HomeMy WebLinkAboutCouncil Actions 03-06-89(#29482)
Bowl es
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
March 6, 1989
2:00 p.m.
AGENDA FOR THE COUNCIL
Call to Order -- Roll Call· All present.
The invocation will be delivered by The Reverend S. T.
Stone, Pastor, United Christian Fellowship Church. Present.
The Pledge of Allegiance to the Flag of the United States
of America will be led by Mayor Noel C. Taylor.
CONSENT AGENDA
APPROVED (7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE
MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS-
CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL
BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
Minutes of the special meetings of Council held on Tuesday,
November 22, 1988, and Monday, November 28, 1988.
RECOMMENDED ACTION:
Dispense with the reading thereof and
approve as recorded.
C-2 A cow~nunication from Mayor Noel Co Taylor requesting an
Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and com-
mittees appointed by Council, pursuant to Section 2.1-344 (a)
~ (1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss personnel mat-
ters relating to vacancies on various
authorities, boards, commissions and com-
mittees appointed by Council, pursuant to
Section 2.1-344 (a) (1), Code of Virginia
(1950), as amended·
C-3 A corr~unication from Council Member David A. Bowers
requesting an Executive Session to discuss a personnel matter,
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 a personnel
matter, pursuant to Section 2.1-344 (a)
(1), Code of Virginia (1950), as amended.
(1)
C-4 A communication from
requesting an Executive Session
pursuant to Section 2.1-344 (a)
~ amended.
Council Member David A. Bowers
to discuss a real estate matter,
(3), Code of Virginia (1950), as
RECOMMENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss a real estate
matter, pursuant to Section 2.1-344 (a)
(3), Code of Virginia (1950), as amended.
C-5
A report of the City Manager requesting an Executive
Session to discuss a matter regarding acquisition of real pro-
petty for public purpose, pursuant to Section 2.1-344 (a) (3),
Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss a matter
regarding acquisition of real property for
public purpose, pursuant to Section 2.1-344
(a) (3), Code of Virginia (1950), as
amended.
C-6 A report of the City Manager with regard to a report of Mr.
Charles M. Huffine, City Engineer, as the appointed viewer,
stating that no damages to adjoining properties have resulted
from the extension of Blue Hills Drive, N. E., by Sunlink
~ Corporation.
RECOMMENDED ACTION: Receive and file.
C-7
A communication from
resignation as a member of
Steering Committee.
Mr, Virgil L. Rogers tendering his
the Roanoke Neighborhood Partnership
RECOMMENDED ACTION:
'~J~C-8 A list of
February 27, 1989.
Receive and file the communication and
accept the resignation with regret.
items pending from July 10, 1978, through
RECOMMENDED ACTION: Receive and file.
C-9 A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a personnel matter, 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 a personnel
matter, pursuant to Section 2.1-344 (a)
(1), Code of Virginia (1950), as amended.
REGULAR AGENDA
Hearing of Citizens Upon Public Matters: None.
(2)
4. Petitions and Communications:
a. A communication from Mr. Alton L. Knighton, Jr., Attorney,
representing the City of Roanoke Redevelopment and Housing
Authority, requesting approval of a plan to assist Lee
Howard Partnership III, in financing the acquisition, reha-
bilitation and equipping of a 300-unit apartment complex
known as Brittany Apartments, located at 410 West Side
Boulevard, N. W., by issuance of revenue bonds, in an
amount not to exceed $4,500,000.00; and also in financing
the acquisition, rehabilitation and equipping of a 96-unit
apartment complex known as Woodridge Apartments, located at
2263 Mountain View Terrace, S. W., by issuance of revenue
bonds, in an amount not to e~f_eo~d $2 000 000.00. Adopted
Resolution Nos. 29482 and 29483. ' '
A corr~unication from the Roanoke City School Board
requesting that Council set a public hearing for Monday,
March 20, 1989, at 2:00 p.m., to consider the issuance of
general obligation school bonds, in an amount not to exceed
$170,758.74, to finance the purchase of equipment through
the Governor's Educational Technology Initiative
Procurement and Financing Program for school purposes.
Concurred in the request.
Reports of Officers:
a. City Manager:
Briefings: None.
Items Recommended for Action:
1. A report with regard to distributing Flood Project
~, _~ information to City residents· Concurred in the recommendation
of the City Manager.
2. A report recommending issuance of a change order to the
contract wi th Lanford Brothers Company, Inc. , for
replacement of the Read Road Bridge over N & W Railway
~ tracks, in order to authorize payment for necessary
work and revisions to the sanitary sewer at Read Road.
Adopted Ordinance No. 29484. (7-0)
. A report recor~raending execution of a lease agreement
with the Commonwealth of Virginia and/or Virginia
Polytechnic Institute and State University for use of
space in the Municipal Parking Garage at 111 through
117 Church Avenue, S. W., for a Graduate~ Center
Program. Adopted Ordinance No. 29485. (;_ r').~L//~i.vu ~ ~
6. Reports of Corr~ittees: None.
7. Unfinished Business: None.
Introduction and Consideration of Ordinances and Resolutions:
None.
9. Motions and Miscellaneous Business:
(3)
Inquiries and/or comments by the Mayor and members of City
Council.
b. Vacancies on various authorities, boards, corr~nissions and
committees appointed by Council.
10. Other Hearings of Citizens:
Adopted Ordinance No, 29486~ appropriating $60,000,00, in connection
w~b the purchase of houses located on Autumn Lane, S W.
Adopted Ordinance No,. 29487, acquiring properties located at 4916
and 4926 Autumn Lane~ S? W,
......................................................................
pointed Susan d, Cole as a member of the Roanoke Arts Commission
~\~\~ Reappointed Kit B. Kiser as a member of the ROanoke Regional Airport
Commission,
VML Policy Committee appointments:
Community Economic Development Committee
Effective Government ~ Mr. Dibling
nvironmental Quality - Mr, Kiser
uman Development - Mr. Fitzpatrick
Mr. Trout
Public Safety - Mr, Bowers
Transportation ~ Mrs, Bowles
Education - Mr, Musser
(4)
MINUTES CONSIDERED AT THIS COUNCIL MEETING
MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER,
OR AT THE CITY CLERK'S OFFICE
~flce of ~ ~,~r
March 6, 1989
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,
cor~nissions and corr~ittees appointed by Council, pursuant to
Section 2.1-344 (a) (1), Code of Virginia (1950), as amended.
Noel C.
Mayor
NCT:se
Room 452 Municipal Building 2t5 Chu~'h Avenue, S.W. Raonoke, Virginia 24011 (703) 98t-2444
Office of the Council
March 6, 1989
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I wish to request an Executive Session to discuss a personnel
matter, pursuant to Section 2.1-344 (a) (I), Code of Virginia
(1950), as amended.
Sincerely,
Council Member
DAB: ra
Room 456 Municlpol Building 215 Church A',ze~ue, S.W. Roonoke, 'virginia 2401 '~ (703) 98'K2541
Office of the Council
March 6, 1989
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I wish
matter,
(1950),
to request
an Executive
Session
pursuant to
as amended.
Section
2.1-344
to discuss a real estate
(a) (3), Code of Virginia
DAB: ra
Sincerely,
David A. Bower~-:J`- '. '" ~',".~*.~
Council Member
Room 456 Municipal Building 215 C~urch Avenue, S.W. Roonc~4e, Virginia 2401 t (703) 98t-254'~
Roanoke, Virginia
March 6, 1989
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Please reserve space on Council's agenda for an Executive Session
to discuss acquisition of real property for public purpose in
accordance with Section 2.1-344(a)(3) of the Code of Virginia.
WRH:KBK:afm
cc: City Attorney
Director of Finance
Respectfully submitted,
W. Robert Herbert
City Manager
Honorable Mayor and Members of Council
Roanoke, Virginia
Roanoke, Virginia
March 6, 1989
SUBJECT: BLUE HILLS DRIVE, N.E.
VIEWER'S REPORT
Dear Members of Council:
I. Backsround:
A. Sunlink Corporation purchased Tract 9, Roanoke Centre for Industry
and Technology, effective April 7, 1988.
Bo
Access to the plant is from an unopened section of Blue Hills Drive,
N.E. Council, by Ordinance No. 29272, dated August 22, 1988, author-
ized the grading of a street with a 24 foot paved width from the
existing cul-de-sac to serve Sunlink. Road has been constructed by
Sunlink Corporation at no cost to the City.
Ordinance No. 29272, dated August 22, 1988, also caused the appoint-
ment of Charles M. Huffine, P.E., City Engineer, as viewer to ascer-
tain damages, if any, caused to surrounding properties by the road
construction.
II. Current Situation:
III.
Ao
Viewer, Charles M. Huffine, P.E., City Engineer, upon consideration
of the fact that all construction has taken place within City right-
of-way and no adjoining properties are affected by road construction,
is of the opinion that no damages result from the project.
Bo
Notice to adjoining property owners, required by §15.1-369, Code of
Virginia (1950), as amended, has been accomplished. No appeals of the
viewer's ascertainment of damages, or lack thereof, have been
received.
Issues:
A. Timin~
B. Legal Requirement
C. Cost to City
Page 2
IV.
Alternatives:
A. Council receive and file the report of the appointed viewer, Mr.
Charles M. Huffine, P.E., City Engineer, stating that no damages to
adjoining properties result from the extension of Blue Hills Drive,
N.E., by Sunlink Corporation.
1. Timing to officially record information in a timely manner is
met.
2. Legal requirement for viewer's report met.
3. Cost to City is zero.
B. Council refuse to receive and file viewer's report concerning damages
caused by extension of Blue Hills Drive, N.E.
1. Timing to officially record viewer's report in a timely manner
not met.
2. Legal requirement for report not met.
3. Cost to City is moot.
Recommendation: Council receive and file viewer's report on damages
resulting from construction of extension of Blue Hills Drive, N.E., by
Sunlink Corporation in accordance with Alternative "A".
WRH/mm
Respectfully submitted,
W. Robert Herbert
City Manager
cc:
City Attorney
Director of Finance
Director of Public Works
Director of Utility & Operations
City Engineer
Chief, Economic Development
Or, ce of n~eCi~,Cle~
~arch 10, 1989
Fi le #488
Mr. Virgil L. Rogers
1839 Dluemont Avenue, S.
Roanoke, Virginia 24015
Dear Mr. Rogers:
Your communication tendering your resignation as a member of the
Roanoke Neighborhood Partnership Steering Committee, was before the
Council of the City of Roanoke at a regular meeting held on ~4onday,
March 6, 1989. ·
On motion, duly seconded and unanimously adopted, the communication
was received and filed and your resignation was accepted with regret.
Please find enclosed a Certificate of Appreciation for your years of
service which was issued by the Mayor on behalf of the Members of City
Council.
With kindest regards, I am
MFP: sw
Sincerely, ~~
Mar~ F. Parker, CMC
City Clerk
pc: Mr. William J. Rand, III, Chairman, Roanoke Neighborhood
Partnership Steering Committee, 3571Mudlick Road, S. W.,
Roanoke, Virginia 24018
Ms. Stephanie H. Fowler, Neighborhood Partnership Coordinator
Room 456 Municipal Building 215 C~urch A~nue S W Roanoke X,frg~nia 240t 1 (703) 981-2541
Roanoke, Vir~inia
February 23, 1989
Roanoke '~ · -' ,
· , el~.snbornood Partnership
Steering Co~uit tee
~his is to advise that I find it necessary to
resig~ as a member of the Roanoke Leighborhood Partner-
ship.
Zt has been a aleasure to be associated with
each of you, and I wish ~ou much success in the future.
~%nce~ly ~ps, ~
Vir~ll L. ~
=~ogers
1839 luemont ^-- S.;7.
B ~
Roanoke, ~
,~., 24015
Pending Items
Referral Date
7/10/78
2/23/87
6/20/88
8/8/88
8/8/88
9/12/88
from July 10, 1978,
Referred To
City Manager
Regional Cable
Television Corrgnittee
Regional Gable
Television Committee
City Manager
1989-90 Budget
City Attorney
City Manager
through February 27, 1989.
Item
Recorrgnendation No. 11 con-
tained in the Mayor's 1978
State of the City Message.
(Development of Mill Moun-
tain - hotel.)
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.
Congnunication advising of Cox
Cable Roanoke's intent to
seek renewal of the Cable
Television Franchise in the
City of Roanoke.
Study
Mayor's 1988 State of the
City recommendation No. i -
pursue a diversified economic
development strategy invol-
ving downtown, industrial
areas, tourism and conven-
tions and review the current
City organizational structure
manpower, and money available
to market the City.
Mayor's 1988 State of the
City recommendation No. 5
encourage federal officials
to ensure health care costs
for AIDS patients and to pre-
vent all forms of discrimina-
tion against those who are
stricken with this disease.
Comments of Mr. Michael B.
Smith, regarding the need for
a storm drainage system on
Edgelawn Avenue, N. W., to
eliminate excessive water
run-off.
Pending Items
Referral Date
10/17/88
11/14/88
12/19/88
1/9/89
2/6/89
2/21/89
from July 10, 1978,
Referred To
City Manager
City Manager
City Manager
City Attorney
City Manager
City Manager
Robert A. Garland
Kit B. Kiser
William F. Clark
through February 27, 1989.
Item
Communication from Council
Member David A. Bowers
requesting additional infor-
mation prior to April 1,
1989, regarding progress of
the City administration in
designating additional
buildings in the downtown
area as historic sites.
Report of the City Planning
Commission recommending ap-
proval of the proposal of the
Citizens' Advisory Corrgnittee
on City-Wide Parks Study to
name the sports complex area
near Victory Stadium, "Roa-
noke River Sports Complex."
Request of Mr. Whitey Taylor
to use Victory Stadium for
automobile races.
Matter with regard to speed-
ing on Hemlock Road, N. W.
Concerns expressed by resi-
dents of the Ridgewood Sub-
division with regard to
houses which have been moved
into their neighborhood, and
with regard to tax assess-
ments.
Bids for replacement of che-
mical feeders at the Carvins
Cove Filter Plant.
-2-
C~ce of ~he M~wor
March 6, 1989
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I wish to request an Executive Session
matter, pursuant to Section 2.1-344 (a)
(1950), as amended.
to discuss a personnel
(1), Code of Virginia
Sincere ly,
Noel C. Taylor
Mayor
NCT: se
Room 452 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2444
Office of the Ci~., Cler~
March 10, 1989
File #178
Mr. Alton L. Knighton, Jr., Attorney
Woods, Rogers and Hazelgrove
P. 0. Box 720
Roanoke, Virginia 24004~0720
Dear Mr. Knighton:
I am enclosing copy of Resolution No. 29483, approving the plan of
financing of the City of Roanoke Redevelopment and Housing Authority
relating to the Woodridge Apartments, for the benefit of Lee Howard
Partnership III, a Virginia general partnership to be formed in which
at least a majority of the partnership interests will be owned by
Edwin Jacobson, Fred Jacobson and Hyman Cohen, to the extent required
by Section 147(f), of the Internal Revenue Code of 1986, as amended,
and Section 15.1~1378.1 of the Code of Virginia, 1950, as amended,
which Resolution No. 29483 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, March 6, 1989.
Sincerely, ~
Mary F. Parker, CMC
City Clerk
MFP: sw
pc:
Mr. W. Robert Herbert, City Manager
Mr. Herbert D. McBride, Executive Director, City of Roanoke
Redevelopment and Housing Authority, P. 0. Box 6359, Roanoke,
Virginia 24017
Mr. H. Wesley White, Jr., Land Planning/Subsidized Housing
Director, City of Roanoke Redevelopment and Housing Authority,
P. 0. Box 6359, Roanoke, Virginia 24017
Room 456 Municipal Building 215 C'~urch A',,~"~ue SW Roanoke ',.~rg~nia 240t t (703) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of March , 1989
No. 29483
A RESOLUTION approving the plan of financing of the City
of Roanoke Redevelopment and Housing Authority relating to the
Woodridge Apartments for the benefit of Lee Howard Partnership
III, a Virginia general partnership to be formed in which at
least a majority of the partnership interests will be owned by
Edwin Jacobson, Fred Jacobson and Hyman Cohen, to the extent
required by Section 147(f) of the Internal Revenue Code of
1986, as amended and Section 15.1-1378.1 of the Code of
Virginia of 1950, as amended.
WHEREAS, the City of Roanoke Redevelopment and Housing
Authority (the Authority) has considered the application of Lee
Howard Partnership III, a Virginia general partnership to be
formed in which at least a majority of the partnership inter-
ests will be owned by Edwin Jacobson, Fred Jacobson and Hyman
Cohen, (the Company), requesting the issuance of one or more of
the Authority's revenue bonds or notes (the Bonds) in an amount
not to exceed $2,000,000 to assist in the financing of the
acquisition, rehabilitation and equipping of a 96-unit apart-
ment complex (the Project) known as Woodridge Apartments, which
is located at 2263 Mountain View Terrace, S.W., in the City of
Roanoke, Virginia (the City), and which will be owned and
operated by the Company, and has held a public hearing thereon
on February 27, 1989.
WHEREAS, Section 147(f) of the Internal Revenue Code of
1986, as amended (the Code) provides that the governmental unit
having jurisdiction over the issuer of private activity bonds
and over the area in which any facility financed with the
proceeds of private activity bonds is located must approve the
issuance of the Bonds; and
WHEREAS, the Authority issues its bonds on behalf of the
City, the Project is to be located in the City and the Council
of the City (the Council) constitutes the highest elected
governmental officials in the City; and
WHEREAS, the Authority recommends that the Council approve
the issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to the terms to be agreed
upon, and a certificate of the public hearing have been filed
with the Council;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ROANOKE, VIRGINIA:
1. The recitals in the first preamble to this Resolution
are hereby adopted as a part of this Resolution.
2. The Council approves the financing of the Project and
the issuance of the Bonds by the Authority for the benefit of
the Company, as required by Section 147(f) of the Code and
Section 15.1-1378.1 of the Code of Virginia of 1950, as amended
(the Virginia Code), to permit the Authority to assist in the
financing of the Project.
3. The approval of the issuance of the Bonds, as
required by Section 147(f) of the Code and Section 15.1-1378.1
of the Virginia Code, does not constitute an endorsement of the
Bonds, the creditworthiness of the Company or the financial
viability of the Project. The Bonds shall provide that neither
the Commonwealth of Virginia (the Commonwealth), the City nor
the Authority shall be obligated to pay the Bonds or the
interest thereon or other costs incident thereto except from
the revenues and moneys pledged therefor and that neither the
faith or credit nor the taxing power of the Commonwealth, the
City or the Authority shall be pledged thereto.
4. For purposes of Section 36-19(9) of the Code of
Virginia of 1950, as amended, the Council approves the loan of
the proceeds of the Bonds by the Authority to the Company (or
to such other person or persons as the Company may designate)
to finance the Project and thereby assist in planning,
developing, acquiring, constructing, rehabilitating and
equipping residential buildings.
5. The Authority is hereby authorized to submit an
application to the Virginia Department of Housing and Community
Development requesting an allocation of the "state ceiling"
pursuant to Section 15.1-1399.10 et seq. of the Code of
Virginia of 1950, as amended.
6. This Resolution shall take effect immediately upon
its adoption.
ATTEST:
City Clerk
Oft~ce of the City Clerk
March 10, 1989
File #178
Mr. Alton L. Knighton, Jr., Attorney
Woods, Rogers and Hazelgrove
P. 0. Box 720
Roanoke, Virginia 24004-0720
Dear Mr. Knighton:
I am enclosing copy of Resolution No. 29482, approving the plan of
financing of the City of Roanoke Redevelopment and Housing Authority
relating to the Brittany Apartments, for the benefit of Lee Howard
Partnership III, a Virginia general partnership to be formed in which
at least a majority of the partnership interests will be owned by
Edwin Jacobson~ Fred Jacobson and Hyman Cohen, to the extent required
by Section 147(f), of the Internal Revenue Code of 1986, as amended,
and Section 15.1-1378ol of the Code of Virginia, 1950, as amended,
which Resolution No. 29482 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, March 6, 1989.
Sincerely, ~
Mary F. Parker, CMC
City Clerk
MFP: sw
Enco
pc: Mr. W. Robert Herbert, City Manager
Mr. Herbert D. McBride, Executive Director, City of Roanoke
Redevelopment and Housing Authority, P. O. Box 6359, Roanoke,
Virginia 24017
Mr. ~. Wesley White, Jr., Land Planning/Subsidized Housing
Director, City of Roanoke Redevelopment and Housing Authority,
P. 0. Box 6359, Roanoke, Virginia 24017
Room 456 Munici~oal Building 21,5 C~urch Avenue SW Roanoke ~rg~nia 2401 t (703) 981-254'~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of Ma~cb , 1989
No. 29482
A RESOLUTION approving the plan of financing of the City
of Roanoke Redevelopment and Housing Authority relating to the
Brittany Apartments for the benefit of Lee Howard Partnership
III, a Virginia general partnership to be formed in which at
least a majority of the partnership interests will be owned by
Edwin Jacobson, Fred Jacobson and Hyman Cohen, to the extent
required by Section 147(f) of the Internal Revenue Code of
1986, as amended and Section 15.1-1378.1 of the Code of
Virginia of 1950, as amended.
WHEREAS, the City of Roanoke Redevelopment and Housing
Authority (the Authority) has considered the application of Lee
Howard Partnership III, a Virginia general partnership to be
formed in which at least a majority of the partnership inter-
ests will be owned by Edwin Jacobson, Fred Jacobson and Hyman
Cohen, (the Company), requesting the issuance of one or more of
the Authority's revenue bonds or notes (the Bonds) in an amount
not to exceed $4,500,000 to assist in the financing of the
acquisition, rehabilitation and equipping of a 300-unit apart-
ment complex (the Project) known as Brittany Apartments, which
is located at 410 West Side Boulevard, N.W., in the City of
Roanoke, Virginia (the City), and which will be owned and
operated by the Company, and has held a public hearing thereon
on February 27, 1989.
WHEREAS, Section 147(f) of the Internal Revenue Code of
1986, as amended (the Code) provides that the governmental unit
having jurisdiction over the issuer of private activity bonds
and over the area in which any facility financed with the
proceeds of private activity bonds is located must approve the
issuance of the Bonds; and
WHEREAS, the Authority issues its bonds on behalf of the
City, the Project is to be located in the City and the Council
of the City (the Council) constitutes the highest elected
governmental officials in the City; and
WHEREAS, the Authority recommends that the Council approve
the issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to the terms to be agreed
upon, and a certificate of the public hearing have been filed
with the Council;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ROANOKE, VIRGINIA:
1. The recitals in the first preamble to this Resolution
are hereby adopted as a part of this Resolution.
2. The Council approves the financing of the Project and
the issuance of the Bonds by the Authority for the benefit of
the Company, as required by Section 147(f) of the Code and
Section 15.1-1378.1 of the Code of Virginia of 1950, as amended
(the Virginia Code), to permit the Authority to assist in the
financing of the Project.
3. The approval of the issuance of the Bonds, as
required by Section 147(f) of the Code and Section 15.1-1378.1
of the Virginia Code, does not constitute an endorsement of the
Bonds, the creditworthiness of the Company or the financial
viability of the Project. The Bonds shall provide that neither
the CoK~onwealth of Virginia (the Commonwealth), the City nor
the Authority shall be obligated to pay the Bonds or the
interest thereon or other costs incident thereto except from
the revenues and moneys pledged therefor and that neither the
faith or credit nor the taxing power of the Commonwealth, the
City or the Authority shall be pledged thereto.
4. For purposes of Section 36-19(9) of the Code of
Virginia of 1950, as amended, the Council approves the loan of
the proceeds of the Bonds by the Authority to the Company (or
to such other person or persons as the Company may designate)
to finance the Project and thereby assist in planning,
developing, acquiring, constructing, rehabilitating and
equipping residential buildings.
5. The Authority is hereby authorized to submit an
application to the Virginia Department of Housing and Community
Development requesting an allocation of the "state ceiling"
pursuant to Section 15.1-1399.10 et seq. of the Code of
Virginia of 1950, as amended.
6. This Resolution shall take effect immediately upon
its adoption. ~
ATTEST:
City Clerk
2
WOODS, ROGERS ~ HAZLEGROVE ' ~5~
105 FRANKLIN ROAD. S.W. P.O. BOX 72 ] ! ~ '
982-4232
February 27, 1989
Ms. Mary F. Parker
Clerk of City Council
Municipal Building
Roanoke, VA 24011
In re:
City of Roanoke Redevelopment and Housing
Authority; Financings for Lee Howard
Partnership III
Dear Mary:
On behalf of the Housing Authority, I am enclosing two
proposed resolutions for City Council. I would be ~ost appre-
ciative if you would place these on Council's agenda for
March 6, 1989.
The resolutions would approve two financings by the
Authority for the benefit of Lee Howard Partnership III. As
required by state and federal law, the Authority has held a
public hearing with respect to each of these financings.
I am also enclosing for your records, with respect to each
of these financings, a copy of the Authority's resolution
recommending approval of the financing by City Council (adopted
on February 27, 1989), a report of the Authority's public
hearing and a fiscal impact statement.
Page 2
February 27, 1989
Thank you very much for your assistance. Please let me
know if you should have any questions.
Sincerely,
WOODS, ROGERS & HAZLEGROVE
Alton L. Knighton, Jr.
ALKJr:gfw
Enclosures
cc: Mr. H. Wesley White, Jr. (w/encl.)
Mr. Wilburn C. Dibling, Jr. (w/encl.)
Mrs. Winship C. Tower
DATE APPROVED
ITEM NO. 6
RESOLUTION NO.
RESOLUTION PROVIDING FOR ASSISTANCE
IN THE FINANCING OF THE ACQUISITION,
REHABILITATION AND EQUIPPING OF A
RESIDENTIAL RENTAL PROJECT
KNOWN AS BRITTANY APARTMENTS AND
RECOMMENDING APPROVAL BY CITY COUNCIL
WHEREAS, there have been described to the City of
Roanoke Redevelopment and Housing Authority (the Authority)
the plans of Lee Howard Partnership III, a Virginia general
partnership to be formed in which at least a majority of the
partnership interests will be owned by Edwin Jacobson, Fred
Jacobson and Hyman Cohen (the Company) to cause the acquisi-
tion, rehabilitation and equipping of the 300-unit apartment
complex known as the Brittany Apartments located at 410 West
Side Boulevard, N.W., in the City of Roanoke, Virginia (the
Project);
WHEREAS, the Authority is empowered under the Virginia
Housing Authorities Law (the Act) to make loans for assis-
tance in housing acquisition and rehabilitation by private
sponsors and to issue its bonds for such purpose; and
WHEREAS, the Company has requested the Authority to
issue one or more of its revenue bonds or notes (the Bonds)
in such amounts as may be necessary to provide funds for a
loan to the Company to finance the cost of acquisition,
rehabilitating and equipping the Project, and the Authority
has agreed to do so;
WHEREAS, pursuant to Section 15.1-1378.1 of the Code of
Virginia and Section 147(f) of the Internal Revenue Code, the
Authority has held a public hearing on the issuance of the
Bonds and the financing of the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ROANOKE
REDEVELOPMENT AND HOUSING AUTHORITY:
1. The Authority agrees to assist the Company in the
financing of the acquisition, rehabilitation and equipping of
the Project and, in particular, to undertake the issuance of
the Bonds therefor in an amount now estimated not to exceed
$4,500,000, upon terms and conditions to be mutually agreed
upon between the Authority and the Company. The proceeds of
the Bonds shall be loaned by the Authority to the Company
pursuant to a loan agreement which will provide revenues to
the Authority sufficient to pay the principal of and premium,
if any, and interest on the Bonds and to pay all other
expenses in connection with the Project. The Bonds shall be
issued in form and pursuant to terms to be approved by the
Authority, and payment of the Bonds shall be secured by an
assignment, for the benefit of the holders thereof, of the
Authority's rights to payments under its loan agreement with
2
the Company and may, but need not, be additionally secured by
a mortgage of or security interest in all or part of the
Project or other property of the Company.
2. It having been represented to the Authority that it
is necessary to proceed immediately with the acquisition,
rehabilitation and equipping of the Project, the Authority
agrees that the Company may proceed with plans for the
acquisition, rehabilitation and equipping of the Project,
enter into contracts for acquisition, rehabilitation and
equipping thereof and take such other steps as it may deem
appropriate in connection therewith, provided that nothing
herein shall be deemed to authorize the Company to obligate
the Authority without its consent in each instance to the
payment of any monies or the performance of any acts in
connection with the Project. The Authority agrees that the
Company may be reimbursed from the proceeds of the Bonds for
all costs so incurred by it or by the Company for its
benefit.
3. The Chairman or the Vice Chairman of the Authority
is authorized to institute a proceeding on the Authority's
behalf in the Circuit Court of the City of Roanoke to provide
for the judicial validation of the Bonds pursuant to Article
6, Chapter 5, Title 15.1 of the Code of Virginia, as amended,
if counsel for the Authority or bond counsel shall deem such
a proceeding to be necessary or desirable and, in connection
therewith, to take such action, including the taking of an
appeal, that either such counsel deems necessary or desirable
in order to provide for validation of the Bonds.
4. All costs and expenses in connection with the
financing and the acquisition, rehabilitation and equipping
of the Project, including the fees and expenses of bond
counsel, Authority counsel and the agent or underwriter for
the sale of the Bonds, and the costs of the validation
proceeding, if any, shall be paid from the proceeds of the
Bonds and/or by the Company. If for any reason the Bonds are
not issued, such costs and expenses shall be paid by the
Company, and the Authority shall have no responsibility
therefor.
5. The Authority intends that the adoption of this
resolution shall be considered as "official action" toward
the issuance of the Bonds within the meaning of applicable
Treasury Regulations under Section 142 of the Internal
Revenue Code of 1986, as amended.
6. The Authority hereby recommends that the City
Council of the City of Roanoke (the Council) approve the
financing of the Project and the issuance of the Bonds and,
for purposes of Section 36-19(9) of the Code of Virginia, the
loan of the proceeds of the Bonds by the Authority to assist
in planning, developing, acquiring, constructing, rehabili-
tating and equipping residential buildings.
7. The officers of the Authority are hereby authorized
and directed to deliver to the Council (a) a reasonably
detailed summary of the comments expressed at the aforesaid
public hearing, (b) a fiscal impact statement concerning the
Project in the form specified in Section 15.1-1378.2 of the
Code of Virginia, and (c) copies of this resolution, which
constitutes an inducement resolution and the recommendation
of the Authority that the Council approve the financing of
the Project and the issuance of the Bonds.
8. The Authority shall not be obligated to issue the
Bonds or to take any other action pursuant to this resolution
until it shall have been advised by its counsel that it may
legally do so and, in the case of the issuance of the Bonds,
that all conditions precedent to such issuance have been
satisfied.
9. The bond counsel for the issuance of the Bonds and
any underwriter for the Bonds must be satisfactory to the
Authority.
10. The Chairman, Vice Chairman or Executive Director
of the Authority, after approval of the Bonds and the Project
by the Council, is hereby authorized to make a request to the
Virginia Department of Housing and Community Development for
an allocation of the "state ceiling" with respect to the
Bonds under Section 15.1-1399.10 et seq. of the Code of
Virginia of 1950, as amended.
REPORT OF PUBLIC HEARING
A public hearing was conducted by the City of Roanoke
Redevelopment and Housing Authority (the Authority) at 12:30
p.m. on Fekruary 27, 1989, on the application of Lee Howard
Partnershi~
issue up t¢
Bonds) to ~
tion and e~
Brittany A]
was publis]
the Roanoke
410 West Si
Virginia (t
Authority's
Virginia.
issuance of
Project wer
III (the Company), requesting the Authority to
$4,500,000 of its revenue bonds or notes (the
ssist the Company in the acquisition, rehabilita-
uipping of a 300-unit apartment complex known as
artments (the Project). Notice of such hearing
ed on February 13, 1989, and February 20, 1989, in
Times & Worlds-News. The Project is located at
de Boulevard, N.W., in the City of Roanoke,
he City). The public hearing was held at the
office, 2624 Salem Turnpike, N.W., Roanoke,
At the meeting those persons interested in the
the Bonds or the location and nature of the
given the opportunity to present their views.
The public comments, if any, received at the meeting are
summarized in Exhibit A attached hereto.
After such hearing, the Authority voted to recommend the
approval of the Bonds to the City Council of the City (the
Council).
Accordingly, the Authority hereby recommends to the
Council that it approve the issuance of the Bonds, as re-
quired by Section 147(f) of the Internal Revenue Code of
1986, as amended.
Dated:
CITY OF ROANOKE REDEVELOPMENT AND
HOUSING AUTHORITY
· Executive Director
Exhibit A to Report of Public Hearing
The following public comments were received:
None
2
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
February 27, 1989
LEE HOWARD PARTNERSHIP III
A 300-unit apartment complex known as
Brittany Apartments, located at
410 West Side Boulevard, N.W.
Roanoke, Virginia
Maximum amount of financing sought
$4,500,000
Estimated taxable value of the facility's
real property to be constructed in the
municipality (Value of new construction) $1,200,000
3. Estimated real property tax per year
using present tax rates $ 56,250
4. Estimated personal property tax per
year using present tax rates $ -0-
5. Estimated merchants' capital tax
(business license tax) per year using
present tax rates
Estimated dollar value per year of
goods and services that will be
purchased locally (Exclusive of
$1,200,000 rehabilitation costs
to be expended locally) $ 237,000
7. Estimated number of regular employees
on year round basis $ 11
8. Average annual salary per employee $ 14,000
The information contained in this statement is based
solely on facts and estimates provided by the Applicant, and
the Authority has made no independent investigation with
respect thereto.
CITY OF ROANOKE
REDEVELOPMENT AND
HOUSING AUTHORITY
Chairman
DATE APPROVED
ITEM NO. 4
RESOLUTION NO.
RESOLUTION PROVIDING FOR ASSISTANCE
IN THE FINANCING OF THE ACQUISITION,
REHABILITATION AND EQUIPPING OF A
RESIDENTIAL RENTAL PROJECT
KNOWN AS WOODRIDGE APARTMENTS AND RECOMMENDING
APPROVAL BY CITY COUNCIL
WHEREAS, there have been described to the City of
Roanoke Redevelopment and Housing Authority (the Authority)
the plans of Lee Howard Partnership III, a Virginia general
partnership to be formed in which at least a majority of the
partnership interests will be owned by Edwin Jacobson, Fred
Jacobson and Hyman Cohen (the Company) to cause the acquisi-
tion, rehabilitation and equipping of the 96-unit apartment
complex known as the Woodridge Apartments located at 2263
Mountain View Terrace, S.W. in the City of Roanoke, Virginia
(the Project);
WHEREAS, the Authority is empowered under the Virginia
Housing Authorities Law (the Act) to make loans for assis-
tance in housing acquisition and rehabilitation by private
sponsors and to issue its bonds for such purpose; and
WHEREAS, the Company has requested the Authority to
issue one or more of its revenue bonds or notes (the Bonds)
in such amounts as may be necessary to provide funds for a
loan to the Company to finance the cost of acquisition,
rehabilitating and equipping the Project, and the Authority
has agreed to do so;
WHEREAS, pursuant to Section 15.1-1378.1 of the Code of
Virginia and Section 147(f) of the Internal Revenue Code, the
Authority has held a public hearing on the issuance of the
Bonds and the financing of the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ROANOKE
REDEVELOPMENT AND HOUSING AUTHORITY:
1. The Authority agrees to assist the Company in the
financing of the acquisition, rehabilitation and equipping of
the Project and, in particular, to undertake the issuance of
the Bonds therefor in an amount now estimated not to exceed
$2,000,000, upon terms and conditions to be mutually agreed
upon between the Authority and the Company. The proceeds of
the Bonds shall be loaned by the Authority to the Company
pursuant to a loan agreement which will provide revenues to
the Authority sufficient to pay the principal of and premium,
if any, and interest on the Bonds and to pay all other
expenses in connection with the Project. The Bonds shall be
issued in form and pursuant to terms to be approved by the
Authority, and payment of the Bonds shall be secured by an
assignment, for the benefit of the holders thereof, of the
Authority's rights to payments under its loan agreement with
the Company and maY, but need not, be additionally secured by
2
a mortgage of or security interest in all or part of the
Project or other property of the Company.
2. It having been represented to the Authority that it
is necessary to proceed immediately with the acquisition,
rehabilitation and equipping of the Project, the Authority
agrees that the Company may proceed with plans for the
acquisition, rehabilitation and equipping of the Project,
enter into contracts for acquisition, rehabilitation and
equipping thereof and take such other steps as it may deem
appropriate in connection therewith, provided that nothing
herein shall be deemed to authorize the Company to obligate
the Authority without its consent in each instance to the
payment of any monies or the performance of any acts in
connection with the Project. The Authority agrees that the
Company may be reimbursed from the proceeds of the Bonds for
all costs so incurred by it or by the Company for its
benefit.
3. The Chairman or the Vice Chairman of the Authority
is authorized to institute a proceeding on the Authority's
behalf in the Circuit Court of the City of Roanoke to provide
for the judicial validation of the Bonds pursuant to Article
6, Chapter 5, Title 15.1 of the Code of Virginia, as amended,
if counsel for the Authority or bond counsel shall deem such
a proceeding to be necessary or desirable and, in connection
therewith, to take such action, including the taking of an
3
appeal, that either such counsel deems necessary or desirable
in order to provide for validation of the Bonds.
4. All costs and expenses in connection with the
financing and the acquisition, rehabilitation and equipping
of the Project, including the fees and expenses of bond
counsel, Authority counsel and the agent or underwriter for
the sale of the Bonds, and the costs of the validation
proceeding, if any, shall be paid from the proceeds of the
Bonds and/or by the Company. If for any reason the Bonds are
not issued, such costs and expenses shall be paid by the
Company, and the Authority shall have no responsibility
therefor.
5. The Authority intends that the adoption of this
resolution shall be considered as "official action" toward
the issuance of the Bonds within the meaning of applicable
Treasury Regulations under Section 142 of the Internal
Revenue Code of 1986, as amended.
6. The Authority hereby recommends that the City
Council of the City of Roanoke (the Council) approve the
financing of the Project and the issuance of the Bonds and,
for purposes of Section
loan of the proceeds of
in planning, developing,
taring and equipping residential
36-19(9) of the Code of Virginia, the
the Bonds by the Authority to assist
acquiring, constructing, rehabili-
buildings.
4
7. The officers of the Authority are hereby authorized
and directed to deliver to the Council (a) a reasonably
detailed summary of the comments expressed at the aforesaid
public hearing, (b) a fiscal impact statement concerning the
Project in the form specified in Section 15.1-1378.2 of the
Code of Virginia, and (c) copies of this resolution, which
constitutes an inducement resolution and the recommendation
of the Authority that the Council approve the financing of
the Project and the issuance of the Bonds.
8. The Authority shall not be obligated to issue the
Bonds or to take any other action pursuant to this resolution
until it shall have been advised by its counsel that it may
legally do so and, in the case of the issuance of the Bonds,
that all conditions precedent to such issuance have been
satisfied.
9. The bond counsel for the issuance of the Bonds and
any underwriter for the Bonds must be satisfactory to the
Authority.
10. The Chairman, Vice Chairman or Executive Director
of the Authority, after approval of the Bonds and the Project
by the City Council of the City of Roanoke, is hereby author-
ized to make a request to the Virginia Department of Housing
and Community Development for an allocation of the "state
ceiling" with respect to the Bonds under Section
15.1-1399.10 et seq. of the Code of Virginia of 1950, as
amended.
5
REPORT OF PUBLIC HEARING
A public hearing was conducted by the City of Roanoke
Redevelopment and Housing Authority (the Authority) at 12:30
p.m. on February 27, 1989, on the application of Lee Howard
Partnership III (the Company), requesting the Authority to
issue up to $2,000,000 of its revenue bonds or notes (the
Bonds) to assist the Company in the acquisition, rehabilita-
tion and equipping of a 96-unit apartment complex known as
Woodridge Apartments (the Project). Notice of such hearing
was published on February 13, 1989, and February 20, 1989, in
the Roanoke Times & Worlds-News. The Project is located at
2263 Mountain View Terrace, S.W., in the City of Roanoke,
Virginia (the City). The public hearing was held at the
Authority's office, 2624 Salem Turnpike, N.W., Roanoke,
Virginia. At the meeting those persons interested in the
issuance of the Bonds or the location and nature of the
Project were given the opportunity to present their views.
The public comments, if any, received at the meeting are
summarized in Exhibit A attached hereto.
After such hearing, the Authority voted to recommend the
approval of the Bonds to the City Council of the City (the
Council).
Accordingly, the Authority hereby recommends to the
Council that it approve the issuance of the Bonds, as re-
quired by Section 147(f) of the Internal Revenue Code of
1986, as amended.
Dated: ~, ~7~ ]~q.
CITY OF ROANOKE REDEVELOPMENT AND
HOUSING AUTHORITY
· Executive Director
Exhibit A to Report of Public Hearing
The following public comments were received:
None
2
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
A
February 27,
LEE HOWARD PARTNERSHIP III
96-unit apartment complex known as
Woodridge Apartments, located at
2263 Mountain View Terrace, S.W.,
Roanoke, Virginia
1989
Maximum amount of financing sought
$2,000,000
Estimated taxable value of the facility's
real property to be constructed in the
municipality (Value of new construction) $ 500,000
3. Estimated real property tax per year
using present tax rates $ 25,000
4. Estimated personal property tax per
year using present tax rates $ -0-
5. Estimated merchants' capital tax
(business license tax) per year using
present tax rates
Estimated dollar value per year of
goods and services that will be
purchased locally (Exclusive of
$500,000 rehabilitation costs to
be expended locally) $ 80,000
7. Estimated number of regular employees
on year round basis $ 3
8. Average annual salary per employee $ 14,000
The information contained in this statement is based
solely on facts and estimates provided by the Applicant, and
the Authority has made no independent investigation with
respect thereto.
CITY OF ROANOKE REDEVELOPMENT
AND HOUSING AUTHORITY
Chairman
Roanoke, Virginia
March 6, 1989
The Honorable Mayor and Members of Council
Roanoke, Virginia
Dear Mayor and Members of Council:
SUBJECT: Distributing Flood Project Information to City Residents
I. BACKGROUND:
Referendum vote by the citizens of the City of Roanoke on the proposed
Flood Reduction Project was approved by City Council, on February 6,
1989. A referendum date was set for April 11, 1989.
Presentations on the Flood Reduction Project have been made by the City
Manager and staff to eleven (11) neighborhood and community groups
since January, and five (5) additional presentations are planned before
April 11. These presentations will reach approximately 1,000 people.
The Roanoke Regional Chamber of Commerce has endorsed the project and
additional endorsements are expected.
Citizen education has been the City's goal in presentations and printed
material on the Flood Reduction Project. The City cannot urge voters to
either support or reject the proposed project, but can produce
materials and make presentations to help ensure that citizens have a
strong understanding of all aspects of the project so that they can
make an educated decision.
D. Research to determine the level of citizen understanding on the pro-
posed flood reduction project has revealed the following:
1. People know very little about the project;
2. They want to know more;
3. They prefer to receive information through the mail; and
They prefer that the information be organized in a brief and con-
cise format.
II. CURRENT SITUATION:
Original brochure produced for this purpose has been modified to make
information easily understood by the general public, and to present it
in a way that is appealing to the reader.
2
Co
Distribution to households has been studied to determine the most
effective, cost-efficient way to send information. Direct mail,
through the U. S. Postal Service, has been chosen, with expected
mailing date of last week in March.
Suggestions on brochure content have been solicited from interested
parties, including Friends of the Roanoke River.
III. ISSUES:
A. Council policy on educating citizenry.
B. Accurate~ thoroush information made available to citizens.
C. Local cost.
IV. ALTERNATIVES:
A. City Counc£1 approve recommendation of City Manager to print and mail
educational brochure to each City household.
1. Council policy on educating citizenry would be reaffirmed.
Accurate~ thoroush information would be made available to citizens
through mailing of educational brochure. Citizens would be in a
better position to make an educated, knowledgeable decision on bond
referendum.
Bo
3. Local cost is estimated at $17,000, (which includes $7,000 for
paper, $3,000 for printing, $4,500 for postage, and $2,500 for
typesetting and other preparatory work.) This equates to 17 cents
per city citizen. Fundin~ is currently available in Roanoke R£ver
Flood Reduction account in the Capital Projects Fund
(008-056-9617-9003).
City Council not approve printing and mailing educational brochure to
each household.
1. Council policy on educating citizenry would not be reaffirmed.
Accurate~ thoroush information would not be made availabl~ to citi-
zens, thus citizens may not have the benefit of a clear
understanding of the project before going to the polls.
3. Local cost is no longer an issue.
3
V. RECOMMENDATION:
City Council approve Alternative A as recommended. Roanoke has a history
of strong communications with citizens and businesses of this community.
We have an obligation to those citizens to present them with the costs and
the benefits of the proposed Flood Reduction Project.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/EBRJr/ga
CC:
Mr. Wilburn C. Dibling, City Attorney
Mr. Joel M. Schlanger, Finance Director
Mr. William F. Clark, Director of Public Works
Mrs. Michelle Bono, Public Information Officer
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. George C. Snead, Director, Administration and Public Safety
Office of the Ci~' Cler~
March 10, 1989
File #102
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am enclosing copy of Ordinance No. 29484, approving your issuance of
Change Order No. 1 to the City's contract with Lanford Brothers
Company~ Incorporated, for construction of the Read Road replacement
bridge, which Ordinance No. 29484 was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, March 6, 1989.
Sincerely, ~
Mary F. Parker, CMC
City Clerk
MFP: sw
EnCo
Lanford Brothers Company, Inc., Mr. Al S° Sultice, VicePPresident,
P. 0. Box 7330, Roanoke, Virginia 24019
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Room 456 Municil:~l Building 215 Church Avenue SW Roanoke V~rg~nia 24011 (703) 981-254t
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 6th day of March, 1989,
No, 29484,
VIRGINIA,
AN ORDINANCE approving the City Manager's issuance of Change Order
No. 1 to the City's contract with Lanford Brothers Company, Incorporated,
for construction of the Read Road replacement bridge; and providing for
an emergency.
WHEREAS, this Council, on November 28, 1988, awarded a contract
to Lanford Brothers Company, Incorporated, for construction of the
Read Road replacement bridge, in the amount of $662,801.00, and during
the installation of underground utilities in the Norfolk Southern rail-
road right-of-way, such construction was halted by the presence of rock
which could not be removed by blasting in the railroad right-of-way;
WHEREAS, in order to expedite the installation of said utilities
and avoid delaying construction of the much needed Read Road replace-
ment bridge, the City Manager deemed the situation to be an emergency
pursuant to $41 of the Roanoke City Charter and authorized the contrac-
tor to proceed with the corrective work on a unit price basis,
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. The Council ratifies the action of the City ~anager pursuant
to $41 of the Roanoke City Charter.
2. The City Manager or Assistant City ~anager is authorized and
empowered to issue, for and on behalf of the City, upon form approved
by the City Attorney, Change Order No. 1 to the City's contract with
Lanford Brothers Company, Incorporated, dated November 28, 1988, re-
lated to construction of the Read Road replacement bridge
2. Such Change Order shall provide for the following changes in
the work which have been performed:
CONTRACT AMOUNT
Corrective action taken to expe-
dite installation of sanitary
sewer in Norfolk Southern rail-
road right-of-way after unforseen
rock formation was encountered
which could not be removed by
blasting procedures in railroad
right-of-way.
CONTRACT AMOUNT INCLUDING
CHANGE ORDER NO. i
Additional time resulting from
Change Order No. i
662,801.00
35,882.00
698,683.00
None
3. 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.
Honorable Mayor and Members of Council
Roanoke, Virginia
Roanoke, Virginia
March 6, 1989
Dear Members of Council:
Subject: Read Road Bridge over N&W Railroad
I. Back~round
City Council awarded a unit price contract to Landford Brothers
Company, Incorporated for ~662,801.00 with an additional contingency
of $53,107.00 on November 28, 1988.
Construction began on January 11, 1989, with the installation of
underground utilities. The installation of the sanitary sewer through
the railroad right-of-way was halted by the presence of rock.
Subsequently, Norfolk-Southern informed the City and the Contractor
that new Norfolk-Southern regulations forbid blasting within railroad
right-of-way.
Delays caused by sanitary sewer relocation would cause delay in re-
opening the Read Road to traffic, delay construction on the new bridge
and would ultimately result in a claim by Landford Brothers Company,
Incorporated, for damages.
II. Current Situation
A. Landford Brothers Company, Incorporated has been delayed for approxi-
mately one month by Norfolk-Southern regulations.
B#
Corrective measures were taken by authorizing the Contractor to tunnel
the sanitary sewer in compliance with Norfolk-Southern regulations.
Due to the relatively small amount of rock encountered during the
tunneling operation, the work is complete and cost ~35~882.00.
City Administration has declared this situation as an emergency pur-
suant to Section 41, Charter of the City of Roanoke, and authorized
Landlord Brothers Company, Incorporated to proceed with the correc-
tive work on a unit price basis.
III.
Issues in order of importance
A. Legal Authority
B. Cost
C. Fundin~
Page 2
IV. Alternatives are:
A. Ratify action of the administration which will authorize payment to
Landlord Brothers, Inc., for the work described in II-B.
1. Legal Authority for such emergency action is provided by Section
41 of the City of Roanoke Charter.
2. Cost was determined to be reasonable by comparing to similar pro-
jects in the area.
Funding is available from the contingency. However, staff is con-
cerned with the relatively small amount of funds remaining in the
contingency. Further change orders could require additional fund-
ing.
B. Do not ratify action of the administration.
1. Legal Authority still exists and the work has been completed.
Contractor will have a claim for work performed in good faith.
2. Cost of this work will remain at $35~882.00.
3. Fundin~ would remain in contingency and Capital Program Reserve.
V. Recommendation to approve Alternative "A" which will authorize the
following:
A. Issuance of a change order to Landford Brothers Company, Incorporated
for necessary work and revisions to the sanitary sewer at Read Road.
Bo
Authorize payment to Landford Brothers Company, Incorporated for
$35,882.00 from the existing account for Read Road Bridge
008-052-9620-9065.
Respectfully submitted,
City Manager
WRH/JAP/fm
cc:
City Attorney
Director of Finance
Director of Public Works
Director of Utilities & Operations
City Engineer
Construction Cost Technician
Office of the City Clet~
March 10, 1989
File #2-237
Mr. lq. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am enclosing copy of Ordinance No. 29487, providing for the acquisi-
tion of real estate needed by the City located at 4916 and 4926 Autumn
Lane, N. W., Official Tax Nos. 6091019 and 6091020, respectively, for
the sum of $57,500.00 or such other value deemed appropriate by the
City Manager, which Ordinance No. 29487 was adopted by the Council of
the City of Roanoke at a regular meeting held on Monday, March 6,
1989.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sw
pc: Mosse, Incorporated, Mr. Dan ~osse, P. O. Box 111, Bedford,
Virginia 24523
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. John R. Marlles, Chief of Corrcnunity Planning
Mr. Kit B. Kiser, Director of Utilities and Operations
Room 456 Municipal Building 215 C~u~h Avenue SW RoQnoke ~rg~nia 24~t 1 (703) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
Ibc 6th day of March, 1989.
No. 29483.
AN ORDINANCE providing for the acquisition of real estate
needed by the City; authorizing the City Manager to affix a cer-
tain limit of the consideration to be offered by the City for
each parcel; providing for the City's acquisition of such real
estate by condemnation, under certain circumstances; directing
the mailing of this ordinance to each property owner; and pro-
viding for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City wants and needs property located at 4916 and
4926 Autumn Lane, N. W., Official Tax Map Nos. 6061019 and
6061020, respectively, as set forth in the report of the City
Manager on this subject dated March 6, 1989, on file in the
Office of City Clerk. The proper City officials are authorized
to acquire for the City from the owner, for $57,500 or such other
value deemed appropriate by the City Manager, the necessary real
estate with appropriate ancillary rights with respect to the par-
cel for such consideration as the City Manager may deem appropri-
ate subject to applicable statutory guidelines.
2. Upon the acceptance of any offer and 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 respec-
tive consideration to the owner of the interests conveyed, cer-
tified by the City Attorney to be entitled to the same.
3. Should the City be unable to agree with the owner of any
real estate to be acquired or should any owner be a person under
a disability and lacking capacity to convey real estate or should
the whereabouts of the owner be unknown, the City Attorney is
authorized and directed to institute condemnation or legal pro-
ceedings to acquire for the City the appropriate real estate.
uance to the owner of
5.
municipal government,
ordinance shall be in
The City Clerk is directed to mail a copy of this ordi-
such property.
In order to provide for the usual daily operation of the
an emergency is deemed to exist, and this
full force and effect upon its passage.
Attest:
City Clerk.
Or, ce of the Ci~., Cle~
March 10, 1989
File #60-2~237
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am enclosing copy of Ordinance No. 29486, amending and reordaining
certain sections of the 1988-89 General and Capital Funds Appropria~
tions, in the total amount of $60,000.00, in connection with the
purchase of houses located at 4916 and 4926 Autumn Lane, S. W., which
Ordinance No. 29486 was adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, March 6, 1989.
Sincerely,
Mary F. Parker,
City Clerk
CMC
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Enc.
pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. John R. Marlles, Chief of Corr~nunity Planning
Mr. Kit B. Kiser, Director of Utilities and Operations
Room 456 Municipal Building 215 C~urch Avenue SW Roanc:,~,e V~rg~nia 240t 1 (703) 981-254t
IN.THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of March, 1989.
No. 29486.
AN ORDINANCE to amend and reordain certain Sections of
the 1988-89 General and Capital 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 Capital
Funds Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
General Fund
Appropriations
Nondepartmental
Contingency - General Fund (1) .....................
Transfers to Other Funds (2) .......................
$12,055,586
648,999
9,933,215
Capital Fund
Appropriations
General Government
Houses Autumn Lane,
1) Contingency
2) Transfer to
Capital Projects
3) Appr. from General
Fund
N.W. (3) .......................
(001-004-9410-2199)
(001-004-9310-9508)
(008-052-9628-9003)
$(60,000)
60,000
60,000
$ 2,478,102
60,000
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
March 6, 1989
Honorable Mayor and Members of City Council
Roanoke, Virginia
SUBJECT: Houses, Autumn Lane, N.W.
Official Tax Numbers 6061019 and 6061020
Dear Members of Council:
I. Background:
A. Flood damaged houses on Shadeland Avenue~ N.W. were sold at
public auction in September, 1988.
B. Dan Mosse purchased two (2) of those houses and has moved
them to Autumn Lane, N.W. to properties owned by Seven
Investors, Inc.
II. Current Situation:
A. Neighborhood reaction to the houses has been strongly nega-
tive.
B. Purchase of the properties is required to eliminate neigh-
borhood concerns.
C. Staff recommends use of City forces to clear the lots and
retain them for tentative use as open space pursuant to the
City's Comprehensive Plan.
III. Issues:
A. Need
B. Tlmin$
C. Cost to City
D. Fundin~
IV. Alternatives:
A. Council authorize the purchase of two (2) lots on Autumn
Lane, N.W. containing houses removed from Shadeland Avenue,
N.W. from Seven Investors, Inc. and appropriate ~60~000.00
for the purchase and expenses of securing the properties,
$57~500.00 for the purchase and $2,500.00 for related
expenses.
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B. Council not authorize the acquisition of properties on Autumn
Lane, N.W.
1. Need for removal of structures not met.
2. Timin~ to eliminate problem quickly not met.
3. Cost to City is zero.
4. Fundin~ is moot.
Recommendation: Council authorize
1. Acquisition of properties on Autumn Lane, N.W.
2. Transfer fundin~ from the General Fund Contingency to an
account to be established by the Director of Finance in
the Capital Projects Fund for purchase of this property
in accordance with Alteruative "A".
Respectfully submitted,
W. Robert Herbert
City Manager
1. Need for removal of structures is met.
2. Timin~ to eliminate problem quickly is met.
3. Cost to City is $60~000.00.
4. Fundin~ is available in General Fund Contingency
Reserve, Account No. 001-002-9410-2199.
City Attoruey
Director of Finance
Director of Utilities & Operations
Director of Public Works