Loading...
HomeMy WebLinkAboutCouncil Actions 08-22-88REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL August 22, 1988 2:00 p.m. AGENDA FOR THE COUNCIL Trout 129256) Call to Order -- Roil Call. All present. The invocation will be delivered by The Reverend James P. Beatty, Pastor, St. Paul 4.M.E. Methodist Church, Blacksburg, Virginia· The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. BID OPENINGS Bids for construction of the concession stand and pier at Carvins Cove. Six bids were referred to a committee composed of Messy. G~land, Chairman, K~er and Cl~k. 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. C-1 C-2 A communication from Mayor Noel C. 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. A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss a real estate matter, 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 real estate matter, pursuant to Section 2.1-344 (a) (3), Code of Virginia (1950), as amended. C-3 C-4 C-5 C-6 A communication from Mr. B. W. Langheim, Vice President and General Manager, Cox Cable Roanoke, transmitting a summary of Cox Cable Roanoke's status as of June 30, 1988. RECOMMENDED ACTION: Receive and file. A report of the City Manager with regard to development of the MudIick-Deyerle Neighborhood Plan. RECOMMENDED ACTION: Receive and file. A report of the City Manager recommending that a public hearing be scheduled for Monday, September 12, 1988, at 7:30 p.m., to hear comments on the proposed Housing Assistance Ptan. RECOMMENDED ACTION: Concur in recommendation. A communication from Council Member Eiizabeth T. Bowles, Chairman, Water Resources Committee, requesting an Executive Session to discuss a legal matter, being the terms and con- ditions of a contract under negotiations, pursuant to Section 2.1-344 (a) (7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: *~qITHDRA?~N* Concur in request for Council to convene in Executive Session to discuss a legal matter, being the terms and conditions of a contract under negotiations, pursuant to Section 2.1-344 (a) (7), Code of Virginia (1950), as amended. Qualification of Mr. Alvin F. Nash as a member of the Economic Development Commission for a term ending June 30, 1990. RECOMMENDED ACTION: Receive and file. C-8 Qualification of Mr. Ross C. Hart as a member of the Fifth Planning District Commission for a term ending June 30, 1990. RECOMMENDED ACTION: Receive and file. C-9 Qualification of Messrs. Michael K. Quinn and Ross C. Hart as members of the Board of Fire Appeals for terms of four years each, ending June 30, 1992. RECOMMENDED ACTION: Receive and file. C-10 Qualification of Mrs. Dean W. Morrow and Mr. Frank J. Eastburn as members of the Roanoke Public Library Board terms of three years each, ending June 30, 1991. for RECOMMENDED ACTION: Receive and file. C-11 Qualification of Messrs. Timothy L. Jamieson and John W. Creasy as members of the Roanoke Arts Corrgnission for terms of three years each, ending June 30, 1991. (2) RECOMMENDED ACTION: Receive and file. C-12 Qualification of Mr. Jack Loeb as a Commissioner of the Roanoke Redevelopment and Housing Authority for a term ending August 31, 1990. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: a. A communication from Mr. Robert E. Glenn, Attorney, repre- senting the Industrial Development Authority of the City of Roanoke, requesting approval of a plan to assist Roanoke Memorial Hospitals in refunding the Authority's $3,000,000.00 Floating Rate Hospital Revenue Refunding Bond due December 1, 1988, Series 1984, and equipping and/or renovating the Hospital's existing hospital facility located in the City, in an amount estimated at $15,000,000.00, by issuance of its in~us~ria~ ,nev~nue bonds· Adopted Ordinance No. 29256. (6-0, Mayor taxi,or a~s~a~ne from voting). Reports of Officers: City Manager: Briefings: None. Introduced ~. Kenneth Cro~in, Pe~onnel Manage. Items Recommended for Action: 1. A report with regard to acceptance of a gift of sculp- ture, to be created by artist David Breeden, for installation in front of the Roanoke City Courthouse. Adopted Ordinance No. 29257. (7-0) 2. A report recommending authorization to execute Change Order No. i, in the amount of $26,855.90, to the contract wi th E. C. Pace Company, Inc., for the Norwood Sanitary Sewer replacement project; and appropriation of funds therefor. Adopted Ordinance No. 29258 and ~rdinance No. 29259. (7-0) 3. A report recorr~nending authorization to execute Change Order No. i, in an amount not to exceed $22,345.41, to the contract with Aaron J. Conner, General Contractor, Inc., for Wi iliamson Road Storm Drain, Phase Contract IIA; and appropriation of funds therefor. Adopted Ordinance No. 29260 and Ordinance No. 29261. (7-0) 4. A report recommending acceptance of a grant of Community Development Block Grant funds for Program Year 1988-89, in the amount of $1,486,000.00, from the United States Department of Housing and Urban Development; authorization to execute the requisite Grant Agreement; and appropriation of funds therefor. Adopted Ordinance No. 29262 and R~ol~ion No. 29263. (7-0) Ce 5. A report recommending authorization to execute a grant agreement with the Department of Housing and Urban Development accepting 1988 Rental Rehabilitation Program funds, in the amount of $142,000.00. Adopted Ordinance No. 29264. (7-0) 6. A report recommending authorization to execute a grant agreement with Old Southwest, Inc., in the amount of $12,000.00, for purchase and rehabilitation of a house at 657 Day Avenue, S. W.; and transfer of funds therefor. Adopted Ordinance No. 29265 and Ordinance No. 29266. (7-0) 7. A report recommending appropriation of $1,094,891.00 of Fifth District Employment and Training Consortium funding for Fiscal Year 1989, for the Title II-A Implementation Strategy Program, Employment Services and Grant Diversion Activities, and Project Literacy. Adopted Ordinance No. 29267. (7-0) 8. A report recominending appropriation of $46,720.20 from the Capital Maintenance and Equipment Replacement Program, to various accounts to provide for new cash register equipment and renovation in the City Treasurer's Office. Adopted Ordinance No. 29268. (7-0) 9. A report recommending authorization to execute State-Local Hospitalization Agreements with the par- ticipating hospitals and the local Health Department. Adopted Ordinance No. 29269 on first reading. *See.bottom of page. 10. A report recommending authorization to execute an agreement with the Roanoke Redevelopment and Rousing Authority for administration and implementation of various community development activities. Adopted Ordinance No. 29270. (7-0) 11. A report with regard to Our Lady of the Valley, Inc., utilities within the closed street right-of-way on Harrison Avenue, N. W. Adopted Ordinance No. 29271 on first reading. ( 7 - 0 ) 12. A report with regard to opening of Blue Hills Drive, N. E. (Extension). Adopted Resolution No. 29272. (7-0) Director 1. 2. of Finance: A financial report for the month of July, 1988. Rec~ved and filed. A report recommending appropriation of $10,000,700.00 in bond proceeds and premiums from the sale of Public Improvement Bonds Series 1988, to the categories for which the bonds were sold. Adopted Ordinance No. 29273. (7-0) 3. A report with regard to appropriation of $200,000.00 for initiation of surveying and plot preparation to begin the process of obtaining options on land necessary for the Roanoke River Flood Reduction Project. Adopted Ordinance No. 29274. (7-0) City At torney: 9. *4-0, M~. Bowl~, Mr. Garland and Mayor Taylor abst~ned from voting. (4) A report transmitting an Ordinance authorizing the Trustees of Covenant Presbyterian Church to take and hold more than four acres of land in the City, subject it ertain terms and conditions· Adopted Ordinance No. 29275. ~0~ Reports of Committees: None. Unfinished Business: None· Introduction and Consideration of Ordinances and Resolutions: a. Ordinance No. 29238, on second reading, rezoning a parcel of land located at 646 Elm Avenue, S. W., described as Lot 4, ~Ioc~ 4, Lewis Reserve Map, Official Tax No. 1120703, from RM-2, Residential Multi-Family, Medium Density District, to C-1, Office District. Adopted Ordinance No. 29238. (7-0) b. Ordinance No. 29240, on second reading, rezoning twelve lots of land located on the south side of Shenandoah Avenue, N. W., lying both east and west of its intersection with 25th Street, N. W., designated as Official Tax No~ 2410204 2410213, respectively, and Official Tax N<~ 2311001 and 2311004, from LM, Light Manufacturing District, to C-2, General Commercial District. Adopted Ordinance No. 29240. (7-0) c. Ordinance No. 29249, on second reading, authorizing the appropriate City officials to enter into a lease with United Parcel Service (U.P.S.) for location of a next day air letter center in the Municipal Parking Garage. Adopted Ordinance Nc. 29249. (7-0) d. Ordinance No. 29254, on second reading, authorizing the appropriate City officials to enter into a release of a portion of the easement for the Roanoke/Vinton Water Company Road· Adopted Ordinance No. 29254. (7-0) e. Ordinance No. 29255, on second reading, authorizing the execution of an amendment to the plats of subdivision of certain areas within the Roanoke Centre for Industry and Technology in order to dedicate a new public utility ease- ment across two parcels and to eliminate the restriction against above ground utilities on certain other parcels; and authorizing the execution of an indenture with Appalachian Power Company providing for a utility easement across certain areas of the Centre· Adopted Ordinance No. 29255. (7-0) Motions and Miscellaneous Business: a. Inquiries and/or comments by the Mayor and members of City Council: b. Vacancies on various authorities, boards, commissions and committees appointed by Council· 10. Other Hearings of Citizens: Appointed Joe E. Brown as a memb~ of the Youth Services C~zen Board. Reappointed ~lessrs. ~erctl T. Kee~ng and Wendell H. Butl~ as Commissione~ of the Roanoke Redev~oDment an~ !4~using (5) Autho~y. Office af the Mayor August 22, 1988 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. NCT:ra Sincerely, Mayor Room 452 Municipal Building 2t5 Church Avenue, S.W. I~anake, Virginia 24011 (703) 981-2444 Office af the Mayor August 22, 1988 Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to matter, pursuant to Section 2.1-344 (a) (1950), as amended. discuss a real estate (3), Code of Virginia Sincerely, No e I C. Tay Mayor NCT: ra Raom 452 Municipal Building 215 Church Avenue, S.W. Raanoke, Virginia 2401 t (703) 98'1-2444 Office of the City Clerk August 24 1988 File #448 ~r. B. W. Langheim Vice P~'esident and General Cox Cable Roanoke P. 0. ~ox 13726 Roanoke, Virginia 24036 Manager Dear Mr. Langheim: Your co~r~nunication t;'ansmitLing a summary of Cox Cable Roanoke's status as of June 30, 1988, was before the Council of the City of Roanoke at a ~'eguIar meeting held on Monday~ August 22, 1988. On motion, duly seconded and unanimously a~opted, the com- munication was received and filed. Sincerely, Mary F. Parker, City Clerk C~C MFP: ;'a Room456 Munk:t~c~olBulldlng 215C~urchAv~'~ue, S.W. Roono~e, Virg~nla2401¢ (703)981-2541 Cox Gable Roonoke Cox Cable Roanoke 1909 Salem Avenue S.W. P.O. Box 13726 Roanoke, Virginia 24036 July 27, 1988 The Honorable Mayor and Council City of Roanoke Municipal Building 215 Church Ave. Roanoke, Va. 24011 Mrs. Bowles and Gentlemen: Attached is a Summary of Cox Cable Roanoke~s status as of June 30, 1988. Should you have any questions or comments on this subject, please feel free to contact me at any time. Sincerely, B. W. Langheim Vice President and General Manager BWL/ep Attachment A. Total Miles Plant Approximate Number of Residences Passed C. Basic Customers D. Tier Customers COX CABLE ROANOKE JUNE 30, 1988 Roanoke City Roanoke County 438 355 43,658 18,536 26,682 14,434 25,374 13,872 Vinton 36 4,983 3,321 3,214 Total 829 67,177 44,437 42,460 E. Pay Customers 24,815 13,414 2,842 41,071 Office of the Ci~, Clerk August 24, 1988 File #488 Mr. W. Robe~,t Herbert City Manager. Roanoke, Virginia Dea~. ~&.. Herbert: unanimously adopted, the report was Your. report with regard to development of the MudIick-Deyerle Neighborhood Plan, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 22, 1988. On motion, duly seconded and , ecelved and fi led. Sincerely, Mary F. Parker, CMC City Clerk MFP: ~'a pc; Mr. Earl B. Reynolds, Jr., Assistant City Manage~. Mr. William F. Clark, Director of Public Works Mr. John R. ~arlIes, Chief of Community Planning Room456 MunlcipalBuildlng 215 (~urch Avenue, S.W, Roonc~e, Virglnia2401¢ (703)981-2541 Roanoke, Virginia August 22, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Mudlick-Deyerle Neighborhood Plan When the office of Community Planning and the Roanoke City Planning Com- mission began the neighborhood planning program, City Council was briefed as to the conduct of the program and the neighborhoods which would be the subjects of the first planning processes. Since that time, the Roanoke City Planning Commission has presented and the City Council has approved the South Roanoke Neighborhood plan. The neighborhood plan for the Hershberger Hills area is currently being drafted by the planning staff and will make its way up to City Council in the not-too-distant future. With these two efforts behind us, we are now ready to proceed with developing the Mudlick-Deyerle neighborhood plan. For your information, I have attached a copy of a letter that was sent to Mrs. Danielle Rand, President of the Greater Deyerle Neighborhood Association, from Mr. John R. Marlles, Chief of Community Planning, which outlines the sched- ule of events and timetable which will occur in the development of the Mudlick- Deyerle plan. Again, this correspondence is merely to keep you informed on how we are proceeding with this very important planning process and requires no action of Roanoke City Council. Sincerely, W. R~bert Herbert City Manager WRH:EBRJr:mp Attachment cc: Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. William F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Community Planning _ August 5, 1988 Mrs. Danielle Rand, President Greater Deyerle Neighborhood Association 3571 Mudlick Road, S.W. Roanoke, VA 24018 Dear Danielle: I'm pleased to be able to Confirm that the Mudlick-Deyerle Neighborhood has been selected to participate in the City's new neighborhood planning progr . As you ma be planning program is an Outg ecCOmprehensive plan, adopted by Council in April, 1986. The neighborhood planning process is similar to that which was Used to develop Roanoke Vision. The neighborhood plans are developed through a series of three monthly workshops (four if necessary) held in the neighborhood. The Workshops for the Mudlick-Deyerle neighborhood will be held on Wednesday evenings, September 14, October 12, and November 16, 1988, from 7:00-9:00 p.m. at Covenant Presbyterian Church located at 1831 Deyerle Road. I have snclosed a Copy of the draft South ROanoke Neighborhood Plan for your review to give you Some idea of the ths new neighborhood plans. ~- ~ Organization and content of adopted ~ne z by the Plann~ .... inal document, which has of being printed. ~"~ uommlssion and City Council, is in recently bsen the process EVelyn Gunter, City Planner, Will be COntacting you in the near future to provide you with additional information Concerning the neighborhood planning process and to arrange for ~ tour of your neighborhood. In the meantime, if you have any questions, please do not hesitate to COntact me. Sincerely, Office of Community Planning cc. ~r. Earl B. Reynolds, Jr., AssiStant City Manager Mr. William F. Clark, Director of Public Works Mr. Michael M. Waldvogel, Chairman, City Planning CommiSSion Raanoke Ci~ Office of Communi~ Planning. Room 355. Municipo~Buildimg 2~5 Church Avenue'SW*Raamoke, vA240~J.[703j98~_2344 Office of n~e City Cler~ August 24, 1988 File #178 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dea~. ~4r. Herbert: Your report ~'ecommending that Council schedule a public hea;.ing to receive comments on the proposed Housing Assistance Plan, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 22, 1988. On motion, duly seconded and unanimously adopted, Council con- cuffed in the recommendation, and set a public hearing on the matter for Monday, September 12, 1988, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. SincereIy,~,_ ~ ~' ~~ Mary F. Parker, CMC City Clerk MFP: '~'a pc: Mr. tlerbert D. McB'ride, Executive Directo;%' Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Vi?'ginia 24017 ,l~r. Wilburn C. DibIing, Jr., City Attorney Mr. Joel ~. Schlanger, Director of Finance Mr. Wiliiam F. Ciark, Director of Public Works Mr. John R. ~larlles, Chief of Community Planning Mr. Ronald H. Mi l lei', Building Commissioner~Zoning Administrator Room 456 Munk:i~l Building 215 (~ura~ Avenue, S.W. Roanoke, Virginia 240t I (703) 981-254t Honorable Mayor, Noel C. Roanoke, Virginia Taylor, R~noke, Virginia August 22, 1988 and City Council Dear Members of Council: SUBJECT: REQUEST FOR PUBLIC HEARING - THREE YEAR HOUSING ASSISTANCE PLAN (HAP) I. Background U.S. Department of Housing and Urban Development (HUD) requires the City to submit a Housing Assistance Plan (HAP) every three years as a requisite to receiving Community Development Block Grant (CDBG) funds. This HAP is a basis upon which HUD approves or disapproves assisted housing in the City, and against which HUD monitors the City's provision of assisted housing. Ce The City's Citizen Participation Plan requires an evening public hearing be held by City Council to receive citizen comments on the proposed Housing Assistance Plan. presentation of the Housing Assistance Plan will be made to City Council on September 12, 1988. II. Recommendation It is recommended that City Council authorize a public hearing to be held on September 12, 1988, to hear public comments on the Housing Assistance Plan. Respectfully submitted~t, W. Robert Herbert City Manager WRH:vlp cc: City Attorney Director of Finance Chief of Community Planning Building Commissioner Executive Director, Roanoke Redevelopment and Housing Authority Roanoke, Virginia August 22, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Please reserve space on Council's agenda for an Executive Sessioni: to discuss a legal matter, being terms and conditions of a contract under negotiations, in accordance with Section 2.1-344(a)(7) of the Code of Virginia. Respectfully submitted, EliZabeth T. Bowl , Chairman Water Resources Co~ittee ETB:KBK:afm CC: City Manager City Attorney Director of Finance Office of ~he City Cle~ August 24, 1988 Fi le #15-450 The Honorable James O. T~'out Cha i ?.man Economic Development Commissioa Roanoke, Virgiaia Dear M~'. Trout: This is to advise you that M~~. Alvin F. Nash has qualified as a member of the Economic Development Co~mission for a term ending June 30, 1990. Mary F. Parker, CMC City Clerk MFP: ra pc: Air. Brian J. Wishneff, Chief of Economic Development Room456 Munic:lpall~uildlng 215 Church Av~ue, S.W. Roanoke, ~rg~nla 24011 (703)98t-2541 0-2 Oath or Affirmation of office State ot Virginia, ~i~ o~ Roanoke, ~o .~i~: I, A~vin i~ia~h , do ~lemnly swear (or ~) that I w~l sup~rt the Constitution of the United States. and the Constitution of the State of Virginia, and that I will faithfully and impa~ially discharge and ~rform all the duties incumbent upon me a~_ a Member of th~ E~onomi~ D~v~lopm~nt Commiz~ion for a t~rm ~nding June 30, 1990. according to the best of my ability. So help me God. Subscribed and sworo to before me, thisS~"x~'~ _day Or,ce of the CiW Cle~ July 27, 1988 File #15-450 Hr. Alvin Nash 13.73 Campbell Avenue, S. Roanoke, Virginia 24016 Oear ,l~r. Nosh: At the regular meeting of the Council of the City of Roanoke held on Monday, July 25, 1988, you were elected as a member of the Economic Development Commission for a term ending June 30, 1990. Enclosed you will find a certificate of your election and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the glunicipal Building prior to serving in the capacity to which you were elected. Sincere~ ~ ~ 'ZY' ~ Mary F. Parker, CMC City Clerk MFP: ra F. neo pc: ~/lr . Mr, James O. Trout, Chairman, Economic Development Commission Brian J. Wishneff, Chief of Economic Development Room456 MunicipalBuildlng 215C~urchAve~ue, S.W. Roon,c:~e,'~rg~nia24011 (703)981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wi t: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 25th day of July, 1988, ALVIM NASH was elected as a member of the Economic Development Commission for a term ending June 30, 1990. Given under my hand and the Seal of the City of Roanoke this 27th day of July, 1988. City Clerk Office of the City Clerk August 24~ 1988 File #15-200 The Honorable Charles R. Hill, Chairman Fifth Planning Dist~.ict Co~nission 622 OIney Road Vinton~ Virginia 24179 Dear Mr. Hill: This is to advise you member of the Fifth ending June 30, 1990. that Mr. Ross C. Hart has qualified as a Planning District Commission for a term Since~.e~ ~ ~'lY' ~~ Mary F. Pa,kef, CMC City Clerk MFP:ra pc: Mr.. Wayne G. StrickIand, Executive Di~'ector, Fifth Planning District Commission, P. 0. 8o.~ 2569, Roanoke, Virginia 24010 Roon~456 MunicipalBuildlng 215 C~urch Avenue, S.W. FI, oanoke, Vtrg~nia24011 (703)981-2541 0-2 Oath or Affirmation of Office State o~ I, RoS.~ C. i~rt , do solemnly swear (or affirm) that ! will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfidly and impartially discharge and perform all the duties incumbent upon me as a ~lember of the Fifth Planning District Commiz~ion fo~ a term ending J~ne 30, 1990. according to the best of my ability. So help me Subscribed and sworn to before ~ne, this Office of the City C]e~ July 27, 1988 File #15-200 ,qr. Ross C. Hart 308 Second Street, S. W. Roanoke, Virginia 24011 Dear Mr. Hart: At a regular meeting of the Council of the City of Roanoke held on Monday, July 25, 1988, you were reelected as a member of the Fifth Planning District Commission for a term ending June 30, 1990. 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 $lunicipal Building prior to serving in the capacity to which you were reelected. Sincerely,~t~. ~i~.~-- Mary F. Parker, CMC City Clerk MFP:ra Eneo pc: Mr. Charles R. Hill, Chairman, Fifth Planning District Corrgnission, 622 Olney Road, Vinton, Virginia 24179 Mr. Wayne G. StrickIand, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Room456 MunicipalBuildtng 215C~urchAve~ue, S.W. Roanc~e, Virg~nia24011 (703)981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: C I TY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 25th day of July, 1988, ROSS C. HART was reelected as a member of the Fifth Planning District Commission for a term ending June 30, 1990. Given under my hand and the Seal of the City of Roanoke this 27th day of July, 1988. City Clerk Office of the City Cler~ August 24, 1988 File #15-70 M~.. Ross C. Hart, Chairman Doard of Fi~e Appeals 308 Second Street, S. W. Roanoke~ Virginia 24011 Dear M~'. ltart: This is to advise you that Mr. a member of the Board of Fire ending June 30, 1992. Michael Ko Quinn has qualified as Appeals for a term of four years, Sincerely, Mary F. Pa;'ker, CMC City Clerk MFP: ~'a Roorn 456 Munlcil~al Building 215 Church Av,~'~ue, S.W. Roa,"~o~e, VIrg,nia 24011 (703) 98~-2541 0-2 Oath or Affirmation of Office~? 8t~ o] Virginia, City o] Roanoke, ,~c~,a~ K. ~nt~ , do solemnly swear (or ~) I w~l sup~ ~he Constitution of the Uni~ S~tes, ~d ~e Constitution of the State of Vi~gin~a, snd I w~l faithfully and imps~ially discharge and ~orm all the duties ~ncumbent u~n me as a Memb~ of the Board of Fire A~eals fo~ a term of ~our vears eucli~ June 30, 1992. according to the best of my ability. So help me God. Office of the City Cle~ June 29, 1988 File #70 Mr. Michael K. Quinn 3815 Topping Hill Drive, Roanoke, Virginia 24018 S, Wo Dear Mr. Quinn: At a regular meeting of the Council of the City of Roanoke held on Monday, June 20, 1988, you were reelected as a member of the Board of Fire Appeals for a term of four years ending June 30, 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: Mr. Ross Co Hart, Chairman, Jackson Drive, Salem, Virginia Board of Fire Appeals, 24153 2648 Room456 MunlclpalBulldlng 2~lS(D~urchAv~nue, S.W. Roanoke, Virg~nla24011 (703)98~1.254~1 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I~ Mary F. Parker~ City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof~ do hereby certify that at a regular meeting of Council held on the 20th day of June, 1988, MICHAEL K. QUINN was reelected as a Member of the Board of Fire Appeals for a term of four years, ending June 30, 1992. Given under my hand and the seal of the City of Roanoke this 29th day of June, 1988. City Clerk 0-2 Oath or Affirmation of Office State oI Virginia, Citll o] Roanoke, to I, ~or.~ C. Hart · do solemnly swear (or affirm) that I w~l sup~rt the Constitution of the United Sta~s, ~d the Constitution of the State of Virginia, ~nd ~at I w~l faithfully and impa~ially discharge and perform all the duties ~ncumbent upon me a ]'[e~ber o~ the ~oard of Fire A~peals ~or a ter~ of four years end~n~ June 30, 1992. according to the best of my ability. So help me God. Subscribed and sworn to before me, of Office of ~e City Clerk June 29, 1988 File #70 Mr. Ross C. Hart 2648 Jackson Drive Salem, Virginia 24153 Dear Mr. Hart: At a regular meeting of the Council of the City of Roanoke held on Monday, June 20, 1988, you were reelected as a member of the Board of Fire Appeals for a term of four years ending June 30, 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, ~~ Nary F. Parker, CMC City Clerk MFP:ra Enc. Room456 Munici~alBuildlng 215 Church Avenue, S.W. Roanoke, Vlrg~nla24011 (703)981-254~ COMMONWEALT~ OF VIRGfNIA ) ) To-wit: C I TY OF ROANOKE ) I, Mary F. Parkerj 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 20th day of June~ 1988j ROSS C. HART was reelected as a Member of the Board of Fire Appeals for a term of four years, ending June 30, 1992. Given under my hand and the seal of the City of Roanoke this 29th day of June~ 1958o City Clerk Office of ~e City Cler~ August 24, 1988 File #15-323 Ms. Beve~,ly Bury City Librarian Roanoke, Virginia Deal' Ms. ~ury: This is to advise you that ~ii's. Dean W. Morrow and Mr. Frank J. ~astburn have qualified as member's of the Roanoke Public Library Board for terms af three years each, ending June $0, 1991. Sincerely, Mary F. Parker, C~C City Clerk pc: l~l',.. Evans D. Jessee, Chairman, Roanoke Public &ibra;'y Board, 2621 Crystal Spring Avenue, S. W. Roanoke, Virginia 24014 Room456 MunlcipalBulldlng 21§ChurchAve~u~.S.W. Roonoke, V)rgtnia24011 (703)981-2541 0-2 Oath or Affirmation of Off ce Stat~ ot Virginia, Cirri oI Roanoke, to .wit: . do solemnly swear (or affirm) that wilt support the Constitution of the United States, and the Conatitution of the State of Virginia, and that will faithfully and impartially discharge and perform all the duties incumbent upon me !~e~.er of the ~oanoke Public Library ~oard for a cern. of three years emdin~ June 30, 1991. according to the best of my ability. So help me God. Subscribed and sworn to before ~ne, this ~Y~e o~ n~e Q~y Qerk June 29, 1988 File #15-323 Mrs. Dean W. Morrow 1410 West O. ive, S. W. Roanoke, Virginia 24015 Dear Mrs. Morrow: At a regular meeting of the Council of the City of Roanoke held on Monday, June 20, 1988, you were reeleoted as a member of the Roanoke Public Library Board for a term of three years ending June 30, 1991. Enclosed you will find a ce.tificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP: ra Enc. pc: Ms. Beverly Bury, City Librarian ROOm,45~. ~k:lcx~lOuik~¢~ 2~lS(~urchAve~ue,$.W. Roanake, vlrc~nla2~011 (703)981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wi t: C I TY 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 20th day of June, 1988, DEAN W. MORROW was reelected as a Member of the Roanoke Public Library Board for a term of three years, ending June 30, 1991. Given under rny hand and the seal of the City of Roanoke this 29th day of June, 1988. City Clerk 0-2 Oath or Affirmation of Office I, Fr~k ~ - . do solemnly swear (or ~rm) ~t I w~l sup~rt the Constitution of the Unit~ S~tes, and the Constitution of ~e State of Virgin[a~ and that I w~l faithfully and impa~ially discharge and perform all the duties incumbent u~n me a~. a ~amber of the ~oanoke Public Library Board for a term of three years ending June 30, 1991. according to the best of my ability. So help me God. Office of the City Cler~ June 29, 1988 File #15-323 Mr. Frank J. Eastburn 1810 Denniston Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Eastburn: At a regular meeting of the Council of the City of Roanoke held on Monday, June 20, 1988, you were reelected as a member of the Roanoke Public Library Board for a term of three years ending June 30, 1991. 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 Enco pc: Ms. Beverly Bury, City Librarian Room 456 Municipal Building 2t5 Church Av~que, S.W. Roanoke, Virg~nio 2401'1 (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 20th day of June, 1988, FRAN~ J. EASTBURN was reelected as a Member of the Roanoke Public Library Board for a term of three years, ending June 30j 1991. Given under my hand and the seal of the City of Roanoke this 29th day of June, 1988. City Clerk Office of the City Clerk August 24, 1988 File #15-79 Mr. Timothy L. Jamieson, Chairman Roanoke Arts Commission 6857 Sugar Rum Ridge Road, S. W. Roanoke, Virginia 24018 Dear Mi'. Jamieson: This is to advise you that Mr. John W. Creasy has qualified as a member of the Roanoke Arts Commission for a term of three years ending June 30, 1991. Sincerely, Mary F. Parker, ChiC City Clerk MFP: l-.a pc: Ms. Joyce A. Sink, Secretary, Roanoke Arts Commission Roo~n456 MunlclpalBuildlng 215C~urchA'v~nue, S,W. Roonoke, Vlrg~nio240,~,l (703)981-2541 Oath or Affirmation of Office State o] I~ir~inia, U~it~ o] Roanoke, to .~i~: · do solemnly swear (or ~fltrm) that ! will support the Constitution of the United States, and the Constitution of the State of Virginia, and that ! will faithfully and impartially discharge and perform all the duties incumbent upon me ~ a "e~vl,ar of ~he Roanoke Arts Commission for e term of three years c'ndinz 3une 30, 1991. according to the best of my ability. So help me God. Subscribed and sworn to before me, this... C~ce of ~he City Cler~ June 29, 1988 File #79-15 Mr. Timothy L. Jamieson 6857 Sugar Rum Ridge Road, Roanoke, Virginia 24018 Dear Mre Jamieson: At a regular meeting of the Council of the City of Roanoke held Monday, June 20, 1988, you were reelected as a mer~er of the Roanoke Arts Commission for a term of three years ending June 30, 1991. 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, Se 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. Room 456 Municipal Building 2'~5 Chui"ch Aw~nue, S.W. P, oanc~.~e, Virg,nia 2401 ¢ (703) 981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: C I TY OF ROANOKE ) Iw Mary F. Parkerw 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 20th day of June, 1988~ TIMOTHY L. JAMIESON was reelected as a Member of the Roanoke Arts Commission for a term of three years~ ending June 30~ 1991. Given under my hand and the seal of the City of Roanoke this 29th day of June~ 1988. City Clerk 0-2 Oath Affirmation of OffiCe or ~ ~ ~! '' State ot Fi~'~inia, ~i~l o! Roanoke, to.~: '~ ' ~ ~ ~ I Jo!,n W. , do solemnly swear (or I wal sup~rt the Constitution of the United S~ates, ~d the Constitution of the State of Virginia, I w~l faithfully and impa~ially discharge and ~rform all the duties incumbent upon me aL - ~- .. the Roavoke Arts Co~a~vlssion for a term of three years en<!in}~ June 30, 1991. according to the best of my ability. So help me God. ~¢e o~ ~e City C]er~ June 29, 1988 File #79-15 Mr. John W. Creasy 5506 McVitty Road, S. W. Roanoke, Virginia 24018 Dear Mr. Creasy: At a regular meeting of the Council of the City of Roanoke held Monday, June 20, 1988, you were reelected as a member of the Roanoke Arts Corr~aission for a term of three years ending June 30, 1991. 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 Municipal Building were reelected. copy of the Oath of Office to Room 456 in the prior to serving in the capacity to which you Sincerely, Mary F. Parker, CMC City Clerk MFP:ra En¢. pc: Mr. Timothy L. Jamieson, Chairman, Roanoke Arts 6857 Sugar Rum Ridge, S. W., Roanoke, Virginia Commission, 24018 Room 456 Munlcil:~al Building 215 Cl"~urch Avenue, $.W. Roanoke, ~rginla 2401 t (703) 981-254'1 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 20th day of June, 1988, JOHN W. CREASY was reelected as a Member of the Roanoke Arts Commission for a term of three years, ending June 30, 1991. Given under ~ hand and the seal of the City of Roanoke this 29th day of June, 1988. City Clerk Office of the City Cler~ August 24, 1988 File #15-175 Dr. Wendell H. DutIer, Chairman Roanoke Redevelopment & Housing Authority 2118 Andrews Road, N. W. Roanoke, Virginia 24017 Dear Dr. DutIer: This is to advise you that Mr. Jack Loeb has qualified as a Commissioner of ~he ~oanoke ~edeveIopment & Housing Authority for a term ending August 31, ~990. Sincerely, ~ Mary F. Parker, CMC City Clerk ,~FP: ra Mr. fferbert D. McBride, E.~ecutive Director, Roanoke Redevelopment & Housing Authority, 2624 Salem Turnpike, N. W., ~oanoke, Virginia 24017 Room456 MunlcipalBuildlng 215C~urchAve~ue, S.W.P, oanol~,VIrg~nia24011 (703)98~-2541 0-2 Oath or Affirmation of Office 8tare o] Vi~.~inia, Cit~t o] Roanoke, to ., 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 hithfully and impartially discharge and perform all the duties incumbent upon me as according to the best of my ability So hel me God / *x~ Office of the City Clerk July 27, 1988 File #15-178 Mr. Jack Loeb 36 Cardinal Road, S. W. Roanoke, Virginia 24014 Dear Mr. Loeb: At the regular meeting of the Council of the City of Roanoke held on Monday, July 25, 1988, you were elected as a Commissioner of the Roanoke Redevelopment and Housing Authority for a term ending August 31, 1990. Enclosed you will find a certificate of your election and an Oath or Affirmation of Office ~vhich 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, So Wo Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were elected. SincereIy,t~ ~t'~ Mary F. Parker, CMC City Cler~ MFP: ra Enco pc: Mr. Wendell H. Butler, Chairman, Roanoke Reaevelopment and Housing Authority, 2118 Andrews Road, N. W., Roanoke, Virginia 24017 ~r. Herbert D. McBride, Executive Director, Roanoke Redevelopment and ltousing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Room456 MunlcipalBuilding 215 Church Avenue, S.W. Roanoke, Virg~nla24011 (703) 981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 25th day of July, 1988, JACK LOEB was elected as a Corr~nissioner of the Roanoke Redevelopment and Housing Authority for a term ending August 31, 1990. Given under my hand and the Seal of the City of Roanoke this 27th day of July, 1988. City Clerk Office of the City Clerk August 24, 1988 File #53-21 Mr. Robert E. Glenn Attorney P. 0. Box 2887 Roanoke, Virginia 24001 Dear Mr. Glenn: I am enclosing copy of Resolution No. 29256, approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of Roanoke Memorial Hospitals to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended, which Resolution No. 29256 was adopted by the Council of the City of Roanoke at a regular meeting held on ~{onday, August 22, 1988. Sincerely, Mary F. PaPker, CMC City Clerk MFP: ;'a Enco pc: Mr'. Jack C. Smith, Chairman, Industrial Authority, c/o Roanoke Valley Chamber of Commerce, Kirk Avenue, Roanoke, Virginia 24011 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr'. Brian J. Wishneff, Chief, Economic Development Deve Iopmen t 14 West Room 456 Municipal Building 215 (~urch Avenue, S.W. Roar'.~e, Vlrg~nla 24011 (703) 981-254'I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of August, 1988 No. 29Z56 A Resolution approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of Roanoke Memorial Hospitals to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), has considered the application of Roanoke Memorial Hospitals (the "Hospital"), whose principal office is at the intersection of Jefferson Street and Belleview Avenue, S.E., Roanoke, Virginia, 24014, requesting the (1) issuance of $3,000,000.00 of its Bonds to refund the Authority's $3,000,000.00 Floating Rate Hospital Revenue Refunding Bond Due December 1, 1988, or Upon Earlier Demand (Roanoke Memorial Hospitals), Series 1984 (the Prior Bond) and (2) issuance of up to an additional $15,000,000.00 of its Bonds to finance the equipping and/or renovating~of the Hospital's existing hospital facility (the Project) located at the intersection of Jefferson Street and Belleview Avenue, S.E., in the City of Roanoke, Virginia, and has held a public hearing thereon on August 5, 1988. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended ("the Internal Revenue Code") provides'that the governmental unit having jurisdiction over the issuer of revenue bonds and over the area in which any facility financed with the proceeds of revenue bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"), the Project is to be located in the City and the Council of the City of Roanoke, Virginia (the "Council',) constitutes the highest elected governmental officials of 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 has been filed with the Council. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the issuance of the aforesaid Bonds by the Authority for the benefit of the Hospital, as required by Section 147(f) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Project and the refunding of the Prior Bond. 2. The approval of the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Hospital, 2 and, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bonds shall provide that neither 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 neither the faith or credit nor the taxing power of the Commonwealth, the City nor the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. ATTEST: City Clerk 3 CERTIFICATE The unders~q~ned S~cr~tary of the Industrial Development Authority of the City of Roanoke, Virginia (the Authority) hereby certifies that the attachment hereto is a true and correct copy of the Form 8038 filed by the Authority with the United States Internal Revenue Service in connection with the issuance of the Authority's Medical Facility Revenue Refunding Bond (Roanoke Memorial Hospitals, 1988) in the principal amount of $3,000,000.00. Dated ~,~,~v~--..~) , 1988. ~_-I~T~IS/q~I ~/~VELOPMENT AUTHORITY ;orm8038 I Information Return for Tax-Exempt ("".D~emb.r~986) I Private Activity Bond Issues OMB,o ~S4S-0720 ~ Reporting Authority ~ Indu____strial Development Authority of the City of Roanoke, Virginia 14 West Kirk Avenue 5 C't¥ortown. state, anc~ZlPcaOe PA198 8 - ~ Roanoke, Virginia 24011 ~ ------------ ~ug. 3~, 1988 ~ Type of Issue (check box(es) that applies) ~ ~ 7 -~ Qualified hospital bond (section 145(c)) . . ............ ~ 8 T~ Qua fiedsectonS01(c)(3)bondotherthanaqua fedhospita bond(section 145) ...... 9 [] Qualified student loan bond (section 144(b)) .................. 10 [] tQ;;~:f;?s r~ort~..~]ge bond (section 143(a,). Check box if you elect to rebate arbitrage profits 11 [] Qualified vetera~ns' mortgage bond (section 143(b)). Check box if you elect to reba to the U.S. ~, gJ te arbitrage profits 12 [] Qualified redevelopment bond (section144(c)) . . i i i i ; i i i i i i i i i i 13 [] Qualified smatl iSsue bond (section 144(a)). Check box for $10 million small issue exemption I~ [] 14 Exempt facility bond: a [~] Airport (section 142(a)(I)) ................ ~~ b [] DocksandwharvesCsection142(a)(2)) ............ i i i i i i i i C [] Mass commuting facilities (section 142(a)(3)) .................. d [] Water furnishing facilities (section 142(a)(4)) .................. · [] Sewage facilities (section 142(a)(5)) .................... f [] Solid waste disposal facilities (section 142(a)(6)) ................. g [] Residential rental projects (section 142(a)(?)) ...... h [] Facilities for the local furnishing of electric energy or gas (sect on 142 a . ' [~] L°cald'str'ctheatingorcoolingfacilities(section~42(a)(9)).., !)(~)). · ...... Qualified hazardous waste facilities (section 142(a)(10)) ...... ......... ~/'-] Sports facilities (see instructions) ...................... I [] Convention or trade show facilities (see instructions) ..... . . . m [] Po,ution contro~faci,ties(see instructions) ...... ' . i ' . i .... n [] Hydroeectrcgeneratingfac tes(see nstructons) ................ -,~ o [] Parking facilities (see instructions) ......... . 15 [] Industrial parks (see instructions) .......... ' .......... 16 [] Other. Describe (see instructions) I~ 20 Proceeds used for bond issuance costs (including underwriters' discount) .......... ~ 21 Proceeds used for credit enhancement .................. ' . . 21 -- 22 Proceeds allocated to reasonably required reserve or replacement fund ..... 22 -- 23 Proceeds used to refund prior issues (complete Part VI) ........... 23 3 000 ~000 ~21.'22~ arid :~3 from line 18. column c ..... Form 8038 (Rev i2-SS) ~ Description of Bonds ' ~ ( cludlngunderw.ters discount) 19 Proceeds used for accrued interest Form 8038 (Rev. 12-86) '~P~iA'l Description of Property Financed by Nonrefunding Proceeds Page · (Do not complete for qualified student loan bonds, qualified mortgage bonds, o~r/~Aualified veterans' mortgage bonds.) 25 Type of Property F~nanced by Nonrefunding Proceeds I Amount a Land ............................. b Buildingsand structures ...................... c Equipment with an ACRS life of more than 5 years ................. ~ment with an ACRS life of 5_.years or less. Standard industrial classification (SIC) of nonrefunding proceeds for the financed projects. ~ Nonrefunding proceeds $ Nonref unchng proceeds $ ~ Description of Refunded Bonds (complete this part only for refunding bonds) 27 Enter the remaining weighted average maturity of the bonds to be refunded ............ · 0.3 years 28 Enter_~he last date on wh ch the refunded bonds wiil be called 29 Enterthedate(s)therefundedbondswereissued · Nove~' 2'9/ ]~9~4~' ........ · 8-31-88 ~ Miscellaneous 30 Name of governmental unit(s)approving issue I~ Ci~.~ Council of ~ta.e C±~..y of lqoa.D, oke, Virginia .................................................................. aa. Arbitrage rebate: . a Check box if the 6-month temporary investment exception to the arbitrage rebate requirement is expected to apply .... · [] b Check box if you expect to earn and rebate arbitrage profits to the U.S ............... 32 Enter theamount of the bonds dem~nated by the issuer under section 265(b)(3)(B)(ii) ...... 1~ 0 ' ' ' * · r-~ ~ Volume Cap N/A 33 Check box if qualified veterans' mortgage bonds. · [] Enter the amount of the state veterans' limit 34 Check box if any part of the issue is subject to the unified state volume cap · [] Amount 3S Amount of volume cap allocated to the issue. You must attach state certification ........ 36 Amount of issue excepted from the votume cap: a Under a carryforward election. Enter the date of the election ....... · b As governmentally owned solid waste facilities, airports, docks, or wharves c As qualified section 501(c)(3) bonds, ' ......... d Under the exception for current refundir;gs ..................... · Under transition rules for the Tax Reform Act of 1986. Enter the Act section(s) of the transition rute(s) Please theya true. correct, anti complet e. , Here ~ *P~funded bonds also refunded an earlier issue of bonds. Those bonds were issued December 30, 1980. GLENN, FLIPPII~, FELDIvI~kNN ~ ~_~¥', ' - ' August 9, ~988 Members of the Roanoke City Council c/o Mary F. Parker, Clerk Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Industrial Development Authority Bond Financings for Roanoke Memorial Hospitals Gentlemen and Mrs. Bowles: The Industrial Development Authority of the City of Roanoke, Virginia (the Authority), has held a public hearing for Roanoke Memorial Hospitals, which is requesting two bond financings, one to refund a $3,000,000.00 prior issue and another for up to $15,000,000.00 for upgrading the existing Hospital complex at the intersection of Jefferson Street and Belleview Avenue, S.E., in the City of Roanoke, Virginia. Since Roanoke Memorial Hospitals is a charitable organization qualified under §501(c) (3) of the Internal Revenue Code, neither issue requires bond allocation. Enclosed is the formal information package explaining the project and a form of resolution to be submitted for action at your August 22, 1988, meeting. Very truly ~ Robert E. Glenn bgm:0042075 Enclosures cc: Mr. Jack C. Smith w/encs. Wilbur C. Dibling, Jr., Esq. w/encs. Mr. W. Robert Herbert w/encs. Mr. Brian Wishneff w/encs. CERTIFICATE OF PUBLIC HEARING e on August 3. No comment from the general public was the Authority at the public hearing. The undersigned, Margaret R. Baker, secretary of the Industrial Development Authority of the City of Roanoke, Virginia (the Authority) does hereby certify as follows: 1. Publication of notice of a public hearing of the Authority in accordance with the provisions of S15.1-1378.1 of the Code of Virginia, 1950, as amended, was made on July 22 and July 29, 1988, in the Roanoke Times and World News, a newspaper of general circulation published in the City of Roanoke, Virginia. A copy of the notice and a certificate of publication is attached hereto as Exhibit A. The Authority held a public hearing as advertised 5, 1988. received by 4. At a special meeting of the Authority on August 5, 1988, at which a quorum of the directors of the Authority was present and acting throughout, the Authority adopted its resolution, a copy of which is attached hereto as Exhibit B. 5. Attached hereto as Exhibit C is a fiscal impact statement in conformance to S 15.1-1378.2 of the Code. Witness my hand this ~ .~ ~ay qf August, 1988. ~ Marga~e~/R. Bake~, Secre~, ' ~ Indust~a~evelopment Autho~-lty of th~y~oanoke' Virginia Attachments: A - Copy of Notice and Publisher's Certificate B - Resolution C - Fiscal Impact Statement PUBLISHER'S FEE - HARwELL M bAR~Y JK ~nANO~, E VA 24011 STATE UF ViRGiNIA CITY OF ROANUKc AFFIDAVIT OF PUBLICATION 19 (THE UNDbRSIGNED) AN OFFICER CF TIMES-WORLO CORPUKATION9 mHICH POTATION iS PUBLISHER OF THE ROANOKE T1M~$ & WORL~-NEhS9 A DALLY NEmSPAPER PUmLISHED IN ROANOKE~ IN THE STATE OF VIRGINIA~ D6 CERTIFY IHAT ]HE ANNEXEC NUTICE ~AS PUBLISHED IN SAID NEWSPAPERS ON T~E FOLLOWING DATES 07/22/88 MORNING 07/29/80 MORNING TrtJ~/~lSl DAY OF AUGUST 1988 CFFICER'~ SIGNATU~ RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA WHEREAS, there have been described to the Industrial Development Authority of the City of Roanoke, Virginia (the Authority) the plans of Roanoke Memorial Hospitals (the Hospital) to (1) cause the refunding of the Authority's $3,000,000 Floating Rate Hospital Revenue Refunding Bond Due December 1, 1988, Or Upon Earlier Demand (Roanoke Memorial Hospitals), Series 1984 (the Prior Bond) and (2) equip and/or renovate the Hospital's existing hospital facility (the Project) located at the intersec- tion of Jefferson Street and Belleview Avenue, S.E., in the City of Roanoke, Virginia (the City); and WHEREAS, the Hospital, both in its application submitted to the Authority, which is attached hereto, and in its appearance before the Authority, has described the benefits to the City and has requested the Authority to agree to issue its revenue bonds or notes, under the Virginia Industrial Development and Revenue Bond Act (the Act), finance the cost of Bond; THE the Project in in such amounts as may be necessary to the Project and the refunding of the Prior BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF CITY OF ROANOKE, VIRGINIA: 1. It is hereby found and determined that the location of the City and the refunding of the Prior Bond will -1- promote the health and welfare of the residents of the City and surrounding areas, will be in the public interest and will be consistent with the purposes of the Act. 2. To induce the Hospital to keep the Project in the City, the Authority hereby agrees, subject to required approvals and the compliance of the proposed issue with applicable law, to assist the Hospital in every reasonable way to finance the Project and to refund the Prior Bond and, in particular, to undertake the issuance of one or more of its revenue bonds or notes (the Bonds) therefor, in one or more issues, in amounts now estimated not to exceed $3,000,000 for the refunding of the Prior Bond and $15,000,000 for the equipping and/or renovation of the Project, upon terms and conditions to be mutually agreed upon between the Authority and the Hospital. The Authority and the Hospital will enter into an installment sale or other agreement or agreements which will provide payments to the Authority suf- ficient 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 set by the Authority. 3. It having been represented to the Authority that it is necessary to proceed immediately with the Project, the Authority hereby agrees that the Hospital may proceed with plans for the Project, enter into contracts for renovation and equipping and take such other steps as it may deem appropriate in connection -2- therewith, provided that nothing herein shall be deemed to authorize the Hospital to obligate the Authority without its con- sent in each instance to the payment of any monies or the perfor- mance of any acts in connection with the Project. The Authority agrees that the Hospital may be reimbursed from the proceeds of the Bonds for all costs so incurred by it. 4. All costs and expenses in connection with the financing of the Project and the refunding of the Prior Bond, including the fees and expenses of bond counsel and Authority counsel, shall be paid from the proceeds of the Bonds. If for any reason the Bonds are not issued, it is understood that all such expenses shall be paid by the Hospital and that the Authority shall have no respon- sibility therefor. 5. The Authority intends that the adoption of this resolu- tion be considered as "official action" toward the issuance of the Bonds within the meaning of the regulations issued by the Internal Revenue Service pursuant to Section 103 of the Internal Revenue Code of 1954, as amended. 6. The Authority shall perform such other acts and adopt such further resolutions as may be required to implement its undertakings as hereinabove set forth, and if requested by the Hospital, it will make application to the Internal Revenue Service for such tax rulings as may be necessary in the opinion of bond counsel. To that end, the Chairman or Vice Chairman of the Authority is hereby authorized to execute an appropriate -3- power of attorney naming counsel selected by the Hospital for such purposes. 7. The Authority shall accept from or on behalf of the Hospital conveyance of title to the Project and the land on which the Project is located and any other property to be mortgaged, pledged or otherwise provided as security for the Bonds. The officers of the Authority are hereby authorized and directed to accept and have recorded, if appropriate, proper instruments of title with respect to the Project and any other personal property and any proper deed or deeds in connection with such conveyance. If for any reason the Bonds are not issued, the Authority shall convey the Project and such land and any such other property to the Hospital or to such other person or persons as the Hospital may request, without cost other than the expense of preparation and recordation of instruments of title and deeds of conveyance. 8. The Authority hereby recommends that the City Council of the City (the Council) approve the financing of the Project, the refunding of the Prior Bond and the issuance of the Bonds. 9. The officers of the Authority are hereby authorized and directed to deliver to the Council (a) a reasonably detailed sum- mary of the comments expressed at the public hearing held with respect to the issuance of the Bonds, (b) a fiscal impact state- ment concerning the Project and the Bonds in the form specified in Section 15.1-1378.2 of the Code of Virginia, and (c) a copy of this resolution, which constitutes the recommendation of the -4- Authority that the Council approve the financinG of the Project, the refundinG of the Prior Bond and the issuance of the Bonds. 10. This resolution shall take effect immediately upon its adoption. -5- INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA APPLICATION FOR AUTHORITY FINANCING ~ection 1 Information Concerning Applicant Name of Applicant: Roanoke Memorial Hospitals Mailing Address: P.0. Box 13367 Roanoke, Virginia 24033 Federal Employer ID # 54-0506332 Name of applicant's representative information: Name Donald E. torton to be contacted for additional Mailing Address if Different from Applicant Telephone No. (703)981-7247 Name(s) of Principal User(s), if Different from Applicant: Same Mailing Address if Different from Applicant Federal Employer ID # Type of business presently conducted by applicant, Hospital if any: 5. Present location of applicant's principal place of business, if any: Jefferson Street at Be]leview (1812 Be]]eview) 6. In what year was business started? ]899 If a corporation, give state of incorporation: Vir§inia If a subsidiary of another corporation, give name, state of incorporation and mailing address of parent corporation: Carillon Health System; Virginia; P.O. Box 13727, Roanoke, Virginia 24036 If a corporation, give names and residence addresses of the principal officers, directors, and major stockholders (ten percent or more): See attached listing. 10. 11. 12. If applicant is a partnership, give (al name of state under whose laws it is organized: N/A ; and (b) City or County in which its principal office is located: If a partnership, state whether general or limited: If a partnership, give names and residence addresses of all present partners and indicate whether general or limited: N/A 13. If applicant is a joint venture or other business entity (other than a corporation or partnership), describe and give names and residence addresses of all principals: N/A 14. If applicant proposes to undertake the facility sought to be financed through a subsidiary corporation, a new corporation, or other entity to be formed by applicant, give details: 15. Identify any officers, directors, or shareholders (except shareholders of publicly traded corporations) who hold any state or local elective or appointive office, and state the office held: .N/A 16. Describe any relationships between the applicant and principal users and any member of the Authority or City Council: Mayor Noe] C. Taylor, D.D., is a Director of Carilion Health System Section 2 Information Concerning Facilit~ Sought To Be Type of facility: Hospital Financed o Standard Industrial Classification Code applicable to the facility: 8060 Indicate whether facility sought to be financed is a (al new facility ; (b) existing facilit~ ; or (c) addition to or modification of existing facility X -- Type of business or activity to be conducted and purpose of facility sought to be financed. Explain proposed use of facility by applicant and/or others and, if a manufacturing plant,, the type of products to be manufactured: To finance the acquisilion and Installation of medical equipment and facility renovations over the next 30 months and an existing $3,000,000 exempt obligation. Specific 'site location, if known, including street number, if available: 1812 Belleview, S.E. 6. General description of proposed facility (describe type of construction, square footage, amount for each operation such as manufacturing, storage, office, etc.): To equip and/or renovate the applicant's existing hospital Faci l ity. Name and address of architect, Not Yet Chosen if selected: Telephone No. ( ) 8. Name and address of contractor, if selected: Hot Yet Chosen Telephone No. ( ) If site has been selected, give name of present owner (s): Roanoke Memorial Hospitals 10. If an existing facility (a) what is its present use? H0spita] 11. ; (b) employees presently employed on year round basis average annual salary per such employee $ 2],432-- number of regular 2,393 ; and (c) If applicant is not the present owner of the site, state what, if anything, has been done concerning the location and acquisition of a site by or on behalf of the applicant. N/A 12. 13. 14. If specific location of proposed facility is known, state the present zoning classification of the land under the Zoning Ordinance of the City of Roanoke: N/A If specif'ic location is known, is a zoning change required? YES NO X · If yes, state the zoning classification required: Does the site of the proposed facility require governmental expenditure for roads, utilities, etc.? Describe. NO 15. Are funds from other government sponsored programs involved in this project? Describe: No 16. Estimated number of regular employees to be employed on year round basis after acquisition or completion of facility: ~400 18. 19. What net number of jobs will be created or retained as a direct result of the Project? None Average annual salary per such employee: $ N/A Estimate the annual payroll after completion of the facility: N/A 20. Identify skills of new employees, the availability of such employees, proposed wage scale, and training needs: skilled 21. State the growth potential for the facility in terms of sales, employment, and plant expansion: N/A 22. If application is approved by the Authority, when would applicant anticipate issuance of bonds and work on the facility started? 3,000,000 Refunding August 3], 1988 and 15,000,000 Equipment and/or Renovation "in October or November of ]988. Section 3 Cost of Facility and Financing Estimated total cost of proposed facility: $ ]8,000,000 Maximum amount of financing sought through the Authority: Items of cost to be paid from Authority financing (i.e., building, equipment, legal, etc.): Refunding Prior Obligation 3,000,000 $ ]8,000,000 land, Equipment and Renovation to Existin9 Facility ]5,000,000 If financing is approved, does applicant expect the Authority bonds to be sold by (a) private placement X ; or (b) public offering If by private placement, has applicant received a commitment or other assurance from a bank or others with respect to the sale of the bonds? YES X NO Elaborate: Sovran Bank, N.A. has agreed to purchase the bonds as agent for the Bond Holder. If by public Name offering, name and address of underwriter desired: MaJlin9 Address Telephone No. Name and address of bond counsel desired: Name Woods, Rogers, & Hazlegrove ( ) Mailin9 Address P.O. Box 720 Roanoke, Virginia 24004 Telephone No. (703) 982-4232 Section 4 Tax Information If the site of the proposed facility is known, state the current assessed value for real estate tax purposes of the land, and improvements thereon. Land $ 0 Improvements $ 0 TOTAL $ 0 Current yearly real property tax on the proposed site: $ 0 Estimated taxable value of the facility's real property (buildings and improvements) to be constructed: $ 0 Estimated real property tax per year with respect to the facility when completed on real property to be constructed (buildings and improve- ments) using present City of Roanoke tax rates: $ 0 Estimated personal property tax per year with respect to the facility when completed, using present City of Roanoke tax rates: $ Estimated merchants' capi%al tax per year with respect to the facility when completed, using present tax rates: $ 0 Estimated dollar value per year of goods and services that will be purchased locally by applicant or other users o£ the facility: $ No Increase Section 5 Inducement Explain how the requested financing by the Authority will enable or induce applicant to locate in or remain in the City of Roanoke and the Commonwealth of Virginia? The proceeds of the Bonds will be used to finance for purchase if medical equipment and renovation to the applicants existing hospital facility which area is critical to continue providing high quality medical care to residents of the City of Roanoke and its environs. It is understood and agreed by the Applicant that Applicant (a) will, upon the filing of this application, pay to the Authority $2,500.00 (appli- cation fee of $1,000.00 and Authority counsel fee of $1,500.00) and in additi( (b) will pay when billed the cost of necessary advertisement of any public hearing required to be held with respect to this application, and (c) will pay, when billed, all other costs and expenses of the Authority, including the reasonable fees of its legal counsel, with respect to this application, any Authority or Roanoke City Council meetings held in connection therewith and proceedings at the state level in applying for a State Reserve Allocation. Also in addition, Applicant understands and agrees that in the event the Authority approves the application and adopts an inducement resolution with. respect thereto and thereafter authorizes the issuance of its bonds or notes to finance a facility on behalf of the Applicant all costs of the Authority in connection with any such issue, including the reasonable fees of its legal counsel and bond counsel, will be paid either from the proceeds of the issue or directly by the Applicant, or if such bonds or notes are not issued for any reason, then directly by the Applicant. The Applicant understands that the approval or disapproval of this application is within the discretion of the Authority and that if approved by the Authority the requested financing must also be approved by the City Council of the City of Roanoke; that the Authority and/or City Council may require additional financial and other information from the Applicant; that the Authority reserves the right to approve or disapprove Bond Counsel with respect to each issue; that if this application is approved and Authority bonds or notes are thereafter issued all financing documents shall be in form and substance satisfactory to the Authority, its legal counsel and Bond Counsel and shall include provisions satisfactory to the Authority, with respect to indemnifying the Authority and payment by Applicant to the Authority of its closing fee of .050% of the principal a[nunt of the issue, with a minimum of $500 and a maximum of $5,000, and additional funds as may be necessary on an annual basis to be applied to the Authority's general operating and audit expense while such bonds or notes are outstanding; and that if the Authority adopts an inducement resolution with respect to the issuance of bonds or notes on behalf of Applicant and thereafter before the issuance of its bonds or notes determines (1) that any material information furnished the Authority or the City Council by or on behalf of the Applicant is false or misleading, (2) if after the adoption of such resolution the proposed financing is not thereafter approved by the City Council of the City of Roanoke, or (3) if the Authority deems the Applicant to have taken insufficient action toward closing the requested financing, the Authority, in any such event, reserves and shall have the right to revoke or rescind such inducement resolution which the Authority has entered into with Applicant, after not less than ten (10) days written notice of the Authority's intention so to do, addressed and mailed to the Applicant at its address given in this Application. If the proposed financing is approved by the Authority and the City Council, and for any reason, the bonds or notes are not issued prior to the end of the current calendar year, the inducement and authorization to issue bonds shall terminate and abate, and be of no further effect at midnight on the last day of the calendar year. Respectfully submitted this 5 day of August , 198 8. Roanoke Memorial Hospitals ~~.~~sistant Secretary-Treasurer (1) (2) PLEASE NOTE Individual applicants shall each sign the application. If Applicant is a corporation, the application is to be made and signed in the full proper name of the corporation as it appears in its Articles of Incorporation, by a duly authorized officer thereof who shall give his title, and if a partnership, in the full proper name of the partnership as it appears in its Certificate of Partnership, by one or more general partners. If additional space is needed to properly respond to any question, refer to and attach an additional numbered sheet at end of application. (3) If any question is not appliOable, indicate by inserting #N/A." ROANOKE MEMORIAL HOSPITALS 54-0506332 FYE SEPTEMBER 30, 1987 Directors William A. Dickinson. V~ce Chairman 2616 Stanley Avenue Roanoke, Virginia Charles L. Crockett, 3136 Somerset Drive Roanoke, Virginia· Jr., M.D. Charles I. Lunsford, II 161 - 27th Street Roanoke, Virginia Robert. W. Woo~y, Chairman 2801 South Jefferson Street Roanoke, Virginia George B. Cartledge, Jr. 3121 Somerset Street Roanoke, Virginia Darwin J. Ferry, Jr., M.D. 3911 Bosworth Drive Roanoke, Virginia WilliamH. Flannagan 2532 South Jefferson Street Roanoke, Virginia Douglas E. Pierce, M.D. 5221 Airport Road ~manoke~ Virignia Philip T. Shiner, M.D. 4965 Topping Hill Drive Roanoke, Virginia · Officers Thomas L.'Robertson, 3Q62Lockridge Road, Roanoke, VA Paul N. Bridge, 3701Bosworth St., Roanoke, VA Shirley H. Carter, Route 2, Box 260, Blue Ridge, VA President & Director Secret~ry-Treasurer Asst. Secmetafy-Treasurer RESOLUTION OF AUTHORITY cute to carry out which instruments Authority: WHEREAS, Roanoke Memorial Hospitals (the Purchaser) has requested the Industrial Development Authority of the City of Roanoke, Virginia (the Authority) to refund the Authority's $3,000,000 Floating Rate Hospital Revenue Refunding Bonds Due December 1, 1988, Or Upon Earlier Demand (Roanoke Memorial Hospitals), Series 1984 (the Prior Bonds) pursuant to the Virginia Industrial Development and Revenue Bond Act (the Act), and the Authority is willinG to do so; and WHEREAS, the Authority proposes to refund the Prior Bonds by the issuance of its medical facility revenue refunding bond in the principal amount of $3,000,000, to be secured by an assign- ment of the Authority's rights under the promissory note of the Purchaser in a principal amount equal to the principal amount of such bond (the Note) to Sovran Bank, N.A. (the Bank), as agent for the holders of such bond (together with any successor as such agent, the Bond Agent); and WHEREAS, there have been presented to this meeting the forms of the following inst~ents, which the Authority proposes to e×e- the transactions described above, copies of shall be filed with the records of the (a) Bond Purchase and Financing Agreement dated as of August 1, 1988 (the Agreement), among the Authority, the Purchaser, the Bond AGent and the Bank, as agent for the Authority, and (b) The Authority's Medical Facility Revenue Refunding Bond (Roanoke Memorial Hospitals, 1988) having a principal amount of $3,000,000 (the Bond) and bearing interest at the fluctuating annual rate necessary to cause all Components (as defined in the Bond) to have a market value of par, subject to limitations pro- vided for therein; BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA: 1. The Chairman or Vice Chairman of hereby authorized and directed to execute deliver it to the other parties thereto. 2. The Chairman or Vice Chairman of the Authority is the Agreement and to the Authority-is hereby authorized and directed to assign the Note to the Bond Agent and to deliver it to the Bond Agent. 3. The Chairman or Vice Chairman of the Authority is hereby authorized and directed to execute the Bond, the Secretary or Assistant Secretary is authorized to affix the seal of the Authority to the Bond and to attest such seal, and either is authorized and directed to deliver the Bond to the Bond Agent, all upoa the terms provided in the Agreement. 4. The Agreement and the Bond shall be in substantially the forms submitted to this meeting, which are hereby approved, with such completions, omissions, insertions and changes as may be approved by the officers executing them, their execution to constitute conclusive evidence of their approval of any such completions, omissions, insertions and changes. -2- 5. The officers of the Authority are hereby authorized aad directed to execute and deliver all certificates aad instruments (including a Form 8038 to be filed with the Internal Revenue Service) and to take all such furthe~ action as they may consider necessary or desirable in connection with the issuance and sale of the Bond and the refunding of the Prior Bond. 6. All other acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bond and the refunding of the Prior Bond are hereby approved and confirmed. 7. The Bond Agent is hereby authorized (a) to distribute the Placement Memorandum (as defined in the Agreement) in such form as may be approved by the officer of the Authority executing the Agreement, his execution of the Agreement to constitute conclu- sive evidence of his approval of the form of the Placement Memorandum, and (b) to distribute appropriately revised or supplemented forms of the Placement Memorandum in connection with sales of Components subsequent to the initial sale thereof. 8. This resolution shall be effective after (but not before) the later of (a) the adoption of this resolution by the Authority and (b) the approval by the City Council of the City of Roanoke, Virginia of the issuance of the Bond as required by Section 147(f) of the Internal Revenue Code of 1986, as amended. -3- FISCAL IMPACT STATEMENT Applicant: Roanoke Memorial Hospitals Date: August 5, 1988 Facility: The Applicant's existing hospital facility located at Jefferson Street and Belleview Avenue, S.E., in the City of Roanoke, Virginia, the equipping and/or renovation of which will be financed, together with the refunding of a prior obligation. $18,000,000' 1. Maximum amount of financing sought 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 0 3. Estimated real property tax per year using present tax rates $ 0 4. Estimated personal property tax per year using present tax rates $ 0 5. Estimated merchants' capital tax per year using present tax rates $ 0 6. Estimated dollar value per year of goods and services that will be purchased locally $ No Increase 7. Estimated number of regular employees on year round basis 0 ** 8. AveraGe annual salary per employee $ None If one or more of the above questions do not apply to the facil- ity, indicate by writing "N/A" on the appropriate line. * $3,000,000 of which will be used for the refundinG of a prior obligation ** Additional employees only Office of the City Cie~ August 24, 1988 File #68-377~230 Mr. W. Robert Herbe~t City Manager Roanoke, Virginia Dear M~'. Herbert: I am attaching copy of Ordinance No. 29257, accepting a gift of sculpture, to be created by artist David Breeden, for installa- tion in front of the Roanoke City Courthouse, which Ordinance No. 29257 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 22, ~988. Sincere Iy, Mary F. Parker, CMC City Clerk MFP: ra Enc. pc: Ms. Susan Coole, Executive Director, Arts Council of Roanoke Valley, One Market Square, S. W., Roanoke, Virginia 24011 Mr.. Timothy L. Jamieson, Chairman, Roanoke Arts Corr~nission, Po 0o Box 13446, Roanoke, Virginia 24034 Mr.. Joel M. Schlanger, Director of Finance Mr. William F. Clark~ Director' of Public Works Mr'. Charles M. 'Huffine, City Engineer Room 456 Municipal Building 215 C~urch Aw~nue, S.W. Roanoke, V~rglnla 240t I (703) 981-2541 Office of the City Clerk August 24, 1988 File #68-377~230 The Honorable Jack B. Coulter Judge, Circuit Court Roanoke, Virginia The Honorable Roy B. Judge, Circuit Court Roanoke, Virginia Willett The Honorable Clifford R. Judge, Circuit Court Roanoke, Virginia Wecks te in Gentlemen: [ am attaching copy of Ordinance No. 29257, accepting a gift of sculpture, to be created by artist David B;'eeden, for installa- tion in front of the Roanoke City Courthouse, which Ordinance No. 29257 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 22, 1988. MaPy F. Parker, ChiC City Clerk MFP: ;'a pc: The Honorable Edward S. ~icld, Jr., Judge, General District Court The Honorable Charles 0. Cornelison, Judge, General District Court The Honorable Judy H. Cabaniss, Judge, GenePal Dist~ict Court The Honorable James W. Fiippin, Judge, Juvenile & Domestic Relations Court The Honorable Fred L._Hoback, Jr., Judge, Juvenile & Domestic Relations Court Room456 Munlci~:x~lBuildlng 215 C~urch Avenue. S.W. Roanc~e, Vlrg~nia24011 (703) 981-2541 The Honorable Jack B. Coulter The Honorable Roy B. Willett The Honorable Clifford R. Weckstein Page 2 August 24, 1988 pc: The Honorable Philip Trompeter, Judge, Juvenile & Domestic Relations Court Miss Patsy Testerman, Clerk, Circuit Court Mr'. Donald S. CaldweII, Commonwealth's Attorney Mi'. W. Alvin Hudson, Jr., City Sheriff Ms. Clayne M. Calhoun, Law Librarian Mr. Daniel S. Brown, President, Roanoke Bar Association, P. 0. Box 720, Roanoke, Virginia 24004 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of August, 1988. No. 29257. AN ORDINANCE authorizing the acceptance of a gift of sculpture to the City; authorizing the execution of an agreement relating thereto; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Council hereby agrees to accept the generous gift to the City of a work of sculpture to be created by artist David Breeden, and agrees to permit the installation of such work City Courthouse, upon the terms and conditions authorized by this ordinance. 2. The City Manager or the Assistant City Manager and the City Clerk are authorized to execute and to seal and attest, respectively, an agreement by and among David Breeden, the Arts Council of Roanoke Valley, and the City, providing for the gift to the City of a work of sculpture to be created by Mr. Breeden and to be installed by the artist in front of the Roanoke City Courthouse, such agreement to be in the form of the agreement already executed by Mr. Breeden and the Arts Council, and to be approved as to form by the City Attorney. 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. in front of the Roanoke set out in the agreement ATTEST: City Clerk. Roanoke, Virginia August 22, 1988 Honorable Mayor Noel C. Taylor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Taylor and Members of Council: Subject: Proposed Gift of Breeden Sculpture to City Mr. C. David Breeden of Charlottesville, Virginia, a well-known sculptor of public art whose work appears in such places as Roanoke College, Alumni Hall at the University of Virginia, Miami Beach City Hall, Pittsburg City/County Building and other public places, has offered to do a work for the exterior of the Roanoke City Courthouse. Mr. Breeden is a professional sculptor, who has created a preliminary design and specification for a three-dimensional sculpture piece which the City Arts Commission has reviewed and approved. The proposed sculpture will be approxima- tely 14 feet tall and the proposed location of the sculpture is under the por- tico on the corner of the Courthouse facing Third Street and Church Avenue. The work of art would be an unconditional 8irt to the citizens of the City of Roanoke, with no financial obligation from the City. The Arts Council of Roanoke Valley has agreed to raise the funds necessary to reimburse the artist for the purchase price, which is $100,000.00, although the artist has agreed that the payment of $22,500.00 will be sufficient to compensate the artist for the completion and installation of the work. The City of Roanoke and its Arts Commission have the right to approve the plans, specifications and schedule for the work, which is to be completed within eight months of the execution of the proposed agreement. The artist will pay for all costs related to the installation of the work, including liability insurance to protect the City; the artist will also hold the City harmless for any damage or loss to the City's property arising out of the installation of the work. Finally, should the City ever sell the work, the artist reserves the right of first refusal to purchase the work. Page 2 August 22, 1988 The Roanoke City Arts Commission and the City Attorney have prepared a contract to implement the above and the contract has been reviewed and approved by myself and the City Attorney. The contract (attached) has already been exe- cuted by Mr. Breeden and the Arts Council of Roanoke Valley. The Roanoke City Arts Commission has requested that Council approve the aforementioned contract (see Attachment "A"). Users of the Courthouse and a special committee of the Roanoke Bar Association have reviewed the Breeden Sculpture proposal and have no objections (see Attachment "B"). I recommend that City Council concur in the Roanoke City Arts Commission's request by adopting the appropriate measure. Respectfully submitted, W. Robert Herbert City Manager WRH/EBRJr/ga cc: Mrs. Susan Cole, Executive Director, Arts Council of Roanoke Valley Mr. Timm Jamieson, Chairman, Roanoke City Arts Commission Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Bane Coburn, Project Engineer 1315 Franklin Road P. O. Box 13446 ~anoke, Virginia 24034 (703) 857-3100 Hayes, Seay, Mattern & Mattern, Inc. ARCHITECTS · ENGINEERS · PLANNERS Attachment "A" 18 July 1988 Mr. Robert Herbert City Manager City of Roanoke 315 Church Avenue Roanoke, VA 24011 RE: Breeden Sculpture Dear Mr. Herbert: On behalf of the members of the Roanoke Arts Commission, we do hereby recommend that the City of Roanoke enter into a contract with Mr. David Breeden of Charlottesville, Virginia, to place a major piece of his work on the southeast corner of the Roanoke City Courthouse. Mr. Breeden is a nationally known sculptor and his work has great value both intrinsically and monetarily. The fact that the work is being accomplished at no cost to the City only furthers the advantage of signing the contract with Mr. Breeden. We hope the City will act now to ensure that Roanoke will have another wonderful piece of public art. Very truly Timm. L. Oa~ieso~-~_ Chairman, Roanoke Arts~ommission TLd/bmd / Roanoke, VA Rockville, MD Virginia Beach, VA Mobile, AL Greensboro, NC Raleigh, NC Attachment "B" TWENTY-THIRD JUDICIAL CIRCUIT OF VIRGINIA August 12, 1988 The Honorable Mayor Noel C. Taylor and Members of City Council Room 452, Municipal Building Roanoke, Va. 24016 Re: The Breeden Statue Dear Mr. Mayor and Members of Council: I am writing on behalf of the users of the courthouse and a special committee of the Roanoke Bar Association in relation to the proposed Breeden statue to be erected according to the proposal at the top of the outside steps at the southeast corner of the courthouse (corner of 3rd Street and Church Avenue) under the soffitt or overhang. We have been following this project with interest for over a year. Some of us have viewed the works of Mr. Breeden at his studio in Charlottesville; others have seen his exhibits either at the Festival in the Park, at his special reception in the Center in the Square on April 21, 1988, or otherwise. At a meeting of the committee of the bar and the users of this build- ing on October 15, 1987, after reviewing sample works of Mr. Breeden and his specific proposal, this group tentatively acqui- esced in the project -- particularly since it would not cost the City any specific expenditure of funds as we understood it -- if it met the approval of your City Arts Commission. We understand that a formal "contract to proceed" will be presented to City Council by the City Arts Commission at your meeting on Monday, August 22, 1988, and that you might want some expression from us about the project. Toward that end our group met again yesterday, August 11, 1988, to review the matter. It The Honorable Mayor Noel C. Page 2 August 12, 1988 Taylor was our general consensus, as before, that as to subjects of this nature, none of us being experts in the field, we would yield to the judgment of the City Arts Commission. We have no objection, in other words, to the project and acquiesce in the recommenda- tion of the City Arts Commission and your ultimate decision. We appreciate very much having been given the opportunity to express our views on this proposed project and of being involved in the process. JBC:d rely'- ~ ack ~.~Co~u~ter cc: W. Robert Herbert, City Manager Ail Circuit Court Judges All General District Court Judges All J. & D. R. District Court Judges Patsy Testerman, Clerk of Courts Donald S. Caldwell, Commonwealth's Attorney W. Alvin Hudson, Jr., Sheriff Clayne Calhoun, Law Librarian G. Marshall Mundy, Esq., Chairman, 1987-88 Roanoke Bar Courts Committee and members of his committee (Anthony F. Anderson, Charles N. Dorsey, James F. Johnson, and James c. Joyce) Richard C. Maxwell, Attorney for the Project Susan Cole, Exec. Dir., The Arts Council of Roanoke Valley Tim Jamieson, Chairman, Roanoke City Arts Commission Daniel S. Brown, President, Roanoke Bar Association AGREEMENT ROANOKE VALLEY, Council"). WHEREAS, the Artist is created a preliminary design and dimensional sculpture piece (the Commission has approved; and THIS AGREEMENT, entered into as of this day of , 1987, by and between DAVID BR~EDEN (the "Artist"); the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia (the "City"); and the ARTS COUNCIL OF a Virginia, not-for-profit corporation (the "Arts WHEREAS, the Arts Council and for its installation; and WHEREAS, the Council of a professional sculptor who has specifications for a three- "Work") which the City's Arts will pay the Artist for the Work the City of Roanoke has agreed to accept the gift of the Work to the City, and to permit its installation in front of the Roanoke City Courthouse. NOW, THEREFORE, ~n consideration of the mutual obligations contained herein, the parties agree as I. Artist's Services. A. Scope - The Artist shall perform all services and furnish all supplies, materials and equipment as necessary for the design, fabrication and installation of the Work to be located on a site in front of the Roanoke City Courthouse on Church Avenue (the "Sits") as shown on Exhibit "A" attached hereto. The Work, when completed, shall be in accordance with %he design approved by the C~ty's Arts Commission. promises and follows: -1- B. Procedure - Upon execution of this Agreement and upon receipt of payment as provided below, the Artist shall com- mence the fabrication of the Work. The City's Arts Commission shall have'the right at reasonable times to review the Work during the fabrication thereof and to receive progress reports from the Artist. Within ninety (90) days after the execution of this Agreement, the Artist shall furnish to the Arts Council and the City a tentative schedule for completion of fabrication and installation of the Work. All work under this contract shall be completed within eight (8) months of the date of Construction, transportation and installation of full responsibility of the Artist, both as to the tion and cost incurred. this Agreement. the Work is the actual execu- II. Purchase Price and Schedule of Paymentf~. A. The purchase price of the Work shall be One Hundred Thousand Dollars ($100,000.00). However, the Artist agrees that the payment of Twenty-two Thousand Five Hundred Dollars ($22,500.00) shall be sufficient to compensate the Artist for the completion and installation of the Work. It is the intent of the parties that funds will be raised through contributions and that fundraising for the Work will continue after its installation. The parties agree that the Arts Council will assist in fundraising, but in no event shall the Arts Council be liable for the payment of the purchase price or for raising any specific dollar amount of funds. Furthermore, the parties agree that the -2- City shall not be liable under any circumstances for payment of the purchase price or any other cost associated with the fabrica-- tion or installation of the Work. B. The Arts Council shall retain 10% of all funds contributed for the Work. C. Upon the execution of this Agreement, the Arts Council shall pay to the Artist 63% of the funds as of that date contributed and thereafter shall pay 63% of all contributions received subsequent to the execution of this Agreement and prior to the installation and acceptance of the of the Work. D. Upon the installation and acceptance of the Work the Arts Council shall pay to the Artist the remainder of any contributed funds (less the 10% retained by the Arts Council). The Arts Council shall pay 90% of all contributions for the Work which are received within three years after installation and acceptance of the Work or until the Artist has received $100,000.00, whichever comes first. E. Upon installation and acceptance of the Work, the Artist shall provide the Arts Council with an affidavit cer- tifying that all costs incurred in the preparation and installa- tion of the Work have been paid and that the Work is free and clear of any potential or actual encumbrance or lien. D. The purchase price shall include all expenses incurred by the Artist in the course of creating, executing and installing the Work, including but not limited to, the Artist's -3- commission, all labor, contractors, supplies, installation costs, insurance, travel expenses and lodging. These expenses shall also include the cost of whatever base or mounting the Artist deems necessary or appropriate for the Work. E. The City shall not be liable for payment to the Artist or to the Arts Council for any services or expenses they render or incur under this Agreement, it being the intent of the Artist and the Arts Council that the Work be a gift to the citi- zens of the City of Roanoke. III. Plans and Specifications. Within sixty (60) days after the execution of this Agreement, the Artist will provide the Arts Council, the City's Arts Commission and the City with the plans, specifications and a schedule for completion and installation of the Work, approved by the City and the firm of Hayes, Seay, Mattern and Mattern. The City shall cooperate with the Artist in the installation of the Work upon the Site provided. IV. ~ight to Inspect Work in Progress. -The Arts Council and the City's Arts Commission may at reasonable times inspect the Work in progress. V. Completion of Work. Completion of the Work is to be determined by the Artist and the acceptance of the Work by the Arts Council and the City. It is understood and agreed that it may not be possible to create the work exactly as depicted by the preliminary design plans, but -4- the Artist agrees creating the Work liminary design. to use his best professional ability in according to the style and intent of the pre- Designation of materials to be used in the spe- cification~ will be followed as closely as possible. In the event of the Artist's death or disability, the Artist's estate may complete the Work in accordance with the preliminary design and specifications. VI. Naming the Work. The parties agree that the Artist will name the Work. VII. Dedication of the Work. The Artist agrees to be available for the dedication of the Work. He further agrees to prepare a brief written statement as to the origin and intent of his concept and to present this statement, together with any other appropriate comments, at the dedication. The Artist also agrees to meet with members of the media to publicize the event. VIII. Installat! ~n and Insurance. The Artist agrees to supervise the installation of the Work and-agrees to coordinate the installation with the City. During the installation, the Artist shall be required to fence off the Site as necessary and shall be required to provide liability insurance naming the City of Roanoke and the Arts Council, their officers, agents aad employees as additional insureds, insuring against liability for property damage in an amount not less than Fifty Thousand Dollars ($50,000), and bodily injury, including -5- wrongful death, in an amount not less than One Hundred Thousand Dollars ($100,000) to any one person for any one occurrence, and in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000) ~ annual aggregate. The Artist shall indemnify and hold the City and the Arts Council harmless for any damage or loss to real or personal property of the City growing or arising out of the Artist's installation of the Work at the Site. The Artist agrees to insure the Work against damage or loss until the completion of the installation of the Work. In the event of a loss the parties agree to apply any available insurance proceeds toward the repair and completion of the Work. If the piece is damaged after installation, the parties agree that the Artist shall perform any repairs required. Minor repairs shall be done without charge. IX. Title to the Work. The parties acknowledge that, upon acceptance by the City and the Arts Council, title to and ownership of the Work shall be held by the City. ~X. Reproduction. The Artist shall retain copyrights in the Work. The City and the Arts Council shall be entitled to reproduce photographs, prints or models of the Work. Any such reproduction shall be accompanied by a copyright notice in substantially the following form: © David Breeden, 198_, All Rights Reserved. -6- XI. Termination. Performance by the Artist under this Agreement may be ter- minated by the City and the Arts Council in whole or in part whenever t~e City and the Arts Council shall determine that such termination is in their best interests. Such termination shall be effected by delivery to the Artist of a Notice of Termination specifying (1) whether termination is for the default of the Artist or for other than the default of the Artist, (2) the extent to which performance under the Agreement is terminated, and (3) the effective date of such termination. XII. Transfers. Neither this Agreement nor any interest therein shall be transferred by the Artist; any such transfer will be null and void and will be cause to annul this Agreement. XIII. Amendments; Waivers. This Agreement is the sole Agreement between the City, the Arts Council, and the Artist concerning the subject matter hereof and supersedes any and all prior agreements relating thereto. No provision of this Agreement may be amended, modified or supple- mented except in writing signed by the City, the Arts Council and the Artist. The waiver or the breach of any provision of this Agreement will not constitute a waiver of any subsequent breach thereof, nor of the Agreement. -7- XIV. Assignability. The Artist shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment'or novation) without prior written consent of the City and the Arts Council thereto; provided, however, that claims for money due or to become due to the Artist from the Arts Council under this Agreement may be other financial institution such assignment or transfer Arts Council. XV. Changes. The City and the Arts assigned to a bank, trust company or without such approval. Notice of any shall be furnished promptly to the Council may, from time to time, require changes in the scope of services of the Artist to be performed hereunder. Such changes, including any increase or decrease in the amount of the Artist's compensation, which are mutually agreed upon by and between the City, and the Arts Council and the Artist, shall be incorporated in written amendments to this Agreement. XVI. Severability. Each section and provision of this Agreement shall be inde- pendent of each other section and provision. If any section or provision of this Agreement, and/or appendices incorporated herein, prove to be, or is finally held by a court, tribunal, board or authority of competent jurisdiction to be invalid under any prevailing law, the other sections of this Agreement shall -8- continue force. XVII. to be, and be deemed to continue to be, valid and in Captions Not a Part Hereof. The captions of the several sections of this Agreement are not part of the contents hereof but are only guides or labels to assist in locating and reading such sections. They shall be given no effect in construing this Agreement. XVIII. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the City, the Arts Council and the Artist and their respective heirs, successors and assigns. XIX. Surviving Covenants. The covenants and obligations set forth in this Article shall survive the completion of the installation of the Work and shall continue death of shall notify the Artist for a period ending on David Breeden. (a) Alteration of and the twentieth anniversary of the the Site or of the Work. - The City the Arts Council of any proposed alteration of the Site or adjoining areas that would affect the intended character and appearance of the Work or movement of the Work to another location, and shall consult the Artist in the planning of any such alteration or movement. If any alteration of such Site or areas or of the Work is made and not restored, or movement of the Work is made without the express written approval of the Artist, the Artist may elect to enter upon the Site and -9- obliterate any signature or other emblem identifying the Artist with the Work, but the Artist shall only do so in a manner which would not affect the attractiveness and integrity of the Work. (b) Sale of the Work - In the event of any sale, transfer or other disposition of the Work by the City, the Artist shall have the first right of refusal to purchase the work from the City at the highest offer received by the City. (c) The Artist shall notify the City of changes of his address, and his failure to do so, if such failure prevents the City from locating him, shall be deemed a waiver by the Artist of his rights to enforce those provisions of paragraph (a) of this Article XIX that require the express approval of the Artist. All notices to the City shall be directed to it in care of: City of Roanoke Office of the City Manager 215 Church Avenue, S.W. Roanoke, virginia 24011 All notices to the Artist shall be directed to him at: David Breeden Biscuit Run Studios Route 1, Box 24 Old Lynchburg Road Charlottesville, Virginia 22901 Either party may the other at the change the above address by written notice to last stated address. -10- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three (3) original copies on the and year first above written. day WITNESS: ARTIST: ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk W. Robert Herbert, City Manager Secre~ary ARTS COUNCIL OF ROANOKE VALLEY 'Executive Director -11- Office of the City Cler~ August 24, 1988 File #27 ?.~;'. W. Robert /terbe~,t City Manager Roanoke, Virginia Dear M;.. Herbert: I am attaching copy of Ordinance No. 29259, approving the issuance of Change Order No. 1 to the City's contF, act with E. C. Pace Company, Inc., for the Norwood Sanitary Sewer replacement project, which ©rdinance No. 29259 ~as adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 22, 1988. Sincere'y, Mary F. Parker, CMC City Clerk MFP: ra pc: ~o C. Pace Company, Inc., P. O. Dox 12685, Roanoke, 24027 :~r. WiIburn C. Dibling, Jr., City Attorney ~1~'. Joel M. SchIanger, Director of Finance Mr. Kit B. Kise~., Director of Utilities and Operations ~r. William F. Clark, Dii'ector of Public Works ~Ar. Charles M. [luffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Vir,ginia Room 456 Municipal Building 215 C~ul'ch Avenue, S.W. I:~oanoke, ~rglnia 2401 t (703) 98t-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of August, 1988. No. 29259. AN ORDINANCE approving the City Manager's issuance of Change Order No. i to the City's contract with E. C. Pace Company, Inc., for the Norwood Sanitary Sewer replacement project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with E. C. Pace Company, Inc., dated November 16, 1987, related to the Norwood Sanitary Sewer replacement. 2. Such Change Order shall provide changes in the work to be performed: ORIGINAL CONTRACT AMOUNT CHANGE ORDER NO. 1 Additional paving and pavement restoration for the following $ 136,933.40 + .$ ,26,855.90 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 $ 163,789.30 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of ~e City Cle~ August 24, 1988 File #60-27 Mr.. JoeI M. Schlanger Director of Finance Roanoke, Virginia Dear ;~ir'. Schlanger: I am attaching copy of Ordinance No. 29258, amending and reor- daining certain sections of the 19~8~89 Sewage Fund Appropriations, in the amount of $9,945.00, in connection with authorization of Change Order No. 1, in the total amount of $26,855.90, to the contract with Eo C. Pace Company, [nc., for' additianal work relating to the Norwood Sanitary Sewer replace- ment project, which Ordinance No. 29258 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 22, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Eric, pc: Mr. W. Robert Herbert, City Manager Mr'. Kit 8. Kiser, Director of Utilities and Operations ~lr.. William F. Clark, Directo~~ of Public Works Mr'. Charles M. ~luffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Room456 Munici~:x:llBulldlng 215(~urchA',~,,nue, S.W. Roano~e, Vlrg~nia2401'i (703) 98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of August, 1988. No. 29258. AN ORDINANCE to amend and reordain certain sections 1988-89 Sewage Fund Appropriations, and providing for an emergency. of the 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 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Capital Outlay Norwood Sanitary Sewer Replacement (1-2) ............ Revenue Accounts Receivable - Park Oak Grove (3) ............ Miscellaneous Revenue (4) ........................... Retained Earnings Retained Earnings Unrestricted (5) .................. 1) Appr. from General Revenue 2) Appr. from Third Party 3) Accts. Rec. - Park Oak Grove 4) Misc. Revenue 5) Retained Earnings Unrestricted (003-056-8430-9003) $ 9,945 (003-056-8430-9004) 3,218 003-1184) 3,218 003-020-1234-0917) (3,218) 003-3336) (9,945) $ 4,183,225 164,321 $ 3,218 3,218 $13,148,244 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Change Order No. 1 Norwood Sanitary Sewer Replacement Roanoke, Virginia August 22, 1988 II. I. Back~round: City Council received and publicly opened four (4) bids for the subject project on Monday, October 5, 1987 with E. C. Pace Company, Inc. submitting a low base bid in the amount of $136,933.40. B. Award of contract to E. C. Pace Company, Inc. in the amount of $136~933.40 was authorized by Council with Ordinance No. 28878 on Monday, November 16, 1987 with an additional con- tingency fund for the project in the amount of $13~693.34. C. One developer~ The Park-Oak Grove~ L.P. entered into agreement with the City of Roanoke to share in the cost of the subject project in the amount of 24.45% of the contract amount plus contingency amount. This amount, $36,798.11, was paid to the City of Roanoke by The Park-Oak Grove, L.P. Current Situation: Project is now complete with the exception of a final inspec- tion. Work performed on the project by E. C. Pace Company, Inc. has exceeded the contract amount by $26~855.90. Contract over-run is due to unforeseen difficulties encoun- tered during the late phases of this project directly related to paving and pavement restoration on Norwood Street. This additional work was necessary to meet critical engineering concerns and is explained in detail on the attached sheet labeled "explanation of over-runs". peveloper share of the cost over-rum, amounting to that por- tion which exceeds the already funded contingency, amounts to 24.45% of $13~162.56 or $3~218.25. This additional funding will be billed to the developer for reimbursement to the City. Page 2 E. Current funds status is as follows: 1. Original Contract Amount 2. Over-Run (Change Order No. 1) 3. Total Project Amount 4. Funds Left in Contingency 5. Funds Needed for Change Order No. 1 III. Issues in order of Importance: $136,933.40 26,855.90 $163,789.30 13~693.34 $13,162.56 A. Engineering concerns B. Funding IV. Alternatives are: A. Authorize the City Manager to execute Change Order No. 1 in the amount of ~26~855.90. Engineerin8 concerns have been met by additional work performed by E. C. Pace Company, Inc. in providing ade- quate and proper sub-base foundation support and wearing surface on Norwood Street. Fundin~ is available from the project contingency in the amount of ~13~693o34, from the Sewer Fund Retained Earnings in the amount of $9~944.31, and from Park-Oak Grove's share in the amount of ~3~218.25 giving a total amount of $26,855.90 for Change Order No. 1. Do not authorize the City Manager to execute Change Order No. 1 in the amount of .$26~855.90. ~nsineering concerns would still be met since proper and adequate sub-base support and wearing surface has already been provided on Norwood Street. Funding would still be an issue in providing other means of paying E. C. Pace Company, Inc. for the addi- tional work performed. Page 3 Recommendation is that City Council take the following action: A. Authorize the City Manager to execute Change Order No. 1 in the amount of $26~855.90 to pay E. C. Pace Company, Inc. for the additional-work performed and close out the project account. Appropriate ~9~944.31 from the Sewer Fund Retained Earnings to the project account number 003-056-8430. Establish an accounts receivable for the amount of $3~218o25 to be received from The Park-Oak Grove, L.P. and appropriate this amount to the project account. Expend $13,693.34 from the project contingency. The total of appropriations and con- tingency being $26,855.90 to cover Change Order No. 1. WRH/ES/mm Attachment: CC: Explanation of Over-Runs City Attorney Director of Finance Director of Utilities & Operations Director of Public Works City Engineer Construction Cost Technician Respectfully submitted, W. Robert Herbert City Manager EXPLANATION OF OVER-RUNS NORWOOD SANITARY SEWER REPLAC~-T o Sewer was constructed parallel to an existing 7 ft. x 4 ft. concrete box culvert running beneath Norwood Street and a portion of Westchester Avenue. The roadway surface is 8" above the top of the box and the pavement consists of 1-1/2" of paving on earth. Trench excavation for sewer averaged eight (8) feet wide. When trench was dug, traffic on the street caused the street to breakup due to the removal of support where the ditch was and the thin asphalt surface and earth base under it. Original project required that only the area of street over the trench was to be repaired. The deterioration of the street during construction made impossible to repair only what the project called for. 4. TOTAL JOB - DISTRIBUTION OVER-RUNS/UNDER-RUNS ITEM 12" PVC Pipe 8" Pipe Connections Rock Excavation Trench Stabilzation Aggregate Base Bit. Concrete Base Bit. Concrete Surface Select Backfill Sub-Totals Minus Under-Runs OVER UNDER $ 747.60 $3,420.00 450.00 1,092.74 600.00 2,280.84 17,837.47 13,094.76 $35,053.42 8~197.52 Change Order No. 1 $26,855.90 3~727.52 $8,197.52 The following over-run quantities were required to repair the street to a serviceable condition. Aggregate Base (Gravel) - 190.07 tons @ $12.00 Bituminous Concrete Base (B-3) - 364.03 tons @ $49.00 Bituminous Concrete Surface (S-5) - 267.24 tons @ $49.00 $ 2,280.84 17,837.47 ..13~094.76 TOTAL $33,213.07 Disturbed Area Repaired in addition to trench width. 1,245 feet long by 15 feet wide = 2,075 square yards. 33~210.07 Cost per square yard = 2,075 = $16.00/square yard. This is a reasonable unit price for this work. Neighborhood traffic concerns resulted in requiring the contractor to repave the entire street immediately upon completion of the project. This decision did, however, result in a contract over-run. Office of ~he Ci~, ~er~ August 24, 1988 File #27 ,~r. W. Robert Herbert City ,"Janager Roanoke, Virginia Dear ;W~,. Herbert: I am attaching copy of Ordinance No. 29261, approving the issuance of Change Order No. l, in the amount of $22,345.41, to the City's contract wi th Aaron J. Conne?., General Contractor, Inc., for the WiIiiamson Road Storm Drain Pl'oject, Phase Contract IIA, which O'~'dinance No. 29261 was adopted by the Council of the City of Roanoke at a regula;, meeting held on Monday August 22, 1988. ~'h~,, ~,~ ~.S i n c e " e l y ' /~L~._~ ~4ary F. Parker, CMC City CIer~ MFP: ~'a Eric. pc: Aaron J. Conner, General Cont,'actor, Inc., P. Roanoke, Vi;"ginia 24017 Mr. Wiiburn C. Dibiing, .Ii'., City Attorney Ms.. Joel M. Schlanger, Di~'ector of Finance Mr. William F. Clark, Director of Public Works M~'. Charles ~. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician O. Box 6068, P, oom456 MunicipalBuildlng 215(~urchA',~que, S.W. Roono~e,~rglnia24011 (70~)981-25at IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd day of August, 1988. No. 29261. VIRGINIA, AN ORDINANCE approving the City Manager's issuance of Change Order No. I to the City's contract with Aaron J. Conner, General Contractor, Inc., for Williamson Road Storm Drain Phase I, Con- tract IIA; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with Aaron J. Conner, General Contractor, Inc., dated October 5, 1987, related to Williamson Road Storm Drain Phase I, Contract IIA. changes in the work to be performed: 0~IGINIAL CONTRACT A~0UNT CONTRACT AMOUNT INCLUDING PR2VI09S-(HANGE O~DERS Sanitary Sewer adjust work on Kennedy Street, Sidewalk work on Collingswood Street, N.E. NET AMOUNT OF ~ANGE O~DER CO~2RACT A~OUNT INCLUDIk~G CK4NGE OSDER NO. 1 Such Change Order shall provide for the following $398,987.45 $398,987.45 $ 8,960.00 $ 13,385.41 .$ 22,345.41 $421,332,86 Time extension required as a result of this Change Order. No calendar days. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Or, ce c~ ~he Cir~ Clen~ August 24, 1988 File #60-27 Mr. Joel M. SchIanger Director of Finance Roanoke, Virginia Oear Mr. SchIanger: I am attaching copy of Ordinance No. 29260, amending and reor- daining certain sections of the 1988-89 Capital Fund Appropriations, providing for. the transfer of $3,096.00 in con- nection with authorization of Change Order No. i to the cont,'act with Aaron J. Conner, General Contractor, Inc., in an amount not to e;~ceed $22,345.41, with regard to WiIIiamson Road Storm Drain Project, Phase I, Contract IIA, which Ordinance No. 29260 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 22, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP: ~'a pc: Mr. W. Robert Herbert, City Manager M~.. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer. Ms. Sarah E. Fitton, Construction Cost Technician Room456 MuniclpalBuildlng 215¢DlurchAve~ue, S.W. Roanoke, Virg~nia24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of August, 1988. No. 29260. AN ORDINANCE to amend and reordain certain sections of 1988-89 Capital Fund Appropriations, and providing for an emergency. the 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 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: A_~riations Sanitation Williamson Road Storm Drain Construction (1) ......... Williamson Road Storm Drain Ph. I, Cont. IIA (2) ..... 1) Appr. from General Revenue (008-052-9552-9003) $(3,096) 2) Appr. from General Revenue (008-052-9589-9003) 3,096 $10,731,321 202,132 421,583 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Roanoke, Virginia August 22, 1988 Honorable Mayor and City Council Roanoke Virginia Dear Members of Council: Subject: Change Order No. 1 Williamson Road Storm Drain Phase I, Contract IIA II. I. Back,round A. ~ity Council received, publicly opened and read Seven (7) bids for the subject project on September 14, 1987. Low bid in the amount of ~398~987.45 was submitted by Aaron J. Conner, General Contractor, Inc. of Roanoke, Virginia. Aaron J. Conner~ General Contractor~ Inc. of Roanoke, Virginia was awarded a contract on October 5, 1987, in the amount of .$398~987.45 with a contingency in the amount of $19~250.00. Current Situation A. Aaron J. Conner~ General Contractor~ Inc. started construc- tion in November, 1987. During construction of the storm drain on Kennedy Street, N.E. there was an unexpected conflict with the existing sanitary Sewer system serving four (4) residences. This necessitated the replacement of 256 linear feet of 8" sanitary sewer line, two (2) manholes and a lateral to each residence at a total cost of .~8~960.00. On whole, the contract was not expected to overrun as a result of this additional work. Bo As construction continued along Collingswood Street, an over- sight in the construction plans was discovered. It seemed that new curb and gutter was required to convey stormwater runoff to the new storm drainage system. Installation of the curb and gutter left the existing sidewalk an average of 2.5 feet below it. In order to provide usable driveway entrances to four (4) affected residences, the sidewalk had to be replaced and the lawns had to be reshaped including installa- tion of two (2) tree wells at one (1) residence at a total cost of $13~385.41. This amount caused some overruns but again it was felt that anticipated underruns would more than offset these expenses. Page 2 Total of both essential construction items is ~22,345.41. With completion of the project, expected shortfalls in other contract quantities proved nonexistant and a funding short- fall of approximately $3,095.41 was realized.-' III. .Issues in order of importance are: A. Engineering concerns B. Funding IV. Alternatives are: Bo Authorize the City Manager to execute Change Order No. 1 in an amount not to exceed ~22~345.41 ($8,960.00 for the sani- tary Sewer adjustment on Kennedy Street, N.E. and ~13~385.41 for sidewalk on Collingswood Street, N.E.). 1. Engineerin8 concerns would be met that the construction items were required to complete the project. 2. Funding availability exists in the project contingency account and the Williamson Road Storm Drain Account. Do not authorize the City Manager to execute Change Order No. 1. Ensineerin~ concerns would still be met. The City would not have sufficient funds to pay the contractor for the completed work. 2. Fundin~ availability would not be an iSSUe. Recommendation is that City Council take the following action: A. Authorize the City Manager to execute Change Order No. 1, with Aaron J. Conner, General Contractor, Inc. in an amount not to exceed ~22~345.41 ($8~960.00 for the sanitary sewer adjustment on Kennedy Street, N.E. and $13~385.41 for sidewalk on Collingswood Street, N.E.). B. Appropriate $3~095.41 from the Williamson Road Storm Drain Construction Account No. 008-052-9552-9003 into the existing Wllliamson Road Storm Drain, Phase I, Contract IIA Account Number 008-052-9589-9065. Expend $19~250.00 from the project contingency. The total of appropriations and contingency being ~22,345.41 to cover Change Order No. 1. Page 3 WRH/VRD/mm CC: City Attorney Director of Finance Director of Public Works City Engineer Construction Cost Technician Respectfully submitted, W. Robert Herbert City Manager Office of the City Clerk August 24, 1988 File #236 Mr. W. RobePt Herbert City ~Ianager Roanoke, Vi?'ginia Dear M;.. Herbert: I am attaching copy of Resolution No. 29263, accepting a certain Community Development ~lock Grant offer made to the City by the United States Department of Housing and Urban Development for funds for Program Year 1988-89, in the amount of $1,486,000.00; autho;.izing execution of the City's acceptance of such grant and the agreement on behalf of the City to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto, which Resolution No. 29263 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 22, 1988. Since~.ely, ~,lary F. Parker, CMC City CIe;.k MFP: ra pc: Mr. lierbert D. McBride, Executive Director, Roanoke Redevelopment & Housing Authority, 2624 Salem Turnpike, ~. W.~ Roanoke, Virginia 24017 Mr. Joel M. Schlanger, Director. of Finance Mr. William F. Clark, Director. of Public Works Mr. Charles M. Huffine, City Engineer My'. Brian J. Wishneff~ Chief of Economic Development and Grants Mr. John R. Marlles~ Chief of Community Planning Mr. Ronald H~ Miller, Building Commissioner/Zoning Administrator Mr. James D. Ritchie, Director of Human Resources Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 2401 t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd day of August, 1988. No. 292~3. VIRGINIA, A RESOLUTION accepting a certain Community Development Block Grant offer made to the City by the United States Department of Housing and Urban Development for funds for Program Year 1988-1989; and authorizing execution of the City's acceptance of such grant and the agreement on behalf of the City to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer of the United States Department of Housing and Urban Development, under date of July 18, 1988, of a grant of Community Development Block.Grant funds for Program Year 1988-1989 amounting to $1,486,000, to fund certain com- munity development activities and projects set out and described in the City's application for said funding, upon all of the terms, pro- visions and conditions therein set out. 2. The City Manager or the Assistant City Manager are hereby authorized and directed, for and on behalf of the City, to execute the required Grant Agreement, Funding Approval, and any other forms required by the United States Department of Housing and Urban Development in order for the City to accept the aforesaid grant, upon all of the terms, conditions and requirements pertaining to the grant. ATTEST: City Clerk. Office of the City Clerk August 24, 1988 File #60-236 Mr. Joel M. SchIange~. Director of Finance Roanoke, Virginia Dear M~'. Schlanger: I am attaching copy of Ordinance No. 29262, amending and reo~.- daining certain sections of the 1988-89 Grant Fund App~opriations, providing for the appropriation of $2,154,083o00, in connection with acceptance of Corr~nunity Development Dlock Grant funds for P~*ogi*am Year 1988-89 from the United States Department of Housing and Urban Development, which Ordinance No. 29262 was adopted by the Council of the City of Roanoke at a ~'eguIar meeting heZd on Monday, August 22, 1988. /~ ~ ~. ~.._SincereIy, Mary F. Pai'ker, C~C City Clerk MFP: ;'a ~'n C · pc: Mr. W. Robert Herbert, City Manage~. Mr. Herbert D. McDi.ide, Executive Director, Roanoke Redevelopment & Housing Authority, 2624 Salem Tul.npike, ~. W., aoanoke, Virginia 24017 Mr. William F. Clark, Dii'ector of Public Woi'ks M~.. Charles ~. Huffine, City Engineer. Mi'. Brian J. Wishneff, Chief of ~conomic Development and ~rants ~r. John R. MarIies, Chief of Community Planning Mi.. RonaId H. Miller, Building Commissioner/Zoning Administrator Mr. James D. Ritchie, Director of Human Resources Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 215 C~urch Avenue, S.W. Roanc~e, Virginia 240t I (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of August, 1988. No. 29262.' AN ORDINANCE to amend and reordain certain sections of the 1988-89 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 Grant Fund Appro- priations be, and the same are hereby, amended and reordained, to read as follows, in part: ApDropriations Community Development Block Grant 1988-89 RRHA Admin (1-12) City Administration (13-21) ..................... Housing (22-30) ................................. Neighborhood Partnership (31-40) .................. Economic Development (41-44) ...................... Neighborhood CDBG Projects (45) ................... Emergency Assistance (46) .......................... Unprogrammed CDBG (47) ............................. Revenue $2,154,083 · . 398,715 · . 120,620 · . 530,439 122,562 914,828 20,000 33,000 13,919 Community Development Block Grant 1988-89 1) RRHA General Admin. (035-088-8810-5035) 2) Critical Home RePair Support (035-088-8810-5036) 3) Private Loan Support (035-088-8810-5037) 4) Private Subsidy Support (035-088-8810-5038) 5) Rental Rehab. Support (035-088-8810-5039) (48-53).. $2,154,083 $ 82,300 27,000 78,000 50,000 49,515 6) Section 312 Support 7) Housing Counseling 8) Phoenix Project Support 9) Deanwood fxpansion Support 10) Deanwood Addition Support 11) Henry St. Support 12) Shaffers Crossing 13) Travel/Educ. - Grants Compliance 14) Materials/Supplies - Housing 15) Materials - Grants Compliance 16) Travel/Educ./ Memberships (Hsg) 17) Consultant Srvcs. 18) Program Develop. 19) Personnel Services 20) Telephone 21) Management Srvcs. 22) Critical Home Repair - RRHA 23) Operation Paint- brush 24) Housing Marketing 25) Vacant Lot Home- steading 26) Private Loan Pro- gram (RRHA) 27) Demolition/Secure- ment 28) Private Loan Subsidy 29) Home Purchase Loan Program 035-088-8810-5040) 035-088-8810-5041) 035-088-8810-5042) 035-088-8810-5044) 035-088-8810-5045 035-088-8810-5046) 035-088-8810-5047~ 035-088-8815-5081 035-088-8815-5083 035-088-8815-5085 035-088-8815-5088 035-088-8815-5095 035-088-8815-5096) 3815-1002 035-088-8815-2020 035-088-8815-7015 035-088-8820-5101 035-088-8820-5102 035-088-8820-5103 035-088-8820-5104) 035-088-8820-5105) (035-088-8820-5108) (035-088-8820-5113) (035-088-8820-5115) 30) Pemsonnel Services (035-088-8820-1002) 31) Supplies/Telephone/ Printing (035-088-8825-5120) 32) Program Develop. (035-088-8825-5121) 33) Minigrants (035-088-8825-5122) 34) Travel and Educ. - Staff (035-088-8825-5123) 35) Travel and Educ. - Citizens 36) Equipment. 37) Main St. Coordina- tor (035-088-8825-5124) (035-088-8825-5090) (035-088-8825-5152) 17,100 15,000 5,000 10,200 10,200 30,600 23,800 2,000 1,200 4,500 1,500 12,000 10,498 82,322 3,000 3,600 135,000 25,000 12,000 12,000 40,000 15,000 160,000 90,000 41,439 9,000 2,000 10,000 2,500 1,800 3,500 5,000 38) NW Community Ser- vices 39) Neighborhood Marketing 40) Personnel Services 41) Deanwood Addition 42) Coke 108 Repayment 43) Shaffers Crossing 44) Deanwood/Shaffers 108 Repayment 45) Neighborhood Plans 46) Emergency Assis- tance Fund 47) Unprog. CDBG - Other 48) CDBG Entitlement Revenue 49) Parking Lot Income 50) Other RRHA Income 51) Cooper Lease Pmt. 52) Coke UDAG Repay- ment 53) Mkt. Bldg. Float Loan Interest (035-088-8825-5166 (035-088-8825-5167 (035-088-8825-1002 (035-088-8830-5157 035-088-8830-5139 035-088-8830-5145 035-088-8830-5146 035-088-8837-5163 035-088-8838-5158) (035-088-8840-5189) (035-035-1234-8901) (035-035-1234-8902) (035-035-1234-8903) (035-035-1234-8906) (035-035-1234-8910) 26,762 15,000 47,000 60,000 529,873 140,000 184,955 20,000 33,000 13,919 1,486,000 192,000 50,000 13,333 400,000 (035-035-1234-8921) 12,750 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Roanoke, Virginia August 22, 1988 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Acceptance of 1988-89 Community Development Block Grant (CDBG) Entitlement and Appropriation of Funds for CDBG Activities Background: City Council authorized filing ~ CDBG application to the Department of Housing and Urban Development (HUD) for FY 1988-89 on June 13, 1988 by Resolution No. 29149. HUD approval of the City's FY 1988-89 CDBG application was received in a letter dated July 18, 1988 (see Attachment A) Grant approval is for the amount requested by the City, or $1,486,000. This report includes $668,083 in expected CDBG program income from parking receipts, Housing Authority rehabilitation loan repayments, Cooper Industries land lease, Coca-Cola UDAG loan repayment and interest payment from Downtown Associates for a short-term loan. CDBG Entitlement Program Income Total Appropriation $1,486,000 $ 668t083 $2,154,083 II. Recommendation: Recommendation is that City Council: Adopt a resolution acceptinq the FY 1988-89 CDBG funds approved by HUD and authorizinq the City Manager to execute the requisite Grant Agreement, Funding Approval, and any other forms required'by HUD on behalf of the City in order to accept such funds; and B. Appropriate $2,154,083 to accounts to be established by Honorable Mayor and Members of City Council Page 2 the Director of Finance ($1,486,000 CDBG entitlement and $668,083 projected program income) as detailed in Attachment B. Respectfully submitted, · Robert Herbert City Manager attachments WRH/mtp CC: Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Resources Chief of Economic Development & Grants Chief of Community Planning City Engineer Building Commissioner Grants Monitoring Administrator Executive Director, RRHA U.S. Deperlment of Houalng and Urban DevMopmeet Richmond Office, Region Ill 701 East Franklin Street Richmond, Virginia 23219-2591 JUL !'3S8 Mr. W. Robert Herbert City Manager P.O. Box 1220 Roanoke, VA 24011 Dear I am pleased to transmit to you the Fiscal Year 1988 Community Development Block Grant (CDBG) for Roanoke in the amount of $1,486,000. The program year for Roanoke began on June I, 1988. Please note that the following condition has been included in the Grant Agreement: "Notwithstanding any other provisions of the Grant Agreement, any requirements of amendments to Title I of the Housing and Community Develop- ment Act of 1974 which supersede or are not provided for in the HUD program regulations shall govern the use of the assistance provided until revised regulations implementing such requirements are published for effect." Enclosed is the Grant Agreement and Funding Approval (HUD-7082, three copies), which constitutes the contract between the Department of Housing and Urban Development and the City of Roanoke. Please execute and return two copies of the Grant Agreement. You should note particularly any special conditions included in Item 13 of the Funding Approval. The special condition in your Grant Agreement and Funding Approval concerning the review procedures under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52 (see June 24, 1983 Federal Register~ pages 29206- 29221), restricts the obligation or expenditure of funds for the planning or construction of water or sewer facilities until the completion of the review process and receipt of written release of funds from HUD. Since you have not submitted your final statement for review under E.O. 12372, we assume you do not propose to use funds for activities subject for review. However, the condition requires that in the event you amend or otherwise revise your final statement to use funds for the planning or construction of water or sewer facilities, you must receive written release of funds from HUD before obligating or expending funds for such activities. You are reminded that certain activities ore subject to the provisions of 24 CFR Port 58 (Environmental Review Procedures for the Community Development Block Grant Program). Funds for such activities may not be obligated or expended unless the release of funds has been approved in writing by HUD. A request for the release of funds must be accompanied by an environmental certification. Appropriate forms are enclosed. You are also reminded that your Grantee Performance Report for the 1987 program year is due in this Office no later than August I, 1988. If I con be of further assistance to you, please call me. Should your staff need any technical advice, Ms. Alwyn Jennings at (804) 771-2853 will be happy to help them. Very sincerely~y.~ Manager Richmond Field Office Enclosures CC: Mrs. Marie Pontius Grants Monitoring Administrator Funding Approval Unde~ Title I of the Housing and Community 'D(,',elopment Act of 1974 (Public Law 93-383) AS Amended HI-OO515R City of Roanoke Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 U.S. Department of Housing end UIt)an De~P~lopment Community Development Block Grant Program Grant No. B-88-MC-51-0020 June 16, 1988 StadolProg~mYear June 1, 1988 All section refc~rG~¢e& below are to the Housing end Community Development Act of 1974, as emended, unless otherwise 7. Calegory of Community -~.v~;..,pl.i,..; alOek Grant for This Fund}rig Action indicated. (Check only one) a. w""f Entitlement (Sec. 106(b)) b, [] HUD Administered Small Cities (Sec. 106) {d) (2) (B) c, [] Secretary's Discretionary (Sec. 107) a. Amount of CDBG Funds Currently Reserved for this Grantee $ $ b Amount of CDBG Funds Now Being Approved for this Grantee $ $ c. Amount of Reservation to be Cancelled (Line 8a minus 8b) $ $ FY ~8 $ 1,486,000 $ 1,486,000 $ - 0 - HUD ACCOUNTING USE ONLY 1 4 9 12 13 14 16 18 23 30 38 41 45 50 54 60 61 65 70 74 79 a. Grant amount withheld for payment of principa~ and interest on loans guaranteed pursuant to Sec. 108 $ b. Grant amount deducted by HUD to settle outstanding Urban Renewal Loans (Sec. 112 (a){1)) $ c. Sum of lines 9a, and 9b $ d. Amount of CDBG Funds available for disbursement (Large 8b minus 9c) $ -$ $ $ FY FY 88 $ _ $ -0- $ 1,486,000 a. Amount of surplus U.R, Funds reserved for this grantee b, Amount of surplus U.R, Funds now being approved c. Balance of surplus U.R. Funds available for future use {Line lOa minus lob) $ $ $ -O- HUD-7082 (12-83) 24 CFR 570 Grant Agreement and Loan 'Guarantee Acceptance Provisions Grant Agreement U.S. Department of Housing and UH=an DeYelopment Community Development Block Grant Program This Grant Agreement is made by and between the Department of Housing and Urban Development (HUD) and Of Roanoke (the Grantee) pursuant to the authority of Title I of the Housing and C(~nu~t~Devel- opment Act of 1974 (Public Law 93-383), as amended. The Grantee's submissions for Title I assistance and the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), which are incorporated by reference, together with the HUD Funding Approval Form 7082 and any special conditions, which are hereto attached, constitute part of the Agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, HUD and the Grantee agree as follows: Subject to the provisions of this Grant Agreement, HUD will make the funding assistance for Fiscal Year 19 88 specified in the attached HUD Funding Approval Form 7082 available to the Grantee upon execution of the Agreement by the parties. The obligation and utilization of the funding assistance provided is subject to the requirements of the regulations and any special conditions set forth in the HUD Funding Approval Form 7082, including the requirement for a release of funds by HUD under the Environmental Review Procedures at 24 CFR Part 58 for any activities requiring such release. The Grantee agrees to comply with all applicable requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601) as specified in regulations issued by the Secretary and published in Part 42. 24 CFR The Grantee further agrees to assume all of the responsibilities for environmental review, decision making and actions, as specified and ,required in regulations issued by the Secretary pursuant to section 104(f) of the Act and published in 24 CFR Part 58. The Grantee further agrees to accept responsib y for adherence to the Agreement by subrecipient entities to which it makes funding assistance hereunder available. The Grantee By Title Date Loan G-&,-,,.'~ Acce~,-'--,~¢e Provisions (Use only for Section 108 Loan Guarantee Assistance to designated public agency) The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on with respect to grant number , as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pedaining to the assistance provided it. Name of Public Agency/Grantee Signature of Authorized Official Title Title HUD-7082.1 (12-83) 24 CFR 570 SPECIAL CONTRACT CONDITIONS Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs~ and HUD's implementing regulations at 24 CFR Part .52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. Notwithstanding any other provisions of the Grant Agreement~ any requirements of amendments to Title I of the Housing Community Development Act of 1974 which supersede or are not provided for in HUD program regulations shall govern the use of assistance provided until revised regulations implementing such requirements are published for effect. ATTACHMENT B Itemized Expenditures for CDBG Fiscal Year 1988-89 Funds Account No. Item Description Amount 035-088-8810-5035 8810-5036 8810-5037 8810-5038 8810-5039 8810-5040 8810-5041 8810-5042 8810-5044 8810-5045 8810-5046 8810-5047 RRHA General Admin (RRHA) Critical Home Repair Support Private Loan Support Private Subsidy Support Rental Rehab Support Section 312 Support Housing Counseling Phoenix Project Support Deanwood Expansion Support Deanwood Addition Support Henry Street Support Shaffer's Crossing $ 82,300 $ 27,000 $ 78,000 $ 50,000 $ 49,515 $ 17,100 $ 15,000 $ 5,000 $ 10,200 $ 10,200 $ 30,600 $ 23,800 035-088-8815-0000 5081 5083 5085 5088 5095 5096 1002 City CDBG Admin Travel/Educ-Grants Compliance Materials-Supplies (Housing) Materials (Grants Compliance) Travel/Educ/Memberships (Housg) Consultant Services Program Development (Grants Personnel Services Etc. 2020 Telephone 7015 Management Services $398,715 $ 2,000 1,200 4,500 1,500 12,000 Compl) 10,498 82,322* 3,000 3,600 Includes 2 grants monitors, 1 Includes combined City Admin ($24,104) $120,620'* housing development technician ($96,516) and Housing Dev. Admin 035-088-8820-0000 5101 5102 5103 5104 5105 5108 5111 Housing Critical Home Repair (RRHA) Operation Paintbrush Housing Marketing Vacant Lot Homesteading Private Loan Program (RRHA) Demolition/Securement Code Enforcement - Nonsalary $135,000 25,000 12,000 12,000 40,000 15,000 1 Account No. (Housing continued) 035-088-8820-5113 5115 1002 035-088-8825-0000 5120 5121 5122 5123 5124 5090 5152 5166 5167 1002 Item Description Private Loan Subsidy (RRHA) Home Purchase Loan Program Personnel Services Etc. Neighborhood Partnership Supplies/Telephone/Printing Program Development Mini Grants Travel and Education - Staff Travel and Education - Citizens Equipment Main Street Coordinator NW Community Services Neighborhood Marketing Personnel Services Etc. Amount 160,000 90,000 41,439 $530,439 9,000 2,000 10,000 2,500 1,800 3,500 $ 5,000 26,762 15,000 47,000 $122,562 035-088-8830-0000 5131 5157 5139 5145 5146 035-088-8837-0000 5163 Economic Development Deanwood Deanwood Addition Coca Cola Sec108 Repayment Shaffers Crossing (RRHA) Deanwd/Shaffers 108 Repayment Neighborhood CDBG Projects Neighborhood Plans 60,000 529,873 140,000 184,955 $914,828 $ 20,000 035-088-8838-0000 5158 Emergency Assistance Emergency Assistance Fund $ 33,000 035-088-8840-0000 5189 Unprogrammed CDBG FY89 Unprog CDBG - $ 13,919 $2,154,083 2 Sources of Fundin~ 035-035-1234-8901 8902 8903 8906 8907 8910 8921 CDBG Entitlement Parking Lot Income Other RRHA Income-Rehab Loan Pmts Lease payment - Cooper Industries Williamson Road Garage Income Coca Cola Section UDAG repayment Market Bldg Float Loan Interest $1,486,000 192,000 50,000 13,333 400,000 12,750 $2,154,083 3 Office of the City Clerk August 24, 1988 File #17~ Mr. W. ~lobe;,t ffe;,be~.t City !Janager Roanoke, Virginia Dea;, MP. Herbert: I am attaching copy of Ordinance No. 29264, accepting a Rental Rehabilitation P;'ogram Grant f~'om the United States Department of Housing and Urban Development, in the amount of $142,000.00; and autho~'izing execution of the requisite grant agreement and [IUD funding App,'oval For.m, which Ordinance No. 29264 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 22, 1988. Sincerely, ~~ ~4ary F. PaPker , CMC City Clerk MFP: ~'a Enco pc: Mr.. Her.be~t D. McFJi"ide, Executive Director, Roanoke Redevel oment & Housing Autho~.ity, 2624 Salem Turnpike, lq. W., aoanoke, Virginia 24017 Mr,. Wiiliam F. Cla~.k, Director of Public Works M;'. Honald If. Mi I let, 13ui lding Corr~nissione~./Zoning Administi'ator Mi'. H. Daniel Pollock, Housing Development Coo~'dinator Ms. Marie T. Po~ 'ius, Crants ~4onitoring Admini.~trator Room456 Munlcll:~alBuildlng 215Ci~urchAv~'~ue, S.W. Roonoke, Vkg~nla24011 (70~)98t-25dl IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd day of August, 1988. No. 29264. VIRGINIA, AN ORDINANCE accepting a Rental Rehabilitation Program Grant from the United States Department of Housing and Urban Development, autho- rizing the execution of the requisite grant agreement and HUD Funding Approval Form; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of a grant for Fiscal Year 1988 from the United States Department of Housing and Urban Development in the amount of $142,000 for rehabilitation subsidies for ration Program is ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite grant agreement with the United States Department of Housing and Urban Development and HUD Funding Approval Form in order to accept such grant from the said Department. 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. the City's Rental Rehabili- ATTEST: City Clerk. Roanoke, Virginia August 22, 1988 Honorable Mayor and Members of Council Roanoke, Virginia Bear Members of Council: Subject: Rental Rehabilitation Program - Execution of Grant Agreement with Dept. of Housing and Urban Development (HUD) I. Background Rental Rehabilitation Program has been a cooperative program among HUD, the City, and the Roanoke Redevelopment and Housing Authority (RRHA)~ to encourage rehabilitation of privately-owned rental property. B. HUD has provided two types of subsidies in the Program: Rehabilitation subsidies for property owners~ equal to a portion of rehabilitation costs. In the past~ these subsidies were loans that were forgiven after 10 years, i.e. they were not to be repaid· Rental subsidies for low-income tenants who may be displaced by the renovation and rent increases, so they may stay in the apartment. The tenants may use the subsidy to move elsewhere. One rent subsidy is allocated to Roanoke for each $7500 of Program allocation. Roanoke's allocations for the previous four years of the Rental Rehabilitation Program totalled $529,300 for rehabilitation subsidies. These allocations provided renovation to 109 dwelling units in 59 buildings at a total cost of approximately $1~735,000 (combined public and private funds). D. Allocations have included $120,000 in supplemental awards from HUD due to the local Program's success. An additional $50,000 in CDBG funds was committed to the Rental Rehab Program last fiscal year and has been carried over to this year in CDBG account 035-086-8620-5161. These funds are reserved for use in support of Code Enforcement activities. II. Current Situation: Rental Rehabilitation Program application for 1988 funds was submitted to HUD in May (Attachment A). The 1988 Program described in the application is based on obtaining additional funds from Virginia Housing Development Authority or other source, that could be loaned to property-owners on favorable terms. Page 2 August 22, i988 This design provides two primary benefits over the past design of the Rental Rehabilitation Program: Favorable terms on the supplemental part of the loan package to property-owners makes it feasible for the RRHA to require future repayment of that part of the loan package from HUD or CDBG funds. In 5 or 10 years~ the City wi]] receive these funds back to reuse for housing and other community development activities. Complete financing makes the Program more feasible for owners of ren- tal property who may have difficulty obtaining conventional financing to supplement the Program funding from HUD. Final arrangements for VHDA's supplemental financing of the Program have not been made, although the Board of Commissioners has approved it. When these details are completed, further action by Council will be required. D. City's application for HUD grant funds was approved by HUD in early Jul}, for $1q.2,000 of federal Program funds. HUD has asked the City to execute the grant agreement to accept these funds (Attachment III. Issues A. Impact on neighborhood revitalization B. Housing opportunities for disadvantaged citizens C. Cost to the City D. Timing IV. Alternatives Ao Authorize the City Manager to execute the Grant Agreement with HUD, accepting the 1988 Rental Rehabilitation Program funds in the amount of $142,000 (Attachment C), the Agreement to be approved as to form by the City Attorney. Any additional agreements required of the City for the Rental Rehabilitation Program will be presented separately for Council's consideration at the appropriate times. 1. Impact on neighborhood revitalization would be positive. The $1#2~000 allocation to Roanoke plus the $50,000 CDBG funds currently appropriated would support additional funds sought from VHDA or other sources. In ail, the Program should produce a total of more than $586,000 of rehabilitation. Approximately 20-25 substandard dwelling units will be renovated under this phase of the Program. In addi- tion, long-term revitalization would be enhanced by eventual repayment of these funds to the City for reuse (per II B I above). Page 3 August 22, 1988 In conjunction with the Program~ the RRHA will receive authorization for 19 additional rent subsidies for low income families, parti- cularly those living in substandard units to be remodeled through the Program. Cost to the City will be nothing. The Program grant is reserved by HUD for the City, and is drawn on by the RRHA as the administering agent, but does not actually come to the City or appear in its finances. No City matching funds are required. The City will bene- fit from higher values of rehabilitated buildings. Administration of the Program will be provided for by the contract for services between the RRHA and the City. Timing: Further delay in executing the agreement with HUD should be avoided. It may be several weeks yet before any agreements for supplemental funding from VHDA or other sources are prepared for Council consideration. No funds can be committed to projects until all financial and legal arrangements are in place. Do not authorize the execution of Grant Agreement with HUD for the 1988 Rental Rehabilitation Program. Direct the City Manager to rescind the application submitted. Impact on neighborhood revitalization would be negative. Twenty or more substandard rental units in 8 - 12 houses would continue to deteriorate, have a blighting effect on neighborhoods, and pose health and safety hazards. Housing opportunities for disadvantaged citizens would be hindered, in that low-income families would not receive rental assistance, and 20-25 fewer safe and sanitary units would be available for rent. Cost to the City would be increased due to lost tax revenue from the upgraded buildings, and to the staff attention required by substandard housing. Timing is such that HUD should be informed without further delay of the City's decision. If supplemental funding is not arranged to allow the HUD funds to be in the form of repayable loans, the program description approved by HUD will be amended. Recommendation is to adopt Alternative A, thereby authorizing the City Manager to execute the Grant Agreement with HUD accepting 1988 Rental Rehabilitation Program funds (Attachment B), to be approved as to form by the City Attorney. Page t~ August 22, 1988 WRH:HDP/hdp:Council. 3t~ Attachments (3) cc: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Executive Director, RRHA Respectfully submitted, W. Robert Herbert City Manager ATTACHmeNT A FEOERAL ASSISTANCE "~,~ o.. ..,. o~.,.~ - I ~ Office of the City Manager · .~,,o~ 215 Church Avenue SW "'~ Roanoke ..~ ~ ~" Ll14m']2 13 ~ ~ '.~ VA ~ 24011 ~o~s)~ ..~ .e.~a, Rehabilitation Program Federal funds to the City to subsidize rehabilitation of rental property to be principally occupied by low ~nc~e te.an~, m~ City of Roanoke, Vir-inia ....... I ~'~°~-I~- --- i' 142.000 ~j ~ 370,000 m i~.~s~ .... ~ ,~,~, ,. 88 8 ~) 18 I' 512,000 m) ~~ 701 East Franklin Street Richmond, VA 23219 rt Herbert er ~ NO, FW~AMll I~OT (:Ov~nt~ By E.O 12~?~ ["J Rental Rehabilitation Program Background Roanoke is a city of approximately 100,000 citizens housed in 42,500 dwelling units. Like most cities, Roanoke has had periods of rapid growth and of stability. The last 30 years has been a time of maturation for the City. Compared to the Roanoke metropolitan area, the City's housing stock is relatively old, more likely to be rental property, and more likely to be in need of repair. Two-thirds of all housing units in the City are more than 25 years old. Almost half are more than 45 years old. Vdith age comes the need for substantial repairs or renovations and more diligent preventive main- tenance. Because of the expense, many owners have deferred taking these measures, without which the houses have tended to deteriorate at an acce- lerating pace. The too frequent result of this can be seen in the figures for vacant housing units (about 2,600) and values of single-family houses (20% are assessed at less than $20,000; 7% at less than $10,000.) The City of Roanoke and the Roanoke Redevelopment and Housing Authority have administered a variety of neighborhood revitalization programs over recent years. Most of these programs and the funds allocated to them have been targeted toward the rehabilitation of owner-occupied houses in neigh- borhoods designated as Conservation Areas or Rehabilitation Districts under Virginia law. This concentration has begun to have a significant positive effect in these neighborhoods. However, a large proportion of the housing stock in the aforementioned areas is rental property (50%, compared to 39% City-wide), of which a sizable percentage are in fair to poor condition. The incentive for pri- vate investments to be made in owner-occupied homes in these neighborhoods is weakened by nearby rental units in disrepair. It is obvious that the upgrading of deteriorated rental property must be a critical element of overall neighborhood revitalization. Past and current programs for rehabilitation of rental property have con- sisted of Section 8/Moderate Rehabilitation and Substantial Rehabilitation/ Public Housing. While each of these programs has contributed to the improve- ment of housing stock, neither is designed to encourage a strong role by the private, unsubsidized rental market in neighborhood revitalization. Ihe Rental Rehabilitation Program described herein is designed to attract private investment while maintaining flexibility in an area's housing market, by the direct rehabilitation ol 20-22 rental housing units that may be occupied by lower income families. Indirectly, the improvement of these units will encourage maintenance and repair to other rental and owner- occupied buildings nearby. Rental Rehabilitation Program Page 2 A. Form of Rehabilitation Subsidy The City's Rental Rehabilitation Program will offer a complete financing package, blending Rental Rehabilitation PrOgram funds with loan funds made available by Virginia Housing Development Authority from the Virginia Housing Fund. Specifically, the arrangements will be as follows: 1. Rental Rehabilitation Program funds from HUD's program allocation will finance one-third of rehabilitation costs, up to the per-unit limits HUD allows. This supplement will be in the form of a deferred payment loan (DPL) with a balloon payment in either 5 or 10 years, depending on the financing option chosen by the applicant property-owner (3a and 3b below). 2. Loans from VHDA's Virginia Housing Fund will be used for the balance of the rehabilitation, and for purchase if one is involved, the financial figures allow, and the applicant wishes. 3. Loans from the Housing Fund will be made under two scenarios, at the option of the applicant: a) A 20-year amortization with a balloon payment after 5 years. The HUD Program funding would also have a balloon payment due in 5 years. b) A 10-year amortization. The HUD Program funding would have a 10-year balloon. Following is a comparison of these two arrangements for a typical duplex of 2-bedroom units, receiving $30,000 rehabilitation: Alternative A: 20-year amortization with a balloon payment in 5 years $20,000 loan from VHDA (a 7%, 20-year term $1§5/month $10,000 Program DPL~ J-year balloo, 0 Monthly payment for first § years ~l~/month After ~ years, refinance remaining principal of $17,260 + $10,000 from Program DPL to meet balloon payments (e.g. assume 13% for 10-year term = $¢07/month after 1st ~ years) Alternative I~: 10-year amortization; balloon payment on Program DPl. in 10 years $20,000 loan from VHDA 0 7%, 10-year term $232/month $10,000 Program DPL~ 10-year balloo, 0 ~0nthly payment for first 10 years ~232/month After 10 years, refinance 810,000 from Program DPL to meet balloon payment (e.g. assume 13~ for 5-year term = $22g/month after 1st 10 years) Rental Rehabilitation Program Page 3 Offering these two options will increase the flexibility of the Program to fit the personal investment objectives of the applicant, whether of maximum immediate cash flow or of equity appreciation. It also may increase the probability that the Program may be applied beneficially to a wider variety of properties. Of major importance to the City is the eventual return of Program funds for reuse, either in 5 or 10 years. General Conditions 1. Each unit subsidized must be located in an area designated as eli- gible for the Program (see Section IIC following). 2. Each unit subsidized under the Program must be substandard according to either Section 8 Housing Quality Standards (HQ5) or the City's Building Code. Minimum loan underwriting criteria will be established for pro- jects to be financed under the Program, relating to: --Loan-to-Value ratios --Income and cash flow --Personal financial condition of the applicant. Each unit subsidized under the Program must be renovated to at least Section g HQS and qualify for a Certificate of Occupancy from the City Building Department. As part of the rehabilitation, improvement of the exterior appearance of the building will be con- sidered a priority. Any unit rehabilitated under the Program must receive work costing at least $6,000. Each unit must be maintained at least to Section 8 HQ5 and Certificate of Occupancy standards for the term of the DPL, whether occupied by Section 8 tenants or not. No unit subsidized under the Program may be converted to a con- dominium or cooperative for the term of the DPL. There may be no discrimination against a prospective tenant because of receipt of or eligibility for housing assistance, or because of residence with a minor child, for the term of the DPL. Each property owner will agree to comply with applicable require- ments for nondiscrimination and "affirmative marketing" of units rehabilitated under the Program for the term of the DPL. Guide- lines and procedures for property-owners will be developed jointly by the City and the Roanoke Redevelopment and Housing Authority, to insure that each owner is aware of his/her obligations in this regard. (See Attachments to this Program Description.) Rental Rehabilitation Program Page 4 C. Areas of Eligibility The Rental Rehabilitation Program will be offered in the areas shown on the attached map, including the following neighborhoods: Gainsboro Conservation Area Gilmer Avenue Conservation Area Harrison Avenue Conservation Area Hurt Park Conservation Area Belmont Conservation Area Highland Park Conservation Area Loudon Avenue Rehabilitation District Melrose Rehabilitation District Fallon Park Rehabilitation District Morningside Rehabilitation District Kenwood Rehabilitation District Washington Park Neighborhood In general, each of these neighborhoods has a significant degree of housing deterioration, especially of rental property. The Rental Rehabilitation Program is expected to make a valuable contribution to the revitalization of these older neighborhoods. Each of these areas meets the criteria established by program regula- tions, as follows: Median incomes not exceeding 80% of median income for the Roanoke area. According to the 1980 census, the median household income in the Roanoke SMSA was $16,119, of which 80% was $12,895. The median income of each of these neighborhoods was below this figure and ranged from $6,51# to $11,750. Rents alfordable to lower income families. The 1980 Census reports that these neighborhoods had median contract rents between $78 and $136, compared to city-wide median of $150. Gross rents, including estimated costs of utilities, ranged from $155 to $200. At the same time, the Section 8 Fair Market Rents, including uti- lity allowances, were $265 for a two-bedroom unit, and $306 for a three-bedroom unit. At this time, the prevailing rents, with uti- lities, in these areas are in the $250-$400 range, with few beyond this range. Expected rent stability. While each of the eligible neighborhoods has experienced rehabilitation of some buildings in recent years, there is no evidence of significant "gentrification" or rapidly rising property values or rents, or displacement that might be associated. There are no known significant developments planned in any of these areas that would cause the rents to increase dramati- cally in the next five years. Rental Rehabilitation Program Page 5 D. Selection Criteria Program applicants satisfying the basic general conditions listed earlier will be selected competitively based on a number of con- siderations. The 100-point evaluation scale, outlined below, will give priority to projects involving lower income or very low income tenants, larger apartments, and small buildings. Evaluation Scale Factor Score Current Occupancy: Very low income families Lower income tenant Vacant Tenant not of lower income (20) 20 10 10 0 Size of Unit(s): Three bedrooms or more Two bedrooms One bedroom (15) 15 10 0 Number of Units in Building: Two to four units Single unit building Five to seven units (15) 15 5 0 Loan to Value Ratio (with rehabilitation financing): (15) 60% or less 15 61% - 85% 10 86% - 100% 0 Cash Flow--The proportion of debt service payments as a part of the projected feasible rental income (15) Less than 60% 15 60% - 70% 10 71% - g0?~ 0 General Desirability (considering impact on community revitalization, consistency with program goals, etc.) (20) 100 In some cases, the scoring of some factors will have to be "prorated." For example, a triplex with two two-bedroom units and one single bedroom unit would be rated 7 in the Size of Units category. Rental Rehabilitation Program Page 6 The Evaluation Scale will be applied as long as it is effective in meeting the requirements of program regulations. However, if it appears that some requirements will not be met, e.g. 70% of the units assisted being of two or more bedrooms, or that a high-rated application just is not suitable for the Program, application of the scale may be compromised to insure compliance with Program requirements and objectives. This scale will be applied to those applications received during the ini- tial application period and is based on the expectation that more applica- tions will be received than can be funded. If this does not prove to be the case, a minimum acceptable score will be established (e.g. a score of 50) and applications meeting or exceeding this minimum score will be pro- cessed and approved as they are received, consistent with the intent of the program. The Program design and use of the Evaluation Scale address several of the mandates of the Program, as follows: Lower income benefit: The Current Occupancy factor gives priority to units occupied by low or very low income tenants, or vacant units into which lower income tenants might locate after rehabilitation. In addition, this will be monitored through the processing of applications to insure maximum feasible benefit to lower income. However, it is expected that some buildings whose rehabilitation would be valuable to the community as well as low income tenants may also have some units occupied by tenants not of lower income. The displacement of such tenants is to be avoided in the interest of neighborhood stability as well as fairness to the individual. To deal with such instances of high priority to a neighborhood and to allow for unforeseeable circumstances~ the City requests reduction of the 100% lower income benefit standard to 70%. This request is pursuant to infor- mation and input received from resident organizations of affected neigh- borhoods, apartment owners, and agencies serving lower income clientele. (See also Section IV A.) Housing for families: The Size of Unit(s) factor gives heavy priority to projects with two, three, or more bedrooms. This item too will be moni- tored as applications are processed, to insure that at least 70% of rehabi- litation funds are used for large units. Characteristics of rental housing stock in the eligible neighborhoods indicate this standard will be met easily. Substandard units occupied by very low-income families: All units receiving assistance under the Program must be substandard. Those currently occupied by families of very low income are alforded greater weight by the Evaluation Scale (see "Lower income benefit" above in this section). Efficient use of Program funds~ The Program design will leverage at least two dollars of private funds for rehabilitation from the Virginia Housing Fund for every dollar of subsidy. In addition Program funds will revolve Rental Rehabilitation Program Page 7 back to the City for reuse in 5 or 10 years, depending on the financing option selected by the property-owner. The terms of the financing package (i.e. low interest rate on the bulk of the financing, deferred payment loan on the remainder) is expected to be attractive to investor owners. Financial feasibi]it),: Each DPL provided by the Program will be secured by a deed of trust on the property. The total of all indebtedness against the property, including the DPL, may not exceed 95% of the appraised after- rehab value. All approved projects must also show a positive cash flow with a margin for maintenance, vacancy loss and contingencies. Priority will be given to properties with lower loan-to-value ratios and more com- fortable cash flow margins, thereby showing stronger financial feasibility and greater incentive to the property owner to abide by the terms of the DPL (e.g. maintenance of the property to Section g standards). Each applicant will be counseled that the Program design is such that the feasibility of the rehabilitation must be based on market, unsubsidized rents, and that if projected cash flow is not sufficient without subsidized rents, the rehabilitation may not be feasible. Iii. Administrative Organization and Procedure.*.: The Rental Rehabilitation Program will be administered jointly by the City and the Roanoke Redevelopment and Housing Authority (RRNA). The RRHA has agreed to cooperate with the City in the administration of the Program, through the administration of the financing package as well as Housing Voucher and/or the Section 8 rent subsidies that may apply directly or indirectly to the Program. A program management team will be formed to include at least the following: H. Wesley White, Jr., Land Planning/Subsidized Housing Director Roanoke Redevelopment and Housing Authority P.O. Box 6359 Roanoke, Virginia 2t~017 703-953-920# Dan Pollock, Housing Development Coordinator Room 170, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 2#011 703-981-2221 RRHA Rehabilitation Inspector The program management team will be responsible for general program admi- nistration and assignment of specific tasks, including: Rental Rehabilitation Program Page 8 Program Publicity) Marketing, and Outreach: The principal point of contact for Program information will be the RRHA. Receipt and Initial Screening of Preliminary Proposals: Preliminary proposals will contain basic information about the project, such as location, number and size of units to be rehabilitated, general description and estimation of cost of repairs, current indebtedness that will remain on the property, projected rental income and expenses, characteristics of current occupants, etc. These basic proposals will be submitted to the RRHA, who will immediately review each upon its receipt to determine completeness and basic eligibility. Preliminary Property Inspection: The rehabilitation inspector will perform a cursory inspection of each unit proposed to be rehabilitated under the Program, to verify that the units are substandard and in need of repair. Prioritization: If sufficient proposals are received after advertise- ment of the Program to require competitive ranking, the program manage- ment team will apply the Evaluation Scale to determine which proposals appear to be best suited to the intent of the Program. If there are not enough eligible proposals to exhaust the funds allocated, the team will determine whether each proposal meets minimum requirements. Tentative commitments will be issued to those receiving the highest rankings or meeting minimum standards, contingent on verifications of information presented. The RRHA then will request the necessary finan- cial verifications and direct the applicant to obtain an appraisal of after-rehab value and a complete detailed set of plans, specifications, and contractor,s bids. Final Review and Selection: The program management team will review the application packages to verify the eligibility and feasibility of the project. This review will include the rehabilitation inspector verifying that the rehabilitation work specified in the proposal is appropriate and sufficient to meet Building Code and Section HQS stan- dards. When determined that the proposal meets the criteria for the Program, arrangements will be made to close the loans, escrow the reha- bilitation financing, and begin the rehabilitation. Rehabilitation: Arrangement for rehabilitation work to be performed will primarily be the responsibility of the applicant property owner. Periodic in-progress inspections will be made by the rehabilitation inspector, relative to compliance with the work write-up and work- manship standards, and by City building inspector(s), to assure compliance with code requirements. Final inspections will be performed by a Section 8 housing inspector (to verify compliance with Section 8 Housing Quality Standards), a City building inspector (to confirm Certificate of Occupancy quality), and the rehabilitation inspector. Rental Rehabilitation Program Page 9 Post-Rehabilitation Monitoring: Property owners will be asked to sub- mit brief periodic (probably quarterly) reports of the status of each project, especially concerning rents and tenants. Blank report forms will be sent by the RRHA to the owner for completion and return. [n addition) on at least an annual basis, a Section 8 housing inspector, rehabilitation inspector, or City building inspector will perform an on-site inspection to verify that each unit is maintained in accordance with the terms of the DPL. The Approval of Program funding Approval of Virginia Housing Fund allocation for Program Advertise for proposals Screen proposals and perform initial inspections Select first high priority projects per Evaluation Scale; request financial verifications, etc. Verifications received and first financing packages approved Hold first loan closings Begin first rehabilitation tentative timetable for the Program is as follows: by end of June by end of July by end of August by end of September by mid October by mid November by end of November December 1988 It is expected the Program subsidy funds will be committed to specified projects according to the following schedule: First Quarter (July ~ September 1988) 0 Second Quarter (October - December 1988) $ 50,000 Third Quarter (January - March 1989) 67~000 Fourth Quarter (April - June 1989) 25,000 $1#2,000 Rental Rehabilitation Program Page 10 IV. Certifications: A. Public Consultation: The proposed Rental Rehabilitation Program has been presented and discussed with representatives of resident organizations of neigh- borhoods affected, public and private non-profit agencies concerned with housing issues of lower income tenants, and organizations of ren- tal property owners, as well as many individuals. This Program design reflects concerns, attitudes, and expectations expressed from these quarters. Also as a result of these public consultations, the City requests reduction of the lower income benefit standard to 70%, in order to avoid displacement of tenants in otherwise high priority pro- jects, to provide for unexpected contingencies that cannot be foreseen in the rental property markets of eligible neighborhoods, and to allow for unexpectedly low rehabilitation expenses resulting in more units rehabilitated than Housing Vouchers or Section 8 certificates awarded. B. Nondiscrimination and Equal Opportunity: The City and the RRHA will provide detailed guidelines to applicant owners describing their obligations for fair housing practices. These may include procedures to notify the RRHA and other community or ser- vice agencies of vacancies, posting of Equal Housing Opportunity logo- type of premises, public advertisement of vacancies, etc. These requirements will be conditions of the deed of trust for the DPC. Evidence of compliance will be examined by the RRHA at least annually, at the time of on-site inspection. Violation of fair housing and non- discrimination provisions will be grounds for requiring payment of the DPL as specified in the deed of trust. C. Tenant Assistance Policy: All reasonable efforts will be made to avoid involuntary displacement of tenants due to rent increases, especially tenants of lower income. Tenants who would have to pay more than 30% of their adjusted income for rent after rehab will be offered rental assistance. In no case will a very low income family be displaced involuntarily by a tenant not of very low income. Any low-income tenant who is eligible for Section 8 or Housing Voucher assistance will be given preference for such assistance to stay in the renovated unit or to find adequate housing elsewhere. Each tenant in a unit to be rehabilitated under the Program will be counseled about the effect of the rehabilitation on him/her. The RRHA will insure that information is provided to all tenants, and individual counseling alforded to all those in jeopardy of being displaced invo- luntarily. This counseling will at least include descriptions of alternative housing opportunities, ways to search for suitable Rental Rehabilitation Program Page 1 1 alternative arrangements, and tenant rights under the Federal Fair Housing ]aw. Direct referrals to other apartments also may be made. No tenant offered decent, safe, and sanitary housing at an affordable rent (as defined in 20 CFR 511.10[hlrl]) will be considered to be displaced. Any tenant displaced involuntarily by the Rental Rehabilitation Program shall receive priority consideration for available Section 8 Certificates, Housing Vouchers and public housing units administered by the RRHA. D. Neighborhood Preservation: Rehabilitation of rental property without displacement of current resi- dents will enhance the preservation and revitalization of affected neighborhoods. The improvement of rental properties will supplement substantial investments made in owner-occupied homes over the last few years. Rehabilitation proposed in parts of the Hurt Park and Highland Park Conservation Areas designated the Southwest Historic District will be reviewed for sensitivity to historic preservation, in accordance with the Memorandum of Agreement with the Virginia Division of Historic Landmarks. E. Compliance with Applicable Regulations: Administration of the Rental Rehabilitation Program will comply with all applicable federal regulations and requirements, including but not limited to those concerning nondiscrimination and equal opportunity, as identified in 20 CFR 511.10(m). F. Authority to Apply: The City and the Roanoke Redevelopment and Housing Authority are legally authorized to develop and administer housing rehabilitation and rent subsidy programs within the City, such as this Rental Rehabilitation Program. RENTAL REHABILITATION PROGRAM EQUAL OPPORTUNITY AND NONDISCRIMINATION POLICIES AND GUIDELINES General Policy: It is the Policy of the City of Roanoke and the Roanoke Redevelopment and Housing Authority (RRHA) to administer the Rental Rehabilitation Program so that individuals of similar income have similar available housing choices, regardless of race, color, religion, sex, national origin, or handicap. Each property owner applying for participation in the Rental Rehabilitation Program shali agree to avoid any discrimination on the basis of race, color, religion, sex, national origin, or handicap, and shall agree to market their vacant rental units in good faith to inform and attract eligible tenants from all racial, ethnic, and gender groups. A. The RRHA shall give a copy of these Policies and Guidelines to the following: 1. Applicant property owners. 2. Current tenants and tenants applying to the RRHA for housing rehabilitated under the Program. Social service agencies, including Total Action Against Poverty (TAP), League of Older Americans (LOA), Legal Aid Society, and Roanoke Neighborhood Alliance. Resident organizations of affected/eligible neighborhoods. General public, upon request. In addition, all advertisements, press releases, information packages, application forms, and written communications prepared by the RRHA relative to the Rental Rehabilitation Program shall include the Equal Housing Opportunity logo or statement. If the participating property owner wishes, the RRHA shall refer holders of Section g certificates or housing vouchers to the rehabili- tated property for possible occupancy. As provided in 24 CFR 511.10(m)(2), to the extent rent-subsidized tenants occupy Rental Rehabilitation units, other affirmative marketing procedures will not be required of the property owner. For any occupancy other than by tenants holding rental subsidy authorizations, the property owner must follow the procedures established in Section C (infra). Other than as allowed in Section B (supra), each participating property owner shall seek to attract tenants regardless of race, color, reli- gion, sex, national origin, or handicap, of all minority and majority groups, especially those unlikely to apply without special outreach, to units vacant after rehabilitation or that later become vacant. These marketing efforts shall include, at a minimum, the following: Advertisement of any and ail vacancies in the Roanoke Times and World News and the Roanoke Tribune, such advertisement to include the Equal Housing Opportunity logo or statement· Such adver- tisements will specify that vacant units are available for, but not limited to, Section 8 tenants. Notification to the RRHA and TAP of any and all vacancies. This notice will be forwarded by the RRHA to other service agencies and organizations. The RRHA may notify people on the Section 8, Housing Voucher, and public housing waiting lists of the vacancy. 3. Posting of Equal Housing Opportunity poster, provided by the RRHA, on vacant premises and rental offices, if existing. Documentation: Each participating property owner shall document affir= mative marketing, such records to include the following: 1. Copies of all advertisements, notices, and other outreach for all vacancies. 2. A log of all contacts with potential tenants, including race, sex, approximate age, and reasons for not accepting as tenants. Quarterly reports to the RRHA, in a format provided by the RRHA, regarding the occupancy of all assisted units and marketing activities for any vacancies. The RRHA shall keep records including the following: 1. A log of vacancies reported by owners. 2. Copies or other evidence of notices regarding the Program and vacancies sent to agencies and/or organizations by the RRHA. 3. A log of referrals made to vacant units, including race, sex, and approximate age. Copies of advertisements placed by owners. 5. Records of characteristics of tenants occupying units, including race, sex, and approximate age. Assessment: The RRHA shall use the quarterly reports filed by property owners to verify compliance with affirmative marketing and Equal Housing Opportunity requirements. In addition, the RRHA and/or the City may make other periodic inspections of the property owner's records concerning tenants and marketing activities, or ask for other information about the same. Violations: Failure to comply with Equal Opportunity, Nondiscrimina- tion, or Affirmative Marketing requirements will result in a written notice from the RRHA to the property owner that specific provisions of the Deed of Trust between the two parties have been violated, defining what corrective actions, if any, are to be taken, and advising that further violations or failure to take the prescribed actions may require repayment of the Deferred Payment Loan and/or other financing provided. ATTACHMENT B U.S. Department of Housing and Urban Development Richmond Office, Region ]~l 701 East Franklin Street Richmond, Virginia 23219-2591 Mr. W. Robert Herbert City Manager City of Roanoke P. O. Box 1220 Roanoke, VA 240~1 Dear We are pleased to inform you of the approval of your 1988 Rental Rehabilitation Program Description. You are now authorized to receive $142,000 in Rental Rehabilitation funds for your program activities. This obligation, of course, is subject to your execution of the Grant Agreement and compliance with other applicable requirements for use of the funds. Three copies of the Funding Approval Form (HUD-40015) and the Grant Agreement (HUD-40015.1) are enclosed for your signature. Please sign each copy and return two of them to our Office. If I can be of further assistance to you, please call me. Should your staff need any technical advice, Mr. keroy Brown at 804/771-2853 will be happy to help them. Very sincerely yours, G. William Thomas, Jr. Manager Richmond Field Office Enclosures Fu6ding Approval Rental Rehabilitation Program U.S. Oepertment of Housing and Urban Development Community Planning and Development HI-00527R Under Section 17 of The United States Housing Act of 1937 (42 U.S.C. 1437o) t. Name of Grantee 2. Grant No. CITY OF ROANOKE R-88-MC-51-0207 3. Grantee's Address 4. HUD Geographic Locator Code NO. 03-36-5].-760 P. O. Box 1220 Roanoke, VA 24011 6. ~ Original Funding Approval --~ Amendment (No.) 5. a) Date of HUD Receipt of Program Description b) Date Grantee Notified of Approval c) Fiscal Year 1988 s/19/88 7. Category of Rental Rehabilitation Program Grant for this Funding Action (Check Only One) a. Direct Formula Grantee ;j~ City over 50,000 r~ Urban County [] Co~sorlJum b. [] State Grantee c. [] HUD-Administered Rental Rehabilitation Program Small City Grantee d. [] HUD-Administered City Grantee 8. Amount of Rental Rehabilitation Program (RRP) Grant F'Y: g~ FY: a. Amount of RRP funds previously obligated for this grantee 0 b. Amount of RRP funds currently being obligated for this grantee $1 4 2 · 0 0 0 c. Amount of RRP funds currently being deobligated for this grantee d, New total of RRP funds now obligated for this grantee Special conditions (Check applicable box) a. --~Not applicable b. [] Attached OFFICE JUL i 88 HUD.40015(11-84) 24 CFR Part 511 Instructions for Completing the Funding Approval Form and Grant Agreement This ?~rm and the Grant Agreement should be filled out in six (6) copies. One (1) copy should be held for informational purposes, one (1) copy should be sent to the PAD one (1) copy should be sent to the Regional CPO Division, and three (3) copies should be transmitted to the grantee for signature. The grantee should be requested to keep one (1) for its records and to return two (2) signed original copies to the Field Office. One (1) of the signed original copies should be sent to the RAD and one (1) kept for the CPD office file. Funding Approval Form 7. Check the appropriate box. Block No. 1. Enter the Grantee's name as shown in Item 4 of Standard Form 424. 2. Enter the number shown in item 30 of Standard Form 424, and indicate the Fiscal Year for which the funding is to be made. (See the memorandum dated 7/10/84, which establishes the system for assigning Grant numbers.) 3. Enter the Grantee's complete address as shown Item 4 of Standard Form 424. 4. Enter the appropriate HUD Geographic Locator Code available from the Geographic Codes System Directory (See computer print-out-D-71AAC). 5. a. Enter the month, day and year that the submission was received. b. Enter the date that the grantee is notified of funding approval. This will be the date appearing on the letter transmitting the HUD Form 40015 to the grantee and is considered the point of obligation for accounting purposes. c. Enter the appropriate fiscal year for the source of funds involved. 6. Check the appropriate box. Check "Original Funding Approval" for the first funding approval form executed under the grant number shown In Block No. 2. This is the Funding Approval for the formula allocation. Check "Amendment" for subsequent Funding Approval forms executed under the same grant number. Number amendments under the grant number consecutively starting with "1". Amendments may be for the purpose of reallocating funds or for the purpose of deobligating funds. 8. Fill out the correct fiscal year(s). In filling out this section, be sure to enter the amounts of funds previously obligated, currently being obligated or deobligated, and the new totals under the correct fiscal year for the soume of funds. For example, in Fiscal Year 1985, funds may be deobligated from a grantee's 1984 grant or additional funds may be obligated for the grantee from 1984 funds. Such obligations/deobligations would be shown under a Fiscal Year 1984 column not under 1985. a. If this is the funding approval form for the grantee's formula amount for the fiscal year, this line will be blank. If this is a funding approval form for the purpose of reallocating or deobligating funds, enter the amount from line d of the previous funding form. b. Enter the amount of funds now being obligated for the grantee. If this is the funding approval form for the grantee's formula amount for this fiscal year, enter that amount. If this is a reallocation of funds enter the amount of funds being reallocated. ¢. Enter the amount of funds being deobligated (-) for the grantee. d. Enter the new total of funds currently obligated for the grantee. 9. Add Special conditions, if applicable. Grant Agreement 1. Fill in the name of the Grantee in the first paragraph. 2. Fill in the appropriate Fiscal Year in sub-paragraph 1 of the second paragraph. Gr~nt Agreement U.S. Department of Housing and Urban Development Office of Community Planning and Development This Grant Agreement is made by and between the Department of Housing and Urban Development (HUD) and THE CITY OF ROANOKE (the Grantee) pursuant to the authority of Section 17 of the United States Housing Act of 1937 (42 USC 1437o). The Grantee's approved Program Description and the HUD regulations at 24 CFR Part 511 (as now in effect and as may be amended from time to time), which are incorporated by reference, together with the HUD Funding Approval Form 40015 and any special conditions, which are hereto attached, constitute part of this Agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, HUD and the Grantee agree as follows: 1. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance for Fiscal Year 19 specified in the attached HUD Funding Approval Form 40015 available to the Grantee upon execution of the Agreement by the parties. 2. The obligation and utilization of the funding assistance provided is subject to the requirements of the regulations and any special conditions set forth in the HUD Funding Approval Form 40015, including the requirement for a release of funds by HUD under the Environmental Review Procedures at 24 CFR Part 58 for any activities requiring such release. HUD's payment of funds under this Grant is also subject to the Grantee's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 511.74. To the extent authorized by the HUD regulations at 24 CFR Part 511.33 and 511.82, HUD may, by its execution of an amendment to the HUD Funding Approval Form 40015 deobltgate funds previously awarded to the grantee without the Grantee's execution of such form or other consent. Such a deobligation of Rental Rehabilitation Program grant funds may also cause a recapture of a commensurate amount of Section 8 Existing Certificate or voucher contract authority. 5. The Grantee further agrees to accept responsibility for adherence to the Agreement by subrecipient entities and property owners to which it makes funding assistance hereunder available. For: U.S. Dep~.rtm~nt of~lJ$lng/~/Ul~an DeTlopment G · IAM THOMAS, ~ MANAGER, For: G~t'nt ee By. f / Title: RICHMOND FIELD OFF I~CE Date: 5 Date: HUD-40015.t (1144) CFR Part 511 Or, ce of the City Cler~ August 24, 1988 File #175-236~488 Mr. ~V. Robert Herbert City Manager Roanoke, Virginia Dear ~r. Herbert: I am attaching copy of Ordinance No. 29266, authorizing execution of an Agreement with Old Southwest, Inc., extending a loan to said corporation, in the total amount of $12,000.00, for' the purchase and rehabilitation of a house located at 657 Day Avenue, S. W.; authorizing the City Attorney and Director of Finance to serve as trustees with respect to the deed of trust securing the loan made pursuant to the aforesaid Agreement; and authorizing the execution of a certificate of satisfaction, which Ordinance No. 29266 was adopted by the Council of the City of ~oanoke at a regular meeting held on Monday, August 22, 1988. Sincerely, Mary Fo Parker, CMC City Clerk MFP: ra Eric. Dan Frei, President, Old Southwest, [nc., Street, S. W., Roanoke, Virginia 24016 Ms. Patsy Testerman, Clerk of the Circuit Court Mr. Wilburn C. Dibling, J~,., City Attorney Mr. Joel ~. Schlanger~ Director of Finance Mr. William F. Clark, Director of Public Works Mr. John R. Ma;'Iles, Chief of Community Pian,~ing Ms. Marie T. Pontius, Grants Monitoring Administrator 1402 Th i Roo~n 456 Municipol Building 2t5 Church Avenue, S.W. Roanoke. 'virg,nia 2401 '~ (703) 981-2541 Office of the City Cle~ September 26, 1988 File #178-236-488 Mr. Alex N. Apostolou Attorney P. O. Box 180 Roanoke, Virginia 24002 Dear ~r. Apostolou: Pursuant to your request, I am enclosing copy of Ordinance No. 29266, authorizing e~ecution of an Agreement with Old Southwest, Inc., extending a loan to said corporation, in the total amount of $12,000.00, for the purchase and rehabilitation of a house located at 657 Day Avenue, S. W.; authorizing the City Attorney and Director of Finance to serve as trustees with respect to the deed of trust securing the loan made purs~iant to the aforesaid Agreement; and authorizing the e~ecution of a certificate of satisfaction, which Ordinance No. 29266 was 'adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 22, 1988. MFP:ra Eric. Sincerely, ~ary F. Parker, CMC City Clerk Room 456 Municipal BuilOing 215 CJhurch Avenue SW Roanoke ~]rg~nia 24011 (703) 98%2541 IN THE COUNC'IL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of August, 1988. No. 29266. AN ORDINANCE authorizing the City Manager to execute an Agree- ment with Old Southwest, Inc., extending a loan to said corporation; authorizing the City Attorney and Director of Finance to serve as trustees with respect to the deed of trust securing the loan made pursuant to the aforesaid Agreement~ authorizing the City Manager to execute a certificate of satisfaction; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized for and on behalf of the City to make a loan of CDBG funds in the total amount of $12,000.00 to Old Southwest, Inc., for the purposes described and set out in a report to Council dated August 22, 1988, relative to the purchase and rehabilitation of a house at 2. The City Manager or authorized, for and on behalf 657 Day Avenue. the Assistant City Manager is hereby of the City, to execute an Agreement, and other appropriate documents, with Old Southwest, Inc., pertaining to the terms and conditions of the aforesaid loan as described and set out in the City Manager's report to Council dated August 22, 1988, such Agreement to be approved as to form by the City Attorney. 3. To secure payment of the aforesaid loan of CDBG funds, Old Southwest, Inc., shall execute a deed of trust and deed of trust note on the property for which the loan ls made, which documents shall be approved as to form by the City Attorney. 4. Wilburn C. Dibiing, Jr., City Attorney, and Joel M. Schlanger. Director of Finance, (hereinafter "Trustees") are hereby authorized to serve as Trustees for and on behalf of the City as beneficiary of the deed of trust securing the loan with respect to the property at 657 Day Avenue. 5. Pursuant to $26-49, Code of Virginia (1950), Council reserves the soever 6. deed of right in its sole discretion for to appoint a substitute trustee or trustees. Upon payment or full satisfaction of the debt trust and delivery of the cancelled deed of trust note to as amended, City any reason what- secured by the 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 ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Cle~ August 24, 1988 File #60-178~236-488 ,~r. Joel M. SchIanger Director of Finance Roanoke, Vi~ginia Dea~,· M;'. Schlanger: I am attaching copy of Ordinance No. 29265, amending and reor- daining certain sections of the 1988-89 Grant Fund Appropriations, providing for the transfer of $12,000.00 in con- nection with a grant agreement with Old Southwest, Inc., for the purchase and rehabilitation of a house located at 657 Day Avenue, S. W., which Ordinance No. 29265 was adopted by the Council of the City of Roanoke at a ~.egulat· meeting held on Monday, 4ugust 22, 1988. Sincerely, Mary F. Parker~ CMC City Clerk MFP: ra pc; ~r. lq. Robert Herbert, City Manager M'~.. William F. Cla~.k, Directoz, of Public Wor~s M;,'. John R. MarIles, Chief of Community Planning Ms. Ma~'ie T. Pontius, ~rants ~onitoring Administrator Room456 MunlclpalBulldlng 2150nurc:hAve~ue, S.W. Roanc~e, Vtrg~ta24011 (703)98t-2541 O~ce of ~he Ci~/CIe~ September 26, 1988 File #60-178-236-488 Mr. Alex N. Apostolou Attorney P. O. ~ox 180 Roanoke, Virginia 24002 Dear Mr. Apostolou: Pursuant to your request, I am enclosing copy of Ordinance No. 29265, amending and reordaining certain sections of the 1988-89 Grant Fund Appropriations, providing for the transfer of $12,000.00, in connection with a grant agreement with Old Southwest, inc., for the purchase and rehabilitation of a house located at 657 Day Avenue, S. W., which Ordinance No. 29265, was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 22, 1988. Sincerely, Mary F. Parke,, CMC City Clerk MFP:ra Enc. R4x~m 456 /V~nicipal' BuJldin~l 215 Church Avenue S W Roanoke ~rg~nia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of August, 1988. No. 29265. AN ORDINANCE to amend and reordain certain sections of the 1988-89 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE Roanoke that certain IT ORDAINED by the Council of the City of sections of the 1988-89 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Community Development Block Grant FY89 Housing (1) .......................................... Unprogrammed CDBG (2) ................................ 1) Old Southwest Rehabilitation (035-088-8820-5159) $ 12,000 2) Unprogrammed CDBG (035-088-8840-5187) (12,000) $ 12,500 12,000 500 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Honorable Mayor Noel C. Roanoke, Virginia Taylor, and City Council Roanoke, Virginia August 22, 1988 Dear Members of Council: SUBJECT: REQUEST TOPROVIDE GRANT FUNDS TO OLDSOUTHWEST, INC. FOR IMPLEMENTATION OF A NEIGHBORHOOD HOUSING DEVELOPMENT PROJECT I. BACKGROUND City Council aDDroved implementation of the Roanoke Neighborhood Partnership - Neighborhood Development Grant Program, to provide assistance to neighborhood organizations in undertaking major community projects, as part of the 1985-86 Community Development Block Grant (CDBG) on May 13, 1985, by Resolution No. 27559. Council authorized additional funding within the FY 1986-87 CDBG program on April 14, 1986, by Resolution No. 28091. Roanoke Neighborhood Partnership awarded grants in January, 1986 to: 1. Old Southwest, Inc. to purchase a vacant lot on the corner of 5th Street and Highland Avenue. ($4,700) 2. Northwest Neighborhood Environmental Organization (NNEO) to purchase and rehabilitate 712 Gilmer Avenue. ($9,300) Grant was subsequently amended to be used for moving and rehabilitation of Shadeland house to 706 Gilmer Avenue. Council aDDroved City Manager and Partnership recommendation on July 27, 1987 of a short-term loan to NNEO of $12,500 to complete rehabilitation of 706 Gilmer. II. CURRENT SITUATION A. NNEO has completed work on 706 Gilmer, house has been sold, and funds have been returned to City as CDBG program income. Old Southwest, Inc. has submitted a proposal to use $12,000 in neighborhood development grant fun~s to purchase and rehabili- tate a house at 657 Day Avenue. (See Attachment A) Roanoke Neighborhood Partnership (RNP) Steering Committee reviewed the proposal and recommends funding for the following reasons: De Rehabilitation of this structure would stimulate the development of affordable housing in the immediate area. This portion of Southwest is no longer targeted by rental programs administered by the Roanoke Redevelopment and Housing Authority. Old Southwest would provide matching funds for this grant totalling approximately $35,000 by obtaining a construction loan, then transfer to conventional financing when project is completed. III. ISSUES A. Impact on Neighborhood. B. Timing. C. Funding. D. HUD/CDBG Requirements. IV. ALTERNATIVES A. Authorize the City Manager to execute a grant agreement with Old Southwest, Inc. in the amount of $12,000 for purchase and rehabilitation of a house at 657 Day Avenue; authorize the City Attorney and the Director of Finance to serve as trustees of requisite Deed of Trust in the grant; and authorize Director of Finance to transfer funds to the appropriate account. Impact on the neighborhood will be significant as this project will assist in the rehabilitation of a substandard housing unit and provide affordable housing for low to moderate income persons. Timin~ i__s important since purchase of the house is dependent upon funding through the Neighborhood Development Grant Program. 3. Funding is available in unprogrammed CDBG Account No. 035-088-8840-5187. HUD/CDBG requirements will be met. The project has been approved as eligible for CD~ funding by the City's Grants Monitoring Administrator. Do not authorize the City Manager to execute a grant agreement with Old Southwest, Inc. 1. Impact on the neighborhood could be negative; an opportunity to reduce the number of substandard housing units would be lost. 2. Timing would remain important since the option to purchase the house would expire. 3. Fundin~ would pot be an issue. 4. HUD/CDBG requirements would not b__e an issue. RECOMMENDATION It is recommended that City Council concur with Alternative A which will approve the following: Authorize the City Manager to execute a grant agreement with Old Southwest, Inc. an the amount of $12,000 for the purchase and rehabilitation of a house at 657 Day Avenue. Authorize the City Attorney and the Director of Finance to serve as trustees of requisite Deed of Trust in the grant made to Old Southwest, Inc. Authorize Director of Finance to transfer $12,000 from Account No. 035-088-8840-5187 to a new account to be established in the Grant Fund. Respectfully submitted, W. Robert Herbert City Manager WRH:vlp cc: City Attorney Director of Finance Director of Public Works Chief of Community Planning Grants Monitoring Administrator Old Southwest. Inc 641 Walnut Ave. S W Roanoke, VA 24016 Attachment PRELIMINARY PROJECT 657 DAY AVE. ROANOKE, VA. PLAN It is the desire of Old Southwest, Inc., in cooperation with the City of Roanoke, to purchase and rehabilitate a property in the Historic District. The property is presently boarded up and in moderately poor condition. Included in this package is: 1 - Letter of best opinion estimate from Don Cass of Architectural Inspections, Inc. of what it will approximately cost to re-hab the property into two rental units. He has made several on site inspections of the property and his preliminary drawings are enclosed. 2 - Letter of interest from Mr. Larry Hurt, Assistant Vice President, Sovran Bank. He would be the person who would issue construction financing. 3 - Agreement to purchase between Old Southwest, Inc. and Alexander Apostolou. Mr. Apostolou has generously offered to forgive $1,000.00 of the owner held debt as a gift to Old Southwest, Inc. 4 - Purchase - cost - net estimate of the project. By vote of the Membership on February 18, 1988, at the regular General Membership Meeting of Old Southwest, Inc., The board of directors has been empowered to pursue this project. We feel strongly that, with the help of the City of Roanoke, this project will become a high profile demonstration of not only historic preservation, but of economically feasible quality restor- ation. Donald L. Cass King George Properties 3212 Mud Lick Road, SW Roanoke, Virginia 24018 February 17, 1988 Mr. Dan Frei President Old Southwest, Inc. 1402 Third Street, S.W. Roanoke, Virginia 24016 Dear Mr. Frei: Here are rough plans for the project at Day Avenue/ 8th Street we discussed on February 3, 1988. I feel that a total renovation can be done for a maximum of $35-40,000. There is a possibility that, with some volunteer help and if some parts of existing systems can be saved, we could do it for considerably less. There are also some specifications that I have assumed may not be necessary. The house is, in my opinion~ an excellent choice for your demonstration purposes. It would be an impressive transformation and, given the location, a motivation for the nearby property owners. Please let me know if I can'be of further help. Donald L. Cass DLCJr:dc Attachment: P.O. Ba~ 4655 ';03/772-0653 i~g~k~, VA 2401~ February 19, 1988 Mr. Dan Frei, President Old Southwest, Inc. 641 Walnut Avenue, S. W. Roanoke, VA 24016 Dear Mr. Frei: Addison Winston and I were pleased to meet with you and learn more about Old Southwest, Inc. Your hopes of purchasing and renovating a home in Old Southwest are con~nendable. The project is interesting to us, and we would like an opportunity to review a request for financing when you complete your plans and specifications. We wish you the best of luck and look forward to hearing from you. issis~ ~wlce Presideu~ LJH/gg -~FFER TO PURCHASE AGREEMr.,4T This AGREEMENT made as of Februar~ 20th among_ 01d Southwest,, Inc, , 19 88 and Alexa der N. ), os%olou (herein called "P - ,, urcnaser ), (herein called "Seller"), provides that Purchaser agrees to buy, and Seller agrees to sell the following described real estate, and all improve- ments thereon, located in the City/~v~v~,~. of Roanoke in the State of_ Vir!~inia and described as follows, to wit: Lot21 Block 2 P&M Ma Cit of Roanoke T M 1 202 and more commonly known as _ / / 6~7 Day Avenue SW (street address). ;, 1. The p~urchase price of the prope is' e/---~c2~---l~ !' ;'~' ~/-Fourteen T~ousand Dollars (D°lla~$~ ~1~07~'f ..... ), and such price sha be paid as follows: ' Selle at closin Se N t 1. Purchaser has made a deposit of $ ~0.00 and such with Seller, receipt of which is hereby acknowledged, deposit shall be held by seller until the date of settlement and then applied to the purchase price, or returned to the Purchaser if the title to the property is not marketable. 3. Seller does hereby sell and agrees to grant and convey unto the Purchaser by Warranty Deed with the usual covenants of title and free and clear from all encumbrances, tenancies, liens, except as may be otherwise provided above, but subject to applicable restrictive covenants of record. Seller further agrees to deliver possession of the property to Purchaser on the date of settlement and to pay the expense of preparing the deed of conveyance. 4. This contract is made subject to the Purchaser obtaining~l~l]~]~{l~j~~A~F..~ and Purchaser agrees to make every effort'to secure said loan. ' 5. All taxes, rents, interest, and insurance t° be prorated asofdateof actual settlement which isto beon or before Anril l~th .19 88 6. All risk of loss or damage to the property by fire or other casualty is assumed by seller until the date of settle- ment. 7. This contract is further made subject to: _. Apnroval of construction loan financing, aonrov8 I to be secured b_z_~ri1 1st. 8. Purchaser represents that a satisfactory inspection has been made of the property and agrees to accept the property in its present condition-except as may be otherwise provided above. 9. This Contract of Purchase constitutes the entire agreement among the parties and the said parties hereby bind themselves, their heirs, executors and administrators for the faithful performance of the above agreement within ~ days from date of contract. 10. Seller to prepar~ Deed and pay Grantor,s WIT~NESS th~-~e lowing signat~r, es and seals: tax. Selt®r (SEAL) Purchaser Pres, (SEAL) O.S .W., Inc. V-Pres, (SEAL) O.S.W.,Inc. PURCHASE - COST - NET ESTIMATE PURCHASE: RE-HAB APPROXIMATE: PROJECT COST: DEBT ROLL OVER: 12,000.00 3~000.00 15,000.00 32,000.00 47,000.00 32,000.00 900.00 3,150.00 -1,050.00 35,000.00 ASSOCIATED COSTS: 200.00 COSTS AND MONTHLY DEBT SERVICE: ANNUAL: ~ONTHLY INCOME: ANNUAL INCOME: ANNUAL COSTS: MAINT. ALLOWANCE: ANNUAL NET INCOME: 3U~.00 11.60 20.00 18.00 357.60 4,291.20 240.00 260.00 "oo.oo 6,000.00 -4,291.20 -275.00 1,433.80 City/O.S.W. equity share Owner held financing (see contract) 90 Day Construction Loan Construction Loan Interest (apx) Owner Held W/ Interest (less owner forgiveness) Conventional Financing 10%, 30 Year Donated Legal, O.S.W. to pay closing costs. Principle & Interest Tax (frozen 5 yrs.) Fire Insurance (apx) Water/Sewer (comp. data) Lower Unit Upper Unit POTENTIAL SALES DATA: 35,000.00 Conv. Loan 12,000.00 Equity Share 2,000.00 Value Added ~9,000.00 Sales Price AGREEMENT THIS AGREEMENT, made and entered into this day of , 1988, by and between the CITY OF ROANOKE, hereinafter called the "City", and OLD SOUTHWEST, INC, hereinafter referred to as "Subgrantee", the WHEREAS, the City has been authorized by its Council, pursuant to Ordinance No. , adopted , 1988, to provide Community Development Block Grant (CDBG) funds to the Subgrantee to enable it to purchase a house and property located at 657 Day Avenue, S.W., in the City. WI TNES SETH: 1. Scope of Work. The City agrees to grant to the Subgrantee the sum of $12,000 in CDBG funds to be used by the Subgrantee for the purchase of the property located at 657 Day Avenue, S.W. in the City, bearing Official Tax No. 1120218. ' The property located at 657 Day Avenue, S.W. will be rehabilitated for use as a 2-unit apartment building for low to moderate income persons. The Subgrantee shall execute a Note and Deed of Trust approved by the City Attorney securing such grant. 2. Insurance. The Subgrantee shall purchase, pay for and maintain at all times during the life of the contract such insurance as will protect Subgrantee and the City from such claims as may arise out of or result from the Subgrantee's operations under the contract, whether such operations be by the Subgrantee or by any subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. Subgrantee shall purchase, pay for and maintain insurance against the perils of fire, windstorm, vandalism upon property managed by Old Southwest, Inc to the full insurable value. 3. Pr_~p_gram Income. A portion of any income from the sale or rental of said property, a percentage of the total costs proportionate to CDBG funds used in the completion of the purchase and rehabilitation of 657 Day Avenue, S.W., shall be returned to the City as program income. This amount to be paid back monthly, if from rental income, or in a lump sum, within thirty (30) days of closing on the sale of the property. Program income requirements shall remain in force as long as the City of Roanoke is an entitlement City, receiving Community Development Block Grant (CDBG) funds. 4. Obligation of Sub~rantee. The Subgrantee agrees that it will use the funds to be granted to it by the City only for the purposes stated above. 5. Records and Inspections. The Subgrantee shall maintain full and accurate records with respect to all matters covered under this Agreement. The City shall have free access at all proper times to such records, and the right to examine and audit the same and to make copies thereof. Such records shall be maintained for three (3) years after completion of the project. 6. Reporting. Upon completion of the rehabilitation and rental of the property located at 657 Day Avenue, S.W., the Subgrantee shall submit a report detailing contractors used and pertinent tenant information. Reporting format will be provided by the City. 7. Completeness of A~reement. This Agreement contains all of the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the parties hereto. 8. Parties. The City shall not be obligated or liable hereunder to any party other than the Subgrantee. 9. Special Conditions. The Subgrantee agrees to abide by the HUD conditions for CDBG programs set forth in Attachment I as if it were the Grantee referenced therein, unless such conditions are clearly inappropriate to the performance of this Agreement. Additionally, the Subgrantee agrees to comply with: o standards of the National Flood Insurance Program, if property is located in a flood plain. o Secretary of Interior's "Standards for Rehabilitation,,, if property is determined to be of historic significance. o federal Lead Based Paint Hazard Elimination requirements, if dwelling is found to contain lead based paint. 10. Termination of A~reement for Causo. If either party to this Agreement shall fail to fulfill in a timely and proper manner its obligations under this agreement, the other party shall thereupon have the right to terminate this Agreement by giving thirty (30) calendar days written notice of such termination to the affected party, and specifying the effective date of such termination. 11. Indemnity Provision. The Subgrantee agrees to indemnify and hold harmless the City, its officers, agents, and employees, from any and all claims, legal actions and judgements advanced against the City and for expenses the City may incur in this regard, arising out of the Subgrantee,s intentional acts and negligent acts or omissions with respect to the rights and privileges granted by the City to the Subgrantee in this instrument. 12. Conflict of Interest. No employee, agent, consultant, officer, or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to CDBG activities, may obtain a personal or financial interest or benefit from the activities, or have an interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one year thereafter. 13. Time of Performance. This Agreement shall be valid for twelve months beginning July 1, 1988. 14. Governin~ Law. This Agreement shall be governed by the laws of the Commonwealth of virginia. IN WITNESS WHEREOF, the City and Subgrantee have executed this Agreement as of the date first written above. ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk WITNESS: By W. Robert Herbert, City Manager OLD SOUTHWEST, INC. (Subgrantee) By Dan L. Frei, President Attachment I U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Upon execution of the Acceptance Provisions of this Grant Agreement, the Department of Housing and Urban Development (HUD) agrees- to provide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 1974 (P.L. 93-383) authorized by the Funding Approval iden- tified therein, subject to the terms and conditions of this Grant Agreement, applicable law, regulations and all other requirements of HUD now or hereafter in effect. The Grant Agreement is effective with respect to such assistance as of the date the acceptance is executed and consists of each Funding Approval and acceptance hereto attached, together with the HUD-approved Application specified therein, including any Assurances, certifications, maps, schedules or other sub- missions made with respect thereto, the HUD Community Development Block Grant Regulations at 24 CFR Part 570 and the following General Terms and Conditions: 1. Definitions: Except to the extent modified or supplemented by the Grant Agreement, any term defined in Title I of the Housing and Community Development Act of 1974 or the HUD Community Development Block Grant Regulations at 24 CFR Part 570 shall have the same meaning when used herein. A. Agreement means this Grant Agreement as described above and any amend- ments or supplements thereto. B. Applicant means the'entity designated as such in the Funding Approval. C. Grantee means each entity designated as a recipient for grant or loan guarantee assistance in the Funding Approval and signing the acceptance provisions as Grantee under the Agreement. D. Assurances, when capitalized, mean the certifications and assurances submitted with grant applications pursuant to the requirements of 24 CFR Part 570. E. Assistance provided under this Agreement means the grants and any loans secured by loan guarantees provided under this Agreement. F. Program means the Community Development program, project or other activ- ities, including the administration thereof, with respect to which assistance is being provided under this Agreement. Equal Employment Opportunity: In carrying out the Program, the Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Grantee shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall post in conspicuous places available to employees and appli- cants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The Grantee shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Grantee shall incorporate the foregoing requirements of this paragraph 4A in all of its contracts for Program Work, except contracts governed by paragraph 8 of this section, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for Program work. 3. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of lg64 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause of require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex or national ori- gin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 4. Obligations of Grantee with Respect to Certain Third-part~ Relationships: The Grantee shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Grantee. Any Grantee which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Grantee, is carried out in accordance with the Applicant's Assurances and certifica- tions, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of lg74. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. Interest of Members, Officers or Employees of Grantee~ Members of Local :~vernment Bod~ or Other Public Officia)~: No member, officer or employee the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public offi- cial of such locality or localities who exercises any functions or respon- sibilities with respect to the program during his tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. -2- "Section 109": This Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Access to Records and Site of Emplojanent: This Agreement is subject to the requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. The Subgrantee shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Grantee. Information obtained in this manner shall be used only in connection with the adminis- tration of the Order, the administration of the Civil Rights Act of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. -3- Attachment II SCOPE OF WORK Old Southwest, Inc. proposes to implement the following Scope of Work with regard to its Agreement with the City of Roanoke for Fiscal Year 1988-1989: To purchase the house and property located at 657 Day Avenue, S.W. for the purpose of rehabilitating the property for use as a 2-unit apartment building for low to moderate income persons. Be To provide matching funds totalling approximately $35,000 by obtaining a construction loan, then transfer to conventional financing when project is completed. To provide the City with a written report detailing the contractors used and pertinent tenant information. (City will provide reporting instrument). D. To maintain records of all matters covered under the Agreement for three years following completion of the project. E. To secure insurance, as needed. F. To comply with special provisions as outlined in the Agreement. PURCHASE - COST - NET ESTIMATE PURCHASE: RE-HAB APPROXIMATE: PROJECT COST: DEBT ROLL OVER: ASSOCIATED COSTS: 12,000.00 3t000.00 15,000.00 32,000.00 47,000.00 32,000.00 900.00 3,150.00 -1,050.00 35,000.00 200.00 City/O.S.W. equity share Owner held financing (see contract) 90 Day Construction Loan Construction Loan Interest (apx) Owner Held W/ Interest (less owner forgiveness) Conventional Financing 10%, 30 Year Donated Legal, O.S.W. to pay closing costs. COSTS AND MONTHLY DEBT SERVICE: 3'o .oo 11.60 20.00 18.00 357.60 ANNUAL: 4,291.20 ~ONTHLY INCOME: 240.00 260.00 500.00 ANNUAL INCOME: ANNUAL COSTS: MAINT. ALLOWANCE: ANNUAL NET INCOME: 6,000.00 -4,291.20 -275.00 1,433.80 Principle & Interest Tax (frozen 5 yrs.) Fire Insurance (apx) Water/Sewer (comp. data) Lower Unit Upper Unit POTENTIAL SALES DATA: 35,000.00 Cony. Loan 12,000.00 Equity Share 2r000.00 Value Added 49,000.00 Sales Price O~ce of ~e CJry Cler~ August 24, 1988 File #60-246 Mr. Joel M. Schlanger Di~'ector of Finance Roanoke, Virginia Dear ~Jr. Schlange;.: I am attaching copy of Ordinance No. 29267, amending and reo~,- daining certain sections of the 1988-8g Conso~.tium Fund Appr'opriations, providing for' the appropriation of $1,094,$9i.q0 of Consortium funding, in connection with funding for fiscai yea~, 1989 Title I[-A Implementation St;~ategy P~'og~.am, Employment Set'vices and Grant Diversion activities, which Or'dinance ¥o. 29267 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 2~, 1988. Sincerely, Mary b. Pa~'ker, C,~C City Cle~.k MFP: Enc. pc: Mr. W. Robet, t Herbert, City Manager Mr. .tames D. Ritchie, Director of Human Resources Ms. Carolyn H. ~arrett, Administ;.atnt., Fifth Employment and T~'aining Conso~'tium, 425 West Campbell Roanoke, Virginia 24016 Dist:'ict Room456 MunlcipalBuildJng 215 Church Av~'~ue, S.W. Roanoke, Vlrg,nio24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of August, 1988. N6. 29267. AN ORDINANCE to amend and reordain certain sections of the 1988-89 Consortium Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Fifth District Employment & Training Consortium- FY89 $ 1,094,891 Title II-A (1-28) .................................. 991,291 Employment Services (29-40) ........................ 77,044 Project Trade (41-48) .............................. 26,556 Revenue Fifth District Employment & Training Consortium FY89 $ 1 - 094 891 Title II-A Admin (49) ' ' Title II B Training (5~i ........................... 148,694 Employment Services (51) ........................... 842,597 Project Trade (52) ........................... 77,044 ................................. 26,556 1) Wages 2) Fringes 3) Travel 4) Communications 5) Supplies '6) Leases 7) Wages 8) Fringes 9) Travel 10) Communications (034-054-8961-8050) $ 45,000 (034-054-8961-8051) 5,000 (034-054-8961-8052) 2,400 (034-054-8961-8053) 3,000 (034-054-8961-8055) 3,000 (034-054-8961-8058) 3,600 (034-054-8961-8030) 9,069 (034-054-8961-8031) 1,096 (034-054-8961-8032) 100 (034-054-8961-8033) 200 11) Miscellaneous 12) DSLCC 13) TAP 14) Roanoke County Schools 15) Scheneman and Spencer 16) Roanoke City Schools 17) Alleghany Schools 18) Teen Parent 19) DSLCC 20) VWCC 21) TAP 22) TAPS, Inc. 23) ECPI 24) DSLCC-LITERACY 25) RADAR 26) Wages 27) Fringes 28) Supplies 29) Wages 30) Fringes 31) Wages 32) Fringes 33) Travel 34) Communications 35) Supplies 36) Leases 37) Wages 38) Fringes 39) Travel 40) Miscellaneous 41) Wages 42) Fringes 43) Wages 44) F~inges 45) Travel 46) Communications 47) Supplies 48) Leases 49) Title IIA 034-054-8961-8040) $ 500 034-054-8961-8150) 38,000 034-054-8961-8152) 135,000 034-054-8961-8153) 36,000 (034-054-8961-8154) 182,722 (034-054-8961-8157) 65,000 (034-054-8961-8158) 034-054-8961-8159) 034-054-8961-8170) 034-054-8961-8171) 034-054-8961-8172) 034-054-8961-8174) 034-054-8961-8175) 034-054-8961-8177) (034-054-896118210) (034-054-8961-8350) (034-054-8961-8351) (034-054-8961-8355) (034-054-8970-8010) (034-054-8970-8011) (034-054-8970-8110) (034-054-8970-8111) (034-054-8970-8112) (034-054-8970-8113) (034-054-8970-8115) (034-054-8970-8118) (034-054-8970-8260) (034-054-8970-8261) (034-054-8970-8262) (034-054-8970-8269) (034-054-8969-8010) (034-054-8969-8011) (034-054-8969-8050) (034-054-8969-8051) (034-054-8969-8052) (034-054-8969-8053) (034-054-8969-8055) (034-054-8969-8058) Admin. Revenue (034-034-1234-8960) 50) Title IIA Training Rev. (034-034-1234-8961) 51) Project Trade (034-034-1234-8969) 52) Employment Services (034-034-1234-8970) 25,000 35,000 64,000 103,000 98,268 46,000 15,000 10,724 9,991 50,000 2,621 2,000 6,164 840 23,343 3,703 135 1,220 2,155 1,750 19,435 2,759 540 15,000 2,124 290 19,073 2,992 252 600 900 325 148,694 842,597 26,556 77,044 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Honorable Noel C. Taylor, Mayor andMembers of City Council Roanoke, Virginia August 22, 1988 '88 ~ ! Members of Council: A. Subject: Fiscal Year 1989 Funding for the Fifth District Erploy- ment and Training Consorti~n The Consortiu~will sul~it the Fiscal Year 1989 Title II-A Imple- rnentation Strategy to the Governor's Employment and Training De- partment by July 29, 1988. Bo 1. ~lanned pro~rsms include on-the-job training, job related education, classroom training, customized training, and remedial education. Transportation services will be pro- vided to those eligible. 2. APproximately 370 youth (ages 16 to 21) and 315 adults (a~ 21 and over) of the Fifth PlarmingDistrict are targeted to ~ served. It is planned that 160 of the total youth and 137 of the total adults will be Roanoke City residents. The Consorti~nhas been authorized to operate a joint contract {vi th the Roanoke City Department of Social Services during Fiscal Year 1989. The pro~r~nwill offer Job Club activities, Career Explora- tion, I~brk Experience, Adult Basic Education, C~D Prepara- tion, and Grant Diversion (Project Trade) activities to 300 eligible Roanoke City residents. A proposal was suI~mitted by the Consorti~n for Project Literacy funds to use in the Alleghany Highlands area in the amount of $10,724.00. Literacy training will be offered to 20 JTYA eligible persons 16 years of age or older who a~-'~ out of school and functioning between the fifth and eighth grade level in reading, communication and/or math skills. The City of Roanoke is the grant recipient for Consorti~n funding. City Council must appropriate the funding for all grants the Consorti~n receives. Members of Counci 1 Page 2 August , 1988 II. C[~RENTSI~TI~ s t , ce oI Award NuTber 89-03-01 in the a~ount of $980,567.00 for the Title II-A program. B. The Roanoke C~t~Departrnent of Social Services and the Consortia,,, have entered Into a contract in the amount of $103,600.00 for employment services and grant diversion activi¥ies. C. The Governor's l~ployment and TrainingI)epartment has sent a Notice of Award N~nber 89-03-02 to fund Project Literacy for }.10,724.00. III. ISSUES IV. A. Program Operation B. Funding C. ~iming ALTPL~NATIVES Appropriate $1,094,891.00 of Consortium funding and establish ~, revenue estimate for $1,094,891.00 in accounts to be established ~y the Director of Finance. 1. Pro,ram Operation - Planned programs will serve those eligible, contracts will be awarded to service providers, and Consortiun staffing assigr~nents will be made. 2. Funding - $1,094,891.00 is available from grantor agencies at no cost to the City. 3. ~ - Inmediate action will aIlow progrems to be lrnplement~d and C(~T[oleted by required dates. Do not appropriate $1,094,891.00 of Consorti~n funding and do nol establish a revenue estimate for $1,094,891.00. 1. Program Operation - Planned progra~ns will cease, contracts will not be awarded and Gonsorti~rn st~ff layoffs will result. _Funding - Not a factor. ~iming - Any delay will cause the late start-up of programs and underexpenditure of available funds. Members of City Council August , 1988 Page 3 CC: Approve Alternative A: Appropriate $1,094,891.00 of Consortiun fundin~ and establish a revenue estimate for $1,094,891.00 in accounts to be established by the Director of Finance. Respectful ly sul~itted, W. Robert Herbert City iVlanager City Attorney Finance Director Director of Ht~nanResources Office of the City Clerk August 24, 1988 File #60-34-472 Mr. Joel M. Schlanger Director. of Finance Roanoke, Virginia Deal' Mr. SchIanger: I am attaching copy of Ordinance No. 29268, amending and reo~'- daining cel'tain sections of the 1988-89 Genera! Fund Appropriations, transferring funds, in the amount of $46,721.00, in connection with installation of new cash register equipment and other i.enovations in the City Treasure?''s Office, which Ordinance No. 29268 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 22, 1988. ~'"" ~ --fis i n e e ~' e t Y ' ~~ Ma~,y F. Parker, C~,tC Ci tx Clerk MFP: ra EnD. pC: Mr. W. Robe~t C~o~'don E. Herbert, City Manager Peters, City T'~'easurer Room 456 Municipal Building 215 Church A~"~ue, S.W. Roanoke, Virginia 24011 (703) 98"1-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of August, 1988. No. 29268. AN ORDINANCE to amend and reordain certain sections of the 1988-89 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of RoanoKe, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Public Works Building Maintenance (1) ............................ General Government Treasurer (2) ....................................... Fund Balance Capital Maintenance & City Unappropriated 1 Maintenance - 2 3 Equipment Replacement Program- (3) ............................ General Fund Other Equipment CMERP - City (001-052-4330-3050) $ 10,239 (001-020-1234-9015) 36,482 (001-3332) (46,721) $17,710,031 2,937,978 7,765,633 669,214 $ 5,241,348 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST:. City Clerk Roanoke, Virginia August 22, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: FUND APPROPRIATIONS - CAPITAL MAINT~ANCE AND EQUIPMENT REPLAC~qT PROGRAM I. BACKGROUND Cash registers in the Treasurer's office were purchased in 1980 for the automation of collections and to interface with automated accounts receivable systems. Bo Real Estate and Personal Property Accounts Receivable systems have been automated to interface with the cash registers. Ce Additional Receivable systems need to be inter- faced with the collections system over the next few years. A number of these include business licenses, utility bills and miscellaneous receivables. Capacity and reliability of current cash registers are serious problems to further system expansion. November 9, 1987, City Council approved a Capital Maintenance and Equipment Replacement Program. Capital Maintenance and Equipment Replacement Program included a list of necessary office automation items and renovations for the City Treasurer. Single item cost for these items will not exceed $10,000.00. Councils approval is required for single purchases which cost exceed $10,000 as stated in the code of the City of Roanoke, Chapter 23.1, Procurement, (1979), as amended. II. CURRENT SITUATION Programmable personal computers offer expanded capability and reliability for use as cash registers and interfacing to account receivables on the City's central system. Honorable Mayor and City Council Page 2 Be Single purchase items, for office renovation and automation of the City Treasurer's Office, which will cost less than $10,000 per single item, is identified on Attachment "A". Those items shown on Attachment "A" will be pro- cured through the State Contract System or through competitive request for quotation by the General Services Department. Council appropriations are requested to allow for the purchases of all items listed on Attachment III. ISSUES A. Need B. Timeliness C. Competition of Purchases D. Fund Availability IV. ALTERNATIVES Council aDDrove this request to appropriate $46,720.20 to various accounts to provide for new cash register equipment and renovation in the City Treasurer's Office. Need - some critical needs and enhancements in the City Treasurer's Office would be accomplished with this alternative. Timeliness purchases of items less than $10,000 per single item, can be expediently bid and appropriately procured. Competition of Purchases - all items will be purchased in accordance with the City's Procurement Code. Fund Availability - funds are available in the FY 87 Capital Maintenance and Equipment Replacement Program to provide for this request. Honorable Mayor and City Council Page 3 We Council not approve this request to appropriate funds to provide for office automation and renovation of the City Treasurer's Office. Need - some critical office needs would not be accomplished with this alternative. Se Timeliness - would not be a factor in this alternative. Competition of Purchases - would not be a factor in this alternative. Fund Availability - designated funds would not be expended. RECO~4ENDATION ae Council aDDrove Alternative "A" - appropriate $4~,720.20 from the Capital Maintenance and Equipment Replacement Program to specific accounts as follows: Bldg. Maintenance - 001-052-4330-3050 - $10,239.00 City Treasurer - 001-020-1234-9015 - $36,481.20 WRH/DDR/ms cc: City Attorney Director of Finance Respectfully submitted, W. Robert Herbert City Manager AT~ACHI~EN~ "A" Fabricate and install new counters in City Treasurer's Office Lockers and drawers under above counters Carpet for Treasurer's Office Office stools for counter employees, Treasurer's Office Printer Stand 1 - IBM PS/2 Micro Computer, Model 8500-031 w/color display, 6 - HP Think-jet Printers 6 IBM PS/2 Computers, Model 8500-021 w/displays 2 - Telex display stations with printers 6 - PC Dos Software, power strips, printer cables and emulation program 1 - C.ITOH Prowriter Jr. Printer with tractor, narrow carriage, 9 pin, parallel with cable 6 - Validation printers, model 5400 Software - Realia Cobol, Realcics & Realcics Operating Environments $ 6,200.00 3,539.00 500.00 960.00 196.00 3,165.00 1,752.00 17,550.00 2,680.00 1,960.20 100.00 5,538.00 2f580.00 $46,720.20 Office of the City Cler~ August 24, 1988 File ~236 Mr. W. Robert He;.bert City ~anager Roanoke, Virginia Dea~. 5Ir. tterbert: I am attaching copy of Ordinance No. 29270, authorizing e~:ecution of a written agreement with the City of Roanoke Redevelopment and Housing Authority relating to the pe'~'formance of certain Community Development Block Grant program activities to be under- taken by the City during Prog~'am Year 1988-89, which O'rdinance No. 29270 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 22, 1988. /~"'- ~ ~'SincereIy' ~~ Mary F. Parker, CMC City Clerk MFP: ;'a Enc. pc: Mr. fferbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike N. W., aoanoke, VirDinia 24017 ~?'. Joel ~. SchIanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Community Planning Mr. Brian J. Wishneff, Chief of Economic Development ~r. H. Daniel Pollock, Housing Development Coordinator Ms. Jinni Benson, Neighborhood Pa;'tnership Coordinator lit. James 9. Ritchie, Director of Human Resources Ms. Marie T. Pontius, Grants ~onitoring Administrator R°°m4..S6 Munlcll~alBoildlng 215Ch~chAv~ue,.S.W. Roanoke, Vlrg~nla24011 (703)98"1-254"1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of August, 1988.- No. 29270. AN ORDINANCE authorizing the execution of a written agreement with the City of Roanoke Redevelopment and Housing Authority re- lating to the performance of certain Community Development Block Grant program activities to be undertaken by the City during Program Year 1988-1989; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, a written agreement, more particularly described in the report of the City Manager dated August 22, 1988, and providing for the provision of certain administrative services under the City's Community De- velopment Block Grant for the 1988-1989 Program Year, between the City of Roanoke Redevelopment and Housing Authority and the City of Roanoke, and providing for the services to be rendered by said Authority to the City in implementing certain program activities identified in the City's application and budget for the aforesaid Grant, along with certain terms and conditions described in the aforesaid report, including the compensation to be paid to the Authority. 2. The form of the contract between the City and the Authority shall be approved by the City Attorney. 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. Roanoke, Virginia August 22, 1988 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Contract for Services with the Roanoke Redevelopment and Housing Authority I. Background: ae Community Development Block Grant (CDBG) funds for Fiscal Year 1988-89 total $2,154,083 including $1,486,000 new entitlement and $668,083 program income. City Council is scheduled to appropriate these funds on August 22, 1988. Be Roanoke Redevelopment and Housing Authority (RRHA) historically has administered certain portions of CDBG programs for the City, including housing rehabilitation and economic development activities. II. Current Situation: Funds budgeted for RRHA's services in FY 88-89 total $398,715 for administration and support of seven (7) Economic Development and seven (7) Housing programs which include $677,000 allocated from FY 1988-89 funds (including $142,000 from Rental Rehab) plus carry over funds of $908,746 for a total contract amount of $1,984,461. Be Major responsibilities to be fulfilled by the RRHA under the contract include ac~vities regarding: 1. Housing Rehabilitation 2. Commercial/Industrial Development Administrative Agreement between the City and the RRHA is necessary before the RRHA can perform and receive payment for administrative activities regarding CDBG- funded or assisted programs. III. Issues: A. Cost to the City B. Fundinq Honorable Mayor and Members of City Council Page 2 C. Administrative Capability D. Timing IV. Alternatives: Authorize the City Manager to execute the attached A~reement with the RRHA for the administration and implementation of various community development activities. Cost to the City for administration and support will be $398,715 of CDBG funds. Costs for projects will be $1,585,746 in CDBG/HUD funds. No other City funds will be expended. Fundin~ is available in CDBG accounts shown in Attachment E of Agreement (and attached to this report). Administrative capability to perform the services specified is possessed by the RRHA. The RRHA is experienced in and knowledgeable of the programs specified, having performed similar responsibilities in previous years. Timin~ is important since previous contract expired on June 30, 1988 and several programs are ongoing and should be continued. Do not authorize the execution of the attached A~reement with the RRHA for the administration of various community development activities. Cost to the City would depend on the cost of performing the activities directly with additional City staff or of contracting for services from private agents. Fundin~ is available in CDBG accounts shown in Attachment E of RRHA Agreement. Administrative capability to perform the various activities is available in some cases with existing City staff. However, other capability would have to be obtained by hiring additional CDBG-funded staff and/or contracting with private agencies. Timing would delay the implementation of many program activities, until necessary staff could be hired and trained or until other arrangements could be made. Honorable Mayor and Members of City Council Page 3 Recommendation: It is recommended that City Council concur in Alternative A and authorize the City Manager to execute the attached Agreement with the RRHA for the performance of various community development activities. Respectfully submitted, W. Robert Herbert City Manager attachments WRH/mtp cc: Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Resources Chief of Economic Development & Grants Chief of Community Planning Housing Development Coordinator Grants Monitoring Administrator Neighborhood Partnership Coordinator Executive Director, Roanoke Redevelopment & Housing Authority THIS AGREEMENT is made and entered into this 1988, by and between the following parties: the Grantee: City of Roanoke 215 Church Avenue S.W. Roanoke, Virginia 24011 and the Subgrantee __ day of City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N.W. Roanoke, Virginia 24017 It is the intent of the Grantee to entrust the Subgrantee with the implementation of certain projects and activities relating to community development and neighborhood revitalization, including, but not limited to, projects outlined in the Grantee's 1988-89 Community Development Block Grant (CDBG) program. The Grantee and Subgrantee agree as set forth below: The Subgrantee shall implement certain projects and activities as set forth in Part I of the Terms and Conditions of the Agreement. II. The Grantee shall compensate the Subgrantee as set forth in Part II of the Terms and Conditions of the Agreement. TERMS _.AND _CONDITIONS OF AGREEMENT Part I - Scope of Services: The Subgrantee shall, in a satisfactory and proper manner, as determined by the Grantee, and within the scope of the 1988-89 Grant Programs Funds Appropriations for CDBG provided for the services included herein and approved by the Roanoke City Council, perform the following tasks: A. Rehabilitation and Revitalization o__f Residential Areas: Private Rehabilitation Loan Program ~ The subgrantee shall lend the proceeds of the $600,000 mortgage revenue bond it sold to the public for rehabilitation or purchase/rehabilita- tion of owner occupied houses during Fiscal Year 1988-89. Prior to the spring of 1989, the Grantee and Subgrantee shall review characteristics of FY 1988-89 Program and jointly determine whether future revenue bonds are to be sold by the Subgrantee using CDBG or other funds and on what basis. All costs of said future mortgage revenue bond, including loan loss reserve, auditing, legal expense, cost of issuance and all other related expenses (excluding staff costs), and additional costs incurred relative to previous mortgage revenue bonds, shall require no more than $89,035 of CDBG funds or other funds by the Grantee. (This being ~.40,000 for bond issued in July, 1988 and the balance for a second bond issue in Spring of 1989). Support costs, including staff salaries and other delivery costs of the program will not exceed $ 78,000. 2. Private Rehabilitation Loan Subsidy - The Subgrantee shall 2 administer a subsidy program in conjunction with the Private Rehabilitation Loan Program and to subsidize rehabilitation or purchase/ rehabilitation loans from other sources, in accordance with written guidelines as set forth in Attachment A__~. The Private Rehabilitation Loan Subsidy shall consist of grants to be made to borrowers of funds under the Private Rehabilitation Loan Program or other sources, including conventional lenders, in order to make rehabilitation and/or purchase/rehabilitation loans more affordable. The total of all subsidies provided under this program shall not exceed $166,079. Program delivery costs, including staff costs shall not exceed ~50,000. Critical Home Repair Pro~ram - The Subgrantee shall administer the Critical Home Repair Program in accordance with written guidelines as set forth in Attachment B. Essentially, the Critical Home Repair Program consists of limited grants or loans to qualified homeowners to repair or replace seriously substandard components of the homeowner's structure. The total of all such grants/loans to be made in Fiscal Year 1988-89 shall not exceed $135,000, including ~50,000 set aside for "Quick Response to Emergencies". Program delivery costs, including salaries shall not exceed $27,000. e Rental Rehabilitation program - The Subgrantee shall administer the Rental Rehabilitation Program as developed by 3 the Grantee and Subgrantee and approved by the Department of Housing and Urban Development (HUD) and the Virginia Housing Development Authority (VHDA). Such Program shall include: o Rehabilitation subsidies to rental property owners, from funds allocated to the Program by HUD from Rental Rehabilitation Program funds and/or by the Grantee from CDBG funds, and/or by VHDA for the Program; and Section 8 rental subsidies to qualifying tenants, using Section 8 Certificates and/or Vouchers made available through normal turnover in these programs. The funds, currently projected to be $142,000 from HUD and $50~000 from the Grantee's CDBG funds, will be used for rehabilitation subsidies during the contract year. Program delivery costs for the Subgrantee, including salaries shall not exceed ~49,515. Section 312 Rehabilitation Loan Program - The Subgrantee shall administer a rehabilitation loan program using Section 312 funds as made available by HUD. Such funds will be loaned to low-moderate income homeowners on terms as allowed by HUD in designated Conservation Areas and Rehabilitation Districts or other areas authorized by HUD. Section 312 funds may also be loaned to other borrowers, including for non-residential projects, with the coordination of the Grantee. Program delivery costs, including salaries, shall not exceed $17,100. 6. Technical Assistance, Counselinq and Services - The Subgrantee shall assist the Grantee in providing advice and counseling to citizens, individually or in groups, concerning community development and housing concerns. Such assistance and services will be provided as requested by citizens and shall include but not be limited to: a. Property inspections and technical advice concerning repair remodeling, rehabilitation and maintenance; b. Guidance and counseling concerning possible financial arrangements for purchase or rehabilitation, including possible options available in the private financing market. c. Providing technical assistance to the Grantee's Housing Development Office relative to long-term housing and education/information programs in accordance with guidelines set forth in Attachment C. Program delivery costs, including salaries, $15,000. shall not exceed Marketin~ - The subgrantee shall play a principal role in assisting the Grantee in publicizing and marketing housing programs, rehabilitation and neighborhood revitalization generally. Included in this role will be arranging for the placement of signs, supplied by the Grantee, on the site of rehabilitation projects assisted under programs described herein. 8. Phoenix Project - The Subgrantee shall amend the Conservation Plan for the neighborhood selected for this demonstration project involving the rehabilitation of an entire block through the cooperative efforts of the City and its agencies. The Subgrantee shall develop the bond prospectus for this project. Funds are available in the amount of $20,771. Program deliver~y costs, including salaries, shall not exceed $5,000. e Relocation Assistance and Counselinq - The Subgrantee shall assume responsibility for the relocation assistance and guidance to be provided to residents and businesses displaced by community development projects and activities of the Grantee, in accordance with HUD regulations and guidelines. In addition, the Subgrantee shall participate with the Grantee in updating the City-wide housing resource summary and a plan to meet the total relocation needs for the program year. 10. Outstandin~ Loans and Grants~ Foreclosures - The Subgrantee shall continue to service outstanding loans, forgivable and/or deferred payment loans, grants, etc., made in previous years as appropriate and in accordance with guidelines of the specific programs. The subgrantee shall provide counseling to parties delinquent in their repayments in a reasonable effort to avoid 6 foreclosure. However, where delinquencies persist, Subgrantee shall institute appropriate foreclosure procedures. the The Subgrantee shall maintain and protect properties on which it has foreclosed, and in consultation with the Grantee, shall arrange for resale, assumption of loan, or other disposition of the property. B. Gainsboro Conservation/Redevelo~.~t Plan: The Subgrantee shall implement the Gainsboro Conservation/ Redevelopment Plan (Amendment No. 2), coordinating its activities with the Gainsboro Project Area Committee (PAC) and the Gainsboro Neighborhood Development Corporation (GNDC). The Subgrantee may also contract with PAC and GNDC to provide services in addition to the duties to be performed by the Subgrantee under the Conservation/Redevelopment plan, provided that any such contract for additional services funded by the Grantee shall be approved in writing by the City Manager before execution by the Subgrantee. Come, unity ~nteraction: The Subgrantee shall assist the Grantee in the performance of certain basic community-oriented tasks which include, but are not limited to, the following: Planning, organization and implementation of neighborhood meetings. Development and distribution of materials necessary to inform the public regarding neighborhood revitalization activities performed by the Subgrantee pursuant to this contract. Planning, organization and implementation of the CDBG public workshops and/or hearings incidental to the Grantee's annual application process. The Subgrantee shall provide information monthly to the Grantee concerning the status and activity of the various housing programs, which the Grantee then may distribute to community organizations or representatives, as the Grantee sees appropriate. D. Commercial/Industrial Devel~nt: Commercial Rehabilitation - The subgrantee shall continue to administer the downtown commercial rehabilitation loan program. The Subgrantee shall encourage the use of the Roanoke City Tax Abatement Program for commercial, industrial and residential rehabilitation in areas eligible under the City Code. Deanwood Redevelopment The Subgrantee shall continue to implement Redevelopment Plan (1975), as amended by Amendment No. 2, by Resolution No. 27751, adopted by City Council on August 16, 1985, to include additional property within the redevelopment area. Within this expanded area, the Subgrantee shall perform, during the term of this Agreement, appraisals and title work, acquisition, relocation and demolition, and site development. Funds are available to the Subgrantee for these additional activities in the amount of $475,481 for the Deanwood Expansion area. Program support costs shall not exceed $10,200. For the area known as the Deanwood Addition, that ten-parcel tract fronting on Orange Avenue, funds are available in the amount of ~60,000. Program support costs shall not exceed $10,200. Ail work shall proceed with the assistance of the Grantee's City Engineer and Chief of Economic Development who shall approve all requests for proposals, contracts regarding site design and development, final plans and change orders for this project within ten working days, except for issues requiring action by City Council. All expenses related to Deanwood property acquisition, disposition, site clearance/improvements, maintenance, engineering and plan development shall be charged directly to the Deanwood account and not to the Subgrantee's general program administration. Henry Street Redevelopment - The Subgrantee shall implement the Gainsboro Conservation/Redevelopment Plan (Amendment No. 2), in the "Henry Street" area of the Gainsboro Project area 9 in accordance with such Plan, and in accordance with any amendment or supplement to the Plan relating to the "Henry Street" area after its adoption by Grantee's City Council and the Subgrantee,s Board of Commissioners. Funds available to the Subgrantee for these activities shall not exceed $296,833 All expenditures shall be approved in advance by the Grantee. The subgrantee shall arrange for and oversee the operation of two (2) parking lots on Centre Avenue and First Street in the "Henry Street" redevelopment area. Program support costs for this project shall not exceed $30,600. Downtown East Parking ~ot$ - The Subgrantee shall continue to arrange for and oversee the operation of four (4) parking lots in the Downtown East area. The Subgrantee shall participate actively with the Grantee to expedite the sale of these properties and shall provide any information required by the Grantee or HUD relative to the close-out of the Urban Renewal program. Redevelopment Plans - Preparation and Amendment - The Subgrantee shall produce and amend as needed Redevelopment Plans for areas within the City. Property Marketing and Disposition - The Subgrantee shall continue to promote and sell parcels available in all Redevelopment Areas, including but not limited to the 10 Kimball, Downtown East, Deanwood and Gainsboro areas. Ail contacts with potential developers shall be coordinated between the Grantee's Chief of Economic Development and the Subgrantee's Director of Land Planning. Each of these parties or his representative shall be afforded the opportunity to be present at any showing of any available site by either the Grantee or the Subgrantee. Negotiations incidental to land sales will also be coordinated between the aforementioned parties. Expenditures for Urban Renewal disposition costs shall not exceed $2,988. Expenses related to land disposition shall be charged directly to the affected program account and not charged to the Subgrantee's general program administration. The Subgrantee agrees to abide by the Real Estate Commission Policy, which was approved by City Council on August 12, 1985, as set forth in Attachment C for the sale or lease of City-owned industrial property by a real estate agent. Shaffer's Crossing Redevelopment - The Subgrantee shall continue to implement Phase I of the Shaffer's Crossing Redevelopment Plan (1985), within the financial limits of the funds appropriated by City Council and following a written Notice to Proceed from the City Manager. All work shall proceed with the assistance of the Grantee's City Engineer and Chief of Economic Development, who shall approve all 11 requests for proposals, contracts regarding site design and development, final plans and change orders for this project within ten (10) working days, except for issues requiring action by City Council. All expenses relating to property acquisition, disposition, site clearance/improvements, maintenance, engineering and plan development shall be charged directly to the Shaffer's Crossing Project account. Activities to be completed during the term of this Agreement primarily include demolition and site work, as funds permit. Funds are available to the Subgrantee for these activities in the amount of $147,559. Program support costs shall not exceed $23,800. E. Property Maintenance: The Subgrantee shall be responsible for the upkeep and maintenance of all properties acquired by the Subgrantee as a result of CDBG activities. The cost of these activities shall be charged directly to the applicable program account and not to the Subgrantee's general program administration. All equipment purchases, as part of this activity, must receive prior approval of the Grantee. F. Program Coordination: Appropriate staff of the Subgrantee shall meet and consult regularly and as needed as determined by either party, with 12 appropriate staff of the Grantee. Such staff of the Grantee may include, but are not limited to, the City Manager, Assistance City Manager, Director of Public Works, Building Commissioner, Housing Development Coordinator, Chief of Economic Development and Grants, and Grants Monitoring Administrator. The intent of such meetings and consultations shall be to facilitate the efficient and effective implementation of program services listed above, and consider the need for and planning of other activities of the Grantee, Subgrantee, or both, consistent with the general purpose of community development and neighborhood revitalization. PART II - COMPENSATION AND ~rHOD OF PAYMENT: A. Program Funds: The following funds shall be made available to the Subgrantee for program activities (includes FY 88-89 CDBG funding of $535,000 plus $142,000 in HUD Rental Rehabilitation funds with the balance representing carry-over funds as of June 30, 1988): Program Categorv General Administration Economic Development General Administration 1988-89 and Program Carry-Over Program Expense Funds* SuDDort 82,300 Deanwood Expansion $ -0- Deanwood Addition $ 60,000 Henry Street $ -0- Shaffer's Crossing $140,000 Marketing and Disposition $ -0- Property Management $ -0- $475,481 $ 10,200 $ -0- $ 10,200 $296,833 $ 30,600 $ 7,559 $ 23,800 $ 2,988 $ -0- $ -o- $ -o- 13 Housing Private Rehab Loan Program $ 40,000 Private Loan Subsidy $160,000 Critical Home Repair $135,000 Rental Rehabilitation Prog. $142,000' Section 312 Rehabilitation $ -0- Housing Counseling $ -0- Phoenix Project $ -0- 49,035 6,079 -0- 50,000 -0- -0- 20,771 78,000 50,000 27,000 49,515 17,100 15,000 5,000 Totals * From separate, $677,000 non~CDBG allocation. $908,746 GRAND TOTAL $398,715 $1,984,461 B. Program Income: Program income from any and all sources shall be submitted to the City within five (5) days of its receipt by RRHA. C. Limits of Fundinq Sources: Payments to the Subgrantee may be made from the 1988-89 CDBG project and general administration accounts up to the amount designated by Roanoke City Council; however, the total payments, from all sources, to the Subgrantee for program support and general administration of the identified program activities shall not exceed $398,'715 for the 1988-89 program year. D. Disbursement Procedures: The Subgrantee shall file the necessary papers with the Director 14 of Finance ten (10) working days prior to the date that actual disbursements are needed. Cash advances shall be reasonably estimated, therefore, excess advances will not be allowed. Cash advances will be recorded as Accounts Receivable due from the Subgrantee. The Subgrantee shall submit, by the fifth working day of each month, a monthly report to the Director of Finance, indicating the actual expenditures incurred against all cash advances not previously reported to the Director of Finance. Expenditures reported will be deducted from the Accounts Receivable balance due from the Subgrantee. The Subgrantee also shall submit time sheets, by the tenth working day of each month, to the Grants MonitOring Administrator, which indicate Subgrantee's staff time committed to each project. No additional cash advances shall be made to the Subgrantee until these reports are submitted. Monthly financial status reports issued by the Director of Finance shall be reviewed by the Subgrantee and any discrepancies reported in writing within ten (10) working days of receipt of said report. E. Annual Audit and Monitoring: The Subgrantee shall provide for an independent audit of all CDBG expenditures in accordance with Circular A-128 for the contract period covered by this Agreement as set forth in Part IV, Section A. Two copies of said audit report shall be furnished to the Grantee within 30 days after completion of the audit. In addition, it is the intention of the Grantee to perform quarterly 15 monitoring visits to verify the Subgrantee's performance from a financial and compliance auditing perspective during the contract period covered by this Agreement. PART III - G~T~E RESPONSIBILITIES: A. General Guidance: The Grantee shall provide general guidance and direction to the Subgrantee concerning the intent and operation of programs developed by the Grantee to be administered by the Subgrantee under this Agreement. Reports prepared by the Grantee's staff for presentation to City Council relating to matters covered by this Agreement shall be provided to the Subgrantee for review and comment as early as possible before the day of the Council meeting. B. Existing Data: The Grantee shall make available existing reports, maps, records or other existing data that may assist the Subgrantee's performance of services covered under this Agreement. C. Pro~ect Planning: Within a Redevelopment Area, public improvements, such as streets, 16 curb and gutter, public utilities, etc., unless otherwise approved by the Grantee, shall be the responsibility of the Grantee. Copies of the project plans may be obtained by the Subgrantee upon request to the Grantee's City Engineer. D. Non-Personnel Costs - Program Development: Expenses relating to the development of a new program or the continuation of an existing program not contained in Part I of this Agreement may be furnished by the Grantee. Said expenses shall not be incurred by the Subgrantee without written approval of the Grantee. PART IV - PERFORMANCE AND RECO~D NRRDING: A. Time Period: The Subgrantee shall commence the provision of the services described in Part I of this Agreement as of July 1, 1988, and continue through June 30, 1989. Reporting requirements and annual audit shall cover the full program year period from July l, 1988, through June 30, 1989. B. Reportinq Requirements: The Subgrantee shall report monthly, by the tenth (10th) working day of each month, the progress of each activity covered by this 17 Agreement, using a reporting format acceptable to the Grantee's Grants Monitoring Administrator. Such monthly reports shall include, but not be limited to the following: Activity report for each conservation area and rehabilitation district, identifying units completed, dollars spent, applications on file and applications being reviewed for each program. The general property maintenance activities undertaken by project area. List of gross program income receipts from all sources and itemized disposition expenses on a quarterly basis. e List of loans delinquent and foreclosed, by street address, total repayments made, balance and amount of grant, if any. identifying property outstanding loan staff time expended on each program, as specified in Part II D above. Number and type of contacts for housing counseling, outreach activities and workshops, seminars, meetings, etc. PART V - THIRD PARTY CO~T~ACTS AND BIDS: 18 The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee; however, unless otherwise directed by the City Manager, all bid documents, contracts, contract amendments and change orders between the Subgrantee and a third party which relate to construction or consultant services to be performed by the Subgrantee hereunder, must receive written authorization form the Grantee prior to execution. The Grantee shall complete its review of documents furnished by the Subgrantee within ten (10) working days of their receipt. PART VI - PERSONNEL: The Subgrantee represents that it has, or will secure (limited to the funds provided under this Agreement) all personnel required in performing the services under this Agreement. Such employees shall not be employees of or have any contractual relationship with the Grantee. All of the services required hereunder will be formed by the Subgrantee or under its supervision, and all personnel engaged in the work shall be fully qualified to perform such services. Should any position(s) funded in whole with CDBG funds become vacant, the Subgrantee must provide the Grantee with written notification prior to advertisement for new applicants and/or filling said vacant position(s). 19 PART VII - COKPLIAMCE WITH FEDERAL REGULATIONS: The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment E. and all other applicable federal regulations relating to specific programs performed hereunder, as if the Subgrantee were the Grantee or recipient referenced within such conditions or regulations, unless such conditions are clearly inappropriate to the performance of particular obligations under this Agreement. The Subgrantee shall submit all plans and specifications for projects located in the Southwest Historic District in which there are any federal funds involved, to the Grantee's Grants Monitoring Administrator for review and approval as to impact on the historic character of the District. All proposals for CDBG-assisted rehabilitation in the City will be reviewed by the Grantee's Grants Monitoring Administrator to determine the structure's eligibility for inclusion on the National Register of Historic Places. PART VIII - CONFLICT OF INTJSKEST: No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activities, may obtain a personal or financial interest in or benefit from any of the activities, or have an interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either 20 for themselves, their family or business associates, during their tenure or for one (1) year thereafter. PART IX - INDE~H~ITY PROVISION: The Subgrantee agrees to indemnify and hold harmless the Grantee, its officers, agents and employees, from any and all claims legal actions and judgments advanced against the Grantee and for expenses the Grantee may incur in this regard, arising out of the Subgrantee's intentional acts and negligent acts or omissions with respect to the rights or privileges granted by the Grantee to the Subgrantee in this Agreement; provided, however, that this provision shall not apply to any of those activities undertaken by the Subgrantee pursuant to the terms and conditions of the contract entered into on January 31, 1984 among the Grantee, Subgrantee and Wometco Coca-Cola Bottling Company of Roanoke, Inc. (now the Coca-Cola Bottling Company of Roanoke, Inc.) pertaining to the expansion of Coca-Cola's facility within the Gainsboro Conservation/Redevelopment Area. PART X - AMENDMEI~TS: Either party to this Agreement may, from time to time, require changes in the scope of services to be performed hereunder. Such changes which are mutually agreed upon by a~d between the parties to this Agreement shall be incorporated into written amendment to this Agreement. 21 PART XI _- TEPRINATION O__F AGREEMENT FOR CAUSE: If either party to this Agreement should fail to fulfill in a timely and proper manner its obligations under this Agreement, either party shall thereupon have the right to terminate this agreement by giving thirty (30) calendar days written notice of such termination to the affected party and specifying the effective date thereof. PART XII - GO¥~ING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this Agreement as of the date first written above. Attest: City of Roanoke, Virginia (Grantee) City Clerk City Manager Witness: City of Roanoke Redevelopment and Housing Authority (Subgrantee) Executive Director 22 Attachment A PRIVATE LOAN SUBSIDY PROGRAM June, 1988 Purpose The Private Loan Subsidy Program is intended to operate as a subsidy grant in conjunction with mortgage loans for the rehabilitation or purchase/ rehabilitation of owner-occupied homes. Such loans may include but are not limited to the Private Rehabilitation Loan Program, conventional mortgage loans, FHA or VA insur&d loans, VHDA loans, or those from other reputable sources. The purpose of the Subsidy Program is to make these loans more affordable to low- moderate income families. Form lhe subsidy provided by the Program will be a grant equal to one-fourth of the rehabiltiation cost or purchase/rehabilitation cost, less any required down payment, up to a maximum of $10,000. In this way, the amount the applicant- homeowner must borrow is reduced by 25% and his monthly payment is reduced accordingly by 25%. Example: $20,000 rehabilitation job 1. Without the subsidy: $20,000 (a 9% interest (Private Rehab Loan) = $180/month 2. With the subsidy: $20,000 x 25% = $5000 subsidy from Program - 5,000 subsidy $15,000 loan (~ 9% interest = $135/month Example: $20,000 purchase, $11,000 rehabilitation 1. Without the subsidy: $20,000 purchase price - 1~000 5% down payment $19,000 +11~000 $30.000Aa 10% for 30 years (conventional with PMI) = $263/month Page 2 2. With the subsidy: $30,000 x 25% = $7,500 subsidy - 7,500 ~,500 loan ~ 10% (conventional) = $197/month Eligibility The Private Loan Subsidy Program is limited to applicants who: 1. Have incomes not exceeding 80% of the area median family income, as established by HUD; and 2. Own or are buying homes in which they are or will be living, in designated Conservation Areas and Rehabilitation Districts of the City; and 3.Intend to do significant renovation work to the property, equal to at least one-third of the purchase price but not less than $5000; and t4. Are approved for loans to match the Program subsidy, including but not limited to the Private Rehabilitation Loan Program, and including those approved for loans only on condition of receiving the Program subsidy. Procedures 1. In conjunction with the Private Rehabilitation Loan Program: When an application is received for the Private Rehabilitation Loan Program, the Redevelopment and Housing Authority will review it to determine whether the income requirements for the Subsidy Program are met. If so, the loan application will be processed based on receipt of the 25% subsidy grant. Upon approval of the loan, the Program subsidy will be encumbered. When the loan is closed and the loan funds for rehabilitation are placed in the Page 3 borrower's escrow account, the subsidy will also be drawn from the City and placed in the escrow account. In this way, only one draw will be made from City Program funds for each applicant. Construction rehabilitation draws made £rom the escrow account will be considered taken proportionately from the loan funds and the Program subsidy funds. 2. In conjunction with loans from other sources: a. An applicant for the subsidy program applies to the RRHA, which establishes apparent eligibility based on reported income, location of project, and contract of sale (if purchase/rehab). b. RRHA issues statement committing subsidy equal to one-third of the loan up to a maximum of $i0,000, contingent on the following: -Income, verified by the lender, not exceeding established maximum for low-moderate income for the applicant's family sizel -Property located at specific addressi -Rehabilitation work to be at least $ (the greater of $5,000 or one-third of the purchase loan)i -Rehabilitation corrects all code deficiencies of the housel -Rehabilitation is performed by qualified, licensed, bonded contractorsl -Applicant is to live in the property after rehabilitation. -Receipt within 60 days of a notice of loan approval. c. Applicant applies for and receives approval for a loan, and docu- ments this to RRHA. Page d. RRHA veri[ies work write-up prepared by applicant's contractor for the loan application is complete and that the applicator is eli- gible, based on income verifications performed by lender and other necessary criteria. RRHA encumbers funds for the subsidy and noti- fies the applicant and his lender. e. Loan closing is held, and Program subsidy is disbursed to an escrow account held by the lender, in conjunction with its rehabilitation financing, if any. f. RRHA inspects work's progress periodically during rehabilitation, and performs a final inspection before final disbursement of subsidy from escrow account. Attachment B CRITICAL HOME REPAIR PROGRAM 1988 Program Guidelines 3une, 1988 The Critical Home Repair Program is a subsidy program of grants or loans of up to $6,000. The Program is limited to low-moderate income owners of homes, for identified critically needed repairs to their homes. For homeowner recipients with income of less than 50% of the median family income for the Roanoke area, the subsidy will be in the form of a grant, with no repayment expected. For recipients with income between 50% and 80% of the median income, the subsidy will be a loan but will not encumber the property with a mortgage. The general purpose is to stabilize the existing structure's conditions, maintain and reinforce its habitability, and delay further deterioration. The Program will finance repairs only to serious functional deficiencies. Homeowners receiving grants may be expected to contribute toward the improvement of the exterior appearance of the house and/or grounds. The Program is designed to improve general housing conditions and improve the current health, safety and decency standards of the housing stock throughout the City (except Gainsboro) without necessarily answering all existing Building Code violations. II. ELIGIBILITY REQUIREMENTS A. The applicant must be an owner-occupant; and B. /he applicant must be within Income Guidelines (Attachment A), including income from all sources; and The applicant's home must be in truly critical need of major repairs, to the extent that lack of such repairs may make the house unliveable, but not in such bad condition that the Program (plus any additional investment the applicant is willing to make) cannot make the house basically safe and healthy. Iii. APPLICATION AND SELECTION A brief application period, probably not exceeding two weeks, will be sche- duled and publicized. The Roanoke Redevelopment and Housing Authority will receive applications during the time until a total of 100 are received or the scheduled period expires, whichever comes first. The RRHA will screen the applications to eliminate ones for rental property, with reported income over the Income Guidelines (Attachment A), or otherwise apparently ineligible. Applications clearing the initial screening will be distributed among the RRHA's rehabilitation inspectors. The inspectors will schedule an inspec- tion of each house and evaluate the condition of each using an objective scale of need. The remaining applications will then be prioritized on level of need as indicated by the scale score. (See "Excel>tion to Maximum Limit", IV below). - page 2 The RRHA will inform the 25 top-rated applicants that, subject to verifica- tion of the information contained on their applications, they will receive a Program subsidy and whether it will be a grant or a loan. If any self-help is to be involved (See Part VI), the Inspector will advise the applicant that it could be begun immediately, since the repairs covered by the subsidy may not be done until the self-help is completed. The sole purpose of this is to speed the entire process. The RRHA will verify homeownership and income and will perform a detailed inspection and work write-up for each of the top 25. A number of appli- cants after the 25 will be notified of their standing and the possibility of their eligibility for the Program. Lower ranking applicants will be notified of their ineligibility and will be informed of the options that may be available to assist with repairs. No previous recipient of assistance under the Critical Home Repair Program will be eligible again, except in exceptional circumstances as determined by the RRHA's Neighborhood Development Director. IV. CONSTRUCTION REQUIREMENTS The program will finance only repairs or installation critically needed to keep the house habitable, or to render it habitable, principally: 1. Structural repairs; 2. Roofing and chimney repairs or replacement, including prudent repair or replacement of gutters and downspouts; 3. Electrical system repair, replacement, or installation; #. Plumbing system repair, replacement, or installation; 5. Heating system repair, replacement, or installation; 6. Exterior siding or porch repair or replacement, but only if major health or safety hazards are present. Conditions which are deteriorating and are likely to become critical within six months may be corrected under the Program. Program benefits may be used to provide elements of the house not pre- viously existing but necessary to the basic habitability of the house, such as indoor bathroom or septic system. In all cases, Program benefits may pay only for those repairs, etc. without which the property may be con- demned or vacated. Likewise, a house that is vacant but which the owner-applicant wishes to occupy after repairs funded by the Program may be considered if otherwise a critical situation. In such a case, the owner shall understand that the Program's subsidy will be effective on' if he/she occupies it promptly after the repairs. The Applicant wili ,ign an agreement with the RRHA pro- viding that the amount of the entire Program subsidy shall become due and payaUle if the owner does not occupy the house. Exception to Maximum Limit Page 3 If an inspector determines that an applicant's house cannot be stabilized for the Program's $6,000 maximum but could be stabilized for an additional amount not to exceed $2,000, the inspector may recommend, through the RRHA's Neighborhood Development Director, that up to a total of $8,000 may be committed to repairs to the house. This recommendation from the RRHA will be forwarded to the City's Housing Development Coordinator, with a complete description of the circumstances and the rationale for the request for the exception. The Housing Development Coordinator will review the request and prepare a recommendation to the City's Director of Public ~Vorks for final decision as to authorize the exception up to $8,000. If the house would require more than $8,000 of repairs to remedy the cri- tical deficiencies, the owner will be allowed the opportunity to finance the cost beyond the Program's $8,000 maximum. The owner may use other programs of the City and Housing Authority for this purpose. If the $8,000 will not stabilize the house, and if the owner is unwilling or unable to commit additional resources to make the house liveable, the house and the applicant will be dropped from the Program. V. FORM OF SUBSIDY For applicants with incomes below 50% of the area median family income, the subsidy will be in the form of a grant with no repayment expected. For other eligible applicants, the subsidy will be in the form of a loan secured only by a promissory note. The loan will be at 0% interest, with repayment over a five-year period. The monthly payments, however, are not to exceed i0% of the applicant's net income. (Net income is defined as gross income less immediate withholdings or deductions from the income for taxes, Social Security, mandatory insurance, retirement, or dues, over which the applicant has no control.) In a case in which monthly payments over a five-year term would exceed 10% of the applicant's net monthly income, the repayment term will be extended beyond the five years. /he RRHA will obtain a credit report on each applicant due to receive a loan, at the applicant's expense, to use to evaluate creditworthiness. The applicant will also furnish information to the RRHA concerning amounts and sources of income and debt. In the interest of expediency, the RRHA will not seek independent verifications of this information, but will rely on the applicant's certification. No loan from the Program will be made to an applicant who has declared bankruptcy within the last two years, or has more than two debts with credit ratings of 5 or worse, or has more than two outstanding judgements, or whose debt to adjusted income ratio (including the Program loan) is more than 50%. When the RRHA determines that the applicant satisfies all criteria for the Program loan, and all related information is collected (rehabilitation cost bids, etc.), the applicant will execute a promissory note for repayment of the Program loan on terms as provided above. No rehabili- tation work will be authorized until this note is signed. Page In the event of default, collection may be pursued through established legal mechanisms, including judgement awarded by a court, but will not extend to foreclosure on the recipient's home. VI. SELF-HELP In most other cases, an applicant receiving a grant or loan will be expected to perform certain improvements or repairs to his/her property as a condition to the award of Program funds. Examples are: i. Exterior painting and cosmetics; 2. Cleaning of yard; 3. Removal of junked vehicles; 4. Removal of improper open storage; 5. Demolition of dilapidated out-buildings; 6. Payment to a private contractor for the self-help home repairs. These are intended to be tasks that would be of low cost to the owner if performed by him (e.g., painting house) or even if performed by others for pay (e.g., cleaning yard, demolishing dilapidated out-buildings). The maximum impact is to be sought within the reasonable physical and financial capabilities of the applicant, in exchange for the benefits of the Program. For the top-ranked applicants, the Inspector will encourage the applicant to begin self-help activities immediately, since in most cases the repairs covered by the grant will not be done until the self-help is completed. Therefore, the sooner the applicant begins and completes the self-help, the sooner the program-funded work can be performed. In negotiating the self-help contribution required of the owner-occupant, the Rehabilitation Inspector will exercise discretion, flexibility, and latitude. The self-help contribution required of each owner-occupant must be reasonable and consistent with those required of others in similar cir- cumstances. In negotiating and approving the self-help contribution each applicant is to accomplish, the Inspector will consider the applicant's: I. Physical abilities; 2. Financial condition; 3. Possibility of receiving help from other sources, including family and neighborhood organizations, and; Past conscientiousness in maintaining the home. There may be situations in which it would be equitable not to require any self-help contribution by the owner-occupant, considering the four criteria given. Page Self-help contribution by the applicant is to be accomplished in a timely fashion. When the self-help contribution is agreed upon, the applicant will be expected to accomplish this work within the time agreed or forfeit eligibility and the reservation of funds for major repairs. In unusual circumstances, this time period may be extended depending on a case-to-case determination by the RRHA. In extreme cases, some critical repairs may be made concurrent with or before the owner-occupant performs his responsibilities (e.g., replacing an inoperative furnace in the winter, with the remaining repairs delayed until the applicant paints and cleans in the spring). In all cases, the Authority will ensure that the intent of the Program is served. A written agreement between the homeowner and the City of Roanoke Redevelopment and Housing Authority (RRHA) will specify the self-help input items and the date of completion. It shall further contain the initial violation listing which will be the items to be completed by the City of Roanoke Redevelopment and Housing Authority under the Critical Home Repair Program. VII. "Quick Response to Emergencies" Phase A total of $50,000 will be reserved for the "Quick Response to Emergencies" phase of the Critical Home Repair Program. These grants will be available only to address emergency situations arising suddenly, as contrasted with a condition that has gradually worsened. Generally, these emergencies will relate to only one system of the house, and in no case may the cost of repairs exceed the maximum allowed for the overall Program. The intention of this part of the Program is to repair effectively within 24-72 hours, conditions that must be remedied to keep the house liveable or to prevent further severe damage. The following shall be considered emergency situations: a) Overflowing or unworkable septic systems b) Broken pipes c) Inoperative heating systems d) Inoperative electric systems e) Inoperative water pumps Roof repair or replacement will not be considered as emergencies unless the condition has worsened suddenly due to a specific occurrence, e.g. windstorm blowing off shingles, falling tree penetrating roof, etc. The Redevelopment and Housing Authority will receive requests tot assistance under "Quick Response". An inspector will visit the home within g working hours, evaluate whether an eligible emergency exists, determine what work is necessary, and receive eligibility information, i.e. evidence of income and homeownership. This information will be verified by the quickest means possible. Page 6 As soon as eligibility is verified, the RRHA inspector will contact a minimum of three contractors for bids on the required work, and indication as to when the work can be performed. Each of the three contractors need not bid, but at least three should be invited to do so. Because the primary concern is repair in the shortest time possible, the job will be awarded to the bidder able to perform within the shortest time at a reasonable cost~ compared to the other bidders. Files will be docu- mented carefully to reflect the time of the bids. If an RRHA inspector investigates a request and finds a condition not iden- tified above as an emergency but which the inspector feels is legitimately an emergency within the purpose of this phase, he/she will recommend its inclusion to the RRHA's Neighborhood Development Director. If he concurs with the inspector's recommendation, he will contact the City's Housing Development Coordinator, who will convene a meeting with the Director of Public Works (or his designee) and the Grants Monitoring Administrator within 2# hours. This panel will render final judgment as to the eligibility for the Quick Response grant. ATTACI~IENT C TECHNICAL ASSISTANCE COUNSELING AND SERVICES In recognition of the immediate and long-term value of housing education and information, and the guidance many citizens need to improve or maintain their housing status, the Subgrantee, with the assistance of the Grantee, shall provide advice and counseling to the public, including individuals, families, and groups, concerning housing concerns. Such assistance and services shall include but not be limited to the following: Se Ce Assistance to tenants of condemned housing to find alternative shelter; Provision of general information concerning provisions of the Landlord-Tenant Act; Advice to citizens wishing to buy a home concerning approaches to do so, including finance and repair; Technical advice to homeowners concerning what repairs are of priority, what implications may be if repairs are not made, and ways to pay for repairs; Providing basic technical assistance classes to clients of various owner-occupied rehabilitation subsidy programs (e.g. Critical Home Repair, Private Rehab Loan Program) concerning implications of homeownership and maintenance, and how to care for the improvements in order to keep the house well-maintained. The Subgrantee shall make arrangements to provide these services in conjunction with Building Maintenance Code Enforcement activities of the Grantee, including a "team" 1 approach to inspections, allowing attention to solutions in addition to problem identification. Such an approach will require close coordination between the Grantee's Housing Development Office and the Subgrantee. As part of this activity, the Subgrantee, in consultation with the Grantee and other parties, shall develop and provide a series of public workshops and training sessions, including to public school students, on housing, home-buying, home maintenance, neighborhood development, etc. 2 Attachment D ¢it~-O~ue4 ~ndu~r~a! Property ~anoi~, V~rl~n~4 To establish an equitable, structured policy for remibursinl real estate isaacs for lnlciat~ns sales ac the Roanoke Centre for IndusCt7 and ?echnolo~7. Re[lactation of Clienc/A[~nC RelaCionshil, For a real estate aSenc to be granted a councLssiou' upon sale of City land he/she ~uet: e Provide the City of Roanoke Office of Econouic Development with a letter, sifned by the client, statin~ that the client ia beln$ represented by the asent for any sale of land in :he Roanoke Centre; Be named as the asenc in any agreement, option, or contract the client enters into with the City of Roanoke; and, In the event that a period of one year elapses between receipt of the initial letter of r~$1stracion and Sale of the property, ~e-re~ister :he client/a~ent relationship b? means of a letter, also signed by :he c!:ent. Com~lssion Schedule ~ale of Land For a sale of City-o~med Land the co~lssion rate is set at 7Z. Example: Land sale of $250,000 Co~ission equals .07 x $250,000 - $[7,500 Lease of Land or Buildin~ In the event that either land or buildin8s are leased from the Cit7 a commission rate of 4~ applies and II paid ac the time of closin~ in one lump s,,m payuenc.- The lump sum payment is calculated as Lump Stm- Present Value of an Annuity equal co 4X C~e Annual payment for cern of lease. - . Discount ~Ce - Current Pr~ Lend~nI ~e: ~nua~ Lease Paine - $10,~0 .0~ x SlO,~ . ~00.~ Te~ of Lease - 20 Years Current Pr~e ~ce - $~00.00 a~u~cy, for 20 years, ~0= - $3~05.~2 ~n present va~ue. Comm~sston equals For additional informac~ou on chis policy, please call: Br~an Wishneff Off,ce of Economic Developmen= C~cy of Roanoke Telephone: CITY OF ROANOKE SUMMARY OF FUNDING FOR RRHA For 7/1/88 - 6/30/89 Attachment E Account Number 035-086-8630-5131 035-387-8730-5131 035-002-9900-7000 035-088-8830-5157 035-086-8630-5144 035-086-8630-5151 035-087-8730-5144 035-086-8630-5145 065-088-8830-5145 035-086-8630-5138 035-086-8620-5105 035-087-8720-5105 035-088-8820-5105 035-087-8720-5113 035-088-8820-5113 035-088-8820-5101 035-086-8620-5161 HUD 035-086-8620-5129 035-088-8810-5035 035-088-8810-5036 035-088-8810-5037 035-088-8810-5038 035-088-8810-5039 035-088-8810-5040 035-088-8810-5041 035-088-8810-5042 035-088-8810-5044 035-088-8810-5045 035-088-8810-5046 035-088-8810-5047 Account Name Deanwood Deanwood Deanwood Deanwood Addition Henry Street Henry Street Henry Street Shaffers Crossing Shaffers Crossing Marketing & Disposition Private Rehab Loans Private Rehab Loans Private Loan Subsidy Private Loan Subsidy Critical Home Repair CDBG Rental Rehab Rental Rehab Phoenix Project RRHA General Admin Critical Home Support Private loan Support Private Subsidy Support Rental Rehab Support Section 312 Support Housing Counseling Phoenix Project Support Deanwood Support Deanwood Addition Support Henry Street Support Shaffers Crossing Support Carryover FY89 Totals_ Funding Funding Funding $284,748 124,318 66,415 44,841 1,992 250,000 7,559 2,988 9,035 40,000 6,079 50,000 20,771 60,000 140,000 $475,481 60,000 296,833 147,559 2,988 40,000 89,035 160,000 166,079 135,000 135,000 142,000 192,000 20,771 82,300 27,000 78,000 50,000 49,515 17,100 15,000 5,000 10,200 10,200 30,600 23,800 398,715 $908,746 $1,075,715 $1,984,461 TOTALS Attachment F U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Upon execution of the Acceptance Provisions of this Grant Agreement, the Department of Housing and Urban Development (HUD) agrees to provide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 1974 (P.L. 93-383) authorized by the Funding Approval iden- tified therein, subject to the terms and conditions of this Grant Agreement, applicable law, regulations and all other requirements of HUD now or hereafter in effect. The Grant Agreement is effective with respect to such assistance as of the date the acceptance is executed and consists of each Funding Approval and acceptance hereto attached, together with the HUD-approved Application specified therein, including any Assurances, certifications, maps, schedules or other sub- missions made with respect thereto, the HUD Community Development Block Grant Regulations at 24 CFR Part 570 and the following General Terms and Conditions: 1. Definitions: Except to the extent modified or supplemented by the Grant Agreement, any term defined in Title I of the Housing and Community Development Act of 1974 or the HUD Community Development Block Grant Regulations at 24 CFR Part 570 shall have the same meaning when used herein. A. Agreement means this Grant Agreement as described above and any amend- ments or supplements thereto. B. Applicant means the entity designated as such in the Funding Approval. C. Grantee means each entity designated as a recipient for grant or loan guarantee assistance in the Funding Approval and signing the acceptance provisions as Grantee under the Agreement. D. Assurances, when capitalized, mean the certifications and assurances submitted with grant applications pursuant to the requirements of 24 CFR Part 570. E. Assistance provided under this Agreement means the grants and any loans secured by loan guarantees provided under this Agreement. F. Program means the Community Development program, project or other activ- ities, including the administration thereof, with respect to which assistance is being provided under this Agreement. 701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the Funding Approval. The Grantee shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or in part with assistance pro- vided under this Agreement, the Section 3 clause set forth in 24 CFR 135.20 (b). The Grantee shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts required to contain the Section 3 clause. 3. Equal Employment Opportunity: Activities and contracts not subject to Executive Order 11246~ as amended: In carrying out the Program, the Grantee shall not discrimin- ate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Grantee shall take affirm- ative action to insure that applicants for employment are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall post in conspicuous places available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The Grantee shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Grantee shall incorporate the foregoing requirements of this paragraph 4A in all of its contracts for Program Work, except contracts governed by paragraph B of this section, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for Program work. Contracts subject to Executive Order 11246~ as amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Grantee shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work, or modifica- tion thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and section for training, including apprenticeship. The contractor agrees to post in conspic- uous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' repre- -2- sentatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and rele- vant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regu- lations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the contractor may be declared ineligible for further Government contracts or Feder~ally.assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States." The Grantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Grantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumen- tality or subdivision of such government which does not participate in work on or under the contract. The Grantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Grantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not -3- demonstrated eligibility for, Government contracts and Federally- assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal oppor- tunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Grantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Grantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Grantee; and refer the cause to the Department of Justice for appropriate legal proceedings. Federal Labor Standards Provtsions= Except with respect to the rehabilita- tion of residential property designed for residential use for fewer than eight families, the Grantee and all contractors engaged under contracts in excess of Two Thousand Dollars ($2,000.00) for the construction, prosecu- tion, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided that if wage rates higher than those required under such regulations are imposed by State or local law, nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require payment of the higher rates. The Grantee shall cause or require to be inserted in full in any such contracts subject to such regulations, provi- sions meeting the requirements of 29 CFR 5.5. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 5. Nondiscrimination Under Title VI of the Civil Riqhts Act of 1964: This Agreement is subject to the requirements of Title V! of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause of require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex or national ori- gin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 6. Obligations of Grantee with Respect to Certain Third-part~ Relationships: The Grantee shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Grantee. Any Grantee which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Grantee, is -4- e 10. 11. carried out in accordance with the Applicant's Assurances and certifica- tions, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. Interest of Members~ Officers or Employees of Grantee~ Members of Local Government Bod~ or Other Public Officta)¢: No member, officer or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public offi- cial of such locality or localities who exercises any functions or respon- sibilities with respect to the program during his tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. Prohibition Against Payments of Bonus or Commission: The assistance pro- vided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regu- lations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. "Section 109": This Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Access to Records and Site ~f. Emplo~yment: This Agreement is subject to the requirements of Executive uraer 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. The Subgrantee shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Grantee. Information obtained in this manner shall be used only in connection with the adminis- tration of the Order, the administration of the Civil Rights Act of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. -5- Office of the City Clenk August 24, 1988 File #207 Hr. Charles M. Huffine City Engineer Roanoke, Virginia Deal· ~fr. !luffine: ! am attaching copy of Resolution No. 29272, authorizing the grading and extension of Blue Hills Drive, N. W., and providing for' inspection of the premises, which Resolution No. 29272 was adopted by the Council of the City of Roanoke at a reju[a~ meeting held on Monday, August 22, 1988. Sincere fy, Mary F. Parker, CMC City Clerk MFP: ;~a Dc; M'~.. Jack F. Carter, Mana~Je,~', Suni ink E,~ecutive Pa~.k Drive South, N. E., aoom 450, "0329 vlr. W. Robe,t Herbert, City Manage~. ~?-.. WiIbu?.a C. DibIing, Jr'., City Attorney Mr.. Joel M. Schlanger, Director of Finance 'Mr. William F. Clark, Director of Public Works Corporation, 59 At Ianta, Geol.gia P, oorn456 Ntunt~ipalBulldlng 215C~urc:hAv~,nue, S.W. Roanoke, V~rg~io24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd day of August, 1988. No. 29272. VIRGINIA, A RESOLUTION authorizing the grading and extension of Blue Hills Drive, N. E. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grading and extension of Blue Hills Drive, N. E., by approximately 200 feet from its present terminus, with a paved width of twenty-four (24) feet within the platted right-of-way, is hereby authorized, said work to be done at the expense of the Sunlink Corpo- ration, after the issuance of all necessary permits therefor by the City. 2. (1950), Pursuant to the provisions of §15.1-368, Code of Virginia as amended, the City Engineer is hereby designated and directed to proceed by personal inspection of all of the premises likely to be affected by such grading to ascertain what damages, if any, will accrue to the owners of any property likely to be affected, and to file his report in the manner required by ~15.1- 371, Code of Virginia (1950), as amended. ATTEST: City Clerk. Honorable Mayor and City Council Roanoke, Virginia Roanoke, Virginia August 22, 1988 Dear Members of Council Subject: Opening of Blue Hills Drive, N.E. (Extension) I. Backsround on this subject includes: Letter dated July 27, 1988 (attached), regarding a request to extend Blue Hills Drive, N.E., was sent to the City by Mr. Jack Carter of Sunlink Corporation [owners of the Universal Communication Systems (UCS) site in the Roanoke Centre for Industry and Technology (RCIT)] Bo State law requires the approval of City Council before grading for a roadway can proceed on a previously platted but unopened right-of-way. Co Existin~ portion of Blue Hills Drive is approximately one mile long. Extension of approximately 200 feet would be required to provide access to a second entranceway to the UCS site. II. Current situation on this subject includes: Code of Virginia Section 15.1-368 provides that City Council may direct that street grading be done and, in such event, that Council shall designate and direct a committee of Council or some officer of the City to ascertain what dama- ges, if any, will accrue to the owners of affected properties. Bo Gradin~ and Drainage Plan for the UCS site denotes two options by which Blue Hills Drive could be extended: Option 1 - Extend the roadway at a paved width of 24 feet, connecting directly into the UCS driveway, while keeping the existing cul-de-sac at its current location 2o Option 2 - Extend the roadway at a paved width of 48 feet to match existing roadway width, and relocate the cul-de-sac. III. Issues in order of importance are: Ao ~al requirements of determining what damages, if any, will occur with the proposed construction of Blue Hills Drive, N.E. B. Timeliness of providing access to UCS site C. Engineering and construction costs D. Design criteria IV. Alternatives in order of recommendation: Authorize grading of Blue Hills Drive, N.E. by Sunlink Corporation in conformance with Option 1 (paved width of 24 feet and no relocation of cul-de-sac) and appoint the City Engineer to inspect the Blue Hills Drive area and determine what damages, if any, will accrue to the owners of properties affected by the proposed improvements. Legal requirements of determining what damages, if any, would occur with the grading of Blue Hills Drive would be determined. Timeliness would be dependent upon Sunlink Corporation's schedule. Engineering and construction costs would be incurred by Sunlink Corporation (no City funds involved). Option 1 is preferred by Sunlink Corporation inasmuch as it mini- mizes the cost of the roadway extension. (Estimated construction cost is $25~000.) Design criteria of the roadway extension is not of the same standard roadway width (48 feet) that exists along Blue Hills Drive. However, 24 feet width is adequate for traffic to UCS. Also, it is not known if there will ever be a need to extend Blue Hills Drive beyond the UCS site. In the interim, the extension will function like a driveway to the UCS site, but will be a public road. Sunlink has also indicated that it would provide the necessary slope easements to the City (associated with future extension and widening) and would also waive any damages to their property caused by grading. Authorize grading of Blue Hills Drive, N.E. by Sunlink Corporation in conformance with Option 2 (paved width of 48 feet and relocation of cul-de-sac) and appoint the City City Engineer to inspect the Blue Hills Drive area and determine what damages, if any, will accrue to the owners of properties affected by the proposed improvements. Legal requirements of determining what damages, if any, would occur with the grading of Blue Hills Drive would be determined. 2. Timeliness would be dependent upon Sunlink Corporation's schedule. Engineering and construction costs would be incurred by Sunlink Corporation (no City funds involved). Option 2 is offered, but not desired by Sunlink Corporation due to its higher cost. (Estimated construction cost is $70~000). Design criteria of the roadway extension matches the existing standard of Blue Hills Drlve. Sunlink has also indicated that it would provide the necessary slope easements to the City (associated with future extension and widening) and would also waive any damages to their property caused by grading. Do not authorize grading of Blue Hills Drive, N.E. by Sunlink Corporation. Legal requirements of determining what damages, if any, would occur with the grading of Blue Hills Drive would not be an issue. Timeliness of Sunlink Corporation's schedule would be jeopardized. Engineering and construction costs would not be incurred at this time. 4. Design criteria is not an issue. V. Recommendation is that City Councll approve Alternative "A" which: Ao Authorizes grading of Blue Hills Drive, N.E. by Sunlink Corporation in conformance with Option l(paved width of 24 feet and no relocation of cul-de-sac) at no cost to the City. Appoint the City Engineer to inspect the Blue Hills Drive area and determine what damages, if any, will accrue to the owners of properties affected by the proposed improvements. Respectfully submitted, W. Robert Herbert City Manager WRH/RKB/fm CC: City Attorney Director of Finance Director of Public Works City Engineer Mr. Jack Carter, Sunlink Corporation SUNLINK Sunlink Corporation Room 450 59 Executive Park Drive South, NE Atlanta, Georgia 30329 July 27, 1988 Mr. W. R. Herbert City Manager 215 Church Avenue, SW Room 355 Municipal Building Roanoke, VA 24011 RE: Blue Hills Drive Extension Dear Mr. Herbert: We formally request permission to open and extend Blue Hills Drive to the UCS project. Drawings have been submitted to the city engineer's office. We are requesting option (1) one as labeled on the drawing. Any questions concerning this request may be directed to me at 404-982-7348. Yours truly, Manager O~~"'' ,='207 #202 ! ! ! ! ~20f #20q ) IIII IlL I IIIIII1[11 _ IIIIIII II ~ I Il. o_ -r NH #200 EXIST. 3e" TO D~rENTIOII BASIN #3 50' PUBLIC UTILITY UNDERGROUND ONLY 30' SETBACK LINE I I I Ill III I ~ July 22, 1988 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Monthly Financial Report Attached is a copy of the financial report for the month of July, 1988. JMS/kp r~dtor of Fina$ce G~ FUND CONTINGENCY BALANCE AS OF JULY 31, 1988 General Contingency: Balance July 1, 1988 Economic Development Economic Development Economic Development Social Services Advertising Advertising Trinkle Property Option Local Match Maintenance of Fixed Assets Contingency: Balance July 1, 1988 Equipment Replacement Contingency: Balance July 1, 1988 Total Contingency Balance 412,097 1,700) 4,667) 3,000) 16~344) $ 386,386 200,000 600~000 ~1f186~386 ClT"/ OF ROANOKE GENERAL FUND STATEMENT OF REVENUE General Property Taxes Other Local Taxes Permits Fees and Licenses Fines and Forfeitures Revenue From Use of Money & Property Education 6rants-in-hid Ccemonvealth Grants-in-Aid Federal Government Charges for Current Services Non-Revenue Receipts Internal Services Y~ur to Date fur tl~ Period Jull 1-Jul! 31 Ju/y 1-July 31 Per~mta~e 1987-88 1988-89 ~ $ 199,667 $ 226,321 13.35% 316,547 511,044 61.44% 38,524 47,680 23.77% 44,892 42,154 ( 6.10%) 104,579 ( 29,985) (128.67%) 1,325,654 1,517,945 14.51% ( 76,571) 115,746 251.16% 58,958 100.00% 129,461 161,680 24.89% ( 5,482) ( 6,669) (21.65%) 137,903 71,556 (48.11%) $ 40,962,775 .55% 32,867,964 1.55% 428,500 11.13% 497,000 8.48% 1,200,500 30,498,833 4.98% 21,74~,001 .53% 27,000 218.36% 1,754,800 9.21% 603,856 1,494,300 4.?~o Total ~. 2,215,174 $ 2,716,430 22.63% $132,083,529 2.0~o CITY OF ROANOKE, VIRGINIA G~ FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES General Government Judicial Administration Public Safety Public Works Health and We/fare Parks, Recreation & Cultural Co~mmity Development Education Debt Service Non-DeI~%rtmental Total Jul! 1-July 31 Jul! 1-Jul! 31 $ 597,144 $ 683,313 14.43% $ 7,045,838 143,041 281,722 96.95% 2,517,357 1,584,920 1,920,386 21.17% 21,677,561 1,637,506 2,764,859 68.85% 14,934,933 725,621 822,469 13.35% 10,357,107 345,176 409,657 18.68% 2,732,762 97,042 107,128 10.39% 959,258 2,351,708 2,826,827 20.20% 54,452,559 3,232,194 1,067,462 (66.97%) 7,444,953 245,506 249,000 1.42% 2,309,026 10,959,858 $ 11,132,823 1.58% $124,431,354 $ 7,729,151 8.84% 2,799,079 10.06% 23,597,947 8.14% 17,699,792 15.62% 11,179,576 7.36% 3,142,419 13.04% 1,066,366 10.05% 57,279,386 4.94% 8,512,414 12.54% 2,558,027 9.1os $135,564.177 8.21'6 3 CAPITAL PROJECTS FUND STAtemeNT OF EIPENDII%IRES, EN~l%INCES ~ UNEN UMBERED APPROPRIATIONS SUI~IARY AS OF JI/LY 31, 1988 l~ior ¥~ar C~r~t Year General ~overrmmat $13,016,881 $ Education 3,883,717 5,610,040 RecreatioD 2,114,161 Mass Transit Facilities 1,510,708 Streets and Bridges 9,005,294 1,187,342 Sanitation Projects 10,731,321 Traffic Fag. & Communication 1,387,872 Other Infrastructure Projects 1,133,046 Capital Improvmment ~e,~-..~e 2,969,073 (4,770,040) Total Capital Projects Fund ~45.752.073 $2,027.342 $13,016,881 $12,123,694 $ 893,187 9,493,757 3,375,215 6,118,542 2,114,161 1,928,076 186,085 1,510,708 1,510,707 1 10,192,636 7,846,377 2,346,259 10,731,321 8,329,949 2,401,372 1,387,872 720,626 667,246 1,133,046 923,942 209,104 1,800,967} (1,800,967) ~7,779,415 $36,758,586 $11.020.829 $ 538,135 $ 355,052 228,554 5,889,988 98,313 87,772 1 998,481 1,347,778 1,739,367 662,005 69,598 597,647 77,103 132,002 (1,800,967) $3,749.551 $7.271.278 4 CITY OF ROANOKE WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 1 MONTH ENDED JULY 31, 1988 Operating~evenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating EXP. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Rents Miscellaneous Bad Debt Collections Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses Net Income 1988 $ 92,008 126,333 10,646 7,804 83,406 27~272 347~469 57,704 56,007 48,308 12~023 174~042 173,427 55{890 117~537 12,834 313 191 711 14~049 131,586 1~522 1~522 130r064 1987 86,612 122,945 9,017 3,643 83,562 35~579 341~358 52,951 65,408 31,501 4~187 154~047 187,311 51~164 136~147 10,494 525 22 282 11,323 147,470 · 2F306 -. 2~306 145~164 WATER FUND CONTIN~F/) Capital Outlay Not Included in Operating Expenses: Pro~ect Water - New Service, Hyd., Lines Water - Unidentified Plant Replacement Water - Fire Hydrants FY86 Project Design Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 54,211 23,994 2,273 12f103 92,581 12~103 ~ 80~478 NOTE: Some of these projects are continued from FY87 and FY88 with inception to date totals. 6 CITY OF ROANOKE SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMEN~ DR i~E 1 MON~I~ ENDED J~SY 31, 1988 Operating Revenue: Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Administrative and Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Miscellaneous Bad Debt Collections Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Net Income 1988 330,279 42,135 17,985 57,774 3,295 7,262 2~006 460~736 87,794 253r385 341t179 119,557 75~640 43~917 18,684 1,672 614 20f970 64,887 8r558 56f329 1987 $ 316,408 60,284 20,395 153,116 4,440 19,063 570 574~276 83,752 371{619 455~371 118,905 74~553 44~352 24,620 1,413 185 26~218 70,570 10~103 $ 60f467 SEWAGE TRF. A~'MEN~ FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Pro~ect S.T.P. Flood Relief Williamson Road West Sewer Project FY86 Projects Design Mud Lick Sewer - Land Purchase S.T.P. Land Acquisition Williamson Road East Sewer Ph. I, Cont. II Blue Hills Dr. Ext. @ RCIT Fine Mesh Screens Williamson Road Storm Drain Ph. 2, Cont. IIA Norwood Sanitary Sewer Replacement Williamson Road Storm Drain Ph. 2, Cont. IIB Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 609,930 45,900 21,588 795,147 13,689 379,298 23,643 40,956 198,070 111,997 12~548 2,252,766 1~912~797 ~ 339~969 NO~E: Some of these projects are continued from FY87 and FY88 with inception to date totals. ROANOKE REGIONAL AIRPORT COMMISSION COMPARATIVE INCOME STATEMENT FOR THE 1 MONTH ENDED ~3LY 31, 1988 Operating Revenue: Landing Fees Building and Equipment Rentals Terminal Building Rentals Other Property Rentals Advertising Commissions Fuel and Oil Sales Commissions Miscellaneous Fees Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Total Non-Operating Income Income Before Non-Operating Expense Less: Non-Operating Expense Interest Expense Net Income 1988 $ 32,294 11,979 17,495 2,418 1,824 132,317 6,856 17~809 222~992 34,210 132{664 166~874 56,118 44~256 11~862 7~270 7~270 19,132 8~847 10~285 1987 39,234 12,652 17,751 2,371 1,821 133,539 2,127 5~301 214~796 31,022 126~624 157~646 57,150 48~353 8~797 21~694 21~694 30,491 9~181 21~310 RO~NOKE REGIONAL AIRPORT COMMISSION COMMISSION Capital Outlay Not Included in Operating Expenses: Project Paint Hangars AIP #01 Terminal Building Additions/Alterations Noise Protection and Soundproofing Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date F~xpenditures $ 35,800 269,712 7,602,415 50~262 7,958,189 6~962~085 NOTE: Some of these projects are continued from FY 87and FY88 with inception to date totals. CITY OF ROANOKE CIVIC CENTER FUND COMPARATIVE INCOME STATEMEnt FOR THE 1 MONTH ENDED JULY 31, 1988 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Com~aissions Total Operating Revenue Less: Operating Exp. Before Depreciation Administrative: Personal Services Utilities and Communications Administrative Expenses Promotional Expenses: Personal Services Services and Charges Total Operating Exp. Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income 1988 13,640 1,661 245 567 14,266 30,379 38,286 26,861 35,356 4,797 370 105,670 75,291) 26r911 102~202) 4,407 376 4r783 1987 $ - 295 5r348 5~643 35,675 34,130 75,127 12,512 179 157~623 151,980) 24~103 176,083) 4,771 444 5~215 Net (Loss) $( 97,419) S/ 170~868) CIVIC CENTER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Other Equipment Steps on Terrace and Handicap Ramp Total Project Expenditure Less Prior Year Expenditure Total Current Year Expenditures Year to Date Expenditures $ 7,855 15~726 23,581 15~726 $ 7~855 NOTE: Some of these projects are continued from FY87 and FY88 with inception to date totals. CITY OF ROANOKE INTERNAL SERVICE FUND COMPARATIVE INCOME STATEMENT FOR THE 1 MONTH ENDED JULY 31, 1988 Operating Revenue: Charges for Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Total Non-Operating Income 1988 $ 372,588 372~588 259,989 132,386 392~375 19,787) 51~503 71,290) 4,057 4~057 1987 387~906 387,906 249,844 171,882 421~726 33,820) 37,009 70,829) 7~144 7,144 Net (Loss) $( 67,233) $~ 63,685) IN~ERNAL SERVICE FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project CIS - Other Equipment ULS - Furniture and Equipment ULS - Land Purchase Year to Date Expenditures $ 34,789 547 155 Total $ 35,491 CITY OF 80ANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL 5TATENENT DF ACCOUNTABILITY FOR HONTH ENSEO dULY 21, 1988 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACC0UNTABILITY OF THE CITY TREASUDER OF THE CITY OF ROANOKE, FOR THE FUNDS DF SAID CITY THE MONTH ENDED JULY 91, 1988. VIRGINIA KUNB BALANCE AT RECEIPTS DISBURSENENTS BALANCE AT BALANCE AT JUNE BO, 1988 JULY 31, 1988 JULY 81, 1987 GENERAL $11,§77,112.63 $8,918,&90.38 $9,688,427.&8 $10,85S,275.BB $8,464,57822 CAPITAL $13,951,640.05 $5,683,439 S4 $494,547 §8 $19,140,531.71 $18,886,830.65 OEDT SERVICE $6,0§9,613.48 $1,096,300.69 $6,753,884.81 $408,639.36 $5,859,41793 WATER $3,048,480.90 $370,5D5 97 $111,88770 $S,307,059.17 $1,760,378.68 SEWAGE TREATMENT $3,135,560.31 $864,33S.46 $S48,733.34 S3,841,1§9.43 $4,266,954.64 AIRPODT $1,3§0,670.I0 $1,073,476.24 $998,094.01 $1,486,113 33 $3,776,S19.74 CIVIC CENTER $TT1,834.43 $35,134.08 s70,389.03 $736,639.53 $754,617.18 INTERNAL 5EDUICE $8S5,8S6.37 $18,615.15 $250,110.96 $588,360.56 $1,078,9§E68 PAYROLL ($1,4SB,340.59) $§,S89,438.37 $6,578,670.97 ($8,71l,S83.19) ($S6,819.84) PUBLIC ASSISTANCE ($S65,544.06) $883,898.54 $307,734 31 ($289,379.83) $10,S36.73 FIFTH DI5T CONSORTIUM ($4,877.S7) $118,09764 $139,960.35 ($89,739.88) $89,797.67 GRANT PROGRAM5 ($429,114.3S) $313,S81.1§ $644,480.39 ($760,373.56) ($248,301.48) TOTAL $371588,83D.OB $SB,551,149.91 $36,SB6,191.03 $34,909,790.96 $33,677,55&.77 CERTIFICATE I HERESY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF NY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNOS OF THE VARIOUS ACCOUNTS THEREOF FOR THE NONTH ENDING JULY 31, 1988 THAT 5AIS FOREGOING: CERTIFICATES CASH OF DEPOSITS UNITES 5TATES SECURITIES TOTALS CASH IH HAND CASH IN BONINION BANK INUESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: DONINION BANK COLONIAL AMERICAN NATIONAL BANK 5OUDAN BANK CREBTAR BANK SIGNET BANK CENTRAL FIDELITY COREAST SAUINBS BANK $66,377.99 $66,37T.99 $937,412.97 $997,413.97 $15,000,000.00 SB,OOO,O00.O0 S3,900,000 O0 $3,900,000.00 $15,000,000.00 $3,000,000.00 S§,000,000.00 $7,000,000.00 $7,000,000.00 TOTAL5 $1,003,790.96 $30,000,000.00 $3,900,000.00 $34,903,790.96 OATE: AUGUST 5, 1980 ~ / /~, ' ROANOKE CITY TREASURER CITY OF ROANOKE PENSION PLAN STAT~MENT OF P,E%~NUE AND EXPENSES FOR THE 1 MONTH ENDED JULY 31, 1988 City's Contributions Investment Income Gain or (Loss) on Sale of Investments Income from Bond Discount Amortization Total Revenue 1988 1987 $ 88,503 $ 177,065 ( 467,386)(1) ( 411,200) ( 1,212) 194,601 19~591 20~669 TI 360f504) TI 18,865) EXPENSES Pension Payments Cormmissions Active Service Death Benefit Expense from Bond Premium Amortization Insurance Expense Administrative Expense Total Expenses Net (Loss) Year to Date 476,919 (2) $ 339,906 70,832)(1) 181 23,109 22,421 471 1,222)(1) 166 427~974 363~145 788f478) TI 382f010) (1) Accruals as of 6/30/88 (2) Includes one time lump sum payment (3%) 16 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF JULY 31, 1988 ASSETS Cash Investments: (market value - 1988 $89,152,525 and 1987 $89,882,518) Prepaid Ex~penses Total Assets 1988 780 85,836,704 1987 2,893 79,124,073 4~709 $79~131r675 LIABILITIES AND FUND BALANCE Fund Balance, July 1 Net (Loss) Year to Date Fund Balance Total Liabilities and Fund Balance $86,625,962 $79,513,685 ~ 788,478) ( 382~010) 85r837~484 79~131~675 }85,837~484 $79~131,675 Office oftheCJtyClerk August 24, 1988 Fi le #60-53B-217 ~r. Joel M. Schlanger Director of Finance Roanoke, Virginia Oear ~r. SchIanger: I am attaching copy of Ordinance No. 29273, amending and reor- daining certain sections of the 1988-89 Capital Fund Appropriations, providing for' the appropriation of $10,000,700.00 in bond proceeds and premiums from the sale of Public Improvement Bonds Series 1988 to the categories for which the bonds were sold, which Ordinance No. 29273 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 22, 1988. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP: ra Eric. pc: Mr. W. Robert Herbert, City Manager Room'456 MuntcipalBulldlng 215(~urchA',~ue.S.W. Roano~e,~lrg~nia2a011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of August, 1988. No. 29273. AN ORDZNANCE to amend and reordain certain sections 1988-89 Capital Fund Appropriations, and providing for an emergency. of the Government of the exist. THEREFORE, WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 Capital Fund Appropriations, De, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Capital Improvement Reserve Public Improvement Bonds Series 1988 (1-4) ......... 1) Storm Drains (008-052-9603-9176) $ 4,225,700 2) Schools (008-052-9603-9182) 3,525,000 3) Streets & Bridges (008-052-9603-9181) 1,500,000 4) ParKs (008-052-9603-9180) 750,000 $ 8,199,733 6,376,624 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk August 22, 1988 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Appropriation of Public Improvement Bonds Series 1988 The City recently received the sale of Public $700 was received These funds should be Fund to the categories below: $10,000,700 of proceeds from Improvement Bonds Series 1988. A premium of along with the $10,000,000 of bond proceeds. appropriated within the Capital Projects for which the bonds were sold, as shown Storm Drains Schools Streets and Bridges Parks Total $ 4,225,700 3,525,000 1,500,000 750,000 $10,000t700 In the future, as specific projects are identified, funds will be transferred to each account. Funds can be transferred only by action of City Council. The attached budget ordinance appropriates $10,000,700 in bond proceeds and premiums to the categories as shown above. I recommend it for your adoption. JMS:dp Of~ceofthe City Clerk August 24, 1988 File ~60-237 ~r. Joel M. Schianger Director of Finance Roanoke, Virginia Dea?' M~". SchIanger: I am attaching copy of O?'dinance No. 29274, amending and daining certain sections of the 1988-89 Gene~,aI and Capital Funds Appropriations~ providing for the approp~'iation of $200,000.00 for initiation of su~'veying and plot preporation to begin the process of obtaining options on land necessary for the Roanoke River Flood Reduction Project, which Ordinance No. 29274 was adopted by the Council of the City of Roanoke at a ~.egular meeting held on Monday, August 22, 1988. Sincerely, ~ Ma~y F. Pa~ker, CMC City Clerk MFP: ;'a EnCo pc: M~'. Wo Robert He,'bert, City Manage~' Mr. Kit Do Kise?', Director. of Utilities and ©De;'ations P, oom456 MunlcipalBuildlng 215 Church Avenue, S.W. Roanc~e, Vtrg~nio24011 (703)98'1-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of August, 1988. No. 29274. 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 Non-Departmental Transfer to Other Funds (1) ......................... Fund Balance Capital Maintenance & Equipment Replacement Program- - ~ity Unappropriated (2) .......................... Capital Fund Appropriations Other Infrastructure Roanoke River Flood Reduction Project (3) ........... Transfer to Capital Projects CMERP - City Appr. from General Revenue (001-004-9310-9508) $ 200,000 (001-3323) (200,000) (008-052-9617-9003) 200,000 $11,265,946 9,298,754 $ 5,273,909 $ 1,333,046 200,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk August 22, 1988 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Roanoke River Flood Reduction Project On August 8, 1988, City Council approved Alternative "A" of the City Manager's report which included a recommendation of appropriating $200,000 for initiation of surveying and plot preparation to begin the process of obtaining options on land necessary for this project. Attached is recommendation. Funds CMERP funds. a budget ordinance which accomplishes this are available from the fiscal year 1988 JMS:dp cc: W. Robert Herbert Wilburn C. Dibling, Jr. Kit Kiser Office of Yne City Cier~ August 24, 1988 File #215-169 Mr. Edward A. Natt Attorney P. 0. Box 20068 Roanoke~ Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinance No. 29275, authorizing the Trustees of Covenant Presbyterian Church to take and hold more than four acres of land in the City, subject to certain terms and conditions, which Ordinance No. 29275 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 22, 1988. Sincere fy, Mary F. Pa~'ker, CMC City Clerk MFP: ;'cz Ene. pc: M~'o W. Robert Herbert, City Manager Mro Cordon E. Peters, City Treasurer Mro Jerome $. Howard, Jr., Commissioner of Revenue Room456 Munlcil:~alBullding 215 Cl~'c~ Avenue, S.W. Roano~e, Virg~nia2401'l (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd day of August, 1988. No. 29275. AN ORDINANCE authorizing the Trustees Church to take and hold more than subject to certain terms emergency. VIRGINIA, of Covenant Presbyterian four acres of land in the City, and conditions, and providing for an BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Trustees of Covenant Presbyterian Church are hereby authorized to take and hold in the City such lands as it deems necessary to locate, relocate or expand its facilities, such lands not to exceed a total of 6.1 acres, more or less, which total shall include the properties presently owned by the Trustees in the City, and all such lands shall be devoted exclusively to such uses as are permitted by ~57-12, Code of Virginia (1950), as amended. This authorization is contingent upon the subdivider of the property which is being acquired by the church complying with requirements numbered 1, 2 and 3 of the Addendum to the Subdivider's Agreement dated April 15, 1988, which document is on file with the City's Engineering Department. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. OFFICE OF THE CITY ATTORNEY August 22, 1988 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Covenant Presbyterian Church Dear Mrs. Bowles and Gentlemen: At your meeting of August 8, 1988, Council received a request from the attorney for the Trustees of Covenant Presbyterian Church to approve the Church's acquisition of an additional 2.875 acres of land adjacent to its existing Church property on the west side of Deyerle Road, S. W. The purpose of the acquisition is to provide for additional parking for the Church and also to provide additional land for possible expansion of the Church at some future date. According to $57-12 of the Code of Virginia (1950), as amended, a church may not hold in excess of 4 acres of land in a city without approval of city council. Although Council has informally endorsed the Church's action by motion, an ordinance is required by State Code. The property which is being acquired by the Church is part of a resubdivision of the property of the heirs of A. M. Renick, Sr. As part of the subdivision review process, the subdivider has agreed to provide certain plans, plats and other documentation regarding the subdivision and also performance guarantees pertaining to improvements to Deyerle Road, S. W. I am advised that the subdivider has not yet complied with all of the obligations of this agreement. In order to provide some assurance that the Subdivider's Agreement will be fully implemented, the attached ordinance which authorizes the Church to hold in excess of four acres of land in the City makes such authorization contingent upon the subdivider's compliance with these re- quirements. We have been advised by counsel for the Church that the form of this ordinance is suitable for the Church's purposes at this time. Sincerely yours, William X Parsons Acting City Attorney WXP:ps Attachment CC: W. Robert Herbert, City Manager Ed Natt, Esquire C. John Renick, Esquire Ofl~ce ~ the Oily Cle~ August 24, 1988 File #51 ~,~. & ,~,~rs. Stephen ~. Langston 1326 5eI leview Avenue, S. E. Roanoke, Virginia 24014 DER',' Mr. & ~4rs. Langston: I am enclosing copy of ©rdinance No. ~9238, rezoning a parcel of land located at 646 Elm Avenue, S. W., described as Lot 4, ~Iock 4, Lewis Reserve Map, Official Tax No. 1120703, f~om RM-2, Residential Multi-Family, Medium Density District, to C-1, Office District, which Ordinance No. ~9238 was adopted by the Council of the City of Roanoke on first ~eading on Monday, August $, 1988, also adopted by the Council on second reading on Monday, August 22, 1988, and will take effect ten days fallowing the date of its second reading. Sincerely, Mary F. Parker, C~iC City Clerk MFP: ra pc: Mr. Maston K. Moor~nan, 627 Walnut ivenue, S. ~., Roanoke, Virginia 24014 Mr. Charles 'W. Howell, 786 North Belvedere ~ouIeva~'d, Roanoke, Virginia 24014 Ms. LeIlie F. Riggle, 641 Elm Avenue, S. W., Roanoke, Virginia 24016 Ms. Shirley J. Cart, 25 Fifth Avenue, New York, New York 1O003 _~,4r. Daniel Bordett, .3625 Gaye Lane, S. W., Roanoke, Virginia 24018 Ms. Mary S. Martin, 353'2 Princeton Circle, N. E., Roanoke, Virginia 24012 Mr. Wayne G. Strickland, E~ecutive Director, Fifth Planning District ConYnission, P. 0. Box 2569, Roanoke, Virginia 240~0 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011 (703) 981-254t Mro & Mrs° Page 2 August 24, Stephen E. Langston 1988 pc: Mr. W. Robert Herbert, City Manager Mr. WiIburn C. DibIing, J?.., 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 ~r. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William M. Hackworth, Assistant City Attorney Mr. Charles M. Huffine, City Engineer Mr.. Ronald H, Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd day of August, 1988. No. 29238. VIRGINIA, AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 112, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-i, Office 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 August 8, 1988, 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 936.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 112 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a parcel at 646 Elm Avenue, S. W., being Lot 4, Block 4, Lewis Reserve Map, designated on Sheet No. 112 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1120703 be, and is hereby rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-l, Office District, subject to those conditions proffered by and set forth in the petitioners' Second Amended Petition to Rezone filed with the City Clerk on June 30, 1988, and that Sheet No. 112 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission August 8, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Stephen E. and Margaret A. Langtson that a tract of land located at 646 Elm Avenue, S.W., described as Lots 4, Block 4, Lewis Reserve, Official Tax No. 1120703, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-l, Office District, such rezouing to be subject to certain conditions proffered by the petitioner. I. Background: me Purpose of the rezoning is to provide general office space for a graphic arts business, while at the same time preserving an existing structure. Be Zoning Ordinance intends for the C-1 district to preserve the existing residential character of the neighborhood and its viability by allowing limited commercial uses in appropriate existing or new structures. The uses may include professional and business services, and other such uses for which existing structures may be adapted without changing their essential character. The Zoning Administrator has determined that this use is permitted in the C-1 District. Petition to rezone was filed on June 14, 1988, along with a conceptual development plan. An amended petition and revised conceptual development plan was filed on June 30, 1988. The following condition was proffered: Ail development on the site will be in substantial conformance with the conceptual development plan subject only to such modifications as may be required by the City of Roanoke Architectural Review Board and/or the site plan review process. Room 355 Municipal Building 215 Church Avenue, 5.W P,~x~noke, Virginia 2401 t (703) 981-2344. Roanoke City Council Page 2 De Plannin~ staff recommended that the proposed rezoning be approved. Plannin~ Commission public hearin~ was held on July 6, 1988. Mr. Waldvogel reported he had received a phone call from the president of Old Southwest, Inc., advising him the organization had taken no position on the request. Mrs. Goode said that she felt the proposed use was a good one and possibly a way to get good things going on Elm Avenue. II. Issues: me Zonin~ is presently RM-2 within an H-2 overlay district. C-2 zoning occurs to the west of the site along Elm Avenue. The remaining boundaries adjoin RM-2 (H-2) zoning. Land use of the site is currently residential. Surrounding land use to the north, east and south is residential. The adjoining residential uses are a mix of both single family and multi-family structures. To the west, co~ercial uses include an art studio trading as Art Images and a future architectural office. C. Utilities would not be affected. Traffic would not be affected. Low intensity trip generation is anticipated, therefore, no adverse impact on the area roadway system is expected. E. Flood plain does not impact on the site. Fe Neighborhood along Elm Avenue is a mixture of primarily residential structures having architectural and historic significance. Existing commercial uses in this area also utilize buildings of compatible architectural style and help preserve the character of the neighborhood. The H-2 designation in this area helps to further foster rehabilitation and preserve the neighborhood character and streetscape. A trend toward in rehabilitation is expected to continue. Adjoining owners have been notified. Comprehensive Plan recommends that neighborhood centers and potential changes to compatible office use be developed. This site falls within an area that is proposed for such a potential compatible change in development. III. Alternatives: A. City Council approve the rezoning request. Zonin~ becomes C-1 within an H-2 district. Structure is rehabilitated. 2. Land use becomes compatible commercial use. Roanoke City Council Page 3 3. Utilities are available. 4. Traffic would not be affected. 5. Flood plain would not be affected. 6. Comprehensive Plan would be followed. B. City Council deny the rezoning request. 1. Zonin~ remains RM-2. No rehabilitation occurs. 2. Land use is unchanged. 3. Utilities are unaffected. 4. Traffic is unaffected. 5. Flood plain is unaffected. Comprehensive Plan intent to encourage compatible commercial development is ignored. IV. Recommendation: By a vote of 5-0 (Mr. Price and Mr. Bradshaw absent), the Planning Commission recommended approval of the requested rezoning. C-1 zoning on the property would preserve the character of the neighborhood, initiate the rehabilitation and adaptive reuse of an existing structure and provide a less intensive commercial use as a transition from the adjoining C-2 zone to the west. Respectfully submitted, Michael M. Waldvogel, Chairm~ Roanoke City Planning Commission JRM:JTT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Petitioner President, OSW, Inc. IN THE COUNCIL OF THE CITY OF ROANOKE, VI'RGINIA IN RE: Rezoning Of the property at 646 Elm Ave., ) SW (Lot 4, Block 4, Lewis Reserve), tax ) number 1120703, from RM-2 to C-I, such ) rezoning to be subject to certain ) conditions. ) SECOND A/~ENDED PETITION TO REZONE TO THE HONORABLE MAYOR ~ND MEMBERS OF THE COUNCIL OF TIIE CITY OF ROANOKE: The Petitioner, Stephen E. and Margaret A. Langston, has a contract to buy, subject to rezoning, the property located at 646 Elm Ave., SW, tax no. 1120703. Said tract is currently zoned ~M-2. 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 to C-l, subject to certain conditions set forth below, for the purpose of office space for a graphic arts business. The Petitioner believes the rezoning of the said tract will further the intent and purposes of the City's Zoning Ordinance and its compre- hensive plan, in that it will not be disruptive to the character of the neighborhood and will assure proper matntanance of an older home. 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. Ail development on the site will be in substantial conformance with the attached conceptual development plan subject only to such modtfi- cations as may be required by the City of Roanoke Architectural Review Board and/or the site plan review process. Attached as Exhibit B are the names, addresses and tax numbers of the owners of all lots or property imm~ediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE j 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 9th day of June, 1988. Respectfully submitted, Stephen E. and Margaret A. Langston 1326 Belleview Ave., SE Roanoke, VA 24014 703-345-8725 (h) 703-345-8973 (w) EXHIBi ADJOINING PROPERTY OWNER LIST Official Tax Number 1120515 1120516 1120517 1120718 1120702 1120704 Owner's Name and Mailin~ Address }~ston K. Moorman 627 Walnut Ave., SE Roanoke, VA 24014 Charles W. Howell 786 North Belvedere Blvd. Memphis, TN 38107 Lellie Frances Riggle 641 Elm Ave., SW Roanoke, VA 24016 Shirley Josephine Cart 25 5th Ave. New York, NY 10003 Daniel Bordett 3625 Gay Lane Roanoke, VA 24018 Mary S. Martin 3532 Princeton Circle, NE Roanoke, VA 24012 CATION ~' ~,,/ · '~ Office of ~e 0~/ Geck July 21, 1988 File #51 Mr. & Mrs. Stephen E. Langston 1326 Delleview Avenue, S. E. Roanoke, Virginia 24014 Dear Mr. & Mrs. Langston: I am enclosing copy of a report of the City Planning Cor~wission recommending that the Council of the City of Roanoke grant your request that a parcel of land located at 646 Elm Avenue, S. W., being Lot 4, Block 4, Lewis .Reserve Map, bearing Official Tax No. 1120703, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-1, Office District, subject to certain proffered conditions. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, August 8, 1988, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which Ordinance was prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may con- tact Mr. William M. Haekworth, Assistant City Attorney, at 981-2431. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP: ra Enc. pc: Mr. Maston K. Moorman, 627 Walnut Avenue, S. E., Roanoke, Virginia 24014 Mr. Charles W. Howell, 786 North Belvedere Boulevard, Roanoke, Virginia 24014 Room456 Munlclpal~ullc#ng 215(hura~Ave~ue, S.W. Roanoke, Vlrg~nla24011 (703)981-254t Mr. & Mrs. Stephen E. Langston Page 2 July 21, 1988 pc: Ms. Lellie F. Riggle, 641 Elm Avenue, S. W. Roanoke, Virginia 24016 ' Ms. Shirley J. Cart, 25 Fifth Avenue, New York~ New York 10003 Mr. Daniel Bordett, 3625 Gaye Lane, Roanoke, Virginia 24018 MS. Mary S. Martin, 3532 Princeton Circle N. E. Roanoke, Virginia 24012 ' ' Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, p. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr Wilburn C. Dibling, Jr. City Attorney Mr Mr Mr Mr, Mr. Mr. Administrator Mr. John R. Commission Ms. Doris Layne, Von W. Moody, III, Director of Real Estate Valuation Michael M. Waldvogel, Chairman, City Planning Commission L. Elwood Norris, Chairman, Board of Zoning Appeals William F. Clark, Director of Public Works Kit Bo Kiser, Director of Utilities and Operations William M. Hackworth, Assistant City Attorney Charles M. Huffine, City Engineer Ronald H. Miller, Building Cort~nissioner and Zoning Marlles, Agent/Secretary, City Planning Office of Real Estate Valuation nO NuMd~m 7ZOlel7b blTY OF KU~NO~C L/G MARY F CiTY ~LER~$ GFFiC~ KG~M ~5o MUNILIP~ ~FFIO~viT Gr PUoLiC~TIUN limbo ~ ~C~Lu-Hb~$, A U~iLY NEwSPAPeR NOTICE ~A5 PuoLIS~cu IN b~iG Nc~$PAHbRS ON fHE FOLLG.IN~ u~TES 07129/~ MCaN i,'~u C, FFICER $ 3iGNAfUK~/ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, August 8, 1988, 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 C-i, Office District, the following proper- ty: A parcel at 646 Elm Avenue, S.W., being Lot 4, Block 4, Lewis Reserve Map, and bearing Official Tax No. 1120703. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 20th day of July ,1988 Mary Please publish in full twice, once on Friday, July 22, 1988, and once on Friday, July 29, 1988, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 F. Parker, City Clerk Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Office of fl~e City Oen~ June 28, 1988 File #51 Mr. Michael 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 an amended petition from Stephen E. and Margaret A. Langston, requesting that a tract of land located at 646 Elm Avenue, S. W., described as Lot 4, Block 4, Lewis Reserve, Official Tax No. 1120703, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-1, Office District, subject to certain proffered conditions. Sincerely, ~i~.~..~.. Mary F. Parker, CMC City Clerk MFP: ra pc: Mr. & Mrs. Stephen E. Langston, 1326 Belleview Avenue, S. E., Roanoke, Virginia 24014 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room456 MunlclpalBullding 215 0nun:h Avenue, S.W. Roanoke, Vtrg~la24011 (703)981-2541 IN RE: IN hie COUNCIL OF THE CITY OF ROANOKE, Rezoning of the property at 646 Elm Ave., ) SW (Lot 4, Block 4, Lewis Reserve), tax ) number 1120703, from RM-2 to C1, such ) rezoning to be subject to certain ) conditions. ) AMENDED PETITION TO REZONE TO THE HONORABLE ~YOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Stephen E. and ~rgaret A. Langston, has a contract to buy/ subject to rezoning, the property located at 646 Elm Ave., SW, tax no. 1120703. Said tract is currently zoned RM-2. 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 to C-l, subject to certain conditions set forth below, for the purpose of office space for a graphic arts business. The Petitioner believes the rezoning of the said tract will further the intent and purposes of tile City's Zoning Ordinance and its compre- hensive plan, in that it will not be disruptive to the character of the neighborhood and will assure proper maintenance of an older home. 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. All development on the site will be in conformance with the conceptual development plan to the fullest extent possible. Attached as Exhibit B are the names, addresses and tax numbers of the owners of all lots or property immedia~ely adjacent to or immediately 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 9th day of June, 1988. Respectfully submitted, Stephen E. and Margaret A. Langston 1326 Belleview Ave., SE Roanoke, VA 24014 703-345-8725 (h) 703-345-8973 (w) ADJOINING PROPERTY OWNER LIST Official Tax Number 1120515 1120516 1120517 1120718 1120702 1120704 Owner's Name and Mailin8 Address }~ston K. Moorman 627 Walnut Ave., SE Roanoke, VA 24014 Charles W. Howell 786 North Belvedere Blvd. Memphis, TN 38107 Lellie Frances Riggle 641 Elm Ave., SW Roanoke, VA 24016 Shirley Josephine Cart 25 5th Ave. New York, NY 10003 Daniel Bordett 3625 Gay Lane Roanoke, VA 24018 Mary S. Martin 3532 Princeton Circle, NE Roanoke, VA 24012 DEVELOPNTP~~N ELH AVENUE 2400 S.F. 9'x18' space 9'x18' space 9'x18' space 9'x18' space 9~x18~ space 9'x18' space 9'x18' space Privacy Fence ALLEY RUNNING BETWEEN ELM AVE. & MOUNTAIN AVE. Office of the City ClerN June 14, 1988 File #51 Mr. Michael M. Waldvogel Chairman City Planning Corrcnission Roanoke, Virginia Dear Mr. Waldvoget: 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 Stephen E. and Margaret A. Langston, requesting that a tract of land located at 646 Elm Avenue, S. W., described as Lot 4, Block 4, Lewis Reserve, Official Tax No. i120703, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-1, Office District, subject to certain proffered conditions. MFP: ra Enc. pc: Sincerely,/.~.~d~' /?~g~.~ Mary F. Parker, CMC City Clerk Mr. & Mrs. Stephen E. Langston, 1326 Betleview Avenue, S. E., Roanoke, Virginia 24014 Mr. John R. Marlies, Agent/Secretary, City Planning Commission Mr. Ronald B. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Atto,ney Room456 MunictDalBulldlng 215C~urchAv~-~ue, S.W.P~anoke, V~rg~nia2~1011 (703)98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA IN RE: Rezoning of the property at 646 Elm Ave., ) SW (Lot 4, Block 4, Lewis Reserve), tax ) number 1120703, fromm-2 to C1, such ) rezoning to be subject to certain ) conditions. ) PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Stephen E. and Margaret A. Langston, has a contract to buy, subject to rezoning, the property located at 646 Elm Ave., SW, tax no. 1120703. Said tract is currently zonedg~,-2. 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 fJ~'-2 to C-i, subject to certain conditions set forth below, for the purpose of office space for a graphic arts business. The Petitioner believes the rezoning of the said tract will further the intent and purposes of the City's Zoning Ordinance and its compre- hensive plan, in that it will not be disruptive to the character of the neighborhood and will assure proper maintenance of an older home. 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. Parking spaces for 2 or 3 cars will be installed in the back yard of the property. 2. Petitioner will assist in maintaining alleyway leading to back of the property where necessary. Attached as Exhibit B are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. ~HEREFORE, 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 9th day of June, 1988. By: Respectfully submitted, Stephen E. and Margaret A. Langston 1326 Belleview Ave., SE Roanoke, VA 24014 703-345-8725 (h) 703-345-8973 (w) ~_~J!LL.z_ I 3 I 4 / / EXHIBIT B ADJOINING PROPERTY OWNER LIST Official Tax Number 1120515 1120516 1120517 1120718 1120702 1120704 Owner's Name and Mailin$ Address Maston K. Moorman 627 Walnut Ave., SE Roanoke, VA 24014 Charles W. Howell 786 North Belvedere Blvd. Memphis, TN 38107 Lellie Frances Riggle 641 Elm Ave., SW Roanoke, VA 24016 Shirley Josephine Cart 25 5th Ave. New York, NY 10003 Daniel Bordett 3625 Gay Lane Roanoke, VA 24018 Mary S. Martin 3532 Princeton Circle, NE Roanoke, VA 24012 lYpesettino I[[l[[ June 9, 1988 Dan Frei President, Old SW Alliance 1014 3rd St., SW Roanoke, VA 24016 Dear Mr. Frei, This letter is to follow up our phone conversation on June 7 regarding the property we wish to purchase at 646 Elm Ave. To restate my case briefly, my wife and I are the owners of a small business,. Marathon Typesetting, a graphics and typesetting service presently located near downtown. We need more space and the house at 646 Elm is ideal for us. As you know,it is adjacent to Art Images silk screening and the new architect's office going up on the corner. We are putting in a request to the city that they rezone the property as C-1. We can assure the Old Southwest organization that we plan no structural changes to the house, nor any changes in outward appearance other than a modest sign and needed repairs. We plan to put a few parking places in the back off the alley, and this would be enough to accommodate the amount of customers we might have at any given time. We don't see our business as disruptive in any way, but well in keeping with the immediate neighborhood. Our contact at the city planning office sounded encouraging, and unless there are strong objections from your corner a successful relocation of our office to Elm Avenue is anticipated. If you or any members of the alliance would like more details about our business please feel free to contact me evenings at 345-8725. Sincerely, Steve Langston cc: Tom Tasselli, City Planning Office 426-A WEST CAMPBELL ,&.,VENUE, ROANOKE, VIRGINIA 24016 . (703) 345-8973 FRONT PORCH PARKING PARKING EX[STING GARAGE (Employee Parking) ALLEY SCALE: Vs" = 1 FOOT TO THE CITY CLERK OF THE CITY OF R~AN6KE~, VIRGINIA PERTAINING TO THE REZONING UE~,T ~F: ,;',~' Request from Stephen E. and Margaret A. Langston that a tract ) of land located at 646 Elm Avenue, S.W., described as Lots 4, ) Block 4, Lewis Reserve, Official Tax Ne. 1120703, be rezoned from RM-2, Residential Multi-Family, Medium Density District to C-i, Office District, such rezoning to be subject to certain conditions proffered by the petitioner. COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) )AFFI- )DAVIT ) ) The affiant, Martha P. 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 27th day of June, notices of a public hearing to be held on the 6th day of July, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: OWNER, AGENT OR OCCUPANT PARCEL 1120515 1120516 1120517 1120718 1120702 1120704 ADDRESS 627 Walnut Avenue, SE Roanoke, VA 24014 786 North Belvedere Blvd. Roanoke, VA 24014 641 Elm Avenue, SW Roanoke, VA 24016 25 5th Avenue New York, NY 10003 3625 Gaye Lane Roanoke, VA 24018 3532 Princeton Circle, NE Roanoke, VA 24012 Maston K. Moorman Charles W. Howell Lellie Frances Riggle Shirley J. Carr Daniel Bordett Mary S. Martin a P. Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 27th day of June, 1988. My Co~mission Expires: Notary P~ Office af ~he City Cler~ July 6, 1988 File #51 Mr. Michael 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 second amended petition from Stephen E. and Margaret A. Langston, requesting that a tract of land located at 646 Elm Avenue, S. W., described as Lot 4, Block 4, Lewis Reserve, Official Tax No. 1120703, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-1, Office District, subject to certain proffered conditions. Sincerely,~x~[~, ~..~ Mary F. Parker, C~IC City Clerk MFP: ra pc: Mr. & Mrs. Stephen E. Langston, 1326 ~elleview Avenue, S. E., Roanoke, Virginia 24014 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. ltackworth, Assistant City Attorney Room 456 Municipal Building 2t5 ~urch A~ue, S.W. Roanoke, Virginia 2401~ (703) 981-254¢ Office of the City Clerk August 24, 1988 File #51 ~r. Michael ~. WaldvogeI, City Planning Commission Roanoke, Virginia Ch a i ;-'ma n Dear Mr. Waldvogel: I am attaching copy of Ordinance No. 29240, rezoning twelve par- ceIs of land located on the south side of Shenandoah Avenue, N. W., lying both east and west of its intersection with 25th Street, N. W., designated as Official Tax Nos. 2410204 2410213, respectively, and Official Tax No. 2311001 and 2311004, f~'om LM, Light Manufacturing District, to C-2, General Commercial District, which Ordinance No. 29240 was adopted by the Council of the City of Roanoke on first reading on Monday, August 8, 1988, also adopted by the Council on second ;"eading on Monday, August 22, 1988, and will take effect ten days following the date of its second reading. Sincel.eiy, ~ Mary F. Parker, CMC City Clerk MFP: ra Enc. pc: Ms. Mary R. Waynick, 306 First St~'eet, Vi;~inia 24011 Ms. Natalie R. Foster, 306 First Street, Virginia 24011 Mr. & ~'~rs. Lawrence r~. Fenzel, 419 Elm ~oanoke, Virginia 24011 Mr. & Mrs. James J. Cooper, 26 Wortham Virginia 24153 Mr. & Mr s . Virginia Ms. Berta Virginia S. W. S. S t'~'ee t , Grady C. Wimmer, 66 Texas Hollow Road, 24153 Roanoke, S. W. , Sa l em, .Sa I em, B* Adkins, 2505 Shenanaoah Avenue N. W., Roanoke, 24017 ' Room456 MuniclpalBuilding 215ChurchAv~'~ue.S.W. Roanoi,~,V~rgmia24011 (703)98t-2541 Mr. Michael M. WaIdvogel Page 2 August 24, 1988 pc: Ms. Elizabeth Cooper, c/o Mr. V. E. Coope~., 26 Worti~am Street, Salem, Virginia 24153 Mr. & Mrs. Malcolm M. Rosenberg, p. 0. Bo3c 1078, Roanoke, Virginia 24005 M~'. & Mrs. MacIe L. Conner, 120 Poplar Drive Blue Ridge, Vi~'cJinia 24064 Trustees of the Met~opolitan Baptist Church, 2532 Shenandoah Avenue, N. W., Roanoke, Virginia 24017 ~!4r. Ray L. Pollard, Jr., 130 Sycamore Avenue, hi. E. Roanoke, Virginia 24012 ,~4'r. Arthur J. Munsey, 2446 Shenandoah Avenue, N. Ill., Roanoke, Virginia 24017 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, p. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager M'~.. Wiiburn C. Dibling, Jr., City Attorney Mr. Van W. Moody, III, Directoi~ of Real Estate Valuation Mr. Michael M. WaIdvogeI, Chairman, City Planning Commission Mr. L. EIwood Norris, Chairman, Board of Zoning Appeals lir. Wiiliam F. Clark, Director of Public Works ~14r. Kit B. Kiser, Director of Utilities and Operations Mr. William M. Hackworth, Assistant City Attorney Mr. Cha'~'Ies M. Huffine, City Engineer Mr. Ronald H. Mi lIer, Building Commissiaaer and Zoning Admini st;,'ator M;'. John R. Commi ss ion Pi ann lng Ms. Doris Layne, Marl les, Agent/Secretary, City Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd day of August, 1988. No. 29240. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 231 and 241, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from Light Manufacturing District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~36-541, 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 August 8, 1988, at 7:30 p.m., 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 ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 231 and 241 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as twelve lots located on the south side of Shenandoah Avenue, N.W., lying both east and west of its intersection with 25th Street, N.W., designated on Sheet Nos. 231 and 241 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2410204 through and including 2410213, and Nos. 2311001 and 2311004, be, and is hereby rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, and that Sheet Nos. 231 and 241 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission August 8, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from the City Planning Commission requesting that 12 parcels of land lying on the south side of Shenandoah Avenue, N.W., just east and west of its intersection with 25th Street, N.W., Official Tax Nos. 2410204 - 2410213, respetively, and Official Tax Nos. 2311001 and 2311004, be rezoned from LM, Light Manufacturing District to C-2, General Commercial District. I. Back~round: me Purpose of the request is to bring the zoning of the area into conformity with a majority of the existing land uses and the proposed amendment to the Shaffer's Crossing Redevelopment Plan land use map. Planning Commission reviewed and recommended approval of the proposed amendment to the Shaffer's Crossing Redevelopment Plan at the June 1, 1988, meeting. The amendment to the land use map is intended to reflect the pattern of existing land use in those portions of the redevelopment area not to be acquired by the RRHA. Ce RRHA does not have standing under ~15.1-491(g), Code of Virginia (1950), as amended, to file a rezoning petition for property not owned or under contract to purchase by the RRHA. Planning Commission authorized staff to file the rezoning petition. Petition to rezone was filed on June 16, 1988. Petition is unconditional. Proposed resorting consists of a combined area in excess of two acres, fulfilling the requirements of ~36.1-690(g) of the new zoning ordinance. Roc~'n355 MunicipalBuilding 215 Churd~ Avenue, 5W~ Roanoke, Virginia24011 (703) 981-2344 Members of Council Page 2 Plannin~ staff recommended that the proposed rezoning request be approved. II. Plannin~ Co~m~ission public hearing was held on July 6, 1988. Mr. Kent Roberts (Save-X) appeared before the Commission to support the proposed amendment. Mr. Roberts stated that his existing gas station/commercial establishment was presently a non-conforming use in the LM zone. He noted the proposed rezoning would allow him to improve and upgrade his facility. Issues: Zoning is presently LM, Light Manufacturing District. Zoning to the east, west, and south is also LM. Zoning to the north, across Shenandoah Avenue is zoned RM-1; Residential Multi-family district. Land uses in the area requested for rezoning include a restaurant, gas station, convenience store, church, and vacant structure suitable for commercial uses, telephone maintenance contractor's office, and storage yard. Utilities for water and sewer are available. Storm water management would have to be handled on site. Transportation is not an issue. Traffic impact would be minimal since most lots are already in commercial use. Neighborhood is a mixture of commercial, industrial, and residential development. There are no active neighborhood organizations in the area. F. Comprehensive Plan recommends that: Development or reuse of small neighborhood shopping areas to serve the needs of area residents should be encouraged. New industrial development should be encouraged on appropriate sites. Valuable industrial land should be protected. III. Alternatives: A. City Council approve the rezoning request. Zonin8 becomes C-2, unconditional. Commercial zoning is consistent with the majority of existing land uses in the area and the proposed amendment to the land use element of the Shaffer's Crossing Redevelopment Plan. The existing outdoor storage yard associated with the telephone maintenance contractor's office would remain non-conforming under the requirements of the C-2 zone. Further development of the outdoor storage yard is restricted under the terms and conditions of the redevelopment plan. Members of Council Page 3 IV. Land use is unchanged. Rezoning to C-2 would bring majority of existing land uses in area into conformity with the City's new zoning ordinance. Proposed rezoning would also afford more flexibility to property owners in the commercial use of their property. Utilities are not an issue. Storm water management could be handled on site. 4. Traffic is not an issue. Neighborhood impact would be positive. The proposed rezoning would provide more flexibility to property owners with commercial uses in providing neighborhood services. 6. .Comprehensive Plan would be followed in that: Commercial development would be consistent with planning goals to provide neighborhood services and would be consistent with the majority of existing land uses in the area to be rezoned. City 1. 2. Given the existing land use pattern, the property, although zoned LM, would be more compatible with residential development directly across Shenandoah Avenue, if developed commercially, than as industrial. Parcels are included in portions of the redevelopment area not to be acquired by the RRHA and are not valuable for industrial development. Council deny the rezoning request. Zonin~ remains LM. Land use restricted to industrial. Existin~ commercial land uses remain non-conforming and unable to expand. 3. Utilities not affected. Traffic not an issue. Volumes for industrial development would be lower than commercial. 5. Neighborhood may be affected by industrial development. 6. Comprehensive Plan could still be followed. Recommendation: By a vote of 4-0-1 (Mr. Jones abstaining, Messrs. Bradshaw and Price absent), the Planning Commission reco=~ended approval of the requested rezoning. The proposed rezoning will bring the majority of existing land uses in the area into conformity with the City's Members of Council Page 4 new zoning ordinance and the proposed amendment to the Shaffer's Crossing Redevelopment Plan. The proposed rezoning would also afford more flexibility to property owners in the commercial use of their property. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:JTT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Land Planning/Subsidized Housing Director, RRHA Mr. Macle Conner, Adjoining property owner VIRGINIA: IN THE COUNCIL OF TH~'CITY ~OF ROANOKE IN RE: Rezoning of twelve (12) parcels of ) land lying on the south side of ) Shenandoah Avenue, N. W., just ) east and west of its intersection ) with 25th Street, N. W., from LM, ) Light Manufacturing District, to ) C-2, General Commerical District ) PETITION FOR REZONING TO: THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL 1. Roanoke City Council has adopted the Shaffer's Crossing Community Redevelopment Plan (CD-27) for the improvement of that part of the City known as the Shaffer's Crossing area. ject area defined by the Plan includes twelve (12) lots by the following Official Tax Numbers: 2410204, 2410205, 2410207, 2410208, 2410209, 2410210, 2410211, 2410212, 2410213, 2311001, and 2311004 (hereinafter referred to as the "Property"). All the Property is situated on the south side of Shenandoah Ave- nue, N. W., lying both east and west of its intersection with 25th Street, N. W. The Property is currently zoned LM, Light Manufacturing District, which zoning the petitioner believes to be inappropriate. Copies of Roanoke City Appraisal Maps Sheets 231 and 241, showing the Property to be rezoned, are attached to this Petition as Exhibit A. 2. Pursuant to the provisions of ~15.1-491(g), the City of Roanoke Planning Commission has directed the filing of this Petition for Rezoning the Property from LM, Light Manufacturing District, to C-2, General Commercial District. The pro- identified 2410206, 3. The Redevelopment Plan does not contemplate that any of the Property will be acquired by the City of Roanoke Redevelopment and Housing Authority for redevelopment. Thus, any redevelopment of these lots will be performed, if at all, by private owners. The current owners of the subject property are listed in Exhibit B to this Petition. 4. The petitioner seeks this rezoning as a component of the Shaffer's Crossing Community Development Project. Much of the subject Property is currently used for commercial purposes (restaurant, gas station, convenience store) or for noncommer- cial purposes permitted in the C-2 district (church). Those not now used commercially contain a vacant structure which would be suited for commercial use (2410204 and 2410205) and an outdoor storage yard for industrial equipment and materials, the furIher development of which would in any event not be permitted under the Redevelopment Plan (2410209 and 2410210). The requested re- zoning would bring the zoning of the majority of the parcels into conformity with their existing uses and would afford more flexi- bility to the property owners in the commercial use of their pro- perty. An amendment to the Redevelopment Plan is being proposed concurrently with this Petition in order to permit commercial uses of the Property. 5. The Property consists of a combined area in excess of two acres, fulfilling the requirements of $36.1-690(g) of the City Code. 6. Attached to this Petition as Exhibit C are the names and addresses of the owners of all property immediately adja- - 2 - cent to or across adjoining streets from the parcels to be rezoned. Accordingly, the petitioner requests that the above-described Property be rezoned as requested in accordance with the provi- sions of the Zoning Ordinance of the City of Roanoke. Respectfully, CITY OF ROANOKE PLANNING COMMISSION Chairman - 3 - EXHIBIT A EXHIBIT ~ ~AFFER'S CROSSING PROPERTY TO BT RE~ONE~ Tax Nos. 2410204 2410205 2410206 2410207 2410208 2410209 2410210 2410211 2410212 2410213 2311001 2311004 Macle L. Conner & Garlene H. Macle L. & Garlene H. Conner Trustees of the Metro- politan Baptist Church Macle L. & Garlene H. Conner Macle L. & Garlene H. Conner Macle L. & Garlene H. Conner Macle L. & Garlene H. Conner Ray R. Pollard, Jr. Ray R. Pollard, Jr. Ray R. Pollard, Jr. Arthur j. Munsey Arthur J. Munsey 120 Poplar Dr. Blue Ridge, VA 24064 Same as Above 2532 Shenandoah Ave., N.W. Roanoke, Va 24017 Same Same Same Same 130 Sycamore Ave., N.E. Roanoke, VA 24012 Same Same 2446 Shenandoah Ave., N.W. Roanoke, VA 24017 Same EXHIBIT C PROPERTY OWNERS TO BE NOTIFIED REGARDiN,. S~AFFER'S CROSSING COMMUNITY DEVELOPMENT PROJECT. CD-~ 2410203 2410216 2410217 2410216 2410219 2410220 2410221 2410222 2410223 2410224 2410225 2410226 Mary R. Waynick & Natalie R. Same Same Same Same Same Same Same Sam9 Same Same 306 First St., S.W. Roanoke, VA 24011 2311005 2311017 2311018 2311019 2311020 2311021 Mary R. Waynick & Natalie R. Foster Same Same Sams Same 306 First St., S.W. Roanoke, VA 24011 2420716 2420717 2420718 2420719 Mary R. Waynick & Natalie R. Foster Same Same 306 First St., S.W. Roanoke, VA 24011 2420720 2420721 2420722 Lawrence L & Ella Sams Same H. Fenzel 419 Elm Ave., S.W. Roanoke, VA 24011 2420724 2420725 2420726 2420727 James J. & virginia E. Cooper Grady C. & Mary E. Wtmmer Bez~ca Boothe Adkins Elizabeth Cooper, Etals c/o V. E. Cooper 26 Woz"cham St. Salem, VA 24153 656 Texas Hollow Rd. Salem, VA 24153 2505 Shenandoah Ave., N.W. Roanoke, VA 24017 26 Wortham St. Salem, VA 24153 2310514 2310515 2310516 2310517 2310518 Malcolm M. & Mildred Ann Rosenberg Sama Same Same Same P. O. Box 1078 Roanoke, VA 24005 ~ ~,~/ OCATION Office ~ the Q~, Qe~ July 21, 1988 File #51 Mr. Michael M. Waldvogel, City Planning Commission Roanoke, Virginia Chairman Dear Mr. Waldvogel: Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing has been scheduled for Monday, August 8, 1988, at 7:30 p.m., on the request of the City Planning Corrgnission that twelve parcels of land lying on the south side of Shenandoah Avenue, N. W., lying both east and west of the inter- section with 25th Street, N. W., described as Official Tax Nos. 2410204 2410213, respectively, and Official Tax Nos. 2311001 and 2311004, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. The public hearing will be held in the Council Chamber, fourth floor of the Municipal Building. For your information, I am 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 any questions, you may contact Mr. William M. Rackworth, Assistant City Attorney, at 981-2431. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Enc. pc: Ms. Mary R. Waynick, 306 First Street S. W. Roanoke, Virginia 24011 ' Ms. Natalie R. Foster, 306 First Street, S. W., Roanoke, Virginia 24011 Room 456 Munlclpol Building 2t5 (~urch Avenue, S.W. Ic~:~'x:~e, Virginia 24011 (703) 981-2541 Mr. Michae! M. Page 2 July 21, 1988 WaIdvoge! pc: Mr. & Mrs. Lawrence L. FenzeI, 419 Elm Avenue, S. W., Roanoke, Virginia 24011 Mr. & Mrs. James J. Cooper, 26 Wortham Street, Salem, Virginia 24153 Mr. & Mrs. Grady C. Wimmer, 66 Texas Hollow Road, Salem, Virginia 24153 Ms. Berta B. Adkins, 2505 Shenandoah Avenue, N. W., Roanoke, Virginia 24017 Ms. Elizabeth Cooper, c/o Mr. V. E. Cooper, 26 Wortham Street, Salem, Virginia 24153 Mr. & Mrs. Malcolm M. Rosenberg, P. O. Box 1078, Roanoke, Virginia 24005 Mr. & Mrs. Macle L. Conner, 120 Poplar Drive, Blue Ridge, Virginia 24064 Trustees of the Metropolitan Baptist Church, 2532 Shenandoah Avenue, N. W., Roanoke, Virginia 24017 Mr. Ray L. Pollard, Jr., 130 Sycamore Avenue, N. E., Roanoke, Virginia 24012 Mr. Arthur J. Munsey, 2446 Shenandoah Avenue, N. W., Roanoke, Virginia 24017 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Corr~nission, P. O. BOX 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. WiIburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Corrvnission 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. William M. Hackworth, Assistant City Attorney Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Mil!er, Building Commissioner ~and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Pl~anning Commission Ms. Doris Layne, Office of Real Estate Valuation PUbLLSmck'5 FeE - C/C M~R¥ ~ P~RKc~ vITY CL~5 OFFicE ~OCM ~5o M~NICiPAL ~LDG KG~N~K~ V~ 2~0it 5'[~TL OF ViRgINIA CiTY CF RGANG~,E ~FFIOAVIT CF Pb~LIC~TIUN 1, (rH~ uNDERSi~NmU) ~N OFFtCEA OF TIME~-~GRLu CU~POAATIUN, ~MICH COR- PCKATION i3 PUoLiS~cK dF IHt RUANdN~ TIM~3 & WCKLU-~E~3, ~ GAILY NewSPAPER NdTICE mAS PUmLI3mEu IN S~id NEWSPAPE~ UN THE FULLU~ilNo C~TES U7/Zg/~ MCRNiNG NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, August 8, 1988, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning from LM, Light Manufacturing District, to C-2, General Commercial District, the following property: Twelve lots located on the south side of Shenandoah Avenue, N. W., lying both east and west of its intersec- tion with 25th Street, N. W., bearing Official Tax Nos. 2410204 through and including 2410213, and Nos. 2311001 and 2311004. A copy of this proposal is the Office of the City Clerk, parties in interest may the question. available for public inspection in Room 456, Municipal Building. All appear on the above date and be heard on GIVEN under my hand this 20th day of July , 19 88. Mary F. Parker, City Clerk Please publish in full twice, once on Friday, July 22, 1988, and once on Friday, July 29, 1988, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Or, ce of the City Clen~ June 17, 1988 File #51 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvoget: 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 the City Planning Corrgnission, requesting that twelve parcels of land lying on the south side of Shenandoah Avenue, N. W., just east and west of its intersection with 25th Street, N. W., Official Tax Nos. 2410204 2410213, respectively, and Official Tax Nos. 2311001 and 2311004, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. John R. Martles, Agent/Secretary, City Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. ttackworth, Assistant City Attorney Planning Room 456 Munlcil:~al I~ildlng 215 Church Avenue, S.W. Roanoke, 'virginia 24~1 t (703) 981-2541 TO THE CITY CLERK OF THE C%TY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONI~SREQ~O~!/ Request from the Roanoke City Planning Commission that 12 ) parcels of land lying on the south side of Shenandoah Avenue, ) N.W., east and west of its intersection with 25th Street, ) N.W., more specifically described as official tax nos. 2410204 ) through 2410213, inclusive, and 2311001 and 2311004, be rezoned) from LM, Light Manufacturing District, to C-2, General ) Commercial District. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-W~T: The affiant, Martha P. 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 27th day of June, notices of a public hearing to be held on the 6th day of July, 1988 on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 2410203 2410216 2410217 2410218 2410219 2410220 2410221 2410222 2410223 2410224 2410225 2410226 2311005 2311017 2311018 2311019 2311020 2311021 2420716 2520717 2520718 2520719 Mary R. Waynick & Natalie R. Foster 306 First Street, SW Roanoke, VA 24011 2420720 2420721 2420722 Lawrence L & Ella H. Fenzel 419 Elm Avenue, SW Roanoke, VA 24011 2420724 2420725 James J. & Virginia E. Cooper Grady C. & Mary E. Wimmer 26 Wortham Street Salem, VA 24153 66 Texas Hollow Road Salem, VA 24153 PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 2420726 Berta Boothe Adkins 2505 Shenandoah Avenue Roanoke, VA 24017 2420727 Elizabeth Cooper, et als c/o V. E. Cooper 26 Wortham Street Salem, VA 24153 2310514 Malcolm M. & Mildred A. Rosenberg P. O. Box 1078 2310515 Roanoke, VA 24005 2310516 2310517 2310518 The following owners of property to be rezoned were notified: 2410204 2410205 2410207 2410208 2410209 2410210 Macle L. & Garlene H. Conner 120 Poplar Drive Blue Ridge, VA 24064 2410206 Trustees of the Metropolitan Baptist Church 2532 Shenandoah Avenue Roanoke, VA 24017 2410211 2410212 2410213 Ray L. Pollard, Jr. 130 Sycamore Avenue, NE Roanoke, VA 24012 2311001 2311004 Arthur J. Munsey 2446 Shenandoah Avenue Roanoke, VA 24017 Martha P. Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this day of . My Commission Expires: ' Notary' Pdbl7 Office of ~ne CJ~y Clerk ,~arch 17, 1988 File #51 Mr. Michael 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 the Roanoke Redevelopment and Housing Authority, represented by Daniel F. Layman, Jr., Attorney, requesting that twelve par- cels of land lying on the south side of Shenandoah Avenue, N. W., just east and west of its intersection with 25th Street, N. W., identified as Official Tax Nos. 2410204 through 2410213, respec- tively, and Official Tax Nos. 2311001 and 2311004, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. Sincerely, ~ Mary F. Parker, CMC City Cierk MFP: ra pc: Mr. Daniel F. Layman, Jr., Attorney, P. O. Box 720, Virginia 24004 Mr. John R. Martles, Agent/Secretary, City Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney ~oanoke , Planning Room456 Municil:~alBulldlng 215Cl~urchAv~nue, S.W. Roanoke, Vlrginia2401't (703)98t-254t VIPGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE In re: Rezoning of twelve (12) parcels of land lying on the south side of Shenandoah Avenue, N.W., just east and west of its inter- section with 25th Street, N.W., from LM, Light Manufacturing District, to C-2, General Commercial District Roanoke Office of Planning & Economic ~eveloprne~ PETITION FOR REZONING TO: The Honorable Mayor and Members of the Council of the City of Roanoke (1) The petitioner, the CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY, has adopted, with the approval of City Council, the Shaffer's Crossing Community Redevelopment Plan (CD-27) for the improvement of that part of the City known as the Shaffer's Crossing area. The project area defined by the Plan includes the twelve (12) lots identified by the following Official Tax Numbers: 2410204, 2410205, 2410206, 2410207, 2410208, 2410209, 2410210, 2410211, 2410212, 2410213, 2311001, and 2311004. All of these lots are situated on the south side of Shenandoah Avenue, N.W., lying both east and west of its intersection with 25th Street, N.W. All twelve lots are currently zoned LM, Light Manufacturing District. Copies of Roanoke City Appraisal Map Sheets 231 and 241, showing the property to be rezoned, are attached to this petition as Exhibit A. (2) Pursuant to Article VII of Chapter 36.1 of the Code of the City of Roanoke (Supp. 1987), the petitioner requests that said lots be rezoned from LM, Light Manufacturing, to C-2, General Commercial District. (3) The petitioner does not own any of the subject property, and the Redevelopment Plan does not contemplate that any of the property will be acquired by the petitioner for redevelopment. Thus, any redevelopment of these lots will be performed, if at all, by private owners. The current owners of the subject property are listed in Exhibit B to this petition. (4) The petitioner seeks this rezoning as a component of its Shaffer's Crossing Community Development Project. Much of the subject property is currently used for commercial purposes (restaurant, gas station, convenience store) or for noncommer- cial purposes permitted in the C-2 district (church). Those not now used commercially contain a vacant structure which would be suited for commercial use (2410204 and 2410205) and an outdoor storage yard for industrial equipment and materials, the further development of which would in any event not be permitted under the Redevelopment Plan (2410209 and 2410210). The requested rezoning would bring the zoning of the majority of the parcels into conformity with their existing uses and would afford more flexibility to the property owners in the commercial use of their property. (5) The twelve parcels contain a combined area in excess of two acres, fulfilling the requirements of Section 36.1-690(g) of the City Code. -2- (6) Attached. to this petition as Exhibit C are the names and addresses of the owners of all property immediately adja- cent to or across adjoining streets from the parcels to be rezoned. Accordingly, the petitioner requests that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully, CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY Of Counsel Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove 105 Franklin Road, S.W. P. O. Box 720 Roanoke, VA 24004 703/982-4253 -3- EXHIBIT /_ EXHIBIT B SHAFFER'S CROSSING PROPERTY TO BE REZONED ~ax Nos. 2410204 2410205 2410206 2410207 2410208 2410209 2410210 2410211 2410212 2410213 2311001 23110O4 Owner's Names Address Macle L. & Garlene H. 120 Poplar Dr. Conner Blue Ridge, VA 24064 Macle L. & Garlene H. Same as Above Conner Trustees of the Metro- 2532 Shenandoah Ave., N.W. politan Baptist Church Roanoke, Va 24017 Macle L..& Garlene H. Same Conner Macle L. & Garlene H. Same Conner Macle L. & Garlene H. Same Conner Macle L. & Garlene H. Same Conner Ray R. Pollard, Jr. 130 Sycamore Ave., N.E. Roanoke, VA 24012 Ray R. Pollard, Jr. Same Ray R. Pollard, Jr. Same Arthur J. Munsey 2446 Shenandoah Ave., N.W. Roanoke, VA 24017 Arthur J. Munsey Same EXHIBIT C pROPERTY OWNERS TO BE NOTIFIED REGARDINC SHAFFER'S CROSSING COMMUNITY DEVELOPMENT PROJECT, CD-27 Tax Nos. 2410203 2410216 2410217 2410218 2410219 2410220 2410221 2410222 2410223 2410224 2410225 2410226 Owner Mary R. Waynick & Natalie R. Foster Same Same Same Same Same Same Same Sam9 Same Same Address 306 First St., S.W. Roanoke, VA 24011 2311005 2311017 2311018 2311019 2311020 2311021 Mary R. Waynick & Natalie R. Foster Same Same Same Same 306 First St., S.W. Roanoke, VA 24011 2420716 2420717 2420718 2420719 Mary R. Waynick & Natalie R. Foster Same Same 306 First St., S.W. Roanoke, VA 24011 2420720 2420721 2420722 Lawrence L & Ella Same Same H. Fenzel 419 Elm Ave., S.W. Roanoke, VA 24011 2420724 2420725 2420726 2420727 James J. & Virginia E. Cooper Grady C. & Mary E. Wimmer Berta Boothe Adkins Elizabeth Cooper, Etals c/o V. E. Cooper 26 Wortham St. Salem, VA 24153 656 Texas Hollow Rd. Salem, VA 24153 2505 Shenandoah Ave., N.W. Roanoke, VA 24017 26 Wortham St. Salem, VA 24153 1 Tax Nos. Owners Address 2310514 2310515 2310516 2310517 2310518 Malcolm M. & Mildred Ann Rosenberg Same Same Same Same P. O. Box 1078 Roanoke, VA 24005 2 TO THE ~ THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE RF~Q;NI~i~O~ it ~ Request from the City of Roanoke Redevelopment ) and Housing Authority that twelve (12) parcels of ) land lying on the south side of Shenandoah Avenue,) N.W., just east and west of its intersection with ) 25th Street, N.W., more specifically described as ) Official Tax Nos. 2410204, 2410205, 2410206, ) 2410207, 2410208, 2410209, 2410210, 2410211, ) 2410212, 2410213, 2311001, 2311004, be rezoned ) from LM, Light Manufacturing District, to C-2, ) General Commerical District. ) AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Toby Saunders Brown, first being duly sworn, states that she is a secretary in the Office of Community Planning, 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 28th day of March, 1988, notices of a public hearing to be held on the 6th day of April, 1988, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 2410204 2410205 2410207 2410208 2410209 2410210 Macle L. & Garlene H. Conner 120 Poplar Drive Blue Ridge, VA 2410206 2410211 2410212 2410213 Trustees of the Metropolitan Baptist Church Ray R. Pollard, Jr. 2532 Shenandoah Ave., NW Roanoke, VA 24017 130 Sycamore Ave., N.E. Roanoke, VA 24017 2311001 2311004 Arthur J. Munsey 2446 Shenandoah Ave., NW Roanoke, VA 24017 2410203 2410216 2410217 2410218 2410219 2410220 2410221 2410222 2410223 2410224 2410225 2410226 2311005 2311017 Mary R. Waynick & Natalie R. Foster 306 First St., S.W. Roanoke, VA 24011 2311018 2311019 2311020 2311021 2420716 2420717 2420718 2420719 2420720 2420721 2420722 2420724 2420725 2420726 2420727 2310514 2310515 2310516 2310517 2310518 Mary R. Waynick & Natalie R. Foster James J. & Virginia E. Cooper Grady C. & Mary E. Wimmer Bertha Boothe Adkins Elizabeth Cooper, Etals c/o V.E. Cooper Malcolm M. & Mildred Ann Rosenberg 306 First St., S.W. Roanoke, Virginia 24001 26 Wortham Street Salem, VA 24153 656 Texas Hollow Rd. Salem, VA 24153 2505 Shenandoah Ave., NW Roanoke, VA 24017 26 Wortham Street Salem, VA 24153 P. O. Box 1078 Roanoke, VA 24005 Toby S~nders Brown SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28th day of April, 1988. Notary Public My Commission Expires: '~,_,..-~ ~-~', /5 5° · Office oftheCi~yCle~ August 24, 1988 Fi le #181 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear .~r. fferbert : I am attaching copy of Ordinance No. 29249, authorizing you to enter' into a lease with United Parcel Service (U.P.S.) for loca- tion of a next day air letter center in the Municipal Parking Garage, which Ordinance Mo. 29249 was adopted by the Council of the City of Roanoke on first reading on Monday, August 8, 1988, also adopted by the Council on second reading on Monday, August 22, 1988, and will take effect ten days following the date of its second r'eading. Mary F. Parker, CMC City Clerk MFP: ra Dc; M~'. Bob Layman, Manager', Municipal Parking Garage, Avenue, So W., Roanoke, Virginia 24011 ~r. William P. Daugherty, Oistrict Custo~ner Representative, U.P.S., 4808 Radford Avenue, Virginia 23230 Mr'. Joel ~. SchIanger, Director of Finance Ms. Deborah J. Moses, Chief of Billings and CoiIections Mr'. Kit B. ~iser, Director of Utilities and Operations ~ro William F. Clark, Director of Public Works Mr. Jack B. Woodson, Enginee~'ing Department 121 Church Service Richmond, Room 456 Municipal Building 215 C~urch Avenue, S.W. Roonoke. Vtrg~nla 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of August, 1988. No. 29249. AN ORDINANCE authorizing the appropriate City officials to enter into a lease with United Parcel Service (U.P.S.) for location of a next day air letter center in the Municipal Parking Garage, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, repectively, in form approved by the City Attorney, an appropriate lease agreement with United Parcel Service (U.P.S.) providing for the location of a 5.2 square foot area in the Municipal Parking Garage as a location for a next day air letter center drop box at a monthly fee of $40.00 per month, upon certain other terms and conditions as more particularly set forth in the report to this Council dated August 8, 1988. ATTEST: City Clerk. Honorable Mayo~ and Members of City Council Roanoke, Virginia Roanoke, Virginia August 8, 1988 Subject: United Parcel Service (U.P.S.) "Next Day Air Letter Center" (Drop Box) Municipal Parking Garage Dear Members of Council: III. I. Background: A. U.P.S., for the convenience of businesses and the public pro- vides drop boxes in various parts of the City. B. Municipal Parking Garage is in a convenient location and has space for such a drop box. II. Current Situation: A. U.P.S. has asked to rent a 5.20 square foot area in the Municipal Parking Garage as a location for a drop box. B. City staff has negotiated a lease fee equivalent to the pre- vailing fee for monthly parking, $40.00 per month. Water Resources Committee members were briefed at their regu- lar meeting on June 27, 1988 about the proposal and have agreed that it is acceptable and can be presented to City Council. A. Need B. Timing C. Cost to City D. Income to City E. Public Liability Insurance Page 2 IV. Alternatives: WRH/RVH/mm City Council authorize the appropriate City officials to exe- cute a lease agreement permitting U.P.S. to install a "Next Day Air Letter Center" in an area approximately 5.20 square feet in size in the Municipal Parking Garage, at a lease fee of $40.00 per month, term of lease to be thirty (30) days initially and month to month thereafter, U.P.S. to indemnify and hold the City, its officers, agents and employees harmless from damages, lease to be in a form acceptable to the City Attorney (copy attached): I. Need for U.P.S. drop box in convenient location is met. 2. Timin~ to permit immediate installation is met. 3. Cost to City is zero. 4. Income to City is $40.00 per month. 5. Public Liability Insurance with the City as an addi- tional insured is to be provided by U.P.S. City Council refuse to authorize the execution of a lease agreement permitting U.P.S. to install a drop box in the Municipal Parking Garage. 1. Need for U.P.S. drop box in area not met. 2. Timin~ to install immediately is not met. 3. Cost to City is zero. 4. Income to City is zero. 5. Public Liability Insurance is not an issue. Recommendation: Council authorize the appropriate City Officials to execute a lease agreement with U.P.S. to permit the installa- tion of a drop box in the Municipal Parking Garage in accordance with Alternative "A". Respectfully submitted, W. Robert Herbert City Manager Page 3 Attachment CC: City Attorney Director of Finance Director of Utilities & Operations Manager, Municipal Parking Garage Jack B. Woodson, Engineering William P. Daugherty, District Customer Service Representative, U.P.S. LEASE THIS LEASE, entered into this ~ day of 1988, by and between the CITY OF ROANOKE, VIRGINIA, the UNITED PARCEL SERVICE, INC. ("UPS"), Lessee, Lessor, and WI TNESSETH: FOR GOOD AND VALUABLE CONSIDERATION and the promises con- tained herein, the parties hereby agree that UPS shall be allowed to install a receptacle ("Next Day Air Letter Center") for receipt of UPS envelopes and packs at the following location: Municipal Parking Facility, 121 Church Avenue, S.W., Roanoke, Virginia 24011, upon the following terms and conditions: (a) The term of this agreement shall be for an initial period of thirty (30) days beginning on 1988, and shall continue thereafter on a month-to-month basis, provided that the agreement shall be terminable by either party upon thirty (30) days written notice to the other party's address as shown below. (b) in size in a mutually agreed upon location pal parking facility. (c) UPS shall pay in advance a monthly The lease shall be for an area approximately 5.2 sq. ft. in the Roanoke munici- fee of $40.00 per month to the City or its designated agent, it being understood that said monthly fee shall be established at the prevailing fee for monthly parking in the municipal parking facility. (d) UPS hereby agrees and shall pay and protect, indemnify and save harmless the City of Roanoke, its officers, agents and employees from and against any and all liabilities, damages, costs, expenses, causes of action, suits, claims, demands, or judgments of any nature whatsoever, including, without limita- tion, reasonable attorney's fees, arising from injury to or death of persons or damages to property resulting from the installa- tion, use, or presence of the Next Day Air Letter Center. UPS shall at its sole cost and expense obtain and lnaintain during the term of this lease comprehensive general public liability insurance with companies of recognized standing, including pro- tection against bodily injury or death liability and property damage liability, providing no less than $1,000,000 combined single limit of liability per occurrence, which policy shall name the City of Roanoke, its officers, agents and employees as addi- tional insureds and shall evidencing such insurance furnish the City with a certificate for the duration of the lease. CITY OF ROANOKE, VIRGINIA, ATTEST: By Mary F. Parker, City Clerk W. Robert Herbert, City Manager Mailing address: 354 Municipal Building, Roanoke, Virginia 24011 Date: AT j UNITE~D~ PARCEL SERVICE, INC. Mailing address: Date: 4808 Radford Avenue, (title) Richmond, Virginia ~3230 - 2 Office of ~e Ci~ Cler~ August 24, 1988 File #468B~28 Mr. W. Robert Herbert City Manager' Roanoke, Virginia Dear M;'. He,.bert: I am attaching copy of Ordinance No. 29254, authorizing you to enter into a release of a portion of the easement for the Roanoke/Vinton Water Company Road, which Ordinance No. 29254 was adopted by the Council of the City of Roanoke on first reading on Monday, August 8, 1988, also adopted by the Council on second reading on Monday, August 22, 1988, and will take effect ten days following the date of its second reading. Sincerely,~,~X,. ~ ~. ~ Mary F. Pa'rker, CMC City Clerk MFP: ~'a Eric, Mr'. James E. ~uchhoItz, Attorney, 714 Dale Avenue,' Suite C, Vinton, Virginia 24179 Mr. Kit ~. Kiser, Director of Utilities and Operations ~r. M. Craig Sluss, Manager', Water Production Roon~456 Munlcll:x~lBuildlng 215G~urchAve~ue.S.W. Roonc~,e,V~rg~nla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF The 22nd day of August, 1988. No. 29254. ROANOKE, VIRGINIA, AN ORDINANCE authorizing the appropriate City officials to enter into a release of a portion of the easement for the Roanoke/Vinton Water Company Road, upon certain terms and con- ditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, the appropriate quitclaim deed releasing the City's rights and interest in a portion of the Falling Creek Reservoir Access Road, subject to a formal dedication and acceptance for public use of the overlying right-of-way of Horsepen Mountain Road in Section 6, Falling Creek Estates, located in Roanoke County, all appropriate documentation, including the form of release and amendment to the appropriate plat, to be provided by petitioner at no cost to the City of Roanoke, and to be subject to approval of the City Attorney, as more particularly set forth in the report to this Council dated August 8, 1988. ATTEST: City Clerk. ;1~ ~noke, Virginia guSt'8, Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Request for Release of Easement Roanoke-Vinton Water Company Road Akfer Development Corporation, Inc. The attached staff report was considered by the Water Resources Committee at its regularly scheduled meeting on July 25, 1988. The Committee recommends that Council authorize the release of the City's rights and interest in portions of the Falling Creek Reservoir Access (Road) Easement, by quit claim deed, subject to the formal dedication of the overlaying right-of-way of Horsepen Mountain Road in Section 6, Falling Creek Estates, located in Roanoke County. Respectfully submitted, ETB:KBK:afm Attachment CC: zabeth T. Bowies, Chairman Water Resources Com~nittee City Manager City Attorney Director of Finance Manager, Water Department James E. Buchholtz, Esquire DATE: TO: F ROM: THRU: RE: July 25, 1988 INTERDEPARTMENT COMMUNICATION ~Membe~" W~,ter Resources Committee B. Kiser, Diri~of Utilities and Operations W. Robert Herber~-Ci~ Manager Request for Release of Easement Roanoke-Vinton Water Company Road Akfer Development Corporation, Inc. I. Background: mo City acquired the Roanoke-Vinton Water Company properties including Falling Creek Reservoir, northeast of Vinton in Bedford County, in 1938. Acquisition included a thirty (30) foot wide access (road) easement through portions of eastern Roanoke County. II. Current Situation: mo Akfer Development Corporation, Inc. is developing a subdivison known as Section 6, Falling Creek Estates in eastern Roanoke County. Horsepen Mountain Drive, in Section 6, Falling Creek Estates, parallels and overlays portions of the City's thirty (30) foot access easement. When Horsepen Mountain Drive is dedicated it will supercede and replace a portion of the City's easement approxima- tely 335.46 feet long. This permits access to the City's remaining easement from Horsepen Mountain Drive at a point closer to the reservoir than was possible before the street was built. Roanoke County is ready to accept conveyance of the right-of-way of Horsepen Mountain Drive. Prior to their doing so, the portions of the City's thirty (30) foot easement lying within the proposed street right-of-way must be released. Attached is a proposed deed of release, with a map and a letter which describes in detail the areas to be released. III. Issues A. Need B. Timin~ C. Access to Reservoir IV. Alternatives: A. Committee recommend to City Council that it authorize the release of the City's rights and interest in portions of the Falling Creek Page 2 Reservoir Access (Road) Easement, by quit-claim deed, subject to the formal dedication of the overlaying right-of-way of Horsepen Mountain Road in Section 6, Failing Creek Estates, located in Roanoke County. Areas to be released are shown in detail on a plat made for Akfer Development Corporation, Inc. by T. P. Parker & Son, Engineers & Surveyors, Ltd., dated March 1, 1988 (attached). Form of the release, or amendments to the attached plat, to be provided by petitioner and subject to the approval of the City Attorney. 1. Need by Roanoke County, Akfer Development and VDOT for release of City's rights so property can be conveyed is met. 2. Timing to permit title transfer and street dedication as soon as possible is met. 3. Access to reservoir is assured and improved by shortening unimproved access road. Bo Committee recommend to City Council that it refuse to release the City's rights and interest in portions of the Falling Creek Reservoir Access (Road) Easement. 1. Need by Akfer Development Corporation, Inc. for clear title to right-of-way of Horsepen Mountain road is not met. 2. Timing to release City's rights quickly is not met. 3. Access to reservoir is still maintained over access easement. Recommendation: Committee recommend to City Council that it authorize the release of the City's rights and interest in portions of the Falling Creek Reservoir Access (Road) Easement in accordance with Alternative "A". WRH/KBK/RVH/hw Attachments cc: City Attorney Director of Finance Manager, Water Department James E. Buchholtz, Esquire APPROVBD: DATB LOCATION MAP AKFE. R. OF..¥Et. OPt~E.t4'T COR.~O~/~-Ttotq, JAMES E. BUCHHOL TZ A.TTORNEy AT LAW 714 DAlE AVENUE. SUITE C VlNTON. VIRGINIA 24179 703-343-4858 JUN 6 ],988 June 3, 1988 Mark Williams, Esquire Assistant City Attorney Municipal Building, Rm. 215 Church Ave. SW Roanoke, Virginia 24011 464 RE: Horse Pen Mountain D~ive & Roanoke-Vinton Water. Co. Road (30' Dear Mark: Easement) On behalf of Akfer Development Corporation, Inc., I enclosed' original of Deed of Release and final revised plat showing Horse Pen Mountain Drive as relocated and as built. Please note the commercial entrance from Horse Pen Mountain Drive to the City's easement. Settlement of the law suit between Akfer and Mr. Hale is in the latter stages of finalization and Horse Pen Mountain Drive will become a public road shortly thereafter since the County has agreed to accept same upon entry of the final Court order. In view of the foregoing, I request that this letter be treated as a formal request for release of the City's five (5) foot strip easement in order that the necessary 50 foot right-of-way can be conveyed to Roanoke County and on to the Virginia Department of Highways and Transportation. I further request that the easement where it crosses Horse Pen Mountain Drive and actually passed under it be likewise released. Please forward this request to the City's Water Resources Committee for its consideration and recommendation to City Council. Your assistance in this regard is appreciated and I genuinely hope this matter is now reaching a conclusion satisfactory to al/. Respectfully, JEB:sw cc: D. Weaver, Esq. T. L. Plunkett, Esq. THIS DEED OF RELEASE made and entered Into this day of ., 1987, by and between the City of Roanoke, a municipal corporation, chartered by the General Assembly of Virginia, party of the first part, and herein Grantor, and Akfer Development Corporation, Inc., party of second part, and herein Grantee; ~ITNESSETH THAT FOR AND IN CONSIDERATION of the sum of One and No/lO0 ($1.00) Dollar and other good and valuable consideration, cash in hand paid by the Grantee unto the Grantor, receipt of which ts hereby acknowledged, the Grantor does by these presents bargain, sell, grant, convey, assign, set-over, release and relinquish unto the Grantee all of the Grantorts right, title and interest in and to a certain roadway easement situate, lying and being in Roanoke County, Virginia, known and designated as the Vlnton-Roanoke Water Company Road in so far as said Vtnton-Roanoke Water Company Road passes on, over, through and under the right-of-way of that certain street or road known and designated as Horsepen Mountain Drive, and more particularly shown on that certain plat known and designated as the Map of Section 6 Falling Creek Estates, road realignment plan and profile, dated September '13, 1985, prepared by T. P. Parker & Son, Engineers & Surveyors, Ltd. There is specifically included in this release a five (5) foot strip being the northerly five (5) feet of the Vlnton- Roanoke Wa~er Company Road and the grantee agrees to grant to the grantor a five (5) feet strip along the southerly side of said Vinton-Roanoke Water Company Road over certain adjacent property sought to be obtained by the grantee should the grantee actually acquire said adjacent property. To have and to hold unto the Grantee its successors and assigns forever. It is specifically agreed and understood that this release shall be of no force and effect unless and until Horsepen Mountain Drive becomes a public highway and a part'of the State Secondary system of highways. WITNESS the signature and seal of the City of Roanoke hereunto affixed the day and year first hereinabove written. CITY OF ROANOKE ATTEST: Mayor City Clerk STATE OF VIRGINIA City Of Roanoke I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do certify that Noel C. Taylor, Mayor of the City of Roanoke, a municipal corporation, whose name is signed to the Deed of Release above, has acknowledged the same before me in my City and State aforesaid. Given under my hand this _ day of , 1987. My commiss~on expires Notary Public Office of the City August 24, 1988 File #29-207 Mr. W. Robert Herbert City Manager' Roanoke, Virginia Dear Mr. lterbert: I am attaching copy of Ordinance No. 29255, authorizing execution of an amendment to the plats of subdivision of certain areas within the Roanoke Centre for Industry and Technology in order, to dedicate a new public utility easement across two parcels and to eliminate the restriction against above ground utilities on ce~'- lain other parcels; and authorizing execution of an indentuPe with Appalachian Power Company providing for a utility easement across certain areas of the Centre, which Ordinance No. 29255 was adopted by the Council of the City of Roanoke on first reading on Monday, August 8, 1988, also adopted by the Council on second reading on Monday, August 22, 1988, and will take effect ten days following the date of its second reading. SincePe iy, Mary F. Parker, CMC City Clerk MFP: ra Enco pC: The Honorable Noel C. Taylor., Mayor Mr. R. A. Waid, Right-of-Way Agent, Appalachian Power' Company P. O. Box 2021, Roanoke, Virginia 24022 Mr.' William F. Clark, Director of Public Works Mr'. Brian J. Wishneff, Chief of Economic Development Mr. Charles ~. Huffine, City Engineer* Roocn456 MucdclpalBullding 2150'~urchAv~que,$,W. Rc~noke, Virg~ta2401t (703)981-2541 IN THE COUNCIL OF THE CITY OF The 22nd day of August, 1988. No. 29255. ROANOKE, VIRGINIA, AN ORDINANCE authorizing the execution of an amendment to the plats of subdivision of certain areas within the Roanoke Centre for Industry and Technology in order to dedicate a new public utility easement across two parcels and to eliminate the restriction against above ground utilities on certain other parcels; and autho- rizing the execution of an indenture with Appalachian Power company providing for a utility easement across certain areas of the Centre. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Mayor and the City Clerk are authorized to execute and to seal and attest, respectively, an amendment to the plat of sub- division of Section 2 of the Roanoke Centre for Industry and Tech- nology (the Centre) in order to dedicate a fifty (50) foot wide public utility easement across Parcels 5 and 5 of the Centre and to amend portloas of the public utility easements across Parcels IA and lB of Section II of the Centre, with the approval of the owners of said parcels, to permit overhead electric utilities, in l%eu of underground service, as further described in the City Manager's report to Council dated August 8, 1988. 2. The Mayor and the City Clerk are authorized to execute and to seal and attest, respectively, an indenture agreement with Appala- chian Power Company, conveying to the company a right-of-way and ease- ment, with the right to construct, erect, operate and maintain lines for the purpose of transmitting electric power within and across the easement areas described in Paragraph 1 above, and across Blue Hills Drive, N. E., and as further described in the City Manager's report to Council dated August 8, 1988, for the nominal consideration of $1.00; the form of such Indenture shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia August 8, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Appalachian Power Company (APCo) Indenture Roanoke Centre for Industry & Technology (R.C.I.T) The attached staff report was considered by the Water Resources ComMittee at its regularly scheduled meeting on July 25, 1988. The Con~nittee recommends that Council authorize the execution of the APCo Indenture and the execution of an amended subdivision plat to change the use of the "underground only" public utility easement to overhead, and dedicate an additional public utility easement in accordance with conditions in the report. ETB:KBK:afm Attachment CC: Respectfully submitted, l~abeth T. Bowles, Chairman Water Resources Committee City Manager City Attorney Director of Finance Director of Public Works Chief of Economic Development Project Manager, Engineering R. A. Waid, Right-of-Way Agent, APCo INTERI)EPAI~T~ENTAL COHMUNICATION DATE: TO: FROM: THRU: RE: July 21, 1988 Members, W~ter Resources Committee Kit B. Kiser, Di.~ of Utilities and Operations W. Robert Herb~y Manager Appalachian Power Company (APCo) Indenture Roanoke Centre for Industry & Technology (R.C.I.T.) I. Back~round: Electric Service to the industrial parcels on the westerly side of R.C.I.T. is to be provided by overhead electric lines along the Centre's westerly boundary lines. Public Utility Easements (P.U.E.'s), fifty (50) feet wide, are in place along most of this alignment (see marked in ~reen on the attached map). One segment of P.U.E., fifty (50) feet wide must be dedicated in order to provide electric service (see marked in red on the attached map). Vitramon~ Inc. and Sunlink Corportion have purchased Areas 8 and 9, respectively, along the alignment of the electric power line. The fifty (50) foot P.U.E. is in place where needed on those proper- ties. II. Current Situation: APCo has submitted an indenture which will give them the authority to install the overhead electric service to the westerly portion of R.C.I .T. B. City must accomplish three (3) things prior to APCo beginning installation of the overhead service: Dedicate by an amended subdivision plat, a fifty (50) foot wide P.U.E. across Parcels 5 and 6, Section 1, R.C.I.T. on an align- ment fifty (50) feet east of and generally parallel to the westerly boundary of Parcel 6 (red on attached map). Gardner-Denver (Cooper Industries), which has a long-term option to purchase Parcel 6, has agreed to the P.U.E. as noted in the attached letter. Page 2 ii. Authorize the use of a portion of P.U.Eo on Area 9 (Sunlink Site) and Area 10 (Shell Building Site), which is designated "Underground Only", to be changed to overhead use by an amended subdivision plat. This overhead line, which is to serve Area 10 will cross approximately one hundred forty (140) feet of the southeast corner of Area 9 and extend into the Shell Building Site (Area 10) only far enough for the installation of an underground riser pole just inside the property and guy anchors approximately twenty-five (25) feet further into the property. (See attached map.) This change in the public utility ease- ments will have to be approved by the owners of Areas 9 and 10, who will have to execute the amended subdivision plat along with the City. iii. Authorize the execution of the APCo Indenture (attached). Director of Utilities and Operations will give conditional prelimi- nary approval to APCo to begin construction of the overhead electric service in areas where construction is possible in order that service can be extended to "Vitramon", "Sunlink" and "Shell Building" sites as soon as possible. III. Issues: A. Need B. Timin~ IV. Alternatives: Committee recommend to City Council that it authoriz~ the appropriate City Officials to execute the APCo Indenture providing them the right to install overhead electric service along the westerly boundary of R.CoI.T.; authorize the execution of an amended subdivision plat to dedicate a fifty (50) foot P.U.E. across Parcels 5 and 6, Section 1, R.C.I.T. as described in II, B, i (above); authorize the installation of overhead electric service in a section of fifty (50) foot P.U.E. designated "Underground Only" as described in II, B, ii (above) by the execution of an amended subdivison plat. Need for electric service to "Vitramon", "Sunlink" and "Shell Building" sites, as well as other areas on the westerly side of R.C.I.T. is met. 2. Timin~ to provide electric service to construction sites, needed immediately, is met. Page 3 Committee not recommend to City Council that it authorize the actions necessary to permit APCo to provide electric service to the westerly side of R.CoI.T. 1. Need for electric service to three (3) industrial construction sites not met. 2. Timin~ to meet immediate need is not met. Recommendation: Committee recommend to City Council that it authorize the execution of the APCo Indenture and the execution of an amended subdivision plat to change the use of the "underground only" P.U.E. to overhead, and dedicate an additional P.UoE. in accordance with Alternative "A". KBK / RKB/mm Attachments CC: City Attorney Director of Finance Director of Public Works Chief of Economic Development Project Manager, Engineering R. A. Waid, Right of Way Agent, APCo GARDNER-DENVER MINING & CONSTRUCTION CHARLES A. GALLETTI Director, Operations July 20~ 1988 To Wacm It May Concern: This is to advise that the undersigned officer of Gardner- Denver Mining & Construction~ a Division of Cooper Industries~ Inc. has reviewed and approved the 50-foot public utility easement on the City of Roanoke~s property (Partes1 5 and 8 of the Roanoke Centre for Industry and Technology which are adjacent to the Gardner-Denver site) for which Cooper Industries~ Inc. has a long-term option to purchase (for Parcel 6). Charles A, Galletti CAG/jsb 1700 Blue Hills Drive, NE. Roanoke, Virginia 24012-8601 USA. (703) 343-1837 THIS INDENTURE, made this 6th day of June, 1988, by and between the CITY OF ROANOKE, a municipal corporation existing under the laws of the Commonwealth )of Virginia, party of the first part, and APPALACHIAN POWER COMPANY, a Virginia 'public service corporation, party of the second part. WITNESSETH: THAT FOR AND IN CONSIDEP~ATION of the sum of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, the said party of the first part hereby grants and conveys to the party of the second part, its successors and assigns, a right of way and easement for electric power and communication line or lines, in, on, along, through, over, across, and under the lands of the Roanoke Centre for Industry and Technology, property of the City of Roanoke, Virginia. BEING 50' rights of way as shown shaded on that certain map entitled, "Proposed Right of Way on Property of City of Roanoke", dated 6-06-88, Drawing No. R-2419-A, prepared by Appalachian, attached hereto and made a part hereof. TOGETHER with the right, privilege and authority to Appalachian, its il successors, assigns, lessees, and tenants, to construct, erect, install, place, loperate, maintain, inspect, repair, renew, remove, add to the number of, poles, !with wires, cables, crossarms, guys, anchors, grounding systems and all other iappurtenant equipment and fixtures, underground conduits, ducts, vaults, .cables, wires, transformers, pedestals, risers, pads, fixtures, and :iappurtenances (hereinafter called "Appalachian's Facilities"), and string wires and cables, adding thereto from time to time, in, on, along, over, through, across and under the above referred to premises; the right to cut ?down, trim, clear, and/or otherwise control, and at Appalachian's option, remove from said premises, any trees, shrubs, roots, brush, undergrowth, over- - 1- hanging branches, buildings or other obstructions which may endanger the safety of, or interfere with the use of, Appalachian's Facilities; the right to disturb the surface of said premises and to excavate thereon; and the right of ingress and egress to and over said above referred to premises, and any of the adjoining lands of the Grantor at any and all times, for the purpose of exercising and enjoying the rights herein granted, and for doing anything necessary or useful or convenient in connection therewith. The party of the first part hereby grants, conveys and warrants to Appalachian Power Company a non-exclusive right of way easement for electric facilities. In the event the party of the second part should remove all of said Appalachian's Facilities from the lands of the party of the first part, then all of the rights, title and interest of the party of the second part in the right of way and easement herein above granted, shall revert to the party of the first part, its successors and assigns. The party of the second part agrees to indemnify and save harmless the party of the first part against any and all loss or damage, accidents, or injuries, to persons or property, whether of the party of the first part or any other person or corporation, arising in any manner from the negligent construction, operation, or maintenance, or failure to properly construct, operate, or maintain the said poles, wires, cables, crossarms, guys, anchors, grounding systems, underground facilities, and all other appurtenant equipment and fixtures of the party of the second part. It is understood and agreed between the parties hereto, that the party of the first part reserves the right to use said lands in any way not inconsistent with the rights herein granted. TO HAVE AND TO HOLD the same unto the said Appalachian Power Company, its successors and assigns. -2- WITNESS the signature of the City of Roanoke by NOEL TAYLOR, its Mayor, and its municipal seal hereto affixed and attested by Mary F. Parker, its City Clerk pursuant to Ordinance No. , adopted ATTEST: CITY OF ROANOKE MAYOR CITY CLERK STATE OF VIRGINIA) CITY OF ROANOKE) TO-WIT: I, Notary Public in and for the City and State aforesaid, do certify that Noel Taylor and Mary F. Parker, Mayor and City Clerk, respectively, of the City of Roanoke, whose names as such are signed to the writing above, bearing date the 6th day of June, 1988, have each acknow- ledged the same before me in my jurisdiction aforesaid. Given under my hand this__ day , 1988. i My Commission Expires: NOTARY PUBLIC -3- 8LI. IE HILLS SUN- ~ FOR NDUSTRY AND TI~CHNOIO~y CI'TY OF ROANOKE~ va. 'E D. 665020 ROANOKE DIVISION T.&D. DEPAR'TMENT PROPOSED RIGHT OF WAY ON PROPERTY OF CITY OF ROANOKE DI~IWI(IY L.M.A. IDA3'~ 6'6'(58 APP. r~ J.B. ATIT ~ 1"-400' DRAWING NO. R- 241 g-A