of my ability. Subscribed and sworn to before me, this So help me God. Office of the City Clerk September 19, 1990 File #15-38 Ms. Wary F. Parker City Clerk Roanoke, Virginia Dear Us. Parker: At a regular meeting of the Council of the City of Roanoke held on Monday, September 17, 1990, you were reappointea as City Clerk, for a term of two years, Deginning October i, 199U, aha enaing September 30, i992. Enclosed you will fi~d a Certificate of your reappointment ana an ~ath or Affirmation of Office whicn may be administered by the Clerk of the Circuit Court of the City of Roanoke. Please retur~ one copy of the Oath of Office to the unaersigned by September 30, 199~. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa ~nC . Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 CGMMON~'EALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Sandra H. Eakin, Deputy City Clerk, and as such Deputy City Clerk of the Council of the City of Roanoke and keeper of the records thereof, ao hereby certify that at a regular meeting of Council held on the seventeenth day of September, 1990, ~ARY F. PARKER was reappointed as City Clerk of the City of Roanoke, for a term of two years commencing October 1, 1990, end ending September 30, 1992. Given under my hand and the Seal of the City of Roanoke this nineteenth day of September, 1990. Deputy City Clerk Office of the City Clerk October 3, 1990 File #15-178 Dr. ~ndell H. Butler, Chairman Roanoke Redevelopment and Housing 2~18 Andrews Roaa, N. Roanoke, Virginia 24017 Authority Dear Dr. Butler: This is to advise as a Commissioner of Housing Authority for a you that Ms. Hallie B. Albergotti has qualified the City of Roanoke Redevelopment and term ending August 31, 1994. Sincerely, ~ Mary F. Parker, CMC/AAE City Cler~ MFP:ra pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 0-2 Oath or Affirmation of Office ~tate o~ Virginia, Citst o~ Roanoke, to .u~t: I, txa~i2e b. A~.ber~otti ., do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Go~ai~£io~:er c! kite City of ~oa~cke Kcdeveiopment and Hou~img Authority, for a te~m ending Augumt 31, 1994. according to the best of my ability. So help me God. Subscribed and sworn to before me, thls ('~day of, Office of the City Clerk September 19, 1990 File #15-178 Ms. Hallie B. AlDergotti 3750 Southway Drive, S. ~., Roanoke, Virginia 24014 Apt. Dear Ms. Albergotti: At the regular meeting of the Council of the City of Roanoke held on Monday, September 17, 1990, you were reelected as a Commissioner of the City of Roanoke Redevelopment and Housing Authority, for a term endin~ August 31, 1994. Enclosed you will find a :ficate of your reelection and an Oath or Affirmation of 0~ ~hich may be administered by the Clerk of the Circuit Court ' City of Roa~o~e, located on ~ne third floor of the Roan~ y Courts Facility, 315 Church Avenue, S. ~. Please return one copy of ~ath of Office to Room 456 in the Municipal Building prior to ~eving in the capacity to which you were reelected. For your information and pursuant to Section 2.~-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 Enc o pc: Dr. ~endell H. Butler, Chairman, Roanoke Redevelopment a~d Housing Authority, 2118 Andrews Road, N. W., Roanoke, Virginia 24017 ~r. Herbert D. Mc~riae, Executive Director, Roanoke Redevelopme~t atld Housing Auti~ority, 2624 Salem Turnpike, N. W., Roanoke, Virgini, 24017 Room 456 Municipal Building 215 Chur: ~enue, S.W. Roanoke, Virginia 24011 (703) 981.2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, ~ary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the seventee~ y of September, 1990, HALLIE B. ALBERGOTTI was reele~ ~d as ~ amissioner of the City of Roanoke Redevelopment and Hou$. :g Authority, for a term ending August 31, 1994. Given under my hand and the Seal of the City of Roanoke this nineteenth day of September, 1990. City Clerk October 1, 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 term and conditions of an agreement with the City of Roanoke Redevelopment and Housing Authority relating to an economic development project pursuant to §2.1-344(A)(7), Code of Virginia (1950), as amended. Very truly yours, W. Robert Herbert City Manager WRH:shm cc: Mary F. Parker, City Clerk ~'fice of the City Clerk October 3, 1990 File #60-467 Mr. Joel ~. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30252-10190 aalending and reordaining certain sections of the 1990-91 General, Capital Projects, and Grant Funds Appropriations, providing for the appropriation of $40,938.00 for repairs to the ~illiam Fleming High School Field House, and $164,641.00 for the 1990-91 Chapter II Program, said Program to be reimbursed by Federal (unds in the amount of $138,257.00 and local match of $26,384.00. Ordinance No. 30252-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, Octover 1, 1990. Sincerely, ~/~~ Mary F. Parker, CMC/AAE City Clerk ~FP:ra Enc o pc: ~r. W. Robert Herbert, City Manager Mr. James M. Turner, Jr., Cilairman, Roanoke City School Board, P. O. Box 1689, Salem, Virginia 24153 Dr. Frank P. Tota, Superintendent of Schools, P. 0. Box 13145, Roanoke, Virginia 24031 ~r. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. 0. Box 13105, Roanoke, Virginia 24031 Mr. Barry L. Key, ~ana~er, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN ~IbHK COUNCTL OF T~il~ CItY OF ROANOI~, VIRGINIA The 1st Day of October, 1990. the No. 30252-10190. AN ORDINANCE to amend and reordain certain sections of 1990-91 General, Capital Projects, 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, Capital Projects, and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A_Rp_~ipriations Education Instruction (1) .................................... Other Uses of Funds (2) ............................ $65,821,331 48,420,243 967,334 Capital Projects A ro riations Education William Fleming Field House Repairs (3) ............ Revenue Due from Insurance Company (4) ..................... $12,050,505 353,638 $ 253,638 Grant Fund A o r'ati ns Education Chapter II 90-91 (5-20) ............................ $21,996,275 164,641 Education Chapter II 90-91 (21-22) ................ 1) Retirement - VSRS 2) Transfers to Grant Fund 3) Approp. from Third Party 4) Due from Ins. Company 5) Writing Lab Aide 6) Soc. Security 7) State Retirement 8) Health Ins. 9) State Group Life Ins. 10) Library Mat. 11) Visiting Teachers 12) Soc. Security 13) State Retirement 14) Health Ins. 15) State Group Life Ins. 16) Admin., & Research 17) Soc. Security 18) State Retirement 19) Health Ins. 20) State Group Life Ins. 22) Local Match 22) Federal Grant Receipts (001-060-6001-6000-0202) (001-060-6005-6999-0911) (008-060-6071-6896-0851) (008-1260) (035-060--6229--6004--0141) (035-060-6229-6004--0201) (035--060-6229-6004-0202) (035-060-6229-6004--0128) (035-060-6229-6004-0205) (035-060--6229--6214--0613) (J35-060-6229-6231-0123) (035--060-6229-6231-0201) (035-060-6229-6231--0202) (035--060-6229-6231-0128) (035-060-6229-6231--0205) Grants (035-060-6229-6665-01i4) (035-060-6229-6665-0201) (035-060-6229-6665-0202) (035-060-6229-6665-0128) (035-060-6229-6665-0205) (035-060-6229-110~) (035-050-6229-1102) BE IT FURTHER ORDAINED that, Ordinance shall be in effect from its passage. $21,996,275 164,641 $( 26,384) 26,384 40,938 40,938 18,516 1,417 3,103 2,850 198 3,343 70,060 5,360 11,742 2,850 750 34,290 2,623 5,747 1,425 367 26,384 138,257 an emergency existing, this ATTEST: City Clerk. DEPARTMENT OF FINANCi~ CITY OF ROANOK£, VA, October 1, 1990 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger School Board Request for Appropriations funding $40,938 I have reviewed the attached request to appropriate for the School Board. This report will appropriate from insurance proceeds to the William Fleming account in the Capital Projects Fund. This report will also appropriate Chapter II federal and local matching funds in the Grant Fund. Funds for the local match for fringe benefits were specifically budgeted for in the Education category of the General Fund in the following account: · Retirement - VSRS (001-060-6001-6000-0202) $26,384 I recommend that you concur with this request of the School Board. JMS/kp Attachment Jam~s M. Turn~, Jr., Cholrman .Sallye T. Coleman, Vice Chairman Ma~llyn C Cuff:Is Roanoke City School Boord Ernanuel C. Edwards 1boreas L chr Ann D. Plncus Velma lB. Self Aank P. Toca, Sup~lntenden~ Richard l Kelley, Clerk of the Board P.O 8ox 13105. Roanoke, Virginia 24031 · 703-981-2381 September 19, 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 September 18, 1990, the School Board respectfully requests City Council to appropriate $40,938.00 for repairs to the William Fleming High School Field House. The total cost of repairs will be reimbursed by proceeds from insurance. The Board further requests the appropriation of $164,641.00 for the 1990-91 Chapter II program. The program will be reimbursed by federal funds in the amount of $138,257, with a local match of $26,384. The approval of these requests will be appreciated. Richard L. Kelley Clerk of the Board and Executive for Business Affairs rg cc: Mr. Dr. Mr. ro ro James M. Turner, Jr. Frank P. Tota William L. ML~rray, Jr. Kenneth I~. Mundy, Jr. WE"Robert Herbert Wilburn C. Dibling Joel M. Schlanger (with accounting details) Excellence In Education RO/L~OKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION RE~UEST William Fleming High School Field House Repairs 6071 008-060-6071-6896-0851 Repairs to School Appropriation Unit ZHO $ 40,938.00 The above appropriation request represents an additional amount for repairs to the William Fleming High School Field House based on the architect's revised estimate for completion. Total repairs will be reimbursed by proceeds from insurance. September 18, 1990 RO~J~OKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Chapter II 90-91 6229 035-060-6229-6004-014i 035-060-6229-6004-0201 035-060-6229-6004-0202 035-060-6229-6004-0128 035-060-6229-6004-0205 035-060-6229-6214-0613 035-060-6229-6231-012~ 035-060-6229-6231-020l 035-060-6229-6231-0202 035-060-6229-6231-0128 035-060-6229-6231-0205 035-060-6229-6665-0114 035-060-6229-6665-020) 035-060-6229-6665-0202 035-060-6229-6665-0128 035-060-6229-6665-0205 Appropriation Unit Z2Q Writing Lab Aide $ 18,516.00 Social Security 1,417.00 State Retirement 3,103.00 Health Insurance 2,850.00 State Group Life Insurance 198.00 Library Materials 3,343.00 Visiting Teachers 70,060.00 Social Security 5,360.00 State Retirement 11,742.00 Health Insurance 2,850.00 State Group Life Insurance 750.00 Administrator, Grants & Research 34,290.00 Social Security 2,623.00 State Retirement 5,747.00 Health Insurance 1,425.00 State Group Life Insurance 367.00 $ 164,641.00 035-060-6229-1101 035-060-6229-1102 Local Match Federal Grant Receipts 26,384.00 138,257.00 164,641.00 The 1990-91 Chapter II program will provide funds for the improvement of instructional services in the school district. The program will be reimbursed by federal funds in the amount of $138,257. Local match in the amount of $26,384 will be provided from account 001-060-6001-6000-0202. The program will end June 30, 1991. September 18, 1990 Office of the City Manager October 1, 1990 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, Virginia 24011 Dear Mayor Taylor and Members of City Council: Subject: Maintaining and Enhancing Positive Community Relations in the City of Roanoke On September 7, 1990, I informed you by letter that I was in the process of obtaining additional information and insights from local community leaders with regard to Mayor Taylor's recommendation for me to appoint a group of citizens to look at critical community issues which directly impact the social health of our community. I also indicated in that correspondence that I would be making an announcement on this date with respect to how I intended to proceed on this very important assignment. First, let me suggest to you that maintaining and enhancing community relations in the City of Roanoke is not a new endeavor. While preparing myself for this assignment, I was able to review the files pertaining to the activities of the Community Relations Committee which was appointed by City Council in late 1969. The records reveal that this committee was composed of twelve members appointed by City Council, who were charged with reviewing the state of com- munity relations in the City of Roanoke with regard to municipal employment, affordable and safe housing, recreational opportunities, police-community rela- tions, and public education. The committee, which was originally an ad hoc group, was later established by resolution in May of 1973. To its credit, the committee was able to develop reports and recommen- dations which led to improvements in various city parks; increases in the police budget with respect to personnel, equipment and training; input into the process which initiated the Gainsboro Housing Redevelopment program; participation in community meetings established by the school board to address concerns related to the full integration of the public schools; a recommendation for establishing the position of Assistant to the City Manager for Community Relations which was approved and still exists today; and a review of the City's affirmative action program as well as suggested personnel employment practices to enhance manage- ment level minority hiring practices. In 1978, as the City matured in its use of citizen participation programs at all levels, the committee voluntarily recommended to City Council that it be abolished in favor of the organization- wide techniques. Room 364 Muniopal Building 215 Churc~ Avenue, S.W. Roonoke~ Virginia 24011 (703)981-2333 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council October 1, 1990 Page Two Today, I believe the concerns that cause us to revisit the subject of community relations are just as important as those expressed by the community in 1969. They simply have a different origin as well as impact. Based upon numerous discussions with citizens of our community regarding this matter, as well as my own personal thoughts, I believe that we are faced with a need to define, better understand, and manage a number of very difficult social issues which have arisen out of the need for the community at large to adjust to rapid global change and conflicting social values at the grassroots level. The presence of crime, unemployment, problems associated with dropping out of school, the perceived lack of recreational activities and changes in the basic family structure all contribute to a sense of hopelessness that can even- tually lead to community stress and conflict. The City's community partici- pation programs have gained strength and popularity over the last 12 years but, obviously, have not adequately addressed these and other emerging issues that directly impact the social and economic health of our community. Therefore, it is my intent to establish a committee which will assist me in conducting a comprehensive evaluation of the community relations issues that threaten to stymie the social and economic growth of our City. The committee shall be called the City Manager's Task Force to Study Community Relations in the City of Roanoke. The task of the group shall be to develop the method (including citizen participation strategies) for the study, and guide its imple- mentation. The group will consist of 21 members who will be chosen from various fields of endeavor including at least two members from the youth population of our community. I intend to have the task force appointed no later than October 15, and will endeavor to call the first meeting during enhance the group's opportunities for success, the week of October 15. To I have employed a professional facilitator from the Conflict Clinic at George Mason University. This facili- tator, Mr. Wallace Warfield, has considerable experience in this area to provide start-up guidance to the group. Afterwards, I would expect the group to select its own leadership in order to implement the study plan. In addition, I have pledged myself to be available upon request to meet with this group to provide any assistance possible. During the Neighborhood Partnership's Tenth Anniversary celebration, an important activity was the business luncheon where the guest speaker was Mr. Lawrence Fromme, Secretary of Economic Development for the Commonwealth. His presentation contained some very important messages regarding our need to ensure the social health of our neighborhoods as they are indeed the foundations for our overall economic program. This effort which I am announcing today, has as The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council October 1, 1990 Page Three its foundation my belief that we must address any real and/or perceived social needs at the community level if the ecouomic strategy we have been endeavoring to implement over the last ten years is to achieve its objectives. I see this task force as an opportunity to focus on the future. It is counter productive to look back and try to change the past. But we can and will do an assessment of where we are and where we want to go. This is most clearly an opportunity to move ahead on our mission to make Roanoke the best place to live and work in the South. I believe this task force can have an profound impact on achieving that goal. Respectfully submitted, W. Robert Herbert City Manager WRH:EBRJr:mp Office of the City Clerk October 3, 1990 File #514-511-20 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: [ am attaching copy of Resolution No. 30256-~0190 approving the issuance of Amendment No. 6 to the City's contract with Mattern and Craig, Consulting Engineers, for services performed in con- nection with the ~idening and Realignment of Second Street/Gainsbora Road and ~ells Avenue, said additional services shall not exceed $66,476.37, with a total contract amount not to exceed $1,639,677.77. Resolution No. 30256-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October 1, 1990. Sincerely, Mary F. Parker, City Clerk CMC/AAE MFP:ra Enc. Dc: Mattern & Craig, Consulting Engineers, 701 First Street, S. ~., Roanoke, Virginia 24016 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works ~r. Charles ~. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations ~r. Barry L. Key, ~anager, Office of ~anagement 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 1st Day of October, 1990. No. 30256-10190. ROANOKE, VIRGINIA, A RESOLUTION approving the City Manager's issuance of Amendment No. 6 to the City's contract with Mattern & Craig, Consulting Engi- neers, for services performed in connection with the Widening and Realignment of Second Street/Gainsboro Road and Wells Avenue. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Amendment No. 6 to the City's con- tract with Mattern & Craig, Consulting Engineers, dated January 26, 1988, in order to provide for additional services to be performed in connection with the above-referenced projects.' 2. Such Amendment shall provide for the services set forth in the City Manager's report to Council dated October 1, 1990, and the cost of those additional services shall not exceed $66,476.37, with the total contract amount not to exceed $1,639,677.77. ATTEST: City Clerk. Office of the City Clerk October 3, 1990 File #514-511-20 Mr. W. Robert Herbert City ~anager Roanoke, Virginia Dear ,Yr. Eerbert: I am attaching copy of Ordinance No. 30255-10190 providing for the acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. W.; authorizing you to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by conaemnation, under certain circumstan- ces; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. ~.. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 1990. Sincerely, ~ Mary F. Parker, C,~C/AAE City Clerk MFP:ra Enc. pc: ~r. Mr. Mr. Mr. Joel ~. Schlanger, Director of Finance William F. Clark, Director of Public Works Charles ~. Huffine, City Engineer Kit B. Kiser, Director of Utilities and Operations Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk Qctober 10, 1990 File #514-511-20 Mr. M. S. Eollis Urban £ngineer Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear Mr. Hollis: I am enclosing copy of Ordinance No. 30255-10190 providing for the acquisition of rights-of-way neeaea by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., ~o Salem Avenue, S. W.; authorizing you to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-may by condemnation, under certain circumstan- ces; authorizing the City to make motion for the award of a right of entry on arty of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1~ 1990. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra E~c. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 3, 1990 File #514-51i-20 Crystal ?o~er Associates 145 Campbell Avenue, $. Roanoke, Virginia 24011 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of~~ay needed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. W.; authorizing the City Manager to fix to a certain limit the consideration to be offered Dy the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for tile purpose of commencing the widening and realignment of Second Street/Cainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 1990. 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 ©ctoOer 3, 1990 File #514-511-20 C. S. ~. Associates P. 0. box 1046 Crundy, Virginia 24614 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the wiaeni~g and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the a~;ara of a rignt of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Cainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. W.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10196 was adopted by tile Council of the City of Roanoke at a regular meeting ~eld on Monday, Gctober 1, 1990. Sincerely, ~~ Mary F. Parker, C_~IC/AAE City Clerk ~4FP: ra En c. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 3, 1990 File #514-511-20 L & ~ Properties c/o Mr. John Lipscomb 3635 Manassas Drive, S. Suite B Roanoke, Virqinia 24018 Dear Ur. Lipscomb: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way neeaea Dy the City for the widening and realignment of Second Street/Gainsboro Road from Grange Avenue, N. W., to Salem Avenue, S. W.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rigi~ts-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the a~ard of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on .~onday, ©ctoPer 1, 1990. Sincerely, p~._~.~..~ Mary F. Parker, C~iC/4AE City Clerk MFP:ra ~nc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 3, 1990 File #5i4-511-20 ~s. Cyttthia S. Gardner 6072 Oriole Lane, S. ~. Roanoke, Virginia 2~018 Dear ~s. Gardner: I am enclositig copy of Ordinance No. 30255-10190 providing for acquisition of riqhts-of-way needed by the City for the widening a~ld realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; authorizing the City ~anager to fix to a certain limit the consideration to be offered by the City for the riqhts~of-way; providing for the City's acquisition of such rights-of-way by conaemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordi~tance to ti~e affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on ~¥Io,~day, October 1, 1990. Sincerely, ~~ ~lary 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 October 3, 1990 File #514-511-20 R. H. Cowe Estate c/a First National Exchange Bank Trust Department P. O. ~ox 13327 Roanoke, Virginia 24040 Ladies and Gentlemen: [ am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. W.; authorizing the City ~anager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road fram Orange Avenue, N. ~'., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 36255-10190 was adopted by the Council of the City of RoanoKe at a regular meetin9 held on ~onday, October 1, 1990. Sincerely, ~~ ~4ary F. Parker, C,~4C/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 October 3, 1990 File #514-511-20 ~©METCO Coca-Cola Bottling Company of Roanoke, Inc. Shenandoah Avenue, N. ~. RoanoKe, Virginia 24017 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for ti~e widening and realignment of Secona Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by conaemnation, under certain circumstances; authorizing the City to make motion for the a~ard of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Secona Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. W.; and directing the mailing of tAis ordinance to the affected property owners. Ordinance No. 30255-10190 was aaopted by the Council of the City of Roanoke at a regular meeting bela on nday, October 1, 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) 981-2541 Office of the City Clerk October 3, 199u File #514-511-20 CenLral Investors P. O. Box 20809 Roanoke, Virginia 24018 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisitiott of right~-of~~ay needed by the City for the ~idening and realignment of Second Street/Gainsboro Road from Crange Avenue, N. W., to Salem Avenue, $. W.; authorizing the City Manager to ['ix to a certain limit the consideration to be offered by the City for the rights-of-ray; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award o~ a right o[ entry on any of the affected real estate for ti~e purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, 5. ~.; and directing the mailing of thi~ ordinance to ~he affected property owners. Ordinance No. 30255-10190 was adopted Dy t~e Council of the City of Roanoke at a regular meeting held on Monday, October 1, 1990. Sincerely, ,~4ary F. Parker, C~C/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (?03) 981-2541 Office of the City Clerk October 3, 1990 File #514-511-2~ Mr. Theoaore J. Ealich, III Executive Director Total Action Against Poverty P. ©. Box 2868 ~oanoke, Virginia 24001 Dear Mr. ~alich: I am enclosing copy of Ordinance No. 30255-101~u providing for acquisition of r; ~i~ts-of-way needed by the City for the widenirtg and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. W.; authorizin~ the City ~anager to fi~ to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, unaer certain circumstances; authorizing the City to make motion for the award of a righ[ of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second S[reet/Gainsboro Roan from Orange Avenue, ~. W., to Salem Avenue, S. W.; and directing the mailing of this ordinance to the affected property o~ners. Ordinance No. 30255-10190 was aaopted by the Council of the City of Roanoke at a regular meeting held on Monday, ~ctober 1, 1990. Sincerely, p~_~_~ Mary F. Parker, C~4C/AAE City Clerk MFP : ra £nc . Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk ~ctober 3, 199~ File #514-511-20 Arthur L. ~Dtkins Estate 1618 Loudon Avenue, N. ~. Roanoke, Virqinia 24016 Ladies and Gentlemen: I am enclosing copy o[ Ordinance No. 30255-10190 providing for acquisition of rights-of~May ;ieeaeu by the City for the ~idening and realignment of Second Etreet/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. ~.; authorizing the City ~anager to fix to a certain limit the consideration to De offered by the City for the riqhts-of-~ay; providing for the City's acquisition of suca rig~ts-of-woy Dy condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second S~reet/Gainsooro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a reqular meeting held on ¥ionday, October 1, 1990. ,~ary F. Parker, C~C/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 October 3, 1990 File #514-511-20 Commonwealth of Virgi,~ia uepartment of the Treasury Division of Unclaimed Property P. ©. Box 3oR Richmond, Virginia 23247 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rigi~ts-of-~ay needed ay the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. W.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the ab'ara of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. W.; ann directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adop~ed by the Council of the City of Roanoke at a regular meeting held on ~onaay, October 1, 199~. Sincerely, /~~ Mary F. Parker, CMC/AAE City Clerg ~FP: ra En c. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 3, 1990 File #514-511-20 Ms. Carmella C. Calloway 1449 Evarts Street, N. E. Washington, D. C. 20018 Dear ~4s. Cal loway: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. W.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of suc~ rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. W.; and directing t~e mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 ~s adopted by the Council of the City of Roanoke at a regular meeting t~eld on ~onday, October 1, 1990. Sincerely, ,~~ ~ary F.~arKer 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 Cctober 3, 1996 File #514-51~-20 Mr. Dennis L. Newbiil P. ~. Box 92 Blacklick, Ohio 43004 Dear ~.r. Yewbill: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of~way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, ~. ~., to Salem Avenue, S. 0.; authorizing the City Manager to fix to a certain limit the consideration to be offered Dy t~e City for the rights-of-way; providing for the City's acquisition of sucii rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on a~y of the affected real estate for the purpose of commencing the wiaening ann realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; ann directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was aaopted by the Council of tne City of Roanoke at a regular meeting i~eld on ~onday, OctoOer 1, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk qFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk ~ctoDer 3, 1990 File #514-511-20 ~s. Ora B. Gill Ms. H. Ruth Bargyh 10 Cardiner Place ~ontclair, ~ew Jersey 07042 Dear Ms. Gill and Ns. 8argyh: I am enclosing copy of Ordinance No. 30255-~0i90 providing for acquisition of rights-of-way needed by the City for the ~idening and realignment of Second Street/Gainsboro Road from ©range Avenue, N. ~., to Salem Avenue, S. W.; authorizing the City ~anager to fix to a certain limit the consideration to be offered by t~e City for the rights-of-way; providing ]'or the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizin~ the City to make motion for the award of a right o~ entry on any of tne a~fected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this orainance to t~e affected property owners. Grdinance No. 30255-1019~ was adopted Dy the Council of the City of RoanoKe at a regular meeting heid on ~onday, October 1, 1990. Sincerely, ~,o-~ ~lary F.a~arker, C,~IC/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 October 3, 1990 File ~514-511-2~ Liberty Investment Corporation c/o Ur. ~ Mrs. ~ayne Ayer$ 6893 Campbell Drive Salem, Virginia 24153 Dear Mr. & Mrs. Ayers: I am enclosinq copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, ~. ~., to Salem Avenue, S. W.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rigats-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October 1, 1990. Sincerely, ~4ary F. Parker, C~4C/AAE City Clera MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W, Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 3, 1990 File #514-o11-20 Ur. & Mrs. ~alter ~heaton 1202 Mercer Avenue, N. ~. Roanoke, Virqinia 24017 Dear ~r. & Mrs. ~heaton: I am ef~closing copy of Grainance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the ~idening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; authorizing the City ,~anager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property o~ners. Ordinance No. 30255-10190 ~as adopted ~y tne Council of the City of Roanoke at a regular meeting ~eld on Monday, ©ctober 1, 1990. "~-~ ~'Sincerely' ~~ ,Wary F. Parker, C~4C/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 Gctober 3, ~990 File #514-511-20 Mr. & Mrs. ~'illiam SinKler 17 Hale Avenue Salem, Virginia 24153 Dear ~r. & ~rs. Sinkler: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way neeaed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; authorizing the City ~anager to fix to a certain limit the consideration to be offered by the City for tt~e rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for tile purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. ~.; and directing the mailing of this orainance to the affected property owners. Ordinance No. 30255-10190 was adopted by t~e Council of the City of Roanoke at a regular meeting held on ~onday, October 1, 1990. Sincerely, ~~ ~4ary F. Partrer, C~C/AA£ 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 October 3, 199~ File #514-511-20 Mr. G. R. Manning 4127 Woodbridge Drive, S. Roanoke, Virginia 24018 Dear ~_r. ~lanning: I am enclosing copy of ©rdinance Ho. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignme~t of Second Street/Gainsboro Road from ©range Avenue, N. W., to Salem Avenue, S. ~'.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to ma~e motion for the a~ard of a rigat of entry on any of the affected real estate for the purpose of commencing the widening ann realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by t~e Council of the City of Roanoke at a regular meeting held on Monday, October 1, ~990. Sincerely, ~ary F. Parker, City Clerk CMC/AAE MFP:ra ~nc. Room 456 Municipal Building 2'15 Church Avenue, S.W. Roanoke, Virginia 240'1'1 (703) 981-254'1 Office of the City Clerk Cctober 3, 199~ File #514-511-20 Mr. T. ~eldon Us. Reoecca Y. Hale 2501 Lakeview Drive, N. Roanoke, Virginia 24017 Dear ~r. ~eldon and ~. Hale: I am enclosing copy o/' Grdinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/GainsOoro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; authorizing the City Manager to fix to a certain limit the consideration to be offered by tire City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 3U255-1019~ was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 1990. Sincerely, Mary F. Parxer City Clerk C~C/AAE ~FP : r a Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk OctoOer 3, 1990 File #514-511-20 ~r. Heroert D. ~cBriae Executive Director Roanoke Redevelopmel~t a,,d Bousing Authority P. ©. Box 6309 Roanoke, Virginia 24017 Dear Yr. ~c~ride: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening a,~d realignment of Second Street/Cainsboro Road from Orange Avenue, N. ~'., to Salem Avenue, S. ~.; authorizing the City ~anager to fix to a certain limit the consideration to be offered Dy the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Roan from Orange Avenue, N. W., to Salem Avenue, S. ~.; and directing the mailing of t~is ordinance to the affected property owners. Ordinance No. 30255-1~190 ~s adopted by the Council of the City of Roanoke at a regular meeting nela on ~onday, October 1, 199~. Sincerely, ~ary F. Parker, C~C/AA£ 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 October 3, 1990 File #514-5il-20 ~s. Evelyn P. Jenkins ~714 Griffin Avenue Richmond, Virginia 23222 Dear Ms. Jenkins: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-Hay needed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; authorizing the City ~anager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstar~ces; authorizing the City to make motion for the a~ard of a right of entry on any of the affected real estate for the purpose of commencing t~e widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, $. ~.; ann directing the mailing of this ordinance to the affected proDerty owners. ~rdina;~ce No. ~0255-1019~ was adopted Dy ~ae Council of tile City of Roanoke at a regular meeting held on ~Aoaday, ©ctober 1, 1990. Sincerely, ~_~_.~ ~ary F. Parker, C~C/AAE City Clerk ~FP:ra E~C. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 3, 1990 File Ms. Katherine ~. Jefferson 122 ~ells Avenue, N. ~. Roanoke, Virginia 24016 Oear Vs. Jefferson: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening ann realignment of Second Street/GainsDoro Roan from Orange Avenue, N. W., to Salem Avet~ue, S. ~.; authorizing the City ~anager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to ma~e motion for t~e award of a right of entry on any of the affected real estate for the purpose of commencing the widening ann realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October 1, 1990. Sincerely, ~.~ ~lary F. Parker, C~IC/AAE City Clerk ~IFP: ra Enc . Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk ~ctober 3, 1990 File #514-511-2~ gr. Joseph ~onsour 111 ~iis Avenue, N. ~. Roanoke, Virginia 24016 Dear ~4r. ~4onsour: I am enclosing copy of Ordinance No. 30255~10190 providing for acquisition of rights-of-way neeaea Dy the City for the wiaening ann realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. Wo; authorizing the City ~anager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such riga~s-of-way by conaemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of $~cond Street/Gainsboro Roan from Orange Avenue, N. W., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affectea property o~ners. Ordinance No. 30255-10190 was adopted by t~e Council of the City of Roanoke at a regular meeti~g hela on Monaay, October 1, 1990. Sincerely, ~ ~ary F. Parker, C~C/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of Ihe City Clerk October 3, 1993 File #514-511-20 Mr. E. ClaOon Edwards 119 ~ells Avenue, N. RoanoKe, Virginia 24016 Dear Mr. Edwards: I am enclosing copy of Ordinance ~o. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Roan from Orange Avenue, N. W., to Salem Avenue, S. W.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. ~.; and directing the mailing of tJ~is ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 1990. Sincerely, ~~ Mary ~. ParKer, CMC/AAE City Clerk ~FP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 991-2541 Office of the City Clerk October 3, 1990 File #514-511-20 Ms. Sandra C. Cabbler 801Grayson Avenue, N. ~. ~oanoke, Virginia 24016 Dear Ms. Cabbler: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Cainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. W.; authorizing the City Manager to fix to a certain limit the consideratioa to be offered by ihe City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make molion for the a~ara of a right of entry oa any of the affectea real estate for the purpose of commencing the widening and realignment of Second Streel/GainsDoro Roan from Crange Avenue, ~. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affectea property owners. Ordinance No. 30255-1~190 was adopted by the Council of tile City of Roanoke at a regular meeting held on ~onday, October 1, 1990. kT"-'~-~'~ 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 October 3, 1990 File #514-511-20 Mr. Norris J. Cabbler ~s. Mary ~at~ins 4812 Northwood Drive, N. W. Roanoke, Virginia 24017 Dear ~r. Cabbler and Ms. Watkins: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. ~.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the righ~s-of-way; providing for the City's acquisition of such rights-of-way by condemnation, unaer certain circumstances; authorizing the City to make motion for the award of a right of entry on any of t~e affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 1990. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk ~FP:ra ~nc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 3, i990 File #514-511-20 Ms. Savannah G. Reams c/o Ifs. Florida Graves 1439 ©range Avenue, N. ~. Roanoke, Virginia 24017 Dear ~S. Graves: I am enclosing copy o~ Grdinance ~o. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Granqe Avenue, N. ~., to Salem Avenue, S. ~.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizinq the City to make motion for the a~ard of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was aaopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October 1, 1990. Sincerely, Nary F. Parker, CMC/AAE City Clerk ~dFP: ra Enc . Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 3, 1990 File #514-511-20 Trustees of first Baptist Church 310 North Jefferson Street Roanoke, Virginia 24016 Ladies and Gentlemen: ] am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by co~demnation, under certain circumstances; authorizing the City to make motion for tite award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second ~treet/Gainsboro Road from Orange Avenue, N. ~'., to Salem Avenue, $. ~.; and directing the mailing of this ordinance to the affected property o~ners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 1990. Sincerely, Mary F. Parker, City Clerk C~4C/AAE ~FP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 3, 1990 File #514-511-20 Ns. Malena B. Law 5413 Liq,~tning View Road Columbia, Maryland 21045 Dear ~s. Law: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/GainsDoro Road from Orange Avenue, N. W., to Salem Ave~ue, S. W.; authorizinq the City ~anager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. W.; ann directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by t~e Council of the City of Roanoke at a regular meeting held on Monday, October 1, 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) 981-2541 *rifice O! the City Clerk October 3, File #514-511-20 Ms. ~able S. Bentley i309 Crescent Street, Roanoke, Virginia 24017 Dear Ms. Bentley: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening a~td realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; authorizing the City Manager to fix to a certain limit the consideration to be offered Dy the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second ~treet/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October i, 1990. Sincerely, ~lary F. Parker, City Clerk CMC/AAE MFP: r a Enc . Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (7'03) 981-2541 Office of the City Clerk October 3, 1990 File #014-511-20 Mr. George 0. Grogan 113 Gilmer Avenue, N. ~. Roanoke, ~irginia 24017 Dear Yr. Grogaa: I am e~closing copy of Grdina.ce No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. W.; authorizing the City ~anager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certaia circumsta~ces; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, ~. W., to Salem Avenue, S. ~.; aaa directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, ~ctober 1, 1990. Sincerely, Mary F. Parker, C~IC/AAE City Cler,~ MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office ol the City Clerk Cctober 3, 1990 File #514-511-20 Mr. James Brooks ~s. nancy Jones 11i Gilmer Avenue, N. ~. Roaz[oke, Virginia 24017 Dear Mr. Brooks and ~s. Jones: ~ am enclosing copy of ©rdinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, $. W.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rights-of-~ay; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing ti~e ~idening and realignment of Second Stree[/Cainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. W.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 1990. Sincerely, ~~ Mary F. Parker, C~C/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 October 3, 1990 File #514-511-20 ~r. Aubrey g. Pullen, Sr. Mr. Don G. Pullen 3004 Ferncliff Avenue, N. Roanoke, Virginia 24017 Gentlemen: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/GainsDoro Road from Orange Avenue, N. W., to Salem Avenue, S. ~.; authorizing the City ~anager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to ma~e motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. W.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted oy the Council of the City of RoanoKe at a regular meeting held on ~onday, October 1, 1990. Sincerely, ~ary F. Parker, C~C/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 October 3, 1990 File #514-511-20 Mr. Lasalle Petty, Jr. 6215 Suitland Road Suitland, ~aryland 20023 Dear ~r. Petty: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. W.; authorizing the City ~anager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October 1, 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) 981-2541 Office of the City Clerk October 3, 1990 File #514-511-26 Ns. Constance E. Johnson Ms. G~endolyn L. La~rence 628 - loth Street, N. ~. Roanoke, Virginia 24016 Dear Ms. Johnson and Ms. Lawrence: I am enclosing copy of Ordinance No. 30255-1019u providing for acquisition of rights-of-way needed by the City for the widening ann realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. W.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-~ay by condemnation, under certain circumstances; authorizing the City to make motion for the a~ard of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Cainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by t~e Council of the City of Roanoke at a regular meeting held or[ Monday, October 1, 1990. Sincerely, ~~ ~Jary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municipal Buitding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk October 3, 199~ File #514-511-20 Impac~ Housi~tg Corporation 401 First Street, N. ~. Roanoke, Virginia 24016 Ladies and Ge~tlemen: I am enclosing copy of Ordinance No. 30255-i0190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/GainsDoro Road from Grange Avenue, N. W., to Salem Avenue, S. W.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City'~ acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to ma~e motion for the award of a right of entry on any of the affected real estate for tile purpose of commencing the widening and realignment of Second Street/Gainsooro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 3~255-10190 was adopted by the Council of the City of Roanoke at a regular meeting ~1eld on ~onday, October 1, 1990. Sincerely, ~ ~4ary F. Par~er, C,~4C/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 October 3, 1990 File #514-$11-20 Mr. Ivan ~. Winston, Jr. Mr. L. ~. Wood, III 5347 Luwana Drive, S. ~. Roanoke, Virginia 24018 Dear Hr. ~i~[ston and Mr. ~ooa: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. W.; authorizing the City Manager to fix to a certain limit the consideration to be offerea by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second S~reet/Gainsboro Roan from Orange Avenue, N. W., to Salem Avenue, $. ~.; and directing the mailing of this ordinance to the affected property owners. ©rdinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October 1, 1990. Sincerely, Wary F.~arker, C~C/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 ~ctober 3, 1990 File #514-511-20 ~r. R. L. Waae 5375 ~hillum Place, N. E. ~ashington, D. C. 20011 Dear Mr. ~,ade: I am enclosi,[g copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gaiasboro Road from Orange Avenue, N. ~., to Salem Avenue, S. W.; authorizing the City Manager to fix to a certain limit the consideration to De offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under cerLain circumstances; authorizing the City to make motion for the award of a right of entry on any of The affected real estate for the purpose of commencing the wide,~ing and realignment of Second Street/Gainsboro Roan from Orange Avenue, N. ~., to Salem Avenue, S. ~.; and directing t~e mailing of this ordinance to the affected property owners. Ordinance No. 3~Z55-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monuay, October 1, 1990. Sincerely, ~~ ~4ary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (?03) 981-2541 Office of the City Clerk October 3, 1990 File #514-511-20 Gainsooro Branch Library 17 Gainsboro Road, N. ~. Roaiioke, Virginia 24016 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realig~tment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. W.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke a~ a regular meeting held on Monday, October 1, 1990. Sincerely, Nary 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 October 3, 1990 File #514-511-20 Ms. Dorothy R. Richardson 7613 Sprinkle Court Richmond, Virginia 2322~ Dear ~s. Richardson: i am enclosing copy of Orainance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening ann realignment of Second Street/Gainsboro Roan from Orange ~ve~ue, N. ~., to Salem Avenue, S. ~.; authorizing the City 14anager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rigats-of-way by condemnation, unaer certain circumstances; authorizing the City to make motion for the a~ard of a right of entry on any of the affected real estate for t~e purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of tae City of Roanoke at a regular meeting held on ~onday, October 1, 1990. Sincerely, ~~ ~4ary F. ~arker, CMC/AAE City Clerk ,~FP: ra E~I c. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virqinia 24011 (703) 981-2541 Office of the City Clerk OctoDer 3, 1990 File #5i4-511-20 Our Lady of the Valley, Inc. 5015 ~illiamson Road, ~. W. Roanoke, Virginia 24012 Laaies and Gentlemen: I am enclosing copy of Grdinance No. 3~255-1~190 providing for acquisition of rights-of-way needed by the City for the widening ann realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; authorizing the City Manager to fi~ to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, $. ~.; an~ airecting the mailing of this ordinance to the affected property owners. Ordinance No. 3~255-10190 was adopted by t~e Council o~ the City of Roanoke at a regular meeting held on ~onday, ~ctober 1, ~990. 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 Olfice of the ~ity Clerk October 3, 1990 File #514-511-20 Ur. Robert J. Sparrow z02 Rutherford Court, ~. ~. Roanoke, Virginia 24016 Dear Hr. Sparrow: I am enclosing copy of Ordinance No. 30255-10190 providinq for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~,., to Salem Avenue, S. W.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignmen~ of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem 4venue, S. ~.; and directing the mailing of this ordinance to the affected property owners. ©rainance No. 30255-10190 was adopted by the Council of the City of Roanoke a~ a regular meeting held on Monday, October 1, 1990. Sincerely, ~/~~ Wary F. Parker, C~C/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 October 3, 1990 File #514-511-20 ~s. Sharon C. Coleman 201 Rutherford Court, N. Roanoke, Virginia 24016 Dear Ns. Coleman: I am enclosing copy of ©rdinance No. 30255-10190 providing for acquisition o~ rights-of-way needed by the City for the widening and realignmet~t of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; authorizing the City ~anager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of~way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/GainsDoro Road from Orange Avenue, N. W., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October ~, 1990. Sincerely, ~~ Mary F.~ar~er, C~4C/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 Gctober 3, 1990 File #514-511-20 Innkeeper Motor Lodge of Roanoke, c/o ~r. Robert Daly 2245 North Hills Raleigh, North Carolina 27612 Dear ~r. Daly: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. ~.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstaaces; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted Dy the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 1990. Mary F. Parker, CMC/AAE City Clerk ,YFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City C~erk ©ctober 3, 1990 File #514-511-20 Mr. Reid Jones, Jr. Route 4, Box 663 Moneta, Virginia 2412l Dear :~r. Jones: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Secona Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; authorizing the City ~anager to fix to a certain limit the consideration to be offered Dy the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by conaemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Grange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affectea property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting bela on ~onday, October 1, 1990. Sincerely, ~~ Mary F. Parker, CMC/A~E City Cler~ ~FP:ra Eno. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 3, 1990 File #514-511-20 Ms. Katherine ~. jefferson 122 ~,ells Avenue, N. W. Roanoke, Virginia 24016 Dear ~s. Jefferson: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Grange Avenue, N. ~., to Salem Avenue, S. ~.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motio~[ for the awaru of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road fram Orange Avenue, N. W., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted oy the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 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) 981-2541 Office of the City Clerk October 3, 1990 File #514-511-20 Ms. ~ary Virginia L. Vaug;~al~ 1715 Bellevue Avenue, Apt. B-327 Richmond, Vi rginia 23227 Dear ~s. Vaughan: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way neeaed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. W.; authorizing She City ~anager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the ~idening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 1990. Sincerely, ~4ary F. Parker, CMC/AAE City Clerk VFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S~W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk October 3, 1990 File #514-511-20 The Katie Foy Estate c/o Ms. Elizabeth C. Dill 335 ~untington Boulevard, R~a~oke, Virginia 24012 Dear ~s. Dill: I am enclosing copy of ~rdinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening ana realignment of Second Street/Gainsboro Road from ©range Avenue, N. ~., to Salem Avenue, S. W.; authorizing the City ~anager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. W.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, ©ctober 1, 1990. Sincerely, Mary F. Parker, City Clerk CMC/AAE MFP : ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 3, 1990 File #514-511-20 Bishop of the Roman Catholic Diocese 631 North Jefferson Street Roanoke, Virginia 2401~ Dear Bishop: I am enclosing copy of Orainance No. 30255-10190 providing for acquisition of right~-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Grange Avenue, N. ~., to Salem Avenue, S. W.; authorizing the City ~anager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Cainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. W.; and directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by tl~e Council of the City of Roanoke at a regular meetinq held on Monday, October 1, 199~. Sincerely, Mary F. Parker, CMC/AAE City Clerk ~4FP : r a Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 3, 1990 File #514-511-20 ~s. Sallie A. ~'hite c/o Mr. J. H. ~hite P. O. Box 6258 Roanoke, Virginia 24017 Dear ~r. ~hite: I am enclosing copy of Ordinance No. 30255-10190 proviaing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. ~.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the wiaening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. W.; ana directing the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of RoanoKe at a regular meeting held on Monday, October 1, 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) 981-2541 Office of the City Clerk October 3, 1990 File #514-511-20 Clayior, Inc. 811Grayson Avenue, N. ~'. Roanoke. Virginia 24016 Laaies and Genilemen: I am enclosing copy of Ordinance No. 30255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from ©range Avenue, N. ~., to Salem Avenue, S. W.; authorizing the City ~anager to fix to a certain limit the consideration to be offered by the City for the rights-of-way; providing for the City's acquisition of such rights-of-way by condemnation, under certain circumstances; authorizing the City to make motion far the award of a rigat of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Grange Avenue, N. W., to Salem Avenue, S. W.; and directing ti~e mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting nela on ~onaay, Gctober 1, 1990. Sincerely, ~l~.~ ~ary F. Parker, CMC/AAE City Cler~ ~iFP : ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk ©ctoDer 3, 1990 File #514-511-20 Dr. Frank P. Tara Superintendent of Schools P. ©. Box 13145 Roanoke, Virginia 24031 Dear Dr. Tara: I am enclosing copy of Ordinance No. 3U255-10190 providing for acquisition of rights-of-way needed by the City for the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. ~.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the rights-of-may; providing for the Ciiy's acquisition of such rights-of-way by condemnation, under certai~ circumstances; authorizing the City to ma~e motion for the a~ara of a right of entry on arty of the affected real estate for tl~e purpose of camme~tcing the ~idening and realignment of Second Street/GainsDoro Road from Crange Avenue, N. ~., to Salem Avenue, S. ~.; and directing the mailing of this ordinance to the affected property owners. ©rainance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, ©ctober ~, ~99~. Sincerely, ~ary 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 OctoOer 3, ~990 File #514-5~1-2~ Mr. Calvin Johnson Executive Director Y~CA of Roanoke Valley P. ©. Box 213U Roanoke, Virginia 24009 Dear Mr. Johnson: ~ am enclosing copy of Ordinance No. 30255-10190 proviaing for acquisition of rights-of-way needed Dy the City for tt~e [~idening aud realignment of Second Street/Gainsboro Road from Orange Avenue, N. ~., to Salem Avenue, S. ~.; authorizing the City ~anager to fix to a certain limit the consideration to De offerea by the City for ti~e rights-of-way; providing for the City's acquisition of such ri~hts-of-way by condemnation, unaer certain circun~ :ces; auti~orizing the City to make motion for the award of a ; of entry on auy of the affected real estate for ~he purpose "' commencing the widening and realignment of Second Street/G~noboro Road from Grange Avenue, N. ~., to Salem Avenue, S. W.; and directinq the mailing of this ordinance to the affected property owners. Ordinance No. 30255-10190 was adopted by the Council of the City of Roanoke at a regular meeting ~ela on ~onday. Gctober 1, 1990. Sincerely, ~'?~.___ Mary F. Parker, C&IC/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st Day of October, 1990. No. 30255-10190. AN ORDINANCE providing for the acquisition of right-of-way needed by the City for the widening and realignment of Second Street/Galnsboro Road from Orange Avenue, N. W., to Salem Avenue, S. W.; authorizing the City Manager to fix to a certain limit the consideration to be offered by the City for the right-of-way; providing for the City's acquisition of such right-of-way by con- demnation, under certain circumstances; authorizing the City to make a motion for the award of a right of entry on any of the affected real estate for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem, Avenue, S. W.; directing the mailing of this ordinance to the affected property owners; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the widening and realignment of Second Street/ Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. W., in this City, the City wants and needs right-of-way described in Attachment E to the report of the City Manager on this sub- ject, dated October 1, 1990, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary real estate with appropriate ancillary rights with respect to the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, S. W., to Salem Avenue, S. W., for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid interests in land such consideration as he deems appropriate; provided, however, the total consideration offered or expended shall not exceed $1,000,000 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective considera- tions to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any of the aforesaid interests in land to be acquired or should any such owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of such owner be unknown, the City Attorney is authorized and directed to insti- tute condemnation or legal proceedings to acquire for the City the appropriate property. 4. In instituting or conducting any condemnation proceed- ing, the City Attorney is authorized to make motion on behalf of the City for entry of any order, pursuant to §25-46.8, Code of Virginia (1950), as amended, granting to the City a right of entry for the purpose of commencing the widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S. W.. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into court the sums offered to the respective owners. 5. The City Clerk is directed to mail a copy of this ordi- nance to the respective owners identified in the report of the City Manager on this subject. 6. 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 October 3, 1990 File #514-511-20 Mr. W. Robert Herbert City ~4anager Roanoke, Virginia Dear Hr. HerDert: I am attaching copy of Resolution No. 30254-10190 approving the location and major design features of the Second Street/Gainsboro Road Project; deciaring the intent of the City to acquire necessary rights-of-way for the Project; and authorizing execu- tion of railroad and utility agreements required in conjunction with acquiring such rig~[s-of-way. Resolution No. 30254-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October ], 1990. Sincerely, ~~ ~lary F. Parl~er, CMC/AAE City Clerk MFP:ra Eric o pc: Mr. Joel ~. Schlanger, Director of Finance Mr. William F. Clark, Director of Public WorKs ~r. Charles ~. Buffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations 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 Office of the City Clerk October 10, 1990 File #514-511-20 Mr. M. S. Bollis Urban Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear ~4r. Hollis: I am enclosing copy of Resolution No. 30254-10190 approving the location and major design features of the Second Street/Gainsboro ~oaa Project; declaring the intent of the City to acquire necessary rights-of-way for the Project; and authorizing execu- tion of railroad and utility agreements required in conjunction with acquiring such rights-of-way. Resolution No. 30254-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 1990. Sincerely, Mary F. Parker, C~4C/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 Qctober $, 1990 File #60-514-511-20 Mr. Jo2l M. Schlanqer Director of Finance Roanoke, Virginia Dear ~r. Schlanger: I am attaching copy of Ordinance No. 30253-10190 amending and reordaining certain sections of the 1990-91 Capital Funa Appropriations, providing for appropriation of total State front funding, in the amount of $1,266,476.00, and the transfer of a local match, in the amount of $33,324.00, in connection with ti~e widening and realignment of Second Street/GainsDoro Road from ©range Avenue, N. ~., to Salem Avenue, S. ~. Ordinance No. 30253-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October 1, 1990. Sincerely, r' , C~C/AAE Mary r City Clerk MFP : r a Enc. pc: Mr. W. Robert Herbert, City Manager Mr. ~illiam F. Clark, Director of Public Works Mr. Charles M. Buffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Barry L. Key, Manager, Office of Management aha Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 {703) 981.2541 IN '£tfl~ CO~i~CIL OF '£~ CI~l~f OF ROANOKE, VIRGIN~ The 1st Day of October, 1990. No. 30253-10190. AN ORDINANCE to amend and reordain certain sections of the 1990-91 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Roanoke that certain sections of the Appropriations, be, and the reordained to read as follows, same are in part: Council of the City of 1990-91 Capital Fund hereby, amended and A ro riations Streets and Bridges 2nd Street/Gainsboro/Wells Avenue (1-2) ............ Capital Improvement Reserve Public Improvement Bonds Series 1988 (3) ........... $ 7,874,070 3,013,355 (5,088,251) 1,404,049 Revenue Due from State - 2nd Street (4) .................... $ 1,827,139 1) Approp. from Bonds (008-052-9547-9001) $ 33,324 2) Approp. from State (008-052-9547-9007) 1,266,476 3) Streets and Bridges (008-052-9603-9181) ( 33,324) 4) Due from State - 2nd Street (008-1233) 1,266,476 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: .Roanoke, Virginia '~tober 1, 1990 SUBJECT: WIDENING AND REALIGNMENT OF SECOND STREET/GAINSBORO ROAD FROM ORANGE AVENUE, N.W. TO SALEM AVENUE, S.W. I. Background: City Council, at its meeting on April 13, 1987, unanimously approved Resolution Nos. 28607 and No. 28608 which requested the Virginia Department of Transportation (VDOT) to program projects for roadway widening and realignment to include: 1. First Street/Gainsboro Road from Madison Avenue, N.W. to Salem Avenue, S.W. 2. Wells Avenue, N.W. from Williamson Road to First Street, N.W. 3. Intersection of Orange Avenue and Gainsboro Road These projects were subsequently included in VDOT's Six-Year Highway Improvement Program. Be Redevelopment of the Henry Street Area and improved access to down- town Roanoke required that a more expeditious method be found to proceed with improvements on First Street/Gainsboro Road and Wells Avenue. On July 27, 1987 City Council authorized agreements with the VDOT by which the City assumed responsibility for administering all aspects of the First Street/Gainsboro Road and Wells Avenue projects. Pre- liminary engineering phase would be generally handled on the normal 95%-VDOT and 5%-City cost-sharing basis. On December 21~ 1987 City Council awarded an engineering services re- imbursement with a cost ceiling contract to Mattern & Craig, P.C., Consulting Engineers, and appropriated $50~117.00 for payment of invoices from the VDOT for the City's five percent share of this contract. Mattern & Craig's original contract amount was $1,002,342.24. Page 2 E. "Downtown North" study results for the Downtown North Development Plan, released at May 11, 1989 press conference, included a recommen- dation to construct a four-lane Second Street bridge instead of a four-lane First Street bridge. The Second Street corridor provides a clearer and more well-defined west circumferential route than First Street. The study also suggested realigning Wells Avenue such that it connects with Gilmer Avenue to provide better overall accessibility (see Map Attachment "A"). Existing Gilmer Avenue continues to the west to major north-south crossings such as 5th Street and lOth Street while Wells Avenue currently ends west of First Street. Existin9 Second Street at Salem Avenue carries approximately 4,500 vehicles per day. The traffic volume on Gainsboro Road at Orange Avenue is approximately 7,600 vehicles per day. The traffic volumes for the proposed Second Street/Gainsboro Road project for the design year 2010 are expected to range between 20,700 at Salem Avenue to 18,100 at Orange Avenue. The anticipated traffic will be better served by the proposed roadway project which will be a link in the overall loop system. The loop will consist of: - Williamson Road from Franklin to Wells - Wells Avenue/Gilmer Avenue from Williamson to Gainsboro - Second Street/Gainsboro Road from Gilmer to Franklin - Franklin Road from Second to Williamson Improvements at the intersection of Orange Avenue and Gainsboro Road include the construction of a left-turn lane which will be designed to handle 3,750 vehicles per day (of which 430 would be handled in the morning peak hour) for the design year of 2010. The lane itself will be capable of storing as many as twenty (20) vehicles at a time, which will be controlled by a separate left turn phase in the traffic signal. Neighborhood briefin9 was held on April 24, 1990, to inform interested citizens of the Gainsboro area of the Second Street/Gainsboro Road project plans. The plans were displayed and discussed, and comments and questions were addressed. Proposed design of the Second Street/Gainsboro Road project consists of four 11-foot lanes which will provide for two lanes of travel in each direction. Concrete curb, gutter, and sidewalk will be provided on both sides of the roadway as well as street lights and landscaping behind the sidewalks. A new bridge will span the N&W Railroad tracks and Shenandoah Avenue. A new traffic light will be installed at the intersection of Gainsboro Road and Gilmer Avenue. Page 3 II. Current Situation: Location and Design Public Hearing was held on May 22, 1990, in City Council Chambers, having been preceded by an informal project plan review session on May 21, 1990, for the Second Street/Gainsboro Road project (the Wells Avenue project plans are being designed for a separate public hearing at a future date). The Second Street/ Gainsboro Road public hearing, after due and proper notice was given for considering the proposed location and design of the project, included aerial photographs, drawings and other pertinent information available for public inspection in accordance with state and federal requirements. All persons and parties in attendance were afforded full opportunity to participate. Response to public hearing commentary is summarized in Attachment "B". City staff met with interested citizens from the Gainsboro community on August 9, 1990, to share this response which includes neighborhood enhancements. The proposed design concepts were well received. Amendment Number 6 to the engineering services agreement with Mattern & Craig, P.C., Consulting Engineers is needed to address the design of these neighborhood enhancements. Amendments approved to date by Council for this agreement are summarized on Attachment "C". Cost estimate of $9~500,000 for project eligible items will be shared by the VDOT and the City. The VDOT will pay approximately 95% of the engineering phase costs and 98% of the right-of-way phase and construction phase costs ($9)188~000.00). The City will pay approxi- mately 5% of the engineering phase costs and 2% of the right-of-way phase and construction phase costs ($312,000.00). Resolution from City Council approving the location and major design features of the proposed project as presented at the Public Hearing will enable the Commonwealth Transportation Board to also act upon the project. Approval by Council and the Board would enable the City to begin right-of-way acquisition as early as December 1, 1990. After right-of-way has been obtained, the project would be ready for adver- tisement as early as March 1, 1991, with completion by June 30, 1992. III. Issues: A. Transportation B. Public Hearing Comments C. Engineering Services D. E. Schedule F. ~-Way Acquisition Page 4 IV. Alternatives: City Council approve the location and major design features of the widening and realignment of Second Street/Gainsboro Road from 0.033 miles south of Salem Avenue, S.W. to Orange Avenue, N.W., as presented at the May 22, 1990 Public Hearing; authorize the acquisition of the necessary right-of-way and providing for the City Attorney to have authority to institute condemnation proceedings as necessary; and authorize the City Manager to execute, on behalf of the City, all necessary railroad and utility agreements required in conjunction with acquiring such rights-of-way; and authorize Amendment Number 6 of the engineering contract with Mattern & Craig, P.C., Consulting Engineers to provide an increase of $66,476.37 (subject to VDOT approval) for a total not to exceed $1~639~677.77. Transportation system and safety is greatly improved. The new roadway will enhance access to the downtown area by providing a new north-south corridor which also spans the N&W Railroad tracks. Public Hearing comments have been reviewed and are discussed in detail in Attachment "B". This attachment lists additional efforts which are recommended to provide for a more neighborhood oriented environment, which is sensistive to pedestrian concerns. Engineering services agreement with Mattern & Craig, P.C., Consulting Engineers would be amended to address the design of project related neighborhood enhancements, in the amount of $66,476.37 (see Attachment "D" for fee proposal), subject to VDOT approval. Funding for the City's share of project eligible items is esti- mated to cost $312,000.00 and is being funded from the Streets and Bridges category of the 1988 Bond Series. Transfers are made into the existing Second Street/Gainsboro Road Account (#008-052-9547- 9001) as needed to meet anticipated expenditures. a) Engineering fee amendment is $66,476.37. The five percent City share of $3,323.82 for payment to VDOT needs to be appropriated, ~s transferred from the Streets and Bridges category of the 1988 Bond Series to Account No. 008- 052-9547-9001. b) Appraisal fees are estimated at $200,000.00. The five percent City share of $10,000 for payment to VDOT needs to be appropriated. Right-of-way costs are estimated at $1,000~000.00. The two percent City share of $20,000.00 also needs to be appropriated for payment to VDOT. The total local share of $30)000 will be transferred from the Streets and Bridges category of the 1988 Bond Series to Account No. 008-052-9547-9001. Page 5 e The receivable account for front-funding from VDOT (Account No. 008-052-9547-9007) needs to be increased by the amount of $1~266,476.37 which is the total for the engineering amend- ment, appraisal fees and right-of-way costs in "a" and "b" above. This amount also will be appropriated as front funding from the State. c) Construction funding will be established at such time as con- struction contract is awarded. Schedule is for the City to begin right-of-way acquisition as early as December 1, 1990, (dependent upon City Council and Commonwealth Transportation Board actions). Right-of-way acquisition would be handled by the City in accor- dance with state and federal law. Approximately 82 parcels of land will be affected by the acquisition of right-of-way or ease- ments and the project will displace 9 commercial buildings of which 4 are occupied and 9 residential structures of which 5 are occupied. However, the project will not be advertised for construction until proper replacement housing is found. There are 19 parcels already owned by either the City, VDOT, or RRHA. City Council not approve the location and major design features of the widening and realignment of Second/Street Gainsboro Road fro 0.033 miles south of Salem Avenue, S.W. to Orange Avenue, N.W. as presented at the May 22, 1990 Public Hearing. Transportation and safety along this segment of roadway remains in the same condition. Potential for this corridor to adequately serve the downtown area remains unused. 2. Public Hearin~ comments in support of the project are rejected. 3. Engineerin~ services are not amended. Fundin9 for the City's share is not fully spent. The $925,691.39 spent as of July 7, 1990, for preliminary engineering on this pro- iect, less the City's share of 5% ($46,284.57) leaves a balance of 879~406.82 that the City would be responsible for if it chose to cancel the project at this time. 5. Schedule is not met. 6. Right-of-way is not acquired. Page 6 V. Recommendation is that City Council: Ae Approve the location and major design features of the widening and ~ment of Second Street/Gainsboro Road from 0.033 miles south of Salem Avenue, S.W. to Orange Avenue, N.W. as presented at the May 22, 1990 Public Hearing. Authorize the acquisition of the necessary right-of-way for 82 parcels ~ed on Attachment "E" and providing for the City Attorney to have authority to institute condemnation proceedings as necessary. Authorize the City Manager to execute, on behalf of the City, all necessary railroad and utility agreements required in conjunction with acquiring such rights-of-ways. De Authorize Amendment Number 6 of the engineering contract with Mattern & Cria9, P.C., Consulting Engineers to provide an increase of $66,476.37 (subject to VDOT approval) for a total not to exceed $1,639~677.77. Ee Appropriate total State front funding of $1,266,476.37 to account number 008-052-9547-9007, transfer local match of $33,323.82 from the 1988 Bond Issue Streets and Bridges account to account number 008-052- 9547-9001, and increase the accounts receivable from the State by $1,266,476.37. WRH/RKB/fm Respectfully submitted, City Manager Attachments: A - Map B - Public Hearing Comments C - Amendment Summary D - Fee Proposal E - Right-of-Way CC: Director of Finance City Attorney Director of Public Works Director of Utilities & Operations City Engineer ORANGE AVENUE ATTACHMENT A , %_ RTE. 460 MADISON AVENUE ST., 8.W.I QAINSBORO RD, AVENUE $1LMER AVENUE LEGEND CHURCH ~ SCHOOL LIBRARY 0 PARK & AVENUE UTURE WELLE AVENUE CONNECTI( NORFOLK NORFOLK WESTERN AVENUE THE CO. PROPOSED PROJECT Figure 1 ATTACHMENT B RESPONSE TO PUBLIC HEARING COMMENTARY This summary attempts to respond to all questions and concerns raised at the May 22, 1990 public hearing for Second Street/Gainsboro Road. These responses offer combined answers to questions and concerns that were duplicated or similar in nature. 1. Can the roadway corridor be made a lower-scale pedestrian-oriented thoroughfare with a median and pedestrian signals? The Second Street/Gainsboro Road project includes pedestrian ameni- ties such as sidewalks on both sides of the roadway, trees, streetlights and crosswalks at all signalized intersections. As a result of the public hearing on the project, the City's consultant for landscape/design of the project has recommended making Gainsboro Road more pedestrian friendly by: (a) using crosswalks constructed of pavers at its intersection with Gilmer Avenue and its intersection with Patton Avenue, with pedestrian crossing signs posted at Patton Avenue. (b) providing additional landscaping and provisions for the potential for future parking at the Gainsboro Branch Library. (c) including pedestrian pushbutton devices at the signalized intersections of Gainsboro Road at Gilmer Avenue as well as Gainsboro Road at Orange Avenue. (d) creating a potential "pocket park" area which could be developed as a separate neighborhood project. e A median strip is not included in this project. Typically, small median strips do not provide safe pedestrian areas. To add a substantial median would require an additional 16 to 20 feet of right-of-way. In addition, a wider right-of-way would create a much larger transportation corridor and more adversely affect adjacent residential properties. It is felt that trees along the corridor will buffer adjacent residential properties and create a more attractive pedestrian atmosphere. What will be the impact on Gainsboro's redevelopment and future development? How can the environmental assessment say that this project will not have significant adverse economic, social, or environmental effects, especially with 20,000 vehicles per day forecast for the year 20107 The project is consistent with the Gainsboro Redevelopment Plan adopted in 1976 by City Council and amended for the third time in 1986. The plan recommended improvements to Gainsboro Road for improved traffic control and advocated that the street include sidewalks, street trees, and street lighting. The project is also in accordance with the 1995 Thoroughfare Element of the City's Comprehensive Plan. Page 2 The environmental assessment for the project reviewed social and economic impacts, water, noise, and air quality impacts, and visual impacts. The assessment recognizes that there will be effects on the Gainsboro Neighborhood such as traffic, noise and temporary inconvenience during construction. It was determined however, that the adverse effects would not be signficant. Many measures to minimize adverse effects on the neighborhood have been incorporated into the selected design alternate. As noted above, the City's consultant for landscape/design of the pro- ject has recommended additional measures to make the project more sen- sitive to adjacent residential, institutional, and commercial properties While ultimate traffic volumes of 18,000 - 20,000 vehicles per day are projected for the year 2010, existing traffic improvements for the corridor are currently needed and traffic would be expected to increase even if the project were not constructed. The improvements that have been recommended will ease traffic con- cerns in the neighborhood and provide a better alignment for the road- way. The project will enhance both residential and commercial development in the neighborhood by improving access, providing better pedestrian access and lighting, creating a tree-lined street, and pro- viding new opportunities for development at the intersection of Gilmer Avenue and Gainsboro Road. Vehicle speeds on the new roadway will be a concern. Can the roadway be designed to a maximum 25 mph speed? Design speed for the project is 30 mph. This is based upon certain design criteria for the roadway. The key will be the posted speed which will be 25 mph. Of course, enforcement is the key to maintaining posted speed. Reducing the design speed actually reduces safety. Can the proposed high-pressure sodium street lights be changed to mer- cury vapor street lights as well as reduce the amount of lighting and the height of the street lights to make it a more residential atmosphere? The high-pressure sodium is the standard street lighting adopted by the City for all areas, including residential streets. It is a more economical type of street lighting that will provide better lighting for vehicle and pedestrian safety than the mercury vapor. The "sharp cutoff" feature of the proposed street lights will reduce glare and backlighting that can be objectionable to residences. VDOT requirements for minimum acceptable lighting levels dictate the spacing requirements between street lights. This distance between lights cannot be increased without reducing the lighting levels needed for roadway and pedestrian safety. However, the height of the street lights will be lowered from 35' to 25' Page 3 Be Concern exists for the steep grade for pedestrian traffic along the stairway from the future Patton Avenue cul-de-sac down to Gainsboro Road. Also, the ten percent grade in the Patton Avenue cul-de-sac may be too steep for vehicles to stop in during icy/snowy weather. The project design takes into account the needs of elderly pedestrians by providing steps with landings and handrails which will be constructed from the cul-de-sac to Gainsboro Road. The stairway has been redesigned to provide more breakpoints and landings, which will also lend to a visually softer appearance of the stairway when viewed from Gainsboro Road. Since existing Patton Avenue west of Gainsboro Road has a grade greater than ten percent (and vehicles must also stop at the intersection at Gainsboro Road), the project cul-de-sac will not make this situation worse. For added protection, bollards will be pro- vided at the end of the cul-de-sac. The proposed, twenty (20} foot high retaining wall at this loca- tion has been eliminated in favor of a landscaped slope. This requires the acquisition of two residential structures that were not originally slated for demolition, but is more cost-effective and enhances the aesthetics of this area. Concern exists with respect to the potential for worsening existing flooding conditions at Warehouse Row. Buildings along Warehouse Row are within the lO0-year flood plain. The project will not improve, nor adversely affect these buildings. Flow of stormwater will continue to flow east on Norfolk Avenue as it does today. The bridge will pass over the parking area west of these buildings and will serve as a roof over this area. Water on the bridge will be collected by inlet structures and carried off by a storm drain system. Concerns which were voiced on behalf of Roanoke Times and World News include the potential for worsening existing flooding, impact on clearance for Salem Avenue under the RTWN overpass, and inconvenience related to press room expansion. Consultants and project engineers continue to review the flooding issue with the consultants for RTWN in an effort to best resolve this concern. Impact on clearance for Salem Avenue under the RTWN overpass is not a problem. 8. Have improvements to the First Street and Fifth Street Bridges been abandoned? Page 4 The Fifth Street Bridge is scheduled to be replaced beginning in 1992 after the completion of this project. While the Second Street Bridge is a substitute for the First Street Bridge as a major carrier of vehicles, it remains to be seen how the First Street Bridge will be renovated; however, it is anticipated that it will be retained in some fashion. Concerns that the roadway project, both during construction and after construction, will have a negative impact on the Our Lady of the Valley facility. Specifically, noise, dirt, lights and blasting. Noise and dust during construction will be controlled as prac- ticable using standard VDOT construction procedures for excavation in developed areas, allaying of dust, and erosion and sediment control measures. Although headlights will not directly shine into Our Lady of the Valley, additional street tree plantings will be strategically placed to help shield Our Lady of the Valley from the headlights of passing motorists. The high-pressure sodium street lights will have a sharp cut-off feature that will reduce glare and backlighting. The new roadway will better serve Our Lady of the Valley by serving the future traffic growth along this Gainsboro corridor. A~fACHMENT D MATTERN & CRAIG Project U000-128-116, PE-101, RW-201, C-501 SECOND STREET/GAINSBORO ROAD, CITY OF ROANOKE F. G. H. I. J. K. COST PLUS FIXED FEE CONTRACT (Computation of Fee) DIRECT LABOR, ESTIMATED Principal Senior Engineer Engineer Technician Draftsman Clerical 4-Man Field Crew Rate TOTAL ESCALATION 26.29 28 20.72 254 16.66 184 11.55 736 7.78 16 40.03 _~ 1,230 TOTAL DIRECT LABOR (A + B) PAYROLL BURDEN & GENERAL ADMINISTRATIVE OVERHEAD 18,942.31 X 1.46 FEE BASE (C + D) NET FEE (0.1250) (E) NONSALARy DIRECT COSTS, ESTIMATED *SUBCONSULTANT FEES TOTAL ESTIMATED COSTS (E + F + G + H) CONTINGENCY (E + G) 48,239.63 X 0.05 LIMITING FEE (MAXIMUM TOTAL COMPENSATION) (I + J) $ 736.12 5,262.88 3,065.44 8,500.00 124.48 -- 4~0.36 $18,170.08 $ 772.23 $18,942.31 $27,655.77 $46,598.08 $ 5,824.76 $ 1,641.55 $10,000.00 $64,064.39 $ 2,411.98 $66,476.37 Includes $10,000.00 subconsultant fee for The Architects Design Group. September 28, 1990 City Council City of Roanoke 215 Church Ave., S.W. Roanoke, Virginia 24011 Gentlemen: On behalf of the Catholic Diocese of Richmond, the owner of Our Lady of the Valley Retirement Center, the following information is provided at the request of Bill Clark, Director of Public Works. The Gainsboro improvement project will provide a much needed gateway to Roanoke which will serve visitors and business people for the next 100 or so years. It can project images of Roanoke's vitality and City culture as visitors and business people travel to Roanoke over its pavement. Those images, positive or negative, will have an impact on the visitor who travels over the road for many years. In order for the City of Roanoke to provide positive images for its travelers, it is necessary to develop an attractive street scape that will cause visitors and business men to invest in Roanoke. Just as City Council had the wisdom to improve the city scape of Downtown Roanoke, the City Council should project the same wisdom and vision to Gainsboro Road improvement project in order to make this gateway to the convention center and Downtown Roanoke, one of excitement and vitality. The Diocese of Richmond supports the City of Roanoke's efforts to provide adequate and effective transportation to the City of Roanoke through its gateway to the City; however, the Diocese of Richmond encourages the City of Roanoke to have the vision to provide aesthetically pleasing lighting and street scape that protects the current neighbors and friends that reside on Gainsboro and Wells Avenue. The protection should include handicap access, handicap crosswalks, handicap signaling and that protection should be installed now. There should not be delays based on when the situation merits it. Situation meriting converts to traffic deaths. The City of Roanoke can maintain the current neighborhoods without dividing them and segregating them from each other by the implementation of an effective signalized crosswalk system. 650 JEFFERSON STREET OF THE RETIREMENT COMMUNITY ROANOKE, VA 24016 (703) 345-5111 City Council Page Two September 28, 1990 The City of Roanoke can provide justice and security by providing upscale street scapes that cause its friends and neighbors residing on Gainsboro and Wells Avenue to maintain their neighborhoods in a cohesive and unified manner. The Diocese of Richmond, having invested heavily in Roanoke and in Gainsboro, requests that the the City of Roanoke reciprocate. Specifically, the Diocese of Richmond would ask that you install Metal Halite {white lighting and light standards) identical to those on Jefferson Avenue {with flowered basket in season). The Diocese of Richmond respectfully requests that another review of the design speed occur if the provision of a new street scape can- not occur. A street scape similar to Jefferson Avenue would cause motorists to maintain a 25 MPH driving speed rather than 50 MPH because of the residential appeal the street scape would offer. If the street scape cannot be modified, the City should give serious and deliberate consideration to the implementation of a 25 MPH design speed in order to protect the neighbors and friends that reside along Gainsboro and Wells Avenues. As you know, Hershberger Road, near Valley View Mall, currently has the design speed of 30 MPH, and the traffic along Hershberger Road is proceeding at rates of speed far in excess of 35 MPH. The Diocese of Richmond continues to be concerned about noise production and lighting intrusion and requests that appropriate landscaping be accomplished to protect the Our Lady of the Valley Retirement Center from these intrusions. The Diocese of Richmond is not prepared to convey any real estate to the City of Roanoke for the inclusion in the right-of-way of the City of Roanoke. The Our Lady of the Valley Retirement Center is currently very close to the existing right of way and said taking of additional right of way would further place the Our Lady of the Valley Retirement Center at risk because of the taking of real estate. That risk would be in terms of amending the bond documents in which the Industrial Development Authority of the City of Roanoke is the issuer and would be very costly, and those costs would be far in excess of any payment that might be conveyed to Our Lady of the Valley for the taking of real estate. City Council Page Three September 28, 1990 The resources that may be appropriated for this project with a vision of providing a grand gateway to Roanoke with a city scape that projects an environmentally and aesthetically pleasing, residentially appealing and inviting image will serve Roanoke as a catalyst for investment for the next 100 years. Let us begin the next decade and the next century with vision and positive thinking which will allow our grandchildren and children to enjoy the Roanoke Valley as much as we have. Robert McNichols Management Agent LADY.156 Gainsboro Neighborhood Development Corporation September 26, 1990 Mr. William Clark Municipal Building 215 Church Ave. S.W. Roanoke, Va. 24011 Dear Mr. Clark: The Gainsboro Project Area Committee and Gainsboro Neighborhood Development Corporations, Board of Directors supports the Gains- boro Road Project in megards to the modificatiohs prgSented by the City at Sweet Union Baptist Church. Although, we at this time do not know what impact this road will have on the potential and continuing development of the Gainsboro Community. Our organizations are commited to making life better in the Roanoke Valley, especially our neighborhood. If we can be of help, please feel free to give us a call. 604 GAINSBORO ROAD, N.W. ROANOKE, VIRGINIA 24016 (703) 345-336'7, 3368 Office of the Bishop 811-B CATHEDRAL PLACE Diocese of Richmond RICHMOND, VIRGINIA 23220-4898 · (804) 359-5661 October 22, 1990 Ms. Mary F. Parker, CMC/AAE City Clerk, City of Roanoke Room 456, Municipal Bldg. 215 Church Ave., NW Roanoke, VA 24011 Dear Mary: Thank you for your thoughtfulness in sending me a copy of the recent Ordinance of the Roanoke City Council approving the widening and realignment of Second Street and Gainsboro Road next to St. Andrew's Parish and Our Lady of the Valley Home for Elderly. The widening will certainly be a tremendous improvement to the neighborhood. It was kind of you to write to me. ml Yours sincerely, Walter F. Bishop of Richmond Office of the City Clerk October 3, 1990 File #178 ~r. ~. Robert Herbert City Manager Roanoke, Virginia Dear ~r. Herbert: I am attaching copy of Ordinance No. 30257-.10190 authorizing exe- cution of a Memorandum of Understanding with the City of Roanoke Redevelopment and Housing Authority pertaining to administration of a Rental Rehabilitation Program as more fully described in a report of the City Manager to Council under date of October 1, 1990. Grdinance No. 30257-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 199~. Sincerely, Mary F. Parker, City Clerk CMC/AAE MFP : r a 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 ½orks ~r. Ronald H. ~iller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator ~s. ~arie T. Pontius, Grants ~onitoring Administrator Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st Day of October, 1990. No. 30257-10190. AN ORDINANCE authorizing the execution of a Memorandum of Under- standing with the City of Roanoke Redevelopment and Housing Authority pertaining to the administration of a Rental Rehabilitation Program; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City' Clerk are hereby authorized 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 October 1, 1990; such Memorandum of Understanding to be approved as to form by the City Attorney. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia October l~ 1990 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: 1990 Rental Rehabilitation Program - Execution of Memorandum of Understanding With 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 neighbor- hoods. B. Roanoke received its 1990 Program allocation of $90,000 from HUD in June 1990. Program's design approved by HUD provides that: i. Program subsidies will be used in support of the Neighborhood Stabilization and Enhancement Program (NSEPtion); Funds from HUD would be loaned to property owners to pay approxi- mately one-third of rehabilitation costs, as a 0% interest loan, to be repaid to the RRHA and City over 10 years; and Balance of rehabilitation costs would be loaned to property- owners by the Virginia Housing Development Authority (VHDA) from funds allocated to Roanoke from the Virginia Housing Partnership Fund. A portion of these funds would be in the form of a grant for energy-conserving repairs, and a loan (~ 6-8% interest for 15 years for the remaining repairs. #. Principal burden of responsibility for administration will be borne by the City rather than RRHA~ as had been in the past. C. Acceptance of the HUD grant of $90,000 was approved by the City Council August 27. (Resoiution no. 30219-82790) II. Current Situation ho RRHA is responsible for and currently occupied with administration of approximately $__~92~000 of rehabilitation from the 1988 Rental Rehabili- tation Program, ~lg,000 from the 1989 Rental Rehabilitation Program. B. 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 1990 Program. October 1, 1990 Page 2 Co Memorandum of Understanding (attached) provides that the City will admin- ister most aspects of the Program, including processing loan application packages, up to loan closing, but the RRHA actually will make the loans of HUD funds, hold the deeds of trust, and perform the post-rehab monitor- ing for compliance with on-going requirements of the deeds of trust. Use of the 1990 Rental Rehabilitation Program funds in conjunction with NSEPtion is ready to begin, using funds currently allocated to Roanoke from the Virginia Housing Partnership Fund. 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 City Manager to execute the Memorandum of Understanding (Attachment) with the RRHA for administration of the 1990 Rental Rehabilitation Program~ the Memorandum to be approved as to form by the City Attorney. i. Consistency with the recommendations of the Housing Development Strategic Plan Task Force would be achieved by; ao Matching and multiplying available resources, and providing for long-term funding through loan repayments (General Policy 5)I b. Concentrating efforts and resources to strategic pro- perties and areas (General Policy l); and c. Targeting available subsidies to occupied substandard rental properties identified through Code Enforcement (Goal 7, Objective A, Activity #). October 1, 1990 Page 3 Impact on neighborhood revitalization would be positive· The $90,000 allocation to Roanoke from HUD will be matched with approximately $J80~000 additional funds from the State. This total of approximately $270,000 for rehabilitation wJJJ renovate approximately J#-16 substandard dwelling units in 6-8 buildings in one or more concentrated areas. In addition, long-term re- talization would be enhanced by repayment of HUD funds to the City for reuse over l0 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 1#-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. Neither does the matching allocation of State funds. No City matching funds are required. The City will benefit from higher values of rehabilitated buildings, and repayment of loans made by HUD funds. Timing is such that administration of this funding in support of NSEPtion may begin as soon as the Memorandum of Understand- lng is executed. Do not authorize the City Manager to execute the Memorandum of Under- standing with the RRHA for the 1990 Rental Rehabilitation Program. Consistency with the recommendations of the Housing Development Strategic Plan Task Force could be met if alternative arrangements for the administration of the Rental Rehabilitation Program are made. If the Program is not administered however, the recommen- dations 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 would be negative, if the Program were not to be run· Approximately 15 substandard rental units in 6-8 buildings would continue to deteriorate, have a blighting effect on the targeted 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· October !~ 1990 Page # 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. Timing is such that the funds could not be accessed until alter- native arrangements for financing were made. If the Program were not to be operated~ timing would not be an issue. 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 1990 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 (MU90CR- 1 ) W. Robert Herbert City Manager MEMORANDUM OF UNDERSTANDING RENTAL REHABILITATION PROGRAM Fiscal Year 1990 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 1990-funded Rental Rehabilitation Program ("Program") approved by the U.S. Department of Housing and Urban Development ("HUD") put- suant to Section 17 of the United States Housing Act of 1937 (42 USC 1#37o), 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 $90,000 from HUD in Federal Fiscal Year 1990 for its Program to finance the rehabilitation of rental properties for the benefit of lower-income families. DHCD has allocated additional funds to be loaned in conjunction with the Program. The Grantee and the RRHA hereby agree as follows: t. The Grantee and the RRHA cooperatively wJJl administer the Rental Rehabilitation Program in accordance with: a. Section 17 and other applicable Federal laws; and b. the regulations in 2# CFR Part 511; c. the Program description submitted to and approved by HUD; d. the Program description for DHCD's Multi-Family Rehabilitation Loan Program. The City will review the proposals submitted for the Program in con- junction with the Neighborhood Stabilization and Enhancement Program, and will select those projects qualified for the Program. The City will issue a tentative 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 b. detailed inspections of the building by the City to verify that the work proposed by the applicant is appropriate and sufficient to repair the property to Housing Quality Standards (HQS) and the Uniform Statewide Building Code; and that the estimates of repair costs are reasonable; and Memorandum of Understanding Page 2 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 financing, the City will package a loan application for the applicant to DHCD and/or the Virginia Housing Development Authority (VHDA). Upon a selected applicant obtaining or providing the necessary supple- mental financing, including but not limited to financing from DHCD/VHDA, the City shah notify the RRHA of such and that the project is to be set up as a Rental Rehabilitation Program project. The RRHA shall make a loan to the owner from allocated HUD funds and will hold the Deed o£ frust in accordance with the Program description. The total of all such loans from HUD funds may not exceed $90,000 plus any additional funds unused from previous Rental Rehabilitation Program allocations. The City 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. o The City shall notify the RRHA when work has progressed on a given pro- ject to the point such that a drawdown of funds from the HUD account is justified. The RRHA shall arrange for such a draw to be made for the specific project. After rehabilitation is complete and a property is ready to be occupied, the RRHA periodically wJii verify continued compliance of each project with the Deed of Trust held by the RRHA on the property, including periodic reporting of occupancy, maintenance to Housing Quality Standards, and Fair Housing marketing procedures, 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. 10. The time of performance for the marketing, eligibility verification, and rehabilitation inspections by the City, and making of loans by the RRHA shall be from the date of execution of this agreement until the earlier of the fo]lowing: a. the available $90,000 is exhausted; b. HUD withdraws Program funds from the Grantee; or Memorandum of Understanding Page 3 c. 3uly lr 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. I1. The time of performance for verification of compliance of each project with the Deed of Trust extended as a condition of the rehabilitation subsidy shah be the ten-year term of each Deed of Trust held by the RRHA. 12. As HUD rehabilitation subsidy funds are repaid to the RRHA by owners of 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- ter]y. BY: For the Grantee: City Manager Date For the RRHA: Executive Director Date (MU90RR-I) Office of the City Clerk October 3, 1990 File #27 Mr. W. Rot)err Herbert City ~a,iager RoanoKe, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30258-10190 authorizing a change order to the City's contract with Bio Gro Systems, Inc., for sludge removal at the Sewage Treatment Plant, to provide for payment of $80.29 per dry ton as more particularly set forth in a report to Council under date of October 1, 199~. Resolution No. 30258-10190 was adopted by t~e Council of the City of Roanoke at a regular meeting held on ~onday, October 1, 1990. Sincerely, ~t~t_.t~.~.e.~ Mary F. Par~er, CMC/AAE City Clerk ~FP:ra Enc o pc: Mr. Thomas A. Troeschel, Vice President, Bio Gro Systems, Inc., 180 Admiral Cochrane Drive, Suite 345, Annapolis, Maryland 21401 Mr. Kit B. Kiser, Director of Utilities and Operations ~r. Steven L. ~lker, Manager, Sewage Treatment Plant Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE The 1st Day of October, 1990. No. 30258-10190. A RESOLUTION authorizing a change order to the City's contract with Bio Gro Systems, Inc. for sludge removal at the Sewage Treatment Plant. BE IT RESOLVED by the Council of the City of Roanoke that the City ~anager and the City Clerk are authorized to execute and attest respectively in form approved by the City Attorney an appropriate change order to the City's contract with Bio Gro Systems, Inc. for sludge removal at the Sewage Treatment Plant to provide for payment of $80.29 per dry ton, as more particularly set forth in the report to this Council dated October 1, 1990. ATTEST: City Clerk. Roanoke, Virginia October 1, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Change Order Approval for Sludge Removal Contract at Sewage Treatment Plant I. Background: B. C. D. E. Contract to remove sludge from the Water Pollution Control Plant by Bio Gro Systems, Inc. was renewed June 6, 1990. Cost per dry ton is presently $77.62. Conditions of scope of work have changed because the State required liming of fields to ensure pH is 6.5. pH is a measure of acidity in the soil. Lime addition to fields will increase cost per dry ton to $80.29. See attached letter. This $2.67 per dry ton increase will amount to $16,010.00 annually based on a minimum contract quantity of 6,000 dry tons. II. Current Situation: Fields are being limed by Bio Gro. Cost of liming is currently paid by purchase order as invoiced by Bio Gro. C. Council approval for a change order is requested. III. Issues in order of priority: A. Need B. Funding C. Timin8 Page 2 IV. Alternatives: Council approve a change order for increasing the contract amount to $80.29 per dry ton to meet State pH requirements. Need to continue uninterrupted sludge removal will be met. Funding is available in the Sewage Treatment Plant Professional Services account to pay for the increased cost. Timing is important as to discontinue payments by purchase order. Council not approve a change order for increasing the contract amount to $80.29 per dry ton. 1. Need to continue sludge removal will not be met. 2. Funding is a moot issue. 3. Timing is a moot issue. Reco~nendation: Council concur with Alternative "A" authorizing a change order in the contract with Bio Gro Systems, Inc. to $80.29 per dry ton to satisfy State pH recommendations. ~~y~submitted, W. Robert Herbert City Manager WRH:SLW:afm Attachment CC: City Attorney Director of Finance Director of Utilities & Operations Sludge Management S~cJmli~ir~g ii1 Beneficial U~e VIA FEDERAL EXPRESS July 25, 1990 Mr. Kit Kiser Director of Utilities City of Roanoke Room 354 Municipal Building 215 Church Ave. S.W. Roanoke, VA 24011 Dear Mr. Kiser: This is to inform you that new permit conditions and monitoring procedures concerning soil pH monitoring and subsequent liming requirements have been instituted by the Virginia State Water Control Board. As a result of these changed conditions, it will be necessary to lime fields prior to sludge application. Because these changes in regula%ory requirements result in an increased cost of project operation, it will be necessary to modify our contractual agreement(change order) to cover these costs. In order to keep the project running without interruption, Bio Gro will begin liming fields prior to application beginning on or about July 25, 1990. We would like to meet with you, if possible on August 2nd or 3rd, to provide supporting documentation and work out the details of this issue. Please call me as soon as possible so that we can confirm a meeting date. Sincerely, sas.404 L. B® Bio Gte Systems, Vice President Bane Coburn, C. Huffine, S. Welker, City of Roanoke Blanchet,. J. Faust, J. Hecht, K. Montgomery, Inc. Bio Gro Systems, Inc. · 180 Admiral Cochrane Drive · Suite 305 · Annapolis, Maryland 21401 · (301) 224-0022 · Fax (301) 224-0152 Sludge Management Sp~¢iali:tlng ill Beneficial Use Mr. L. Bane Coburn City of Roanoke Room 354 Municipal Building 215 Church Ave. S.W. Roanoke, VA 24011 Dear Mr. Coburn: August 22, This letter is in response to our meeting on August 3, 1990. At that meeting it was mutually agreed that conditions have changed in the scope of work under our contract. Those changed conditions involve soil pH monitoring and liming requirements resulting from new permit conditions and procedures by regulatory agencies. (Supporting documentation is attached). Bio Gro requests a change order to cover the increased cost of project operations resulting from these changed conditions. We estimate that the increased costs are approximately $15,998 per year for the removal of 6,000 dry tons of sludge (estimate attached). That equates to $2.67 per dry ton. Bio Gro requests that our current dry ton price of $77.62 be adjusted to $80.29 per dry ton. We have already started liming fields (see attached letter dated July 25, 1990). As you suggested in Our meeting, Bio Gro will submit actual bills for liming (plus ~anagement and overhead) during the interim period until the change order is finalized. If you have any questions or require additional information, please call me at (301) 224-0022. Thank you. Sincerely, Thomas A. Troeschel Vice President CC: Steve Walker, City of Roanoke Henry Campbell, Jim Hecht, Kevin Montgomery, Jim Stone, Accounting Dept., Bio Gro Systems, Inc. Bio Gro Systems, Inc. · 180 Admiral Cochmne Drive · Suite 305 · Annapolis, Maryland 21401 · (301) 224-0022 · Fax (301) 224-O152 July 13, 1990 COMMONYVEALTH of VIRGINIA ST,~TE IVHT£R CONTROL BOARD 2lli blamilto. Street Mr..Jeffery G. Faust Agronomy Administrator Bio Gtc Systems, Inc. Post Office Box 209 A~napolis, Maryland 21404 Inspection Report of Land Application of Roanoke Water Pollution Control Plant Sludge Virginia Pollution Abatement Permit No. VPA02009 Dear Mr. Faust: Enclosed is a copy of the report of inspections made on June 14, 1990, of fields applied with sludge by your firm in Botetourt County. Please note the recommendation on page 2 of the inspection report. No problems were noted in the sludge application techniques in any of the fields inspected. However, a significant problem in record keeping was revealed which relates to permit compliance. Bio Gro's permit states that if the pre-application soil pH is below 6.5, pre-liming is required. The permit also states that the soil samples used to determine soil pH may be up to one year old. However, Bio Gtc is putting the responsibility of pre-liming on the person requesting the sludge by requiring the person to sign an application which includes a clause which states that the soil pH must be greeter than or ec~al to 6.5. The problem is in the fact that Bio Gtc is aplying sludge to fields where the latest soil test results show pH values below the permit rec~uiremsnts. Therefore, Bio Gtc cannot demonstrate compliance with thief permit without soil test results that document that adequate pH adJus~ents have been made. The burden of proof of compliance with t, he permit requirements rests with Bio Gtc, the permittee. The proof of adequate pH adjustment of fields which have previously tested below pH 6.5 should be in the .form of pre-application soil pH test results. Per, it No. VPA02009 Pag~ 4 of 5 12. If the Pr~-a~lication soil ~H is below 6.5, pr~-] {m~,g is r~gu/r~d. Pr~-l/mirg applica=ion shall be calculated taking into accour~ the ] ~m~ c~_nt of the slue]ge a= the ~--~ed at~lication rate so that the ~t application soil ~H is 6.5. A soil ~ of 6.2 or gr~a~_r shall ~e maintained t. hr~u~ the season for which slu~g~ is a~01ied. Soil ~ results at the time of application shall not ~e over 1 year old. 13. Sb~e a~Dlication rates sba/1 be limited by the yield goals and PAN regui~_n~s s~ecified in Attac/~m~t B. Bio Gro Systems, Incor~or~ shall assu~ responsibility for v~rifyirg that yield goals ~ in Attachmer~ B r~nably corres~0~d to site s~ecific yield goals. If the site specific yield goal is lower than the yield listed in Attachment B, the amount of sb~e a~plied shall be reduced D~mortionally. Should Bio Gro System, Incorporated seek to justify higher sludge application rates due to higher yield goals than those in Attac/~ment B shall fi~ obtain written verification f~ the County Extension Agent that the higher yield goal is reasonable. The rate of a~lication of sludge shall never exce~ 15.0 dry tons ~er acre ~er year. 14. An analysis of a cc~oosite sample of sewage sl-~e fi~ the Roanoke Water Control Polluti~ Plant shall be su~mit~ to the Virginia De~ar~n= of Health and the Boar~ by the tenth of each ~onth for the previous month that sl,~e was re~cved and land a~olied to shall include as a minimum~ the amount of sb~e a~lied to each field dur/n~ that ~-~uorting ~-riod, the respective productivity class of each field, and the soil de~th to the bedrock or the hi~hest elevation of the seasonal water e~_ble for each field. C~--{.~site samples ar~ preferred so that a representative "average,, level of s],~e c~arac~_ristics can be obtained f~ analytical test/rig. A laiw~ o~en cornea/her such as a one to two gallon ~?~_city bucket will normally be necessary to obtain c~lete samples of sb~/~ flows. The volu~e or weight of ~b samples s~&~uld be adjusted so as to ~ a~rox/mately eg~al voltages or weights of the s],~-~ vol~ or mass being sampled. ~h~se adjus~_~_ gr~b samples ca~ then be ack~d to form a composite. ~ite mix~ures formsd f~.~ several ~b samples should be thoroughly mixed an~ stirrsd 9riot to the wit. tdrawal of a final c~-~site sample of ap~rox/mately one liter for analytical testing. 15. A m/nimum of 18 inches of soil shall be ~a/nta/ned be~en the deepest point of sl,~e apglication and bedrock or the highest elevation of the seasonal water ~Mle dur/rg the period of 16. Sl,~/e~ shall be a~lied only at the lis~_~d sites in Attachment A. Office of the City Clerk October 9, 1990 File #291 Ur. John P. Grove Attorney P. 0. Box 720 Roanoke, Virginia 24004-0720 Dear Mr. Grove: I am enclosing copy of Ordinance No. 30250-10190 granting to Roanoke & Botetourt Telephone Company the right, for the term and upon t~e conditions stated in the above referenced ordinance, to use the streets, alleys and public ways of the City to erect, construct, operate and maintain a fiber optic telecommunication system a~d to construct, install and maintain fioer optic cable and associated equipment, including poles, wires, cables, con- duits and appurtenances necessary to the sale and distribution of fiber optic telecommunication services in and along the streets, alleys and other public ways in the City of Roanoke, Virginia; and establishing conditions controlling the exercise of said franchise and regulating the manner of using the streets, alleys and public ways. Ordinance No. 30250-10190 was adopted by the Council of the City of Roanoke on first reading on ~onday, September 24, 1990, also adopted by the Council on second reading on Monday, October 1, 1990, and will take effect 30 days from the date of its passage, provided that within such time the Grantee shall have accepted the grant by execution in duplicate and deli- very to the undersigned of written acceptance as set forth in Section 21, confirmed by the undersigned to show the number and date of the final adoption of the above referenced ordinance. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pC: Mr. W. Robert Herbert, City Manager Mr. Joel M. Schlanger, Director of'Finance Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Mark A. Williams, Assistant City Attorney ~r. ~illiam F. Clar~, Director of Public Works Mr. Alfred Beckley, Jr., ~anager, Communications ~r. ~illiam M. Mullins, Manager. Signals and Alarms Mr. Kit ~. 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 OF ROANOKE, VIRGINIA, The 1st day of October, 1990 No. 30250-10190 AN ORDINANCE granting to Roanoke & Botetourt Telephone Company the right, for the term and upon the conditions herein stated, to use the streets, alleys and public ways to erect, construct, operate and maintain a fiber optic telecommunication system and to construct, install and maintain fiber optic cable and associated equipment, including poles, wires, cables, conduits and appurtenances necessary to the sale and distribution of fiber optic telecommunication services in and along the streets, alleys and other public ways in the City of Roanoke, Virginia; establishing conditions controlling the exercise of said franchise and regulating the manner of using the streets, alleys and public ways. WHEREAS, a proposed ordinance entitled "An Ordinance granting to Roanoke & Botetourt Telephone Company the right, for the term and upon the conditions herein stated, to use the streets, alleys and public ways to erect, construct, operate and maintain a fiber optic telecommunication system and to construct, install and maintain fiber optic cable and associated equipment, including poles, wires, cables, conduits and appurtenances necessary to the sale and distribution of fiber optic telecommunication services in and along t~he streets, alleys and other public ways in the City of Roanoke, Virginia; establishing conditions controlling the exercise of said franchise and M#3461 1 regulating the manner of using such streets, alleys and public ways," was ordered to be advertised by the Council of the City of Roanoke, after its terms had been duly approved by the Mayor of said City and by its City Council; and WHEREAS, the terms of said ordinance were published once a week for four successive weeks in the Roanoke Times & World News, a newspaper published in the City of Roanoke and having general circulation in said City of Roanoke, which said advertisement invited bids for the franchise proposed to be granted in said ordinance, said bids to be in writing and delivered upon the day and hour named in said advertisement to the presiding officer of the Council, in open session; and WHEREAS, at the session of said Council to receive said bids, the presiding officer caused to be read aloud the bid(s) received, and the bid of Roanoke & Botetourt Telephone Company was received in writing; and WHEREAS, inquiry was made by the presiding officer if any further bids were offered; and WHEREAS, there were no further bids offered, and the presiding officer thereupon declared the bidding closed; and WHEREAS, the said proposed ordinance and said bid were referred by the Council to a committee, which reported in favor of accepting said bid and adopting said ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Roanoke & Botetourt Telephone Company made to the City in writing on September 20, 1990, for the franchise herein granted, which said bid is attached hereto and M#3461 -2- incorporated herein by reference as if set out in full, be, and said bid is hereby ACCEPTED. BE IT FURTHER ORDAINED by the Council of the City of Roanoke as follows: Section 1. Definitions. As used herein, the following words and phrases shall have the following meanings, unless a contrary intent appears from the context of the provision therein used: a. "City" or "the city" means the City of Roanoke, Virginia. b. "Fiber optic equipment" includes fiber optic cable and associated equipment including poles, wires, cables, conduits and appurtenances necessary to the sale and distribution of telecom- munication services in and along the streets, alleys and other public ways in the City, identified and permitted under the provisions of this franchise and as permitted to be utilized by Grantee by the then existing rules, regulations and laws governing said telecommunication services. c. "Grantee" or "the grantee" means Roanoke & Botetourt Telephone Company. d "Street" avenues, highways, or "the streets" means the streets, alleys, and/or other public ways owned by or subject to the control of the City. e. "In the streets" shall be construed and understood to include "under, along or over the streets," when the physical situation so applies; M#3461 -3- f. The term "Services" is used in this ordinance in the sense of products or commodities furnished by Grantee and equipment, apparatus, and facilities devoted to the purposes in which Grantee is permitted to be engaged by the then existing regulations and laws governing telecommunication services, and in the manner and as permitted under the provisions of this franchise. g. "Director of Public Works" means the Director of Public Works in the City of Roanoke or such other officer or official of City government, or other person, charged by the City Charter or City Council with responsibility and authority over the maintenance of public streets and public property in the City regardless of the title then assigned such person. h. "Fiber Cable" means that plastic coated sheathing used to house optical glass fiber. Section 2. Grant of Authority. Subject to the provisions, conditions and restrictions set forth in this ordinance or herein referred to, there is hereby granted to Roanoke & Botetourt Telephone Company, Grantee, for a period of fifteen (15) years from the effective date of this ordinance, the right to use the streets of the City to operate and maintain a fiber optic telecommunication system within and along the streets of the City, and, for these purposes, to construct, erect, maintain and use and, if now constructed, to continue to maintain and use and operate,' its fiber optic equipment, including necessary manholes, in, under, across, over and along the streets within the corporate limits of the City M#3461 -4- provided, however, that initially Grantee shall only be permitted to use the streets identified and particularly described and set forth as Exhibit A, attached hereto and incorporated by reference herein. Grantee shall only be permitted to operate and maintain a fiber optic telecommunication system in the streets of the City outside the area identified on Exhibit A after appropriate application by Grantee and approval of such additional usage area by the City Manager upon such terms and conditions as are deemed acceptable by City, including, without limitation, any additional franchise fee or fee formula and franchise bond. In negotiating such additional terms and conditions the City agrees to negotiate in good faith. Upon the expiration of the term for which this franchise is granted, or upon expiration of any renewal of extension of the original term hereof, or upon earlier termination as provided herein, the Grantee shall, upon receipt of the written request of the City, at its own expense, remove all fiber optic equipment from all streets, public ways, within the City and, should Grantee refuse or fail to comply with this provision, the City shall have the right to remove said equipment at a cost to be borne by the Grantee and the City shall not be liable to the Grantee for any damages resulting therefrom, except for damages that result from any negligent or willful act by the City, its employees or agents. M#3461 Section 3. Territorial Area Involved. The franchise relates to the present territorial limits of the City, and to any area henceforth added to the territorial limits of the City during the term of this franchise, or any renewal or extension thereof. Section 4. Use of Streets. General Control and Location of Lines and Conduit. The Grantee, in connection with any digging it shall make in the streets in the City, shall be subject to the provisions of this franchise and to all applicable ordinances, laws and regulations. All poles erected by the Grantee shall be neat and symmetrical and shall be so located as to in no way interfere with the safety or convenience of persons traveling on or over the streets and public places. The City reserves the right at any time by resolution of City Council or otherwise through proper representatives of the City to further or specifically designate the locations of any poles, lines, cables or conduits, with reference to other municipal facilities such as sewer and water mains, signal poles and lines, drainage facilities, and other services, or to other facilities such as gas lines, public electric utilities or railway message, telephone and telegraph lines, signal or power lines in such a manner as to promote the public safety and to protect public property. Failure by the City to so designate shall not relieve the Grantee of responsibility in matters of public safety as hereinbefore specified. City further reserves the right to establish by ordinance or resolution, and Grantee hereby agrees to comply with M#3461 -6- any reasonable regulation for the convenience, safety, and protection of its citizens as now in effect or as may be adopted in the future, including, without limitation, requiring substitution of underground conduit for overhead cable or vice- versa, or requiring transfer of cable from the front or rear of property. At least thirty days prior to any installation, removal, or relocation, Grantee shall submit detailed plans of proposed action for approval by the City Manager. An exception to this requirement for the submission of detailed plans shall be permitted in cases of repair of the fiber optic equipment or emergencies involving public safety. The City Manager shall approve such plans or communicate reasons for disapproval within thirty days or earlier of submittal. The Grantee shall construct and locate poles, lines and conduits so as not to interfere with the construction, location and maintenance of sewer and water service lines or mains. The City may restrict the location of service lines, appurtenances or facilities of the Grantee from parkways or parkway drive wherein such would conflict with appearance standards or may require, as an alternate thereto, the construction wholly or in part of underground conduit, appurtenances or facilities. b. For the purpose of installing, operating and maintaining the wire, cables and appliances, fixtures and appurtenances necessary to the fiber optic telecommunication system, the Grantee shall be required, whenever reasonably possible, to use the poles and conduits of others. Others are defined as public utilities, including the City, the electrical M#3461 -7- utility, and the telephone utility which have authority or a franchise to construct, install and maintain poles, towers and conduits within the City. All underground plant which is required to pass in or under portions of public rights-of-way including, but not limited to, easements, alleys, sidewalks, and streets, shall be housed in conduit of not less than two (2) inches in diameter. All underground cable installed in conduits or ducts shall be of the polyethylene jacketed type or an equivalent direct burial type. c. Restricted Overhead Area. Within all required areas, including without limitation, that section of area of the City designated as the City's Fire Limits Zone No. 1 and bounded as set out in Sec. 7-1, Article I of the Code of the City of Roanoke of (1979), as amended, all of the Grantee's cable lines and cable facilities shall be constructed and maintained underground, provided, however, that where poles and overhead lines and cables exist in the aforesaid section or areas at the time of the award of this franchise, Grantee shall be allowed to construct and maintain overhead facilities in such areas, but, provided further should any or all of such existing overhead facilities in said Fire Limits, be relocated, replaced or reconstructed underground, Grantee's facilities will also be so relocated. Furthermore, the City expressly reserves the right and authority in the reasonable exercise of its police power, to remove from the streets, alleys, highways or other public places of the said City, or any part thereof, Grantees poles, wires and other appurtenances, and place the wires and other appurtenances underground in safe and M#3461 -8- suitable conduits. Nothing herein shall constitute waiver or approval of any type under applicable zoning requirements. d. Disturbance of Streets - Restoration. (1) Written permits, in any or all cases shall be obtained by the Grantee from the Director of Public Works of the City before and whenever it becomes necessary for the Grantee to excavate in the streets of the City in order to install, repair, replace, construct or extend any of the fiber optic equipment or services therein or thereon. Such permits, further, shall state the particular part or point of the streets where said construction or excavation is to be made and the length of time in which such permits shall authorize such work to be done. An exception to this requirement for a permit or permits shall be permitted in cases of emergency repair of the fiber optic equipment or emergencies involving public safety. In all such cases, Grantee shall provide appropriate notice as soon as reasonably possible, and in any event no later than the close of business on the next City working day. (2) Immediately after fiber optic equipment is installed or repaired by Grantee, the incidental trenches or excavations shall be refilled by the Grantee in a manner acceptable to the Director of Public Works. Pavement, sidewalks, curbs, gutters or other portions of streets or public places destroyed, disturbed or damaged by such work shall be promptly restored and replaced with like materials to their former condition by the Grantee at its own expense; however, where it is necessary, and if expressly permitted by City, in order to M#3461 --9-- restore disturbed or damaged property to its former condition the Grantee may or shall use materials whose type, specifications or quantities exceed or are different than those used in the original construction or installation and the Grantee at its own expense shall provide such different materials. Where a cut or disturbance is made in a section of sidewalk paving, rather than replacing only the area actually cut, the Grantee shall replace the full width of the existing walk and the full length of the section or sections cut, a section being defined as that area marked by expansion joints or scoring. The Grantee shall, in any street, promptly remove or correct any obstruction or defect therein which may have been caused by the Grantee or its agents in the installation, operation or maintenance of the Grantee's facilities. Any such obstruction or defect which is not promptly removed, repaired or corrected by the Grantee after proper written notice, given by the City to said Grantee at Grantee's principal place of business may be removed or corrected by the City, and costs thereof shall be charged against the Grantee and may be enforced as a lien upon any of its properties or assets. Expenses of damage, relocation or replacement of City utility lines, sanitary sewers, storm sewer, and storm drains, where such expenses results from construction or maintenance of the Grantee's lines or facilities, shall be borne by the Grantee and any expenses incurred in connection therewith by the City shall be reinhbursed by the Grantee. (3) The Grantee shall not open, disturb or obstruct, at any one time, any more of such public streets than may, in the M#3461 -10- opinion of the Director of Public Works, be reasonably necessary to enable it to proceed in laying or repairing its fiber optic equipment. Neither shall the Grantee permit any such street, sidewalk or public place, so opened, disturbed or obstructed by it in the installation, construction or repair of its fiber optic equipment, to remain open or the public way disturbed or obstructed for a longer period of time than shall, in the opinion of the Director of Public Works, or other proper official of the City, be reasonably necessary. In all cases where any street or public place shall be excavated, disturbed or obstructed by the Grantee, the Grantee shall take all precautions necessary or proper for the protection of the public, shall obtain all required permits and approvals and shall maintain adequate warning signs, barricades, signals and other devices necessary or proper to adequately give notice, protection and warning to the public of the existence of all actual conditions present. (4) Whenever the City shall widen, reconstruct, realign, pave or repave any street or public place, or shall change the grade or line of any street or public place or shall construct or reconstruct any conduit, water main, sewer or water connection, or other municipal works or utility, it shall be the duty of the Grantee, when so requested in writing by the City, to change its lines, conduits, services and other property in the streets or public places, and/or areas adjacent thereto, at Grantee's sole expense so as to conform to the new widening, location, alignment or grade of such street or public place and so as not to interfere with the conduits, sewers and other mains M#3461 -11- as constructed or reconstructed. Upon written notice by the City of its intended work, above specified, the Grantee shall within a reasonable period of time accomplish its obligation in accordance with and to conform to the plans of the City for such construction, reconstruction or improvements. However, the Grantee shall not be required by the City to relocate fiber optic lines, whether above or below the ground elevation, when the street or public ground in which they are located is vacated for the convenience of abutting property owners and not as an incident to a public improvement. (5) The City Council may require that written permits, in any or all cases, be obtained by the Grantee from the Director of Public Works before and whenever it becomes necessary for the Grantee to install, construct, extend any fiber optic lines, poles, towers or conduits or services on, over or under any bridges or viaducts which are part of the street system of the City; provided, however, that exception to the requirement of permits shall be provided in cases of emergencies involving public safety. In all such cases, Grantee shall provide appropriate notice as soon as reasonably possible, and in any event no later than the close of business on the next City working day. All provisions of this ordinance shall be applicable to said installation, construction, extension or repair on, over or under any such bridge or viaduct provided that the factors of appearance and achievemen~ and maintenance of structural design requirements of the bridge or viaduct shall be assured. M#3461 -12- Section 5. Maps and Plats. The Grantee shall, upon written and reasonable request at any time from the City Manager, or other official designated by the City Manager, make available or furnish to the City Manager, or other designated official, maps, plats or plans, or copies thereof, showing the location but not necessarily the use of any or all of its fiber optic equipment and other structures located in, under and along the streets and public places of the City. Section 6. Taxes. Nothing in this ordinance shall be construed to prevent the City, hereafter and from time to time, from levying any lawful tax on the properties of the said Grantee. Section 7. Safety Methods and Equipment. The Grantee will maintain all its property, equipment and facilities, including without limitations its poles, wires, conduits and fiber optic equipment within the City in good and safe order and operating condition through the term of the franchise. Section 8. Tree Trimminq. The Grantee shall comply with all applicable requirements and regulations of City prior to and while engaging in the removal, cutting or trimming of trees or vegetation in or along City streets. All trimming by Grantee shall be performed in a safe and orderly manner and in compliance with the pruning standards of the National Arborists Assoc'iation, as amended. M~3461 -13- Section 9. Liability. a. Damaqe Claims. Grantee shall indemnify and hold free and harmless the City, its officials, officers, agents, and employees, from and against any and all loss, cost, or expense, including reasonable attorney's fees, resulting from any claim, whether or not reduced to judgment, and for any liability of any nature whatsoever including, without limitation, injury, death or damage to persons or property, that may arise out of or result from the presence, construction, operation, maintenance or use by Grantee, its agents, employees, or invitees of the fiber optic equipment under the 'terms and conditions of this franchise or the exercise by Grantee of any right granted by or under this franchise. b. Insurance. Grantee shall, at its expense, prior to any use or entry upon City streets or property and at all times during the term of this franchise, maintain and provide City with suitable evidence of both (1) broad form contractual liability insurance coverage including the indemnification obligation set forth in Section 9.a. above, and (2) comprehensive general public liability insurance coverage including, but not limited to, motor vehicle liability coverage naming Grantee, its employees, affiliates, or contractors as insureds and naming the City of Roanoke, its offic£ s, officials, agents and employees as additional insureds, insuring against on an occurrence basis all claims, loss, cost, damage, expense and l'iability from loss of life or damage or injury to persons or property arising out of Grantee's use of City streets or property. Said policies shall M#3461 -14- have limits of not less than Two Million Dollars ($2,000,000.00) combined single limit for loss of life or injury to one or more persons and for property damage as a result of one incident. c. Grantee shall require substantially identical indemnification and insurance coverages as set forth in Sections 9.a. and 9.b. above in favor of the City, its officials, officers, agents and employees, from any independent contractor or other entity working on its behalf in City right-of-way. Section 10. Approval of Transfer. No sale, assignment or lease by the Grantee of the franchise or of the privileges granted hereunder shall be permitted or effective without prior approval by the Council of the City. As a condition to consideration by the Council of a sale or assignment, the Grantee shall file with the City Manager written notice of the proposed sale or assignment and the vendee or assignee shall similarly file an instrument, duly executed, reciting the fact of such proposed sale or assignment, offering to accept the terms of this franchise, and agreeing to perform all of the conditions thereof. Section 11. No Exclusive Franchise. The rights herein granted the Grantee to construct, maintain or operate its fiber optic telecommunication system in the City, as set forth herein, or to perform any other act or exercise any other privilege granted or provided for in this franchise shall not be construed as exclusive or as preventing the City from granting to any other person, firm or corporation the same or similar franchise rights and privileges, to be exercised in or M#3461 -15- upon its streets and such of the same and parts thereof as the City may deem best or choose to allow, permit, give or grant. Section 12. Lien of City. All debts, penalties, or forfeitures accruing to the city under the terms of this ordinance shall constitute a lien upon the property and franchises of the said Grantee within the City, subject, however, to then-existing prior liens. Section 13. Jurisdiction of Government Requlator¥ Commissions. Where any provision of this franchise is in conflict with any lawful rule of the State Corporation Commission of Virginia, or of any other duly constituted body or commission legally authorized to prescribe rules governing the conduct of the Grantee within the City, so that the Grantee cannot reasonably comply with both the provisions of this franchise and the rule of such commission or body, then the Grantee shall comply with such specific rule instead of the conflicting specific and individual provisions of this franchise, but the Grantee shall comply with each and all of the provisions of this franchise where such can be done without violating valid statues or rules of the said co~u~ission or body. Section 14. General Ordinances of the City. The rights and privileges herein granted are expressly subject to the conditions, limitations and provisions contained in the general ordinances of the City in force relative to the use of streets or public places of said City, so far as they may be applicable, to the rights and privileges herein granted, and to any and all ordinances which may be hereafter passed by the M#3461 -16- City applicable thereto in the exercise of the police power or any other power vested in the City for the regulation of public service corporations using the streets of the City; and the City expressly reserves the right to pass all such reasonable ordinances for the regulation of the use of the streets and public ways and places, and for the exercise of the rights and privileges herein granted. Section 15. Costs of Advertisement. The successful bidder shall pay to the City all costs for the advertisement for bids and of this ordinance. Section 16. Franchise Fee and Bond. As a franchise fee for the rights granted herein, the Grantee agrees to pay the City One Thousand and 00/100 Dollars ($1,000.00) upon the execution of this Franchise and on or before February 1 of each year during the term of this franchise, beginning February 1, 1991, an aggregate annual payment determined by the feet of Fiber Cable of the Grantee in the franchise area as set forth in Exhibit A as at the end of the preceding calendar year, based on the following rate: $.15 annually per linear foot, or fraction thereof. Such payments shall be in addition to, and not in lieu of, real or personal property tax, or other tax of general application to which Grantee may be subject. Grantee shall, upon the effective date of this franchise, deliver to City and maintain during the term hereof a bond with approved corporate surety or an irrevocable letter of credit with City as beneficiary in the amount of $25,000.00 to insure M#3461 - 17 - Grantee's compliance with its obligations hereunder including, without limitation, the timeliness and quality of any required repair or restoration work, or removal of Grantee's lines upon expiration or termination of the franchise. Section 17. Effective Date. This ordinance shall be in force and effect from and after thirty (30) days from the date of its passage, provided that within such time the Grantee shall have accepted the within grant by execution in duplicate and delivery to said City Clerk of the written acceptance set out in Section 21 hereof, confirmed by the City Clerk to show the number and date of the final adoption of this ordinance, to be contained in attested and fully executed copies of this ordinance, one of which said copies shall be preserved and kept on file in the Office of the City Clerk, the other said copy to be delivered by said City Clerk back to the Grantee. Section 18. Termination and Forfeiture of Franchise. a. Upon the termination of this franchise and the rights granted hereunder, whether by expiration or forfeiture, City Council may direct and require the Grantee to remove its fiber optic equipment from the streets and public ways within sixty (60) days. Should Grantee fail to comply with this provision, the City shall have the right to remove said equipment at a cost to be borne by the Grantee and the City shall not be liable to the Grantee for any damages resulting therefrom, except for damages that result from any negligent or willful act by the City, its employees or agents. M#3461 -18- b. In addition to all other rights and powers of the City by virtue of this franchise or otherwise, the City reserves the right to terminate and cancel this franchise and all rights and privileges of the Grantee hereunder in the event Grantee: (1) Violates any provision of this franchise, except where such violation is without fault or through excusable neglect or is in compliance with a valid and enforceable rule, regulation, order or mandate of a State or Federal law or agency which preempts the City's rule, order or determination. (2) Becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt. (3) Attempts to evade any of the provisions of this franchise or practices any fraud or deceit upon the City. c. Upon the happening of an above described event, the City shall send written notice to the Grantee at the last business address of said Grantee indicating the manner in which the forfeiture or violation has taken place. The notice shall also specify a time and place for a hearing at which the Grantee shall have the opportunity to show cause why said forfeiture or termination should not take place. After such hearing or opportunity for hearing, City Council may, by resolution, either terminate this franchise or extend the same upon such conditions as it deems correct. Section 19. Notices All notices, requests and other communications hereunder shall be in writing and shall be deemed to have been duly given M~3461 -19- if delivered or mailed first-class, postage prepaid, by certified mail, return receipt requested, addressed to: a. GRANTEE Roanoke & Botetourt Telephone Company 1000 Roanoke Road P. O. Box 174 Daleville, Virginia 24083 b. CITY City Manager Room 364 Municipal Building Roanoke, Virginia 24011 Section 20. City Use of Grantee Facilities. (1) When requested in writing by the City, Grantee shall provide suitable space equivalent to one (1) crossarm (in vertical and horizontal spacing) on each pole erected, riser conduits, and control cabinets, equivalent to one (1) duct in each of the conduits constructed, and if direct burial is used shall provide one city cable or tubing, free of charge and for the purpose of carrying wires of the City's telegraph, telephone, alarm, signal or radio system, provided the said wires are placed and maintained in such a manner as may be reasonably prescribed by the Grantee, and in no case used to carry electric light or high-tension currents. Whenever it becomes necessary for the Grantee to move the City's said wires for the Grantee's own purposes, such removal shall be at the cost of the Grantee and under supervision of the Director of Public Works, and such wires shall be promptly replaced by the Grante~ at its expense. (2) In case of any emergency or public disaster, the Grantee shall, upon request of the City, make available its M#3461 -20- thereunto duly authorized, facilities to the City for emergency use at no cost to the City. The Grantee further agrees to make available to the City during the period of the emergency and without cost to the City such personnel as may be required to operate the facilities whereby the Mayor or other authorized representative of the City may communicate with the citizens of the City. Section 21. Acceptance. The undersigned, Roanoke & Botetourt Telephone Company hereby accepts the grant and each and all of the provisions, conditions and limitations of this ordinance of the City of Roanoke, adopted by the Council of the City of Roanoke as Ordinance No. 30250-10190, on the 1st day of October, 1990, and hereby covenants and agrees that it will perform and discharge each and all of the duties and obligations imposed upon it as Grantee in and under said ordinance, and that it will be bound by each and all of the terms, conditions and provisions therein contained. IN WITNESS WHEREOF the said Roanoke & Botetourt Telephone Company has caused this written acceptance to be executed in its name by its Executive Vice President and General Manager, thereunto duly authorized, and its corporate seal to be hereunto duly affixed and attested by its Vice President-Plant Operations, on the day of , 1990. Attest: Vice President Plant Operations J. Exe( Gene al Manager M#3461 -21- ADOPTED September 24 , 1990 APPROVED October 1 , 1990 Teste: ~ Mayor I, Mary F. Parker, of the City of Roanoke, Virginia, hereby certify that the above and foregoing is a true, accurate and complete copy of the ordinance granting a franchise to Roanoke & Botetourt Telephone Company, duly enacted by said Council on the 1st day of October, 1990, by a recorded affirmative voice of a majority of all the members elected thereto. IN TESTIMONY WHEREOF, I have hereunto set my hand as City Clerk of the said City of Roanoke, this llth. day of October , 1990, A.D. ~0 ityO~-dC~' Clerk J M#3461 -22- Roanoke, Virginia September 24, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Bids to Award Franchise for Fiber Optic Teleco~unication Services I concur with the recommendation of the bid committee relative to the above subject and recommend it to you for appropriate action. W. Robert Herbert City Manager cc: City Attorney Director of Finance Roanoke, Virginia September 24, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Bid to Award Franchise for Fiber Optic Telecommunication Services Be City Council received on August 13, 1990, a request regarding a franchise to use City right-of-way to construct a fiber optic telecommunications system. ~ on August 13, 1990, referred the request to the City Manager and City Attorney to conduct required advertising and other actions deemed appropriate. Ce APpropriate bid document~, including proposed franchise, were developed after review and evaluation. De Bids were received by City Council after due and proper advertisement until 2:00 PM on September 24, 1990, at which time all bids received, were publicly opened and read. II. Current situat~o.~: One (1) bid response was received. is attached. Bid tabulation III. B. City Council appointed a Bid Committee consistinq of William White, Sr., Member of Council, William F. Clark, Director of Public Works, Kit B. Kiser, Director of Utilities and Operations, to review the bids and make a recommendation to City Council. Issue__s ae Availabilit of alternative telecommunication services B. Compliance with specification C. Franchise fee Telecommunication Franchise Page 2 IV. ~ accept the sole responsive bid by Roanoke & Botetourt Telephone Company for a 15 year nonexclusive telecommunication franchise. Availability of alternative telecommunication ~ - to provide diversity routing and additional inter-exchange (long distance) telecommunication facilities. 2. Compliance with specification - the bid recommended meets the specification. 3. ~ - In the amount of $1,000.00 upon execution of franchise document and $0.15 annually per linear foot of cable has been reviewed and determined to be appropriate. (Initial proposed cable installation would yield approximately $4,752.00 annually.) Re'ect all bids ~ alternative telecommunication services would not be provided. Compliance with specification would not be an issue. 3. ~k~L~would not be received. City Council concur with Alternative "A" - accept the bid of Roanoke & Botetourt Telephone Company and authorize the Mayor and City Clerk to execute and attest respectively a nonexclusive franchise as specified in the bid document, in form approved by the City Attorney. Telecommunication Franchise Page 3 Committee: Respectfully Submitted, William White, Sr. ~ Chairman William F. Clark, WW:WFC:KBK/AB:WMM/ry cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Manager of Communications Manager of Signals and Alarms Office of the City Clerk September 26, 1990 File #291 William ~hite, Sr., Chairman ) ~illiam F. Clark ) Committee Kit B. Kiser ) Gentlemen: The following bin for a certain franchise to provide fiber optic telecommunications services in the City of Roanoke, was opened and read before ti[e Council of the City of Roanoke at a regular ineeting iteld on ~onday, September 24, 1990: BIDDER Roanoke ~ Botetourt Telephone Company--S1,000.00 upon execution of franchise document and $.15 annually per linear foot of cable. ©n motion, duly seconded and adopted, the bid was referred to you for study, report and recommendation to Council. Sincerely, SHE:fa ~nc. pc: Mr. Wilburn C. Dibling, Sandra H. Eakin~ Deputy City Clerk Jr., City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 WOODS, ROGERS & }IAzLEGROYE 105 FRANKLIN ROAD, S.W. P.O. Box 982-4297 September 20, 1990 Mary F. Parker, Clerk City of Roanoke Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24016 Re: Fiber optic Telecommunications Franchise Sealed Bid Dear Mrs. Parker: Enclosed please find an envelope containing a sealed bid in connection with the referenced franchise, to be presented to and opened by City Council at its meeting scheduled for Monday, September 24, 1990 at 7:30 p.m. Kindly see that the sealed bid the appropriate time. JPG/jh is delivered to Council at Enclosure cc: Mark A. Williams, Esq. M#18157 WOODS, ROOERS & HAZLEGROVE ~0~ F]ZXN~L~N RO~D, S.W. 1~ O. Box ?~o ROANOKE, VIllOINI~ ~4004'07~0 982-4297 September 20, 1990 HAND DELIVERED The Honorable Mayor and Men,hers of City Council Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24016 Re: Roanoke & Botetourt Telephone Company Sealed Bid Dear Mrs. Bowles and Gentlemen: At its meeting August 13, 1990, City Council authorized the advertisement for bids in connection with a proposed franchise to use the streets and public ways of the City to construct a fiber optic telecommunications system. At that meeting Council also referred the matter to the Office of the City Manager and City Attorney for further study. Pursuant to Council's authorization advertisements for bids were published in the Roanoke Times & World News once a week foK four consecutive weeks on August 31, September 7, September 14, and September 21, all in 1990. Attached hereto please find enclosed the bid of Roanoke & Botetourt Telephone Company along with a cashier's check, made payable to the City of Roanoke, in th~amount of $1,000. / ! JPG/j h Enclosure M#10645 BID OF ROANOKE & BOTETOURT TELEPHONE COMPANY FOR PROPOSED FIBER OPTIC TELECOMMUNICATIONS FRANCHISE TO: The Council of the City of Roanoke, Virginia The undersigned, Roanoke & Botetourt Telephone Company, hereby makes this, its bid, for that certain franchise to provide fiber optic telecommunication services in the City of Roanoke, Virginia, upon certain terms and conditions in accordance with the authorization of Roanoke City Council held on August 13, 1990, and hereby offers to pay for such franchise as follows: (1) The sum of One Thousand and No/100 Dollars ($1,000.00), for which a cashier's check, made payable to the City of Roanoke, is attached; (2) On or before February 1, of each year during the term of the franchise, beginning February 1, 1991, an aggregate annual payment determined by the feet of Fiber Cable of the undersigned, in the franchise area, at the end of the preceding calendar year, based on the following rate: $.15 annually per linear foot, or fraction thereof; (3) The cost incurred by the City of Roanoke for the payment of the advertisements for bids appearing in the Roanoke Times & World-News. The undersigned agrees to accept said franchise, if granted, and agrees to comply with the terms and provisions of the fran- chise agreement on file in the office of the Clerk of the City of Roanoke. M#18035 RO?NOKEBy. ,~i ~_ _/~~& BOTETOURT TELEPHONE COMPANY ~ ' e~ultive~n L-~i~c~e~Pr~dent M#18035 2 ROANOKE TIMES & wORLO-NEWS NUMBER - 82916~34 PUBLISHER*S FEE - $Z7S.60 CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM 65~ MUNICIPAL 8LOG ROANOKE VA 260Ii STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT DF PUBLICATION I, (THE UNOERSIGNED} AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATIONt WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWSt A DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN THE STATE OF VIRGINIA~ DO CERTIFY THAT THE ANNEXEO NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 08/3i/90 MORNING 09/07/90 MORNING 09/16/90 MORNING 09/2i/g0 MORNING WITNESS~ oWc tMecomm~iMfloM#r- AugLM lZ, 'IfN,~vK't h SUCh bids PUBLIC NOTICE CITY OF ROANOKE, VIRGINIA Pursuant to Section 15.1-308 and 15.1-309 of the Code of Virginia, 1950, as amended, and by order of the Council of the City of Roanoke, said City Council hereby invites bids for a certain franchise to provide fiber optic telecommunications services in the City of Roanoke, Virginia, upon certain terms and conditions in accordance with the authorization of Roanoke City Council held on August 13, 1990, with such bids to be received in open session and read aloud at a meeting of City Council scheduled for September 24, 1990, in Council's Chambers, Municipal Building, Roanoke, Virginia, beginning at 2:00 p.m. or as soon thereafter as the matter may be heard. The right is reserved to reject any and all bids. The ordinance proposes to grant to the successful bidder, for a term of fiteen years, upon certain terms and conditions, the right, privilege, franchise and authority to use the streets, alleys and public ways within the limits of the City of Roanoke, Virginia, to erect, construct, maintain and operate a certain fiber optic telecommunication system and to construct, install and maintain fiber optic cable and associated equipment, including poles, wires, cables and appurtenances necessary to the sale and distribution of fiber optic telecommunication service. A copy of the full text of the proposed agreement granting the fiber optic telecommunications franchise is on file in the office of the Clerk of the City of Roanoke. GIVEN under my hand this 29th day of Au§ust, 1990. Mary F. Parker, City Clerk NOTE TO PUBLISHER: Please publish once a week for 4 consecutive weeks in the morning editions on August 31, 1990, September 7, 1990, September 14, 1990 and September 21, 1990. Please forward the bill to Mary Parker, City Clerk, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Roanoke Times & World-News Ad Number...~.~..?../.~...~..~.~.. Publisher's Fee $....~. ~..~.-.~. ~. STATE OF VIRGINIA ~ Affidavit CITY OF ROANOKE~ to wit: I, (the undersigned), an authorized representative of the TIMES-WORLD CORPORATION, which corpo- ration is publisher of The Roanoke Times & World- News, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: ................................. .~#..~.....~/,.:?..~.~ ......... ~... ~~../¥,. ,~,~...,,7./.,../. ??. f. ..................... Office of the City Clerk August 15, 1990 File #291 Mr. W. Robert Herbert City Manaqer Roanoke, Virqinia Mr. Wilburn C. Dibling, City Attorney Roanoke, Virginia Jr. Gentlemen: I am attaching copy of a communication from Mr. John P. Grove, Attorney, representing Roanoke & Botetourt Telephone Company, ~itn regard to a franchise to use the streets and public ways of the City to construct a fiber-optic telecommunications system, which communication ~s before the Council of the City of Roanoke at a regular meeting held on Monday,,August 13, 1990. On motion, duly seconded and unanimously adopted, the matter ~as referred to you to conduct the required aavertising, as well as any other action deemed appropriate. Sincerely, ~4ary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. John P. Grove, 24004-0720 Attorney, P. O. Box 720, Roanoke, Virginia Room 456 Municipal Building 215 Church A,,.enue, S.W. ~,Roonc~ke, Virginia 24011 (703) 9~1-2541 WILBURN C. DIBLING, JR. CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING ' ROANOKE, VIRGINIA 24011-1595 August 13, 1990 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI KATHLEEN MARIE KRONAU The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Roanoke & Botetourt Telephone Company Dear Mrs, Bowles & Gentlemen: By letter dated August 3, 1990, John P. Grove, Esquire, the attorney representing Roanoke & Botetourt Telephone Company has requested that Council advertise for and receive bids in connection with a franchise to use the streets and public ways of the City to construct a fiber-optic telecommunications system. I recommend that Council consider referring this matter to the City Manager and the City Attorney with authorization to con- duct the required advertisement and take other action deemed appropriate in connection with this matter. I would be pleased to respond to any comments or questions that you may have with regard to this matter. MAW:tsb cc: Very truly yours, Mark Allan Williams Acting City Attorney Robert Herbert, City Manager Wllburn C. Dibling, Jr., City Attorney ~OOD$, ROOER$ & HAZLEOROVE 982-4297 August 3, 1990 HAND DELIVERED The Honorable Mayor and Members of City Council c/o Mary F. Parker City Clerk Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24016 Re: Request to be placed on the Public Hearing Agenda for the August 13, 1990t City Council Meeting To the Honorable Mayor and Members of City Council: Roanoke & Botetourt Telephone Company requests that it be placed on the August 13, 1990, public hearing agenda to address Council regarding a franchise to use the streets and publlc ways of the City to construct a fiber-optic telecommunications system and that Council advertise for and receive bids in connection therewith. Please place this matter on your agenda and contact me should you have any questions. Thank you for your assistance. JPG/pcb cc: J. Allen Layman Wilburn C. Dibling, Very truly yours, WOODS, ROC~./HAZ L~..GROVE Jr. M#10645 Office of the City Clerk October 3, 1990 File #21-2 Hr. ~'. Robert Herbert City ~anager Roanoke, Virginia Dear Hr. Herbert: I am attaching copy of Ordinance No. 30251-10190 authorizing a contract between the City and Roanoke Memorial Hospitals pro- iding for the conveyance by the City to Roanoke Memorial ,~ospitals of certain property adjacent to the hospital and the conveyance by Roanoke Memorial Hospitals to the City of a certain approximate .42 acre parcel of property together with payment to the City, in the amount of $484,982.U0, upon certain terms and conditions deemed necessary as more particularly set forth in a report to the Council dated September 24, 1990, from the ~ater Resources Committee. Ordinance No. 30251-10190 was adopted by the Council of the City of Roanoke on first reading on Monday, September 24, 1990, also adopted by the Council on second reading on Monday, OctoDer I, 1990, and will following the date of its second reading. take effect Sincerely, ~~ ten days Mary F. ParKer, CMC/AAE City Clerk MFP:ra Enc. pc: ~r. I. B. Heinemann, Executive Vice President, Carilion Health System, P. O. Box 13727, Roanoke, Virginia 24036-3727 ~r. G. O. Vernon, AIA, Senior Associate, Sherertz, FranKlin, Crawford & Shaffner, 14 ~est Kirk Avenue, Roanoke, Virginia 24011 ~r. Joel M. Schlanger, Director of Finance ~s. Deborah J..Hoses, Chief of Billings and Collections Mr. Kit B. Kiser, Director of Utilities and Operations ~r. ~. Craig Sluss, ~anager, ~ter Department Hr. ~illiam F. Clark, Director of Public ~orks Room 456 Municipal Building 215 Chu~h Avenue, S.W. Roanoke, Vi~inia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st Day of October, 1990. No. 30251-10190. VIRGINIA, AN ORDINANCE authorizing a contract between the City and Roanoke Memorial Hospitals providing for an exchange of real pro- perty upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest respectively in form approved by the City Attorney an appropriate contract with Roanoke Memorial Hospitals providing for the conveyance by the City to Roanoke Memorial Hospitals of certain property adjacent to the hospital and the conveyance by Roanoke Memorial Hospitals to the City of a certain approximate .42 acre of parcel of property together with payment to the City of $484,982.00, with the City Manager being authorized to take appropriate action to implement said contract including execution of appropriate deeds containing provisions for indemnification of the City and protection of the Roanoke City Crystal Spring Reservoir and other terms and conditions deemed necessary as more particularly set forth in the report to this Council dated September 24, 1990, from the Water Resources Committee. ATTEST: City Clerk. Roanoke, Virginia September 24, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Roanoke Memorial Hospital (RMV) Acquisition of City-owned Property The attached staff report was considered by the Water Resources Con~nittee at its meeting on September 24, 1990. The Co~mnittee recommends that Council authorize the exchange of properties between Roanoke Memorial Hospitals (RM}{) and the City of Roanoke including the cash settlement as outlined in the attached report. Any required relocation of utilities and associated costs to be borne by RMH. City to retain any present utility easements through the site to be acquired by RMH and be granted any required new easements. Respectfully submitted, ETB:KBK:afm Attachment cc: Elizabeth T. Bowles, Chairman Water Resources Committee City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Public Works Manager, Water Department I. B. Heinemann, Executive Vice President, RMH G. O. Vernon, AIA, Senior Associate, Sherertz, Franklin, Crawford & Shaffner INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: RE: September 24, 1990 mbers, Water Resource~ Committee it B. Klser thru ~FRobert Herbert Roanoke Memorial Hospital (RMH) Acquisition of City-owned Property I. Background: A. Carillon Services Inc. (CSI) owns and operates Roanoke Memorial Hospital. Crystal Spring Property of City of Roanoke includes parking lot in front of RMH and areas south of the Hospital between it and the Reservoir/Tennis Court Area. Proposed new South Expansion of RMH, to include new emergency treatment facilities, encroaches onto City-owned properties between the present structure and the Crystal Spring Reservoir/Tennis Court Area (see attached map). De City has retained Crystal Spring property in this area in anticipation of possibility of future State/Federal regula- tions which may require more extensive treatment of water than is now the case. Such treatment would require the construction of a water treatment facility near the spring. II. Current Situation: Exchange of properties between CSI and City has been pro- posed. This would permit hospital to proceed with proposed $60~000,000.00 South Expansion and provide a site nearby for a City water treatment facility when it is needed. B. Properties proposed to be exchanged (and proposed cash settlement) are as follows: City to CSI; a 2.7 acre parcel of land, including the parking lot in front of the hospital and lands between the present structure and the Crystal Spring Reservoir/ Tennis Courts designated on the attached map as parcels "A" and "C" and including City portion of closed Weller Lane. Page 2 ii. CSI to City: a 0.42 acre parcel located generally be- tween the RMH Power House and the City's Tennis Courts, designated on the attached map as Parcel "B", and $484,982.00, which is the difference, established by independent appraisal, between the fair market values of the City and CSI properties, $532,550.00 less $47,568.00, the estimated difference in the cost of construction of the water treatment plant and associated improvements on the RMH site as opposed to the cost of construction on the site currently owned by the City. Water Fund to receive the property and income. C. Additional, but separate~ Council action will likely be requested by CSI to: De Close Weller Lane and either relocate that public street or leave it closed with CSI constructing a separate but private entranceway. The current right-of-way will be requested to become part of the CSI property. ii. Rezoning to allow for the construction and operation of this expanded health care facility. Property exchange and sale contract to affect that exchange will ultimately be dependent upon the separate Council actions outlined in II (C). Hospital will perform those actions once Council has authorized a sale contract for the property exchange. III. Issues: A. Need B. Timing C. Cost to City D. Income to City IV. Alternatives: Ae Committee recommend to City Council that it authorize the exchange of properties between CSI and the City of Roanoke including the cash settlement as outlined in Item II, B (above) and in the attached correspondence. Any required relocation of utilities and associated costs to be borne by CSI. City to retain any present utility easements through the site to be acquired by RMH and be granted any required new easements. Page 3 Ve 1. Need by CSI for expansion area and by City for site for ~re water treatment plant met. 2. ~to permit CSI to continue preparation of plans Tor expansion met. 3. Cost to City is loss of 2.7 acres of property adjacent to Crystal Spring and RMH. Income to City is the 0.42 acre parcel of property be- tween the RMH Power House and the City's Tennis Courts and $484,982.00 cash settlement to be deposited in the Water Fund. Committee not recommend to City Council that it authorize the proposed land exchange and cash settlement between CSI and the City. 1. Need by CSI for expansion room not met. 2. Timing to allow CSI's plans to go ahead not met. 3. Cost to City is possible loss of proposed facility. 4. Income to City is zero. Recommendation: Committee recommend to City Council that it authorize an appropriate contract, in form approved by the City Attorney, including provisions for deed restrictions that use of property conveyed to CSI will in no way harm reservoir, and CS! agree to be responsible for and indemnify City from any such damage and authorize the land exchange between the City and CSI in accordance with Alternative "A". This authorization would be sub- ject to CSI complying with all applicable laws and regulations including, without limitation, approval of the original property subdivision and relocation or closing of Weller Lane. WRH/KBK/RVH/mm Attachments CC: City Attorney Director of Finance Director of Public Works Manager, Water Department I. B. Heinemann, Executive Vice President, RMH G. O. Vernon, AIA, Senior Associate, Sherertz, Franklin, Crawford & Shaffner CAI LION September 7, 1990 Mr. Kit B. Kiser Director of Utilities and Operations Roanoke City Offices Municipal Building, Room 354 215 Church Avenue, S.W. Roanoke, VA 24011 Re: Roanoke 14mmorial Hospital Land Acquisition Proposal Dear Kit: Enclosed is a copy of Agreement and Contract of Sale regarding the proposed expansion to the Roanoke Memorial Hospital facilities. Also included is a copy of a reduced small-scale print of the overall Site Plan of the proposed new expansions and required property exchanges for this project. Additionally, we are enclosing a copy of the Miller, Long and Associates, Inc. appraisal previously submitted regarding the +?- 2.7 acre irregular shaped parcel of land adjacent to the hospital, presently owned by the City, with an estimated value of $581,000.00. The 0.43 acre parcel of land presently owned by Roanoke Hospital Association has been amended to delete a 5~ square foot parcel to allow for the relocated road around the Power House as indicated on the enclosed print. This 588 square foot parcel valued at $2.66 per square foot is rounded off to $1,550.00 should be deducted from the previously submitted appraisal of $50,000.00. The new value of $48,450.00 is indicated in the Miller, Long and Associates, Inc. amended appraisal dated August 29, 1990, included herein. In summary, the present tabulation of land appraisal and cost of construction of the proposed City of Roanoke water treatment plant is as follows: Mr. Kit B. Kiser September 7, 1990 Page 2 1. Land Cost: Acreaae ~ 2.70 ac. $581,000.00 0.42 ac. $ 48,450.00 Location City of Roanoke adjacent to RMH RMH property below Power House 2. Construction Cost Treatment Plant: $532,550.00 Site ~_q,tJ~_~i_iL~ Location 2.70 ac. $251,004.00 City property adjacent to RMH 0.42 ac. $203,436.00 RMH property below Power House TOTAL $484,982. O0 Kit, it is our intention to proceed with the approval process for this project as early as possible with the City of Roanoke. It is paramount for us to have an agreement with the City regarding the sale of the land and get our Bond approval for this project. Any assistance from you to help us proceed with expediting this process and getting it before the Water Resource Conmittee and City Council on September 24, 1990 will be greatly appreciated. We will provide you with copies of the various plots and agreements as we have previously discussed. Please let mo know if you need any additional information. Very truly yours, I. B. Heinemann Executive Vice President IBH:pm Enclosures THIS AGREEMENT AND CONTRACT OF SALE, made this day of , 1990, by and between the City of Roanoke, Virginia, hereinafter referred to as the "City," and Roanoke Memorial Hospitals, hereinafter referred to as the "Hospital"; W I TNE S S E TH THAT, FOR AND IN CONSIDERATION of the sum of FOUR HUNDRED EIGHTY-FOUR THOUSAND NINE HUNDRED EIGHTY-TWO AND NO/100 DOLLARS ($484,982.00) paid and to be paid by Hospital to City as follows: TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) earnest money deposit upon the execution of this agreement, the receipt whereof i~ hereby acknowledged, and the sum of FOUR HUNDRED SEVENTY-FOUR THOUSAND NINE HUNDRED EIGHTY-TWO AND NO/100 DOLLARS ($474,982.00) payable in cash at closing; and FURTHER IN CONSIDERATION of Hospital's agreement, in addition to making the above payment to City, to also convey to City a parcel of land containing .42 acres, more or less, as hereinafter described, THE PARTIES DO HEREBY AGREE AS FOLLOWS: 1. Subject to the terms and conditions contained herein, City does hereby agree to grant and convey unto Hospital, and Hospital agrees to purchase, all those certain tracts or parcels of land designated as Parcels A and C, together with any interest which the City may have in any portion of Weller Lane, S.E., whether now owned or hereafter acquired, if Weller Lane, S.E., or any part thereof is closed (all such referred to as "the Property") lying M#2881 land being hereinafter in the City of Roanoke, State of Virginia, and more particularly described on Exhibit i attached hereto. 2. Subject to the terms and conditions contained herein, Hospital does hereby agree to grant and convey unto the City, and City agrees to purchase, all that certain tract or parcel of land (hereinafter referred to as "Parcel B") lying in the City of Roanoke, State of Virginia, and more particularly described on Exhibit 2 attached hereto. 3. City and Hospital each agree to convey said land to the other party by deed with Special Warranty of Title, free of all material encumbrances and liens. 4. All real estate taxes shall be prorated to the date of actual settlement. All other qlosing costs shall be at the expense of the grantee of each parcel. 5. Possession shall be given each grantee on the settlement date and settlement shall be made within three hundred sixty (360) days from the date of this contract, time being of the essence. 6. City acknowledges that Hospital is purchasing the Property for the purpose of constructing an addition to the main building of Roanoke Memorial Hospitals. Therefore, this contract of sale is contingent upon and subject to the following conditions and covenants: A. Hospital obtaining satisfactory assurance from all necessary public and governmental authorities that the Property is properly zoned for construction of a hospital addition and M~2881 -2- related improvements and use therefor, OR, in the alternative, the property being properly zoned for such construction and use. B. Hospital obtaining approval from all necessary public and governmental authorities for the establishment or relocation, at Hospital's expense, of any public utility or other easements as may be necessary or required for the construction of the hospital addition and related improvements on the Property in accordance with Hospital's plans and specifications. C. Hospital obtaining such assurances as it deems necessary from architects, structural engineers, and similar experts that the hospital addition and related improvements, as planned by Hospital, can be constructed on the Property. D. Hospital taking~all necessary action to vacate Weller Lane, S.E., from the point it enters upon the Property to its ending point as a public road and City being able to convey, along with the Property, any interest as it may have in the vacated portion of Weller Lane, S.E., to Hospital. 7. Hospital agrees that the following terms and conditions shall be applicable to its purchase of the Property and conveyance of Parcel B, which terms and conditions shall survive closing: A. The sale of the Property by City is in no way related to and in no way guarantees future site plan or similar approvals by the City of Roanoke, Roanoke City Council, or any boards or commissions appointed by, or agencies of, the City of Roanoke. M#2881 --3-- B. City reserves water, storm drain and sanitary sewer easements for all existing public utilities now located on the Property and Hospital shall take all action deemed necessary by City to reserve such easements. If any such easements need to be relocated in the discretion of City, such relocation shall be at the sole expense of Hospital in accordance with the plans of Hospital, and with such relocation being approved by City. C. Upon any vacation and/or closure of Weller Lane, S.E., Hospital shall grant to the City an easement through and across the Property and the remaining land of Hospital, either over any private roadway which replaces Weller Lane, S.E., and/or any private roadway which provides access to the Hospital's emergency room, power plant or other facilities. Such easement shall be for the purpose of providing ingress and egress for City to other property and facilities owned by it adjacent and contiguous to the property of Hospital. Such easements shall be at such places as shown on the plat of the proposed Hospital addition attached hereto as Exhibit 3, and/or such other places as may be mutually agreeable to the parties. City agrees to convey by quitclaim deed whatever interest, if any, it may receive in the closed portion of Weller Lane, S.E. D. During construction of the proposed hospital addition on the Property, or during any use of the Property thereafter, Hospital shall not conduct any blasting or similar activity which could interfere with the City's public water M#2881 --4-- supply and related facilities located on land adjacent to the Property. E. Hospital shall pay, protect, indemnify and hold harmless City, its officers, agents and employees from and against any and all liabilities, damages, costs, expenses, claims, penalties, fines, demands, suits or judgments of any nature whatsoever, including without limitation, reasonable attorneys' fees arising out of any damage to the property of City or any bodily injury or death to any person occurring on the property of City, which arises directly or indirectly from the construction of improvements by the Hospital on the Property, including, without limitations, any environmental or Comprehensive Environmental Response, Compensation and Liability Act claim, fine, penalty or suit. Hospital further specifically agrees to be responsible to and indemnify, hold harmless and reimburse City for any damage or harm caused to City's public water supply or related facilities arising out of or resulting from such construction and use of the Property, including, without limitation, the supply of water to and from the Crystal Springs water supply. Hospital shall provide suitable contractual liability insurance coverage securing its indemnification obligations contained herein of no less than $1,000,000.00 combined single limit liability per occurrence. F. Hospital shall, at its cost and expense, obtain and maintain at all times when construction is occurring commercial general liability insurance with companies of M#2881 recognized standing, including protection against bodily injury or death, liability and property damage liability, providing no less than $1,000,000.00 combined single limit liability per occurrence, and $2,000,000.00 general aggregate, which policy shall name City as an additional insured for any damage to City property or bodily injury or death to anyone on City property. Hospital shall furnish City with a certificate or certificates showing the type, amount, effective dates and date of expiration of the required insurance policy or policies for the duration of construction pursuant to this agreement. The certificate shall 6ontain substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty ($0) days' written notice has been received by City." G. Hospital covenants and agrees that in the event any repair, adjustment or relocation of City's public utility facilities becomes necessary, for any reason whatsoever related to Hospital's construction work or use of the Property, Hospital, in City's sole and exclusive discretion, shall take such action and shall replace and/or repair such utility facility to its original condition, including any disturbance, excavation or digging on the property of City necessary to accomplish such repair, adjustment or relocation. Such work shall be done in City's satisfaction and at the Hospital's sole cost and expense. Hospital shall receive prior approval from City's Manager of Utility Line Services Department prior to undertaking any M#2881 --6-- activity which will involve disruption of the City's utilities. Further, Hospital covenants and agrees to reimburse City at the prevailing City rate for all work related to any repairs, adjustments or relocation of City's public utility facilities undertaken by City and required as a result of Hospital's improvements to, or activity on, the Property. H. In the event that City constructs a water filtration plant on Parcel B, Hospital shall further grant without change such easements over its property as may be necessary as determined by City for such water or utility lines as may be required to service such water filtration plant. 8. In the event of a breach of this contract by City, the earnest money deposit shall be .returned to Hospital, but such return shall not affect any other remedies available to Hospital for City's breach. In the event Hospital breaches this contract or fails to purchase Parcel A for any reason other than City's breach, the earnest money deposit shall be retained by City, but such payment shall not preclude any other remedies available to City for any breach by Hospital. 9. This contract of sale contains all the terms and conditions of this sale. It is mutually agreed that any oral representations made by any party prior to the signing of this agreement shall be null and void. 10. All continuing and/or future obligations or requirements as set forth in this Agreement shall survive closing and remain in full force and effect. M#2881 -7- 11. This contract of sale shall not be assignable by either Hospital or City without the prior written consent of the other party. 12. This agreement shall be interpreted and applied according to the laws of the State of Virginia and shall be binding upon and inure to the benefit of the successors and assigns of the parties. WITNESS the following signatures and seals: CITY OF ROANOKE By: Its ROANOKE MEMORIAL HOSPITALS By: Its M#2881 PARCEL A BEGINNING at a pin set at the northeast corner of the intersection of South Jefferson Street and Weller Lane, S.E.; thence with the lines of South Jefferson Street and Belleview Avenue, S.E., the following five courses and distances: On a curve to the right with a radius of 485.04 feet, a length of 45.15 feet, a chord distance of 45.13 feet, and a bearing of N. 36° 29' 08" E. to a point; thence N. 38° 52' 19" E. 200.74 feet to a point; thence with a curve to the right with a radius of 104.04 feet, a length of 121.49 feet, a chord distance of 114.70 and a bearing of S. 72° 27' 41" W. to a point; thence S. 73° 56' 56" E. 39.60 feet to a point; thence with a curve to the right with a radius of 50 feet, a length of 14.66 feet, a chord distance of 14.61 feet and a bearing of S. 65° 32' 52" E. to a point on the line of the property of Roanoke Memorial Hospitals (formerly Roanoke Hospital Association); thence with the line of Roanoke Memorial Hospitals the following two courses and distances: S. 16° 01' 04" W. 135.58 feet to a point; thence $. 50° 04' 16" E. 83.59 feet to a point on the line of Weller Lane, S.E.; thence with the line of Weller Lane, S.E., the following six courses and distances, S. 01° to a point; thence with a curve to the 50.00 feet, a length of 24.35 feet, a chord distance of feet and a bearing of S. 73° 37' 30" W. to a point; thence S. 59° 40' 24" W. 112.76 feet to a point; thence with a curve to the right with 31' 16" E. 38.91 feet left with a radius of 24.11 M#15447 a radius of 73.13 feet, a length of 68.92 feet, of 66.40 feet and a bearing of S. 86° 40' 24" W. thence N. 66° 19' 36" W. 164.00 feet to a point; a chord distance to a point; thence with a curve to the right with a radius of 9.89 feet, a length of 17.16 feet, a chord distance of 15.09 feet and a bearing of N. 16° 36' 25" W. to the place of Beginning, containing 1.521 acres more or less and being designated as Parcel A on the plat for Carillon Health Systems (Roanoke Memorial Hospitals' property) prepared by T. P. Parker & Son, Engineers, Surveyors and Planners, dated January 8, 1990. M#15447 PARCEL B BEGINNING at a pin set in the southwestern corner of that parcel of land owned by Roanoke Memorial Hospitals (formerly Roanoke Hospital Association) lying to the south and west of Weller Lane, S.E., said corner being a common corner with the property owned by the City of Roanoke; thence with the line of the property of the City of Roanoke, N. 12° 16' 44" E. 115.00 feet to a point; thence with two new lines through the property of Roanoke Memorial Hospitals the following courses and distances: S. 77° 43' 16" E. 94.52 feet to a point; thence $. 31° 42' 39" E. 54.51 feet to a point on the western boundary of Weller Lane, S.E.; thence with the western boundary of Weller Lane, S.E., a new line through the property of Roanoke Memorial Hospitals extending the line of Weller Lane, S.E., S. 00° 56' 44" W. 94.87 feet to a point; thence with a new line through the property of Roanoke Memorial Hospitals, N. 89° 03' 16" W. 96.70 feet to a point on a line of the property of the City of Roanoke; thence with a line to the property of the City of Roanoke, N. 44° 54' 44" W. 66.88 feet to the point of Beginning, containing .427 acre more or less and being designated as Parcel B on the plat for Carilion Health Systems (Roanoke Memorial Hospitals' property) prepared by T. P. Parker & Son, Engineers, Surveyors and Planners, dated January 8, 1990. M#15447 PARCEL C BEGINNING at a pin set in the southern boundary of Weller Lane, S.E., said point being the common corner of the property of Roanoke Memorial Hospitals located South of Weller Lane, S.E., and the property of the City of Roanoke located northeast of the intersection of South Jefferson Street and Yellow Mountain Road; thence with the line of the property of Roanoke Memorial Hospitals the following three courses and distances: S. 63° 05' 16" E. 28.65 feet to a point; thence S. 72° 33' 16" E. 39.01 feet to a point; thence $. 12° 16' 44" W. 150.79 feet to a point; thence with a new line through the property of the City of Roanoke, the following two courses and distances: N. 55° 51' 00" W. 246.55 feet to a point; thence N. 15° 47' 55" E. 70.58 feet to a point on the southern line of Weller Lane, S.E., thence with the southern line of Weller Lane, S.E., the following two courses and distances: S. 66° 19' 36" E. 73.85 feet to a point; thence with a curve to the left with a radius of 123.13 feet, a length of 88.51 feet a chord distance of 86.62 feet and a bearing of S. 86° 55' 12" E., to the place of Beginning; containing 0.559 acre more or less and being designated as Parcel C on the plat for Carilion Health Systems (Roanoke Memorial Hospitals' property) prepared by T. P. Parker & Son, Engineers, Surveyors and Planners, dated January 8, 1990. M#15447 WELLER LANE That portion of Weller Lane as closed by the City of Roanoke by Ordinance , which runs from the eastern edge of the part of Weller Lane remaining open through the property of Roanoke Memorial Hospitals to the eastern terminus of that portion of Weller Lane now closed and vacated. M#15447 GENERAL DESCRIPTION As more particularly shown on the survey for Carilion Health System (should be Roanoke Memorial Hospitals) dated January 8, 1990, last revised , as prepared by T. P. Parker & Son, Engineers, Surveyors & Planners. M#15447 %o01¢ L Office of the City Clerk October 3, 1990 File #145 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear ~r. Herbert: I am attaching copy of Resolution No. 30260-10190 authorizing you to enter into two contracts with The Salvation Army for payment of services delivered by the orgaaizations's Abused ~omen's Program and Homeless Program to citizens of the City of Roanoke, as more particularly set forth in a report of the City Manager to Council under date of October 1, 1990. Resolution No. 30260-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk ~FP:ra Enc. pC: Mr. ~esley Faulkner, Treasurer, The Salvation Army, 1631, Roanoke, Virginia 24008 Mr. Joel ~. Schlanger, Director of Finance Mr. James D. Ritchie, Director of Human Resources Bo~ Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st Day of October, 1990. No. 30260-10190. VIRGINIA, A RESOLUTION authorizing the City Manager to enter into two con- tracts with the Salvation Army for payment of services delivered by the organization's Abused Women's Program and Homeless Program to citizens of the City of Roanoke. BE 1. Reynolds, the City IT RESOLVED by the Council of the City of Roanoke that: The City Manager or the Assistant City Manager, Earl B. Jr., and the City Clerk are hereby authorized on behalf of to execute and attest, respectively, the requisite contracts, in form approved by the City Attorney, with the Salvation Army for payment of services delivered by said organization's Abused Women's Program and Homeless Program to citizens of the City of Roanoke, such services being more particularly set forth in report of the City Manager dated October 1, 1990, and the attachments thereto. 2. The maximum compensation to the Salvation Army under the contracts authorized by this ordinance shall be $23,000.00 divided as follows: (a) $13,000 for the Abused Women's Program, and (b) $10,000 for the Homeless Program. ATTEST: City Clerk. Roanoke, Virginia October 1, 1990 Honorable Mayor and City Council Roanoke, Virginia Members of Council: SUBJECT: CONTRACT WITH THE SALVATION AR)4Y I. BACKGROUND Salvation Army applied through the Citizens Services Committee for City funds as follows: 1. $25,000.00 to operate a program for the homeless. 2. $25,000.00 to operate a shelter for battered women. City Attorney, through a written opinion, dated April 23, 1986, stated that the City may contract with The Salvation Army, a church, or sectarian institution, as long as the contract is for the care of indigent sick or injured persons, and payment of City funds under any contract does not exceed the fair market value of services rendered. Citizens Services Committee recommended an appropriation of $23,000.00 for Fiscal Year 1990 - 1991 to be used for either program, and City Council concurred in the recommendation. Do Salvation Army requests that the $23,000.00 be divided between the Abused Women's and Homeless Programs as follows: 1. $13,000.00 for the Abused Women's Program. 2. $10,000.00 for the Homeless Program. II. CURRENT SITUATION III. IV. City Manager requests authorization from City Council to execute two contracts approved by the City Attorney with The Salvation Army for the payment of services provided to City citizens under the Abused Women's and Homeless Programs {see attached). ISSUES A. Services to City citizens. B. Legal. C. Budget. ALTERNATIVES A. City Council authorize the City Manager or his designee to execute two contracts approved by the City Attorney with The Salvation Army for payment of services delivered by the Abused Women's Program and the Homeless Program. Services to City citizens. The Salvation Army will continue to provide services, including shelter, food, safety, counselling, and referrals to community resources to the homeless and abused women and children. Legal. Approval of the contracts will ensure compliance with the City Attorney's opinion that a contract is the only way the City can reimburse for the services. Budget. $23,000.00 has been appropriated by City Council June 18, 1990, Ordinance #30109-61890, and is available in account #001-054-1270-2010, Fees for Professional Services. City Council not authorize the execution of two contracts approved by the City Attorney with The Salvation Army for payment of services delivered by the Abused Women's and Homeless Programs for City citizens. 1. Services to City citizens. The Salvation Army may have insufficient funds to provide needed services for the homeless and abused women and children. Legal. Services to the City's homeless and abused women and children could not be funded because, in the opinion of the City Attorney, the City is prohibited from appropriating a direct contribution. 3. Budget. Not an issue. V. RECOI~ENDATION City Council concur in the implementation of Alternative A and authorize the City Manager to execute two contracts approved by the City Attorney with The Salvation Army for the payment of services delivered by the Abused Women's and Homeless Programs. Respectfully submitted, W. Robert Herbert City Manager WRH/JDR/ksf Attachment cc: Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources CITY OF ROANOKE DEPARTMENT OF HIJ~ RESOURCES Abused Women's Program Contract CONTRA~OR CIll' AGENCY CONTP~ACT PERIOD The named parties hereby enter into agreement, subject to the terms and conditions stated herin. atlon Army P, O. Box ]631 Roanoke, Virginia 24008 City of Roanoke Department of Human Resources 215 West Church Avenue, S.W. Roanoke, Virginia 24011 July 1, 1990 through June 30, 1991 I. COI~PLETE DESCRIPTION OF SERVICES Contractor agrees to: AD Provide beds for battered women and their dependent children who are City residents during the period covered by this contract. Bo Provide vocational guidance, individual counseling, and job placement assistance to a program monitored by the Department of Human Resources to individuals placed in the program as a result of this contract. Provide requested reports to the Department of Human Resources, which will include: 1. Information on services given. 2. Number of City residents served. o Assurance that verification is on file that residents for whom the City of Roanoke is billed were residents of the City of Roanoke prior to entering the shelter. 4. Reports as required by the monitoring staff of the Citizens Services Committee. Do Provide written documentation that the physical facility is in compliance with all state and local fire, health, building, and other relevant codes. E. Provide cooperation and compliance with the direction of the Director of Human Resources and other authorized City officials. Provide the Department of Human Resources with specific and measurable program objectives to be accomplished during this contract period. II. COIq~ENSATION AND SCHEDULE OF PAYMENTS The City of Roanoke agrees during this contract period to pay the Contractor $25.00 per family per day for City residents up to a total not to exceed $13,000.00 in total for the year for services under the conditions set forth herein. Payments will be made upon receipt of a properly executed and approved invoice on a monthly schedule. Contractor shall submit such invoice at the end of each month. The City of Roanoke reserves the right to withhold funds for services if it is determined that the services identified in Section I of this contract are not being provided in a professional, acceptable manner. III. CITY LIABILITY The Contractor acknowledges that the City of Roanoke shall not be responsible for any actions of Contractor's employees or designated representatives of the program. In the event of any litigation which may arise as a result of'the Contractor's operation of this program, the Contractor agrees to assume the risk and/or liability for the cost of any such litigation, including, but not limited to, payment of damages or attorney fees to the plaintiff and hold the City of Roanoke harmless therefrom. The Contractor also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Contractor also acknowledges and agrees that the City shall not be obligated to provide insurance coverage, either commercially or self supplied for the Contractor. B. Nothing contained herein shall be deemed an expressed or implied waiver of the sovereign immunity of the City of Roanoke. Co Neither the Contractor, its employees, assigns, or subcontractors shall be deemed employees of the City of Roanoke or of the Department of Human Resources while performing under this agreement. IV. NON-DISCRIMINATION During the performance of this contract, the Contractor agrees as follows: VI. The Contractor will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, disability, or national origin, except where religion, sex, disability, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discrimination clause. The Contractor in all solicitations or advertisements for employees placed by or on behalf of the Contractor will state that such Contractor is an equal employment opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of A and B above. V. GENE~L PROVISIONS Nothing in this contract shall be construed as authority for either party to make commitments which bind the other party beyond the scope of this contract. CANCELLATION CLAUSE This contract shall remain in full force and effect until cancelled by either party giving the other party 30 days written notice of cancellation. Any such notice of cancellation shall be in writing and sent by certified mail (return receipt required) to the City of Roanoke, Director of Human Resources, Room 356, 215 West Church Avenue, S.W., Roanoke, Virginia 24011 in the case of the City; and to the Captain, The Salvation Army, P. O. 8ox 1631, Roanoke, Virginia 24008 in the case of The Salvation Army. No payment will be made for expenses incurred or services rendered after receipt of notice except those expenses incurred prior to date of termination that are necessary to curtailment of operations under this contract. The Contractor is hereby informed that failure to comply with any of the above conditions shall constitute grounds upon which the City of Roanoke may terminate this contract and/or discontinue payments after 30 days notice to the Contractor. If this action is taken, the Director of Human Resources will notify the program in writing by certified mail. VII. RELIGIOUS ORGANIZATION It is recognized that the Salvation Army is a religious organization, and as such, agrees that religious programs and orientation shall not be mandated for residents, but may be made available at the resident's request. No such program or orientation will be funded in whole or in part with funds provided pursuant to this contract. IN WITNESS WHEREOF by the following signatures and seals the City of Roanoke and The Salvation Ar~ky have executed this contract as of this 7~Y~'~ day of CIl~' OF ROANOKE Approved as to form Assistant C~ty AttorNey City Manager THE SALVATION APJ~Y 4~m~l~OO$l~)~Ai~5~ ~T(tle) ~YF~ ~ A POSITION STATEMENT Any agency, gov~t or private, which enters into contract with The Salvation Army, should clearly understand that The Salvation Army is an in- ternational religious and charitable movement organized and operated on a quasi-military pattern and is a branch of the Christian ~urch. All programs of The Salvation Army are under the supervision and control of Salvation Army officers who are ministers of the Gospel. 'The primary objective of The Salvation Arn%; is to help men and wcmen d~cover for th~nselves that God is their Heavenly Father and that through faith in Jesus Christ the mistakes of their past can be forgiven and a nc~w life of right relationships with God aDzt their fellomnen can begin. This, we believe, is the supr~ne rehabilitation which encu~asses and includes all lesser rehabilitations. However, it should also be clearly understood that The Salvation Arn%;'s vast practical ministry of providing food, shelter, health services, counsel- ing and t_he whole gamut of aid, is given unreserv~ly to needy men and wcme_n simply because they are needy. We do not give th~m help as scram kind of desperate bribe to make then into Christians. That would not only be despicable; it would be a failure. Practical aid is given regardless of a person's race, color, creed - or lack of it. If a needy person rejects the Army's gospel, the Army does not reject him or her. Therefore, agencies with any qualms lest they breach the dividing line be- tween church and state by contracting with The Salvation Army, should both take heed and take o~nfort. They will be in contract with an organization which, in cu~,~on with the majority of philanthropic undertakings in the world, was bern out of Christian cc~passion and which unhesitatingly accepts Christ's words, "Without me ye can do nothing." They can be cer~m~n that if their contract is for provision to help meet physical need and physical need only, the very same Christian ethic which motivates The Salvation Army is ~mrantee that the contract will be scrupulously observed. - Jam,~mry 12, 1982 CITY OF ROANOKE DEPARTFIENT OF HUFIAN RESOURCES Homeless P~ogram Con~r~c~ CONTRA~OR CITY AGENCY CONTRACT PERIOD The named parties hereby enter into agreement, subject to the terms and conditions stated herin. The Salvation Army P. O. Box 1631 Roanoke, Virginia 24008 City of Roanoke Department of Human Resources 215 West Church Avenue, S.W. Roanoke, Virginia 24011 July 1, 1990 through June 30, 1991 I. COPlPLETE DESCRIPTION OF SERVICES Contractor agrees to: Provide beds for men, women, and their dependent children who are City residents during the period covered by this contract. Provide food, shelter, vocational guidance, individual counselling, and job placement assistance to a program monitored by the Department of Human Resources to individuals placed in the program as a result of this contract. Provide requested reports to the Department of Human Resources, which will include: 1. Information on services given. 2. Number of City residents served. 3. Assurance that verification is on file that residents for whom the City of Roanoke is billed were residents of the City of Roanoke prior to entering the shelter. Reports as required by the monitoring staff of the Citizens Services Committee. Provide written documentation that the physical facility is in compliance with all state and local fire, health, building, and other relevant codes. E. Provide cooperation and compliance with the direction of the Director of Human Resources and other authorized City officials. Provide the Department of Human Resources with specific and measurable program objectives to be accomplished during this contract period. II. CO(~PENSATION AND SCHEDULE OF PAYMENTS The City of Roanoke agrees during this contract period to pay the Contractor $20.00 per day per bed for City residents up to a total not to exceed $10,000.00 in total for the year for services under the conditions set forth herein. Payments will be made upon receipt of a properly executed and approved invoice on a monthly schedule. Contractor shall submit such invoice at the end of each month. The City of Roanoke reserves the right to withhold funds for services if it is determined that the services identified in Section I of this contract are not being provided in a professional, acceptable manner. III. CITY LIABILITY IV. Ap The Contractor acknowledges that the City of Roanoke shall not be responsible for any actions of Contractor's employees or designated representatives of the program. In the event of any litigation which may arise as a result of' the Contractor's operation of this program, the Contractor agrees to assume the risk and/or liability for the cost of any such litigation including, but not limited to, payment of damages or attorney fees to the plaintiff and hold the City of Roanoke harmless therefrom. The Contractor also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Contractor also acknowledges and agrees that the City shall not be obligated to provide insurance coverage, either commercially or self supplied for the Contractor. Nothing contained herein shall be deemed an expressed or implied waiver of the sovereign immunity of the City of Roanoke. Neither the Contractor, its employees, assigns, or subcontractors shall be deemed employees of the City of Roanoke or of the Department of Human Resources while performing under this agreement. NON-DISCRIMINATION During the performance of this contract, the Contractor agrees as follows: Ao The Contractor will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, disability, or national origin, except where religion, sex, disability, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discrimination clause. Bo The Contractor in all solicitations or advertisements for employees placed by or on behalf of the Contractor will state that such Contractor is an equal employment opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of A and B above. V. GENEI~L PROVISIONS Nothing in this contract shall party to make commitments which of this contract. be construed as authority for either bind the other party beyond the scope VI. CANCELLATION CLAUSE Ao This contract shall remain in full force and effect until cancelled by either party giving the other party 30 days written notice of cancellation. Any such notice of cancellation shall be in writing and sent by certified mail (return receipt required) to the City of Roanoke, Director of Human Resources, Room 356, 215 West Church Avenue, S.W., Roanoke, Virginia 24011 in the case of the City; and to the Captain, The Salvation Army, P. O. Box 1631, Roanoke, Virginia 24008 in the case of The Salvation Army. No payment will be made for expenses incurred or services rendered after receipt of notice except those expenses incurred prior to date of termination that are necessary to curtailment of operations under this contract. The Contractor is hereby informed that failure to comply with any of the above conditions shall constitute grounds upon which the City of Roanoke may terminate this contract and/or discontinue payments after 30 days notice to the Contractor. If this action is taken, the Director of Human Resources will notify the program in writing by certified mail. VII. RELIGIOUS ORGANIZATION Ao It is recognized that the Salvation Army is a religious organization, and as such, agrees that religious programs and orientation shall not be mandated for residents, but may be made available at the resident's request. No such program or orientation will be funded in whole or in part with funds provided pursuant to this contract. IN WITNESS WHEREOF by the following signatures and seals the City of Roanoke and Tho Salvation Army have executed this contract as of this ) ~/~/~ day of CITY OF ROANOKE .?. Approved as to form ' L~ssistant City'Attorney City Iqanager THE SALVATION ARMY (T~tle) ~LI~YFAI.JLKI4ER ~13~,ASV..ll~l A POSITION STATEMENT Any agency, government or private, which enters into contract with The Salvation Army, should clearly understand that The Salvation Army is an in- ternational religious and charitable movement organized and operated on a quasi-military pattern and is a branch of the Christian (~urch. All programs of ~he Salvation Army are under the supervision and control of Salvation Army officers who are ministers of the Gospel. The primary objective of The Salvation Army is to ~elp men and women discover for themselves that God is their Heavenly Father and that through faith in Jesus Ckrist the mistakes of their past can be forgiven amd a new life of right relationships with God a~ their fellc~r~-n can begin. This, w~ believe, is the supr~ne rehabilitation which encu~asses and includes all lesser rehabilitations. Hc~ever, it should also be clearly understood that The Salvation Army's vast practical min/stxy of providing food, shelter, health services, counsel- ing and the whole gamut of aid, is given unreservedly to needy men and wcmen simply because they ere needy. We do not give them help as scme kind of desperate bribe to make them into Christians. ~hat would not only be despimahle; it would be a failure. Practical aid is given regardless of a person's race, color, creed - or lack of it. If a needy person rejects the Army's gospel, t_he Army does not reject him or her. Therefore, agencies with any qualms lest they breach the dividJ-ng line be- tween church and state by contracting with The Salvation Army, should beth take heed and take c~nfort. They will be in contract with an organization which, in* cu~,,on with the majority of philanthropic undertaP, ings in the world, was bern out of (~ristian c~,~ssion and which unhesitatingly accepts Christ's words, "without me ye can do nothing." ~7~ey can be cere~n that if their contract is for provision to help meet physical need and physical need only, the very same Christian ethic which motivates The Salvation Army is guarantee that the contract will be scrupulously observed. - January 12, 1982 Office of the City Clerk October 3, 1990 File #514-207 ~r. ~. Rooert Herbert City Manager Roanoke, Virginia Dear ~r. Herbert: I am attaching copy of Ordinance No. 30262-10190 accepting the bid of S. R. Draper Paving Company, for realignment and reloca- tion of Thirlane Road, in the total amount of $1,261,160.07, and 240 consecutive calendar days. Ordinance No. 30262-10190 was adopted by the Council of the City of Roanoke at a regular meeting bela on Monday, October 1, 1990. Sincerely, ~~ Mary F. Parker, C.M__C/AAE City Clerk MFP:ra pc: Hr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Ms. Dolores C. Daniels, Citizens' Request for Service Ur. Barry L. Key, Manager, Office of ~anagement and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk Octooer 3, 1990 File #514-207 ~r. ~. ~ayne Hylton, Jr. Vice-Presiaent S. R. Draper Paving Company, Inc. 4742 Old Rocky ~ount Road, S. ~'. Roanoke, Virginia 24014 Dear ~4r. Hylton: I am enclosing copy of Ordinance No. 30262-10190 accepting tile bia of S. R. Draper Paving Company, for realignment and reloca- tion of Thirlane Road, in the total amount of $1,261,160.07. and 240 consecutive calendar days. Qrdinance No. 30262-10190 was aaopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 1990. Sincerely, ~ Mary F. Par~er, CMC/AAE City ClerR MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 3, 1990 File #514-257 ~r. Don Bandy President Joe Bandy & Son, Inc. i801 ~urry Road, S. Roanoke, Virginia 24018 Dear ,Ur. Bandy: I am enclosing copy of Ordinance No. 30262-10190 accepting the bid of S. R. Draper Paving Company, for realignment and reloca- tion of Thirlane Road, in the total amount of $1,261,160.07, and 240 consecutive calendar days. Ordinance No. 30262-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October 1, 1990. ©~ behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the aDore- described project. ~K~'~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 October 3, 1990 File #514-207 Mr. James A. Fowler Chairman of the Board Robertson-Fowler Company P. O. Box 679 Buchanan, Virginia 24066 Dear Ur. Fowler: I am enclosing copy of Ordinance No. 30262-10190 accepting the bid of S. R. Draper Paving Company, for realignment and reloca- tion of Thirlane Road, in the total amount of $1,261,160.07, and 246 consecutive calendar days. Ordinance No. 30262-10190 was adapted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 1990. On behalf of the Mayor and Members of City Council, I would like to e~press appreciation for submitting your bid on the above- described project. Sincerely, ~~ ~lary F. Parker, C~C/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 October 3, 1990 File #~14-207 Yr. ,~. ~. Branch Vice-President Branch Highways, Inc. 3902 Franklin Road, S. ~. Roanoke, Virginia 24014 Dear Mr. Branch: I am enclosing copy of Ordinance No. 30262-t0190 accepting the bin of S. R. Draper Paving Company, for realignment and reloca- tion of Thirlane Road, in the total amount of $1,261,160.07, ann 240 consecutive calendar nays. Ordinance No. 30262-1U190 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October 1, 1990. On behalf of the Mayor and Members of City Council, I woula 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 October 3, i990 File #514-207 J. Fletcher Creamer & Son, Inc. 10I East Broadway ~ac~e~sack, New Jersey 07005 Laaies and Gentlemen: I am enclosing copy of ©rdinance No. 30262-10190 accepting the bid of S. R. Draper Paving Company, for realignment and reloca- tion of Thirlane Road, in the total amount of $1,261,160.07, and 240 consecutive calendar days. Ordinance No. 30262-10190 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October 1, 1990. On bei~alf of the ~ayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, ~ Mary F.~ar~er, CMC/AAE City Cler~ MFP:ra Eric. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 3, 1990 File #514-207 Mr. Kenneth S. Bowling Vice-President H. T. Bowling, Inc. Route 2, Box 333 Radford, Virginia 24141 Dear Hr. Bowling: I am enclosing copy of Ordinance No. 30262-10190 accepting the bid of S. R. Draper Paving Company, for realignment arid reloca- tion of Thirlane Road, in the total amount of $1,261,160.07, and 240 consecutive calendar days. ©rdinance No. 30262-10190 was adopted Dy the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 1990. On behalf of the .Mayor arid Members of City Council, I would line to express appreciation for submitting your bid on the above- described project. Sincerely, _ Mary F. Parker, C,~C/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 Qctober 3, 1990 File #514-207 Mr. John ~. Douthat Vice-Presiaent Allegheny Construction Company, 2920 Nicholas Avenue, N. E. Roa~oke, Virginia 24012 Dear Mr. Douthat: I am enclosing copy of Grdinance No. 30262-10190 accepting the bid of S. R. Draper Paving Company, for realignme,~t and reloca- tion of Thirlane Road, in the total amount of $1,261,160.07, and 240 consecutive calendar days. Ordinance No. 30262-1~190 was adopted by the Council of the City of Roanoke at a reqular meeting held on Monday, October 1, 1990. On behalf of the ~ayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, ~ Mary F. Parrer, 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 October 3, 1990 File #514-267 Mr. ~. ~. Owens Executive Vice-President W. C. English, Inc. P. O. Box 191 Altavista, Virginia 24517 Dear Mr. Owens: I am enclosing copy of Ordinance No. 30262-10190 accepting the bid of S. R. Draper Paving Company, for realignment and reloca- tion of Thirlane Roaa, in t~e total amount of $1,261,160.07, and 240 consecutive calendar days. Ordinance No. 30262-10190 was adopted Dy the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 1990. On behalf of the Mayor and ~embers of City Council, I would li~e to express appreciation for submitting your bid on the above- described project. Sincerely, ~~ ~lary F. Parr, er, CMC/AAE City Cler~ MFP: ra E~c . Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st Day of October, 1990. No. 30262-10190. VIRGINIA, AN ORDINANCE accepting the bid of S. R. Draper Paving Company, for realignment and relocation of Thi£1ane Road, 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 $. R. Draper Paving Company, in the total amount of $1,261,160.07 and 240 consecutive calendar days, for realignment and relocation of Thirlane Road, as more particularly set forth in the October 1, 1990 report of the City Manager to this Council, such bid being in full compliance with the City's plans and speci- fications 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, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. 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 October 3, 199U File #60-514-207 Mr. Joel ,~4. $chianqer Director of Finance Roa~oke, Virginia Dear Ur. Schlanger: I am attaching copy of Ordinance No. 30261-10190 amending and reordaining certain sections of the 1990-91 General, Water, Sewage and Capital Projects Funds Appropriations, providing for appropriation of $1,261,160.07, in connection with award of a contract to S. R. Draper Paving Company for the realignment and relocation of Thirlane Road, N. W. Ordinance No. 30261-10190 was aaopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 1, 1990. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ns. Sarah E. Fitton, Construction Cost Technician Ms. Dolores C. Daniels, Citizens' Request for Service Mr. Barry L. Key, Manager, Office of ~anagement and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN T~ COUNCIL OF '~'~ CITY OF ROANOKE, VIRGINIA The 1st Day of October, 1990. No. 30261-10190. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General, Water, Sewage and Capital Projects 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, Water, Sewage, and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1) ....................... Fund Balance Capital Maintenance and Equipment Replacement Program - City Unappropriated (2) ................. $12,350,350 10,440,506 $ 2,077,524 Water Fund Appropriations Capital Outlay Water - New Services, hydrants, lines (3) .......... Capital Outlay from Revenue Realignment of Thirlane Road (4-5) ................. Revenue Accounts Receivable - Cova UPS (6) ................. $ 1,004,075 451,083 1,908,976 179,143 $ 78,088 Sewae~ A ro ria ' ns Lateral Maintenance Capital Outlay (7) ................................. Capital Outlay from Revenue Realignment of Thirlane Road (8-9) ................. Revenue Accounts Receivable - Cova UPS (10) ................ $ 1,215,300 155,300 976,478 38,360 $ 33,660 Capital Proiects Fund A ro riations Capital Improvement Reserve Capital Improvement Reserve (11) ................... Streets and Bridges Realignment of Thirlane Road (12-13) ............... Revenue Due from State - Thirlane Road (14) $ $ 5,653,527 811,777 6,114,120 922,716 391,000 1) Transfer to Capital 2) CMERP - City 3) New Services, Hydrants, Lines 4 Approp. from General Revenue 5 Approp. from Third Party 6 Misc. Receivables - Cova UPS 7 Unidentified Construction 8 Approp. from General Revenue 9 Approp. from Third Party 10 Misc. Receivables - Cova UPS 11) FYg0 Revenue Adj. 12) Approp. from General Revenue 13) Approp. from State 14) Due from State - Thirlane Road (001-004-9310-9508) (001-3323) (002-056-2178-9025) (002-056-8361-9003) (002-056-8361-9004) (002-1115) (003-056-3170-9£ ~5) (003-056-8452-9003) (003-056-8452-9004) (003-1115) (008-052-9575-9188) (008-052-9630-9003) (008-052-9630-9007) (008-1268) $ 125,000 (125,000) (101,055) 101,055 78,088 78,088 ( 4,700) 4,700 33,660 33,660 (598,600) 723,600 391,000 391,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Realignment and Relocation of Thirlane Road, N.W. Roanoke, Virginia October 1, 1990 II. I. Background: A. United Parcel Service (UPS) facility on Thirlane road is under construction with completion scheduled in May 1991. B. City agreement with UPS to provide road improvements within 18 months of UPS obtaining building permit. City-State Agreement has been executed with the Commonwealth of Virginia for all eligible costs not to exceed $391,000.00. State participation is limited to shortest access route to UPS site. City agreed to extend road improvements past site to give UPS two access routes. D. Bids were received by City Council at its September 17, 1990 meeting, publicly opened, and read aloud for the Realignment and Relocation of Thirlane Road. Eight (8) bids were received and referred to the bid committee for review and report back to Council. E. Low bid in the amount of $1~261~160.07 was submitted by S. R. Draper Paving Company, of Roanoke, Virginia. Issues: A. Compliance of the bidders with requirements of the contract documents. B. Amount of the low bid C. Funding for construction D. Time of completion Page 2 III. Alternatives Award a unit price contract to S. R. Draper Paving Company, in the amount of $1,261,160.07 and establish a contingency in the amount of $70,924.93. 1. Compliance of the bidder with the requirement of the contract documents was met. 2. Amount of low bid is acceptable. The low bid is less than the engineer's estimate of $1,396,156.00. 3. Fundin9 for the proposed contract amount is available as follows: o Industrial Access (VDOT) ...... o Water Share COVA (UPS) ....... o Sewer Share COVA (UPS) ....... o Water Fund .......... o Sewer Fund ......... _ . o Capital MaintenanCe'Equipment Replmnt. (Roll-Back Taxes) o Capital Improvement Reserve .... FY 90 Revenue Adjustment Account 008-052-9575-9188 $391,000.00 78,088.00 33,660.00 101,055.00 4,700.00 125,000.00 598,600.00 4. Time of completion of the project is 240 calendar days. B. Reject the bids and do not construct project at this time. 1. Compliance with requirements of the contract documents would not be an issue. 2. Amount of the bid price would probably be higher if bid at a later date. 3. Funds would not be spent at this time. 4. Time for completion of the project would be delayed and would impact the opening of the UPS facility. IV. Recommendation is that City Council take the following action: Approve Alterntive "A" and award the contract to S. R. Draper Paving Company, of Roanoke, Virginia, in the amount of $1,261,160.07 and establish contingency in the amount of $70,924.93 for a total not to exceed $1,332,103.00. Page 3 Be Establish funding as follows to accounts to be established by the~tor of Finance~ Appropriate $391,000.00 from Industrial Access Funds from the Commonwealth of Virginia and establish a receivable account in the Capital Projects Fund. 2. Appropriate $78~088.00 Water Fund share from COVA (UPS) and establish a receivable account in the Water Fund. 3. Appropriate $33,660.00 Sewer Fund share from COVA (UPS) and establish a receivable account in the Sewer Fund. Transfer $4,700.00 from the Sewer Fund Account No. 003-056-3170-9085, Lateral Maintenance, to a project account in the Sewer Fund. Transfer $101,055.00 from the Water Fund Account No. 002-056-2178-9025, New Lines, to a project account in the Water Fund. 6. Transfer $125,000.00 from the Capital Maintenance Equipment Replacement Program (Roll Back Taxes). Transfer $598~600.00 from the Capital Improvement Reserve FY 90 Revenue Adjustment Account No. 008-052-9575-9188 to a project account in the Capital Improvement Fund. Summary of Funding of Items i through 7. Fund Local Other TOTAL Capital $723,600. $391,000. $1,114,600. Water 101,055. 78,088. 179,143. Sewer 4,700. 33,660. 38,360. $829,355. $502.748. $1,332,103. TOTAL C. Reject other bids received. Page 4 WW/JGB/mm Attachment: CC: Tabulation of Bids City Manager City Attorney Director of Finance Citizens' Request for Service City Engineer Construction Cost Technician Respectfully submitted, William-White, Sr., Chair~ian William F. Clark Kit B. Kiser TABULATION OF BIDS REALIGNMENT AND RECONSTRUCTION THIRLANE ROAD, N.W. ROANOKE, VIRGINIA Bids opened before City Council on Monday, September 17, 1990 at 7:30 p.m. BIDDER S. R. Draper Paving Company Joe Bandy & Son Inc. Branch Highways H. T. Bowling, Inc. Allegheny Construction Company, Inc. W. C. English Inc. Robertson-Fowler Co. J. Fletcher Creamer & Son, Inc. AMOUNT $1~261,160.07 $1,267,530.90 $1,278,522.85 $1,291,084.55 ($1,289,827.65 *) $1,369,823.10 $1,369.996.37 $1,426~878.42 $1,719.907.00 * Corrected Amount Bid Bond received with all bids. Engineer's Estimate: $1,396,156.00 W'll'am White, SrT, C~airma~ Kit B. Kiser Office of City Engineer Roanoke, Virginia October 1, 1990 Roanoke, Virginia October 1, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Realignment and Relocation of Thirlane Road, N.W. I concur with the recommendations of the attached Bid Committee Report. Respectfully submitted, W. Robert Herbert City Manager WRH/jGB/mm Office of the City Clerk September 19, 1990 File #514 Mr. ~¥illiam White, Sr., Chairman ) Ur. ~illiam F. Clark ) Committee ~r. Kit B. Kiser ) Gentlemen: The following bias for realignment and reconstruction of Thirlane Road, N. ~., from Peters Creek Road (Route 1i7) for approximately 1.6 miles, were opened aha read before the Council of the City of Roanoke at a regular meeting held on ~onaay, September 17, 1990: BIDDER BASE BID ~'GTAL $. R. Draper Paving Company, Inc. Joe Bandy & Son, Inc. Branch Highways, Inc. ~. T. Bowling, Inc. Allegheny Construction Company, Inc. ~. C. ENGLISH, Inc. Robertson-Fowler Company J. Fletcher Creamer & Son, Inc. $1,261,160.07 1,267,530.90 1,278,522.85 1,291,084.55 1,369,823.10 1,369,996.37 1,426,878.42 1,719,907.00 On motion, duly seconded and unanimously adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, ~-~e:~-~ ~ary F. Parker, CMC/AAE City Clerk MFP:ra Eric. pc: Mr. ~ilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 3, 1990 File #2-237 mro ~. Robert Herbert City ~anager Roanoke, Virginia Dear ~r. Herbert: I am attaching copy of Ordinance No. 30263-10190 authorizing sub- mission of an application to the Federal Emergency Management Agency 1362 Program for possible purchase of residences in the 1900 olock of ~eadowbrook Road by the federal government under the federal Flood Purchase Program; and authorizing acceptance by the City of property purchased by the federal government under suc~ program, upon certain terms and conditions as more par- ticularly set forth in a report to Council from the ~ter Resources Committee under date of October 1, 1990. Ordinance No. 30263-10190 was aaopted by the Council of the City of Roanoke at a regular meeting held on Monday, October i, 1990. Sincerely, ~,_~ ~4ary F. Parker, CMC/AAE City Clerk ~FP:ra Enc. pc: Mr. William F. Clark, Director of Public ~orks Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Gperations Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE The 1st Day of October, 1990. No. 30263-10190. AN ORDINANCE authorizing submission of an application to the Federal Emergency Management Agency for possible purchase by the federal government of certain property under the federal Flood Purchase Program, authorizing acceptance by the City of property purchased by the federal government under such prog£am upon cer- tain terms and conditions, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City ~anager and the City Clerk are authorized to execute and attest respectively in form approved by the City Attorney a formal application and any necessary accompanying documentation for the Federal Emergency Management Agency (FE~A) 1362 Program for the residences in the 1900 block of Meadowbrook Road. 2. The City hereby agrees and the City Manager is authorized to accept on behalf of the City property pur~ ~ased by the federal government under the aforementioned FE~A 1362 Program for open space use as more particularly set forth in the report to this Council from the Water Resources Committee dated October 1, 1990. 3. 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. ~ 2 - Roanoke, Virginia October 1, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Peters Creek Flood Reduction Project Federal Emergency Management Agency (FEMA) 1362 Program The attached staff report was considered by the Water Resources Co~nittee at its meeting on September 24, 1990. The Committee reco~unends that Council authorize the City Manager to file necessary applications with Federal Emergency Management Agency (FEMA) for possible purchases by the federal government of floodprone property in the 1900 block of Meadowbrook Road, N.W. under the Flood Purchase Program and approve a resolution to accept any property resulting from federal purchase for open green space. ETB:KBK:afm Attachment CC; City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Public Works City Engineer Respectfully submitted, T. Bowles, Chairman Water Resources Committee INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: THRU: SUBJECT: September 24, 1990 ,mbers,~ater Resources Committee ~Kit B. Kiser, D iF~ of Utilities & Operations W. Robert Herber~Ci~Y Manager Peters Creek Flood Reduction Project Federal Emergency Management Agency (FEMA) 1362 Program Background on this subject includes: A. Floods in the Roanoke area have caused widespread damage to businesses, residences and public property. Substantial losses are incurred by private property owners and the federal government each time Peters Creek floods. The Peters Creek Watershed experienced rapid development during the 1960s and 7Os. During this rapid growth period prior to the adoption of the City's Floodplain Ordinance, more than 100 residences and businesses were built within the 100 year floodplain of Peters Creek. City Floodplain Ordinance was adopted in October, 1978 to restrict development within certain 100 year floodplains and to qualify property owners for federally subsidized flood insurance. Comprehensive flood damage reduction study for Peters Creek was completed by City Staff in December 1989. This study recommended a $4.4 million flood reduction project consisting of clearing and snagging, channel widening, detention facili- ties, bridge replacement and flood damage reduction for indi- vidual properties. With information provided by the Office of Management and Budget, this study also recommended that the City pursue the opportunity to enhance the flood reduc- tion project by requesting federal assistance through the FEMA 1362 Program. II. Current Situation is: Purchase of floodprone neighborhoods by the Federal Emergency Management Agency (FEMA) is initiated by a request from the local jurisdiction, who also agrees to accept the vacant pro- perty for "open space" use. FEMA administers the Federal Flood Insurance Program and developed the "1362" Program in an effort to reduce the federal government's potential finan- cial liability in extremely floodprone areas. page 2 III. IV. brook Road, in the peters Creek 1900 Block of Meadow . ndidate for the FEMA 1362 B.~ca Program. FEMA personnel met with City and county staff con- cerning the 1362 Program in February, 1990, conducted a field review of several sites, and reviewed the frequency of floodS. rt would be purcha.se.d._~Y~.[~,~ and conveyed to the City C. ~Tj~res-would be razed. Ot ~oano~ ~ · f fourteen (14) contiguoUS residences ro'ect area consist% o . ~ ~:53 800.00. FEMA 1362 D. ~ assesse? value oT_~rt of homeownerS w~th a . m~4~=te)V voluntary u- .... pa purchase ~s u,~,,,,~ ~. ll funded. Assuming that all the -nd is 100 erce~~Yr~ed, the City of Roanoke ~omes are razed rather-----~-~ ~th~r ~n~,, '='"'-~er year in real estate will lose approximately ~ taxeS. E. Questionnaires were sent to residents of the 1900 block of . . , ___,. ~_~ requesting information about their flood MeaOowDroo~ ~u~u ~ insurance policieS. Using this information, FEMA can deter- mine the claim-to-premium ratiO and FEMA will make a final determination as to purchase of property. ailability~eXists according to F. Ay ~ ~an Olin s off~ce. ~ssues A. PublicE_~pogure to Floo~i_~_~ B. Financial C. Lo_~5~Term Maintenance Alterna.tives in order of recommendation: ~. Committee rec~m~?d that City Council authorize the City ~n~ger to submit a formal application for the FEMA 1362 program for the residenceS in the 1900 block of Meadowbrook Road and approve a resolution to accept any property resulting from federal purchase for open green space. ublic exp~c°uld be reduced by removing 1. ~nceS from the floodplain of the mos~ ~uu v Peters Creek. 2. Financial hardship for individual property owners could b-~-~ert~d. The FEMA 1362 Program requires the federal government to purchase property at the higher of the present value or pre-flood value. Page 3 ........ ~ +he "onen space" would be 3. Long term maln~en~nc: u. ~ ~ . ~quired by the City as a condition of federa~ par- ticipation. This maintenance would be performed as a part of the maintenance for the overall Peters Creek Flood Reduction Project required to retain the hydraulic efficiency gained through construction of the project. B. Committee recommend to City Council that the City decline to ~ticipate in the FEMA 1362 Program for the 1900 block of Meadowbrook Road. 1. Public exposure to flooding of the residents of the 1900 ~lock of Meadowbrook Road jill continue to be a concern during each heavy rainfall event. 2. Financial hardship on the residents of this neighborhood ~inue to reduce their ability to relocate. 3. L_~ong term maintenance of this property by the City would not be an issue. Recommendation: Committee recommend to City Council the following ~t~on: A. Authorize the City Manager to file necessary applications ~th FEMA for possible purchases by the federal government of floodprone property in the 1900 block of Meadowbrook Road, N.W. under the Flood Purchase Program and approve a reso- lution to accept any property resulting from federal purchase for open green space. WRH:KBK:JAP:mm CC: City Attorney Director of Finance Director of Public Works City Engineer