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HomeMy WebLinkAboutCouncil Actions 04-17-89Trout (29519) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL April 17, 1989 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Mrs. Bowles was absent. The invocation will be delivered by Father Albert Pereira, Our Lady of Nazareth Roman Catholic Church. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. PUBLIC HEARING A. Public hearing to receive the views of citizens regarding appointment of two School Board Trustees. Candidates for the position are: Guy Wo Byrd, Jr. Garry A. Fleming John T. Geary Thomas L. Orr Finn D. Pincus Denise A. Reedy All remarks were referred to the public interview of School Board candidates to be held on Tuesday, April 25, 1989, at 7:00 p.m., in the City Council Chamber. C-1 CONSENT AGENDA (Approved 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN TtIE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A cor~aunication from Mr. Alton B. Prillaman, Secretary, Roanoke City Electoral Board, transmitting a certified copy of the abstract of votes cast in the Special Election held in the City of Roanoke on April 11, 1989, relating to the Roanoke River Flood Reduction Project. RECOMMENDED ACTION: Receive and file. (i) C-2 Qualification of Mr. Clifford A. Hammer as a member of the Fair Housing Board for a term of three years ending March 31, 1992. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: A communication from Mr. Roger E. Franklin requesting Council's consideration of certain proposals for neigh- borhood revitalization. Referred to the City Manager for study, report and recom- mendation to Council as soon as possible. 5. Reports of Officers: a. City Manager: Briefings: 1. A report with regard to the reco~ended 1989-90 General Fund budget for the City of Roanoke. Referred to the 1989-1990 Budget Study. Items Recommended for Action: A report recommending acceptance of the bid submitted by Progress Press~ in the amount of $13~665.00, for printing the 1988 Annual Report for the citizens of the City of Roanoke; and appropriation of funds therefor. Adopted Ordinance No. 29519 and Ordinance No. 29520. (5-0~ Mr. Garland was out of the Council Chamber.) 3. A report recommending execution of a contract under the Vacant Lot Homesteading Program. Adopted Ordinance No. 29521. (5-0, Mr. Garland was out of the Council Chamber.) 6. Reports of Corawittees: A report of the committee appointed to tabulate bids received for construction of the Coyner Springs gravity sanitary sewer line extension, recommending award of a contract to Dixon Contracting~ Inc., in the amount of $258,783.00; and appropriation of funds therefor. Council Member Robert A. Garland~ Chairman. (2) Adopted Ordinance No. 29522 and Ordinance No. 29523. (6-0) A report of the City Manager concurring in the above bid committee report, recorr~nending that a sanitary sewer easement be granted and an agreement executed with Botetourt County, in connection with the Coyner Springs gravity sewer line extension. Adopted Ordinance No. 29524 on first reading. (6-0) Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 29511, on second reading, rezoning property located on Daleton Avenue, N. E., described as Lots 8 - 13, inclusive, Block 4, Jackson Park Addition, Official Tax Nos. 3210824 3210829, inclusive, from RM-2, Residential Multi-Family, Medium Density District, to LM, Light Manufacturing District. Adopted Ordinance No. 29511. (6-0) 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and members of City Council. be Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. Other Hearings of Citizens: (3) CITY OF ROANOKE X Accf: 10154751 Class: ~01 Expires on: Entered by: GREEN Lasfus®r:COOPER Cily of Roanoke 2x61/2 4/7/I P-E-33 coop The Council of the City of Roanoke will hold a public hearing to receive the views of c tiz pointment of two ,.~...A, a ..... .ens regardJn a S..,.vuf vuc~[u/rustees at its g meeting on Monday, April 17,1989, at 2:00 Roanoke City COuncil Chamber, f ~Munic/pa/ Buildinn 21; r.,. ...... ourth 1 of the aates for the Sch,~., ~,..~_~,,...u~cn Avenue, S.W Candi r,,uus ano Denise A. Ree~'~.' The Council will also hold a public interview of the above~isted six candidates for Board Trustee the position · onTuesd · of School mth.eRoanokeCt ay.,Apnl2.5 1989, at7:0 nm Mun,cipal Building'~C°unc'l ChamDer, fourth floo~)oPf'~ The public is invit~-~l to' submit proposed question thecandidates by filin~ su-'- ..... . s to Clerk's Office ~n ~ ~;n wm[en q.uestions in th · -m456 M · · . eCt p..m., Thursdav, A~ril ~o ,,,,~u~nlcp.al Bulldln , b · asked by members of CJt,,,'--~.?-~'.. All q. u_eshons will be The Council will elect two School Board Trustees for termsof three years each commencing July 1, 1989, at its regularmeeting on MOnda M p.m., in the Ro n~k~ r,.--- Y,. ay 8, 1989 ~, Of the Municip~ln~'l~d~'.r~L;ounc,I Chamber, fo~Jr~J~ Mary F. Parker C#y C/e~ NOTICE OF PUBLIC HEARING AND OF PUBLIC INTERVIEW FOR SCHOOL BOARD TRUSTEE BEFORE THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The Council of the City of Roanoke will hold a public hearing to receive the views of citizens regarding appointment of two School Board Trustees at its regular meeting on Monday~ April 17~ 1989~ at 2:00 p.m., in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. Candidates for the School Board Trustees positions are: Guy W. Byrd, Jr., Garry A. Fleming~ John T. Geary, Thomas L. Orr, Finn D. Pincus and Denise A. Reedy. The Council will also hold a public interview of the above listed six candidates for the position of School Board Trustee on Tuesday~ April 25, 1989~ at 7:00 p.m., in the Roanoke City Council Chamber, fourth floor of the Municipal Building. The public is invited to submit proposed questions to the candidates by filing such written questions in the City Clerk's Office, Room 456, Municipal Building, by 5:00 p.m., Thursday, April 13, 1989. All questions will be asked by members of City Council, and Council may ask such proposed questions filed with the City Clerk as the Council, in its discretion, deems advisable. The Council will elect two School Board Trustees for terms of three years each corr~nencing July 1, 1989, at its regular meeting on Monday, May 8~ 1989, at 7:30 p.m.~ in the Roanoke City Council Chamber, fourth floor of the Municipal Building. Mary F. Parker City Clerk NOTE TO PUBLISHER: Please publish in full once in the Roanoke Times & World News, Morning and Evening Editions, on Friday, April 7~ 1989--BLOCK STYLE. Please send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Office of ~e City Clerk April 19o 1989 File #40 Mr. Alton D. Prillaman, Secretary Roanoke City Electoral ~oard P. 0. Box 2865 Roanoke, Virginia 24001 Dear Mr. Prillaman: Your co~nunication transmitting a certified copy of the abstract of votes cast in the Special Election held in the City of Roanoke on April 11, 1989, relating to the Roanoke River Flood Reduction Project, was before the Council of the City of Roanoke at a regu- lar meeting held on Monday, April 17, 1989. On motion, duly seconded and adopted, the co,~unication was received and filed. Sincere ly, ~l~l_A.~..~._ Mary F. Parker, CMC City Clerk MFP:ra pc: Ms. Audrey M. Franklin, Registrar Room 456 Muni¢ipol Buildin~ 215 Church Avenue SW R4~na4~, Vircj~nia 24011 (703) 981-2541 ELECTORAL BOARD MELBA C. PIRKEY, Chairman CHARLES T. GREEN, Vice Chairman ALTON B. PRILLAMAN, Secretary June 13, 1989 Mrs. Mary F. Parker City Clerk Municipal Building Roanoke, Virginia 24011 Dear Mrs. Parker: Pursuant to Section 24.1-165 of the Code of Virginia and paragraph 7 of Ordinance No. 29439 relating to the Roanoke River Flood Reduction Project, attached is a certified copy of the abstract of votes cast in the Special Election held in the City of Roanoke on April ll, 1989. Yours very truly, Alton B. Prillaman, Secretary Roanoke City Electoral Board cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance ABSTRACT OF VOTES cast in the C-ountylCity of Roanok~ , Virginia, at the sp¢;~i~l election held on Apri 1 11 ,19 89 , on the following question or proposition: ROANOKE RIVER PLOOD REDUCTION PROJECT QUESTION: Shall the City of Roanoke contract a debt and issue its General Obligation Bonds in the maximum principal amount of Seven Million Five Hundred Thousand Dollars ($7,500,000) to finance, together with other available funds, the Roanoke River Flood Reduction Project, a needed permanent public improvement, including channel widening, construction of protective dikes or berms in critieal areas, flood proofing of eertain buildings at the Sewage Treatment Plant, replacement of Iow water bridges, eorr struction of a recreational trail, acquisition and construction of a flood warning system and acquisition of real property for the foregoing, and shall Ordinance No. 29438, adopted by the Council of the City of Roanoke on February 6, 1989, authorizing the issuance of said bonds, be approved? (In FISures) FOR (Yes) 4,27l 3,273 AGAINST (No) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election on fipri] ]1 ,19 89 , do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the question or p~position set forth above. Given under our hands this A copy teste: twelfth day of April , 1989 . /z :. ,, Chairman Wtce Chairman Secretary Secretary, Electoral Board Oft~ce of ~ne City Cler~ April 19~ 1989 File #15-78 Ms. Dolores C. Daniels, Fair Housing Board Roanoke, Virginia Secretary Dear Ms. Daniels: This is to advise you that Mr. Clifford A. Hammer has as a member of the Fair Housing Board for a term of ending March 31~ 1992. Sincerelyj ~lary F. Parkerj CMC City Clerk qualified three years MFP: ra Room 456 Municipal Building 2t5 C~urch Avenue SW Roanoke ~rg~nia 24011 (703) 981-2541 0-2 Oath or Affirh~T6fi~n of Office I, ( .......... '~' , do solemnly swear (or affirm) that will support the Constitution of the United States, and the Constitution of the State of Virginia, and that will faithfully and impartially discharge and perform all the duties incumbent upon me es according to the best of my ability. So help me God. _ ~ / Subscribed and sworn to before me this /' . _ y , ~T , ~ , Deputy Clerk Or, ce of the City Cler~ March 22~ 1989 File #15-178 Mr. Clifford A. Harr~ner 2049 Surry Lane~ N. E. Roanoke, Virginia 24012 Dear Mr. Hammer: At a regular meeting of the Council of the City of Roanoke held on Monday, March 20~ 1989~ you were reelected as a member of the Fair Housing Board for a term of three years~ ending March 31~ 1992. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Ms. Do lores Co Daniels~ Secretary, Fair Housing Board Room 456 MunicipQI Buildin~j 2t5 C~urch Avenue SW P4x:lnohe V~rg~nia 24~1 t (703) 981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the twentieth day of March, 1989, CLIFFORD A. HAMMER was reelected as a member of the Fair Housing Board for a term of three years, ending March 31, 1992. Given under my hand and the Seal of the City of Roanoke this twenty-second day of March, 1989. City Clerk Office of the Cih~ Cler~ April 19~ 1989 File #488 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a cor,munication from ~r. Roger E. Franklin, requesting Council's consideration of certain proposals for neighborhood revitalization, which co,~nunication was before the Council of the City of Roanoke at a regular meeting held on Monday, April 17, 1989. On motion, duly seconded and adopted, the matter was referred to you for study, report and recor~nendation to Council as soon as possible. Sincere ly, ~ Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Roger E. Franklin, 733 Murray Avenue, Virginia 24013 Roanoke~ Room 456 Municipal Building 215 Church Avenue SW Roonoke, "~rg,nia 24011 (703) 981-2541 733 Murray Avenue, s. E. Roanoke, Virginia 24013 April 5, 1989 The Honorable Mayor and Members of the City Council 215 Church Avenue, S. W. Roanoke, Virginia 24016 Subject: Proposals for Neighborhood Revitalization Dear Honorable Mayor and Members of City Council: It is hereby requested, if consistent, that I have an opportunity to present several proposals at your stated council meeting April 17, 1989. It is my understanding that one or two of the following proposals will need intervention by the State of Virginia. Proposals are as follows: Proposal 1: Building Code: Change the code that allows boarded up houses and buildings to remain in that condition for ever after being condemned or any other reason. This should be only a temporary solution until the property owner or owners can bring it up to building code standards or razed, i.e., six (6) months to a year. Reason For Proposal 1: 1) To give the building inspectors some tools to work with after a building is condemned or abandoned. As the code reads now, that is as far as they can go. 2) So the neighbors will know it will be taken care of in the allotted time, therefore, will not have to keep the building inspectors busy talking on the phone about the building or house. 3) Will not cause more blight due to a homeowner next door or in that block knowing his house has been devalued, maybe forever, and not investing money in his property or getting disgusted and moving out of the neighborhood thereby causing another cycle of the same. 4) Businessmen, lawyers and doctors may want to invest in their offices in these neighborhoods if they know property values will not decline. This may keep the few we now have from moving to Vinton or Salem as some have already done. 5) This will also save money from the Community Development Program. Until you have the tools to rid the blight that is now there, you are putting good money after bad and will never be enough or enough building inspectors to do the job. The Honorable Mayor and Members of the City Council April 5, 1989 Page Two Proposal 2: Rental Property: Rental property, other than the one the owner lives in, should be required to register with the city and have a building code inspection at least every two years. Reasons For Proposal 2: 1) Landlords living out of the neighborhood, maybe even out-of-state, are in the business for profit and not for the concerns of the neighborhood unlike a homeowner that lives in the neighborhood. 2) If landlords know they will have to spend money to keep their property up to building and health code regulations or have it razed in six (6) months to a year, it may become unprofitable and sell to a homeowner that will. 3) Tenants may not complain about the property for fear of retaliation by the landlord. Proposal 3: Businesses: Businessmen, doctors, lawyers, restaurants and stores should have an incentive to invest and stay in an area as Southeast. This is now being done with the CDBG funds in the Northwest area. The city should give a tax break for a number of years in these areas. Reasons For Proposal 3: 1) To increase value of property in the neighborhood. 2) Bring more people into the area to buy from the stores, restaurants, and possibly inturn, these people may invest in a house or business, Proposal 4: Funds: Make more effort to let the people know about the different funds available to buy or fix up their homes, i.e., how and where to apply. This could be done by mail, public announcements on TV and radio or all of the above. Reason for Proposal 4: 1) Everyone that needs to know will receive the message. I would like to say that I believe in economic development and neighborhood revitalization for they go hand-in-hand. As for Roanoke City, neighborhood revitalization is a nvast for where in Roanoke is a person to buy land to build a house? It is in these revitalization areas or out of the city. The Honorable Mayor and Members of the City Council April 5, 1989 Page Three In my opinion, to see all these boarded up houses and buildings as I drive in the Southeast, Northeast and Old Southwest areas of the city is one big reason for the lack of interest from the county in the consolidation talks now going on. To my knowledge, this is unheard of in Vlnton, Salem and Roanoke County. This could be one of the reasons for business moving there. From what I read in the papers, I believe each of you are committed to Neighborhood Revitalization and not for one area but as a city as a whole. What effects one area in some ways effects all areas of the city. If there is not more action taken today where it is needed, tomorrow it may be in another area. All it takes is one or two boarded up houses or buildings in a neighborhood. I ask each of you to give these proposals due consideration and hopefully act upon them in a positive way. Please note that I presented these proposals to the April 4, 1989 meeting of the Southeast Action Forum. Their support was given to me concerninE these proposals. Thank you in advance for your consideration and cooperation. Sincerely yours, Roger E. Franklin cc: Mr. Hillard Lantz, President Southeast Action Forum Roanoke, Virginia April 17, 1989 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Please reserve space on Council's agenda for a briefing on the FY ~89-9 Budget. ~ ' Respectful~ submitted, W. Robert Herbert City Manager WRH:EBRJr:mp cc: Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Office of the City Clerk April 19, 1989 File #109 Mr. Tim Orwig Account Executive Virginia Lithography and Graphics Company P. O. Box 870 Roanoke~ Virginia 24005 Dear Mr. Orwig: I am enclosing copy of Ordinance No. 29520~ accepting the bid of Progress Press for printing the 1988 Annual Report to Citizens, in the total amount of $13,665.00, which Ordinance No. 29520 was adopted by the Council of 'the City of Roanoke at a regular meeting held on Monday, April 17, 1989. On behalf of the Members of City Council, I would appreciation for submitting your bid on the project. like to express abovedescribed Sincerely~ Mary F. Parker, CMC City Cler~ MFP:ra Eric. Room 456 Municipal Building 215 (~urch Avenue, SW Roanoke, V~rg~nia 24011 (703) 081-2541 Or, ce of the CiW Cler~ April 19, 1989 File #109 Mr. Robert L. Chocolate Progress Press 2522 Nicholas Avenue, N. Roanoke, Virginia 24012 Dear Mr. Chocolate: I am enclosing copy of Ordinance No. 29520, accepting your bid for printing the 1988 Annual Report to Citizens, in the total amount of $13,665.00, which Ordinance No. 29520 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April I?~ 1989. Sincerely, Mary F. Parker~ CMC City Clerk MFP: ra Eno. pc: Mr. Ms. W. Robert Herbert, M. Michelle Bono, City Manager Public Information Officer Room 456 Municipal Building 215 Church Avenue SW P4x~no~e. ~rg*nia 240t I (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th day of April, 1989. No. 29520. VIRGINIA, AN ORDINANCE accepting the bid of Progress Press made to the City for printiug the 1988 Annual Report to Citizens, rejecting all other bids made to the City; and providing for an emergency. tions and which bid ACCEPTED. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Progress Press made to the City for printing the 1988 Annual Report to Citizens, meeting all of the City's specifica- requirements therefor, for the total bid price of $13,665.00, is on file in the Office of the City Clerk, be and is hereby 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incor- porating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this ordinance. 3. Any and all other bids made to the City for the aforesaid printing 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 ~rd~r 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. April 19, 1989 File #60-109 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29519, amending and reor- daining certain sections of the 1988-89 General Fund Appropriations, providing for the transfer of $13,665.00 from the General Fund Contingency Account to City Manager, Fees for Professional Services~ in connection with award of a contract for printing the 1988 Annual Report for the citizens of the City of Roanoke, which Ordinance No. 29519 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday~ April 17, 1989. Sincerely, Mary F. Parker, City Clerk CMC MFP:ra Eric. pc: Mr. W. Robert Herbert, City Manager Ms. M. Michelle Bono, Public Information Officer Room 456 Municipal Building 215 C~urch Avenue SW. Roanoke Vkg~nia 24011 (703) 981-2541 AN ORDINANCE the 1988-89 General emergency. WHEREAS, for Government of the exist. THEREFORE, IN THE COUNCIL OF TH$ CITY OF ROANOKE, VIRGINIA The 17th day of April, 1989. No. 29519. to amend and reordain certain sections Fund Appropriations, and providing for of the usual daily operation of the Municipal City of Roanoke, an emergency is declared to BE IT ORDAINED by Roanoke that certain sections of the Appropriations, be, and the same are reordained to read as follows, in part: the Council of the City of 1988-89 General Fund hereby, amended and Appropriations General Government City Manager (1) ................................... Non-departmental Contingency - General Fund (2) ..................... $ 7,895,647 444,058 12,364,738 559,321 1) Fees for Prof. Services 2) Contingency (001-002-1211-2010) $ 13,665 (001-00-2-9410-2199) (13,665) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia April 17, 1989 The Honorable Mayor and Members ~C~c~ ,:~ : ,c~ Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: Bid for Printing of 1988 Annual Report for Roanoke Citizens Bid Number 89-3-72 I. BACKGROUND: mo First ma~azine-style annual report for the citizens of the City of Roanoke was produced last year and mailed to every household in the city. Report was designed to educate citizens on the role of local government and to explain how tax dollars were spent in calendar year 1987. Annual report was well received by citizens. Total cost of producing the report was $21,500. March 24, 1989 specifications were developed for printing of annual report. Request for quotations was sent to fourteen (14) vendors currently shown on the City's bid list. A public advertisement was also published in the Roanoke Times and World News. Co Bids were received, after due and proper advertisement, until 2 p.m. on April 6, 1989, at which time all bids so received were publicly opened and read in the office of the Manager of General Services. II. CURRENT SITUATION: A. Two (2) responses were received, with both meeting all required specifications. They were as follows: Progress Press The Virginia Lithography & Graphics Company $13,665.00 $15,345.00 Total of 48,000 copies of 1988 Annual Report would be printed and delivered by the U.S. Postal Service to each mailing address in the City of Roanoke in mid-May. C. Other related costs which are already funded are as follows: Photography $ 1,400 Design and mechanical production 4,750 Typesetting 1,500 Postage 4~700 Total $12,350 Adding in the low bid on printing, the total cost is $26,015. This equates to 26 cents per city citizen. D. Production cost increase of $4,515 over 1987 report is primarily attributable to increased costs for layout and design. Honorable Mayor and Members of Council Page Two III. ISSUES A. Council policy on educating citizenry. B. Funding, IV. ALTERNATIVES: City Council accept the lowest bid meeting specifications, as sub- mitted by Progress Press for printing of the annual report at a total cost of $13,665.00. Council policy on educating citizenry would be reaffirmed. Through this report citizens will gain a clearer understanding of how their local government works and serves. The report is a form of accountability to city citizens. 2. Funding is currently available in the General Fund Contingency Account (001-002-9410-2199). B. City Council reject the bid. 1. Council policy on educating citizenry would not be reaffirmed. 2. Fundin8 is no longer an issue. V. RECOMMENDATION: City Council approve Alternative A accepting the lowest bid meeting specifications as submitted by Progress Press for printing of the annual report at a total cost of $13,665.00, and authorize the City Manager to issue a purchase order for this amount. Appropriate $13,665.00 from General Fund Contingency Account (001-002-9410-2199) to Fees for Professional Services (001-002-1211-2010). Roanoke has a history of strong communications with citizens and busi- nesses of this community. We have an obligation to report to them each year on our progress, accomplishments and challenges. Respectfully submitted, W. Robert Herbert City Manager WRH:mmb cc: M. Michelle Bono, Public Information Officer Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Or, ce of the Ci~ Clerk April 19, 1989 File #78 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: [ am attaching copy of Ordinance No. 29521, authorizing you to execute an Agreement for Acquisition and Maintenance of Vacant Lot with Stephen J. Jones~ purchaser of a vacant lot under the City's Vacant Lot Homesteading Program; authorizing the City Attorney and Director of Finance to execute a deed of trust securing the loan made as a part of the Vacant Lot Homesteading Program and to serve as trustees; and authorizing you to execute a certificate of satisfaction, which Ordinance No. 29521 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 17, 1989o Sincere fy, ./~ Mary F. Parker~ CMC City Clerk MFP:ra Enc. pc: Mr. Wilburn C. Dibling, Jr.~ City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark~ Director of Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. R. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municil:~l Building 215 C~urch Avenue S.W Roanoke. ~rg~nici 24~)t t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th day of April, 1989. No. 29521. VIRGINIA, AN ORDINANCE authorizing the City Manager to execute an Agreement for Acquisition and Maintenance of Vacant Lot with a certain purchaser of a vacant lot under the City's Vacant Lot Homesteading Program; authorizing the City Attorney and Director of Finance to execute a deed of trust securing the loan made as a part of the Vacant Lot Homesteading Program and to serve as trustees; authorizing the City Manager to execute a certificate of satisfaction; and providing for an emergency. WHEREAS, Council finds that vacant lots which have become overgrown with weeds, harbor rats or which become areas for the dump- ing of trash are prejudicial to the public health, welfare and safety; WHEREAS, by Resolution No. 26619, adopted July 25, 1983, this Council approved a Vacant Lot Homesteading Program (hereinafter "the Program") by which Federal Community Development Block Grant (herein- after "CDBG") funds will be loaned to responsible persons to permit their purchase and clearing of vacant lots with the understanding that such deferred payment loans will be forgiven if the purchaser fulfills the conditions of an Agreement for Acquisition and Maintenance of Vacant Lot between such purchaser and the City; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: Vacant Lot, vacant lot, Attorney. 1. The City Manager is hereby authorized for and on behalf of the City to make a deferred payment, forgivable loan of CDBG funds an amount not to exceed $4,000.00 to Stephen J. Jones, (hereinafter "Purchaser") for the purchase of a vacant lot, known as Lot 21, Block 5, R.J.W. New Map, located at approximately 14 Thirteenth Street, S. 0fficial Tax No. 1211204. 2. The City Manager is hereby authorized, for and on behalf of the City, to execute the Agreement for Acquisition and Maintenance of between the City and Purchaser for the purchase of such such Agreement to be approved as to form by the City 3. To secure payment of the loan of CDBG funds made under the Program and performance by Purchaser of the Agreement for Acquisi- tion and Maintenance of Vacant Lot, Purchaser shall execute a deed of trust and deed of trust note, which document shall be approved as to form by the City Attorney. 4. Wilburn C. Dlbling, Jr., City Attorney, and Joel M. Schlanger, Director of Finance, (hereinafter "Trustees") are hereby authorized to serve as Trustnes for and on behalf of the City as bene- ficiary and to execute the deed of trust for and on behalf of the City with respect to such lot. 5. Pursuant to S26-49, Code of Virginia (1950), as amended, City Council reserves the right in its sole discretion for any reason what- soever to appoint a substitute trustee or trustees. 6. Upon payment or full satisfaction of the debt secured by the deed of trust and delivery of the cancelled deed of trust note to the person by whom it was paid, the City Manager shall be authorized to execute a certificate of satisfaction upon form prepared by the City Attorney, and the City Attorney shall be authorized to file such cer- tificate of satisfaction in the Office of the Clerk of the Circuit Court of the City of Roanoke. 7. 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. Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Roanoke, Virginia April 17, 1989 Subject: Contracts Under Vacant Lot Homesteading Program I. Background: A. Vacant Lot Homesteading Program was developed to reduce the number of vacant, neglected lots in the City's neighborhoods by helping responsible parties purchase lots. B. Loans of federal funds made by the City under the Program cover: 1, Purchase price, up to appraised valuej 2. Services o~ a realtor (in some cases)j 3. Legal fees; t,. Costs to clear lot initially, in cases where needed; 5. Other reasonable expenses. C. Current available funding approved by City ~or Vacant Lot Homesteading Program is approximately $11~000~ all from CDBG funds in acount 035-086-8620-510#. II. Current Situation: Contract with intended buyer of the vacant lot must be executed to commit buyer to purchase the lot~ if it is available, and to' maintain it after it is transferred to the buyer. This commitment has been obtained (Attachment). The vacant lot is located on 13th Street S. W. next to a house that is being renovated by the owner-occupant. Currently the lot is overgrown and not maintained. CDBG funds allocated for this program are currently obligated to previous agreements, and execution of this contract (Attachment) is expected to encumber remaining funds, bringing Vacant Lot Homesteading Program to a conclusion unless/until City Council allocates additional funds. Page 2 April 17,1989 III. Issues: Consistency with recommendations of the Housing Development Strategic Plan Task Force Cost to the City IV. Alternatives: A. Authorize the following: City Manager to execute a contract with Stephen ~. Jones to acquire and maintain vacant lot at 14 Thirteenth Street, S~/ in accordance with the Vacant Lot Homesteading Program, contingent on buyer's comple- tion and occupancy of adjacent house; ii. Deferred payment forgiveable loan from CDBG Vacant Lot Homesteading account 035-086-$620-5104 to the buyer for purchase and expenses of transfer of the vacant lot; and iii. City Attorney and the Director of Finance to serve as Trustees of Deed of Trust on loan extended to buyer under the Program. Consistency with the recommendations of the Housing Development Strategic Plan Task Force is met through elimination of the blighting influences of a neglected lot in this neighborhood by encouraging on-going attractive maintenance of the lot through the Vacant Lot Homesteading Program (Goal 2, Obiective C); and encouragement of Rehabilitation of a previously unoccupied blighted house in the area has also been encouraged (Goal 4). Cost to the City will be approximately $3,500 from CDBG funds previously allocated for this Program. B. Do not authorize the following: City Manager to execute the contract with Stephen ~. Jones to acquire and maintain vacant lot at 14 Thirteenth Street, SW in accordance with the Vacant Lot Homesteading Program; ii. Deferred payment forgiveable loan from CDBG Vacant Lot Homesteading Account 035-086-8620-5104 to the buyer for purchase and expenses of transfer of vacant lot; and iii. City Attorney and the Director of Finance to serve as Trustees of Deed of Trust on loan extended to Buyer under the Program. Page 3 April 17, 1989 1. Consistency with the recommendations of the Housing Development Strategic Plan Task Force would not be met. 2. Cost to the City would be nothing initially. However, continued blight from this lot may contribute toward a negative image of this area, and likely subsequent property devaluation and lower tax revenues from surrounding property. V. Recommendation: A. Authorize the following in accordance with alternative "A": City Manager to execute the contract with Stephen J. Jones to acquire and maintain vacant lot at 1# Thirteenth Street, SW in accordance with the Vacant Lot Homesteading Program, contingent on buyer's completion and occupancy of adjacent house; ii. Deferred payment forgiveable loan from CDBG Vacant Lot Homesteading account 035-086-8620-5100 to the buyer for purchase and expenses of transfer of the vacant lot; and iii. City Attorney and the Director of Finance to serve as Trustees of Deed o~ Trust on loan extended to buyer under the Program. WRH:BC:bc Attachment CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator W. Robert Herbert City Manager VACANT LOT HOMESTEADING PROGRAM Grant Agreement for Acquisition and Maintenance of Vacant Lot THIS AGREEMENT is entered into by Stephen 3. 3ones (hereinafter~ the "Buyer") and the City of Roanoke (hereinafter, the "City") concerning a certain vacant lot (hereinafter, the "Lot"), in the City of Roanoke, identified as Official Tax Map Number 121-12-0A~ , described as LOT 21~ BLK )~ R. 3. ~. New Map , located at approximately 1~ Thirteenth Street S. ~. · HEREAS, the Buyer wishes to purchase the Lot, and ~YHEREAS, the City is willing to make a loan of Community Development Block Grant funds to the Buyer to permit the proposed purchase, if the Buyer will agree to certain conditions, as authorized by Roanoke City Counciii THEREFORE, the parties to this Agreement agree as follows: Responsibilities of the City The City hereby agrees to: A. I! the Lot is determined by the City to be available and suitable for transfer (see Section III), the City will make a deterred payment loan (see Section IV) from Community Development Block Grant funds to the Buyer for the following: 1. Purchase price, up to the fair market value of ~lt000.00 , (as determined by the City's O(fice of Real Estate Valuation or a private appraiser retained by the City)i 2. Legal fees associated with purchase and conveyance of the Lot, and settlement not to exceed 3. Other reasonable expenses, approved by the City in advance, associated with the purchase and conveyance of the Lot, such as recording the deed of trust, etc.; z~. Other: Curt clear~ and remove overRrowth (weeds and shrubs) .. from Lot. Remove existinR foundation and i~rade to level. II. Responsibilities o! the Buyer The Buyer agrees to-' A. Obtain a conditional Release of Condemnation on adjacent property known as 12 Thirteenth Street S. W. and occupy this adjacent pro- pecty prior to closing, and continue repairs on this adjacent property until a final Release of Condemnation is obtained. B. Buy the Lot, if it is available, using the financing offered by the City (see Section IV) and closing on said lot within b~5 days after contract for purchase is executed. C. Execute an appropriate deed of trust and deed of trust note approved as to form by the City Attorney, conditioned on the terms of Section IV of this Agreement. The form of the deed of trust is attached as Exhibit A, and the form of the deed of trust note is attached as Exhibit B. D. Seed and Maintain the Lot in compliance with all applicable provisions of the City Code, including keeping the Lot clean and clear of rub- bish~ garbage, brush, and weeds or grass higher than 20 centimeters (7.87 inches). [:or the purposes of this Agreement, the Buyer shall maintain the Lot for a minimum of three years after transfer of the Lot to him/her~ unless otherwise agreed by the City. E. Pay the annumal taxes and all other charges~ assessments and the like accruing on the Lot after the date of the transfer. II1. Availability and Suitability of Lot The City makes no representation that the Lot is available for sale at fair market value. Likewise, no representations are made as to the suitabi- lity of the Lot for transfer~ in so far as quality of title, liens against the property~ etc., are concerned. If the City determines the Lot is either not available for sale at fair market value or not suitable for transfer, the City, in its sole discretion~ may terminate this contract~ and neither party to this Agreement will be obligated further under this Agreement. IV. Financin)~ -- Deferred Payment Loan The City will make a "deferred paymeht loan" to the Buyer for the items specified in I.A. above. This loan will be secured by a deed of trust and deed of trust note on the Lot. The loan will carry a 0% interest rate, i.e. no interest will accrue. As long as the Lot is maintained in accor- dance with this Agreement, no payments will be due on the loan for the three-year period after transfer of the Lot, unless the Buyer sells the Lot within that time, in which case the entire amount of the loan then will become due and payable, unless otherwise adjusted by the City. If the Buyer maintains the Lot for the three years, the loan will be forgiven and the City's deed of trust will be removed. V. Additional Costs A. If the owner is unwilling to accept the fair market value for the Lot, the Buyer may pay any additional amount over and above fair market value demanded by the owner. If the Buyer is not willing to pay this additional amount, the transfer will not occur, and the Buyer will not be obligated for any expenses. B. With the City's approval, the Buyer may select the attorney to per- form necessary legal work on his/her behalf. The City will finance up to S2:)0 for these services. Legal charges exceeding this amount shall be the responsibility of the Buyer. VI. Uses of the Lot A. The Buyer may use the Lot {or any reasonable and legal purpose, including as a yard, garden, etc. B. No structure shall be erected on the Lot during the three-year per-~od after transfer without the prior written consent of the City, as ho[der of the deed of trust. Upon construction with the prior written consent of the City, the City may, at its sole option, remove the deed of trust and forgive the deferred payment loan. C. The Buyer may sell the Lot at any time during the first three years. However, the Buyer will be obligated to repay the entire amount of the loan upon sale, unless otherwise adjusted by the City. VII. Failure to Comply If the City arranges for sale of the Lot to the Buyer, and the Buyer fails to close on the Lot for any reason, the Buyer agrees to pay the City for its costs incurred to that time. If the Buyer does not maintain the Lot according to this Agreement, the City may, at its option, foreclose and take the Lot or require the Buyer to repay the loan, pursuant to the terms and conditions of the deed of trust. VIII.Third Part), Contracts The City shall not be obligated or liable under this contract to any party other than the Buyer. IX. Hold Harmless The Buyer agrees to hold the City, its officers, agents and employees harmless from any and all damagest losses, expenses, and claims that may arise out of the Buyer's use, occupancy or ownership of the Lot during the term of this Agreement. X. Effective Dates This Agreement shall be in effect from the date last signed below, and it shall continue in effect until a date three (3) years after the date of the transfer of the Lot to the Buyer, unless otherwise adjusted by the City with written notification to the Buyer. In Witness Whereof, the City and the Buyer have executed this Agreement. Date: Or, ce c~ ~e {i~ {Ie~ April 19, 1989 File #27 Dixon Contracting, P. O. 8ox 108 Fincastle, Virginia 24090 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29523, accepting your bid for construction of the Coyner Springs Gravity Sanitary Sewer Line, upon certain terms and conditions, in the total amount of $258,783.00~ which Ordinance No. 29523 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 17, 1989. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Enc. Mr. Mr. Mr. Mr. Ms. Mr. Mr. Mr. Mr. Ms. W. Robert Herbert, City Manager Wilburn C. Dibling, Jr.~ City Attorney Joel M. Schlanger~ Director of. Finance William F. Clark~ Director of Public Works Charles M. Huffine, City Engineer Sarah E. Fitton~ Construction Cost Technician Kit 8. Kiser, Director of Utilities and Operations James D. ~itchie, Director of Human Resources Robert F. ~yatt~ Manager, City Nursing Home Mark C. Johnson, Manager, Juvenile Detention Home Dolores C. Daniels, Citizens' Request for Service ROOm 456 Municipal Building 215 C~urch Avenue SW Roanoke, V~rg~nia 240t I (703) 98t-2541 Office of ~e City Cler~ April 19, 1989 File #27 Aaron J. Conner General Contractors, P. O. Box 6068 Roanoke, Virginia 24017 InCo Moore Golf, Inc. P. O. Box 1187 Culpeper, Virginia 22701 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29523, accepting the bid of Dixon Contracting, Inc., for construction of the Coyner Springs Gravity Sanitary Sewer Line, upon certain terms and conditions, in the total amount of $258,783.00, which Ordinance No. 29523 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 17, 1989. On behalf of the Members of City Council, appreciation for submitting your bid project. I would like to express on the abovedescribed Sincerely, / ~ Mary F. Parker, CMC City Clerk MFP:ra Enc. ROOm 456 Municipal Building 215 Church Avenue, SW Roanc~.,~, ~ircj~nia 24011 (703) 981-254.1 IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th day of April, 1989. No. 29523. VIRGINIA, AN ORDINANCE accepting the bid of Dixon Contracting, Inc., for construction of the Coyner Springs Gravity Sanitary Sewer Line, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite con- 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 Dixon Contracting, Inc., made to the City in the total amount of $258,783.00 for construction of the Coyner Springs Gravity Sanitary Sewer Line, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifica- tions made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council, execution of such contract to be subject to approval of the appropriate sup- porting documents. 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, au emergency is deemed to exist, and this ordi- nance shall be iu full force and effect upon its passage. ATTEST: City Clerk. C)~ce c~ ~e ~i~ April 19, 1989 File #27 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29522~ amending and reor- daining certain sections of the 1988-89 General and Sewage Funds Appropriations, providing for the appropriation of $213~240.00 from Previous Years' Retained Earnings in the Sewage Fund, in connection with award of a contract for construction of the Coyner Springs gravity sanitary sewer line extension, which Ordinance No. 29522 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 17~ 1989. Sincere ly, J'~l~l,~l~ Mary F.~arker, CMC City Clerk MFP: ra Enc. pc: Mr. Mr. Mr. Mr. Mr. W. Robert Herbert, City Manageor William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Sarah E. Fitton~ Construction Cost Technician Kit B. Kiser, Director of Utilities and Operations James D. Ritchie~ Director of Human Resources Robert F. Hyatt, Manager, City Nursing Home Mark C. Johnson, Manager, Juvenile Detention Home Dolores C. Daniels~ Citizens' Request for Service Room 456 Municil~al Building 215 Church Avenue, SW I"~:)anc~ V]rg~nia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of April, 1989. No. 29522. AN ORDINANCE to amend and reordain certain sections of the 1988-89 General and Sewage 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 1988-89 General and Sewage Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Non-departmental Transfers to Other Funds (1) ....................... Fund Balance Capital Maintenance and--EquiPment Replacement Program - City (2) ................................ $12,418,403 10,433,640 $ 471,618 Sewage Fund APpropriations Capital Outlay from Revenue Coyner Springs Sewer (3-4) ......................... Revenue Accounts Receivable - Botetourt County (5) ......... $ Fund Balance Retained Earnings $ 5,253,875 294,661 41,421 - Unrestricted (6) ............... $12,944,950 1) Transfer 2) CMERP - City 3) Appr. from General Revenue 4) Appr. from Third Party 5) Accounts Rec. Botetourt Co. 6) Retained Earnings - Unrestricted (003-3336) to Sewage (001-004-9310-9503) $ 40,000 (001-3323) (40,000) (003-056-8444-9003) 253,240 (003-056-8444-9004) 41,421 (003-1208) 41,421 (213,240) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. C!TY -' ~' Honorable Mayor ~d City ~ouneit Roanoke, Virginia Dear Members of Council Subject: Bid Committee Report Coyner Springs Gravity Sanitary Sewer Main Extension Botetourt County for City of Roanoke, Virginia Roanoke, Virginia April 17, 1989 I. Back~round: City Council, at its April 3, 1989 meeting, publicly opened and read aloud the bids received to construct the Coyner Springs Gravity Sanitary Sewer Line from the present Coyner Springs Treatment Plant and the Juvenile Detention Home to the Botetourt County gravity sanitary sewer below the new library, a distance of 5,495 feet. Bo Three (3) bids were received with Dixon Contracting, Inc. submitting the low bid for the sewer main construction in the amount of $258~783.00 and 120 consecutive calendar days. The cost for jacking and boring the pipe under U.S. Route 460 is included in the base price. If tunneling is required, due to encountered field conditions, there could be an additional cost of up to $116~500.00. This eventuality is part of the consideration for the 10% contingency as is an anticipated change order, required by the Virginia Department of Transportation, changing the location of a secondary state road crossing which would add approximately $10,000.00 to the project. Additional funding would be required if Route 460 has to be tunneled (rather than jack and bore) for a majority of its width. Coyner Sprin~s Nursin~ Home and Juvenile Detention Home currently treat their sewage in an Imhoff tank that was constructed in 1939. This treatment plant does not discharge the quality effluent required by the State Water Control Board. Either the Imhoff treatment plant would have to be replaced with a plant capable of meeting secondary treatment standards or a new sewer main constructed to connect to the Botetourt County Gravity sewer at their new library, which in turn ultimately flows to the Regional Sewage Treatment Plant. The agreement, authorized July 11, 1988, between Botetourt County and the City of Roanoke providing for the sharing of the cost of the sewer main construction is explained in the companion report from the City Manager which report also concurs in the recommendations contained in this report. Page 2 II. Issues in order of importance are: A. Compliance of the bidders with the requirements of the contract documents. B. Amount of the low bid. C. Funding of the project. D. Time of completion. III. Alternatives are: ao Award an appropriate contract to Dixon Contracting, Inc. in the amount of $258~783.00 and 120 consecutive calendar days in accordance with the contract documents as prepared by Clean Water Engineers, Inc. of Fincastle, Virginia, in a form approved by the City Attorney and establish a contingency funding amount of an additional $35,878.00 for a total funding need of $294,661.00. 1. Compliance of the bidders with the requirements of the contract documents was met. 2. Amount of the low bid is acceptable; engineer's estimate for this project is $405~000.00. 3. Funding for the project is available in the following funds: a) Sewer Fund Previous Years' Retained Earnings $213,239.46 General Fund Capital Equipment Maintenance & Replacement Program (CMERP) $40,000.00 c) Account Receivable from Botetourt County $41~421.54 TOTAL $294,661.00 4. Time of completion is specified as 120 consecutive calendar days which is acceptable. Page 3 B. Reject the bids received and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the Contract Documents would not be an issue. 2. Amount of the low bid would probably increase if re-bid at a later date. 3. Fundin$ would not be encumbered at this time. Time of completion would be extended. The City of Roanoke has filed a Consent Decree to a Bill of Complaint on behalf of the State Water Control Board to complete this project as expeditiously as possible. IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative "A". Authorize the City Manager to enter into a contractual agreement with Dixon Contracting, Inc. of Fincastle, Virginia to construct the gravity sewer line at Coyner Springs in accordance with the contract documents as prepared by Clean Water Engineers, Inc. in the amount of $258,783.00 and 120 consecutive calendar days and establish a contingency funding amount of $35~878.00. C. Approve the following funding: Appropriate $40~000.00 from the Capital Maintenance and Replacement Program (CMERP) in the General Fund to transfer to the Sewage Treatment Fund Account Number 001-004-9310-9503. 2. Establish a receivable account in the Sewage Fund for $41~421.54 to be received from Botetourt County. 3. Appropriate $213,239.46 from Previous Years' Retained Earnings in the Sewage Fund. Authorize the Director of Finance to establish a new account, entitled Coyner Springs Sewer, in the Sewage Fund for the total amount of $294,661.00 as provided above. D. Reject the other bids received. Page 4 RAG/LBC/mm Attachment: Tabulation of Bids Agreement cc: City Manager City Attorney Director of Finance Director of Human Resources Citizens' Request for Service City Engineer Construction Cost Technician Respectfully submitted, William F. Clark TABULATION OF BIDS COYNER SPRINGS GRAVITY SANITARY SEWER MAIN EXTENSION BOTETOURT COUNTY FOR CITY OF ROANOKE, VIRGINIA Bids opened before City Council at 2:00 p.m. on Monday, April 3, 1989. ADDIT'L FUNDING BIDDER LUMP SUM BID BID BOND IF REQUIRED Dixon Contracting, Inc. $258,783.00 ** YES $116,500.00 * Moore Golf, Inc. $362,144.00 YES $153,800.00 Aaron J. Conner General Contractor, Inc. $398,825.00 YES $79,000.00 Engineer's Estimate: * - Accepted Bid ** - Awarded Bid $405,000.00 ~~, Chairman William F. Clark Kit B. Kiser Clean Water Engineers P. O. Box 218 Fincastle, Virginia Office of City Engineer Roanoke, Virginia April 17, 1989 Office of the Ci~ Clerk April 19, 1989 File #51 Mr. Carr L. Kinder, Jr. Attorney P. O. Box 2795 Roanoke, Virginia 24001 Dear Mr. Kinder: I am enclosing copy of Ordinance No. 29511, rezoning property located on Daleton Avenue, N. E., described as Lots 8 - 13, inclusive, Block 4~ Jackson Park Addition, Official Tax Nos. 3210824 - 3210829, inclusive, from RM-2, Residential Multi-Family, Medium Density District, to LM, Light Manufacturing District, which Ordinance No. 29511 was adopted by the Council of the City of Roanoke on first reading on Monday, April 10~ 1989, also adopted by the Council on second reading on Monday, April 17, 1989, and will take effect ten days following the date of its second reading. Sincere Mary F. Parker, City Clerk CMC MFP: ra Enco pc; Mr. & ~rs. William M. Belcher, 1531 Keswick Avenue, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Ellis G. Bolling, 2520 Craig Road, N. E., Roanoke, Virginia 24012 Mr. Billy E. Chumbley, 1000 Allison Avenue, Vinton, Virginia 24179 Room 456 MunicilDOl Builc:lincj 215 Church Avenue, SW R~:x~noke, Virginia 2401 t (703) 981-254t Mr. Cart L. Kinder, April 19, 1989 Page 2 pc: Mr. Wayne G. Strickland, Executive Director, District Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Administrator Mr. John R. Commission Ms. Doris Layne, Fifth Planning Commission, P. O. Box 2569, Roanoke, Virginia 24010 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Von W. Moody, III, Director of Real Estate Valuation Michael M. Waldvogel~ Chairman, City Planning Commission L. Elwood Norris, Chairman~ Board of Zoning Appeals William F. Clark~ Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner and Zoning Marlles, Agent/Secretary, City Planning Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of April, 1989. No. 29511. AN ORDINANCE to amend $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 321, Sectional 1976 Zone Nap, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multi-Family, Medium Density District, to LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by $36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on April 10, 1989, after due and timely notice thereof as required by $36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 321 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land consisting of six parcels known as Lots 8, 9, 10, 11, 12 and 13, Block 4, Jackson Park Addition, located on the north side of Daleton Avenue, N. E., designated on Sheet No. 321 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3210824, 3210825 and 3210826, 3210827, 3210828 and 3210829 be, and is hereby rezoned from RM-2, Residential Multi-Family, Medium Density District, to LM, Light Manufacturing District, subject to those conditions proffered by and set forth in the Petition to Rezone filed with the City Clerk on February 7, 1989, and that Sheet No. 321 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission April 10, 1989 The Honorable Noel C. Taylor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Vinton Scrap & Metal Company, Inc., represented by Cart Kinder, attorney, that property located on Daleton Avenue, N.E., bearing official tax nos. 3210824-3210829, inclusive, be rezoned from RM-2 to LM, such rezoning to be subject to certain conditions proffered by the petitioner. Background: Petitioner owns property zoned RM-2 on the north side of Daleton Avenue, S.E. Be Petition to rezone property to LM was filed 2/7/89. Purpose of the request is to permit the parking of tractor trailers used in conjunction with the business. Proffered conditions of the rezoning reguest: That the property will be developed in substantial compliance with the site plan prepared by Buford T. Lumsden and Associates, P.C., a copy cf which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. That if no permit has been issued and no development commenced within 3 Room 355 Municipal Building 215 Church Avenue~ S W P,~noke, Virginia 24011 (703) 981-2344 Roanoke City Council Page 2 April 10, 1989 years from the date of final zoning approval, the zoning shall revert to RM-2; Residential Multi-Family, Medium Density District, without further action by City Council. Planning Commission public hearing was held on Wednesday, March 1, 1989. Mr. Carr Kinder, attorney, appeared before the Commission on behalf of the petitioner. Mr. Kinder described the use of the lot as a holding area for trucks waiting to be unloaded. He advised that a truck depot and garage were allowed in the LM zone. Mr. Marlles gave the staff report. He said that the area was surrounded, with one exception, by manufacturing property. He said that staff felt the proposed use would clean up an existing bad situation. Mr. Marlles also stated that the buffering requirements and fencing would screen the proposed use. Mr. Bradshaw agreed and supported the rezoning stating that the City's site plan requirements and rezoning to an LM designation would help create an industrial buffer which would improve an unsightly situation in the Town of Vinton. II. Issues: Land use in the area is a mixture of scattered residences and industry. Land uses on Daleton Avenue are primarily vacant land and industry. Zoning of property is RM-2. Adjacent zoning is LM and HM. Subject property was rezoned from LM to RG-2 (now RM-2) in 1971 for residential development. At the time of the rezoning, most of the area while zoned industrial was vacant or contained scattered residential units. The steep slopes of the property were not considered conducive to industrial development and the southern portion of the property in the Town of Vinton was zoned residential. Utilities for water and sewer are not available without an extension of lines. Neighborhood residential area is removed from the subject property. Screening and buffering provisions for adjacent residential properties would apply to any new development. Roanoke City Council Page 3 April 10, 1989 E. Comprehensive Plan recommends that: New or expanded industry and commercial development be good neighbors to adjacent residen%ial properties. Industrially zoned land is limited and should be protected by restricting uses to industrial categories. III. Alternatives: A. City Council approve the rezoning request. Land use changes from a wooded vacant lot to parking lot. Development of the lot must meet City comprehensive development plan requirements (buffering, landscaping, storm water management, etc.). Trailers now parked on the street would be parked off the right-of-way. Zoning becomes LM conditional. Site plan would need modifications to meet City requirements (zoning 36.1-576-585). A more detailed plan would have to be prepared. If no development occurs within three years, the zoning reverts to RM-2. Utilities for water and sewer not affected. Storm water runoff would have to be managed on site. Neighborhood residences would be screened from the new development. 5· Comprehensive Plan would be followed. B· City Council deny the rezoning request. Land use would be unchanged. Further development would be restricted primarily to residential use. 2. Zonin9 would remain RM-2. Utilities would be an issue for future development. 4. Neighborhood remains buffered from industrial uses. Roanoke City Council Page 4 April 10, 1989 5. Comprehensive Plan could be followed. IV. Recommendation: By a vote of 4-1 (Mrs. Goode and Mr. Sowers absent, and Mr. Price voting against the motion), the Planning Commission recommended approval of the requested rezoning. The proposed use would be consistent with manufacturing activity in the vicinity and would be more in conformity with the zoning pattern in the area. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Con~nission JRM:JTT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land consisting of six parcels known as Lots 8, 9, 10, 11, 12 and 13, Block 4, Jackson Park Addition, located on the North side of Daleton Avenue, N.E., in the City of Roanoke, and being that property shown on the Official Tax Map as Nos. 3210824, 3210825, 3210826, 3210827, 3210828 and 3210829, from RM-2; Residential Multifamily, Medium Density District to LM; Light Manufacturing District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE The Petitioner, Vinton Scrap & Metal Company, Inc., owns land in the City of Roanoke containing 22,800 square feet, more or less, located on the north side of Daleton Avenue, N.E. (which street is located in the Town of Vinton), with no street address, having tax map nos. of 3210824, 3210825, 3210826, 3210827, 3210828 and 3210829. Said land is currently zoned RM-2; Residential Multifamily, Medium Density District. A map of the property to be rezoned is attached as Exhibit "A". Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-2; Medium Density District to LM; Light Manufacturing District, for the purpose of use as a tractor trailer depot and parking area for its business located on property across the street from subject property, said business being in the Town of Vinton, Virginia. The Petitioner believes the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan in that it will bring the said land into conformity with the majority of the surrounding land in the City of Roanoke (LM; Light Manufacturing) and the Town of Vinton (Industrial, General District M-2). In addition, the 1949 corporate line runs through Petitioner's land, and that portion of its land in the Town of Vinton is zoned Industrial, General District M-2, the equivalent of HM; Heavy Manufacturing District in the City of Roanoke. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. That the property will be developed in substantial compliance with the site plan prepared by Buford T. Lumsden & Associates, P.C., a copy of which is attached to the Petition for Rezoning as Exhibit "B", subject to any chargtes required by the City during site plan review. -2- 2. That if no permit has been issued and no development commenced within 3 years from the date of final zoning approval, the zoning shall revert to RM-2; Residential Multi-Family, Medium Density District, without further action by City Council. Attached as Exhibit "C" are the names, addresses and tax numbers of the owner or owners of lots or property immediately adjacent to or across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~day of ~~' , 1989. VINTON SCRAP & METAL CO., INC. Respectfully submitted, 20~ Wa~land Street ~,/ BIRD, KINDER & HUFFMAN Vinton VA 24179 P.O. Box 2795 Roanoke VA 24001 (703) 982-1755 G70 --3-- / REZONE FROM RM-2, RESIDENTIAL MULTIFAMILY MEDIUM DENSITY DISTRICT TO LM, LIGHT MANUFACTURING DISTRICT $210qI~ SET F,,ESWICI4. AVENUE, NE. N. 7~' ~"/' OO" E. ' co. Pm. ~ ~,Q.s DLOC~ 4 "UCCY WF..W' C..O. ?.6 1Pd'S ,3z/,-:~'Z'~ N 74' 57'00"E. "' LOT 9 LOT 30 . . LOT t4 PLAT SHOWING PROPERTY OF VINTON SCRAP & ~ETAL$ BEING REZONED FRO8 RI4,~ TO L~ BEING ' TO THE CITY COUNCIL OF THE CITY OF ROANOKE PETITION TO REZONE 6 PARCELS OF LAND KNOWN AS LOTS 8, 9, 10, 11, 12 and 13, BLOCK 4, JACKSON PARK ADDITION, LOCATED ON DALETON AVENUE, N.E.,, IN THE CITY OF ROANOKE AND BEING THAT PROPERTY BEING SHOWN ON THE OFFICIAL TAX MAp AS NOS. 3210824, 3210825, 3210826, 3210827, 3210828 and 3210829. The following is a list of adjoining property owners: (A) In the City of Roanoke, Virginia: (1) William M. & Marie M. Belcher 1531 Keswick Avenue, N.E. Roanoke VA 24012 (2) (3) Tax Map Nos.: (4) 3210804 3210805 3210806 3210807 3210808 3210809 3210812 William M. & Jennie M. Belcher 1531 Keswick Avenue, N.E. Roanoke VA 24012 Tax Map Nos.: 3210810 3210811 Ellis G. & John A. Bolling 2520 Craig Road, N.E. Roanoke VA 24012 Tax Map No.: 3210823 Vinton Scrap & Metal Co., 282 Wayland Street Vinton VA 24179 Inc. Tax Map Nos.: 3210813 3210814 3210830 EXHIBIT "C" (5) (6) Dawn Williams Kusic 4741 N.E. 2nd Terrace Fort Lauderdale FL 33334 Tax Map No.: 3211101 Ronald L. & Dorothy Ratliff 1702 Daleton Avenue, N.E. Vinton VA 24179 (7) Tax Map No.: 3211102 Town of Vinton c/o Vinton Town Manager 311 S. Pollard Street Vinton VA 24179 (B) Tax Map Nos.: In the Town of Vinton: 3211103 3211104 (1) Billy E. Chumbley 1000 Allison Lane Vinton VA 24179 (2) Tax Map Nos.: 60.10-2-22 60.10-2-23 60.10-2-24 60.10-2-25 60.10-2-26 Billy E. Chumbley and Sammy L. Chumbley 1000 Allison Lane Vinton VA 24179 Tax Map Nos.: 60.10-2-27 Adjoining Owners VIN?ON LOO^TION III Ill .~ , F,~U ]Lci< 3E£LOIdl '-'7 ,°b'CL i ~I*ER' S FEE ~9~ o3~+ ~.*~,R L Kit'~DEK~ AT1Y [20 ~HORCH AVE SW :SUIT: ~00 $*FFID~VIT CE PUbLICaTION ~EPKESENTA¥1VE CF THE TI~ES-~ORLO COR- LJF THE ROANONE Tii~ES DAILY NEWSPAPER PU~LiSHED IN l'd~ 3tAlm eF VIRGINIA, OC CERTIFY IHA~ l'~iE ~NNEXCD iN~TICE ~A$ PtbLISHtD iN SAID 03/2q-/~ ,~ MORN I~N~ 03/31/6 ~ MCkNiNG ~,ilNESS, T~iIb 1.Gl DAY OF APRIL 1989 33? NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, April 10, 1989, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from RM-2, Residential Multi-Family, Medium Density District, to LM, Light Manufacturing District, the following property: A tract of land consisting of six parcels known as Lots 8, 9, 10, 11, 12 and 13, Block 4, Jackson Park Addition, located on the north side of Daleton Avenue, N. E., in the City of Roanoke, and bearing Official Tax Nos. 3210824, 3210825, 3210826, 3210827, 3210828 and 3210829. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 22nd day of March 1989 . Mary F. Parker, City Clerk Please publish in full twice, once on Friday, March 24, 1989, and once on Friday, March 31, 1989, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Please bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, VA 24011 Carr L. Kinder, Jr., Attorney P. O. Box 2795 Roanoke, VA 24001 Office of the City Cled~ March 23, 1989 File #51 Mr. Carr L. Kinder Attorney P. 0. Box 2795 Roanoke, Virginia 24001 Dear Mr. Kinder: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your client, Vinton Scrap and Metal Company, that a tract of land consisting of six parcels, described as Lots 8 - 13, inclusive, Dlock 4, Jackson Park Addition, Official Tax Nos. 3210824 3210829, respectively, located on the north side of Daleton Avenue, N. E., be rezoned from RM-2, Residential Multi-Family, Medium Density District, to LM, Light Manufacturing District, subject to certain conditions proffered by the peti- tioner. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 1981, a public hearing on the abovede$cribed request has been set for Monday, April 10, 1989, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which notice and Ordinance were prepared by the City Attorney's Office. Please review the Ordinance and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the City Planning Commission report should be directed to Mr~ John R. Marlles, Chief of Community Planning~ at 981-2344. Sincere ly, Mary F. Parker, CMC City Clerk MFP: ra PUBL I C 34 Room 456 Municipal Building 215 C~urch Avenue SW Roanoke V~rg:nia 24011 (703) 981-254t Mr. Cart L. Kinder ~arch 23, 1989 Page 2 pc: Mr. & Mrs. William M. Belcher, 1531 Keswick Avenue, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Ellis G. Bolling, 2520 Craig Road, N. E., Roanoke, Virginia 24012 Mr. Billy E. Chumbley, 1000 Allison Avenue, Vinton, Virginia 24179 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission~ P. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark~ Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation Of~ce of the City Cler~ February 10, 1989 Mr. }lichael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. Cart Kinder, Attorney, representing Vinton Scrap and Metal Company, requesting that a tract of land consisting of six parcels, known as Lots 8 - 13, Block 4, Jackson Park Addition, located on the north side of Dateton Avenue, N. E., identified as Official Tax Nos. 3210824 3210829, respectively, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra Enco pc: Mr. Carl Kinder, Attorney, P. O. Box 2795, Roanoke, 24001 Mr. John R. Martles, Agent/Secretary, City Planning Corrgnission Mr. Ronatd H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Virginia Room 456 Municipal Building 21§ C~Jurch Avenue, SW Roanol,,e. Virginia 240t I (703) 981-2541 TO CLERK OF THE OF ROANOKE, PERTAINING TO THE REZONING OF: '89 FE? ~7 ?J:~5~ Request from Vinton Scrap & Metal Company, Inc. repre-) sented by Carr Kinder, attorney, that property located) on Daleton Avenue, N.E., bearing official tax nos. )AFFIDAVIT 3210824-3210829, inclusive, be rezoned from RM-2 to ) LM, such rezoning to be subject to certain conditions ) proffered by the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 17th day of February, 1989, notices of a public hearing to be held on the 1st day of March, 1989, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 3210804 3210805 3210806 3210807 3210808 3210809 3210810 3210811 3210812 3210823 Vinton OWNER~ AGENT OR OCCUPANT William M. & Marie M. Belcher ADDRESS 1531 Keswick Avenue,A/~ Roanoke, VA 24012 Ellis G. & John A. Bolling 2520 Craig Road, NE Roanoke, VA 24012 Billy E. Chumbley 1000 Allison Avenue3.%UJ Vinton, VA 24179 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 17th day of February, 1989. Notary Public My Commission Expires: