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HomeMy WebLinkAboutCouncil Actions 04-11-88Harvey (29060) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL April Ii, 1988 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call· Mayor Taylor was absent. The invocation will be delivered by Vice-Mayor Mussero The Pledge of Allegiance to the Flag of the United States of America will be led by Vice Mayor Howard E. Musser. C-1 PUBLIC REARINGS Public hearing on the request of H. Malcolm Thornton, Jr., and J. Alfred Mullins that two tracts of land containing .25 acre, more or less, located at 1214 Salem Avenue, S. W., described as Lot 12, Section 34, Map of the Rorer Tract, Official Tax No. 1212105; and Lot 13, Section 34, Map of the Rorer Tract, Official Tax No. 1212104, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to LM, Light Manufacturing District, subject to certain proffered conditions. Mr. Il. Malcolm Thornton, Jr., Spokesman. Adopted Ordinance No. 29060 on first reading. (6-0) CONSENT AGENDA (Approved 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN 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. A communication from Vice-Mayor Howard E. Musser requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, cowraissions 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. (1) Qualification of Veron E· Holland as a member of the Fair Housing Board for a term of three years ending March 31, 1991. RECOMMENDED ACTION: Receive and file. Report of the City Manager requesting an Executive Session to discuss a legal matter pertaining to the use of real property public purpose. REGULAR AGENDA for Hearing of Citizens Upon Public Matters: None· Petitions and Communications: a. A corr~nunication from Mr. Alton B. Prillaman, Secretary, Roanoke City Electoral Board, requesting that a public hearing be scheduled for Monday, May 9, 1988, on the pro- posed temporary relocation of the polling place for ftighland No. 2 Precinct from Highland Park Elementary School to the conference room of the Roanoke City School Maintenance Building, 250 Reserve Avenue, S. W., due to renovation of the school during the 1988-89 school year· The matter was tabled until after the ~ay 10 election. The Reports of Officers: City Manager was requested to work with the Electoral Board regarding the possibility of a. City Manager: using the Alexander Gish House as a temporary location of the polling place for Highland Briefings: None· No. 2 Precinct. Items Recommended for Action: 1. A report with regard to a request to the Virginia Department of Transportation to program a project for roadway widening on Orange Avenue, N. E. Adopted Resolution No. 29061 and Resolution No. 29062, (6-0) 2. A report concurring in a report of the Bid Committee recommending acceptance of the bid submitted by Magic City Motor Corporation, for two new automobiles for the Social Services Department, in the total amount of $16,883.32; and appropriation of funds therefor. Adopted Ordinance No. 29063 and Ordinance No. 29064. {5-0, Mr. Report of Committees: Bowers abstained from voting.) A report of the Water Resources Committee recommending that Council deny the request of Virginia Green Lawn & Garden Center for a revocable license to encroach into the right- of-way of a public street, by erecting a sign in front of 4509 Melrose Avenue, N. W. Mrs. Elizabeth T. Bowles, Chairman. Concurred in recommendation. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 29053, on second reading, authorizing execu- tion of an indenture between the City and Appalachian Power Company. Adopted Ordinance No. 29053. (6-0) 2) Ordinance No. 29054, on second reading, permitting an encroachment of approximately 3.4 feet over and into the right-of-way of West Drive, S. W., for an appendage of the structure located on the property bearing Official Tax No. 1350720, upon certain terms and conditions. Adopted Ordinance No. 29054. (6-0) Ordinance No. 29055, on second reading, authorizing vaca- tion of an approximately 90 square foot portion of a public utility, sanitary sewer and drainage easement located adja- cent to Centre Avenue and upon Lot 2A, Runnymede Subdivision, Official Tax Number 2310207, u on certain terms and conditions. Adopted Ordinance No. 29~55. (6-0} 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Vice Mayor and members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. Other Hearings of Citizens: W. Robert Herbert, Chairman of the Regional Airport Commission, advised of the receipt of certain Airport discretionary funds. The City Manager was requested to confer with the Superintendent of Schools with regard to arranging a tour of Highland Park Elementary School by the Ma~or and Members of Council and appropriate City staff. The Cit~ Manager was requested to provide Council with a progress report on E-911. Ms, Stephanie Jackson, 20~4 Staunton Avenue, N. W., complained about the number of bees which are kept on the property of her next door neighbor, The matter was referred to the City Manager and the City Attorney for investigation and report to Council as soon as possible. Appointed Elizabeth Fetter as a member of the Advisory Board of Human Resources. (3) Office of the Council April 7, 1988 The Honorable Members City Council Roanoke, Virginia of Roanoke Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session on Monday, April 11, 1988, 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. /~cerely, .~ Howard E. Musser V i c e -~fayo r HEM:se Room 456 Municipol Building 215 C~urch Avenue, S.W, Roonoke, Virginia 2401 '/ (703) 98'f-2541 C~flce of ~ O~/Cler~ April 13, 1988 File #15-178 Mrs. Dolores C. Daniels, Secretary Fair Housing Board Roanoke, Virginia Dear Mrs. Daniels: This is to advise you that Veron E. Holland member of the Fair Housing Board for a term of March 31, 1991. has qualified as a three years ending Sincerely, Sandra lt. Eakin Deputy City Clerk SHE: ra Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, VirgmJo 240'11 (703) 98'1-254"1 0-2 Affirmation of Office Virginia, offRoa~oke, to'.wit: Veron E. Holland I, , do solemnly swear (or affirm) that will support the Constitution of the United States, and the Constitution of the State of Virginia, and that will faithfully and impartially discharge and perform all the duties incumbent upon me aa member of the Fair Housing Board for a term of three years ending March 31, 1~?,. according to the best of my ability. So help me God. _~z~., Deputy Clerk March 16, 1988 File #15-178 Ms. Veron E. Holland 521 Chestnut Avenue, N. Roanoke, Virginia 24016 Dear M~. Holland: At a regular meeting of the Council of the City of Roanoke held on Monday, March 14, 1988, you were reelected as a member of the Fair Housing Board for a term of three years ending March 31, 1991. Enclosed you wilt 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 pc: MS. Dolores C. Daniels, Citizens' Request for Service Room456 Mu~lcll~lB~llcllng 215(~l~rchAvenue,$,W. Roa~:~e, Vlrglnlo24011 (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 14th day of March, 1988, VERON E. HOLLAND was reelected as a member of the Fair Housing Board for a term of three years ending March 31, 1991. Given tinder my hand and the Seal of the City of Roanoke this 16th day of March, 1988. City Clerk Roanoke, Virginia April 11, 1988 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: This is to request an executive session on Council's agenda, April 11, 1988, pursuant to Section 2.1-344(a)(2), Code of Virginia (1950), as amended, to discuss a legal matter pertaining to the use of real proper- ty for public purpose. Respectfully submitted, W. Robert Herbert City Manager WRH:WFC:gs Or, ce o~ the City Cien~ April 20, 1988 File #40 Mr. Alton B. Prillaman, Secretary Roanoke City Electoral Board 2803 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Afr. Prillaman: Your communication requesting that a public hearing be scheduled for Monday, May 9, 1988, on the proposed temporary relocation of the polling place for Highland No. 2 Precinct.from fIighland Park Elementary School to the conference room of the Roanoke City School Maintenance Building, 250 Reserve Avenue, S. W., due to renovation of the school during the 1988-89 school year, was before the Council of the City of Roanoke at a regular meeting held on Monday, April 11, 1988. On motion, duly seconded and adopted, the request was tabled until after the May 10, 1988, election. The City Manager and the Electoral Board were requested to work with representatives of Old Southwest, Inc., regarding the possibility of using the Alexander Gish 1louse in Highland Park as a polling place for Highland No. 2 Precinct. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Mr. W. Robert Herbert, City Manager Ms. Audrey M. Franklin, Registrar Mr. William F. Clark, Director of Public Works Room456 Munk:lpolButldlng 215(~urchAve~ue, S.W.P, oanc~e,',,'irg~nla24011 (703)981-2541 E|,ECTOR^L BOARD ~£1~A C. PlRK[Y,{~ak~man March 3l, 1988 CHARLES T. GRE[N, Vice Chairman AIlON 8~ PRI(LA#AN, Secretary Honorable Noel C. Taylor, Mayor, and Members of Roanoke City Council Municipal Building Roanoke, Virginia 24011 Re: Temporary Relocation of Polling Place in Highland #2 Precinct (Sec. 10-20 of City Code) Gentlemen & Mrs. Bowles: The Electoral Board has been informed by the school administration that Highland Park School will be closed for renovation during the 1988-89 school year and will not be available for voting during that time. Section 24.1-36 of the Code of Virginia states that polling places shall be located in public buildings whenever practicable. Since no public building is available in the Highland No. 2 precinct the Electoral Board recommends that the conference room in the Roanoke City School Maintenance building, 250 Reserve Avenue, be approved as an alternate voting place during renovation of the school. The conference room is a suitable location with- in the 300-yd. limitation of the Highland No. 2 boundary (Franklin Road). The proposed site provides ample space at ground level with on and off street parking available. The entrance will be made accessible for handicapped voters before the November 8 election. The attached copy of a letter from Richard L. Kelley, Executive for Business Affairs and Clerk of the Board of the Roanoke City Public Schools, authorizes the use of this school property as a temporary polling place during the 1988-89 school year. Section 24.1-39 of the Code of Virginia requires that a notice of a proposed re- location of polling place be published in a newspaper of general circulation once a week for two consecutive weeks and no such changes can be made within 60 days next preceding any general election. Since this temporary relocation requires the approval of the Attorney General, we request that the matter be placed on the May 9, 1988 agenda for a public hearing and action of Council. Respectfully~u~itted,~_~_ Alton g. Prillaman, Secretary Roanoke City Electoral Board cc: Wilburn C. Dibling, City Attorney Richard L. Kelley, Executive for Business Affairs & Clerk of the Board Carroll E. Swain, Director of School Plants Roanoke-., City Public Schools Division of Business Affairs RECEIVED HAR 2 ~ 1988 · P.O. Box 13105, Roanoke, Virginia 24031 March 22, 1988 Mrs. Melba C. Pirkey, Chairman Roanoke City Electoral Board City of Roanoke Roanoke, VA 24011 Dear Mrs. Pirkey: The Superintendent has referred your letter of March 16, 1988 to me. After reviewing your request, authorization is granted to the Electoral Board to use the conference room of the Roanoke City School Maintenance Building located at 250 Reserve Avenue as an alternate location for Highland No. 2 precinct during the 1988-89 school year. Sincerely, Rch and Clerk of the Board rg CC: Dr. Frank P. Tota, Superintendent ~f~tr. Carroll E. Swain, Director of School Plants r. Alton B. Prillaman, Secretary, Electoral Board Rev. Charles T. Green, Vice Chairman, Electoral Board Excellence in Education J ELECTORAL BOARD MELBA C. PIRKEY, Chairman CHARLES T. bREEN, ¥[ce Chairman ALTON R. PRILLAMAN, Secretary March 16, lg88 Dr. Frank P. Tota Superintendent of Schools City of Roanoke P. O. Box 13145 Roanoke, Virginia 24031 Dear Dr. Tota: We have been informed that Highland Park School will be closed for reno- vation during the school year RO-Rg and will not be available for voting during that time. The Electoral Board respectfully requests authorization to use the con- ference room of the Roanoke City School Maintenance Building, 250 Reserve Avenue, as an alternate location for Highland No. 2 precinct during reno- vation. One election is scheduled during the 88-89 school year on Novem- ber 8, lg88, however, an alternate location must be available for any primary or special election that could be called during that time. The Rev. Charles Green, Vice Chairman of the Electoral Board, Audrey Franklin, Registrar, and I met with Mr. Carroll Swain today at the school maintenance building. We discussed our needs with Mr. Swain and he states that he sees no problem with the conference room serving as a voting place during the time of renovation. The Board found it to be an excellent location to serve our needs. Any change in a polling place must be presented to City Council and sub- sequently submitted to the Department of Justice for approval. Therefore, your prompt attention to our request will be greatly appreciated. Thank you. CC: Sincerely, Melba C. Pirkey, Chairman Roanoke City Electoral Board Mr. Carroll Swain, Director of School Plants Mr. Alton B. Prillaman, Secretary, Electoral Board Rev. Charles T. Green, Vice Chairman, Electoral Board Office of the C~y C~e~ April 13, 1988 File #77 Mr. M. S. Holtis, Urban Engineer Virginia Department of Transportation 140! East Broad Street Richmond, Virginia 23219 Dear Mr. Hollis: I am enclosing copy of Resolution No. 29062, requesting the Virginia Department of Transportation to program a project of roadway improvement to King Street, N. E., between Orange Avenue, N. E., and Mecca Street, N. E., for preliminary engineering, right-of-way acquisition and construction, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 11, 1988. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:ra Eric, pc: Mr. W. Robert Herbert, City Manager Mr. Witburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. Charles Mo Huffine, City Engineer Mr. Robert Ko Bengt$on, Traffic Engineer Mr. Brian J. Wishneff, Chief of Economic Development Roorn456 MunlcipalButldlng 215C~nurchAve~ue, S.W. Roanoke, Virg~nia24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, -The llth day of April, 1988. No. 29062. VIRGINIA, A RESOLUTION requesting the Virginia Department of Transporta- tion to program a project of roadway improvement to King Street, N. E., between Orange Avenue, N. E., and Mecca Street, N. E., for preliminary engineering, right-of-way acquisition and construction. WHEREAS, it is necessary that a request by Council resolution be made in order that the Virginia Department of Transportation initiate an urban highway project in the City of Roanoke; and WHEREAS, it is also necessary that the requested project be in accordance with the most recently approved transportation plan for the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that: 1. This is a priority project and the City hereby requests the Virginia Department Transportation to program a project of improving King Street, N. E., between Orange Avenue, N. E., and Mecca Street, N. E., a distance of approximately 1.2 miles, for preliminary engi- neering, right-of-way acquisition and construction. 2. The Council of the City of Roanoke hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way and construction of this project in accordance with $33.1-44 of the Code of Virginia, as amended, and that, if the City of Roanoke subsequently elects to stop or cancel this project, the City of Roanoke hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such suspension or cancellation. 3. The City Clerk is directed to forward a copy of this resolu- tion to the appropriate persons at the Virginia Department of Transpor- tation. ATTEST: City Clerk. Office of the Oh? Clerk April 13, 1988 File #77 Mr. M. S. HoZZis, Urban Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear Mr. Hollis: I am enclosing copy of Resolution No. 29061, requesting the Virginia Department of Transportation to program a project of roadway widening on Orange Avenue, N. E., from four lanes to six lanes between 11th Street, N. E., and the East Corporate Limits, for preliminary engineering, right-of-way acquisition and construction, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 11, 1988. Sincerely, SHE: ra En¢ o Sandra H. Eakin Deputy City Clerk pc: Mr. DY. Robert Herbert, City Manager Mr. Wilburn C. Dibting, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Robert K. Bengtson, Traffic Engineer Mr. Brian J. Wishneff, Chief of Economic Development Room456 MuniclpalBuildlng 2150nurchAvecmue, S.W. Roc~o4e, Virg~nla24011 (703)98t-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, lhe llth day of April, 1988. No. 29061. A RESOLUTION requesting the Virginia Department of Transportation to program a project of roadway widening on Orange Avenue, N. E., from four lanes to six lanes between llth Street, N. E., and the East Corporate Limits, for preliminary engineering, right-of-way acquisi- tion and construction. WHEREAS, it is necessary that a request by Council resolution be made in order that the Virginia Department of Transportation initiate an urban highway project in the City of Roanoke; and WHEREAS, it is also necessary accordance with the most recently City of Roanoke. THEREFORE, BE IT RESOLVED by the Council Virginia that: 1. This that the requested project be in approved transportation plan for the of the City of Roanoke, is a priority project and the City hereby requests the Virginia Department Transportation to program a project of roadway widening on Orange Avenue, N. E., from four lanes to six lanes between llth Street, N. E., and the East Corporate Limits of the City, a dis- tance of approximately 2.5 miles, for preliminary engineering, right- of-way acquisition and construction. 2. The Council of the City of Roanoke hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way and construction of this project in accordance with ~33.1-44 of the Code of Virginia, as amended, and that~ if the City of Roanoke subsequently elects to stop or cancel this project, the City of Roanoke hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such suspension or cancellation. 3. The City Clerk is directed to forward a copy of this resolu- tion to the appropriate persons at the Virginia Department of Transpor- tation. ATTEST: City Clerk. Roanoke, Virginia April 11, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Request to the Virginia Department of Transportation (VDOT) to program projects for roadway widening on both Orange Avenue, N. E. and King Street, N. E. I. Back~round on this subject is: Roanoke Valley Area 1975-1995 Transportation Plan was amended by the Roanoke Area Metropolitan Transportation Planning Organization (MPO) on March 24, 1988 to reflect the potential for widening Orange Avenue, N. E. (U.S. Route 460) from four lanes to six lanes between llth Street, N. E. and the East Corporate Limits. The MPO also amended the Transportation Plan on October 22, 1987 to reflect the potential for widening King Street, N. E. to an improved two lanes between Orange Avenue and Mecca Street (see attached map). Bo Orange Avenue is presently a six-lane arterial between 1-581 and llth Street, N. E. at which point it narrows to a four-lane arterial. The 2.5 mile corridor from llth Street, N. E. to the East Corporate Limits handles as much as 40~390 vehicles per day between 13th Street, N. E. and Gus Nicks Boulevard (1986 traffic count). Based upon an average annual growth rate of 5 percent, it is predicted that this figure would increase to nearly 65~000 vehicles per day by the year 1995. (It should also be noted that truck traffic accounts for more than 30 percent of the current traffic volume). Kin~ Street is presently a 20-foot wide, two-lane collector route between Orange Avenue and Mecca Street (a distance of 1.2 miles) at which point it becomes an improved, 35-foot wide, two-lane roadway. King Street presently carries 7~000 vehicles per day. Based upon an average annual growth rate of 5 percent, it is pre- dicted that this figure would increase to 10~300 vehicles per day by the year 1995, which will include truck traffic destined for Tultex and other future development at the Berkley Bottom site. Highway projects that City Council requested for programming by the Virginia Department of Transportation, the date of the City Council meeting at which the request was made, and the current project sta- tus are listed below: Franklin Road Widening from Elm Avenue to Third Street, S. W. - June 17, 1985. (preliminary engineering in progress). II. o 10. 11. Current Peters Creek Road Extension from Melrose Avenue to Lee Highway - June 17, 1985. (alignment study in progress). Interchanse with 1-581, northwest of Tenth Street, N. W. - June 17, 1985. (feasibility study complete). Tenth Street Widening from Gilmer Avenue to Williamson Road, N. W. - April 28, 1986. (preliminary engineering in progress). Thirteenth - Ninth Street from Orange Avenue to Dale Avenue, S. E. - April 28, 1986. (preliminary engineering in progress). Hershber~er Road Extension from Williamson Road to Orange Avenue - April 28, 1986. (alignment study in progress). Fifth Street Brid~e replacement over NS Railroad - April 28, 1986. (preliminary engineering in progress). First Street Bridge replacement over NS Railroad - April 28, 1986. (included in First St./Gainsboro Rd./Wells Ave. Project). Wonju Street Extension from Colonial Avenue to Brandon Avenue - April 28, 1986. (not yet programmed). First Street/Gainsboro Road~ N.W. Widening/Realignment from Madison Avenue to Salem Avenue - April 13, 1987. (preliminary engineering in progress). Wells Avenue~ N. W. Widening/Realignment from Williamson Road to First Street, N. W. - April 13, 1987. (preliminary engineering in progress). Presently, each of these projects have been listed or could be listed in the Virginia Department of Transportation's upcoming tentative Six-Year Highway Plan. situation on this subject is: Funding amounts for other City highway projects are projected in the Virginia Department of Transportation's Six-Year Improvement Program to be $6,300~000 for fiscal year 1988-89. This would likely include all projects previously requested for programming as previously listed above. The remaining five years of the Six-Year Improvement Program are projected to be funded at $6,000,000 each. The City's 5% share (approximately $300~000 each year) is to be funded for each of the next three years through the Capital Improvement Program which is contingent upon future bond sales. Widening of Orange Avenue, N. E. is desired to improve traffic movements along this major east/west corridor in order to meet anticipated traffic growth. Costs associated with the subject roadway improvement are estimated at $11,500~000. Of these totals, Federal and State urban funding would pay for 95 percent of the project cost ($10,925,000). City share would be only five per- cent ($575,000). Funding for the City's 5% share would have to be made available at the time of construction, with funding intended to come from a future Capital Improvement Program, which is con- tingent upon the approval of future bond sales. Widenin8 of Kin~ Street, N. E. to an improved two-lane roadway is desired to improve traffic movements along this collector route to better serve future automobile and truck traffic. Costs associated with the subject roadway improvement are estimated at $1,000,000. Of these totals, Federal and State urban funding would pay for 95 percent of the project cost ($950,000). City share would be only five percent ($50~000). Funding for the City's 5% share would have to be made available at the time of construction, with funding intended to come from a future Capital Improvement Program, which is contingent upon the approval of future bond sales. City Council would need to take formal action by April 30, 1988, in order that written comments can be sent to Virginia Department of Transportation for their use in developing the Six-Year Improvement Program for fiscal year 1988-89. III. Issues in order of importance are: A. Need B. Fundin~ C. Priority IV. Alternatives in order of recommendation are: Ao City Council request by Resolution that the Virginia Department of Transportation program projects for roadway widening on Orange Avenue, N. E. from four lanes to six lanes between llth Street, N. E. and the East Corporate Limits, and on King Street, N. E. to an improved two lanes between Orange Avenue and Mecca Street. Need for these projects exist relative to improving traffic movements along this major east/west corridor as well as enhancing the climate for growth and development of business in the area. Funding would not be available at this time, if projects are approved, in annual Virginia Department of Transportation urban allocations made to the City for 95 percent of the construction cost. City's share of five percent would need to me made available at some future date. It is intended that this need would be included in a future Capital Improvement Program, the funding of which is contingent upon the approval of future bond sales. Priority of construction would not be rated higher than any projects currently in the Six-Year plan, unless some of those projects were cancelled, in which case the City would pay 100 percent of all costs associated with any work completed on those projects between time of programming and the cancellation notice. It is not recommended that any projects be cancelled in favor of Orange Avenue and King Street widening projects. B. City Council not request the Virginia Department of Transportation to program the subject projects for roadway widening. 1. Need for these projects would continue to exist for improved traffic movements. 2. Funding is not an issue. 3. Priority of construction would not be an issue. V. Recommendation is that City Council approve Alternative "A" and: mo Request by Resolution that the Virginia Department of Transportation program projects for roadway widening on Orange Avenue, N. E. from four lanes to six lanes between llth Street, N. E. and the East Corporate Limits and on King Street, N. E. to an improved two lanes between Orange Avenue and Mecca Street for pre- liminary engineering, right-of-way acquisition, and construction. Indicate that, if the City cancels either of these projects in the future for any reason, the City would pay 100 percent of all costs associated with any work completed on the cancelled project between time of programming and the cancellation notice. [This type of statement is usual and typical of all highway project programming requests made by municipalities throughout Virginia.] Approval of this recommendation by City Council will necessitate the provision of local share funding, in the form of a Capital Improvement Program, at the time of project construction, the funding of which is contingent upon the approval of future bond sales. Respectfully submitted, W. Robert Herbert City Manager WRH/RKB/hw CC: Director of Finance City Attorney Director of Public Works City Engineer Chief, Economic Development Traffic Engineer Office of the Ci~ Cle~ April 13, 1988 File #72-472 Bergtund Chevrolet P. 0. Box 12608 Roanoke, Virginia 24027 Dominion Car Ltd. 1259 East Main Street Salem, Virginia 24153 Attred Chevrolet P. 0. Box 1012 Salem, Virginia 24153 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29064, accepting the bid of Magic City Motor Corporation for two mid-sized automobiles for use by the Social Services Department, in the tatal amount of $16,883.32, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 11, 1988. On behalf of the Council, I would like to express appreciation for submitting your bid on the abovedescribed vehicles. Sincerely, Sandra tt. Eakin Deputy City Clerk SHE:ra Room456 MunlcipalBulldlng 215 C~urch Avenue, S.W, Roano~e, Vlrg~nla2401,1 (703)981-2541 Office cfi the City C~e~ April 13, 1988 File #72-472 Magic City Motor Corporation P. 0o Box 12807 Roanoke, Virginia 24028 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29064, accepting your bid for two mid-sized automobiles for use by the Social Services Department, in the total amount of $16,883.32, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, ApriI 11, 1988. Sincerely, Sandra ft. Eakin Deputy City Clerk SHE: ra Enc. pc: Mr. W. Robert Herbert, City Manager Mr. James D. Ritchie, Director of Human Resources Ms. Corinne B. Gott, Manager, Social Services Mr. George C. Snead, Jr., Director of Administration Public Safety ~tr. D. Darwin Roupe, Manager, General Services and Roo~n456 MunlcipalBuilding 215C~urchA',~nue, S,W, Roanc~e, Virg~nla24011 (703)981-254'1 IN THE COUNCIL OF THE CITY OF ROANOKE, The tlth day of April, 1988. No. 29064. VIRGINIA, AN ORDINANCE providing for the purchase of two new mid-sized automobiles for use by the City, upon certain terms and conditions, by accepting a bid-made to the City for furnishing and delivering such equipment; rejecting other bids made to the City; and pro- viding for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Magic City Motor Corp., made to the City offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, two new mid-sized automobiles for the sum of $16,883.S2, is hereby ACCEPTED. 2. The City's Manager of General Services is authorized and directed to issue the requisite purchase order therefor, incor- porating into said order the City's specifications, the terms of said bidder's proposal, and the terms and provisions of this ordi- nance. 3. The other bids made to the City for the supply of such equipment are hereby REJECTED, notify such other bidders and for their bids. and the City Clerk is directed to to express the City's appreciation 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office c~ ~he Oty Clerk April 13, 1988 File #60-72-472 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29063, amending and reor- daining certain sections of the 1987-88 General Fund Appropriations, transferring $16,884.00 from Capital Maintenance and Equipment Replacement Program to Social Services Account No. 001-054-5313-9910, to provide funds for the purchase of two new automobiles for the Department of Social Services, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 11, 1988. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:ra pc: Mr. W. Robert Herbert, City Manager Mr. James D. Ritchie, Director of Human Resources Ms. Corinne B. Gott, Manager, Social Services Mr. George C. Sneod, ,Ir., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services and Room456 MuniclpalBuilding 215(~urchAv~'~ue, S.W. Roanc:~e,V~tg~nia24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of April, 1988. No. 29063. AN ORDINANCE to amend and reordain certain sections of the 1987-88 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 1987-88 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: ApproDriations Health and Welfare _ Income Maintenance (1) .............................. Fund Balance Capital Maintenance & Equipment Replacement Program- City Unappropriated (2) ............................ 1) Vehicular. Equip. 2) CMERP - City (001-054-5313-9010) $ 16,884 (001-3332) (16,884) $10,628,051 2,403,687 $ 1,572,710 BE IT FURTHER ORDAINED that, an emergency existing,.this Ordinance shall be in effect from its passage. ATTEST: City Clerk Roanoke, Virginia April 11, 1988 Honorable Mayor and City Council oS Roanoke, Virginia co Dear Members of Council: SUBJECT: BIDS TO PURCHASE TWO (2) AUTOMOBILES FOR SOCIAL SERVICES, BID NUMBER 88-3~;1 concur with the recommendation of the Bid Committee relative to the above subject and recommend it to you for appropriate action. Respectf~y submitted, W. Robert Herbert City Manager WRH/DDR/ms cc: City Attorney Director of Finance Roanoke, Virginia April 11, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: I. BACKGROUND SUBJECT: BIDS TO PURCHASE TWO (2) AUTOMOBILES FOR SOCIAL SERVICES, BID NUMBER 88-3-71 November 9, 1987, City Council designated funds in the Capital Maintenance and Equipment Replacement Program to purchase two (2) new automobiles for Social Services Department. Bid Request were sent specifically to fifteen (15) vendors that are currently listed on the City's bid list. A public advertisement was also published in the Roanoke Times and World News on March 20, 1988. Bids were received, after due and proper advertisement, until 2:00 p.m., on March 29, 1988, at which time all bids so received were publicly opened and read in the Office of the Manager of General Services. II. CURRENT SITUATION Four (4) bid responses were received. Bid tabulation is attached. B. Ail bids were evaluated in a consistent manner. The lowest bid as submitted by Magic City Motor Corp., meets all required specifications. III. ISSUES 1. Need 2. Compliance with Specifications 3. Fund Availability IV. ALTEP/NATIVES Council accept the lowest bid meeting specifications on two (2) new automobiles for Social Services, as submitted by Magic City Motor Corp., for the total amount of $16,883.32. Honorable Mayor and City Council Page 2 Need - Requested vehicles are required to provide transportation for clients and foster care children. Compliance with Specifications - the bid submitted by Magic City Motor Corp., meets all required specifi- cations. Fund Availability - funds are designated in the Capital Maintenance and Equipment Replacement Program to pro- vide for this purchase. B. Reject all bids. Need - necessary vehicles for appropriate trans- portation service would not be provided. Compliance with Specifications ~ would not be a factor in this alternative. Fund Availability - designated funds would not be expended. V. RELATION Council concur with Alternative "A" - accept the bid sub- mitted by Magic City Motor Corp., for two (2) new auto- mobiles for the total cost of $16,883.32 and reject all other bids. ApDroDriate $16,883.32 from Capital Maintenance and Equipment Replacement Program to Social Services account 001-054-5313-9010 to provide for this purchase. Committee: Respectfully submitted, Corinne B. Gott D. Darwin Roupe CBG/DDR/ms cc: City Attorney Director of Finance Office of t'ne City Cler~ April 13, 1988 File #169-107 Mrs. Elizabeth H. French Virginia Green Lawn and Garden Center 4507 Melrose Avenue, N. W. Roanoke, Virginia 24017 Dear Mrs. French: I am enclosing copy of a report of the Water Resources Committee reco~ending that the request of Virginia Green Lawn and Garden Center for a revocable license to encroach into the right-of-way of a public street, by erecting a sign in front of 4509 Melrose Avenue, N. W., be denied, which report was before the Council of the City of Roanoke at a regular meeting held on Monday, April 11, 1988. On motion, duly seconded and adopted, Council concurred in the recommendation of the Water Resources Committee. SHE:fa pc: Mr. Mr. Sincerely, Sandra It. Eakin Deputy City Clerk Mr. Mr. Mr. Mr. Administrator Mr. John Ro Marlles, Chief Mr. Kit B. Kiser, Director W. Robert Herbert, City Manager Wilburn C. Dibiing, Jr., City Attorney William F. Clark, Director of Public Works Charles M. tIuffine, City Engineer Richard V. Hamilton, Real Estate Agent Ronatd H. ~itler, Building Commissioner/Zoning of Community Planning of Utilities and Operations Room456 MunlcipalBuilding 215G~urchAve~ue, S.W. Roonoke, Virg~nla24011 (703)981-2541 Roa~ke,~ :Vi~ainia , Aprq9 1~[?: i-9~8 ~ ~ Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Encroachment of Sign into Street R.O.W. Virginia Green Lawn & Garden Center 4507 Melrose Avenue, N.W. The attached staff report was considered by the Water Resources Committee at its meeting on March 28, 1988. While it's true that the street right-of-way at the point in question is unusually wide and Council should support this new business, it would be against a long- standing policy to start permitting advertising or identity signs to be constructed in the public right-of-way. Such a precedent setting permit would also be contrary to the spirit of Council's policy regarding advertising signs in general. Your committee concurs in the staff recommendation to deny the request to permit the encroachment. ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Virginia Green Lawn & Garden Center Director of Public Works Building Con~nissioner Chief of Planning Real Estate Agent Respectfully submitted, Elizabeth ~ Bo~les, 6ha~rm~n ~ter Resources 6o~r~ittee INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: March 24, 1988 Members, Water Resources Committee Mr. Kiser thru ~r.~e~t~-~ ~' ~ Encroachment of Sign Into Street R.O.W. Virginia Green Lawn & Garden Center 4507 Melrose Avenue, N.W. I. Back~round: Ao Virginia Green Lawn & Garden Center recently submitted site plans to the City for the construction of a seasonal greenhouse and garden sales area. Plans included a sign in public right of way in front of the property (see attached plan). II. Current Situation: III. Site plans were approved with the sign sitting on a temporary stand on private property, however, the petitioner has asked that the sign be moved onto public street right of way. Several existing signs, that have been there some time, are in place near Pilot Street, N.W. They appear to be as near the paved portion of Melrose Avenue, N.W. as the proposed sign, probably due to the varying width of the right of way in this area. Should such a sign be allowed by Council, further action by the Board of Zoning Appeals would still be necessary under § 36.1-404 (a). A. Need B. Timin~ C. Indemnification and Public Liability Insurance D. Precedent E. Policy Page 2 IV. Alternatives: Committee recommend to City Council that it refuse to authorize the issuance of a revocable license to encroach upon a public street permitting a four (4) foot by six (6) foot sign to be erected in the northerly right of way of Melrose Avenue, N.W., in front of No. 4509 Melrose Avenue, encroaching six (6) feet into the right of way (see attached map). Need expressed by petitioner for sign in most visable location not as adequately met as sign must be set back six (6) feet or so onto private property. 2. Timing to move sign onto right of way as early in spring planting season as possible is not met. 3. Indemnification and Public Liability Insurance are not an issue. 4. Precedent of allowing private advertising sign on public right of way is not set. Policy of City is to reject the placing of private advertising in the public right of way and refusal in this instance would follow that policy. Committee recommend to City Council that it authorize the appropriate City officials to execute a revocable license to encroach upon a public street, pursuant to §15.1-376, Code of Virginia (1950), as amended, permitting a four (4') foot by six (6') foot sign to be erected in the northerly right of way of Melrose Avenue, N.W. in front of No. 4509 Melrose Avenue, encroaching six (6') feet into the right of way (see attached map and sketch). Licensee must also: i. Agree to construct and maintain the sign to the City Manager's satisfaction. ii. Contact and obtain any necessary approval from the Virginia Department of Transportation. iii. Sign must conform to the requirements of the City's Sign Ordinance. 1. Need by petitioner for an advertising sign in a visable location is met. 2. Timing to permit sign as soon as possible (as spring gardening season has started) is met. Page 3 Indemnification and Public Liability Insurance are to be provided by petitioner at a level satisfactory with the City Attorney. Precedent of allowing private advertising sign in public right of way is set. Policy of refusing such requests for private advertising on public right of way is not followed. Recommendation: Committee recommend to City Council that it refuse to authorize a revocable license for an encroachment into the right of way of Melrose Avenue, N.W. in accordance with Alternative "A". KBK/RVH/mm Attachments cc: Virginia Lawn and Garden Center City Attorney Director of Finance Director of Public Works Building Commissioner City Engineer VIRGINIA GREEN LAWN AND GARDEN ~TIER 4507 Melrose Avenue, N. W. Roanoke, VA 24017 March 3, 1988 bO. Kit Kiser Director of Utilities and Operations 215 Church Avenue, S. W. Roanoke, VA 2AOll Dear Mr. Kiser: Per our telephone conversation yesterday I am requesting that we be allowed to ~ut our business sign on the piece of property in front of the lot we have leased on Melrose Avenue. As you requested, I am sending a ~opy of the revised site plans with the location of our sign highlighted. As you can see on the drawing, the strip of land is more then 30' wide. Our sign base is only 8' wide, and if we put the sign Just inside the line toward the ~arking lot, that would leavs over 22' from the edge of the street. Also, we are planning to meintein this section of prop- erty (mow, trim, fertilize and remove weeds) if we are allowed to put our sign on it. In addition, we are putting in 3 trees of at least 2-1/2 caliper each along the front of the lot along Melrose Avenue. Not on!ywill these improvements benefit our busimess, but Roanoke City as well. We would greatly aonreciate being allowed to place our ~ign at this location. Please advise us if there are any other steps we need to take in order to get this done. Thank you for your consideration. If you have any questions or concerns, please call me at 986-1906 or David Lucas at 986-3227. Sincerely, (Mrs.) Elizabeth M. French Partner ~-'~closu~e Vi¢~ S i c,.N,~ c,-~ Post I/.-.~IRT- FILLEO A/~1} ~J LAIVD$~.Ap~D aox ¢~, x ~,'~, 2')]' C~¢e o~ the O~ April 13, 1988 File #29-169 The Honorable Noel C. Taylor Mayor, City of Roanoke Roanoke, Virginia Dear ~tayor Taylor: I am attaching copy of Ordinance No. 29053, authorizing execution of an indenture between the City and Appalachian Power Company, to construct, erect, operate and maintain a tine or lines for the purpose of transmitting electric power overhead, said right-of- way being in the City of Roanoke through land owned by the City situate on Mount Pleasant Boulevard, S. E., and containing City of Roanoke Fire Department Station No. 11 and a Training Tower, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, April 4, 1988, also adopted by the Council on second reading on Monday, April 11, 1988, and will take effect ten days following the date of its second reading. Sincerely, SHE: ra Enc. pc: Sandra H. Deputy City Clerk Mr. M. P. Paitsel, Right-of-Way Agent, Appalachian Power Company, P. 0. Box 2021, Roanoke, Virginia 24022-2121 Mr. W. Robert Herbert, City Manager Mr. Witburn Co Dibting, Jr., City Attorney Mr. George C. Snead, Jr., Director of Administration and Public Safety Afr. Harry P. McKinney, Fire Chief Mr. William F. Clark, Director of Public Works Mr. Richard V. Hamilton, Real Estate Agent Mr. Kit B. Kiser, Director of Utilities and Operations Room456 MunlcipalBuildlng 215(D~urchA',~ue, S.W. Roonc~e, Virglnla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, lbe lltb day of April, 1988. No. 29053. AN ORDINANCE authorizing execution of an indenture between the City and Appalachian Power Company. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Mayor and the City Clerk are hereby authorized for and on behalf of the City to execute and attest, respectively, an indenture with Appalachian Power Company giving license and per- mit for nominal consideration to said Company, its successors and assigns, to construct, erect, operate and maintain a line or lines for the purpose of transmitting electric power overhead, said right-of-way being in the City of Roanoke through land owned by the City situate on Mount Pleasant Boulevard, S. E. and con- taining City of Roanoke Fire Department Station No. 11 and a training tower, the location of said electric facility being shown colored in gray on print of Appalachian Power Company's Drawing No. R-2350-F, dated December 21, 1987, and entitled, "Proposed Right of Way on Property of City of Roanoke," a copy of which is on file in the Office of the City Clerk. 2. The form of such indenture shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia April 4, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Appalachian Power Company (APCO) Indenture No. 11 Fire Station Property Mount Pleasant Blvd., SE Tha attached staff report was considered by the Water Resources Committee at its meeting on March 28, 1988. The Committee recommends that Council authorize the execution of APCO indenture providing easement for electric power line across Fire Station No. 11 site to serve Bennington Place Shopping Center. Respectfully submitted, eth T Bowles, Chairman Water Resources Con~nittee ETB:KBK:afm Attachment cc: City Manager City Attorney Director of Finance Director of Administration & Public Safety Fire Chief Real Estate Agent M. P. Paitsel, Right of Way Agent, APCO INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: THRU: RE: March 3,1988 ~be~er Resources Committee Kit B. Kiser, D: of Utilities and Operations W. Robert Herbel~l~,-Ctty Manager Appalachian Power Co. (APCo) Indenture No. 11 Fire Station Property Mount Pleasant Blvd., S.E. I. Back~round A. Bennington Place Shopping Center is being developed on property to the east of the Fire Station. B. APCo has an electric power line across the southeasterly corner of the Fire Station lot. They wish to serve the shopping center from that line. Current Situation A. APCo has submitted an indenture which would create an easement 180 feet long and 35 feet wide and would permit the installation of an electric service line extending from a new pole in the existing line to the shopping center property parallel and adjacent to the northerly side of Mount Pleasant Boulevard, S.E. (See attached APCo Drawing No. R-2350-F). III. Issues: A. Need B. Timin8 C. Risht to relocate IV. Alternatives: A. Committee recommend to City Council that it authorize the execution of APCo Indenture providing easement for electric power line across Fire Station No. 11 site to serve Bennington Place Shopping Center. 1. Need for provision of electric power is met. 2. Timin8 to provide easement for power to shopping center under construction is met. 3. Risht to relocate is reserved by the City. Page 2 B. Committee not recommend to City Council that it authorize the exe- cution of an APCo Indenture to provide an easement across No. 11 Fire Station site. 1. Need by APCo for route for power line is not met. 2. Timin~ to provide easement as quickly as possible is not met. 3. Right to relocate by City is moot. Recommendation: Committee recommend to City Council that it authorize the execution of the APCo Indenture in accordance with Alternative "A". CC: City Attorney Director of Finance Director of Administration and Public Safety Fire Chief PO Box 2021 Roanoke, VA 24022-2121 703 985 2300 March 2, 1988 Mr. Richard V. Hamilton Right of Way Agent City of Roanoke Office of the City Engineer 215 Church Avenue, SW Roanoke, Virginia 24011 APPALACHIAN POWER M~ ~ ]9~ OFFICE OF CITY ENOINEF. R RE: Indenture - No. 11 Fire Station Dear Mr. Hamilton: Enclosed you will find a revised copy of the referenced indenture. The revised indenture has received approval of the appropriate managerial people of Appalachian. The changes that Mr. Kit B. Kiser, Director of Utilities and Operations, asked that we review in your letter of February 16, 1988 are as follows: "Subject to the approval of the party of the first part" is to be added after Appalachian Power Company's right to cut, trim, etc. trees, etc. Appalachian must have the phrase "other than emergency situations" added after the "Subject to..." clause. This is necessary because of emergency situations such as ice and/or snow storms, a vehicle breaking a pole in an accident, or a tree blowing into the line. If these incidents occur late at night, or on holidays or weekends, we must have the right to clear this up without approval of the City if no one is available to grant permission. The relocation clause requested by Mr. Kiser has been added following the description of right-of-way and easement on page 1. As you know, the C.B.L. Management Inc. "Bennington Place" shopping center is progressing ahead of schedule. We would appreciate your assistance in forwarding the revised indenture through channels. Thank you for your attention to this matter. Very truly you4~s, M. P. Paitsel Right-of-Way Agent vsr enclosure THIS INDENTURE, made this 23rd day of February, the CITY OF ROANOKE, a municipal corporation existing Commonwealth of Virginia, party of the first part, COMPANY, a Virginia public service corporation, party of 1988, by and between under the laws of the and APPALACHIAN POWER the second part. WITNESSETH: THAT FOR AND IN CONSIDERATION 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 to construct, erect, operate, and maintain a line or lines for the purpose of transmitting electric power overhead within the property of the City of Roanoke, Virginia, containing City of Roanoke Fire Department Station Number 1! and a training tower, to serve "Bennington Place" Shopping Center. The location of said right-of-way and easement being shown as a shaded area on Appalachian Power Company Drawing No. R-2350-F, dated December 21, 1987, entitled "Proposed Right of Way on Property of City of Roanoke", attached hereto and made a part hereof. It is understood and agreed that, if in the future, these facilities interfere, with the use of these premises, Appalachian, at its own expense, upon written notice from the Manager of the City of Roanoke, shall, within ninety days, relocate for one (1) time only said facilities to another location on said premises. The grantor, their successors, or assigns, shall furnish without cost to Appalachian a he, location for said facilities. Together with the right, privilege and authority to said party of the second part, its successors and assigns, to construct, erect, install, place, operate, maintain, inspect, repair, renew, re. ye, add to the number of, poles, with wires, cables, crossarms, guys, anchors, grounding systems and all other appurtenant equil~nent and fixtures (herein after called "Appalachian's Facilities"), and string wires and cables, adding thereto from time to time, across, through, or over the above referred to premises; the right to cut -1- down, trim, and/or otherwise control, and at Appalachian's option, but subject to the approval of the party of the first part, other than emergency situ- ations, remove from said premises, any trees, overhanging branches, buildings or other obstructions which may endanger the safety of, or interfere with the use of Appalachian's Facilities; and the right of reasonable 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, cressarms, guys, anchors, grounding systems 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 incon- sistent with the rights herein granted. -2- TO HAVE AND TO HOLD the same unto the said Appalachian Power Company, its successors and assigns. 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 CITY OF ROANOKE MAYOR ATTEST: CITY CLERK STATE OF VIRGINIA) TO WIT: CITY OF ROANOKE I, , Notary Public in and for the City and State aforesaid, do certify that Noel Taylor and Mary F. Parker, Mayor and City Clerk, re~oectlvely, of the City of Roanoke, whose names as such are signed to the writing above, bearing date the 23rd day of February, Ig88, have each acknowledged the same before me in my jurisdiction aforesaid. Given under my hand this -- day of , 19 NOTARY PUBLIC My Commission Expires: -3- 3780- FIRE TRAINING TOWER FiRE- NO. 11 PROPOSED FOLE IN LINE MOUNT 278 ;7 CITY OF' ROANOKE T.D. 665020 APPALACHIAN POWER COMPANY ROANOKE VIRGIN/A ROANOKE DIVISION TC,, D. DF..PARTMENT PROPOSEO RIGHT OF WAY ON PROPERTY OF CITY OF ROANOKE DRAWN DY J. E .W. IDA'rE, "12- 2t-87 APP, IV J.B.A. IIIJSCALE 1'*= 1OO DRAWING NO. R - 2.. 3 5 O- F Office af the City Cle~ April 13, 1988 File #169 Mr. John D. Copenhaver Attorney Room 421, Shenandoah Building 305 First Street, S. W. Roanoke, Virginia 24011 Dear Mr. Copenhaver: I am enclosing copy of Ordinance No. 29054, permitting an encroachment of approximately 3.4 feet over and into the right- of-way of West Drive, S. W., for an appendage of the structure located on the property bearing Official Tax No. 1350720, upon certain terms and conditions, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, April 4, 1988, also adopted by the Council on second reading on Monday, April 11, 1988. The abovedescribed ordinance shall be in full force and effect at such time as a copy, duly signed, seated~ attested, and acknowledged by the Executrix of the Estate of Norton Stone, has been admitted to record, at the cost of the permittee, in the Office of the Clerk of the Circuit Court of the City of Roanoke. Sincerely, Sandra If. Eakin Deputy City Clerk SHE:fa Enc. pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. Richard V. Hamilton, Real Estate Agent Mr. Kit B. Kiser, Director of Utilities and Operations Room456 MunlcipalBuildlng 215C~urchAve~ue, S.W. Roanoke, Vtrglnia24011 (703)98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of ^pri], 1988. No. 29054. AN ORDINANCE permitting an encroachment of approximately 3.4 feet over and into the right-of-way of West Drive, S.W., for an appendage of the structure located on the property bearing Official Tax No. 1350720, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission be and is hereby granted the current owner, Estate of Norton Stone, and its grantees, assignees, or successors in interest, of the property bearing Official Tax No. 1350720, otherwise known as 1511Persinger Road, S. W., within the City of Roanoke, to maintain an encroachment for an appendage of the structure located on the above-described property extending approximately 3.4 feet over and into the public right-of-way of West Drive, S.W., said encroach- ment being as more fully described in a report of the City Manager, dated April 4, 1988, and the accompanying survey on file in the Office of the City Clerk. 2. Said permit, granted pursuant to $15.1-377, Code of Virginia (1950), as amended, shall allow such encroachment to be maintained as it exists, until such structure is destroyed or removed and is subject to all the limitations contained in the aforesaid $15.1-377. 3. It shall be agreed by the permittee that, in maintaining such encroachment, said permittee and its grantees, assignees, or suc- cessors in interest covenant and agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachments over public street right-of-way. 4. Permittee, its grantees, assignees shall for the duration of this permit, with out of the maintenance and use of the area permitted to encroach into City right-of-way hereunder, provide to the City Manager evidence of general public liability insurance with limits of not less than, in the case of bodily injury liability insurance, $100,000 for injuries, including death, to one person in any one occurrence, and $300,000 annual aggregate, and in the case of property damage insurance, $50,000 for damage in any one occurrence and $100,000 annual aggre- gate, and including the City of Roanoke, agents as additional insureds. 5. This ordinance shall be in full as a copy, duly signed, sealed, attested, or successors in interest, respect to claims arising its officers, employees and force and effect at such time and acknowledged by the Executrix of the Estate of Norton Stone, has been admitted to record, at the cost of the permittee, in the Office of the Clerk of the Circuit Court of the City of Roanoke. ATTEST: City Clerk. ACCEPTED and EXECUTED by the undersigned this day of , 1988. Selena Pedersen, Executrix, Estate of Norton Stone - 2 - STATE OF VIRGINIA CITY OF ROANOKE I, , the undersigned Notary Public in and for the City of Roanoke, State of Virginia, do hereby certify that Selena Pedersen, Executrix of the Estate of Norton Stone, whose name is signed to the foregoing writing bearing date of , 1988, has personally appeared before me in my juris- diction aforesaid and acknowledged the same. Ny Commission expires: Notary Public - 3 - Roa~e ~i~V~n~a April 4, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Encroachment into Street Right of Way 1511 Persinger Road, S.W. The attached staff report was considered by the Water Resources Committee at its meeting on March 28, 1988. The Committee recommends that Council authorize the execution of a license to permit the encroachment of the residence at 1511Persinger Road, S.W. 3.4 feet into West Drive, S.W. in accordance with conditions in the attached report for a one time charge of $100.00. ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Director of Public Works Real Estate Agent Mr. John D. Copenhaver, Attorney Respectfully submitted, Water Resources Committee INTE ~DE?ARTHENTAL COMMUNICATION DATE: March 7, 1988 TO: Msmbers,nWater Resources Committee FROM: Kiser, Director of Utilities and Operations THRU: W. Robert Herber~ Manager Encroachment into street right-of-way 1511 Persinger Road, S.W. I. Backsround: Mr. Norton Stone owned the property at the referenced address, and further identified as Lot 13, Section B, Lakeland, Official Tax No. 1350720, for many years. Mr. Stone built an addition on the house in approximately 1962. The addition is on the easterly end of the house facing West Drive, S.W. II. Current Situation: A. Mr. Stone died in 1987. The Executrix of his estate, his daughter, Mrs. Selena Pedersen, is selling the house. Bo Survey of the Stone property prepared by T. P. Parker & Son, Engineers and Surveyors, dated February 23, 1988 (attached) has established that the northeasterly corner of the 1962 addition to the house encroaches into the right-of-way of West Drive, S.W. 3.4 feet. West Drive~ 8. W. is a dead-end street, currently about 500 feet long, 34 feet wide, which has little chance of ever being extended and which could not be made a through street. There is only one other residence on the street and it is owned by Mrs. Selena Pedersen, Mr. Stone's daughter. City Administration feels that a license for the encroachment, to extend for the life of the structure, with appropriate public liability insurance and indemnification of the City, pursuant to §15.1-377, Code of Virginia (1950) as amended, would be appropriate in this case. E. Pursuit of both a license to encroach and a whole or partial street III. closin~ is the intent of Mrs. Pederson who will ultimately choose the option that is the most advantageous to her that is approved. A. Need B. Timin~ Page 2 C. Indemnification and Public Liability Insurance D. Charge IV. Alternatives: A. Committee recommend to City Council that it authorize the execution of a permit to encroach upon a public street, pursuant to §15.1-377, Code of Virginia (1950), as amended, to be in effect for the life of the structure, permitting the residence at 1511 Persinger Road, S. W. to encroach into the right-of-way of West Drive, S. W. 3.4 feet. 1. Need by property owner to clear title so property may be sold is met. 2. Timin~ to permit sale at earliest date is met. 3. Indemnification and Public Liability Insurance are to be pro- vided by the petitioner. 4. Charge in the amount of $100.00 is to be assessed for this license to encroach. B. Committee not recommend to City Council that it authorize a permit to encroach upon West Drive, S. W. 1. Need by property owner to clear title to permit sale is not met. 2. Timin~ to allow sale as quickly as possible is not met. 3. Indemnification and Public Liability Insurance are not an issue. 4. Charge is a moot issue. V. Recommendation: Committee recommend to City Council that it authorize the execution of a license to permit the encroachment of the residence at 1511 ?ersinger Road, S. W. 3.4 feet into West Drive, S. W. in accor- dance with Alternative "A" for a one time charge of .$100.00. KBK/RVH/hw Attachments CC: City Attorney Director of Finance Director of Public Works Mr. John D. Copenhaver, Attorney COPE-~HAVER, ELLETT, COR-.~TELI$O]q' ~ March 3, 1988 Mr. Richard V. Hamilton Engineering Coordinator Water Resources Board Room 350, Municipal Building 215 Church Avenue, $. W. Roanoke, VA 24011 OFFICE OF CiTY ENGINEER Re: Lot 13, Section B, Lakewood - 1511 Persinger Road, S. W. Dear Mr. Hamilton: Mr. Norton Stone died in Roanoke on November 26, 1987. He was the sole owner of the above parcel. His will was admitted to probate in the Clerk's Office of the Circuit Court of the City of Roanoke on December 10, 1987, and his daughter, Selena Pedersen qualified as Executrix. The real property is under contract of sale to Mr. and Mrs. Theodore R. Kingsley and it has been learned that there is a 3.4 foot encroachment into West Drive, S. W. which is a 34 foot wide dedicated street extending 400 feet more or less northerly from Persinger Road. A copy of the plat prepared by T. P. Parker dated February 23, 1988, is attached. Mrs. Pedersen is the owner of the residence at 1511 West Drive, the only resident on West Drive. Mrs. Pedersen and the undersigned, as attorney for the above estate, request the authority and issuance of an encroachment permit by the City of Roanoke to allow the encroachment to remain. Sincerely, COPENHAVER, ELLETT, CORNELISON J~n D. Copenhaver & WELD JDC/maa i ~J .Y: T. P. PARKER & SON Office c~ ~e City Oerk April 13, 1988 File #27-28 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: [ am attaching copy of Ordinance No. 29055, authorizing vacation of an approximately 90 square foot portion of a public utility, sanitary sewer and drainage easement located adjacent to Centre Avenue and upon Lot 2A, Runnymede Subdivision, Official Tax No. 2310207, upon certain terms and conditions, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, April 4, 1988, also adopted by the Council on second reading on Monday, April 11, 1988, and will take effect ten days following the date of its second reading. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:ra pc; Mr, Gary L. Sledd, President, Valley Machine & Maintenance Company, Inc., 2124 Loudon Avenue, N. W., Roanoke, Virginia 24017 ~ir. Witburn C. Mr. William F. Mr. Charles M. Mr. Richard V. Dibting, ,Ir., City Attorney Clark, Director of Public Works Huffine, City Engineer Hamilton, Real Estate Agent Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Jesse H. Perdue, .Ir., Manager, Utility Line Services Room 456 Munlcll:~al I~ullding 2t5 C~ur~ Avenue, S.W. I~Jano~e, ¥1rg~nia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Ibe tltb day of April, 1988. No. 29055. AN ORDINANCE authorizing vacation of an approximately 90 square foot portion of a public utility, sanitary sewer and drainage easement located adjacent to Centre Avenue and upon Lot 2A, Runnymede Subdivision, Official Tax Number 2310207, upon cer- tain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City appropriate documen- tation in form approved by the City Attorney vacating an approxi- mately 90 square foot portion of a combined public utility, sanitary sewer and drainage easement in a triangular area approximately 45 feet long, 4 feet wide and tapering to 0 feet, said documentation to provide that the legal owner of the affected property shall agree to indemnify the City from any per- sonal injury or property damage resulting from such vacation and that the legal owner of parcels bearing Official Tax Nos. 2310207 and 2310224 shall donate an appropriate easement to the City in form approved by the City Attorney for the extension of the sewer, storm drain and public utility service to Official Tax No. 2310224 as more particularly set forth in the report to this Council from the Water Resources Committee dated April 4, 1988. ATTEST: City Clerk. Roanoke, Virginia April 4, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Encroachment in Sanitary Sewer Easement Valley Machine & Maintenance Co., Inc. 2124 Loudon Avenue, N.W, The attached staff report was considered by the Water Resources Cox~nittee at its meeting on March 28, 1988. The Committee recommends that an approximately 90 square foot portion of an easement on Official Tax No. 2310207 be vacated in accordance with conditions in the attached report and at the same time accept the donation of the extension of the remaining portion of the fifteen (15') easement from its current terminus to the adjacent property line to serve property identified by Official Tax No. 2310224. Respectfully submitted, bet~ ~ ~o~les~ ~.rm~n ~ter Resources Co~±ttee ETB:KBK:afm Attachment CC: City Manager City Attorney DirectoT of Finance Director of Public Works City Engineer Manager, Utility Line Services Mr. Gary L. Sledd, President, Valley Machine & Maintenance Co., Inc. Real Estate Agent INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: March 15, 1988 ~ ~.~'~Members' Water M~b~er'tRes°~'~C°mmittee ~---Mr. Kiser thru Encroachment in Sanitary Sewer Easement Valley Machine & Maintenance Co., Inc. 2124 Loudon Avenue, N.W. I. Back~round: Valley Machine & Maintenance Company~ Inc. occupies Lots 2A and 2B, Runnymede Subdivision, Official Tax Numbers 2310207 and 2310224. These lots extend through the block between Loudon and Centre Avenues, N.W. The existing building is 100 feet wide and 150 feet long. II. Current Situation: Property owner desires to add an addition, 40 feet long and 100 feet wide, onto the rear (Centre Avenue end) of the structure. Addition encroaches upon a combined public utility, sanitary sewer and drainage easement in a triangular area approxima- tely 45 feet long, 4 feet wide at its widest point and tapering to 0 at the apex of the triangle (see attached maps). III. Issues: A. Need B. Timing C. Protection of Existin$ Sewer IV. Alternatives: Committee recommend to City Council that it authorize the vacation of an approximately 90 square foot portion of the combined sanitary sewer, storm drainage and public utility easement on Lot 2A, Runnymede Subdivision, Official Tax Number 2310207. Conditions to be met are: Page 2 No damage to existing City-owned facilities. Should damage occur, all repairs to be made at pro- perty owner's expense. ii. Legal documentation to be prepared by property owner subject to the approval of the City Attorney. iii. Owner of Official Tax Numbers 2310207 and 2310224 agrees to donate at this time an easement to the City for the extension of the sewer, storm drain, and public utility service to Official Tax No. 2310224. 1. Need by property owner to encroach upon a small portion of the easement is met. 2. Timin~ to permit property owner to begin construction of building addition is met. 3. Protection of existin~ sewer is provided by property owner. Committee not recommend that City Council authorize the vaca- tion of a small portion of an easement on Official Tax No. 2310207. 1. Need by owner not met. 2. Timin8 to permit beginning of construction not met. 3. Protection of existin8 sewer is not an issue. Recommendation: Committee recommend that an approximately 90 square foot portion of an easement on Official Tax Number 2310207 be vacated in accordance with Alternative "A" and at the same time accept the donation of the extension of the remaining portion of the fifteen (15') foot easement from its' current terminus to the adjacent property line to serve property identified by Official Tax No. 2310224. KBK/RVH/mm Attachments CC: City Attorney Director of Finance Director of Public Works City Engineer Manager, Utility Line Services VALLEY MACHINE & MAINTENANCE CO., INC. 2124 Loudon Avenue, N.W. Roanoke, Virginia 24017 345-4247 342-7142 Mr. Kit Kiser Director of Utilities and Operations 215 Church Ave. SW Roanoke, Virignia 24011 March 7, 1988 RE: Valley Machine Addition Vacation of Sanitary Sewer Easement Dear Mr. Kiser: Per our Engineer's discussions with you concerning the encroachment of our proposed building addition upon an existing sanitary sewer easement we, hereby, as owner of Lots 2A& 2B Runnymede Subdivision, Tax Parcels 2310207 & 2310224, request the vacationof that portion of the sanitary sewer easement indicated on the enclosed sketch. Also, please find enclosed a section through the proposed building turned-down-slab and the sewer manhole (the closest portion of the existing sewer line) as requested. Per your request, should we ever sell the lot to the east, which is not presently served by the sanitary sewer, we agree to donate, or sell in conjunction with the property, a sanitary sewer easement in a mutually agreeable location to serve said parcel. Sincerely, Valley Machine & Maintenance SHEET NO OF CALCULATEO BY. DATE CHECKED BY DATE cr..m'Rr. ~w. (~ ~ / / II o/, /;O~NO/CZJ / ~ PROP. ,:l,O'x tOO' / _ _AI::X:)tTIO~ __ .-- ~ I I00" 150' ~£TAI. BLOG. FIN. FL. 8~.00 SHEET NO OF CALCULATED EY DATE CHECKED EY . DATE. SC^LE /" =* ~ / A~,'~,.~. , ~a.~r Airport Commission W. Robert Herbert, Chairman Lee Garreft Vice Chairman J. ~,1 M. Schlanger Bob L. Johnson Kit B, Kiser Robert C, Poole, AJrport Manager 1635 Aviation Drive Roanoke, Virginia 24012 (703) 981-2531 April 11, 1988 Roanoke Regional Airport Commissioners I am pleased to inform you that I have received this date a signed grant offer from Mr. William A. Whittle, Director of the FAA Washington Airports District Office, for $2,200,000 of discretionary funding for our Airport Ter~-Jinal Development Project. This concludes the requested Federal and State funding for this project. The final funding amounts are as follows: Commonwealth of VirKinia $6,219,521 Federal Government (FAA} Entitlement - $5,786,324 Discretionary - $3,400~000 $9,186,324 Respectfully, W. Robert Rerbert, Chairman Roanoke Regional Airport Commission WRH:KBK:afm CC: Mayor and Members, Roanoke City Council Chairman and Members, Roanoke County Board of Supervisors Airport Manager Office of the City Cien~ Aprit 20, 1988 File #467 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, April 11, 1988, you were requested to confer with the Superintendent of Schools with reference .to arranging tours of certain neighborhood schools, the first of such tours being Highland Park Elementary School. Council also requested that the architect for the proposed renovations at Highland Park School be in attendance and that the President of Oid Southwest, Inc., be invited to participate in the tour. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Edwin R. Feinour, Chairman, Roanoke City School Board, 3711Peakwood Drive, S. W., Roanoke, Virginia 24014 Dr. Frank P. Tota, Superintendent of Schools, P. 0. Box 13145, Roanoke, Virginia 24031 Room456 Munlcipall~uildlng 215(~urchAve~ue, S.W. Roanoke, ¥1rg~nia 24011 (708) 981-2541 April 20, 1988 File #354 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, April 11, 1988, you were requested to provide Council with a progress report on E-911. Council member Bowers asked that you address such matters as: the number of calls which have been responded to by emergency service personnel, input from the Police and Fire Departments and rescue squads, and other per- tinent information you deem appropriate. Sincerety,~X ~ ~. ~ Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. George C. Snead, Director of Administration Safety Mr. Warren E. Trent, Manager, Emergency Services and Public Room456 MunlclpalBuildlng 215 Church A'v~nue, S.W. Roano~e, Virg~nla24011 (703)981-2541 Office of the City Clen~ April 20, 1988 File #66 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. tferbert: At a regular meeting of the Council of the City of Roanoke held on Monday, April II, 1988, Ms. Stephanie Jackson, 2014 Staunton Avenue, N. W., expressed concern with regard to the number of bee hives which are kept by Mr. John May, 2024 Staunton Avenue, N.W. Ms. Jackson informed Council that Mr. May has over twenty- four bee hives in his backyard, that the condition has existed for eight years and is steadily growing worse. She said it is virtually impossible to use her backyard for any type of acti- vity. She pointed out that residents in the area have registered complaints with the City; however, they have been advised that Mr. May is in compliance with provisions of the City Code. Ms. Jackson asked that Council review current provisions of the City Code, and amend those portions pertaining to beekeeping in the City of Roanoke. On motion, duly seconded and adopted, the matter was referred to you for investigation as expeditiously as possible. Sincerely, ~ ~fary F. Parker, CMC City Clerk MFP:ra pc: Ms. Stephanie Jackson, Virginia 24017 2014 Staunton Avenue, N. W., Room456 Mu~lCtl:~lBuilding 215~"~'chAvec'~ue, S.W.~,Virgtnla24011 (703)981-2541