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HomeMy WebLinkAboutCouncil Actions 08-25-8628312 ( Bowles ) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL August 25, 1986 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. All present, The invocation will be delivered by Pastor, Riverdale Baptist Church. Prese~bt. Dr. Joe R. Bryant, The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. 1986 State of the City. Mayor Noel C. Taylor· Presentation by the Kisumu Sister Cities Committee· Mrs. Nina C. Bolden, Member. (Withdrawn) ~pted Ordinance No. 28312 (7-0) with regard to a~signment of an agreememt among the City, GRTC and CSS Pa~nership for parking spaces. PUBLIC HEARINGS Public hearing on General Revenue Sharing and amendment of the 1986-87 General Fund Budget· Mr. W. Robert Herbert, City Manager. Adopted Ordinance No, 28313 (7-0). 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 Minutes of the regular meetings of Counci held on Monday, July 28, 1986, and Monday, August 11, 1986. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. commenda~Lon No. I: Refe~ed to the City Manager. ( ~ " No. 2: Referred to the City Manager. " No. 3: Referred to the City Manager. " No. 4: Relied to the City Manager. " No. 5: Concu~ed in and the Mayor wu au~ho~zed to imterview and h~e approp~o~te pe~on. " No. 6: Relied to City Manager, (i) 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. C-3 C-4 C-5 C-6 C-7 A communication from Council member David A. Bowers suggesting that the City Clerk's Office provide, on a regular basis, copies of the upcoming City Council agendas to the Roanoke County Board of Supervisors, the Salem City Council and the V~nton Town Council. RECOMMENDED ACTION: Concur in suggestion. A communication from Council member David A. Bowers suggesting that a meeting be held between Council and area legislators to discuss the City's future transportation needs prior to a special called session of the Virginia General Assembly in September. (REFERRED TO THE CITY MANAGER, CITY ATTORNEY AND DIRECTOR OF FINANCE). RECOMMENDED ACTION: Concur in suggestion. An informational report of the City Manager with regarO to on-street parking along South Jefferson Street from Elm Avenue to Salem Avenue. RECOMMENDED ACTION: Receive and file. An informational report of the City Manager with regard to proposed amendment of the Thoroughfare Plan Element of the Comprehensive Plan to deal with conflicts with proposed and developing land uses in the Route 460 corridor. RECOMMENDED ACTION: Receive and file. A communication from Tracey K. Parker tendering her resignation as a member of the Youth Services Citizen Board. RECOMMENDED ACTION: Accept resignation with regret and receive and file communication. (2) C-8 A report of the City Manager requesting an Executive Session to discuss a prospective business or industry where no previous announcement has been made, pursuant to Section 2.1-344 (a) (4), Code of Virginia (1950), as amended. IWITHDRAWNI RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a prospective business or industry where no previous announcement has been made, pursuant to Section 2.1-344 (a) (4), Code of Virginia (1950), as amended. 3 o REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: A communication from Mr. Alton L. Knighton, Jr., Attorney, representing the Roanoke ReOevelopment anO Housing Authority, requesting approval of a plan to assist the Young Men's Christian Association of Roanoke, Vicginia, in financing the construction of an athletic facility located in the 500 block of Church Avenue, S. W., adjacent to the gymnasium for the former Jefferson High School, by issuance of one or more of its revenue bonds or notes, in an amount not to exceed $500,000.00. Adopted R~olu~Lon No. 28314 (7-0). A report of the City Ma-nager recommending a'pproval of the request of the Roanoke Redevelopm'ent and Housing Authority for the benefit of the Young Men's Christian Association of Roanoke, Virginia. Rece~Lved and fred. b. A communication from the Roanoke City requesting certain appropriations to school Adopted Ordlnance No. 2838 (7-0). Reports of Officers: School Board accounts. a. City Manager: Briefings: None. Items Recommended for Action: A report recommending authorization for the purchase of certain land from Rockydale Quarries needed for the site of the Frankl in Road water tank. Adoptcd OrdY_~znc~ No. 28316 (7-0). (3) A report recommending authorization to execute a Marine Resources Commission permit for encroachment in, on or over Tinker Creek for replacement of the Mason Mill Road Bridge, N. E. Adopted ~rdinance No. 28317 (7-0). 3. A report with regard to fiscal year 1987 funding foF the Fifth District Employment and Training Consortium. Adopted Ordinance No. 28318 ~-03. 4. A report recommending approval of a license agreement with the National Balloon Racing Association for use of certain City property at Roanoke Reuional Airport to conduct a Balloon Race and related activities in con- junction with the 1986 Air Show. Adopted Ordinance No. 253i9 (7-0). 5. A report recommending authorization to execute Amendment No. 5 to the contract with Delta Associates P.E., Inc., for engineering services for the Runway Extension Project at Roanoke Regional Airport. A~pted Ordinance No. 28320 (7-0). 6. A report recommending approval for execution of a contract with Adult Care Center of Roanoke Valley, Inc., for payment of services delivered to City citizens. A~pted R~olut~on No. 28321 (7-0). A report recommending approval ~gr execution of a contract with the Salvation Army for payment of ser- vices delivered by the Battered Women's Program to City citizens. Adopted R~olu~t~Lon No. 28322 (7-03. 8. A report recommending that a Resolution of support of the request of Piedmont~ Airlines for an ai'r service route to London, England, be sent to the Federal Department of Transportation, with copies to elected Federal representatives, and that the City Attorney be authorized to intervene in the proceeding before the Department of Transportation on behalf of Piedmont Airlines, as appropriate. Adopted R~o£u~6Lon No. 28323 (7-0). 9. A report with regard to acceptance of the Victim/ Witness Assistance Proqram Grant. Adopted Ordinance No. 28324 (7-0) and R~olu~tion No. 28325 (7-0). 10. A report with regard to continuation of a roadway system at the Roanoke Centre for Industry and Technology. Adopted Ordinance No. 28326 (7-0) and Ordinance No. 28327 (7-0). 11. A report with regard to the Orvis land sale agreement at the Roanoke Centre for Industry and Technology. Adopted Ordinance No. 28328 (6-0, A~. H~vey out of Council Chambe~t) on fi~u~t 12. A report with regard to site preparation at the Roanoke~ding. Centre for Industry and Technology. Adopted Ordimanoe No, 28329 and Ordinance No. 28330 (6-0, A~. Harvey out of Council Chamber). (4) 13. A report with regard to a Resolution of applicability of the Davis-Bacon regulations at the Roanoke Centre for Industry and Technology· Adopted R~o£u~.~Lon No. 28531 17-0}. 14. A joint report of the City Manager and the Director of Finance with regard to changes in the current personal property tax system. Adopted Ordinance No. 28332 I7-01 and Ordinance No. 28333 (7-0) on first reading. Director of Finance: 1. A report recommending litter control grant. Reports of Committees: the appropriation of funds from Adopted Ordinance No. 28334 (7-0). A report of the committee appointed to tabulate bids received for flood damage repair, brick picnic shelter in Wasena Park, recommending that a lump sum contract, in the amount of $60,415.00 and 90 consecutive calendar days, be awarded to Construction Services of Roanoke, Inc. Mr. Robert A. Garland, Chairman. Adopted Ordinance No. 28335 (7-0). Unfinished Business: None· Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 28278, on second reading, permanently vacating, discontinuing and closing an unopened alley which separates the north and south portions, of property located at 1049 Palmetto Street, N. W. Adopted Ordinance No. 28278 (7-0) Ordinance No. 28279, on second reading, permanently vacating, discontinuing and closing Scotland Street, N. W., a paper street 344.97 feet in length, which fronts the Westminster Presbyterian Church building and dead ends in a proposed circle. Adopted Ordinance No. 28279 (7-0). Ordinance No. 28280, on second reading, rezoning certain tracts of land identified as Official Tax Nos. 7240101 and 7280101, lying within the Roanoke Centre for Industry and Technology on the northerly side of U. S. Route 460, from AG, Agricultural District, to LM, Light Manufacturing District· Adopted Ordinance No. 28280 (7-0). Ordinance No. 28294, on second reading, approving and authorizing the execution of an assignment of the lease of a 1000 square foot space in the Market Square Parking Garage· Adopted Ordinance No. 28294 (7-0). Ordinance No. 28295, on second reading, providing for the gift to the Town of Vinton of a surplus parcel owned by the City and situated in Vinton, being a 0.41 acre portion of Official Tax No. 4310401. Adopted Ordinance No. 28295 (7-0). (5) 10. f. Ordinance No. 28298, on second reading, providing for the sale and conveyance of a parcel of land owned by the City and located on Montrose Avenue, S. E., bearing Official Tax No. 4140801. Adopted 0rdinance No. 28298 (7-0). g. Ordinance No. 28299, on second reading, permitting a cer- tain encroachment over and into an alley right-of-way located Dehind 514 Woods Avenue, S. W., Official Tax No. 1140205, for an existing wooden fence, upon certain terms and conditions. Adopted Ordinance No. 28299 (7-0). h. Ordinance No. 28300, on second reading, permitting a cer- tain encroachment over and into the right-of-way of Fifth Street, S. W., for an existing wooden fence located adja- cent to 502 Woods Avenue, S. W., Official Tax No. 1140208, upon certain terms and conditions. Adopted Ordinance No. 28300 (7-0). i. A Resolution designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League and for any meetings of the Urban Section of the League. Adopted Resolu~tion No. 28336 (7-0). j. A Resolution endorsing the candidacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League. Adopted R~ol~t, ion No. 28337 (7-0). Motions and Miscellaneous Business: a. Inquiries and/or comments by the Nayor. and members of City Council. Adopted Resolution No. 28338 (7-0), inviting the VML to ho£dit~ Annu~Meeting in Roanoke in 1991.. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: Reappointed Halt~e B. Al§~got~ to the Roanoke Redevelopme~ and Housing A~tho~x~ty. Reappointed James ~. H~vey, II, to the Airpo~t Advisory Commissdon. Reappointed Rob~ A. Garland to the Roanoke Civic Ce~ Commission. Appointed Donald R. Wolth~is to the Citizen' Advisory Comm~ee - City Wide P~k Study. (6) Office of the City (Deck September 11, 1986 File #132-525 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of the Mayor's 1986 State of the City, which report was before the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Un motion, duly seconded and unanimously adopted, Recommendation Nos. 1, 4 and 6 were referred to you for report to Council. Council concurred in Recommendation No. 5. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room456 MunlcipalBuilding 2t5C~urchAvenue, S.W. Roonoke, Vlrginla24011 (703) 981-2541 STATE OF THE CITY 1986 Delivered by Noel C. Taylor Mayor of Roanoke Vice-Mayor Musser, distinguished members of the Roanoke City Council, City Manager Herbert, administrative officials, honored guests and fellow citizens: When we call to mind the gracious will of God by which the people of Roanoke became a City; when we survey the general prosperity of our community, and look forward to the continuing progress and develop- ment to which it seems destined, it is with a sincere feeling of gratitude that I submit my eleventh State of the City message for your consideration. I am pleased to acknowledge the great support and assistance I have received from our elected and administrative officials. I realize the magnitude of their task and I am very cognizant of the outstanding efforts of our City workers who keep our City shining bright. My proclamation of the 16th of August was issued as a fitting tribute to the Roanoke City Personnel Family. To every description of worker, indeed, let praise be given. It is my desire to briefly review with you the progress of the last year, to address the unfinished task and encourage you to accept the serious challenge of the future. I am pleased to report that the state of our City, in spite of the November 4 flood, is stronger than at any time in our history. My happiness in the remainder of my present term of less than two years is the hope which I experience -2- that this state of prosperity is neither deceptive nor destined to be short lived if we continue our business and industrial growth. I speak to you at a time when the nation has burdened itself with a debt unprecedented in our history. The question is how to achieve a balanced federal budget without removing the countless blessings that have been conferred upon our country. -3- THE PROGRESS OF THE LAST YEAR During the past year, the Roanoke City Council employed W. Robert Herbert as the successor to H. Bern Ewert as City Manager. He was immediately tested by the flood, reduction of federal revenues, the challenge of establishing a regional airport commission, a proposed regional water supply, the loss of three City workers by tragic death and the need to develop a comprehensive plan that will guide our future progress and development. Our new Manager passed the test with flying colors. Robert Herbert has the ability and the willing- ness to be calm in a storm. We always knew that our Manager had the technical knowledge to do his job successfully. However, we have been favorably impressed with his ability to relate to others positively and to listen with patience in spite of his busy schedule. In my opinion, Bern Ewert and. Robert Her- bert have been the right men on the right job at the right time. I must applaud the citizens of Roanoke for the amazing patience they exhibited as we staged a comeback from the flood. They gave their Council, Administrators and City workers the time to do what they had to do in the flood recovery program. They also worked as vol- unteers and contributed money. By some miracle of Divine Providence, the City survived the November 4, 1985, flood, and the quality of that survival is one of our citi- zen's most creditable accomplishments. We were faced with what some called an impossible task, but through the sacrificial efforts of our -4- City personnel and citizens, we endured the undefinable agonies of stress and physical strain that not only made the impossible possible, we demonstrated our ability to recover, to regroup and reestablish an era of optimism. Thank God for the courage and determination of men and women, black- and-white-together who restored our City after the raging flood and although we have not fully overcome, there are signs of overcoming. Our City Budget remains in balance in spite of more than four million dollars of flood damage to City property and the loss of revenue sharing. Ail of us were inspired by the high level of citizen participation in the development of the comprehensive plan, called "Roanoke Vision," that will chart the course of our future growth during the next two decades. The year had a tremendous climax with the announcement that Orvis, Inc., a mail-order catalog company from Vermont, will build a $4.5 million distribution center and warehouse in our recently established Centre for Industry and Technology. Another $5 million distribution center and headquarters will be constructed by Advance Stores, a rapidly expanding business that opened its 100th store in Vinton on May 16, 1986. The General Assembly of Virginia enacted legislation that will en- able us to establish an Airport Commission. The resulting dialogue -5- between the temporary Commission. members in their contract negotia- tions may bring about the needed momentum not only for successful airport and water agreements, it may charter a course of continuing cooperation between the Roanoke City and County governments. The City is blessed with full-time paramedics and a formal emergency services program. City Council continued its real estate tax reduc- tion plan by cutting the rate to $1.29 per $100 of assessed value. Our School Board, City teachers and Administrators are providing our City with a system of public education that achieves a higher level of excellence each year. -6- ROANOKE REGIONAL AIRPORT WOODRUM FIELD The new Airport Commission and the new terminal building will add another important link in the spread of airline hub-and-spoke systems, and the growth of commuter feeder operations that are transforming underused airports into vital links in the United States airline transportation industry. The new terminal will provide growth in enplanements, a modern new baggage area, adequate counter space, attractive meeting rooms, restaurant, additional gates and expand- ed connections to United States destinations and abroad. The Roanoke Regional Airport will continue to have changing demands made on it and must adapt or become obsolete. Even when the issue is not increased traffic volume,?adaption~will be required for ever- changing sizes of planes, operations, types of services and to meet the needs of the business and industrial community. We should be careful to remember that our passengers are our most important users and their needs should be considered along with local government needs and the needs of the airlines that pay the rents. I suggest that we take the necessary action that will move us through the planning and design development stages as quickly as possible. Putting together the financial package and addressing the monetary considerations must be accomplished quickly if we are to undertake the work of terminal construction as speedily as possible. But again, in my personal view, I consider the ratification of the contract which will make the commission possible and the financing of the -7- terminal project to be the great question of the day. I cannot too strongly recommend this subject to your consideration and do not hesitate to express my entire conviction of its great importance. -8- THE HOMELESS IN ROANOKE We have on the streets of Roanoke the homeless -- a tattered group of exiles from the mainstream who are increasingly visible and there is little doubt that their ranks are growing. Many of them have been forced onto the street by the onset of hard times. They have fairly swamped the slender resources of private charitable agencies, and there is no let up in sight. While the problems of the homeless have been addressed predominantly by the private sector -- church groups and local civic organizations -- we must realize that social and economic conditions are increasing the homeless population and the volunteer sector cannot stretch much more to help them. The homeless are not easy to help because most of them are terribly alienated from the community at large. Many of them have given up and they are left to roam at will without family or friends, without a regular income and without stable, supportive places to live. They are not violent and the tendency of society is to ignore them. In brief, life on the street is a chaotic, and sometimes futile struggle to survive -- whole days spent looking for food or a safe place to sleep. As we address the area of responsiblity, we discover that the social worker and charitable agencies who try to help, find the situation to be extremely discouraging at best. Until and unless we can change the economy, it all comes down to this whole issue of, "Am I my brother's keeper? Who is my neighbor? What responsibility do I have to the next person out there?" -9- The experts say that the largest percentage of the "Street People" are ill or hopeless alcoholics, unable to cope with society. Scores perish each year --victims of exposure, starvation or disease. Groups such as the Salvation Army continue to operate soup kitchens as they raise funds from private sources, but they cannot handle everyone. I. believe the City should acknowledge an obligation to provide some help. Our goal should be to create enough awareness of the plight of the homeless so they will be saved from starving or freezing to death. There is yet another disturbing fact of life with regard to the "Street People." It appears to be a fundamental assumption that the homeless are also the disposable. There is a premise which per- vades American thought that the homeless are also the dispensable. We are living in a disposable generation. Very little is designed to be kept; many things are designed to be thrown away. We have throw-away dishes, throw-away napkins, disposable clothing. Use it once and throw it away. We have looked at the homeless and put labels on them. I do not be- lieve God made anyone of so little value that they can be thrown away. All of us are God's children. I may not be much, but I am God's creation. I may be homeless, but I am not disposable. I have God in me. I have His divinity down in my humanity. No matter how useless, how unproductive, how unsatisfactory the homeless may appear to you, do not ever forget that they are children of God. Most of all, it is crucial to remember that nobody really wants to be homeless. -10- OUR BROKEN RANKS Our ranks were broken by the death of four citizens during the flood. Also during the year, two firefighters, Captain Robert G. Cassell and Firefighter Harvey H. Helms, lost their lives on shenandoah Avenue when they became the victims of a hit-and-run driver after putting out a car fire. Police Officer David W. Rickman was killed while investigating a complaint at a City residence. Yet, our fire- men and policemen and other City workers continue to demonstrate a loyalty and quality of service that is worthy of praise. Many of our warmest friends and finest co-workers have surrendered their place in our band of citizens and have headed for the eternal City. So we must press on with courage knowing that there is an Eternal Presence that shall guide and protect us until our day is done. -11- CONCERN FOR PEACE While we still cry peace, peace, the forest fires of scattered wars have been flaming and are still burning in many parts of the world. The nations have achieved some good, but the international machine for peace has not as yet put out the fires of human conflict. This is indeed a fateful hour of history. This is an hour of confrontation with disturbing reality. We are well informed about our world, and yet we seem to lack know- ledge about the basic principles of life. Many of the nations are rich but still afflicted with poverty. Some of the most powerful nations today possess the greatest military forces in history, and yet they are confused and uncertain about their survival. The two most powerful nations today, the United States and Russia, are still undecided as to how they shall use their acquired power. They know it should be used for peace and for helping to strengthen every agency for peace, but self-interest and national pride make the statesmen of both nations uncertain as to the way they should take. This is a time for people and nations to think in terms of the salvation of the nations of the world. The strategy of nations, both large and small, must be a strategy to save mankind first. Nations must employ and adopt the moral principles of understanding, justice, goodwill and labor to build a community of free men and a brotherhood of all mankind that bridges -12- the chasm of race and nation and acquires a togetherness and fellow- ship that will not yield to hate. The decision is with us; the crisis of choice has come. I pray that through the ever growing Sister City relationships we may become effective agents for peace. -13- RECOMMENDATIONS 1. I recommend that we ask Mr. James D. Ritchie and the staff of the Human Resources Department to make a special study of the ways we can make a difference in the lives of the homeless. Long term solutions including permanent housing, more jobs and adequate social services will be a long time coming, but we must try to save lives. 2. I trust it may not be deemed inappropriate to the occasion for me to speak for a moment on the memory of one of our great governors who departed this life on July 30, 1986, in the tranquil hope of a blessed immortality. Governor John N. Dalton's life had been emi- nently useful and he departed ami.dst the benedictions of thousands of Virginians. He personified the high ideals which make men great. I recommend that we name the first Commonwealth of Virginia Building, The Dalton Building in his honor. 3. I recommend that we invite the Virginia Municipal League to meet in the City of Roanoke for its annual session in 1991. 4. As a gesture of gratitude and appreciation for the great work and the special efforts of Roanoke City Personnel during the flood recovery period, I recommend that we designate Friday, December 26, a Christmas holiday. Special consideration should be given to fire- men and others who must work on the 26th of December. -14- 5. I respectfully request that City Council provide some Administra- tive assistance for the Mayor's Office. It is impossible to return all the phone calls, answer communications,.meet with persons who are seeking help and assistance, attend committee meetings and per- form all the regular functions of the Mayor's Office successfully on a daily basis. Working seven days a week, as I have done for a num- ber of years, I still find that it is impossible to complete the task on a regular basis. Favorable consideration of this request will be sincerely appreciated. 6. I recommend that we labor very zealously to strengthen our relation- ship with Virginia Tech. We work closely with our local colleges and we need to work closely with our University. Just as we think in terms of the urban Corridor that extends down the coast of the United States of America, we think in terms of the university corridor that extends between Roanoke and Blacksburg. We wish to extend hands across the Valley to strengthen the bonds between us. We want to increase the continuity, the coordinated efforts, the co- hesive recognition values, the partnership ... with the City contri- buting to the University in our support and our development of the University's strengths just as the University contributes to the City's support of cultural and economic growth, development and strengths. This in no way detracts from our association, our admiration, our support and our wholesome relationships with Virginia Western Commun- ity College, and with our two liberal arts colleges: Hollins and Roanoke College. They contribute much to our community and we contri- -15- bute much to them. But it's time that we also become a University Community in the active sense. To be separated by 37 miles from one's University is not unusual. In fact, in major cities, the dis- tance is often as great. stimuli to the citizens tunities. And the University provides ongoing graduate as well as professional partnerships and oppor- The affiliations between us are already numerous. They continue to grow as we develop our liaisons, among volunteers, among organizations, among businesses, among industries. We have a mutual understanding of what partnership is ... and it is not one-sided. There are many active promotions; many. potential ones as well: The River Foundation will be greatly enhanced and served by the Virginia Tech Veterinary Hospital. The Foundation will provide an opportunity for veterinary students to gain experience by working with diseases of wildlife and there will be an opportunity for training in this area for the next generation. e Virginia Tech's radio station WVTF is already located in Roanoke. Roanokers support this station both actively and passively in its efforts to provide alternative listen- ing options. Our newly employed full time symphony director can provide playing opportunities for Virginia Tech personnel as well as musicology training through youth symphony for the children -16- of University staff while University musicians enrich our symphony. The possibility of sharing in this field of endeavor, both in Blacksburg scheduling adjacent concerts, all our lives. and in Roanoke, through etc., will further enrich Our unique Center-i~-the-Square cultural organizations can also provide for the exchange of programs and the sharing of efforts to compliment each other. And the Hokie~? They are Roanoke's Hokies as well as Virginia Tech's. We want to help with local promotions of the fine athletic teams Virginia Tech brings to Western Virginia? Roanoke has need to expand its facilities for graduate education. We hope Virginia Te~h will endorse the possi- bility of bringing our Jefferson High School to life again as a Center for Graduate programs. -17- OUR YEARS TOGETHER I have rejoiced to notice many evidences of the increased unification of our citizens and of a revived spirit of regional cooperation. I truly believe that we can make it together if we try. With love in our hearts and understanding our obligations to the people, we cannot err if we aim only at the public good. This may be the hour of test and trial for the Roanoke Valley. I hope when my term of service has ended that among the reasons for the promise of Roanoke will be a man named Noel C. Taylor. I always wanted to be a man of peace, a man of courage, a man of goodwill, a man of forgiveness, a man for Roanoke in her time of trial, and in her hour of need. I simply want to work diligently with this Council and Administration as we continue the effort to rescue our City from the average and give her a chance for greatness. During the period I have served as Mayor, I have administered the legislative department of our City government and the important questions of public policy, upon which it was my duty to act, always receiving the able assistance and direction of the members of City Council. I have felt most sensibly the weight of the high responsi- bilities thrust upon me. With no other object than the public good, the citizens' highest quality of life, and the permanent prosperity of my City, I have pursued the convictions of my own best judgment. -18- I cannot conclude this address without expressing my heartfelt gratitude for the many instances of the public confidence and the generous support which I have received from my fellow-citizens in the various trusts with which I have been honored~ Having commenced my service in 1970, I have witnessed the great difficulties to which our City has been exposed and admired the courage and intelligence with which they have been surmounted. Roanoke is a good City and I will always maintain that the citizens of this City alone have the right to decide their destiny. As we stand today on the mountain peak, this milestone of sixteen fruitful years together, my heart literally swells with thanks as I look back over the long road over which we have come. I thank God, today, for this City. Now, I know that Roanoke is not everything it ought to be, but it is still a City that strives to provide a better quality of life for all of its citizens. Many of our most faithful citizens, who started the journey with us sixteen years ago, who laid the groundwork and the foundation, have fallen by the way. It is upon the shoulders of their efforts that we stand and view the promised land of our glorious tomorrows. I am grateful today for those aged citizens of faith who, though facing the setting sun, and although their eyes have grown dim and their legs feeble, and some of them have faltering tongues, still they stand in the thick of the fight to inspire us as we move onward. -19- I am also thankful for those priceless and inexpendable citizens who stand in the prime of life and whose love is so deep, and whose service is so strong that they feel that they can never do enough in helping to make our community a better place. Then, we are bless- ed with our courageous young people who secure for us the future. As I look back over our years together, I am thankful that I can say I have tried to do my best. My best may not have been all that Some had hoped for, it may seem meager in comparison with the noble efforts of others, but it is still my best. I believe God wants me to be myself and do my best. I have tried to lead and not dictate -- to help and not hinder -- to lift up and not drag down. I have tried to be strong, but firm -- proud but humble. I have been with you ~ in your sorrows. I have shared with many of you during those moments when the crises have come. I am exceedingly thankful that through it all our City has not been racked with dissension' nor split with discord. You know and I know that the seas have not always been calm and the skies have not always been sunny. Sometimes dark clouds have gathered, flashed and the thunder has rolled. But we have make it to quiet harbors of peace and harmony. the lightening has always been able to Then I must say how grateful I am for my personal family and my City family and the unfailing help they have been to me. I sincerely appreciate all that I have learned. You were patient and I thank God that you waited for me until I learned the real lessons of life. -20- Yes, you have taught me that responsibility is a mutual affair and our future success is based on our mutual dependence on one another. Oh, if we come together, stay together, pray together, work together, what a glorious future we will have. I do not know what the future holds, but I know who holds the future. For whatever time I have left with you, I am willing to do whatever God says for, "I've got Heaven in my view." August 26, 1986 File #55-255-515 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28312, authorizing the exe- cution of an Assignment of the Agreement dated August 25, 1986, by and among the City, Greater Roanoke Transit Company, and CSS Partnership, pertaining to the provision of up to 100 parking spaces in the Municipal Parking Garage and the Campbell Court Parking Garage, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on MonOay, August 25, 1986. Sincerely, JMS:se E~IC. Judith M. St. Clair Deputy City Clerk cc: Mr. Robert E. Glenn, Attorney for CSS Partnership, P. O. Box 2887, Roanoke, Virginia 24001 Sovran Bank, N.A., Corporate Trust Department, 707 East Main Street, Richmond, Virginia 23219 Sovran Bank, N.A., Real Estate Finance Department, 300 East Main Street, P. O. Box 1328, Charlottesville, Virginia 22902 Mr. Stephen A. Mancuso, General Manager, Valley Metro, P. O. ~ox 13247, Roanoke, Virginia 24032 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Brian J. Wishneff, Chief of Economic Development and Grants Room456 MunicipalBuilding 215 0',urch Avenue, S.W. II. oonoke.¥1rginio2,~1011 (703)98'~-254t IN THE COUNCIL OF THE CITY OF ROA~]OKE, VIRGINIA, The 25th day of August, 1986. No. 28312. AN ORDINANCE authorizing the execution of an Assignment of the Agreement dated August 25, 1986, by and among the City, Greater Roanoke Transit Company, and CSS Partnership, pertaining to the provi- sion of up to 100 parking spaces in the Municipal Parking Garage and the Campbell Court Parking Garage; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized, for and on behalf of the City, to execute and to seal and attest, respec- tively, an Assignment of the Agreement dated August 25, 1986, by and among the City, Greater Roanoke Transit Company, and CSS Partnership, pertaining to the provision of up to 100 parking spaces in the Munici- pal Parking Garage and the Campbell Court Parking Garage, assignin~ the interest of CSS Partnership M.A., in the capacities and to form of the proposed Assignment report of August 25, 1986; the approved by the City AttOrney. in such Agreement to Sovran Bank, the extent set out and described in the as incorporated in the City ~ana~er's form of such instrument to be as 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia August 25, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: CSS Partnership Parking Agreement I. Background: City Council approved a parking permit agreement with CSS Partnership (developers of the former Miller and Rhoads building) to provide up to 100 spaces in a combination of Campbell Court and Church Avenue parking garages. Be CSS Partnership's lender (Sovran Bank) and the permanent financing of renovation of the former Miller and Rhoads building is requiring that the parking permit agreement be assignable to the bank. II. Issues: A. Timing. B. Downtown revitalization. III. Alternatives: Authorize the assignment of the parking permit agreement with CSS Partnership to Sovran Bank, N.A. (see Attachment A) Timin~ is important in that CSS needs to close on its loan. Downtown revitalization will be recognized with the renovation of this building. Do not authorize the assignment of the parking permit agreement with CSS Partnership to Sovran Bank. 1. Timin~ would not be an issue. Downtown revitalization of this particular building may be put in jeopardy in that other financing which would not require a parking permit assignment may not be obtainable. IV. Reco~endation: It is recommended that Council approve Alternative A and authorize the assignment of the parking permit agreement with CSS Partnership to Sovran Bank, N.A., in the form attached as Exhibit A. Respectfully submitted, W. Robert Herbert City Manager WRH:BJW:mpf cc: City Attorney Director of Finance Director of Utilities and Operations Chief, Economic Development and Grants Robert Glenn, Attorney ASSIGNMENT OF PARKING AGREEMENT THIS ASSIGNMENT OF PARKING AGREEMENT, made as of this day of ., 1986 by and among the CITY OF ROANOKE, VIRGINIA (the "City"); the GREATER ROANOKE TRANSIT COMPANY ("GRTC"); CSS PARTNERSHIP, a Virginia general partnership (the "Borrower"); SOVRAN BANK, N.A., Trustee under the Indenture of Trust dated August 1, 1986 (the "Trustee"); and, SOVRAN BANK, N.A. (the "Bank") provides as follows: Recitals The City, GRTC and the Borrower have entered into a certain Agreement dated · a copy of which is attached hereto as Exhibit B (together with all amendments, renewal and extentions thereof or substitutions therefore, the "Agreement"). The Agreement is necessary to the success of the Borrower's planned renovation and development of certain real estate more particularly described on Exhibit A attached hereto (the "Project"). The Borrower has requested the Trustee and the Bank to participate in the financing of the Project. As a condition to their participation in the financing of the Project, the Bank and the Trustee have required the Borrower to assign to them all of the Borrowers rights, title and interest in, to and under the Agreement as ADDITIONAL SECURITY for the repayment of such financing and the performance by the Borrower of all of its obligations in connection with such financing. Agreement For and in consideration of the sum of Ten Dollars ($10.00), the premises set forth above, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Borrower does hereby convey, assign and transfer to the Trustee and the Bank all of the Borrower's rights· title and interests in, to and arising out of the Agreement. The Trustee and/or the Bank shall have the right to demand, receive and enforce the Borrower's rights with respect to the Agreement, to make payments under the Agreement and to give appropriate receipts· releases and satisfactions with the same force and effect as the Borrower could do if this Assignment had not been made. 2. This Assignment is made as additional collateral security for the performance by the Borrower of the Borrower's Obligations (as hereinafter defined). Until such time as the Trustee and/or the Bank notifies the City and GRTC that either the Trustee, the Bank or both has exercised any of their respective rights hereunder, the City and GRTC may continue to deal with the Borrower in connection with the Agreement, but no modification, amendment or termination of the Agreement by the Borrower shall be effective until both the Trustee and the Bank have consented thereto in writing. Notwithstanding the assignment by the Borrower to the Trustee and the Bank hereunder, the Borrower, the City and GRTC agree that neither the Trustee nor the Bank have assumed any of the obligations or duties of the Borrower under or with respect to the Agreement unless and until the Trustee and/or the Bank shall have given to the City and GRTC written notice that either or both have affirmatively exercised their rights hereunder. AS used herein, the term "Borrower's Obligations" shall mean all indebtedness, liabilities and obligations of the Borrower to the Trustee and/or the Bank, the repayment and performance of which are also secured by a certain Deed of Trust and Security Agreement dated as of August 1, 1986 by and among the Borrower, Bonnie $. Smith and Jerry H. Mathews, as Trustees, the Trustee and the Bank. 3. The Borrower represents and warrants that there has been no prior assignment of the Agreement, that the Agreement is a valid, enforceable agreement, that no party is in default to the other thereunder and that all covenants, conditions and agreements have been performed as required therein, except those not due to be performed until after the date hereof. The Borrower agrees not to assign, sell, pledge, mortgage or otherwise transfer or encumber its interest in the Agreement so long as this Assignment is in effect. 4. The Borrower hereby agrees to indemnify and hold the Trustee and the Bank harmless from and against any and all claims, demands, liabilities, losses, lawsuits, judgments, and costs and expenses (including, without limitation, reasonable attorney's fees) to which the Trustee and/or the Bank may become exposed, or which the Trustee and/or the Bank may incur, in exercising any of their respective rights under this Assignment. 5. The City and GRTC hereby consent to this Assignment and each and every term hereof, and as an inducement to the Trustee and the Bank to participate in Borrower's financing of the Project, the City and GRTC agree with and certify to the Trustee and the Bank as follows: (a) The Trustee, the Bank or their designee (i) may enforce the obligations of the City and GRTC under the Agreement with the same force and effect as if enforced by the Borrower, and (ii) may (but shall not be required to) perform the obligations of the Borrower. If the Trustee and/or the Bank chooses to so perform the obligations of the Borrower, the City and GRTC shall accept such performance in lieu of performance by the Borrower in satisfaction of the Borrower's obligations under the Agreement. (b) The City and GRTC shall not amend, modify or terminate the Agreement (except as provided in subparagraph (c) below) without the prior written consent of the Trustee and the Bank. (c) The City and GRTC shall not terminate the Agreement on account of any default of the Borrower thereunder without written notice to the Trustee and the Bank and first providing to the Trustee and the Bank a reasonable opportunity, but not less than thirty (30) days, to effect a cure of the default. The City and GRTC agree not to terminate the Agreement so long as the defaults of the Borrower thereunder are cured by the Trustee, the Bank, or their designee within a reasonable time. Nothing herein shall require the Trustee and/or the Bank to cure any default of the Borrower under the Agreement. - 2 - 6. Ail notices required or permitted under this Assignment shall be given in the manner set forth in the Agreement. Notices to the Trustee shall be sent to 707 East Main Street, Richmond, Virginia 23219, Attention: Corporate Trust Department. Notices to the Bank shall be sent to 300 East Main Street, Post Office Box 1328, Charlottesville, Virginia 22902, Attention: Real Estate Finance Department. The Bank and the Trustee shall have the right by notice given hereunder, to designate any further or different addresses to which subsequent notices, certificates or other communicators shall be sent. 7. This Assignment (i) shall inure to the benefit of the assigns and successors in interest of the Trustee and/or the B~nk and (ii) shall be binding upon the successors and assigns of the Borrower, the City and GRTC. The Trustee and/or the Bank, in their discretion, may reassign their respective rights, title and interests in the Agreement to any persons or entities having an interest in the Property upon notice to the City and GRTC but without any further requirement for the consent of the Borrower, the City or GRTC, and any such reassignment shall be valid and binding upon the Borrower, the City and GRTC as fully as if each had expressly approved the same. IN WITNESS WHEREOF, the parties have executed this Agreement pursuant to due authority. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk B~ City Manager ATTEST: GREATER ROANOKE TRANSIT COMPANY Secretary By General Manager CSS PARTNERSHIP ~ den~ra~ fa'~ner Gener~Par~ner-- - 3 - STATE OF OF The foregoing instrument was acknowledged before me this day of , 1986 by , who is City Manager of the CITY OF ROANOKE, VIRGINIA, on behalf of the City. My Commission expires the Notary Public day of __, 19__. STATE OF OF The foregoing instrument was acknowledged before me this __ day of , 19__ by , who is General Manager of the GREATER ROANOKE TRANSIT COMPANY, on behalf of the Company. My Commission expires the Notary Public day of __, 19__. - 4 - STATE OF ~ The foregoing instrument was acknowledged before me this~day of , 19~__~by ~___.. _ .~//~~/~~-~j , who i~ General Partner of CSS PARTNERSHIP, on behalf of the partnership. expires the ~ day of~, 19~ My Co~ission STATE OF ~ The foregoing instrument was acknowl~g~ before me this~ day of , 19~by ~ ~ ~~ , who is General Partner of CSS P~TNERSHIP, on behalf of the partnership. ~/- Notary Public My Co~ission expires the ~ day of~, 19~ 5 August 28, 1986 File #60-245 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28313, amending and reor- daining certain sections of the 1986-87 General Fund Appropriation Ordinance, to provide for certain adjustments in the budget relating to 1986-87 Revenue Sharing Receipts, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, JMS:se Enc. Judith M. St. Clair Deputy City Clerk cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Barry L. Key, Manager, Budget and Systems Mr. David Dew, Budget/Management Analyst Roc~'n456 Munlcll:~lBulldlng 215(~ur~A'v~c~.~,S.W.~,Vlrglnla24011 (703)981-25.41 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28313. AN ORDINANCE to amend and reordain certain sections of the 1986-87 General Fund Appropriation Ordinance, 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 1986-87 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Public Safety $22,153,632 Police Patrol (1) ................................. 5,633,185 Fire Suppression (2) .............................. 7,622,721 Revenue Grants-in-Aid Federal Government (3) ................ $ Fund Balance - Designated for Revenue Sharing (4)... 387,387 (1) Regular Employee Salaries (2) Regular Employee Salaries (3) Revenue Sharing Revenue (4) Fund Balance Designated for Revenue Sharing (001-050-3113-1002) (001-050-3213-1002) (001-020-1234-0701) (001-3321) $ 467,046 467,046 387,387 546,705 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk CITY OF ROANOKE NOTICE OF PUBLIC HEARINGS ON GENERAL REVENUE SHARING AND 1986-87 GENERAL FUND BUDGET AMENDMENT On Monday, August 25, 1986, at 2:00 p.m., Roanoke City Council will hold at its regular meeting in the Council Chambers of the Municipal Building, 215 Church Avenue, S. W., a public hearing for the purpose of amending the 1986-87 City budget. This hearing will be held with respect to unanticipated General Revenue Sharing Receipts in the amount of $934,092. All persons (especially senior citizens) shall be afforded an opportunity to speak and state their views concerning the proposed use of these funds within such reasonable time limits as shall be established by City Council. Persons desiring to speak on behalf of others must have their names placed on the agenda in accordance with regular procedures of the Roanoke City Council. Written comments of interested citizens will be received by the City Clerk at any time prior to the hearing. The amended General Fund budget may be inspected at the City Clerk's Office during normal business hours. The amended budget is summarized as follows: Revenue Estimates: General Property Taxes Other Local Taxes Permits, Fees & Licenses Fines and Forfeitures Revenue from Use/Money & Property Grants-in-Aid from Commonwealth Grants-in-Aid from Federal Government* Charges for Current Services Non-Revenue Receipts Total $ 36,290,163 28,263,798 412,000 447,000 1,297,200 44,317,792 2,330,326 3,178,010 2)362~600 $118,898,889 Recommended Expenditures: Legislative Education Human Development Public Safety & Justice* Physical Development Administration Contingencies Debt Service Transfers to Other Funds Employee Benefits Finance Total General Revenue Sharing: ° Police Department Salaries (Adopted) $-0- o Fire Department Salaries (Adopted) -0- ° Police Department Salaries (Proposed) 467,046 ° Fire Department Salaries (Proposed) 467,046 $ 377,287 50,649,936 13,487,884 24,038,819 15,848,877 2,008,902 (385,358) 7,836,618 536,340 525,185 3~974~399 $118,898,889 Given under my hand this 14th day of August, 1986 Mary F. Parker, City Clerk NOTE TO PUBLISHER: Please publish in full once on Thursday, and World News. Proof copy requested. Please send publisher's affidavit and bill August 14, 1986, in the Roanoke Times to: Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, VA 24011 1,~2i 9~10; end 7-8 -- on ~ been slow so far, I~r ititerested should call ~. Girls are I~ b~lis none has signed. ve died ~eai~ter Of tWO nur~lng ~:: ~ ~ ~ Warsaw llealth Care ~;en- ~lm~ ill W~'saw ~ T~p~k '~ j~ ~~, woma com- CITY OF ROANOKE NOTICE OF PUBLIC HEARINGS ON GENERAL REVENUE SHARING AND 1986-87 GENERAL FUND BUDGET AMENDMENT On Monday, August 25, 1986, at 2:00 p.m., Roanoke City Counci~ will hold at its regular meeting in the Council Chambers of the Municipal Building, 215 Church Avenue, S.W., a public hearing for the purpose of amending the 1986-97 Revenue Sharing Receipts in the amount of $934,092. All persons (especiafly senior citizens) shall be afforded an opportunity to speak and state their views concerning the proposed use of these funds within such reasonable time limits shall be established by City Council. Persons desiring to speak on behalf of others must,have their names placed on the agenda in accordance with regular procedures of the Roanoke City Council. Written comments of interested citizens will be received by the City Clerk at any time prior to the hearing. The amended General Fund budget may be inspected at the City Clerk's Office during normal business hours. The amended budget is summarized as follows: Revenue Estimates: General Property Taxes Other Local Taxes Permits, Fees & Licenses Fines and Forfeitures Revenue from Use/Money & Property Grants-in-Aid from Commonwealth Grants-in-Aid from Federal Government* Charges for Current Services Non-Revenue Receipts Total Recommended Expenditures: Legislative Education Human Development Public Safety & Justice* Physical Development Administration Contingencies Debt Service Transfers to Other Funds Employee 9enefits Finance Total $ 36.290,163 28,263,798 412,OOO 447,OOO 1,297,200 44,317,792 2,330,326 3,178,0O0 2~362~600 $118 898 889 $ 377,287 50,649,936 13,487,884 24,038,819 15,858,877 2,008,902 (385,358) 7,836,618 536,340 525,185 _ 3,974,399_ $118 898 889 *General Revenue Sharing: · Police Department Salaries (Adopted) $ -O- · Fire Department Salaries (Adopted) -O- · Police Department Salaries (Proposed) 467,O46 · Fire Department Salaries (Proposed) 467,O46 Given under my hand this 14th day of August, 1986 Mary F. Parker, City Clerk T -~uumoo ~oueAnsse .~3.qenb o~s e~ MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE Office of the Mayor August 21, 1986 Honorable Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session on Monday, August 25, 1986, 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. Sincerely, Mayor NCT:js Room452 MunicipalBuilding 215 Church Avenue, S.W. Roanoke, Virginla24011 (703) 981-2444 August 28, 1986 File #132 Mr. David A. Bowers Council Member Roanoke, Virginia Dear Mr. Bowers: Your communication sugg'esting that the City Clerk's Office pro- vide, on a regular basis, copies of the upcoming City Council agendas to the Roanoke County Board of Supervisors, the Salem City Council and the Vinton Town Council, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. On motion, duly seconded and unanimously adopted, Council con- curred in your suggestion. Si ncerely, JMS:se Judith M. St. Clair Deputy City Clerk Room 456 Municipal Building 215 (~urch Avenue, S.W. Roanoke, ~D~nlo 2401 t (703) 98t-2541 Office of the Council August 18, 1986 Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia 24011 Dear Mrs. Bowles and Gentlemen: As I was reading the tabloid published by Roanoke County in the Roanoke Times last week, it occurred to me that we do not-~ave a regular exchange of agendas between neighboring jurisdictions and Roanoke City Council. In an effort to keep our neighbors informed of the official actions of our city, I would like to suggest that we ask the City Clerk's office, on a regular basis, to provide copies of the upcoming council agenda to members of the Roanoke County Board of Supervisors, Salem City Council and Vinton Town Council. Cooperation is much on the minds of area government leaders and our citizens, and this is just another way that we can provide an exchange of information as to what's going on in our respective localities. By copy of this letter to Alan Brittle, Chairman of the Roanoke County Board of Supervisors, James Taliaferro, Mayor of Salem and Charles Hill, Mayor of Vinton, I am asking that they consider having their Clerks provide us with copies of their regular agendas so that we might know what's going on in their localities on a frequent basis, too. I ask that this matter be placed on the consent agenda at the next regular meeting of our council, and respect- fully request each of you to concur in this suggestion. Best personal regards. DAB/rl Si~ncerel~-~ _ David A. Bowers Councilman CC: Honorable Alan Brittle Honorable James Taliaferro Honorable Charles Hill Room 456 Municipal Building 215 Church Avenue, IW. Roanoke, 'Virginia 24011 (703) 981-2541 ~fl~e o~ ~e O~y Oet~ August 28, 1986 File #132-137 Mr. W. Robert Herbert City Manager Roanoke, Virginia Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Mr. Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Gentlemen: I am attaching copy of a communication from Council member David A. Bowers suggesting that a meeting be held between Council and area legislators to discuss the City's future transportation needs prior to a special called session of the Virginia General Assembly in September, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday August 25, 1986. ' On motion, duly seconded and unanimously adopted, Council con- curred in the suggestion. Si ncer ely, Judith M. St. Clair Deputy City Clerk JMS:se Enc. cc: Mr. David A. Bowers, Council Member Room456 MuniclpalBulldlng 2150'~rchA,,~m~ue, S.W. Roanoi~,Vlrglnlo24011 (703)981-2541 Office of the Council August 18, 1986 Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia 24011 Dear Mrs. Bowles and Gentlemen: As you know, Governor Baliles is calling a special session of the Virginia General Assembly for September to discuss the transportation needs of the Commonwealth. We must be mindful that this could be a most historic session because of the importance the legislature might have in designating funds for our new terminal at Roanoke Regional Airport or for highway projects here in the city. Prior to regular sessions of the General Assembly, we always ask our City Manager, City Attorney and Director of Finance to conduct a briefing for our area legislators to outline for them Roanoke's needs. Since we have a most critical need in obtaining state funds for our new terminal, and several needed highway construction projects, I think it is important that we ask our administrators to convene a meeting between the council and our legislators to discuss Roanoke's future transportation needs. I am asking that this matter be placed on the consent agenda for the next regular City Council meeting, and would respectfully request that you all concur in this suggestion. We could then make plans to meet with our local senators and delegates sometime later this month or early September prior to the special session. If any of you have any questions or further suggestions, I would be happy to discuss them with you. Best personal regards to each of you. Sincerely, David A. Bowers Counc i lman DAB/ri Room 456 Munlcipol Building 215 C~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-254t August 28, 1986 File #20 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your informatiJnal report with regard to on-street parking along South Jefferson Street from Elm Avenue to Salem Avenue, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. On motion, duly seconded and unanimously adopted, the report was received and filed. Sincerely, JMS:se CC: Judith M. St. Clair Deputy City Clerk Mr. Robert W. Hooper, Executive Director, Downtown Roanoke, Inc., 410 First Street, S. W., Roanoke, Virginia 24011 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Robert K. Bengtson, Traffic Engineer Mr. George C. Snead, Jr., Director of Administration and Public Safety Room 456 Munlcil~al Building 215 (:~urc~ Avenue, $.W. Roonoke, Virginia 24011 (703) 98'1-2541 Honorable Mayor and City Council Roanoke, Virginia Roanoke, Virginia August 25, 1986 Dear Members of Council: Subject: On-Street Parking - South Jefferson Street I. Back~round on this subject is: Letter received from Robert W. Hooper, Executive Director, Downtown Roanoke, Incorporated, dated July 29, 1986, (see attached letter) has requested the City to provide on-street parking along South Jefferson Street from Elm Avenue to Salem Avenue. This request is made by Downtown Roanoke, Inc. as the representative organization for the downtown business community and is also an element of Design '85. On-street parking along Jefferson Street is being requested on a limited basis. That is, from 6:00 p.m. to 6:00 a.m. Monday through Saturday and all day Sunday. Downtown Roanoke, Inc. strongly feels that this would aid businesses in that area which maintain or are contemplating evening hours. II. Current situation of this subject is: City En~ineerin~ Departmen~ has made a detailed study of this request. A total of 82 parking spaces can be established along South Jefferson Street from Elm Avenue to Salem Avenue by using the appropriate signs on 22 new poles, 3 existing poles, and 5 relocated poles, and with the elimination of 1 pole (See attached chart). Installation of signing plan can be done by City Street Maintenance Department by October 1, 1986, with funding from available salary and operating accounts in the current budget. Parking would be allowed during the requested time periods of 6:00 p.m. to 6:00 a.m. Monday through Saturday and all day Sunday, which would not impact traffic flow and safety along South Jefferson Street. City operations such as refuse collection and street cleaning along South Jefferson Street will need to be slightly modified in conjunction with this parking plan. Page 2 III. Report is furnished to City Council for information only. No action is required. City Administration will proceed to implement signs and poles for 82 on-street parking spaces along South Jefferson Street between Elm Avenue and Salem Avenue on a trial basis, with the hours of operation being 6:00 p.m to 6:00 a.m. Monday through Saturday and all day Sunday. On-site inspections will be made by Engineering Department and and Police Department on a periodic basis during this trial period to determine parking usage, impact upon City operations, and impact upon traffic opera- tions. A follow-up report will be made to City Council in six (6) months. WRH/RKB/mm Attachments cc: Sincerely, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Administration & Public Safety City Engineer GUY W. BYRD ROBERTW HOOPER Executive Director \:~ NP. W. Robert Herbert City Manager City of Roanoke 2]5 Church Avenue, $.W. Roanoke, Virginia 240l] P~-- ~,ii; July 29, ]986 Dear Bob: As you know, Design '85 contains a number of recommendations per- taining to parking and traffic patterns. One of these recommen- dations specifically suggests rerouting through traffic away from Jefferson Street and providing on-street parking on that street between Elm Avenue and Salem Avenue. While we realize that this could not be done on a full-time basis without a comprehensive traffic study (also recommended in the Plan), our Board of Directors, at its April 3 meeting, asked me to formally request that the City permit the on-street parking described above (Jefferson, from Elm to Salem) on a limited basis: from 6 p.m. to 6 a.m. Monday through Saturday and al~--~-y Sunday. Downtown Roanoke, Inc., as the representative organization for the downtown business community, strongly feels that this would aid businesses in that area which maintain or are contemplating even- ing hours. We have checked with our Jefferson Street members that currently maintain evening and/or Sunday business hours (Alexander's, Hardees, The Jefferson Club, Hotel Patrick Henry & Jefferson Coffee Shop) and have received unanimous backing of this proposal. ~n addition, it is heartily endorsed by A1Whitelock, City Librarian. Certainly, an assessment of this request would have to be made, and we stand ready to assist the City in any way possible. Please do not hesitate to contact me if you have any questions or desire ad- ditional information. RWH:nbk Sincerely, Robert W. Hooper Executive Director DOWNTOWN ROANOKE, INCORPORATED 410 FIRST STREET, S.W. · ROANOKE, VIRGINIA 24011 · (703) 342-2028 JEFFERSON STREET PARKING LOCATION WEST SIDE EAST SIDE Salem Avenue to 6 spaces; 2 new poles 4 spaces; 3 new and Campbell Avenue 1 relocated pole Campbell Avenue to 6 spaces; 2 new poles ? spaces; 1 new and Kirk Avenue 1 relocated pole Kirk Avenue to 6 spaces; 0 spaces Church Avenue 2 existing poles Church Avenue to 5 spaces; 1 new and 7 spaces; Luck Avenue i relocated pole 1 removed pole Luck Avenue to 3 spaces; 1 new and 4 spaces; 2 new poles Franklin Road 1 relocated pole Franklin Road to 5 spaces; 1 new and 7 spaces; 4 new poles Bullitt Avenue 1 existing pole Bullitt Avenue to 0 spaces N/A Day Avenue Bullitt Avenue to N/A 17 spaces; 3 new and Elm Avenue 1 relocated pole Day Avenue to 5 spaces; 2 new poles N/A Elm Avenue TOTAL 36 spaces 46 spaces GRAND TOTAL 82 spaces by using: 22 new poles 3 existing poles 5 relocated poles 1 removed pole RKB/dbm Mary F. Parker City Clerk Auqust 21, 1986 Mr. Robert W. Hooper Executive Director Downtown Roanoke, Inc. 410 First Street, S. W. Roanoke, Virginia 24011 Dear Mr. Hooper: This is to advise you that the enclosed report is included on the aaenda of the Council of the City of Roanoke for its meeting on Monday, August 25, 1986, said Council meeting to begin at 2:00 p.m., in the Council Chamber on the fourth floor of the Municipal Building. _ Sincerely, MFP:js Enc. Mary F. Parker, CMC City Clerk August 28, 1986 File #200-207 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your informational report with regard to proposed amendment of the Thoroughfare Plan Element of the Comprehensive Plan to deal with conflicts with proposed and developing land uses in the Route 460 corridor, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. On motion, duly seconded and unanimously adopted, the report was received and filed. Sincerely, JMS:se cc: Mr. Mr. Judith M. St. Clair Deputy City Clerk Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Brian J. Wishneff, Chief of Economic Development and Grants Mrs. Martha P. Franklin, Secretary, City Planning Commission Room 456 MunIcIl~al Building 215 C~t.~h Avenue, S.W. Roonolc, e, Virginia 24011 (703) 981-2541 Roanoke, Virginia August 25, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Amendment of the Thoroughfare Plan Element of the City's Comprehensive Plan I. Background: Currently adopted Thoroughfare Plan element of the Comprehensive Plan contains two projects which conflict with proposed and developing land uses in the Route 460 corridor. Priority #2, the Route 115 - Route 460 Connector (sometimes known as the Hershberger Extension), and Priority #18, the Route 460 - Route 24 Connector, comprise the larger project often known as the Eastern Bypass, which would circle the City to the east, connecting Hershberger at Hollins Road with Route 24 at the southern end. This bypass is currently designed to pass directly through the Roanoke Centre for Industry and Technology. Many projects proposed for the Roanoke Centre for Industry and Technology and the surrounding area would be required to seek a waiver of the setback requirements for this proposed right-of-way if it is not officially deleted from the Comprehensive Plan. Deletion of these projects from the Thoroughfare Plan will not result in any additional costs to the City of Roanoke, and will be temporary pending reconsideration and design of the proposed connectors. II. Recommendation: No action is required of City Council at this time. This report is to notify City Council that the Planning Commission has been requested to schedule public hearings to consider amending the Thoroughfare Plan element of the Comprehensive Plan for the above-mentioned projects. W. Robert Herbert City Manager WRH:DE:mpf cc: City Attorney Director of Finance Director of Public Works City Engineer Chief, Economic Development and Grants Secretary, Roanoke City Planning Commission Office o~ ~he Q~y Qe~ August 28, 1986 File #15-30~ Miss Tracey K. Parker 2410 Avalon Avenue, N. W. Roanoke, Virginia 24012 Dear Miss Parker: Your Communication tendering your resignation as a member of the Youth Services Citizen Board, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. On motion, duly seconded and adopted, the communication was received and filed and the resignation was accepted with regret. The Council requested that I express its sincere appreciation for the many services you have rendered to the City of Roanoke as a member of the Board. Please find enclosed a certificate of appreciation iSsued by the Mayor on behalf of the members of City Council. Sincerely, JMS:se Enc. cc: Mrs. Marion V. Crenshaw, Judith M. St. Clair Deputy City Clerk Youth Planner Room 456 Munlclpol Building 215 (~ut~l A'v~nue, $.W. R,oonoke, ~Irglnla 240"11 (703) 98t-2.54t Roanoke, Virginia August 25, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: This is to request an executive session of Council pursuant to Section 2.1-344(a)(4), Code of Virginia (1950), as amended, to discuss a prospective business or industry where no previous announcement has been made. Respectfully submit, i ~ W. Robert Herbert City Manager /mpf August 26, 1986 File #178-207 Mr. Herbert D. McBride Executive Director City of Roanoke Redevelopment and Housing Authority P. O. Box 6359 Roanoke, Virginia 24017 Dear Mr. McBride: I am enclosing copy of Resolution No. 28314, approving the plan of financing of the City of Roanoke Redevelopment and Housing Authority for the benefit of Young Men's Christian Association of Roanoke, Virginia as may be required by the Internal Revenue Co~e of 1954, as amended, which ~esolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday August 25, 1986. ' Si ncerely, JMS:se Enc. cc: Judith M. St. Clair Deputy City Clerk Oe Mr. Alton L. Knighton, Jr., Attorney, P. O. Box 720, Roanoke, Virginia 24004-0720 Mr. Curtis J. Martin, Executive Director, Y.M.C.A., P. Box 2130, Roanoke, Virginia 24009 Mr. H. Wesley White, Jr., City of Roanoke Redevelopment and Housing Authority, p. O. Box 6359, RoanoKe, Virginia 24017 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. ~rian J. Wishneff, Chief of Economic Development and Grants Room 456 Munlcipol Building 215 Church Avenue, S.W. Roanoke, Vlrglnlo 24011 (703) 981-254'1 IN THE COUNCIL OF THE CITY OF ROANOKE, The 25th Day of August, 1986 No. VIRGINIA A RESOLUTION approving the plan of financing of the City of Roanoke Redevelopment and Housing Authority for the benefit of Young Men's Christian Association of Roanoke, Virginia as may be required by the Internal Revenue Code of 1954, as amended. WHEREAS, the City of Roanoke Redevelopment and Housing Authority (the Authority), has considered the application of Young Men's Christian Association of Roanoke, Virginia (the Borrower), a Virginia corDoration, requesting the issuance of one or more of the Authority's revenue bonds or notes in an amount not to exceed $500,000 (the Bonds) to assist in the financing of the construction of an athletic facility (the Project), which will be located in the 500 block of Church Avenue, S.W., in the City of Roanoke, Virginia, adjacent to the gymnasium for the former Jefferson High School, and which will be owned and managed by the Borrower, and has held a public hearing thereon on August 11, 1986; WHEREAS, proposed Section 146(f) of the Internal Revenue Code of 1954, as amended, provides that the governmental unit having jurisdiction over the issuer of nonessential function bonds (as defined therein) and over the area in which any facility financed with the proceeds of nonessential function 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 in the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, and a certificate of the public hearing has been filed with the Council; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the financing of the Project and the issuance of the Bonds by the Authority for the benefit of the Borrower, as may be required by the Internal Revenue Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as may be required by the Internal Revenue Code, does not constitute an endorsement of the Bonds, the creditworthiness of the Borrower or the financial viability of the Project. The Bonds shall provide that neither the Commonwealth of VirQinia (the Commonwealth), the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and neither the faith ow credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. ATTEST: City Clerk C I TY OF ROANOKE I NTERDE PARTMENTAL COMMUN I CAT I ON DATE: August 19, 1986 TO: Mary F. Parker, City Clerk FROM: Wilburn C. Dibling, Jr., City Attorney RE: YMCA Bond Issue. The attached resolution, prepared by A1 Knighton, attorney for the Roanoke Redevelopment and Housing Authority, approving a plan of financing of the Authority for the benefit of the YI~ICA, has my approval as to form. I have initialed the resolution, which I understand will be considered at the Council meeting of August 15, 1986, to indicate my approval. WCDJr:ff cc: Alton L. Knighton, Jr., Esquire Ms. Mary F. Parker Clerk of City Council Municipal Building Roanoke, VA 24011 WOODS, ROGERS & HAZLEOROVE ROANOIKE, VIRGINIA 24004-0?30 982-4232 August 11, 1986 City of Roanoke Redevelopment and Housing Authority; Young Men's Christian Association of Roanoke, Virginia Dear Mary: The Housing Authority proposes to finance a project for the benefit of the Young Men's Christian Association of Roanoke, Virginia. In conjunction with this financing, we are asking that City Council approve the financing. Current federal law does not require City Council approval for a financing for a charitable organization, although a proposal now before Congress would require approval. This proposal would also require that such a financing obtain an allocation of the sort that is now required for industrial development financings. Governor Baliles, in reaction to the proposed allocation requirement (which would be effective for bonds issued during 1986), has instituted an allocation proce- dure for such financings. This allocation procedure would require City Council approval. I have discussed this with Wil Dibling, and we agree that, given the circumstances, it would be appropriate for City Council to approve financings for charitable organizations. I am enclosing 15 copies of a proposed resolution for Council, pursuant to which Council would approve the financing. I would be most appreciative if you would have this matter placed on Council's agenda for August 25, 1986. I am also enclosing for your files a summary of the comments expressed at the public hearing held by the Authority, a fiscal impact statement and a copy of the Authority's resolu- tion recommending that Council approve the financing. Ms. Parker Page 2 August 11, 1986 The Young Men's Christian Association of Roanoke, Virginia is a non-stock corporation incorporated under Virginia law. Enclosed for your reference is a letter from the YMCA on which all of its officers and directors are reflected. None of the officers and directors of the corporation receives a salary or director's fee (although the executive director reflected on the letter is a salaried employee), nor does the corporation pay any dividends. Since the officers and directors have no financial interest arising from their relationship with the YMCA, I would presume that Council will not desire any informa- tion concerning the public offices held by the officers and directors or the relationships between those officers and directors and the members of Council and commissioners of the Authority. If, however, further information should be desired, we will attempt to provide it upon request. Please let me know if you should have any questions. Sincerely, WOODS, ROGERS & HAZLEGROVE Alton L. Knighton, Jr. ALKJr:gfw Enclosures cc: Mr. Wilburn C. Dibling, Jr. (w/encl.) Mr. Brian J. Wishneff (w/encl.) Mr. J. W. Langhammer Mr. Curtis J. Martin Mr. H. Wesley White, Jr. REPORT OF PUBLIC HEARING A public hearing was conducted by the City of Roanoke Redevelopment and Housing Authority (the Authority) at 12:30 p.m. on August 11, 1986 on the application of Young Men's Christian Association of Roanoke, Virginia (the Borrower), a Virginia cor- poration, requesting the Authority to issue up to $500,000 of its revenue bonds or notes (the Bonds) to assist the Borrower in the construction of an athletic facility (the Project). Notice of such hearing was published on July 28, 1986 and August 4, 1986 in the Roanoke Times & World News. The Project will be located in the 500 block of Church Avenue, S.W., in the City of Roanoke, Virginia. The public hearing was held at the Authority's office, 2624 Salem Turnpike, N.W., Roanoke, Virginia. At the meeting those persons interested in the issuance of the Bonds or the location and nature of the Project were given the opportunity to present their views. The public comments, if any, received at the meeting are sum- marized in Exhibit A attached hereto. After such hearing, the Authority voted to recommend the approval of the Bonds to the City Council of the City of Roanoke, Virginia (the Council). Accordingly, the Authority hereby recommends to the Council that it approve the issuance of the Bonds, as may be required by the Internal Revenue Code. Dated August 11, 1986. CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY Executive Director' Exhibit A to Report of Public Hearing The following public comments were received: None FISCAL IMPACT STATEMENT Date: August 11, 1986 Applicant: Facility: Young Men's Christian Association of Roanoke, Virginia An athletic facility to be constructed in the 500 block of Church Avenue, S.W., in the City of Roanoke, Virginia. 1. Maximum amount of financing sought 2. 4. 5. 6. 7. 8. Estimated taxable value of the facility's real property to be constructed in the municipality Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchants' capital tax per year using present tax rates Estimated dollar value per year of goods and services that will be purchased locally Estimated number of regular employees on year round basis Average annual salary per employee 500,000 0 0 0 0 35,000 14 11,500 Signature: Director -- City of Roanoke Redevelopment and Housing Authority If one or more of the above questions do not apply to the facil- ity, indicate by writing "N/A" on the appropriate line. August 11, 1986 DATE APPROVED RESOLUTION NO. ITEM NO. RESOLUTION PROVIDING FOR THE ASSISTANCE OF YOUNG MEN'S CHRISTIAN ASSOCIATION OF ROANOKE, VIRGINIA IN THE FINANCING OF AN ATHLETIC FACILITY. WHEREAS, there have been described to the City of Roanoke Redevelopment and Housing Authority (the Authority) the plans of Young Men's Christian Association of Roanoke, Virginia, a Virginia corporation, (the Borrower) to construct an athletic facility (the Project) in the 500 block of Church Avenue, S.W., in the City of Roanoke, Virginia; WHEREAS, the Borrower has requested the Authority to agree to issue one or more of its revenue bonds or notes (the Bonds), under the Virginia Housing Authorities Law (the Act), in such amounts as may be necessary to finance the cost of constructing the Project; and WHEREAS, pursuant to Section 15.1-1378.1 of the Code of Virginia and the Internal Revenue Code, the Authority has held a public hearing on the issuance of the Bonds and the financing of the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY: 1. The Authority hereby finds that the loan of the proceeds of the Bonds to the Borrower to be used for the construction of the Project, and the issuance of the Bonds to provide such pro- ceeds, will assist in the prevention and elimination of a blighted area. 2. To induce the Borrower to construct the Project, and thereby assist in the prevention and elimination of a blighted area, the Authority hereby agrees to assist the Borrower in every reasonable way to finance the construction of the Project, and in particular, to undertake the issuance of the Bonds therefor in an amount now estimated not to exceed $500,000, upon terms and con- ditions to be mutually agreed upon between the Authority and the Borrower. The proceeds of the Bonds shall be loaned by the Authority to the Borrower or to such person or persons as the Borrower may designate (whether there be one or more than one such person, the Designee) pursuant to a loan agreement which will provide payments to principal of and premium, to pay all other expenses the Authority sufficient to pay the if any, and interest on the Bonds and in connection with the Project. The Bonds shall be issued in form and pursuant to terms to be set by the Authority, and the payment of the Bonds shall be secured by an assignment, for the benefit of the holders thereof, of the Authority's rights to payments under the aforesaid loan agreement and may be additionally secured by a mortgage of or security -2- ! interest in all or part of the Project or other property of the Borrower or the Designee. 3. It having been represented to the Authority that it is necessary to proceed immediately with the construction of the Project, the Authority hereby agrees that the Borrower and the Designee may proceed with plans for the construction of the Project, enter into contracts for construction and take such other steps as they may deem appropriate in connection therewith, provided that nothing hereby shall be deemed to authorize the Borrower or the Designee to obligate the Authority without its consent in each instance to the payment of any monies or the per- formance of any acts in connection with the Project. The Authority agrees that the Borrower and the Designee may be reim- bursed from the proceeds of the Bonds for all costs so incurred by them. 4. The Authority agrees, if requested, to accept the recom- mendation of the Borrower with respect to the appointment of an agent or underwriter for the sale of the Bonds pursuant to terms to be mutually agreed upon. 5. The Chairman or the Vice Chairman of the Authority is hereby authorized to institute a proceeding on the Authority's behalf in the Circuit Court of the City of Roanoke to provide for the judicial validation of the Bonds pursuant to Article 6, Chapter 5, Title 15.1 of the Code of Virginia, as amended, if counsel for the Authority or bond counsel shall deem such a pro- ceeding to be necessary or desirable, and, in connection therewith, to take such action, including the taking of an -3- appeal, that either such counsel deems necessary or desirable in order to provide for validation of the Bonds. 6. All costs and expenses in connection with the financing and the construction of the Project, including the fees and expenses of bond counsel, Authority counsel and the agent or underwriter for the sale of the Bonds, and the costs of the vali- dation proceeding, if any, 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 Borrower or the Designee and that the Authority shall have no respon- sibility therefor. 7. 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 regulations issued by the Internal Revenue Service pursuant to Section 103 of the Internal Revenue Code, as amended. 8. 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 Borrower, 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 power of attorney naming counsel selected by the Borrower for such purposes. -4- 9. The Authority hereby recommends that the City Council of the City of Roanoke, Virginia (the Council) aDprove the financing of the Project and the issuance of the Bonds. 10. 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 aforesaid public hearing, (b) a fiscal impact statement concerning the Project in the form specified in Section 15.1-1378.2 of the Code of Virginia, and (c) a copy of this resolution, which constitutes the recommendation of the Authority that the Council approve the financing of the Project and the issuance of the Bonds. 11. This resolution shall take effect immediately upon its adoption. -5- ?MCA I YOUNG MEN'S CHRISTIAN ASSOCIATION of Roanoke, Virginia July 17, 1986 Mr. Alton L. Knighton, Jr. Woods, Rogers 105 Franklin Road SW Roanoke, VA. 24011 Dear Mr. Knighton: Enclosed is the Tax Exemption Letter and a copy of the Roanoke Central Y.M.C.A.'s By-Laws. If you need further information please feel free to contact me. Sincerely, Curtis J. Martin Executive Director CJM/dd Enclosure PRESIDENT I B Heinemann VICE PRESIDENT C H M(:Keever VICE PRESIDENT Louis R Showaller Jr RECORDING SECRETARY Michael A Wray TREASURER James F McNabb PAST PRESIDENT Paul C Bulord Jr DIRECTORS James M Blair Paul C Sulord, Jr George B Car,edge. Jr E C Dunba~ W Heywood Fralin J Spencer Franlz P.O. Box 2130 · Roanoke, Virginia 24009 · Phone (703) 343-2476 August 28, 1986 File #178-207 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report recommending approval of the request of the Roanoke Redevelopment and Housing Authority for the benefit of the Young Men's Christian Association of RoanoKe, Virginia, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. On motion, duly seconded and unanimously adopted, the report was received and filed. Sincerely, JMS:se cc: Judith M. St. Clair Deputy City Clerk Mr. Herbert D. McBride, Executive Director, City of Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Mr. Alton L. Knighton, Jr., Attorney, P. O. Box 720, Roanoke, Virginia 24004-0720 Mr. Curtis J. Martin, Executive Director, Y.M.C.A., P. O. Box 2130, Roanoke, Virginia 24009 Mr. H. Wesley White, Jr., City of Roanoke Redevelopment and Housing Authority, p. O. Box 6359, Roanoke, Virginia 24017 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Brian J. Wishneff, Chief of Economic Development and Grants 456 Munlcll~al Building 215 Q~ur, ch A~'~ue, S.W. I~loonoke, Virginia 24011 (703) 981-254t Office of the City Manager August 14, 1986 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: City of Roanoke Redevelopment Housing Authority; Young Men's Christian Association of Roanoke, Virginia I am withdrawing from further discussion on the above-referenced matter. I presently serve in the capacity of a board member on the Board of Directors for the Central YMCA. Mr. Reynolds, the Assistant City Manager, will handle this matter before Council. Please call if you have questions pertaining to this matter. Sincerely, W. Robert Herbert City Manager WRH:mp cc: Mr. Earl B. Reynolds, Jr., Assistant City Manager ~ Ms. Mary Parker, City Clerk Mr. Wilburn C. Dibling, Jr., City Attorney Room 364 Municipal Building 2 t5 Church Avenue, S.W. Roanoke, VirgJma 24011 (703)981-2333 Roanoke, Virginia August 25, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: City of Roanoke Redevelopment and Housing Authority; Young Men~s Christian Association of Roanoke, Virginia It is recommended that City Council approve the issuance of up to $500,000 in revenue bonds or notes (the bonds), as requested by the City of Roanoke Redevelopment and Housing Authority, for the benefit of the Young Men's Christian Association of Roanoke, Virginia. Respe~fully submit~ Earl B. Reynolds, Jr. Assistant City Manager EBRJr:mp August 28, 1986 File #60-467 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy Of Ordinance No. 28315, amending and reordaining certain sections of the 1986-87 Grant Fund Appropria- tions, to provide for certain appropriations to school accounts, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, JMS:se Enc. cc: Judith M. St. Clair Deputy City Clerk Roanoke City School Board, Virginia 24014 Schools, P. O. Box 13145, Business Affairs and Roanoke, Virginia 24031 Mr. Edwin R. Feinour, Chairman, 3711 Peakwood Drive, S. W., Roanoke, Dr. Frank P. Tota, Superintendent of Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Clerk of the Board, P. O. Box 13105, Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Room456 MunlclpalBuilding 215 C3'..~h Avenue, S.W. Roanoke, Vlrglnla24011 (700)'98"1-2~4'f IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28315. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Grant Fund Appropriations, and providing for an emergency. %~EREAS, 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 1986-87 Grant'Fund Appro- priations be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Roanoke City Schools Transitional Services (1-4) ......................... $ 7,270 Special Education (5) ............................... 150,000 Special Education In-service (6-7) .................. 7,670 Revenue Roanoke City Schools Transitional Services (8) ........................... $ 7,270 Special Education (9) ............................... 150,000 Special Education In-service (10) ................... 7,670 (1) In-service Training (035-060-6551-6010-0307) $ 2,500 (2) Climate Studies(035-060-6551-6010-0308) 2,500 (3) Supplies (035-060-6551-6010-0309) 1,470 (4) Travel (035-060-6551-6010-0402) 800 (5) Tuition (035-060-6552-6010-0306) 150,000 (6) In-Service Activities (035-060-6553-6010-0307) 3,670 (7) Parent Center Materials (8) Federal Grant Receipts (9) State Grant Receipts (10) State Grant Receipts (035-060-6553-6010-0309) $ 4,000 (035-060-6551-1102) 7,270 (035-060-6552-1100) 150,000 (035-060-6553-1100) 7,670 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Attest: City Clerk. D[PARTMrNT OF FINANCK C~T~f OF f~OANOKE. VA. August 25, 1986 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Appropriation of Grants for School Board I have reviewed the attached request for the appropria- tion of grants for the School Board. The Transitional Services grant, Special Education grant, and Special Education In-Service grant are funded with 100% federal or state funds. I recommend that you concur with the request of the School Board. JMS:dp D~i~tor of Flnanc~ ~/P~I~I Edwin FI. Feinour, Chairman LUIIliam UJhite, St., Vice Chairman E~nold ~rtol Roanoke City School Board Sallye T. Coleman LaVeme 8. Dillon David K. Lisk James M. Turret. Jr. F~onk P. Tara. Superintender~ ~chard L Kelley. Cler~ of I:he ~oord P.O 8ox 13105. Roanoke, Virginia g4031 · 703-981-g381 August 13, 1986 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting of August 12, 1986, the School Board respectfully requests City Council to appropriate the following funds to school accounts: Grant I~o. 6551 Grant No. 6552 $7,270.00 for Transitional Services to provide funds for class placements, mental health services and follow-up studies of placements to ensure a smooth transition for handicapped students enter- .ing the school system. The program is one hundred percent reimbursed by federal funds. $150,000.00 for Special Education to provide funds for the placement of special education students at the direction of the State Department of Educa- tion. The program is one hundred percent reimbursed by state funds. Grant No. 6553 $7,670.00 for Special Education Inservice to provide funds for the training of special educa- tion program staff members and for assistance to parents of handicapped students. The program is one hundred percent reimbursed by state funds. Sincerely, Richard L Kelley Clerk of the Board and Executive for Business Affairs rg CC: Mr. Edwin R. Feinour Dr. Frank P. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy, Jr. Mr. W. Robert Herbert r. Wil Dibling r. Joel Schlanger (with accounting details) Excellence in Education ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Transitional Servioes 198§-87 6551 035-060-6551-6010-0307 035-060-6551-6010-0308 035-060-6551-6010-030q 035-060-6551-6010-0#02 In-Service Training Climate Studies Supplies Travel Total Appropriation Unit Z5Q 9 2,500.00 2,500.00 1,#70.00 800,00 270. O0 035-060-6551-1102 Federal Grant Receipts 9 7,270.00 Transitional Services Funds sill provide class placements, mental health services and Follow-up studies oF plaoemente to ensure a smooth transition For handicapped students enterinE the school system. One hundred percent oF expenditures sill be reimbursed by Federal Funds, The program sill end September 30, 1987. AuNust 12, lq86 ROANOEE CITY SCEOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Special Education Tuition 1986-87 6552 035-060-6§52-6010-0306 Tuition (AU Z5R) 15o, 000.00 035-0h0-~552-1100 State Grant Receipts 8 150,000.00 The Special Education Tuition grant provides the Funding For the pl*acement of special education students at the direction of the State Department of Education. The program is one hundred percent reimbursed by state Funds and eill end June 30, 1987. August 12, 1986 ROANOKE CITY SCEOOL BOARD Roanoke. Virginia aPPROPRIATION REQUEST Special Education In-Service 198b-87 b553 o35-obo-~553-~OlO-O3O? o35-o~o-~553-~olo-o3o9 In-Service Activities Parent Center Naterials Total Appropriation Unit ZSS 8 3,670.00 ~,000.00 670. OO 035-060-b553-1100 State Grant Receipts 9 7, ~70. O0 The Special Education In-Service grant'will provide Funds For the trainin8 OF special education program staFF members and For assistance to parents oF handicapped students. The pro,ram is reimbursed one hundred percent by state Funds and ~ill end June 30, 1987. august 12, 1986 August 28, 1986 File #2-468B Mr. V. Lewis Malone Colony Properties P. O. Box 1532 Hendersonville, fennessee 37077 Dear Mr. Malone: I am enclosing copy of Ordinance No. 28316', accepting your offer to sell and convey to the City a parcel of land containing approximately 0.6316 acre, for the sum of $10,000.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, JMS:se Eric, CC: Judith M. St. Clair Deputy City Clerk Rockydale Quarries Corporation, 4754 Old Rocky Mount Road, S. W., Roanoke, Virginia 24014 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr Joel M. Schlanger, Director of Finance Mr Kit B. Kiser, Director of Utilities and Operations Mr. M. Craig Sluss, Manager, Water Department Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Richard V. Hamilton, Right-of-Way Agent Mrs Delores Irving, Construction Cost Technician Ms. Deborah J. Mos~, Chief, Billings and Collectio~ *Added to c~bon copi~ on Novemb~ 16, 1987. Rocx"n456 Munlcll:)alBulldlng 215(~,ur(:hA',~ue, S.W.l~:)onoke, Vlrglnla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 25th day of August, 1986. VIROINIA, 5A 1 No. 28316. AN ORDINAl]CE providing for the City's acquisition of a certain parcel of land containing approximately 0.6316 acre; and providing an emergency. for BE IT ORDAINED by the Council of the City of Roanoke that; 1. The offer to sell and convey to the City a parcel of land containing approximately .6316 acre, being shown as Tract 2 on the plat prepared by W~ Associates, dated April 8, 1986, revised July 10, 1986, entitled "Plat of Survey Showing the Subdivision of 27.05 Ac. Belonging to Rockydale Quarries Corporation Creating New Tract 1, 26.4184 Ac. & Tract 2, 0.6316 Ac., Situate at U.S. Route 220 and Route 789" for the sum of $10,000.00, is hereby ACCEPTED. 2. Upon delivery to the City of a ~ood and sufficient deed of conveyance, granting and conveying to the City the fee simple title to the aforesaid land, free and clear of all encumbrances and containing General Warranty and Modern English covenants of title on behalf of the Grantor, such deed to be in form approved by the City Attorney, the proper City officials shall be authorized to issue and execute to such person or persons as are certified by the City Attorney to be entitled thereto the purchase price hereinabove set forth. 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 11, 1986 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Project No. 85-13 Franklin Road Water Tank I concur in the recommendation of the Bid Committee Report. Respectfully submitted, W. Robert Herbert City Manager WRH/ES/mm Attachment cc: City Attorney Director of Finance Director of Public Works ~Director of Utilities and Operations City Engineer Construction Cost Technician C~ Roanoke, Virginia August 25, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Franklin Road Hater Tank - Land Purchase Attached bid committee report was before Council on August 11, 1986. Council approved awarding the bid for the construction of the water tank. Recommendation IV(D) in the attached report also recommended approval of the purchase of the land needed for the site of the water tank. Council is requested to pass the appropriate ordinance authorizing the purchase of this 0.6316 acre parcel for the amount of $10,000.00 ($5,000.00 of which will be reimbursed from Colony Properties, the developer of the adjacent site). WRH:KBK:afm Attachment CC: City Attorney Director of Finance Colony Properties Rockydale Quarries Water Department Manager City Engineer Respectfully submi ed, ~ / W. Robert Herbert City Manager Roanoke, Virginia August 11, 1986 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Project No. 85-13 Franklin Road Water Tank I. Back,round: A. City Council received, publicly opened and read five (5) bids for subject project on July 28, 1986, and referred the bids to a Bid Committee, in order to review the bids and report back to Council. B. Low base bid in the amount of $226~700.00 was submitted by Fisher Tank Company. II. Issues in order of importance: A. Compliance of the bidders with the requirements of the Contract Documents. B. Amount of low base bid. C. Funds for construction. III. Alternatives are: A. Award a unit price contract to Fisher Tank Company in the amount of $226~700.00 and establish a contingency fund for the project in the amount of $22,000.00. 1. Compliance of the bidders with the requirements of the Contract Documents was met. 2. Amount of low base bid is acceptable and is 0.67% above the engineer's estimate. 3. Funds for construction of the project are available. Page 2 IV. B. Reject all bids and not construct the project. 1. Compliance of all bidders with the requirements of the Contract Documents would not be an issue. 2. Amount of unit prices would probably be higher if rebid at a later date. 3. Funds would not be expended. Recommendation is that City Council take the following action: A. Award a unit price contract to Fisher Tank Company in the amount of $226~700.00 in a form acceptable to the City Attorney. B. Reject all other bids received. C. Authorize the Director of Finance to transfer the listed amounts from the following existing accounts: 1. Franklin Road Water Tank Account No. 002-056-8350-9060 $200,000.00 2. Franklin Road Tank Land Account No. 002-056-8343-9060 35,000.00 3. Grandin Road Tank (Construction complete) Account No. 002-056-8327-9060 13,700.00 4. Franklin Road Tank Land Account No. 002-056-8343-9060 10,000.00 (Purchase New Tank Site) TOTAL: $258,700.00 to Project No. 85-13 Franklin Road Water Tank ($226,700.00 contract amount, $22~000.00 contingency, and $10,000.00 for purchase of Tank Site.) D. Authorize the expenditure of $10,000.00 ($5,000.00 of which will be reimbursed from Colony Properties, the developer of adjacent property) for the acquisition of a .6316 acre parcel of land from Rockydale Quarries for the tank site. Page 3 Respectfully submitted, ~, Chairman William F. Clark Attachment: Tabulation of Bids cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Construction Cost Technician TABULATION OF BIDS PROJECT NO. 85-13 FRANKLIN ROAD WATER TANK Bids opened before Roanoke City Council at 1:30 P.M., Monday, July 28, 1986. BIDDER BASE BID Fisher Tank Company $226,700.00 Advance Tank & Const. Co. $229,360.00 Erected Steel Products $234,590.00 Industrial Welding & Machine $256,157.00 Industrial Mechanical Services $296,425.00 Engineer's Estimate: $225,200.00 Kit B. Kiser William F. Clark August 28, 1986 File #102-468B Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28317, authorizing · the appropriate City officials to execute a subaqueous permit agreement with the Commonwealth of Virginia for the replacement of the Mason Mill Road Bridge, N. E., over Tinker Creek, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, JMS:se Enc. CC: Judith M. St. Clair Deputy City Clerk Mr. Norman E. Larsen, Chief, Habitat Management, Virginia Marine Resources Commission, P. O. Box 756, Newport News, Virginia 23607-0756 Mr Wilburn C. Dibling, Jr., City Attorney Mr Joel M. Schlanger, Director of Finance Mr William F. Clark, Director of Public Works Mr Charles M. Huffine, City Engineer Mr Robert K. Bengtson, Traffic Engineer Mr Richard V. Hamilton, Right-of-Way Agent Mr Kit B. Kiser, Director of Utilities and Operations Room456 MunldpalButldlng 215(}'~urchA'v~n~e,S.W. Roanoke, Vl~lnla24011 (703)98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28317. AN ORDINANCE authorizing the appropriate City officials to execute a subaqueous permit agreement with the Commonwealth of Virginia for the replacement of the Mason 51ill Road Bridge, N.E., over Tinker Creek; 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, the suba- queous permit agreement dated July 22, Conm~onwealth of Virginia and the City, Manager's report dated August 25, 1986, this permit agreement be in such form as Attorney. This instrument shall govern under which the Commonwealth will allow 1986, between the attached to the City on this subject, provided approved by the City the terms and conditions the City to replace the Mason Mill Road Bridge, N.E., over Tinker Creek. 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: 5A City Clerk. Roanoke, Virginia August 25, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Execution of Marine Resources Commission Permit required for Replacement of Mason Mill Bridge, N.E., over Tinker Creek I. Back~round on the project includes: Bids were received by City Council at its July 28, 1986 meeting, publicly opened and read aloud for Replacement of the Mason Mill Road Bridge, N.E., over Tinker Creek. Five (5) bids were received and referred to the bid committee for review and report back to Council. Low bid, in the amount of $486~653.00 was submitted by Allegheny Construction Company, Inc. and awarded at the following meeting of City Council on August 11, 1986. State Marine Resources Commission at its July 22, 1986 meeting, granted permission to the City of Roanoke to encroach in, on or over State-owned subaqueous bottom of Tinker Creek with the replacement of the Mason Mill Road Bridge, N.E. II. Current Situation of the project includes: A. Construction of the bridge is scheduled to start in September, 1986. Permit, a copy of which is attached, stating the authoriza- tion granted by the Marine Resources Commission to encroach in, on or over Tinker Creek will be issued to the City after the necessary signatures are affixed and notarized. C. City Council would need to authorize the City Manager to sign the permit on behalf of the City. Fee of $100.00 made payable to Marine Resources Commission would need to accompany permit as executed by the City. A check in that amount is being processed and will be ready for delivery in the near future. III. Issues in order of importance are: A. Legal B. Brid~e replacement C. Time IV. Alternatives in order of recommendation are: A. Authorize the City Manager to execute the Marine Resources Commission permit on behalf of the City of Roanoke. 1. Legal permit requires City to indemnify and save harmless the state from any liability arising from the establishment, operation or maintenance of the bridge. 2. Brid~e replacement would be constructed in accordance with plans and specifications. 3. Time for project to begin would not be delayed. B. Do not authorize the City Manager to execute the Marine Resources Commission permit on behalf of the City of Roanoke. 1. Legal document would not exist to allow the City to encroach in, on or over Tinker Creek. 2. Brid~e replacement would not be able to proceed in accordance with plans and specifications. 3. Time would not be an issue. V. Recommendation is that City Council approve Alternative "A" and authorize the City Manager to execute the Marine Resources Commission permit on behalf of the City of Roanoke. Respectfully subm~ed, W. Robert Herbert City Manager cc: City Attorney Director of Finance Director of Public Works City Engineer WRH:RKB:sef MRC 30 - 317 VMRC# 86--0607--2 APPUCANT: City of Roanoke COMMONWEALTH OF VIRGINIA MARINE RESOURCES COMMISSION PERMIT The Commonwealth of Virginia; Marine Resources Commission, hereinafter referred to as the Commission, on this 2 2 nd day of Ju 1 y 19 86 , hereby grants unto City of Roanoke 215 Church Avenue Roanoke, Virginia 24011 Permiffee is hereby authorized to: construct a new four (4) span reinforced concrete bridge on a new alignment to replace the Mason Mill Road bridge over Tinker Creek in Roanoke, Virginia destroyed in the November, 1985 flood, in conformance with the ptsns dated May 8, 1986 attached hereto and made a pert of this permit which are This permit is granted subject to the following standard conditions: (1) The work authorized by this permit sha}l be complefed by dated July 31, 1989 . . The Permittee shall notify he Commission when the project has been completed. The completion date may be extended by the Commiss on n its discretion. Any such application for extension of time shall be in writing prior to the above completion date and shall specify the reason for such extension and the expected date of completion of construction. All other conditions remain in effect unless revoked by the Commission or the General Assembly. (2) This permit grants no authority to the Permittee to encroach upon the property rights, including riparian rights, of others. (3) The duly authorized agents of the Commission shall have the right to enter upon the premises at reasonable times, for the purposes of inspecting the work being done pursuant to this permit (4) The Permitteeshallcomply with the wathr qualify standards asestablisfled bythe VirginiaWater Control Board andallother applicablelaws, ordinances, rules and regulations affecting the conduct of the project The granting of this permit shall not relieve the Permittee of the responsibility of obtaining any and all other permits or authority for the project (5) This permit shall not be transferred without written consent of the Commissioner. (6) This permit shall not affect or interterewith the right vouchsafed tothe peopleof Virginia concerning fishing, fowling and thecatching of and taking of oysters and other shellfish in and from the bottom of areas and waters not included within the terms of this permit. (7) The Permittee sha~l, to the greatest extent practicable, minimize the adverse effects of the proiect upon adjacent properties and wetlands and u pon the natural resources of the Commonwealth. {8) This permit may be revoked at any time by the Commission upon the failure of the Permittee to comply with any of the terms and conditions hereof or at the will of the General Assembly of Virginia. (9) There is expressly excluded from the permit any portion of the waters within the boundaries of the Baylor Survey. (10) This permit is subject to any lease of oyster planting ground in effect on the date of this permit. Nothing in this permit shall be construed as allowing the Permittee to encroach on any lease without the consent of the leaseholder. The Permittee shall be liable for any damages to such lease. (11 } The issuance of this permit does not confer upon the Permittee any interest or title to the beds of the waters. (12) AIl structures authorized by this permit which are not maintained in good repair shall be completely removed from State.owned bottom within three (3) months after notification by the Commission. (13) The Permittae agreesto comply with all of the terms and conditions as set forth in this permit and that the project will be accomplished within the boundaries as outlined in the plans attached hereto. Any encroachment beyond the limits of this permit shall constitute a Class 1 misdemeanor. (14) This permit authorizes no claim to archaeological artifacts which may be encountered during the course of construction, if, however, archaeological remains are encountered, the Permit~es agrees to notify the Commission, who will, in turn, notify the Virginia Division ol Historic Landmarks. The Permittee further agrees to cooperate with agencies of the Commonwealth in the recovery of archaeological remains if deemed necessary. (15) The Permittae agrees to indemnify and save harmless the Commonwealth of Virginia from any liability arising from the establishment, operation or maintenance of said project. PERMITTEE--WHITE COPY COMMiSSION--YELLOW COPY CORPS OF ENGINEERS--PINK COPY VMRC# 86-060'7--2 A ~ 'mit issuing f~ of $10 0 o 0 0 and a royalty of n/a forthe suBaqu, eous encroachment for a total of ~100.00 5 sheets. is due end payable upon return of this document signed by the Permittee. This permit consists of PERMITTEE Permittee's signature is affixed hereto as evidence of acceptance of all of the terms and conditions herein. In cases where the Perrnitt~e is a corporation, agency or political jurisdiction, please assure that the individual who signs for the Permittee has proper authorization to bind the organization to the financial and performance obligations which result from activity authorized by this permit. day of State of .19 Accepted for By PERMITTEE City of Roanoke City (or County) of , to-wit before me in my City (or County) and State aforesaid. Given under my hand this (Name) (Title) a Notary Public in and for said City (or County) and State hereby certify that Permittee, whose name is signed to the foregoing, has acknowledged the same day of ,19 My commission expires on the Notary Public day of ,19 COMMISSION IN WITNESS WHEREOF, the Commonwealth of Virginia. Marine Resources Commission has caused these presents to be executed in its behalf by Norman E. Larsen. Chief, Habitat Manaqement (Name) (Title) MARINE RESOURCES COMMISSION day of 19 By State of Virgima C~tyot Newport News ,. Nancy C. Puckette a Notary public within and for said City, State of Virginia, hereby certify that Norman E. Larsen whose name ~s signed ~o the foregoing, bearing the day of t 9 , has acknowledged the same before me in my City aforesaid. Given under my hand this day of ,19 Notary Public Mycommissionexpiresonthe 7th dayof April ,19 89 PERMITTEE--WHITE COPY COMMISSION--YELLOW COPY CORPS OF ENGINEERS--PINK COPY ·~. ,. . . , J .... · ·' ~..~'-".~;:.:. ~ ~. r~-a,..' - · ~ ~::,, . g ~.,o-'-- · ~'- N~ NNN'~b ~ Un ~m~ '' REPLACe. WASHED PROSO*~ED'~ REP~GE~ENT ~.,o.[: OUT .5AID~E 'MASON MILL ~AD BRID&E O*TUa U S G ~ OVER TIN~R.'.G~EK¥_' _ ALL CITY OF ROANOKE i. -TINKER; CREEK" ~ ~ ROAN0~T[._VA._. · ~c*,m ,CITY 0F ROANO~ ~. I.c: I. c EXCAVATION PIER I 5~ G.Y. /~nnn An nnnn nn'nnn*~n~*~ ~CAVATION PIER 2 ~2T G.Y. r EXCAVATION PI ER D ' ~ EXGAV. EXiS~ ~UT I~O G.Y. · .OTAL qq~ QY. o ALL ~CAVATED MATERIAL WILL 4 ORDINARY H.~ ~__ ~ ~E REMO~P FROM THE SITE. ~ILTE~ CLOTH WILL ~E ~ SECTION A -A U~DE~ ~IP-RAP ~LOPE P~OTECT~h WETLANP~ O 5 [0 ~0 30 ~PI/R~ WILL ~ CONSTRUCTED ~mm I I I WITHIN  j ~ ~HASON WILL BE IN ACCORDANCE WITH ~ILL RD. VI~N~ DEPA~MEN~ OD ~ ~ L A,,T U~/ AND ~AN~AT,~ ROAD AN ~APP~OX., 140 CT~"5F AT A&UTMENT A.AND I10 C.Y. ~DIKE AND C~USEWAy FOR  CONSTEUCTt0H A~E TO ~E REMOVED AFTEK CITY 4000 V ICINI~y MAP4oooFg FRO~ U~G~ ~UAO. ~OA~O~E ~..o~: REPLACE 'WASHED : - '~O~[D~EPLACEMENT OUT -BRIDGE ~ MASON~MILL ROAD.BRI~E DATUM USG S OVER TINKER CREEK i ALL.CITY OF EOANOK[ ' -' · T CITY OF. ROANOKE ~ or ROANOKEsT~T~ ~A · i .... i-: - : ..... ~ ..... :--: -;: .............. 'Z£:~.ZL_~_: :--.i- - ..... :" ........ :' ................. ...... --4 ............. I ........ ~ . .. . .... :3~'1 ?;' '~' - . ' I · ...... I- - / .,_.t.. ~. ......... :':. .... '. ..... t -- ./.~//f ....... .- ' . _ ._~ i ." ~/ ..... ; ~ ' ' ~ ~ -/,--- ; z '<~/~. ~'-: -.-/ - .......... : ............ . :._ , ~m ~ '//:, ' ART PLAN VIEW ~ NATURAL ANGLE ; ' ~l~y HIGH WAT~ CAUSEWAy- TYPICAL CAUSEWAY ' QU~NTITI~: FILL = I~ G.~ ~ A~EA = ~ ~.~ ~ ~ : F COFFERDAM , . ~.. { ......... EEPLAO E- WA~PEp ~ PROPOSED~E P~~ _~F~. OUT :B~t~GE:-:;: ....... ~ .............. : "'~ ...... ~ ..... ~.~ August 28, 1986 File #60-246 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28318, amending and reor- daining certain sections of the 1986-87 Fifth District Consortium Fund Appropriation Ordinance, by appropriating $1,024,534.00 of funding for the Fifth District Employment and Training Consortium, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, JMS:se Enc. cc: Mr. Judith M. St. Clair Deputy City Clerk W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Ritchie, Director of Human Resources Ms. Carolyn H. Barrett, Administrator, Fifth District merit and Training Consortium Employ- Roo~ 456 ~unlclpal Building 215 C~urch Avenue, S.W. Rcx:lr'~ke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28318. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Fifth District Consortium Fund Appropriation Ordinance, 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 1986-87 Fifth District Con- sortium Fund Appropriations Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Fifth District Employment and Training Consortium $ 3,714,352 JTPA Admin. Pool (1) .............................. 134,647 Title IIA (2) ..................................... 762,998 Employment Services FY87 (3-17) ................... 76,889 Teen Parents FY87 (18-28) ......................... 50,000 Revenue Fifth District Employment and Training Consortium $ 3,714,352 JTPA Admin. Pool (29) ............................ 134,647 Title IIA (30) ................................... 762,998 Employment Services FY87 (31) .................... 76,889 Teen Parents FY87 (32) ........................... 50,000 (1) Funding Authority (2) Funding Authority (3) Wages (4) Fringes (5) Miscellaneous (6) Wages (7) Fringe Benefits (034-054-8760-9990) $134,647 (034-054-8761-9990) 762,998 (034-054-8770-8010) 2,602 (034-054-8770-8011) 305 (034-054-8770-8020) 50 (034-054-8770-8266) 3,176 (034-054-8770-8267) 719 (8) Supplies (9) Miscellaneous (10) Wages (11) Fringes (12) Travel (13) Supplies (14) Leases (15) Wages (16) Fringes (17) Travel (18) Prof. Wages (19) Prof. Fringes (20) Non-Prof. Wages (21) Non-Prof. Fringes (22) Supplies (23) Travel (24) Admin. Wages (25) Admin. Fringes (26) Tuition (27) Transportation (28) Child Care (29) State Grant Rev. (30) State Grant Rev. (31) State Grant Rev. (32) State Grant Rev. (034-054-8770-8268) (034-054-8770-8269) (034-054-8770-8110) (034-054-8770-8111) (034-054-8770-8112) (034-054-8770-8115) (034-054-8770-8118) (034-054-8770-8260) (034-054-8770-8261) (034-054-8770-8262) (034-054-8775-8300) (034-054-8775-8301) (034-054-8775-8302) (034-054-8775-8303) (034-054-8775-8310) (034-054-8775-8311) (034-054-8775-8320) (034-054-8775-8321) '(034-054-8775-8322) (034-054-8775-8323) (034-054-8775-8324) (034-034-1234-8760) (034-034-1234-8761) (034-034-1234-8770) (034-034-1234-8775) 5O 20,000 18,735 4,244 123 900 3,380 18,180 4,118 307 16,851 2,889 9,392 1,942 1,100 1,328 4,840 660 3 692 1 456 5 850 134 647 762 998 76 889 50 000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. August The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, Virginia 25, 1986 '86 !!! 14 ? '24 Dear Members of Council: RE: Fiscal Year 1987 Funding for the Fifth District Employment & Training Consortium I. Background The Consortium submitted the Fiscal Year 1987 Title II-A Implementation Strategy to the Governor's Employment and Training Department on May 29, 1986. Planned programs include on the job training, job related education, classroom training and remedial education. Transportation services will be provided to those eligible. Approximately two hundred fifty (250) youth (ages 16-21) and three hundred (300) adults (age 21 and over) of the Fifth Planning District are targeted to ~-~ served. The Consortium has been authorized to operate a joint contract with the Roanoke City Department of Social Services during Fiscal Year 1987. The program will offer Job Search, Career Explora- tion, Work Experience, Adult Basic Education, and GED Preparation to three hundred (300) eligible Roanoke City residents. A proposal was submitted by the Consortium to the Virginia Department of Education on May 23, 1986 to operate a "Model Program for the Employability of Teenage Parents" during Fiscal Year 1987. Thirty (30) female teenage parents will be encour- aged to remain in or return to school, through participation in on the job and classroom training. Supportive services will include counseling, transportation, child care, job development and job placement. Participants will be selected for this program as a result of outreach and identification made by the Public Schools of Roanoke City, Roanoke Members of Council Page 2 August , 1986 County, and Salem, and the Roanoke City Department of Social Services. The City of Roanoke is the Grant Recipient for Consor- tium funding. City Council must appropriate the funds for all grants the Consortium receives. II. Present Situation The Governor's Employment and Training Department has sent to the Consortium Notice of Award Number 87-133-01 in the amount of $897,645.00 for the Title II-A Program. The Roanoke City Department of Social Services and the Consortium have entered into a contract in the amount of $76,889.00 for employment services. The Virginia Department of Education has approved the Consortium's Teenage Parent Proposal at the level of $50,000.00 by Grant Award Number VA-87-C-202~l-SE-002. III. Issues A. Effect on Participants B. Effect on Service Providers C. Effect on Consortium Staff D. Timing E. Funding F. Project Costs IV. Alternatives me Appropriate $1,024~534.00 of new Consortium funding and establish a revenue estimate for $1,024~534.00 in accounts to be established by the Director of Finance. Effect on Participants - Approximately eight hundred and eighty (880) eligible youth and adults will be served by planned programs. 2. Effect on Service Providers Contracted programs can be initiated. Members of Council Page 3 August , 1986 CC: 3. Effect on Consortium Staff - Staffing assignments can be made. 4. ~ - Would allow programs to begin immediately and to be completed by required dates. 5. Funding Funds are available from grantor agenczes at no cost to the City. 6. Project Costs Total will be $1,024,534.00. B. Do not appropriate $1,024,534.00 of new Consortium funding and do not establish a revenue estimate for $1,024,534.00. 1. Effect on Participants - Employment and training needs of eight hundred and eighty (880) citizens will not be fulfilled. 2. Effect on Service Providers Contracts will not be awarded by the Consortium. 3. Effect on Consortium Staff - Would cause lay-offs and hiring freeze. 4. Timing - Any delay would cause slow start up of programs and underexpenditure of available funds. 5. Funding - Not a factor. 6. Project Costs - Not a factor. Recommendation A. Appropriate $1,024,534.00 of new Consortium funding and establish a revenue estimate for $1,024,534.00 in accounts to be established by the Director of Finance. Respectfully Submitted, W. Robert lterbert City Manager City Attorney Finance Director Director of Human Resources August 28, 1986 File #9-87 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28319, authorizing the appropriate City officials to enter into an agreement between the City and the National Balloon Racing Association for the provi- sion by such organization of certain services for Airport Appreciation Days 1986, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Si ncerel y, Judith M. St. Clair Deputy City Clerk JMS:se Eric o CC: Mr. Bill Meadows, National Balloon Racing Association, Route 9, Box 300A, Statesville, North Carolina 28677 Mr. Thomas V. Anderton, National Balloon Racing Association, 2510 South Clearing Drive, Salem, Virginia 24153 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Robert C. Poole, Manager, Airport Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Laban Johnson, Special Events Coordinator Mr. D. Darwin Roupe, Manager, General Services Room456 MunlcipolBulldlng 2150~urchA'v~ue, S.W. Roanolce, Vlrglnla24011 (703)981-2541 5A4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28319. AN ORDINANCE authorizing the appropriate City officials to enter into an agreement between the City and the National Balloon Racing Association for the provision by such organization of cer- tain services for Airport Appreciation Days 1986; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to exe- cute and attest, respectively, for and on behalf of the City, an agreement with the National Balloon Racing Association, in form approved by the City Attorney, for the provision by such asso- ciation of certain services in connection with Airport Appreci- ation Days 1986, at the Roanoke Regional Airport, Woodrum Field, upon certain terms and conditions, as set out in the report to this Council dated August 25, 1986, to include such other terms and conditions as may be deemed appropriate by the City Manager. municipal ordinance In order government, shall be in to provide for the usual daily operation of the an emergency is deemed to exist, and this full force and effect upon its passage. AT'rEST: City Clerk. Roanoke, Virginia August 25, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: License Agreement, National Balloon Racing Association I. Background: Ao Airport Advisory Commission in a report to Council on June 2, 1986 recommended approval of a 1986 Air Show and Second Annual Balloon Race for September 12 - 14, 1986. City Council con- curred in that recommendation subject to the terms of the final agreement for the Balloon Race. Bo National Balloon Racing Association (NBRA) requests a license to hold its Second Annual Balloon Race at Roanoke Regional Air- port during the above three day event. Co Airport Operations and Publicity Committee, which has coordinated previous Airport Appreciation Days through the Airport Manager's Office, added the Balloon Race to the Air Show activities in 1985. This was the first Balloon Race in Virginia. II. Issues in order of consideration are: A. Cost B. Airport Promotion C. Airport Operations and Publicity Committee D. Insurance III. Alternatives: Approve License Agreement with the National Balloon Racing Association for use of certain City property on Airport premises to conduct a Balloon Race and related activities, in conjunction with the City's Annual Air Show. Cost to conduct Air Show is estimated to cost the City ~-~,000 and is expected to be offset by 15% return on all ticket sales. Ticket costs will be $4.00 per day at the gate. Tickets may also be sold in advance for the same price. Airport promotion efforts would be enhanced by public exposure to various aviation activities and airport services. Page 2 o Airport Operations and Publicity Committee is sponsoring other Air Show activities with funds from sale of adver- tisements in the Air Show program and from 5% of ticket sales. Insurance for the Balloon Race would be provided by the NBRA. City will increase its liability insurance cover- age for the three day event. Proposed agreement requires NBRA to indemnify and hold City harmless and to provide comprehensive general public liability insurance for the event in an amount not less than $1 million per occurrence. No aviation service vendor will be allowed to participate without that vendor and the City having insurance coverage. B. Do not approve License Agreement with the National Balloon Racing Association. 1. Cost to conduct other Air Show activities could increase due to loss of revenue from ticket sales by NBRA. 2. Airport promotion would be somewhat reduced by having less Air Show activity. 3. Airport Operations and Publicity Committee would still sponsor other Air Show activities, but on a reduced level. 4. Insurance for the Air Show and aviation vendors will still have to be provided if we are to have the Air Show. IV. Recommendation: City Council approve License Agreement in form approved by City Attorney in accordance with Alternative "A". Respectfully submitted, W. Robert Herbert City Manager WRH:RCP:afm CC: City Attorney Director of Finance Airport Manager City Engineer General Services Manager THIS LICENSE AGREEMEnt is made this __ day of 1986, between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation, hereinafter referred to as "City"; the AIRPORT OPERATIONS AND PUBLICITY CO~ITTEE. a Virginia corporation, hereinafter referred to as "Committee",. and the NATIONAL BALLOON RACING ASSOCIATION, a North Carolina Association. hereinafter referred to as "Licensee". WHEREAS. Licensee desires the use of certain portions of the Roanoke Regional Airport, ~¥oodrum Field, for the production and exhibition of activities related to use and appreciation by the general public of the Airport and aviation including public entertainment, all such entertainment and other activities con- ducted on the Airport premises hereinafter jointly and collec- tively referred to as the "Event"; and WHEREAS. City and Committee are willing to provide use of certain City property and certain basic support services for said Event upon certain terms and conditions. W I T N E S S E T H: IN CONSIDERATION of the mutual covenants contained in this Agreement. City and Licensee agree as follows: 1. Licensed Space: City grants to Licensee permission to use a certain portion of the Roanoke Regional Airport, ~oodrum Field, as shown on the attached diagram marked "Exhibit 1" hereinafter referred to as "Premises". Purpose: Licensee shall use this space for the sole purpose of the Event. Use Dates: Licensee's use of the Premises shall begin at 12:01 A.M.. on Friday. September 12, 1986, for the purpose of the Event and tember 14, Wednesday, 11:59 P.M., shall terminate at 11:59 P.A., on Sunday. Sep- 1986. Move-in period shall begin at 6:00 A.M.. on September 10, 1986, and move-out must be completed by Tuesday, September 16, 1986, at which time Licensee shall vacate the Premises. 2. Fee Terms, Expenses and Charges: Licensee shall pay to City the amount equal to 15% up to $56,000.00 of ~ross ticket sales, 16% for all over $56,000.00 of gross ticket sales, and to the Co~nittee the amount equal to 5% of the gross ticket sales for all three days of the Event, gross ticket sales to include advance sales. The City and the Licensee shall establish mutually a secured area for the collection of monies and distribution of tickets. The City shall be entitled to have one representative present at all times in the collection and counting of the funds. The funds collected from ticket sales at the Event shall be periodically counted and transported at least daily for safe- keeping in the joint name of the City and Licensee at a federally insured banking facility, requiring the authorized signature of both City and Licensee for removal. Licensee agrees to provide adequate security for such funds at all times, including, without limitation, transport from - 2 - sales areas to the secured area, and transport from the secured area to the banking facility. Licensee shall indemnify and hold City harmless from any loss, claim, suit or judgment resultin~ from the theft, misuse or misapplication of any of the proceeds of the Event. ~ 3. Settlement: City, Licensee, and Committee shall [neet to discuss settlement within forty-ei~ht (48) hours of the Event. 4. Cancellation by Licensee: In the event that City should determine that a reasonable basis exists for concluding either that there has been a default, nonperformance or breach of any of the warranties, terms or conditions of this Agreement by Licensee or that Licensee has abandoned or cancelled the Event, City shall have sole and complete discretion to declare the Event to be can- celled and City shall be authorized to retain Licensee's initial deposit as liquidated damages. Licensee shall also pay on demand to City any out-of-pocket expenses incurred by City in connec- tion with such a cancelled Event. As security for such payment, Licensee shall deliver to City at least fifteen (15) days prior to the Event a performance bond with corporate surety approved by City, or cash or check, payable to City, in t~e amount of $2,000.00, which security shall the completion of the Event or necessary to cover expenses of be returnable to Licensee upon retained by City to the extent such a cancelled Event. City's exercise of its rights hereunder shall not prejudice its exercise of other rights and remedies as to Licensee with respect to such a cancelled Event. - 3 - 5. Tickets: Licensee shall be responsible for providing all tickets in form acceptable to City. Licensee shall not dispose of or sell tickets in excess of the number approved by City. City reserves the right for safety purposes to limit the number of persons entering the Event at. any time. City reserves the right to make ticket refunds for cause out of ticket sale proceeds in the sole and exclusive discretion of City without liability to Licensee, in keeping with the City's policy of serving the public in the best possible manner and maintaining the public faith. 6. Insurance: Licensee shall obtain and maintain, until the completion of the Event, comprehensive general public liabil- ity insurance for the Event, including bodily injury and property damage, in an amount not less than One Million Dollars ($1,000,000) for any one occurrence. Licensee shall name City, its officers, agents and employees, and Co~ittee, its officers, a~ents and employees as additional insureds on the above policy or policies. Licensee shall furnish the City at least fifteen (15) days prior to the Event certificates evidencing the required insurance coverage and expressly providing that such coverage shall not be cancelled or materially altered except after thirty (30) days prior written notice of such cancellation or material alteration to City. In the event that proper evidence of such insurance is not so provided to the City, City reserves the unqualified right to deny Licensee use of the Premises and/or to cancel the Event in accordance with paragraph 4 above. to be responsible for and pay, and Con~nittee, their officers, and all loss, cost or expense, Indemnification and Allocation of Risk: Licensee agrees indemnify and hold harmless City agents and employees a~ainst any including reasonable attorneys' fees, resulting from any claim or legal a~tion of any nature whatsoever, whether or not reduced to a judgment, for any liabil- ity of any nature whatsoever that may arise against City or Con~nittee in connection with the Bvent or in connection with any breach of any covenant, term or condition of this Agreement by Licensee, including, without limitation, any patent, trademark, franchise, copyright, libel or defamation claim or suit and any claim or suit based upon Licensee's or Licensee's agents', ser- vants', employees' or invitees' intentional or negligent acts or omissions. Licensee further warrants that all copyrighted ~naterials to be performed during the Event have been duly licensed or authorized by their copyright owners and Licensee agrees to be responsible for all license and royalty fees incurred by reason of the performance and, in addition to any provisions contained elsewhere in this Agreement, to indemnify and hold City harmless from any and scs incurred with regard thereto. all claims, losses or expen- prior to coverage the foregoing indemnification and hold harmless agreement amount not less than One Million Dollars ($1,000,000) per occurrence. Licensee shall provide City at least fifteen (15) days the Event evidence of contractual liability insurance covering this A~reement, including, without limitation, in an Receipt and storage of Licensee or any property or equipment placed on Licensee shall be at Lieeneee's expense and risk agrees to hold city harmless for any damage to property. ~ 8. Compliance with Laws and Regulations: comply with all laws, ordinances established by federal, state or bodies, applicable to the Event, equipment or property by City for Licensee shall and regulations adopted or local governmental agencies or including, without limitation, any and all requirements of the Federal Aviation Administration, the Commonwealth of Virginia Department of Aviation and shall require all its agents, employees, contractors, Event par- ticipants, or subcontractors to do likewise. Licensee shall pro- vide City with evidence of compliance with such requirements in a timely manner. Lieensee shall pay promptly all applicable taxes and fees and obtain all licenses or permits for use of the Premises for the Event as required by federal, state or local laws and ordinances and Liceneee shall provide evidence of compliance with such federal, state or local laws and ordinances to City in a timely manner. 9. Event Requirements: Without the prior approval of City, Licensee shall not bring onto the Premises any material, sub- tance, equipment or object which may endanger the life of, or may cause bodily injury to any person on the Premises or which may constitute a hazard to property thereon as reasonably determined by City. City reserves the right, in City's sole and complete discretion, to refuse to allow any such material, substance, the Premises by and Licensee or loss of such equipment or object to be brought onto the Premises and the further right to require its immediate removal therefrom. Licensee certifies to City that it enjoys a valid contract or contracts with performers ~hose services constitute the Event and shall submit copies of suqh contracts to City for review on demand. 10. Basic Facilities: In addition to use of the Premises, City and Committee shall provide to Licensee for the Event at their expense only the services and facilities shown on Exhibit 2 to this Agreement. 11. Control of Premises and Right to Enter: In permittin~ the use of the Premises, City does not relinquish the right to enforce all necessary and proper rules and laws for the manage- ment and operation of the Premises and the safety of the citi- zens. Duly authorized representatives of City may enter the Premises at any time and on any occasion without restriction, for the enforcement of any such rules and laws. City reserves the right to remove or cause to be ejected from the Premises any per- son engaging in dangerous, unsafe or illegal conduct and neither City nor its agents, officers or employees shall be liable to Licensee for any damages that may be incurred by Licensee as a result of the exercise by City of such right. City reserves and maintains the absolute right to stop or prevent the Event and evacuate the Premises. where ia City's sole and exclusive discre- tion such action is required for public safety, without any liability on the part of City. Entrances to the Premises shall - 7 be opened for such Event at such times and in the manner prescribed by City. 12. Action in Public Interest: Licensee agrees that it is the policy of City to serve the public in the best possible manner and Licensee agrees that it, its enlployees and agents shall at all times cooperate with City in effecting this policy and maintaining the public faith. 13. Advertising: The City reserves the right to approve all advertising material with respect to the Event, which approval shall not be unreasonably withheld. 14. Agreement to Quit Premises: Licensee agrees to quit the Premises at the end of the term Of this Agreement and leave the Premises and any other City property in the same condition as at the cormmencement of the Event, ordinary wear and tear excepted. License shall pay on demand to City as an out-of-pocket expense cost of repair or replacement for damages deemed by City in its sole and complete discretion to be material and not as a result of ordinary wear and tear which damages occurred to the Premises or any other City property as a result of Licensee's use of the Premises. Licensee shall remove all of its ~naterials Premises at the termination time of this Agreement. remove at from the City may the expense of Licensee all materials remaining on the Premises at the termination time of this Agreement. Licensee shall be responsible for payment of storage costs for such material and City shall in no way be responsible for and Licensee agrees to hold City harmless for loss, damage or claims with - 8 - respect to material removed or stored under the terms of this Agreement. 15. Assignment: Licensee shall not assign or transfer any right or interest under this A~reement, including, without limi- tation, the right to receive any paymen~,~ without City's prior written approval of satisfactory evidence of such assignment and Licensee agrees that any such assignment without prior written approval of City shall be null and void. 16. Notice: Notice to City required by this Agreement shall be sent by certified mail, return receipt requested, to City of Roanoke, c/o Airport ~nager, Roanoke Regional Airport, Woodrum Field, Roanoke, Virginia 24012; notice to Licensee hereunder may be sent by regular mail or certified mail, return receipt requested, to Licensee at Rt. 3, DoE 26, Statesville, North Carolina 28677. 17. Certification: The undersigned hereby certifies that he or she is legally authorized to enter into this A~reement on behalf of Licensee and to bind Licensee to the terms and con- ditions contained herein and that Licensee is legally authorized to enter into this Agreement. 18. Relationship to Other Parties: It is not intended by ANY of the provisions of ANY part of this A~reement to confer a benefit upon any other person or entity not a party to this Agreement or to authorize any person or entity not a party to this Agreement to maintain a suit pursuant to the terms or p4'ovi- sions of this Agreement, including, without limitation, any claim or suit for personal injuries, property damage or loss of profits or expenses. 19. Default by City: In the event of any default, non- performance or breach of any of the terms or conditions of this Agreement by City, Licensee agrees that City's liability hereunder shall be limited to repayment of any amount of deposit or rent previously paid 20. GoverninN Law: enforced under the laws to City by Licensee under this Agreement. This Agreement shall be construed and of the Commonwealth of Virginia. modified by any oral other representative may be modified only City and Licensee. 21. Separate Provisions: If any provision of this Agreement should be held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 22. Complete Agreement: This Agreement constitutes the final, complete and exclusive statement of the terms of the understanding between City and Licensee. All terms and con- ditions of this Agreement shall be binding upon City and Licensee, their heirs, successors, or assigns, and cannot be representation or promise of any agent or of either City or Licensee. This Agreement by written instruments properly executed by WITNESS the ATTEST: following signatures and seal: CITY OF ROANOKE, VIRGINIA B~ Title 10 - ATTE ST: ATTE ST: AIRPORT OPERATIONS AND PUBLICITY C~ITTEE By Title NATIONAL BALLOON RACING ASSOCIATION By Title Member - 11 E~bib£~ 1 Exhibit 2 PERIMETER FENCING: The Licensee and City shall agree upon the areas to be secured, which shall include any areas which will be restricted to the public, all referred to as Perimeters. Any part of the Perimeters which is not already secured by fence, shall De secured by stake and twine by the City. ~he Licensee will fur- nish the City with signs stating "RESTRICTED AR gA - DO NOT ENTER". The City will place these signs around the Perimeters. PERIMETER SECURITY: The Committee shall be responsible for arranging for the per- sonnel to patrol and secure the Perimeters during the official hours. Volunteer organizations may be used. The City shall fur- nish at least one policeman to back up the volunteers. The policeman shall patrol the Perimeters and be available to the City or Licensee as needed. GATE AND PARKING MANPOWER: The City and Airport Operations and Publicity Committee be responsible for arranging for the manpower to handle the tickets at the gate and park the cars. shall TRAFFIC CONTROL: The City shall make the arrangements wit~ local police ~nd highway patrol to provide the necessary policemen to insure the smooth traffic flow to and from the Premises. RACE HEADQUARTERS: The Licensee shall be responsible for securing a mobile home to be placed in a mutually agreeable location to act as Race Headquarters. The Race Headquarters will house the Licensee weather station, radio communication equipment and computers. This will be the check-in location for balloonists. Race Headquarters will be the place where the City and Licensee coordinate all activities. TELEPHONE: The City shall furnish one telephone in in Race Headquarters and De responsible for cost. The Licensee will be responsible for and any long distance calls. the name of Licensee the installation the service charge POWER FOR THE CONCESSIONS: The City shall be responsible for a power drop to a point agreed upon between the City and Licensee. The City is respon- sible only for the cost of the installation and removal of the same. The NBRA will be responsible for the power bill for the electricity used which shall be billed in the name o~ the Licensee. WATER FOR THE CONCESSIONS: The City shall provide one standard water faucet within 500 feet of the Concessions. The NBRA will ~rnish a connecting hose and all the hoses, connectors and faucets to the individual Concessions. The amount of water used is very small and usually not enough worth metering, but if there is a charge for the water used, then that cost will be the responsibility of ~he NBKA. PORTA-JOHNS: The City shall be responsible for furnishing the Porta-Johns and the cost thereof. The number is usually determined by the City and the NBRA, but a different number may be required by Local health Laws. TRASH CONTROL AND CLEAN UP: The City shall furnish at Least ten (t0) crash cans (usually 55 gal. drums) within the Perimeter and at least one Large dumpster. The City shall furnish the necessary personnel to empty the trash cans as needed and to clean up after the balloon race. August 28, 1986 File #9 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28320, authorizing the appropriate City officials to enter into Amendment No. 5 to, the City's contract with Delta Associates P.E., Inc., for the Airport runway extension, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday August 25, 1986. ' Si ncerely, JMS:se Enc. CC: Judith M. St. Clair Deputy City Clerk Mr. Edward L. Beale, President, Delta Associates P.E., Inc., Chesterfield County Airport, 7734 Whitepine Road, Richmond, Virginia 23237 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Robert C. Poole, Manayer, Airport Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mrs. Delores Irving, Construction Cost Technician 456 Municipal Building 215 O'~urch Av~c~ue, S.W. I~:~lnc~e, Vlrglnlo 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 25th day of August, 1986. VIRGINIA, No. 28320. AN ORDINANCE authorizing the appropriate City officials to enter into Amendment No. 5 to the City's contract with Delta Associates P.E., Inc., for the Airport runway extension; and pro- viding for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City, Amendment No. 5 to the City's contract with Delta Associates, P.E., Inc., for design of the runway extension to perform certain noise monitoring and engineering services for design and admin- istration of construction for taxiway guidance signs, said noise monitoring to be for an amount not to exceed the amount of $36,600.00 and engineering services for taxiway ~uidance signs to be for a lump sum amount of $8,700.00, said amendment to be in form approved by the City Attorney, as more specifically set forth in the report to this Council dated August 25, 1986. 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. Honorable Mayor and City Council Roanoke, Virginia Roanoke, Virginia August 25, 1986 Dear Members of Council: Subject: Engineering Services Runway Extension Amendment No. 5 (Noise Monitoring to supplement the noise contours and design of taxiway guidance signs) I. Background: City Council authorized by Ordinance No. 25384 dated November 24, 1980, the design of the Runway Extension. Contract was entered into with Delta Associates P.E. Inc. in the amount of $59,500.00 for Preliminary Design and $79~500.00 for Detailed Design, a total of ~139~000.00. Four amendments have been authorized by Council: 1. Amendment No. 1 in the amount of $48,400.00 for the detailed design of the Route 118 Underpass. 2. Amendment No. 2 in the amount of $170,300: i. Additional Design for Phase II in the amount of $32,100.00. Phase II was broken into four (4) bidding alternates to allow maximum use of antici- pated funding. ii. Administration of construction - a lump sum amount of $58,200.00 for Phase I. (Underpass) iii. Resident inspection - a not-to-exceed amount of $80~000.00 for Phase I. (Underpass) Amendment No. 3 in the amount of $356,000.00: i. Administration of construction - a lump sum amount of $136,000.00 for Phase II. ii. Resident inspection - a not-to-exceed amount of $220,000.00 for Phase II. Page 2 II. 4. Amendment No. 4 in the amount of $11,988.00: i. Engineerin~ services for the development of new NEF noise contours for a lump sum amount of $5,988.00. ii. Design services for the design and administration of construction for security chain-link fencing for a lump sum amount of $6,000.00. D. Construction is completed for the Runway Extension Project. Grant special condition ADAP 13 required the City to run new noise contours within one (1) year of the runway extension becoming operational. F. FAA tower has requested the installation of a new taxlway guidance sign system. Current situation is the City Administration has requested Delta Associates P.E. Inc., the runway extension engineers, to amend their contract to accomplish two (2) additional work tasks. A. Noise monitoring of up to sixteen (16) sites for a not-to- exceed amount of $36,600.00. En~ineerin~ services for the design and administration of construction for taxiway guidance signs for a lump sum amount of $8,700.00. III. Issues: A. Grant special conditions B. FAA tower requirements C. Funding IV. Alternatives: A. Council authorize the City Manager to execute Amendment No. 5 to the contract with Delta Associates P.E. Inc. for: i. Noise monitoring of up to sixteen (16) sites for a not-to-exceed amount of $36~600.00. ii. En~ineerin~ services for the design and administra- tion of construction for taxiway guidance signs for a lump sum amount of $8~700.00. Page 3 Ve 1. Grant special condition would be met. 2. FAA tower requirements would be insured. 3. Funds exist within the Runway Extension Account No. 004 056 8551 9055. B. Council not authorize Amendment No. 5. 1. Grant special condition would not be met at this time. 2. FAA tower requirements would still exist. 3. Funds would remain within the Runway Extension Account. Recommendation is Council concur in Alternative "A" authorizing the City Manager to execute Amendment No. 5 to the contract in a form approved by the City Attorney with Delta Associates P.E. Inc. WRH/JGB/mm Attachment - Amendment No. 5 cc: City Attorney Director of Finance Director of Utilities & Operations City Engineer Airport Manager Construction Cost Technician Respectfully submitted, W. Robe~ t~-Her~be r t' City Manager A~tEND~NT TO THE AGRBF2tENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL S~VICES Delta Project No. VA 8228-C This AMENDMENT No. Five (5), dated July 1, 1986 is made to the December 2, 1980 Engineering Agreement between the City of Roanoke, Virginia, the OWNER and Delta Associates P.E., Inc., the ENGINEER. This AMENDMENT is required to accomplish two (2) additional work tasks as requested by the OWNER. The first scope revision involves noise monitoring to be accomplished in conjunction with the development of post extension noise contours as described in Amendment Four (4) as well as monitoring in the other runway approach zones. The second scope revision involves basic services for the design and installation of taxiway guidance signs at the Roanoke Regional Airport as prescribed by new FAA standards. Add the following paragraphs: ~I_~_ - - Ad~t~-D-~ C. The ENGINEER shall arrange noise monitoring as a verification for the computer generated noise contours for the extended Runway 23 as requested by the OWNER and required by the Grant Agreement for the AIP 3-51-0045-02 project. Monitoring of up to sixteen (16) sites will be evaluated. D. The ENGINEER shall design and administer the construction of taxiway guidance signs to be installed at the Airport as requested by the OWNER and the FAA. This work shall be included in the AIP 3-51-0045-02 project. Add the following to Section V of the Agreement: H. Payment for the development of noise monitoring shall be a Not-to-Exceed fee of $36,600 which will be billed on a unit cost basis for BBN and a lump sum of $3,300 for Delta Associates. I. Payment to the ENGINEER for engineering services for the design and administration of construction for taxiway guidance signs shall be a lump sum of $8,700. Ail other provisions of the original Agreement remain unchanged. OWNER: ENGINEER: City Manager DE T~S__Q~ATES P_~E._x INC. ATTEST: ATTEST: ENGINEERING COST ESTIMATE TAXIWAY GUIDANCE SIGNS Roanoke Regional Airport Roanoke, Virginia AIP Project No. 3-51-0045-02 July 1, 1986 Cover Sheet (1) Layout Sheet (1) Sign Details (1) 0 2 8 16 - 4 _16 8 24 --~_ Subtotal 12 34 56 Specifications Quantities and Estimates Coordination City, FAA, VDA Bidders Questions Bid Tabulation Contracts & Award 2 8 4 1 4 4 12 8 4 0 4 0 0 2 4 __2__ __90_ Subtotal 16 28 16 Preconstruction Conference (1) Construction Inspections (2) Final Inspection (1) Construction Correspondence FAA Pay Requests (2) Record Drawings Subtotal TOTAL Project Manager Project Engineer Engineering Technician 4 Trips @ $110.00 Printing P&S 0 1 2 30 30 x $56 = 114 x $38 = 80 x $23 = 0 8 0 0 16 0 0 8 0 1 8 0 8 0 4 8 52 114 $ 1,680 $ 4,332 $ 7,852 = $ 440 = $____4__50 $ 8,742 80 USE $ 8,700 August 28, 1986 File #318-353 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 28321, authorizing the exe- cution of a contract with Adult Care Center of Roanoke Valley, Inc., for payment for services rendered City residents through the Center's day care operation, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Si ncerely, JMS:se Enc. CC: Judith M. St. Clair Deputy City Clerk Ms. Betty Burris, Executive Director, Adult Care Center Roanoke Valley, Inc., 724 Dale Avenue, S. E. Roanoke Virginia 24013 ' ' Mr. James D. Ritchie, Director of Human Resources Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance of I:~:x:~n456 ~lunlcl~olBulldlng 215Chura~Av~'~,S.W.l~:~nc~e,~rglnlo24011 (703)'981-2.5,41 5A6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28321. A RESOLUTION authorizing the execution of a contract with Adult Care Center of Roanoke Valley, Inc., for payment for ser- vices rendered City residents through the Center's day care operation. BE IT RESOLVED by the Council of the City of Roanoke that the City's Director of Human Resources is authorized to execute, for and on behalf of the City, a contract with Adult Care Center of Roanoke Valley, Inc., for a period of five (5) years beginning on July I, 1986, for the payment for certain services to be rendered to the residents through the operation of the Center's day care program, the total consideration for such services not to exceed $3,600.00, and the contract, otherwise, to be subject to those terms and conditions set out in the City Manager's report of August 25, 1986; the form of such contract shall be approved by the City Attorney. ATTEST: City Clerk. Honorable Mayor and City Council Roanoke, Virginia Members of Council: Roanoke, Virginia August 25, 1986 II. III. Subject: Contract With Adult Care Center of Roanoke Valley, Inc. BACKGROUND A. Adult Care Center of Roanoke Valley, Inc. applied through the Citizens' Services Committee for City funds, in the amount of ~5,000.00, to provide day care and support services for functionally impaired elderly adults and respite and support services for their families. B. Citizens' Services Committee recommended an appropriation of .$3,600.00 to be used for these services. C. Citizens' Services Committea, in order to assure that these funds would be used solely for City citizens, requested City Council to authorize the City Manager, or his designee, to negotiate a contract with the Adult Care Center of Roanoke Valley, Inc. for provision of day care services to City citizens. CORRENT SITUATION A. The Director of Human Resources for the City of Roanoke is requesting permission from City Council to execute a contract, approved by the City Attorney, with Adult Care Center of Roanoke Valley, Inc. for payment of services provided to City citizens (see Attachment A). ISSUES A. Services to B. Budget. City Citizens. IV. ALTEP. NATIVES A. City Council approve the execution by the Director o£ Human Resources of a contract, approved by the Cit~ Attorney, with Adult Care Center of Roanoke Valley, Inc. for payment of services delivered to City citizens. - 2 - Vo 1. Services to City Citizens Elderly and functionally impaired City citizens will receive day care in an attempt to prevent and/or provide a viable alternative to institutionalization. 2. Budset - $3,600.00 has already been appropriated by City Council on June 9, 1986 by Ordinance No. 28194, and is available in Account No. 001-054-1270- 2010. B. City Council not approve the execution by the of Human Resources of a contract, approved by the City Attorney, with Adult Care Center of Roanoke Valley, Inc. for payment of services delivered to City citizen~. 1. Services to City Citizens - Elderly and functionally impaired City citizens may not receive day care and may have to be institutionalized as an alternative. 2. Budget - Not an issue. RECOMMENDATION A. City Council approve the execution by the Director of Human Resources of a contract, approved by the City Attorney, with Adult Care Center of Roanoke Valley, Inc. for payment of services delivered to City citizeng (Alternative A). Director W. Robert Herbert City Manager JDR:crc xc: City Manager City Attorney Finance Director Director of Human Resources .ATTACHMENT CITY OF ROANOKE DEPARTMENT OF HUMAN RESOURCES ADULT CARE CENTER OF ROANOKE VALLEY, INC. CONTRACT The named parties hereby enter into agree- ment, subject to the terms and conditions stated herein. COI~'r~IACTOR Adult Care Center of Roanoke Valley, 724 Dale Avenue, S. E. Roanoke, VA 24013 CITY A(;ERCY City of Roanoke Department of Human Resources 215 W. Church Avenue Roanoke, VA 24011 CONTRACT PERIOD I. COHPLETg From July 1, 1986 Through June 30, 1991· CO~TI~,ACTOR AGREES TO: Provide day care and support services for functionally impaired elderly adults and respite and support services for their families. Provide activities which help partic- ipants maintain or improve their level of functioning and enhance their sense of self-worth and independence. Provide monthly reports to the Depart- ment of Human Resources which will include: Information on services given; 2. Number of City residents served; o Assurance that verification is on file that residents for whom City of Roanoke is billed were residents of the City of Roanoke prior to II. III. COMPENSATION A -D OF PA~-ENTS CITY LIABILITY Eo receiving the services. Reports as required by the monitoring staff of the Citizens' Services Committee. Provide written documentation that the physical facility is in com- pliance with all state, and local fire, health, building and other relevant codes. Provide cooperation and compliance with the direction of the Director of Human Resources and other authorized City Officials. Provide the Department of Human Resources specific and measurable program objectives to be accom- plished during this contract period. The City of Roanoke agrees during this contract period to pay the contractor $ 25.00 per month per person for day care services rendered City residents up to a total not to exceed $3,600.00, under the conditions set forth herein. Payments will be made annually, at the beginning of each fiscal year, upon receipt of a properly approved invoice. The City of Roanoke reserves the right to withhold funds for services if it is determined that the services identified in Section I of this contract are not be- ing provided in a professional, acceptable manner. The Contractor acknowledges that the City of Roanoke shall not be responsible for any actions of employees or designated representatives of the program. In the event of any litigation which may arise as a result of the operation of this program, the Contractor agrees to assume the risk and/or liability for the cost - 3 - of any such litigation including, but not limited to, payment of damages or attorney fees to the plaintiff, and hold the City of Roanoke harmless therefrom. The Contractor also ac- knowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Contractor also acknowledges and agrees that the City shall not be obligated to provide insurance coverage, either commercially or self-supplied for the Contractor. Nothing contained herein shall be deemed an expressed or implied waiver of the sovereign immunity of the City of Roanoke. Neither the contractor, its employ- ees, assigns or subcontractors shall be deemed employees of the City of Roanoke or of the Department of Human Resources while performing under this agreement. IV. NON DISCRIMINATION During the performance of this contract, the contractor agrees as follows: ao The contractor will not discrim-' inate against any subcontractor, employee or applicant for employ- ment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reason- ably necessary to the normal oper- ation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for em- ployment notices setting forth the provisions of this nondiscrim- ination clause. m o The contractor, in all solicitations or advertisements for employees placed by or on behalf of the con- tractor is an equal employment opportunity employer. VI. GEi~ERAL PROVISIONS CANCELLATION CLAU~ Notices, advertisements and so- licitations placed in accordance with federal law, rule or reg- ulation shall be deemed sufficient for the purpose of meeting the quirements of A and B above. Nothing in this contract shall be con- strued as authority for either party to make commitments which bind the other party beyond the scope of this contract. This contract shall remain in full force and effect until cancelled by either party giving the other party thirty days' written notice of cancellation. Any such notice of cancellation shall be in writing and sent by certified mail (return receipt required) to the Director of the Department of Human Resources, Room 356 Municipal Building, 215 W. Church Ave., Roanoke, Virginia 24011 in the case of the City, and to the Executive Director, Adult Care Center of Roanoke Valley, Inc., 724 Dale Ave., Roanoke, Virginia 24013 in the case of the Adult Care Center. No payment will be made for expenses in- curred or services rendered after receipt of notice except those expenses incurred prior to date of termination that are necessary to curtailment of operations under this contract. The contractor is hereby informed that failure to comply with any of the above conditions shall constitute grounds upon which the City of Roanoke may terminate this contract, discontinue payments, or require reimbursement of fund payments after 30 days notice to contractor. If this action is taken, the Department of Human Resources will notify the program in writing by certified mail. IN WITNESS WHEREOF by the following signatures and seals the City of Roanoke and the Adult Care Center of Roanoke Valley, Inc. have executed this contract as of this , 1986. CITY OF ROANOKE day of Director of H~-u Resources ADULT CARE CENTER OF ROANOKE VALLEY, INC. (Title) August 28, 1986 File #145-318 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 28322, authorizing the exe- cution of a contract with the Salvation Army for payment for ser- vices rendered City residents through the Battered Women's Program, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Si ncerely, Judith M. St. Clair Deputy City Clerk JMS:se Enc. cc: The Salvation Army, P. O. Box 1631, Roanoke, Virginia Mr. James D. Ritchie, Director of Human Resources Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance 24008 Room456 MunlcipalBuildlng 215~urchA~,.~ue.S.W. I1oanoke, Vlrginia24011 (703)98t-254'1 5/t7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28322. A RESOLUTION authorizing the execution of a contract with the Salvation Army for payment for services rendered City residents through the Battered %~omen's Program. BE IT RESOLVED by the Council of the City of Roanoke that the City's Director of Human Resources is authorized to execute, for and on behalf of the City, a contract with the Salvation Army for a period of five (5) years beginning on July 1, 1986, for the payment for certain services rendered City residents through the Battered Women's Program, the total consideration for such ser- vices not to exceed $14,000.00, and the contract, otherwise, to be subject to those terms and conditions set out in the City Manager's report of August 25, 1986; the form of such contract shall be approved by the City Attorney. ATTEST: City Clerk. ::' Roanoke, Virginia (;IT' AugUst 25, 1986 Honorable Mayor and Roanoke, Virginia Members of Council: Subject: I. II. III. City Council '86 19 ?-i 7 Contract With Salvation Army BACKGROIIND A. The Salvation Army applied through the Citizens' Services Committee for City funds as follows: 1. $25,000.00 to operate a program for the homeless; 2. $25,000.00 to operate a shelter for battered women. B. The Citizens' Services Committee, through its Chair- man, requested an opinion from the City Attorney as to whether or not the City could contract with the Salvation Army, a church or sectarian institution, and the answer was that this could be done as long as the contract is for the care of indigent, sick or injured persons and payment of City funds under any contract does not exceed the fair market value of services rendered (see Attachment A). C. The Citizens' Services Committee recommended an appropriation of $14,000.00 to be used for either program, and City Council concurred in the recom- mendation. CURRENT SITUATION A. The Director of Human Resources for the City of Roanoke is requesting permission from City Council to execute a contract, approved by the City Attorney, with the Salvation Army for payment of services provided to City citizens (see Attachment B). ISSUES A. Services to City Citizens. B. Legal. IV. C. Budget. ALTERNATIVES A. City Council approve the execution by the Director of Human Resources of a contract, approved by the City Attorney, with the Salvation Army for payment of services delivered by the Battered Women's Program to City citi- Bo zens. 1. Services to City Citizens - Abused women and their dependent children will have a shelter which provides safety, counseling and referrals to community resources. 2. Legal - Approval of the contract will in- sure compliance with the City Attorney's opinion that a contract is the only way the City can reimburse for the services. 3. Budget - $14,000.00 has already been appropriated by City Council on June 9, 1986 by Ordinance No. 28194 and is avail- able in Account No. 001-054-1270-2010. City Council not approve the execution by the Director of Human Resources of a contrac~ approved by the City Attorney, with the Salvation Army for payment of services delivered by the Battered Women's Program to City citizens. 1. Services to City Citizens - The Salvation Army may have insufficient funds to provide abused women and their dependent children, who are City citizens, a shelter which provides safety, counseling and referrals to community resources. Legal Could not fund services to the City's abused women and their dependent children as the City, in the opinion of the City Attorney, is prohibited from appropriating a direct contribution. Budget - Not an issue. RECOMMENDATION A. City Council approve the execution by the Director of Human Resources of a contract, approved by the City Attorney, with the Salvation Army for payment of ser vices delivered by the Battered Women's Program to City citizens. (Alternative A). R~spectfully . W. Robert Herbert City Manager JDR:crc XC: City Manager City Attorney Finance Director Director of Human Resources James D, Ritchie, City of Roanoke Roanoke, Virginia Director of Htunan Resources Re: Contracting with the Salvation Army Dear Mr. Ritehie: This is in response to your request of April 17, 1986, that I render my opinion with respect to whether the City may contract with the Salvation Army to provide certain services including the feeding and housing of the homeless, and the provision of shelter and counselling to victims of domestic violence. QUESTION PRESENTED May the City contract with the Salvation Army, a church or sectarian institution, to feed and house the homeless and provide shelter and counselling to victims of domestic violence? ANSWER Yes, as long as the contract is for the care of indigent, sick or injured persons and payment of City funds under any contract does not exceed the fair market value of services rendered. FACTS The Salvation Army is a church which operates many programs to fulfill its objectives. See the attached Position Statement of the Salvation Army dated January 12, 1982. The Roanoke unit of the Salvation Army has applied to the Citizens' Services Com- mittee for a grant in the amount of $25,000 in order to fund par- tially its abused women's shelter, which offers physical protec- tion and counselling for victims of domestic violence. The Sal- vation Army has applied for a similar grant of $25,000 in order to continue its program of providing housing and food for the homeless. The Salvation Army understands that, since it is a James D. Ritchie, Director, Human Resources April 23, 1986 Page 2 church, the City is prohibited from appropriating a direct con- tribution to it, and has requested that the City contract with it for the provision of the services described above. DISCUSSION OF LAW In an opinion to City Council dated July 24, 1978, I opined that the City is prohibited by §15.1-24, Code of Virginia (1950), as amended, from appropriating funds directly to a church, or any charitable institution or association controlled in whole or in part by any church or sectarian society, in the form of a contri- bution. I have attached a copy of §15.1-24 for your reference. This statute contains a provision that nothing in it "shall be construed to prohibit any county or city from making contracts with any sectarian institution for the care of the indigent, sick or injured persons." The Attorney General, citing the case of Bennett v. City of LaGrange, 112 S. E. 482, 485, 153 Ga. 428 (1922), has opined that the Salvation Army is a "sectarian insti- tution'' within the meaning of §15.1-24, and I concur with this opinion. Se~e Report of the Attorney General (1972-1973) at page 122. As long as any contract between the City and the Salvation Army is limited to the "care of the indigent, sick or injured persons" and consideration paid by the City under the contract for services rendered by the Salvation Army does not exceed the fair market value of such services, I am of the opinion that §15.1-24 would permit such a contract. To the extent public funds exceeding the fair market value of services rendered might be paid to the Salvation Army, such would constitute a prohibited gift to a church or sectarian institution. As you note in your memorandum, only City Council may authorize a contract of the magnitude proposed by the Salvation Army, which would total $50,000 worth of services. With kindest personal regards, I am WCDJr:WMH:fcf Attachments cc: W. Robert Herbert. City Manager Sincerely yours, City Attorney A POSITION STATEMENT Any agency, government or private, which enters into contract with The Salvation Army, should clearly understand that The Salvation Army is an inter- national religious and charitable movement organized and operated on a quasi-military pattern and is a branch of the Christian Church. All programs of The Salvation Army are under the supervision and control of Salvation Army officers who are ministers of the Gospel. The primary objective of The Salvation Army is to help men and women discover for themselves that God is their Heavenly Father and that through faith in Jesus Christ the mistakes of their past can be forgiven and a new life of right relationships with God and their fellowmen can begin. This, we believe, is the supreme rehabilitation which encompasses and includes all lesser rehabilitations. However, it should also be clearly understood that The Salvation Army's vast practical ministry of providing food, shelter, health services, counseling and the whole gamut of aid, is given unreservedly to needy men and women simply because they are needy. We do not give them help as some kind of desperate bribe to make them into Christians. That would not only be despicable; it would be a failure. Prac- tical aid is given regardless of a person's race, color, creed--or lack of it. If a needy person rejects the Army's gospel, the Army does not reject him or her. Therefore, agencies with any qualms lest they breach the dividing line be- tween church and state by contracting with The Salvation Army, should both take heed and take comfort. They will be in contract with an organization which, in common with the majority of philanthropic undertakings in the world, was born out of Christian compassion and which unhesitatingly accepts Christ's words, "Without me ye can do nothing." They can be certain that if th=,ir contract is for provision to help meet physical need and physical need only, the very same Chris- tian ethic which motivates The Salvation Al~ny is guarantee that the contract will be scrupulously observed. --Janua~ 12,1982 CITY OF' ROANOKE INTEROEPARTMirNT COMMUNICATION DATE: April 17, 1986 TO: FROM: Wilburn C. Dibling, Jr., City Attorney Jim Ritchie, Chairman, Citizens' Services Committee SUBJECT: Salvation Army Attached are two applications from the Salvation Army requesting funding through the Citizens' Services Committee. In his testimony before the Committee on Friday, April 11, 1986, Captain Allen Satterlee stated that he agrees with your legal opinion of last year that it is not legal for the City to provide a grant to the Salva- tion Army. He further stated that he is proposing to contract with the City, and it has been determined on both the State and Federal levels that it is lawful for governments to contract for services from the Salyation Army, and he does, in fact, have contracts with both the State and Federal Governments. Although the Committee has an Agreement with the Council of Community Services, which was approved by City Council, we are very aware we do not have the author- ity to contract. Before making a recommendation to City Council concerning these applications we need your advice. I~ it lawful for City Council to contract for the stated services from the Salvation Army if the Committee should decide to recommend a contract? Because the Committee is in the middle of its delib- erations your attention to this matter at your earliest convenience will be greatly appreciated. JDR:crc Attach. xc: Bill Hackworth ATTACHMENT B. CITY OF ROANOKE DEPARTMENT OF HUMAN RESOURCES BA'i-r]f~tED WOHEN'S PRO(~RAM CONTRACT The named parties hereby enter into agree- ment, subject to the terms and conditions stated herein. CONTRACTOR The Salvation Army P. O. Box 1631 Roanoke, VA 24008 CITY AGENCY City of Roanoke Department of Human Resources 215 W. Church Avenue Roanoke, VA 24011 CONTI(ACT PERIOD I. COMPLETE DESCRIPTION OF SERVICES From July 1, 1986 Through June 30, 1991 CONTRACTOR AGREES TO: ao Provide beds for battered women and their dependent children who are City residents during the period covered by this contract. Provide vocational guidance, individ- ual counseling and job placement assistance to a program monitored by the Department of Human Resources to individuals placed in the program as a result of this contract. C o Provide monthly reports to the De- partment of Human Resources which will include: Information on services given; 2. Number of City residents served; o Assurance that verification is on file that residents for whom City of Roanoke is billed were residents of the City of Roanoke prior to - 2 - II. COMPENSATI ON OF PAYI4ENT'---~- entering the shelter; Reports as required by the monitoring staff of the Citizens' Services Committee. Provide written documentation that the physical facility is in com- pliance with all state, and local fire, health, building and other relevant codes. Provide cooperation and compliance with the direction of the Director of Human Resources and other authorized City officials. Provide the Department of Human Resources specific and measurable program objectives to be accom- plished during this contract period. The City of Roanoke agrees during this contract period to pay the contractor $ 20.00 per day per bed utilized by City residents up to a total not to exceed $14,000.00 for services under the conditions set forth herein. Payments will be made upon receipt of a properly executed and approved invoice on a monthly schedule. Contractor shall submit such invoice at the end of each month. The City of Roanoke reserves the right to withhold funds for services if it is determined that the services iden- tified in Section I of this contract are not being provided in a professional, acceptable manner. III. CITY LIABILITY The Contractor acknowledges that the City of Roanoke shall not be responsi- ble for any actions of employees or designated representatives of the program. In the event of any litiga- tion which may arise as a result of the operation of this program, the Contractor agrees to assume the risk and/or liability for the cost of any such litigation including, but not limited to, payment of damages or attorney fees to the plaintiff, and hold the City of Roanoke harmless therefrom. The Contractor also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Contractor also acknowledges and agrees that the City shall not be obligated to provide insurance coverage, either commercially or self- supplied for the Contractor. Nothing contained herein shall be deemed an expressed or implied waiver of the sovereign immunity of the City of Roanoke. Neither the contractor, its employees, assigns or subcontractors shall be deemed employees of the City of Roanoke or of the Department of Human Resources while performing under this agreement. IV. NON b-~CRIMINATION During the performance of this contract, the contractor agrees as follows: The contractor will not dis- criminate against any sub- contractor, employee or appli- cant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupa- tional qualification reasonably necessary to the normal operation of the contractor. The contrac- tor agrees to post in conspicu- ous places, available to employees and applicants for employment, notices setting forth the provi- sions of this nondiscrimination clause. m o The contractor, in all solicita- tions or advertisements for em- ployees placed by or on behalf of the contractor, will state that such contractor is an equal employment opportunity employer. V. GENERAL PROVISIONS VI. CANCELLATION - 4 - Notices, advertisements and so- licitations placed in accordance with federal law, rule or reg- ulation shall be deemed sufficient for the purpose of meeting the re- quirements of A and B above. Nothing in this contract shall be con- strued as authority for either party to make commitments which bind the other party beyond the scope of this contract. This contract shall remain in full force and effect until cancelled by either party giving the other party thirty days' written notice of cancellation. Any such notice of cancellation shall be in writing and sent by certified mail (return receipt required) to the Director of the Department of Human Resources, Room 356, Municipal Building, 215 W. Church Ave., Roanoke, Virginia 24011 in the case of the City, and to the Captain, Salvation Army, p. O. Box 1631, Roanoke, Virginia 24008 in the case of the Salvation Army. No payment will be made for expenses in- curred or services rendered after receipt of notice except these expenses incurred prior to date of termination that are necessary to curtailment of operations under this contract. The contractor is hereby informed that failure to'comply with any of the above conditions shall constitute grounds upon which the City of Roanoke may terminate this contract and/or discontinue payments after 30 days notice to contractor. If this action is taken, the Department of Human Resources will notify the program in writing by certified mail. VII. RELIGIOUS ORG~ZATION It is recognized that the Salvation Army is a religious organization, and as such, agrees that religious programs and orien- tation shall not be mandated for residents, but may be made available at the resident's - 5 - request. No such program or orientation will be funded, in whole or in part, with funds provided pursuant to this contract. IN WITNESS WHEP. EOF by the following signatures and seals the City of Roanoke and the Selvation Amy have executed this contract as of this day of 1986. CITI' OF ROANOKE . Director of Hi. an Resources SALVATION ~ (CONTRACTOR) (Title) Off~e o~ ~e O.y Oe~ August 26, 1986 File #9-137 The Honorable John W. Warner United States Senator 421 Russell Senate Office Building Washington, D. C. 20510 Dear Senator Warner: I am enclosing copy of Resolution No. 28323, endorsin§ the appli- cation of Piedmont Airlines to designate Charlotte, North Carolina, as a gateway for nonstop air service to London, England, and Piedmont Airlines as the carrier to operate trans- atlantic flights on this route, which Resolution was adopted Dy the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, JMS:se Eric. Judith M. St. Clair Deputy City Clerk Room456 MunlcipolBullding 2¢5C~hurchAv~ue, S.W.l~,oonc~e,~lrglnlo24011 (703)981-254t Office of the 0~, Gerk August 26, 1986 File #9-137 The Honorable Paul S. Trible, Jr. United States Senator 517 Hart Senate Office Building Washington, D. C. 20510 'Dear Senator Trible: I am enclosing copy of Resolution No. 28323, endorsing the appli- cation of Piedmont Airlines to designate Charlotte, North Carolina, as a gateway for nonstop air service to London, England, and Piedmont Airlines as the carrier to operate trans- atlantic flights on this route, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, JHS:se Eric. Judith M. St. Clair Deputy City Clerk Room456 MunlcipalBulldlng 215 Church Ave~ue, S.W. Roanoke, Vlrginla24011 (703)981-254.t August 26, 1986 File #9-137 The Honorable James R. Olin United States Congressman 1207 Longworth House Office Hashington, D. C. 20515 Building Dear Congressman Olin: I am enclosing copy of Resolution No. 28323, endorsing the appli- cation of Piedmont Airlines to designate Charlotte, North Carolina, as a gateway for nonstop air service to London, England, and Piedmont Airlines as the carrier to operate trans- atlantic flights on this route, which Resolution was adopted by the Council of t~e City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, JMS:se Enc. Judith M. St. Clair Deputy City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-25~.1 C~ce of the ~y August 26, 1986 File #9-137 Mr. William R. Howard President Piedmont Airlines One Piedmont Plaza 'Winston-Salem, N. C. 27156-1000 Dear Mr. Howard: I am enclosing copy of Resolution No. 28323, endorsing the appli- cation of Piedmont Airlines to designate Charlotte, North Carolina, as a gateway for nonstop air service To London, England, and Piedmont Airlines as the carrier to operate trans- atlantic flights on this route, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Si ncerel y, JMS:se Enc. Judith M. St. Clair Deputy City Clerk Room456 MunlcipalBullding 2~t5ChurchA-~ue, S.W. Roanoke, Vlrglnla24011 (703)981-2541 Office of ~ City Clerk August 26, 1986 File #9-137 Mr. Donald McGuire Staff Vice President - Public Affairs Piedmont Airlines One Piedmont Plaza Winston-Salem, N. C. 27156-1000 Dear Mr. McGuire: I am enclosing copy of Resolution No. 28323, endorsing the appli- cation of Piedmont Airlines to designate Charlotte, North Carolina, as a gateway for nonstop air service to London, England, and Piedmont Airlines as the carrier to operate trans- atlantic flights on this route, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1996. Sincerely, JMS:se Enc. Judith M. St. Clair Deputy City Clerk Room456 MunlclpalBuflding 215 Church Av,~que, S.W. Roonoke, Vtrglnla24011 (70~)981-2541 August 26, 1986 File #9-137 U. S. Department of Transportation Attention: Docket Section (Docket No. 400 7th Street, S. W. Washington, D. C. 20590 44200) Gentlemen: I am enclosing copy of Resolution No. 28323, endorsing the appli- cation of Piedmont Airlines to designate Charlotte, North Carolina, as a gateway for nonstop air service to London, England, and Piedmont Airlines as the carrier to operate trans- atlantic flights on this route, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, JMS:se Enc. Judith M. St. Clair Deputy City Clerk Room456 MunicipolBuildlng 215 Church Av~que, S.W. Roonoke, VIrgtnla24011 (703)981-2541 Or, ce of the City C~en~ August 26, 1986 File #9-137 Mr. Jack C. Smith Chairman Airport Advisory Commission 14 West Kirk Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Smith: I am enclosing copy of Resolution No. 28323, endorsin~ the appli- cation of Piedmont Airlines to designate Charlotte, North Carolina, as a gateway for nonstop air service to London, England, and Piedmont Airlines as the carrier to operate trans- atlantic flights on this route, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, JMS:se Enc. Judith M. St. Clair Deputy City Clerk Room 456 Municipal Building 215 C~urch Avenue, S.W. Roanoke, '~rginia 24~11 (703) 981-2541 Office of the 0~/Oe~ August 26, 1986 File #9-137 Mr. H. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 28323, enOorsing the appli- cation of Piedmont Airlines to designate Charlotte, North Carolina, as a gateway for nonstop air service to London, England, and Piedmont Airlines as the carrier to operate trans- atlantic flights on tllis route, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Si ncerel y, JMS:se Enc. CC: Judith Il. St. Clair Deputy City Clerk Mr. Hilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director of Utilities and Mr. Robert C. Poole, Manager, Airport Operations Room4.56 MunldpalBullding 215Q~urchAve~ue, S.W. Roanoke, Vlrglnla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28323. A RESOLUTION endorsing the application of Piedmont Airlines to designate Charlotte, North Carolina, as a §ateway for nonstop air service to London, England, and Piedmont Airlines as the carrier to operate transatlantic flights on this route. WHEREAS, Piedmont Airlines and the City of Charlotte, North Carolina. have asked the United States Department of Transpor- tation to designate Charlotte, North Carolina, as a gateway for nonstop service to London, England, and Piedmont Airlines as the carrier to operate transatlantic flights on this route; and WHEREAS, this transatlantic service from Charlotte, North Carolina, would be of great benefit to the entire southeastern United States, including the Roanoke Valley and would provide the Roanoke Valley with one-stop jet service to Europe; and WHEREAS, this Council desires to express its approval of said application. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby expresses its approval and sup- port of the application by Piedmont Airlines and the City of Charlotte, North Carolina, to the United States Department of Transportation to designate Charlotte as a gateway for nonstop service to London, England, and Piedmont Airlines as the carrier to operate transatlantic flights on such routes. BE IT FURTHER RESOLVED that the Office of the City Attorney is authorized as deemed appropriate to intervene in the pro- ceeding relating to this matter before the Department of Transportation. BE IT FINALLY RESOLVED that the Clerk is directed to forward a copy of this resolution to the Honorable John W. Warner, the Honorable Paul S. Trible, Jr., the ~onorable Jim Olin, William R. Howard, President, Piedmont Airlines, Don MeGuire, Staff Vice President - Public Affairs, Piedmont Airlines, and the United States Department of Transportation. A~rEST: City Clerk. Roanoke, Virginia '86 ii~2~] ~i][}~,', August 25, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Air Service Route Endorsement to London, England The attached letter from Piedmont Airlines was received August 18, 1986. One stop jet service from Roanoke to London would be a tremendous asset to the Roanoke Valley and other adjacent localities using Roanoke Regional Airport. Piedmont Airlines can provide that service if that airline is successful in competing against other airlines for the route designation out of Charlotte, North Carolina. Other airlines, reportedly including American Airlines and Delta Airlines, are competing for this route. I believe these airlines already have access to a route to Europe. Piedmont Airlines provides jet service from Roanoke to Charlotte and can provide our citizens one-stop jet service to England. This is to recommend that Council send a resolution of support of Piedmont Airlines' request to the Federal Department of Transportation, with copies to our elected Federal Representatives. This is to further recommend that the City Attorney be authorized to intervene in the proceeding before the Department of Transportation on behalf of Piedmont Airlines, as is appropriate, to serve the air traffic needs of our citizens. Page 2 Respectful ly submi~b~ed, · W. Robert Herbert City Manager WRH:KBK:afm Attachment cc: The Honorable John Warner The Honorable Paul S. Trible, Jr. The Honorable Jim Olin William R. Howard, President, Piedmont Airlines Members, Airport Advisory Commission Airport Manager William R. Howard President and Chief Executive Officer August 12, 1986 PIEDMONT AIRLINES ONE PIEDMONT PLAZA WINSTON-SALEM, NC 27156-1000 Mr. W. Robert Herbert City Manager 215 W. Church Avenue Roanoke, VA 24011 Dear Mr. Herbert: Piedmont Airlines and the city of Charlotte, N.C., have asked the U.S. Department of Transportation to designate Charlotte as a gateway for nonstop service to London, England, and Piedmont as the carrier to operate transatlantic flights on the route. These flights would begin in mid-1987. During the past decade, at least six states along the Atlantic Seaboard have enjoyed the economic advantages of nonstop Jet service to Europe. These international gateways are primarily in the Northeast, with service also at Delles International Airport near Washington, D.C., Atlanta and points in Florida. This has left much of the Southeast without the competitive edge of convenient international travel and trade -- a situation that Piedmont plans to remedy with our flights to London next year. But wa need your help to succeed. Unlike route expansions in the United States, new transatlantic routes must have government approval. One of the best ways to achieve this approval is for community leaders such as yourself to write the Department of Transportation in support of the proposed new service. We hope you will. Please review the attached brochure and think of ways that Piedmont's new service would benefit your community and travelers from Roanoke Regional Airport. Then please, include these thoughts in letters to the U.S. Department of Transportation, your U.S. Senators and your Congressman -- and mail copies to Piedmont's Public Affairs Department (see brochure for addresses). Your correspondence must be received by the government by August 22 to become part of the official proceeding. Together wa can make a strong case for how Piedmont's new wide-body service to London will not only help travelers from Virginia, but will have an economic impact that can only help your community prosper. Wl{H/kbl Very truly yours, ~ill:l.am R. Howard August 28, 1986 File #502 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 28325, authorizing the acceptance of Grant No. 86-A6400 made to the City of Roanoke by the State Department of Criminal Justice Services for a Victim/Witness/Juror Program, and authorizing the execution and filing by you of the conditions of the grant and other grant documents, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, JMS:se Eric. CC: Judith M. St. Clair Deputy City Clerk Mr. Ronald L. Bell, Division Director/Administration, Virginia Department of Criminal Justice Services, 805 East Broad Street, Richmond, Virginia 23219 Mr. Donald S. Caldwell, Commonwealth's Attorney Ms. Jane P. Renick, Victim/Witness/Juror Coordinator Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. M. David Hooper, Chief of Police and Room456 MuniclpalBulldlng 215(]'~rchAve~ue, S,W, Roanoke, Vlrglnla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 25th day of August, 1986. VIRGINIA, 5A9 No. 28325. A RESOLUTION authorizing the acceptance of Grant No. 86-A6400 made to the City of Roanoke by the State Department of Criminal Justice Services for a Victim/Witness/Juror Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City of Roanoke hereby accepts the offer made by the State Department of Criminal Justice Services of Grant No. 86-A6400 in the total amount of $34,980.00 for Fiscal Year 86-87 for a Victim/Witness/Juror Program. 2. The local cash match for Fiscal Year 86-87 shall be the amount of $2,430.00, plus a salary supplement of $4,145.0U. 3. The City Manager or the Assistant City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of Grant No. 86-A6400. 4. The City Manager or the Assistant City Manager is further directed to furnish such additional information as may be required by the Department of Criminal neetion with the City's acceptance of such project. Justice Services in con- the foregoing grant or with ATTEST: City Clerk. August 28, 1986 File #60-502 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: · I am attaching copy of Ordinance No. 28324, amending and reor- daining certain sections of the 1986-87 General and Grant Funds Appropriations, to provide for the appropriation of $32,550.00 and transfer of $6,575.00 in connection with acceptance of the Victim/Witness Assistance Program Grant, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, JMS:se Enc. cc: Judith M. St. Clair Deputy City Clerk Mr. Ronald L. Bell, Division Director/Administration, Virginia Department of Criminal Justice Services, 805 East Broad Street, Richmond, Virginia 23219 Mr. Donald S. Caldwell, Commonwealth's Attorney Ms. Jane P. Renick, Victim/Witness/Juror Coordinator Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. M. David Hooper, Chief of Police P, oom456 MunlclpalBulldlng 215Chu~hAve~ue, S.W.l~:~m~,~e,~g~lo24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28324. AN ORDINANCE to amend and reordain certain sections of the 1986-87 General and Grant Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain seetions of the 1986-87 Generaiand Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund A ' ppropriations Non-Departmental Transfers to Other Funds (1) ..................... Judicial Administration Com~nonwealth Attorney (2) ........................ Grant Fund Appropriations Victim Witness Grant 86-87 Revenue Victim Witness Grant 86-87 (3-7) ................... $ (8-9) ................... $ $8,627,110 8,389,533 2,327,634 490,509 39,125 39,125 (1) Transfer to Grant Fund (2) Transfer to Grant Fund (3) Regular Employee Salaries (4) Fees for Professional Services (5) Training and Dev. (6) Expendable Equipment (7) Admin. Supplies (8) State Grant Receipts (9) Local Match (001-004-9310-9536) (001-026-2210-9536) (035-026-5110-1002) (035-026-5110-2010) (035-026-5110-2044) (035-026-5110-2035) (035-026-5110-2030) (035-035-1234-7012) (035-035-1234-7013) $ 6,575 6,575) 31,274 62 1,568 1,685 4,536 32,550 6,575 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia August 25, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: I concur with the request of the Commonwealth's Attorney's office in the acceptance of a Victim/Witness/Juror Assistance Program grant for the third consecutive year. WRH:GCS:gs W. Robert Herbert City Manager DONALD S. CALDWELL COMMONWEALTH'S ATTORNEY GoMMONWEALT!4- R6 IN 14- CITY OF ROANOKE OFFICE OF THE COMMONWEALTH'S ATTORNEY 315 CHURCH AVENUE August 25, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: I. Background Subject: Acceptance of Victim/Witness Assistance Program Grant Be Victim/Witness Juror Program is designed to recognize and address the needs of victims and witnesses in the Roanoke City Criminal Justice System and to continue the commitment for citizen support. Roanoke City Victim/Witness/Juror Assistance Committeo (RCVWJ) was formed in the fall of 1982, by Judges and Clerks of Circuit, General District and Juvenile Courts, Commonwealth's Attorney, City Sheriff, Chief Magistrate, Chief of Police, Director of Administration and Public Safety, and Roanoke Bar Association. Victim/Witness Juror Program was developed and utilized volunteers in the court system to provide services to support the needs of victims, witnesses and jurors. The RCVWJ Committee submitted the program to the State with a request for full payment funding. A start-up grant (#85A6252) was issued on July 1, 1984, in the amount of $16,202 for FY 84-85 subject to propor- tional annual funding to be approved each year. City Council accepted the start-up grant in September, 1984 and hired a full-time program coordinator in October, 1984. City Council accepted the second year of the Victim/Witness Assistance Program grant (#86A6292) in September, 1985 and appropriated $2,430 for FY 85-86 as the City's first year proportional share of the grant subject to the terms of the original agreement (15% of $16,202). Members of Council · Subject: Acceptance of Victim/Witness Assistance Program Grant August 25, 1986 Page 2 II. In October, 1985, the City Manager approved the new classification of the victim/witness coordinator's position at a pay grade 09 and the full-time coordinator received a salary increase of $3,108. The additional expense of this salary increase was transferred from the Commonwealth Attorney's FY 85-86 budget to the Victim-Witness Grant budget. H. In May, 1986, a request for a new grant was submitted by the Victim- Witness Coordinator when additional State funds became available. Current Situation mo The Victim/Witness/Juror Pro~rmm has been awarded a one year, one time, $34,980 grant (#86A6400) for FY 86-87 which includes a request of local cash match of $2,430. The Victim/Witness/Juror Pro~rmm continues to opera~e.withv.a~£Ullrtime coordinator. Duties have expanded and increasingly greater contact has been made with persons in need of program services. A summary of FY 84-85 and FY 85-86 contacts document this increase in services (see Attachment A). III. Issues The Victim/Witness/Juror Program is coordinated by the Office of the Commonwealth's Attorney and this office's FY 86-87 budget as approved by City Council included a local cash match grant fund of $6,575 (appropriated as outlined in Attachment B). A. Services B. Costs IV. Alternatives Accept the Victim/Witness/Juror Grant #86A6400 for $34,980 with Roanoke City paying $2,430 as a local cash match and $4,145 as a salary supplement. 1. Services Present level of services and contacts would be maintained for victims and witnesses in General District Court. A part-time Victim/Witness Advocate would be employed to provide the same services for Juvenile & Domestic Relations District Court. Members of Council · Subject: Acceptance of Victim/Witness Assistance Program Grant August 25, 1986 Page 3 Bo A computer terminal would be purchasedto tie the existing systems in General District and Circuit Court to the Commonwealth Attorney's Office and the Victim Assistance Office offering faster access to case information. 2. Costs Cost to the City for Grant #86A6400 would be $2,430 as a local cash match and $4,145 as a salary supplement for the Coordinator. City Council not accept the Victim/Witness/Juror Grant #86A6400 in the amount of $34,980 nor fund the local cash match of $2,430 or salary supplement of $4,145 for FY 86-87. Services such as those below would be greatly curtailed or not provided if the grant is not accepted. mo Providing felony victims and witnesses with a letter and educational brochure familiarizing them with the court system, procedures and terminology before their court appearance. bo Notifying the victims and witnesses of the status of pending cases thereby decreasing the number of unnecessary trips made to court and helping the victims and witnesses feel informed and a part of the criminal justice process. Providing police officers with case status information and organizing their cases so that they are heard consecutively, thus eliminating unnecessary and costly overtime charges. Assisting victims in securing court ordered restitution payments. Making victims aware of the Virginia Crime Compensation Fund and assisting them in completing the application process. Provide referrals to other agencies which can help victims address their non-criminal justice needs. Accompany victims and witnesses to court proceedings to reduce their fears and anxieties regarding court appearances. ho Intercede with employers and school officials when victims and witnesses have difficulties securing time off. Assist sexual assault victims in having forensic medical bills paid by the court system. Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant August 25, 1986 Page 4 Assist probation and parole officers in the preparation of Victim Impact Statements which are presented to the judge at the defendant's sentencing. Provide "counseling" and crisis intervention to crime victims and witnesses. Arrange for transportation to court for those victims and witnesses who have special needs. Provide public relations information in the form of courthouse tours, programs and lectures about the crimnal justice system and victimology. 2. Costs would not be an issue. Recommendations City Council to concur with Alternative A, which would allow for the acceptance of, and participation in the Department of Criminal Jnstice Services Grant #86A6400 for the Victim/Witness/Juror Assistance Program in the amount of $34,980, with the City providing a local cash match of $2,430 and salary supplement of $4,145 from the monies provided in the Commonwealth Attorney's FY 86-87 budget for a total program cost of $39,125. Authorize the City Manager to sign and execute all appropriate documents to obtain Grant #86A6400. Co Appropriate $32,550 in state grant funds and transfer $6,575 in local matching funds from General Fund account 001-026-2210-9536 to the Grant Fund into accounts to be established by the Director of Finance. Respectfully submitted, DSC:btw pc: City Manager City Attorney Director of Finance Director of Administration & Public Safety Victim/Witness/Juror Coordinator Donald S. Caldwell Commonwealth's Attorney VICTIM-WITNESS ASSISTANCE PROGRAM SERVICE SUMMARY SERVICE 1. Case Disposition & Case Status Information 2. Intercession with Schools or Employers 3. Victim Counsel Sessions 4. Referral to Crime Compensation Fund 5. Restitution Payment Assistance 6. Contacts in Person or by Phone to Educate Persons to the Criminal Justice System 7. Introductory Brochures Mailed 8. Total Victims Contacted 9. Total Witnesses Contacted 10. Police Contacts for Case Information 11. Volunteer Hours Served FY 84-85 556 12 14 24 71 662 51 982 554 66 826 FY 85-86 1,063 17 56 84 218 1,406 607 2,245 1,464 157 926 ATTACHMENT A LOCAL CASH MATCH GRANT FUND FY 84-85 FY 85-86 FY 86-86 DCJS GRANT $16,202 (100%) $13,772 (85%) $32,550 (93%) LOCAL CASH MATCH $2,430 (15%) $2,430 (7%) LOCAL SUPPLEMENT $3,108.00 $4,145.00 TOTAL $16,202 $19,310 $39,125 JUSTICE SERVICES BOARD COMMONWEALTH o[ VIRt INIA Department of Criminal Justice Services 805 EAST BROAD STREET RICHMOND, VIRGINIA 23219 (6O4) 788-4000 iqr. Robert Herbert CiCy Hanager City of Roanoke 215 ~. Church Avenue, Roanoke, VA 24016 Dear Mr. Herbert: July 1, 1986 RICHARD N. HARRIS RE: Grant Number: 86-A6400 Revision The attached revised Statement of Grant Award/Acceptance reflects the addition of the local cash match contribution to the Victim-Witness Assistance program. The approved amount of $24,413.00 DCJS Block; $8,137.00 General Fund; $2,430.00 Local Hatch; and $34,980.00 Total Program is the correct awarded amount. The Statement of Grant Award/Acceptance should replace the one sent you on June 19, 1986. If you have questions please contact me. Ronald L. Bell Division Director/ Administration 01/vn Enclosure CC: Ms. Jane P. Renick Mr. Joel M. Schlanger Ms. Handle M. Patterson, DCJS Mr. James T. Roberts, DCJS S-2r585 COMMONWEALTH OF VIRGINIA Department of Criminal Justice Services 805 East Broad Street Richmond, Virgi T[~~nia 23219 CITY OF ROANOKE I: 07/86 _ THROUGH:__ 06/8~7 Jane p. Renick _E: IComm. Atty's. Office eo, STATEMENT OF GRANT AWARD/ACCEPTANCE VICTIM WITNESS REVISED 7/86 GRANT NO.: 86-A6400 DATE: PAYME~ · wuar~er/y _ 2 Py~.- $8,137.00 ea.; 2 Pyts. @ $8,138.00 ea. Robert Herbert ger ye., S~ Joel M. Schlanger nance E NO.: .............. l' DCJ ET CATEGORY AMOUNT CASH MATCH OTHER MATCH FOTALS UPP - - 1, THER EXPENSES ,580 526__ ~,430 536 OTALS $24,413 $8,137 $2,430 $34,980 IS GRANT IS SUBJECT TO ALL RULES, REGULATIONS, AND C INT APPLICATION AND THE GENERAL AND SPEC .R,_ITERIA INCLUDED IN THE IAL CONDITIONs ATT/~CHED HERETO. SIGNATUJ~E OF AUTHORIZED OFFICIAL RICHARD N. HARRIS, DIRECTOR -he undersigned, having received the Notice of Grant Award and the conditions ~ttac~ed thereto, does hereby accept this grant and agree t~ the conditions ~ertaining thereto, this day of , 19 Signature Title Off~ce o~ ~e (~5, August 28, 1986 File #207-450 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28327, authorizing the exe- cution of a contract wit~ Mattern and Craig for the provision of certain engineering services relating to the extension of Blue Hills Drive, N. E., and certain improvements to be made in the RoanoKe Centre for Industry and Technology, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Si ncerel y, JMS:se Enc. cc: Judith M. St. Clair Deputy City Clerk Mattern and Craig, Consulting Engineers, 707 South Jefferson Street, Roanoke, Virginia 24011 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Robert K. Bengtson, Traffic Engineer Mrs. Delores Irving, Construction Cost Technician Mr. Brian J. Wishneff, Chief of Economic Development and Grants Room 456 Municipal Building 215 G'~urch Avenue, S.W. Roclno~e, ~rglnla 24011 (703) 981-254~1 5A10 IN 'l%qE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28327. AN ORDINANCE authorizing, the execution of a contract with Mattern and Craig for the provision of certain engineering ser- vices relating to the extension of Blue Hills Drive, N.E., and certain improvements to be made in the Roanoke Centre for Industry and Technology; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, a contract with Mattern and Craig for the provision by such firm of certain engineering ser- vices relating to the extension of Blue Hills Drive, N.E., and for certain improvements to be made within the Roanoke Centre for Industry and Technology; such contract to be in the form of an engineering services reimbursement contract with a cost ceiling of $152,000.00 and to be subject to those terms and conditions set out and described in the City Manager's report to Council dated August 25, 1986; such contract to be approved as to form by the City Attorney. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. August 28, 1986 File #60-207-450 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Oroinance No. 28326, amending and reor- daining certain sections of the 1986-87 Capital Projects Fund Appropriations, to provide for the transfer of funds in connec- tion with continuation of a roadway system at the Roanoke Centre for Industry and Technology, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Si ncerely, Judith M. St. Clair Deputy City C~erk JMS:se Enc. cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer ~r. Robert K. Bengtson, Traffic Engineer Mrs. Delores Irving, Construction Cost Technician Mr. Brian J. Wishneff, Chief of Economic Development and Grants Room 456 Municipal Building 215 O~urch Av~'~ue, S.W. Roonc~e, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28326. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Capital Projects 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 c'ertain sections of the 1986-87 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations General Government $10,794,768 Economic Development 5 yr. Capital Project (1) 1 Roadway System at RCIT (2) ....................... 152,000 Fund Balance Fund Balance - Unappropriated (3) .................. (1) Appr. from Gen. Revenue (2) Appr. from Gen. Revenue (3) Fund Balance - Unappropriated (A-008-002-9504-9003) ( 34,028 (A-008-052-9512-9003) 152,000 (X-008-3325) ( 117,972 2,345,774 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 21 Roanoke, Virginia August 25, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Continuation of a Roadway System at the Roanoke Centre for Industry and Technology I. Back~round Orvis Company~ Inc. and Advance Stores Company, Inc. both plan to locate facilities in the Roanoke Centre for Industry and Technology, requiring 1,O00-foot and 2,500-foot exten- sions, respectively, of the existing Blue Hills Drive, N.E. B. Engineering design and services for the roadway and related utilities are needed. II. Current situation is that Engineering Services Qualification Proposals for the project were publicly advertised on July 20, 1986, and received on July 31, 1986, from: * Brightwaters Engineering * Draper Aden Associates * Hayes, Seay, Mattern and Mattern * Mattern and Craig * Olver Incorporated A. Selection of the firm for consideration was based on the following criteria: 1. Qualification of personnel 2. Time available to meet schedule 3. Experience in designing roadways and utility systems 4. Ability to produce project on time 5. Local accessibility for project coordination and cooperation Page 2 III. 6. Response to request for proposal 7. Past record with City of Roanoke Interviews were held with three of the five firms that sub- mitted proposals as they were deemed qualified. Staff team included Charles M. Huffine, City Engineer; Robert K. Bengtson, Traffic Engineer; L. Bane Coburn, Engineer; and Versal R. Dearing, Design Draftsman. Negotiations were conducted with that engineering firm felt to be most qualified (Mattern and Craig) for the project requirements. Scope of work to be performed includes restricted system storm drain design, sanitary sewer and water facilities, retention basins, street improvements, lighting, grading and site design, landscaping, topographic surveys, and plats. Issues in evaluating the proposal and awarding a contract to a firm known to be qualified are: A. Inclusion of proper work scope. B. Ability to meet time schedules. C. Reasonableness of fee. D. Availability of fundinR. IV. Alternatives for providing the necessary work are: Award an engineering services reimbursement with a cost ceilin~ contract to Mattern and Craig in an amount not to exceed $152,000.00. 1. Inclusion of proper work scope has been reviewed and verified. 2. Ability to meet time schedule has been demonstrated and firm is ready to begin immediately. Reasonableness of fee has been established through "cost ceiling". Mattern and Craig has set a cost ceiling in their proposal of $152,000.00. This fee is 6.9% of the total estimated project cost of $2~288,500.00 which is in line with accepted engineering standards. 4. Availability of funding exists in: Page 3 a) b) Economic Development 5-Year Capital Program Account No. 008-002-9504-0020 in the amount of .~.34,028.00. Undesignated Capital Funds in the amount of $117,972.00. Industrial Access Road Funds that could potentially be received from the State include reimbursement for some of these engineering fees, which are generally calculated at 10% of the roadway construction costs that are eligible for reimbursement. Do not award an engineering services reimbursement with :, cost ceiling contract to Mattern and Craig in an amount not to exceed $152,000.00. 1. Inclusion of proper work scope would have to be deferred to the City or other consultants. Ability to meet time schedule would be jeopardized, further jeopardizing time schedule Orvis Company, Inc. has set for completing their facility. 3. Reasonableness of fee cannot be assured. Availability of funding remains in the Economic Development 5-Year Capital Program Account No. 008-002-9504-0020 and in the Undesignated Capital Funds. V. Recommendation is that the City: Award an engineering services reimbursement with a cost ceiling contract in a form approved by the City Attorney to Mattern and Craig in an amount not to exceed $152,000.00. Initial efforts will be related to the Orvis Project, and additional services will not be authorized until the details of the Advance Auto development are firm. Transfer funding for the contract in the amounts of: 1. $34,028.00 from Economic Development 5-Year Capital Program Account No. 008-002-9504-0020 2. $117,972.00 from Undesignated Capital Funds Page 4 to an account to be established by the Director of Finance for the Roadway System at Roanoke Centre for Industry and Technology. Respectfully submitted, W. Robert Herbert City Manager WRH:RKB:sef cc: Director of Finance City Attorney Director of Public Works City Engineer Office c~ the City Cle~ August 28, 1986 File #207-450 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. HerbeFt: I am attaching copy of Ordinance No. 28330, authorizing the exe- cution of an agreement with Joe Bandy & Son, Inc., for certain grading within t~e Roanoke Centre for Industry and Technology, ~hich Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Si ncer el y, JMS:se Enc. cc: Judith M. St. Clair Deputy City Clerk Joe Bandy & Son, Inc., 1000 Murray Road, S. W., Virginia 24014 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mrs. Delores Irving, Construction Cost Technician Mr. Brian J. Wishneff, Chief of Economic Development and Roanoke, Grants Room 456 Municipal Building 215 C~urch Av~que, $.W. Roonolc, e, Virginia 24011 (703) 981-2.~1.1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28330. AN ORDINANCE authorizing the execution of an agreement with Joe Bandy & Son, Inc., for certain grading within the Roanoke Centre for Industry and Technology; 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 are hereby authorized, for and on behalf of the City, to execute an agreement with Joe Bandy & Son, Inc., in the amount of $39,996.00, for cer- tain grading to be done within the Roanoke Centre for Industry and Technology, such agreement to be subject to those terms and condi- tions set out and described in the report to the City Manager dated August 25. 1986; such agreement shall be approved as to form by the City Attorney. 2. In order to provide for the usual cipal government, an emergency is deemed shall be in full force and effect upon daily operation of the muni- to exist, and this ordinance its passage. ATTEST: City Clerk. August 28, 1986 File #60-207-450 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Sch]anger: I am attaching copy of Ordinance No. 28329, amending and reor- dainin9 certain sections of the 1986-87 Capital Projects Fund Appropriations, to provide for the transfer of $39,996.00 in con- nection with the execution of an agreement for certain grading within the Roanoke Centre for Industry and Technology, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, JMS:se Eric. cc: Mr. Judit~ M. St. Clair Deputy City Clerk W. Robert Herbert, City Manager Mr. Wi]burn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mrs. Delores Irving, Construction Cost Technician Mr. Brian J. Wishneff, Chief of Economic Development and Grants Room456 MunlcipalBulldlng 215(~urchAve~ue,$.W. Roonoke, Vlrglnla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28329. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Capital Projects Fund Appropriations and providing for an emergency. WHEREAS, Government of exist. THEREFORE, BE IT ORDAINED by for the usual daily operation of the Municipal the City of Roanoke, an emergency is declared to the Council of the City of Roanoke that certain sections of the 1986-87 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations General Government $10,776,705 RCIT Site Preparation (1) ........................ 39,996 Fund Balance Fund Balance Unappropriated (2) .................... $ 2,305,778 (1) Approp. from General Revenues (A008-052-9506-9003) $ 39,996 (2) Fund Balance Unappropriated (X008-3325) (39,996) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia August 25, 1986 Honorable Mayor & Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Site Preparation - Roanoke Centre for Industry & Technology I. Background: City Council previously authorized Eastland Developers, Inc. to remove clay material from the Roanoke Centre for Industry & Technology to be used in the final closure of the former Statesman Park Landfill. Eastland contracted with Joe Bandy & Son, Inc. to remove the clay. Orvis, Inc. announced its intention to construct a fulfillmen( center in the Roanoke Centre for Industry & Technology. The site selected is the same location from which material is to be removed by Bandy for Eastland to cover the former Statesman Park Landfill. II. Current Situation: III. Joe Bandy & Son, Inc., has begun work on removing the clay material from the City's property. The contract for this work allows 9_90 days for completion. Orvis, Inc. has awarded its contract for building the fulfillment center. In order for Orvis's contractor to finish the building by May 1, 1987 date, they need to begin construction by September 15, 1986. Issues: A. Timin$ B. Cost C. Fundin~ D. Procurement Code Page 2 IV. Alternatives: me Authorize the City Manager to enter into an agreement with Joe Bandy & Son, Inc. which will insure that the clay removed from the City's property will be at the location of and within the time required to enable the Orvis development to proceed on schedule. Timing is critical since Bandy otherwise has up to 9--0 days to complete the landfill closure project, yet Orvis' contractor needs to begin work on the same site by September 15th. Cost has been negotiated at $39,996.00 for completing the building site preparation in approximately one-half the amount of time originally anticipated by the contractor. 3. Fundin~ is available in the Capital Funds earmarked for economzc development activities. Procurement would be a sole source procurement because Bandy is the only source practicably available for the needed excavation. Do not authorize the City Manager to enter into an agreement with Joe Bandy & Son, Inc. to insure that the clay removed from the City's property will be at the location of and within the time required to enable the Orvis development to proceed on schedule. Timing for the Orvis project to begin would be delayed for up to 6--0 days, which could seriously impact on the announced opening of May 1, 1987. Cost would not be incurred, but could be an even more significant impact from the delay in jobs created and taxes paid by the new development. 3. Funding would not be required. 4. Procurement. V. Recom~endation: City Council authorize the City Manager to enter into an agreement with Joe Bandy & Son, Inc. which will insure the completion of building site preparation for Orvis, Inc. at the Roanoke Centre for Industry & Technology on a schedule required by this major new development. Page 3 City Council approve the transfer of $39,996.00 of unde- signated capital funds for economic development into a new account to be established by the Director of Finance for this purpose. W. Robert Herbert City Manager WRH/WFC/mm CC: City Attorney Director of Finance Director of Public Works City Engineer Chief of Economic Development August 26, 19~6 File #137-207-178 The Honorable Ronald Reagan President of the United States The White House Washington, D. C. 20500 Dear Mr. President: I am enclosing copy of Resolution No. 28331, relating to applica- tion of federal Davis-Bacon regulations to private construction projects on land purchased by the City with federal funds and later conveyed to a private party for economic development pur- poses, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Si ncerel y, JMS:se Enc. Judith M. St. Clair Deputy City Clerk Room456 MunlcipalBuilding 215 Church Avenue, S.W. Roanoke, Virglnla24011 (703)981-254~ August 26, 1986 File #137-207-178 The Honorable Edwin Meese, III Attorney General of the United States Department of Justice loth and Constitution Avenue, N. Washington, 0. C. 20530 Dear Mr. Meese: I am enclosing copy of Resolution No. 28331, relating to applica- tion of federal Davis-Bacon regulations to private construction projects on land purchased Dy the City with federal funds and later conveyed to a private party for economic development pur- poses, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, JMS:se Enc. Judith M. St. Clair Deputy City Clerk Room456 MunlclpalBuildlng 215 Church Avenue, S.W. Roanoke, ¥1rginla 24011 (703)981-254t Office c~ ~e City Clerk August 26, 1986 File #137-207-178 The Honorable William E. Brock Secretary U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 Dear Mr. Brock: I am enclosing copy of Resolution No. 28331, relating to applica- tion of federal Davis-Bacon regulations to private construction projects on land purchased by the City with federal funds and later conveyed to a private party for economic development pur- poses, which Resolution was adopted Dy the Council of the City of Roanoke at a regular meeting neid on Monday, August 25, 1986. Sincerely, JMS:se Enc. Judith M. St. Clair Deputy City Clerk Room 456 Municipol Building 215 C~urch A~ue, S.W. Roanoke, Virginia 2401'~ (703) 98t-254"1 Office of ~e Cl~y Oe~ August 26, 1986 File #137-207-178 The Honorable Samue! R. Pierce, Secretary U. S. Department of Housing and Orban Development 451 7th Street, S. W. 'Washington, D. C. 20410 Jr. Dear Mr. Pierce: I am enclosing copy of Resolution No. 28331, relating to applica- tion of federal Davis-Bacon regulations to private construction projects on land purchased by the City with federal funds and later conveyed to a private party for economic development pur- poses, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, JMS:se Enc. Judith M. St. Clair Deputy City Clerk Room 456 Municipal Building 215 Church Ave,"~ue, $.W. Roonoke, 'Virginia 2401 t (703) 981-2541 August 26, 1986 File #137-207-178 The Honorable dohn W. Warner United States Senator 421 Russell Senate Office Building Washington, D. C. 20510 Dear Senator Warner: I am enclosing copy of Resolution No. 28331, relating to applica- tion of federal Davis-Bacon regulations to private construction projects on land purchased by the City with federat funds and later conveyed to a private party for economic development pur- poses, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monoay, August 25, lg86. Sincerely, JMS:se Eric . Judith M. St. Clair Deputy City Clerk Room456 Mun~lpolBullding 215 Church Ave~ue, S.W. Roonoke, Vlrglnio24011 (703)98"1-2541 August 26, 1986 File #207-137-178 The Honorable Paul S. Trible, Jr. United States Senator 517 Hart Senate Office Building Washington, O. C. 20510 'Dear Senator Trible: I am enclosing copy of Resolution No. 28331, relating to applica- tion of federal Davis-Bacon regulations to private construction projects on land purchased by the City with federal funds and later conveyed to a private party for economic development pur- poses, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Si ncerely, JMS:se Enc. Judith M. St. Clair Deputy City Clerk Room 456 Municipal Building 215 Church A~nue, S.W. Roonc~,e, Virginia 24011 (703) 981-2541 Auyust 26, 1986 File #207-137-178 The Honorable James R. Olin United States Congressman 1207 Longworth House Office Builoing Washington, D. C. 20515 Dear Congressman Olin: I am enclosing copy of Resolution No.'R2 331, relating to applica- tion of federal Davis-Bacon regulations to private construction projects on land purchased by the City with federal funds and later conveyed to a private party for economic development pur- poses, which Resolution was adopted by the Council of the City of Roanoke at a regular mee~in§ held on Honday, August 25, 1986. Sincerely, JMS:se Eric. Judith M. St. Clair Deputy City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 2401 t (703) 981-2541 August 26, 1986 File #207-137-178 Mr. W. Robert Herbert City Hanager Roanoke, Virginia Dear Mr. HerOert: I am attaching copy of Resolution No. 28331, relating to applica- tion of federal Davis-Bacon regulations to private construction projects on land purchased by the City with federal funds and later conveyed to a private party for economic development pur- poses, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, JMS:se Enc, Juaith M. St. Clair Deputy City Clerk cc: Mr. Wilburn C. Dibting, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Brian J. Wishneff, Chief of Economic Development and Ms. Marie T. Pontius, Grants Monitoring Administrator Grants Room 456 Municipal Building 215 O~urch Avenue, S.W. Roonc~e, Virglnlo 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 25th day of August, 1986. VIRGINIA, No. 28331. A RESOLUTION relating to application of federal Davis-Bacon regu- lations to private construction projects on land purchased by the City with federal funds and later conveyed to a private party for economic development purposes. lar and several WHEREAS, portions of the land comprising Roanoke Centre for Indus- try and Technology were acquired with federal Community Development Block Grant .funds; WHEREAS, such lands were acquired by the City without any partieu- economic development project or any particular developer in mind, such lands were held by the City in an unimproved condition for years; WHEREAS, it is now proposed to convey such land to a private de- veloper or developers, and recent statements from the Department of Housing and Urban Development and the Department of Labor have caused concern that Davis-Bacon regulations might apply to private construc- tion on such private land even when no federal funds would be involved in such construction; WHEREAS, portions of Deanwood, Shaffers Crossing, Downtown East and Henry Street have been or are proposed to be acquired with federal Community Development Block Grant funds; WHEREAS, application of Davis-Bacon regulations, which require that workers on construction projects financed with federal funds be paid prevailing wages as determined by the Secretary of Labor, in- creases the project costs for private developers by two or three per- cent and makes City land being held for conveyance to private developer~ less attractive and competitive; WHEREAS, there is no question that Davis-Bacon regulations would apply when federal funds are directly involved in a construction pro- ject; and WHEREAS, Council desires to express its opposition with respect to application of Davis-Bacon regulations to the facts and circumstan- ces applicable to the City's economic development program; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke ~as follows: 1. This Council is firmly of the opinion that Davis-Bacon regu- lations should not apply to private construction on private land when the land was initially purchased by the City several years ago with no particular economic development project or developer in mind, re- tained by the City in an unimproved condition in one of the City's industrial development parks for several years and thereafter conveyed to a private developer for construction of an economic development project. 2. The Attorney General of the United States is urged to rule quickly that Davis-Bacon regulations would have no application to such factual situation. 3. The Clerk is directed to forward an attested copy of this resolution to the Honorable Ronald Reagan, President of the United States, the Honorable Edwin Meese, III, Attorney General of the United States, the Honorable William E. Brock, Secretary of Labor, the Honor- able Samuel R. Pierce, Jr., Secretary of Housing and Urban Development, the Honorable John W. Warner, S. Trible, Jr., United States Member of Congress. United States Senator, the Honorable Paul Senator, and the Honorable Jim Olin, ATTEST: City Clerk. Roanoke, Virginia August 25, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Resolution of Applicability of Davis-Bacon Regulations at the Roanoke Centre for Industry and Technology Background: Portions of the Roanoke Centre for Industry and TechnoloAy, as well as other economic development areas, such as Deanwood, Shaffer's Crossing, Downtown East, and Henry Street, have been or are proposed to be acquired with federal Corm~unity Development Block Grant funds. Be The U.S. Department of Labor has recently ruled, in another state, that any development on land acquired with federal funds, at any point in time, must follow all federal regulations, including Davis-Bacon wage determinations. Davis-Bacon regulations require localities to pay wage rates "not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor." In some cases this wage rate is higher than that which would apply if the subcontracts are bid in an unregulated environment. Davis-Bacon record keeping requirements can impose additional costs on the developer as well. Department of Labor's recent ruling could raise the total project costs for both the City of Roanoke and private developers as much as 2% to 3% due to differences between federally determined wage rates and those that actually prevail in the Roanoke labor market. Department of Housing and Urban Developmen! is concerned with this ruling, and the Justice Department may be asked to resolve the disagreement between the two agencies. IV. Recommendation: It is recommended that City Council adopt a resolution opposing the Department of Labor's decision that Davis-Bacon wage determinations apply for all projects where no federal funds are involved other than in the purchase of the land or where no federal funds are directly involved in construction, and imploring the Executive Branch of the federal government to resolve this issue expeditiously. R~ec t fully su~itted, W. Robert Herbert City Manager WRH:DE:mpf cc: City Attorney Director of Finance City Engineer Chief, Economic Development Grants Monitoring Administrator C)~flce ~ ~ O~ ~ July 31, 1986 File #60-24-79 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28332, amending and reor- daining certain sections of the 1986-87 General Fund Appropriation Ordinance, to provide for the appropriation of $11,500.00 to the Commissioner of Revenue's departmental budget with regard to changes in the current personal property tax system, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, JMS:se EFIC . Judith M. St. Clair Deputy City Clerk cc: Mr. Jerome S. Howard, Jr., Commissioner of Revenue Mr. Gordon E. Peters, City Treasurer Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 215 Church Avenue, $.W. Roanoke, Virginia 240'11 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28332. AN ORDINANCE to amend and reordain certain sections of the 1986-87 General Fund Appropriation Ordinance, 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 6ertain sections of'the 1986-87 General Fund Appro- priation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations General Government $6,622,157 Commissioner of Revenue (1 & 2) ................... 663,196 Non-Departmental 8,599,023 General Fund Contingency (3) ...................... 211,030 (1) Advertising (2) Management Services (3) Contingency (A001-022-1233-2015) $ 2,500 (A001-022-1233-7015) 9,000 (A001-002-9410-2199) (11,500) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk DATE: TO: FROM: SUBJECT: August 25, 1986 Honorable Mayor and Members of City Council Joel M. Schlanger and W. Robert Herbert Mandatory Filing Date for Personal Property Taxes I. Background A. The present procedures of filing personal property taxes were established in 1978. Personal property owned by the citizens of Roanoke City for the current year is processed in the following manner as shown in Exhibit A on page 8. January 1 - Personal property taxes are assessed by the Commissioner of Revenue for the current year for property owned as of this date. March 1 - Optional filing date for taxpayers to file and receive a bill for personal property taxes. The Code of the City of Roanoke, Section 32-108, states that there is no penalty assessed provzded the taxpayer files and pays taxes before May 31. Honorable Mayor and Members of City Council Page 2 August 25, 1986 April 1 Personal property tax bills for tax- payers who have filed returns before March 1 are printed by the City Treasurer's Office. 4. April 15 Personal property tax bills are mailed to those who filed and City decals go on sale. May 31 Due date and filing deadline -- after this date there is a 10% penalty on the amount owed to the City by the taxpayer for not filing; and an additional 10% penalty for not paying taxes by the due date. C. Personal property procedures for City of Salem and Roanoke County are shown in Exhibit B on page 9. II. Current Situation A new computer software program is being developed and implemented to facilitate efficiency in processing personal property tax assessments and payments. This system is being developed in three phases. Phase I To be operational by September, 1986. The Office of the Commissioner of Revenue has developed new filing forms. Instead of the previous blank filing forms that are sent to taxpayers, the Honorable Mayor and Members Page 3 August 25, 1986 of City Council new forms will include all previously filed informa- tion dealing with personal property identified by the taxpayer's social security number. If the per- sonal property information is correct for the cur- rent year, the taxpayer needs only to sign and re- turn the filing form verifying its correctness. Phase II To be operational by December, 1986. This phase will obtain the current personal property values through automated assessments. The ID number of the specific type of personal property (automobile) will be used to facilitate a computer scan to assess the tax value of that property. Previously, tax values were manually found in the current Blue Book in the Commissioner of Revenue's Office. Phase III To be operational by January, 1987. An accounts receivable system that will interface between the City Treasurer and the assessment pro- cess in the Commissioner of Revenue's Office. The Treasurer will receive, enter and retain information through computer files. This should provide im- proved operational efficiencies. Honorable Mayor and Members of City Council Page 4 August 25, 1986 III. Critical Concerns Inconvenience to taxpayers who did not pre-file and have to wait in the long lines at the offices of the Commissioner of Revenue and the City Treasurer during the week ending May 31. Lack of current data for the Director of Finance to estimate personal property tax receipts for the upcoming fiscal year budget that is adopted by May 15. IV. Recommendations A. It is recommended that a change in the current personal property tax system be made for the following reasons: 1. To benefit all taxpayers - those that file on the blank forms and those that do not file by March 1. 2. To improve the statistical information available for estimating personal property revenue. Honorable Mayor and Members of City Council Page 5 In the evaluation process it was determined that a mandatory filing date, effective January 1, 1987, would be the most viable solution to the critical concerns previously noted. The taxpayer will be required to file all personal property for the current calendar year by February 15. After this date, any taxpayer who has failed to file their personal property tax return will be assessed a penalty of 10% of the tax assessable on such return, for failure to file by the filing deadline. The taxpayer would then have until May 31 to file and pay their personal property taxes to avoid an additional penalty of 10% of the tax due for · failure to pay their taxes by the payment deadline. (Exhibit C) It is recommended that the Commissioner of Revenue be given the authority to grant filing extensions for personal property taxes. Extensions granted by the Commissioner of Revenue shall not exceed 60 days after the mandatory filing date of February 15 with the following provisions: Written requests for extension shall be submitted to the Office of the Commissioner of Revenue by February 15 of each tax year, · Payment of Personal Property taxes still required by May 31, and Honorable Mayor and Members of City Council Page 6 · Decals may not be purchased without proof that personal property tax has been paid. In order to minimize the effect of changing the filing pro- cedures and to inform taxpayers of the mandatory filing date, it is recommended that the City of Roanoke ensure that the taxpayers of the City of Roanoke fully understand the new requirements through an active advertising program. (Exhibit D) · Additional cost for advertising filing date, and additional postage for fiscal year 1986-87 $11,500 · Annual recurring cost for additional postage (first class mailing of forms) 4,500 The attached budget ordinance provides for an appropriation of $11,500 to the Commissioner of Revenue's departmental budget for: · Additional monies for a seven day advertisement $ 500 in the Roanoke Times and World News to inform taxpayers of the new filing deadline · Public information such as brochures, posters, 2,000 and fliers to be distributed to public areas · Additional postage to send out a letter, mailed 4,500 first-class, to inform all taxpayers on record of the mandatory filing date Additional postage to send filing forms by first-class mail. This would provide for- warding of tax forms to the new address. 4,500 Honorable Mayor and Members of City Council Page 7 The second ordinance amends Sections 32-106 and 32-108, Code of the City of Roanoke (1950), as amended, to provide for penalties of ten percent for failing to file a return by February 15 or by the extended date established by the Commissioner of Revenue and for failure to pay the tax due by May 31; to provide for a mandatory filing date of February 15; and to authorize the Commissioner to grant time ex- tensions not to extend beyond April 15. We recommend the adoption of both ordinances to you. JMS:WRH:dp Attachments 0 ~0 0 0~ 0 0 0 o o o o O~¢e o~ ~e O~y Oed~ August 28, 1986 File #60-265-~3 ~ Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlaoger: I am attaching copy of Ordinance No. 28334, amending and reor- daining certain sections of the 1986-87 Grant Fund Appropriations, to provide for the appropriation of $8,060.00 in litter control grant funds, which Ordinance was adopteo by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. ' Sincerely, Judith M. St. Clair Deputy City Clerk JMS:se Eric o cc: Ms. Patricia Maurino, Executive Director, Clean Valley Council, p. O. Box 3320, Roanoke, Virginia 24015 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 215 O~urch Avenue, S.W. Roonc~e, VIr~lnla 24011 (703) 981-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28334. AN ORDINANCE to amend and reordain certain sections of the 1986-87 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 1986-87 Grant Fund Appro- priations be, and the same are hereby, amended and reordained, read as follows, in part: tO Appropriations Litter Control Grant 86-87 Revenue Litter Control Grant 86-87 (1) Fees for Prof. Services (2) State Grant Revenue (1) ........................ $ 8,060 (2) ........................ $ 8,060 (035-002-5114-2010) $8,060 (035-035-1234-7027) 8,060 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Attest: City Clerk. DEPARTMENT OFFINANCE CITY OF ROANOKE. VA. August 25, 1986 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Appropriation of 1986-87 Litter Control Grant Council approved Resolution No. 28096, April 14, 1986, designating the Clean Valley Committee, Inc. to develop a coordina- ted litter control program for the Roanoke Valley. The Committee was authorized to apply for certain grant funds from the Common- wealth of Virginia for the operation of the program. The application was approved in the amount of $8,060.00. Resolution No. 28096 provided for the immediate transfer of funds to the Clean Valley Committee upon receipt. I recommend the appropria- tion of $8,060 in litter control funds which were received in August, 1986, in order that these funds may be transferred to the Clean Valley Committee. JMS:dp ,~reh'tor of Financ~ Office cfi the 0~ Cl~k August 28, 1986 File #67 Construction Services of Roanoke, Inc. 6164 Burnham Road, S. W. Roanoke, Virginia 24018 Gentlemen: I am enclosing copy of Ordinance No. 28335, accepting your pro- posal, including Alternate No. ], for flood damage repair to the picnic shelter at Wasena Park, in the total amount of $60,415.00, tvhich Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, JMS:se Enc. CC: Judith M. St. Clair Deputy City Clerk Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mrs. Delores Irving, Construction Cost Technician Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Jimmie B. Layman, Manager, Parks and Recreation/Grounds Maintenance Mr. Barry L. Key, Manager, Budget and Systems Mr. David Dew, BuQget/Management Analyst Room 456 Municipal Building 215 Church Avenue, S.W. RoanoNe, Virginia 24011 (703) 981-2541 August 28, 1986 File #67 Building Specialists, Inc. Boxley Construction Company 215 South Market Street P. O. Box 8338 Salem, Virginia 24153 Roanoke, Virginia 24014 Gentlemen: I am enclosing, copy of Ordinance. No. 28335, accepting the pro- posal of Construction Services of Roanoke, Inc., including Alternate No. 1, for flooe damage repair to the picnic shelter at Wasena ParK, in the total amount of $60,415.00, which Ordinance was adopteo by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. On behalf of the Council, I would like to express appreciation to you for submitting your proposal for flood damage repair to the picnic shelter at Wasena Park. Si ncerel y, JMS:se Enc. Judith M. St. Clair Deputy City Clerk Room456 MuniclpalBullding 215Q~urchAv~que,$.W. Roonc~e, Vtrglnla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28335. AN ORDINANCE accepting the bid of Construction Services of Roanoke, Inc., for flood damage repair to the picnic shelter at Wasena Park, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to exe- cute the requisite contract for such work; rejecting all other bids made to the City for the work; and providin~ for an emergency. BE IT ORDAI}~ED by the Council of the City of Roanoke as follows: 1. The bid of Construction Services of Roanoke, Inc., including Alternate No. 1, in the total amount of $60,415.00, for flood damage repair to the picnic shelter at Wasena Fark, such bid being in full compliance with the City's plans and specifica- tions made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the suc- cessful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the afore- and the City Clerk is directed to express to each the City's appre- said work are hereby REJECTED, notify each such bidder and to ciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia August 25, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council Subject: Bid Committee Report Flood Damage Repair Brick Picnic Shelter Wasena Park Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. Respectfully submitS, // W. Robert Herbert City Manager WRH/LBC/mm Attachment: Bid Committee Report cc: City Manager City Attorney Director of Finance Director of Administration & Public Safety Director of Public Works Budget and Systems Construction Cost Technician Honorable Mayor and City Council Roanoke, Virginia Roanoke, Virginia August 25, 1986 Dear Members of Council: Subject: Bid Committee Report Flood Damage Repair Brick Picnic Shelter Wasena Park Roanoke, Virginia II. I. Background: City Council, at its July 28, 1986 meeting, publicly opened and read aloud, bids for Flood Damage Repair to the Brick Picnic Shelter in Wasena Park. B. Three bids were received for this project with construction Services of Roanoke, Inc. submitting the low bid of $64~415.00. Time of construction was listed as ninety (90) consecutive calendar days. C. Alternate 1 was for a conventional wood truss roof construc- tion. This was for a deduct amount of $4,000.00 and should be accepted. This would make the contract amount $60,415.00. D. The flood of November 4, 1985, destroyed the Wasena Picnic Shelter. This is a replacement for the original shelter. In addition, the new structure is being moved enough to raise it above the floodway and the plan of the toilets has been changed enough to accommodate the handicapped. The remainder of the shelter is the same as the original structure. Issues in order of importance are: A. Compliance of the bidders with the requirements of the contract documents. B. ~Amount of the low bid. C. FundinR of the project. D. Time of completion. Page 2 IV. III. Alternatives are: Award a lump sum contract in the amount of $60,415.00 and ninety (90) consecutive calendar days to Construction Services of Roanoke, Inc. to construct the Brick Picnic Shelter in Wasena Park according to the contract documents as prepared by the Office of City Engineer. 1. Compliance of the bidders with the requirements of the contract documents was met. Amount of the low bid is acceptable. The Corps of Engineers on December 1, 1985, estimated the cost of replacement at $24,751.00. On November 5, 1985, (the day after the flood) the Engineering Department completed a Damage Survey Report estimating the cost of replacement at $57~000.00. Fundin~ for this project is from Account Number 008 002 9574 9154 for the exact amount of the Contract (no contingency funding is established for the flood repair projects). Any change order required during the course of the project will be handled Administratively or by Council as required. 4. Time of completion is quoted as ninety (90) consecutive calendar days which is acceptable. Reject the bids and do not award a contract at thls time. 1. Compliance of the bidders with the requirements of the contract documents would not be an issue. 2. Amount of the low bid would probably increase if re-bid at a later date. 3. FundinG would not be encumbered at this time. 4. ~ime of completion would be extended. The park would remain without a picnic shelter. Recommendation is that City Council take the following action: A. ~oncur with the implementation of Alternative "A". B. Authorize the City Manager to enter into a contractural agreement with Construction Services of Roanoke, Inc. to construct the Brick Picnic Shelter in Wasena Park in accor- dance with the Contract Documents as prepared by the Office of City Engineer in the amount of $60,415.00 and ninety (90) consecutive calendar days. Page 3 Approve the encumberance of $60,415.00 in Account Number 008 002 9574 9154 for this project. Reject the other bids received. Respectfully submitted, William F. Clark George. Snead RAG/LBC/mm Attachment: Tabulation of Bids cc: City Manager City Attorney Director of Finance Director of Administration & Public Safety Director of Public Works Budget and Systems Construction Cost Technician TABULATION OF BIDS FLOOD DAMAGE REPAIR BRICK PICNIC SHELTER WASENA PARK ROANOKE, VIRGINIA Bids opened before City Council on Monday, July 28, 1986 at 2:00 p.m. BIDDER LUMP SUM BID BOND Construction Services of Roanoke, Inc. $64,415.00' YES Building Specialists, Inc. $69,500.00 YES Boxley Construction Co. $88,772.00 YES * Alternate 1 was for a less expensive roof framing system for a deduct from the base bid of $4,000.00. Total contract amount of .$60,415.00. Office of City Engineer Roanoke, Virginia July 30, 1986 Fi 1 e #67 Mr. Robert A. Garland, Chairman ) Mr. William F. Clark ) Committee Mr. George C. Snead, Jr. ) Gentlemen: The following bids for flood damage repair, brick picnic shelter in Wasena Parks were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986: BIDDER ~ASE BID Construction Services of Roanoke, Building Specialists, Inc. Boxley Construction Company Inc. $64,415.00 H9,500.00 88,772.00 On motion, duly referred to you Council. seconded and unanimously adopted, the bids were for tabulation, report and recommendation to Si ncer ely, Mary F. Parker, CMC City Clerk MFP:se CC: Construction Services of Roanoke, Inc., 6164 Burnham Road, S. W., Roanoke, Virginia 24018 Building Specialists, Inc., 215 South Market Street, Salem, Virginia 24153 Boxley Construction Company, P. O. Box 8338, Roanoke, Virginia 24014 Mr. Wilburn C. Dibling, Jr., City Attorney Room 456 MunJcJl:~al Building 215 Church Av~"~ue, S.W. Roonok~, VlrgJnio 24011 (703) 981-254t NOTICE: THE FILES REGARDING ORDINANCE NO. 28278-082586 AND NO. 28279-082586 ARE MISSING FROM AGENDA FOLDER. August 29, 1986 File #51 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am enclosing copy of Ordinance No. 28280, rezoning certain tracts of land identified as Official Tax Nos. 7240101 and 7280101, lying within the Roanoke Centre for Industry and Technology on the northerly side of U. S. Route 460, from AG, Agricultural District, to LM, Light Manufacturing District, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, August 11, 1986, also adopted by the Council on second reading on Monday, August 25, 1986, and will take effect ten days following the date of its second reading. Sincerely, JMS:se Enc. Judith M. St. Clair Oeputy City Clerk Room456 MunlcipalBuJldlng 215 Church Avenue, S.W. Roonoke, Vlrglnla24011 (703)981-2541 Mr. W. Robert Herbert Page 2 August 29, 1986 cc: Ms. Emma Reed Boxley, c/o Mrs. St. Julian Openhimer, 1219 Rothesay Circle, Richmond, Virginia 23221 Blue Hills Golf Corporation, P. O. Box 5242, Roanoke, Virginia 24012 Industrial Park Investors, Ltd. P. O. Box 8634, Roanoke, Virginia 24014 ' A. L. Chocklett, et al, 622 Huntington Boulevard, N. E. Roanoke, Virginia 24012 , Mr. Anderson Wade Douthat, 2920 Nicholas Avenue, N. E. Roanoke, Virginia 24012 , Mr. William C. DeWitt, 1840 Read Mountain Road Roanoke, Virginia 24012 , Mr. R. D. Peters, Route 2, Box 101-B 24127 , Ms. Patsy R. Esking, 2068 Denise Road 24012 , Mr Paul C. Shell, 2060 Denise Circle, N. Virginia 24012 Mr Herbert T. Lynch, 2050 Denise Circle E Roanoke, Virginia 24012 ' ', Mr Robert A. Sadler, 2044 Denise Circle, E Roanoke, Virginia 24012 ', Ms Sharon J. Calhoun, 2036 Denise Circle E Roanoke, Virginia 24012 ' ', Ms. Leslie Buckett, 2028 Denise Circle, N. Roanoke, Virginia 24012 Ms. Janet W. Peters, 2020 Denise Circle, N. E. Roanoke, Virginia 24012 , Mr. William E. LaMothe, 2012 Denise Circle, N. E Roanoke, Virginia 24012 ., Mr. James B. Wolfer, 2004 Denise Circle N. E Roanoke, Virginia 24012 ' ', Mr. James R. &lessard, 2001 Denise Circle, N. E., Roanoke, Virginia 24012 Ms. Elsie B. Trent 2041Broyles Lane, Roanoke, Virginia 24012 ' Mr. Paul C. Broyles, 1808 Ruritan Road, N. W Roanoke, Virginia 24012 ', Mr. William R. Painter, 2025 lOth Street, N W. Roanoke, Virginia 24012 · , Ms. Opal W. Snider, 1723 Read Mountain Road, Roanoke, Virginia 24012 Ms. Estelle S. Dewitt, 184U Read Mountain Road Roanoke, Virginia 24012 , Ms. Christine Wertz, 1846 Read Mountain Road, Roanoke, Virginia 24012 New Castle, Virginia Roanoke, Virginia E., Roanoke, N. N. N. E.~ Mr. W. Robert Herbert Page 3 August 29, 1986 cc: Mr. William H. Hicks, 4739 Old Mountain Road Roanoke, Virginia 24012 , Mr. Thomas W. Jones, 1540 Read Mountain Road, Roanoke, Virginia 24012 Mr. Richard G. Elmore, 4005 Chapparal Drive, S. W. Roanoke, Virginia 24012 ' Ms. Patricia Behmer, c/o Ms. Patricia Hale, 161 Lee Avenue, N. E., Roanoke, Virginia 24012 Hr. Alrick M. Gillespie, 820 Ridgecrest Circle, Roanoke, Virginia 24019 Mr. Robert L. Painter, 1554 Monterey Road N. E Roanoke, Virginia 24019 , -, Hr. Wayne C. Stanton, 4652 Horseman Avenue N. E., Roanoke Virginia 24019 , , Mr. Leroy A. Kelly, 1618 Read Mountain Road, Roanoke, Virginia 24019 Mr. Douglas A. Graybill, 1618 Read Mountain Road, Roanoke Virginia 24019 , Mr. Edward L. Kelley, 1630 Read Mountain Road Roanoke, Virginia 24019 , Mr. Alfred C. Altieri 1001Mattie Drive, Roanoke, Virginia 24012 ' Mr. Emmett Sherrill, 2034 Broyles Lane, N. E Roanoke, Virginia 24012 ', Mr. Alvin W. Fralin Route 1, Box 289, Roanoke, Virginia 24012 ' Fralin and Waldron, Inc. P. O. Box 4175, Roanoke, Virginia 24015 ' Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mrs. Susan S. Goode, Chairman, City Planning Commission Hrs. Martha p. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. D~bling, Jr., City Attorney IN THE COUNCIL OF THE CITy OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28280. AN ORDINANCE to amend §§36-3 and 36-4, Code (1979), as amended, and Sheet Nos. 724 and 728, Map, City of Roanoke, to of the City of Roanoke Sectional 1976 Zone 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 AG, Agricultural District, to LM, Light Manufacturing 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 11, 1986, at 7:30 p.m., after due and timely notice thereof as required by §36-541, 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 heariug, 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 §§36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 724 and 728 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as two parcels of land within the Roanoke Centre for Industry and Technology, designated on Sheet Nos. 724 and 728 of the Sectional 1976 Zone Map, City of ~oanoke, as Official Tax Nos. 7240101, and 7280101 be, and is hereby rezoned from AG, Agricultural District, to LM, Light Manufacturing District, and that Sheet Nos. 724 and 728 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission August 11, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Request from the City of Roanoke that certain tracts of land having Official Tax Map Numbers 7240101 and 7280101 and lying within the Roanoke Centre for Industry and Technology, be rezoned from AG, Agricultural District to LM, Light Manufacturing District. I. Backsround: Roanoke Centre for Industry and Technology was established in 1983. The Centre is zoned for light manufacturing use with the exception of the above noted parcels. Properties in question, through an oversight, were not included in previous rezoning requests which were pursued for the Centre. Properties are currently vacant. Future development plans for the Centre propose five (5) industrial sites on the properties. II. Current Situation: Plannin~ Commission held a public hearing on this matter on July 2, 1986. III. Issues: A. Zoning. B. Land use. C. Traffic. D. Utilities. Room 355 Municipal Building 215 Church Avenue, S.~,X Roanoke, Virginia 24011 (703) 981-2344 E. Neighborhood. F. Comprehensive Plan G. Timing. IV. Alternatives: A. Recommend approval of rezoning request. Zonin~ becomes LM, and is consistent with planned future development of the Centre for Industry and Technology. Land use potential is consistent with development plans for the Centre, and with existing development patterns in the surrounding area. City will maintain final approval of uses proposing to locate in the Centre. Traffic potential can be accommodated on Blue Hills Drive, which was designed for industrial traffic flows, and on Orange Avenue which is a major east-west commercial thoroughfare. Anticipated traffic volumes are less than would be associated with commercial or residential developments of the same size. Utilities are presently available and have been designed in anticipation of industrial development. Neighborhood issues were raised by several County residents who live near the property. Visual quality of the Centre and encroachment of industrial uses were two main concerns. The City Zoning Ordfnance's screening requirements and additional setback requirements included in the deed restrictions of the Centre will adequately protect adjoining residents. Surrounding City neighborhoods are business oriented and will benefit from the industrial development within the Centre. The Planning Commission did question the future development of the northern portion of proposed Lot 6. Serious consideration should be given to zoning the northern portion of Lot 6 to Agricultural because of its shape, topography and proximity to adjoining residences. Comprehensive Plan recommends that the City actively pursue continued economic growth; and specifically that the City protect the limited supply of industrial land; and initially focus efforts on completing existing developments such as the Centre for Industry and Technology. Timin~ is important to the City's ability to offer usable sites to prospective industries. Land should be zoned LM so that it can immediately be offered as an incentive to prospective industries. B. Recommend denial of rezoning request. 1. Zonin8 remains AG. Land purchased by the City for industrial development could not be used as such. 2. Land use is unchanged. 3. Traffic is unchanged. 4. Utilities are unchanged. 5. Neighborhood is unchanged. 6. Comprehensive Plan would not be followed. 7. Timin8 would not be a factor. Recommendations: By a vote of 6-0 (Mr. Price absent), the Planning Commission recommended approval of this rezoning request and also recommended that the area identified as 6A be studied in preparing the overall City zoning map during the Comprehensive Plan update. Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission SSG:JEM:mpf attachments cc: Assistant City Manager Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Petitioner VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE e. RE: REZONING OF PARCELS BEARING OFFICIAL TAX NOS. ) PETITION 7240101 AND 7280101 ) TO REZONE TO THE HONORABLE MA¥ORANDMEMBERS OF THE COUNCIL OFTHE CITY OF ROANOKE, VIRGINIA Havin8 been authorized and directed to do so by the Council of the City of Roanoke, the City Manager of the City of Roanoke respectfully files this Petition to Rezone pursuant to the provisions of the zonin8 resulations of the City and of the provisions of ~15.1-486 a__C seq., Code of Virginia (1950), as amended and would state the following: 1. The City of Roanoke is the owner of those certain tracts of land or parcels identified as Official Tax Nos. 7240101 and 7280101, lying within the Roanoke Centre for Industry and Technology, located on the northerly side of U.S. Route 460. 2. The parcels identified as Official Tax Nos. 7240101 and 7280101, as shown on Exhibit A, are zoned under the provisions of the City's zoning resulations as AG, Agricultural District. 3. Pursuant to the provisions of Article VII of the Chapter 36, Zoning, Code of the City of Roanoke (1979), as amended, the City requests that the subject property be rezoned LM, Light Manufacturing District. 4. The City requests this rezoning because the City has purchased and consolidated the sub3ect property for development as a part of the Roanoke Centre for Industry and Technology. 5. It is submitted that the rezoning of these parcels as requested will further the intent and purposes of the City's zonin$ re~ulations and its comprehensive plan. The present AG zoning is inappropriate for the subject parcels, given recent rezonings in the area, t~ideVelopment of a major industrial and technological complex by the Clt~ o~ land zoned LM to the south of the subject property, and the restrictive covenants which apply to all the land within the Centre. 6. Thm namme and addressee of the owners of the lots and parcels ~mm~diately adjacent to, opposite, and in the rear of the above- described property are attached hereto as Exhibit B. WH~RgYORE, the City of ROanoke requests that the subject parcel to be rezoned to LM, Light Manufacturing District, and that the City's zonin~ maps be amended accordingly. CITY OF ROANOKE Manager' 72~o~ol EXHIBIT B ADJOINING PROPERTY OWNERS ROANOKE CITY 7320101 7270101 7210101 7210103 7200106 7190605 7190604 7230201 7230301 Emma Reed Boxley c/o Mrs. St. Julian Openhimer Blue Hills Golf Corp. City of Roanoke Industrial Park Investors, Ltd. A. L. Chocklett, et al Anderson Wade Douthat 1219 Rothesay Circle Richmond, VA 23221 P.O. Box 5242 Roanoke, VA 24012 P.O. Box 8634 Roanoke, VA 24014 622 Huntington Blvd. NE Roanoke, VA 24012 2920 Nicholas Avenue, NE Roanoke, VA 24012 ROANOKE COUNTY 39.04-1-6 39.04-1-19 39.04-1-29 39.04-1-30 39.04-1-31 39.04-1-32 39.04-1-33 39.04-1-34 39.04-1-35 William C. DeWitt R. D. Peters Patsy R. Esking Paul C. Shell Herbert T. Lynch Robert A. Sadler Sharon J. Calhoun Leslie Buckett Janet W. Peters 1840 Read Mountain Road Roanoke, VA 24012 Route 2, Box IO1-B New Castle, VA 24127 2068 Denise Road Roanoke, VA 24012 2060 Denise Circle, NE Roanoke, VA 24012 2050 Denise Circle, NE Roanoke, VA 24012 2044 Denise Circle, NE Roanoke, VA 24012 2036 Denise Circle NE Roanoke, VA 24012 2028 Denise Circle, NE Roanoke, VA 24012 2020 Denise Circle, NE Roanoke, VA 24012 39.04-1-36 39.04-1-37 39.04-1-38 39.04-1-61 39.04-1-62 39.03-1-15 39.03-1-16 39.03-1-18 39.03-1-19 39.03-1-7 39.03-1-8 39.03-1~9 39.03-1-10 39.03-1-11 39.03-1-12 39.03-1-12.1 39.03-1-13 39.03-1-13.1 William E. LaMothe James B. Wolfer James R. Blessard Elsie B. Trent Paul C. Broyles William R. Painter Opal W. Snider Estelle S. Dewitt Christine Wertz William H. Hicks Thomas W. Jones Richard G. Elmore Patricia Behmer c/o Patricia Hale Alrick M. Gillespie Robert L. Painter Wayne C. Stanton Leroy A. Kelly Douglas A. Graybill 2012 Denise Circle, NE Roanoke, VA 24012 2004 Denise Circle, NE Roanoke, VA 24012 2001 Denise Circle, NE Roanoke, VA 24012 204i Broyles Lane Roanoke, VA 24012 1808 Rurttan Road Roanoke, VA 24012 2025 10th Street, NW Roanoke, VA 24012 1723 Read Mountain Road, NE Roanoke, VA 24012 1840 Read Mountain Road, NE Roanoke, VA 24012 1846 Read Mountain Road, NE Roanoke, VA 24012 4739 Old Mountain Road Roanoke, VA 24012 1540 Read Mountain Road, NE Roanoke, VA 24012 4005 Chapparal Drive, SW Roanoke, VA 24012 161 Lee Avenue, NE Roanoke, VA 24012 820 Ridgecrest Circle Roanoke, VA 24019 1554 Monterey Road, NE Roanoke, VA 24019 4652 Horseman Avenue, NE Roanoke, VA 24019 1618 Read Mountain Road Roanoke, VA 24019 1618 Read Mountain Road Roanoke, VA 24019 39.03-1-14 39.20-1-15 39.20-1-16 39.20-1-28 39.20-1-50 Edward L. Kelley Alfred C. Altieri Ermnett Sherrill Alvin W. Fralin Fralin and Waldron 1630 Read Mountain Road, NE Roanoke, VA 24019 1001 Mattie Drive Roanoke, VA 24012 2034 Broyles Lane, NE Roanoke, VA 24012 Route 1, Box 289 Roanoke, VA 24012 P.O. Box 4175 Roanoke, VA 24015 ROANOKE ~CENTRE F(~ INDUSTRY AND TEGHNOLOGY AC NUMBER - 7233712 PUBLIStlER'S FEE- ~60.4~ CITY [JF RCIAN©KE C/C MARY F PARKER CITY CLERKS OFFICE ROOM 456.. MUNIC IPAL BLDG R(, ANOKE VA 24011 '86 U ! -7 ST&TE OF VIRGINIA CITY OF EOANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDEFSIGNED! AN OFFICER OF TIMES-NOPLD CORPOFATIF]Nt WHICH COR- I)ORATION IS PUBLISHER OF THE ROANOKF TIMES & WORLD-NEWS; ~ DAILY NEWSPAPEg PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA,,, DO CERTIFY THAT THE ANNEXED NOTICE NAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 07/25/86 MOFNING 08/01/86 MORNING WITNESS, THI~) 4TH DAY ~F AUGU~ST 19e6 UFFICER'S SIGNATURE 0 I NOTICE OF I~J BLIC i,JlJAE Ik'~, NOrFICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, August 11, 1986, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning from AG, Agricultural District, to LM, Light Manufacturing District, the following property: Two parcels of land within the Roanoke Centre for Industry and Technology, designated as Official Tax Nos. 7240101 and 7280101. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest may appear on the above date the question. and be heard on GIVEN under my hand this 23rd day of July , 1986. Please publish in full twice, once on Friday, July 25, 1986, and once on Friday, August 1, 1986, in The Roanoke Times and World News, Morning Edition. Please send publisher's affidavit and bill Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 to: Mary F. Parker City Clerk Off~ce o~ the ~y ¢le~ August 5, 1986 File #51 Mr. Il. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert; I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of the City of Roanoke that certain tracts of land iden- tified as Official Tax Hos. 7240101 and 7280101, lying within the Roanoke Centre for Industry and Technology, located on the northerly side of U. S. Route 460, be rezoned from AG, Agricultural District, to LM, Light Manufacturing District. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6, 1981, a public hearing on the abovedescribed request h~s been set for Monday, August 11, 1986, 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 recommended rezoning, which were prepareo by the City Attorney's Office. Please review the Ordinance and if you ~ave any questions, you may contact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Room 456 Municipal Building 215 Church Avenue, S.W, Roanoke, Vlrginia 24011 (703) 981-254t Mr. W. Page 2 August Robert 5, 1986 Herbert CC: Ms. Emma Reed Boxley, c/o Mrs. St. Julian Openhimer, 1219 Rothesay Circle, Richmond, Virginia 23221 Blue Hills Golf Corporation, P. O. Box 5242, Roanoke, Virginia 24012 Industrial Park Investors, Ltd., P. O. Box 8634, Roanoke, Virginia 24014 A. L. Chocklett, et al, 622 Huntington Boulevard, N. E., Roanoke, Virginia 24012 Mr. Anderson Wade Douthat, 2920 Nicholas Avenue, N. E., Roanoke, Virginia 24012 Mr. William C. DeWitt, 1840 Read Mountain Road, Roanoke, Virginia 24012 Mr. R. D. Peters, Route 2, Box 101-B, 24127 Ms. Patsy R. Esking, 2068 Denise Road, 24012 Mr Paul C. Shell, 2060 Denise Circle, N. Virginia 24012 Mr Herbert T. Lynch, 2050 Denise Circle, Virginia 24012 Mr. Robert A. Sadler, 2044 Denise Circle, Virginia 24012 Ms. Sharon J. Calhoun, 2036 Denise Circle, Virginia 24012 Ms. Leslie Buckett, 2028 Denise Circle, N. Virginia 24012 Ms. Janet W. Peters, 2020 Denise Circle, N. Virginia 24012 Mr. William E. LaMothe, 2012 Denise Circle, Virginia 24012 Mr. James B. Wolfer, 2004 Denise Circle, N. Virginia 24012 Mr. James R. Blessard, 2001 Denise Circle, Virginia 24012 Ms. Elsie B. Trent, 2041Broyles 24012 Mr. Paul C. Broyles, 1808 Ruritan Virginia 24012 Mr. William R. Painter, 2025 lOth Virginia 24012 Ms. Opal W. Snider, 1723 Read Mountain Road, Roanoke, Virginia 24012 Ms. Estelle S. Dewitt, 1840 Read Mountain Road, Roanoke, Virginia 24012 Ms. Christine Wertz, 1846 Read Mountain Road, Roanoke, Virginia 24012 New Castle, Virginia Roanoke, Virginia E., Roanoke, N. E., Roanoke, N. E., Roanoke, N. E., Roanoke, E., Roanoke, E., Roanoke, N. E., Roanoke, E., Roanoke, N. E., Roanoke, Lane, Roanoke, Virginia Road, N. W., Roanoke, Street, N. W., Roanoke, Mr. W. Robert Herbert Page 3 August 5, 1986 cc: Mr. William H. Hicks, 4739 Old Mountain Road Roanoke Virginia 24012 ' , Mr. Thomas W. Jones, 1540 Read Mountain Road, Roanoke Virginia 24012 , Mr. Richard G. Elmore, 4005 Chapparal Drive S.W. Roanoke, Virginia 24012 ' ' Ms. Patricia Behmer, c/o Ms. Patricia Hale, 161 Lee Avenue N. E., Roanoke, Virginia 24012 ' Mr. Alrick M. Gillespie, 820 Ridgecrest Circle Roanoke Virginia 24019 , , Mr. Robert L. Painter, 1554 Monterey Road N. E. Roanoke Virginia 24019 ' , , Mr. Wayne C. Stanton, 4652 Horseman Avenue, N E. Roanoke Virginia 24019 ' ' , Mr. Leroy A. Kelly, 1618 Read Mountain Road, RoanoKe Virginia 24019 , Mr. Douglas A. Graybill, 1618 Read Mountain Road Roanoke Virginia 24019 , , Mr. Edward L. Kelley, 1630 Read Mountain Road Roanoke, Virginia 24019 ' Mr. Alfred C. Altieri 1001Mattie Drive, Roanoke Virginia 24012 ' , Mr. Emmett Sherrill, 2034 Broyles Lane, N. E. Roanoke Virginia 24012 ' , Mr. Alvin W. Fralin, Route 1 Box 289, Roanoke Virginia 24012 ' , Fralin and Waldron, Inc. P. O. Box 4175 Roanoke Virginia 24015 ' , , Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, p. O. Box 2569, Roanoke, Virginia 24010 Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha p. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING OF: '~6 ~ii~.~ '? Request from the City of Roanoke, represented by Mr. W. Robert Herbert, City Manager, to rezone two parcels of land, designated as Official Tax Nos. 7240101 and 7280101, said parcels being located within the Roanoke Centre for Industry and Technology on U.S. Route 460, from AG, Agricultural District to LM, Light Manufacturing District. COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary of the Roanoke City 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 23rd day of June, 1986, notices of a public hearing to be held on the 2nd day of July, 1986, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARC EL OWNER, AGENT OR OCCUPANT ADDRESS 7320101 Emma Reed Boxley c/o Mrs. St. Julian Openhimer 1219 Rothesay Circle Richmond, VA 23221 7270101 Blue Hills Golf Corp. P.O. Box 5242 Roanoke, VA 24012 7210101 7210103 7200106 City of Roanoke 7190605 Industrial Park Investors, Ltd. P.O. Box 8634 Roanoke, VA 24014 7190604 A. L. Chocklett, et al 622 Huntington Blvd. NE Roanoke, VA 24012 7230201 7230301 Anderson Wade Douthat 2920 Nicholas Avenue, NE Roanoke, VA 24012 39.04-1-6 39.04-1-19 39.04-1-29 39.04-1-30 William C. DeWitt R. D. Peters Patsy R. Esking Paul C. Shell 1840 Read Mountain Road Roanoke, VA 24012 Route 2, Box 101-B New Castle, VA 24127 2068 Denise Road Roanoke, VA 24012 2060 Denise Circle, NE Roanoke, VA 24012 39.04-1-31 Herbert T. Lynch 2050 Denise Circle, NE Roanoke, VA 24012 PARCEL 39.04-1-32 39.04-1-33 39.04-1-34 39.04-1-35 39.04-1-36 39.04-1-37 39.04-1-38 39.04-1-61 39.04-1-62 39.03-1-15 39.03-1-16 39.03-1-18 39.03-1-19 39.03-1-7 39.03-1-8 39.03-1-9 39.03-1-10 39.03-1-11 39.03-1-12 39.03-1-12.1 39.03-1-13 39.03-1-13.1 39.03-1-14 OWNER, AGENT OR OCCUPANT Robert A. Sadler Sharon J. Calhoun Leslie Buckett Janet W. Peters William E. LaMothe James B. Wolfer James R. Blessard Elsie B. Trent Paul C. Broyles William R. Painter Opal W. Snider Estelle S. Dewitt Christine Wertz William H. Hicks Thomas W. Jones Richard G. Elmore Patricia Behmer c/o Patricia Hale Alrick M. Gillespie Robert L. Painter Wayne C. Stanton Leroy A. Kelly Douglas A. Graybill Edward L. Kelley ADDRESS 2044 Denise Circle, NE Roanoke, VA 24012 2036 Denise Circle NE Roanoke, VA 24012 2028 Denise Circle, NE Roanoke, VA 24012 2020 Denise Circle, NE Roanoke, VA 24012 2012 Denise Circle, NE Roanoke, VA 24012 2004 Denise Circle, NE Roanoke, VA 24012 2001 Denise Circle, NE Roanoke, VA 24012 2041 Broyles Lane Roanoke, VA 24012 1808 Ruritan Road Roanoke, VA 24012 2025 10th Street, NW Roanoke, VA 24012 1723 Read Mountain Road Roanoke, VA 24012 1840 Read Mountain Road, Roanoke, VA 24012 1846 Read Mountain Road, Roanoke, VA 24012 4739 Old Mountain Road Roanoke, VA 24012 1540 Read Mountain Road, Roanoke, VA 24012 4005 Chapparal Drive, SW Roanoke VA 24012 161 Lee Avenue, NE Roanoke VA 24012 820 Ridgecrest Circle Roanoke. VA 24019 1554 Monterey Road, NE Roanoke VA 24019 4652 Horseman Avenue, NE Roanoke VA 24019 1618 Read Mountain Road Roanoke VA 24019 1618 Read Mountain Road Roanoke VA 24019 1630 Read Mountain Road, Roanoke VA 24019 PARCEL 39.20-1-15 39.20-1-16 39.20-1-28 39.20-1-50 OWNER, AGENT OR OCCUPANT Alfred C. Altieri Emmett Sherrill Alvin W. Fralin Fralin and Waldron ADDRESS 1001 Mattie Drive Roanoke, VA 24012 2034 Broyles Lane, NE Roanoke, VA 24012 Route 1, Box 289 Roanoke, VA 24012 P.O. Box 4175 Roanoke, VA 24015 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of June, 1986. Notary Public My~mmission Expires: NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, July 2, 1986, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, in order to consider the following: Request from the City of Roanoke, represented by Mr. W. Robert Herbert, City Manager, to rezone two parcels of land, designated as Official Tax Nos. 7240101 and 7280101, said parcels being located within the Roanoke Centre for Industry and Technology on U.S. Route 460. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please run in the morning edition on Tuesday, June 17, 1986 Please run in the evening edition on Tuesday, June 24, 1986 Please bill and send affidavit of publication to: Office of Community Planning, Room 355, Muncipal Building, Roanoke, VA 24011 Or, ce of the City Oerk June 23, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition and list of property owners from Mr. Earl B. Reynolds, Jr., Assistant City Manager, representing t~e City of Roanoke, requesting that cer- tain tracts of land identified as Official Tax Nos. 7240101 and 7280101, lying within the Roanoke Centre for Industry and Technology, located on the northerly side of U. S. Route 460, be rezoned from AG, Agricultural District, to LM, Light Manufactur- ing District. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enco cc: Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney 456 Municipal Building 2'15 C~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office ~ the G~y August 29, 1986 File #42-255 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28294, approving and authorizing the execution of an assignment of the lease of a 1000 square foot space in the Market Square Parking Garage, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, August 11, 1986, also adopted by the Council on second reading on Monday, August 25, 1986, and will take effect ten days following the date of its second reading. Sincerely, JMS:se E~c. cc~ Judith M. St. Clair Deputy City Clerk Mr. Robert Stetson, Magna Photo, Inc., 222 W. Adams Street Suite 1395, Chicago, Illinois 60606 ' Mr. William D. Poe, Hall Associates, Inc., 1007 Dominion Bank Building, Roanoke, Virginia 24011 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director of Utilities an(~ Operations Mr. William F. Clark, Director of Public Works Mr. Richard V. Hamilton, Right-of-Way Agent Ms. Deborah J. Moses, Chief, BriSlings and Colle~io~ *Added to carbon copies on November 16, 1987. Roorn456 MunlcipalB~ildlng 215C~urchAve~ue, S.W. Roc~noke, V~rglnla24011 (703) 98t-2541 8D IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28294. AN ORDINANCE approving and authorizing the execution of an assign- ment of the lease of a 1000 square foot space in the Market Square Parking Garage. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be and he is hereby authorized to execute an assignment of the lease authorized by Ordinance No. 26870, adopted February 6, 1984, as amended by Ordinance No. 27102, a five (5) year period of a I000 square Square Parking Garage from 5hgna Photo, adopted July 9, 1984, for foot space in the Market Inc., to Roanoke Photo Associates, a Virginia general partnership, such assignment to be subject to all of the terms and conditions of the original lease and to be approved as to form by the City Attorney. A~fEST: City Clerk. Roanoke, Virginia August 11, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Assignment of Lease, Market Square Parking Garage, Magna Photo, Inc. The attached staff report was considered by your Water Resources Committee on July 28, 1986. The Committee recommends that Council authorize the assignment of the Magna Photo, Inc. lease to Roanoke Photo Associates in accordance with the attached report. Roanoke Photo Associates, a Virginia General Partnership, will be responsible for providing the insurance coverage required by the lease. Respectfully submitted, Elizabeth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Hall Associates, Inc. INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: TH RU: RE: III. IV. July 11, 1986 Mem~ate~ Resources Committee ~it B. Klser, Director of Utilities and Opera, ohs Mr. W. Robert Herbert, City Manager ~. /~ //~ Assignment of Lease Market Square Parking Garage Magna Photo, Inc. I. Background: City Council by Ordinance No. 26870, dated February 6, 1984, authorized the appropriate City officials to enter into a five (5) year lease of a 1000 square foot space in the Market Square Parking Garage to Magna Photo, Inc. The subsequent Lease Agreement was dated February 20, 1984. An amendment to this lease, involving increased credit for improvements provided by Magna Photo, Inc., was authorized by Ordinance No. 27102, dated July 9, 1984. The five (5) year lease term commenced on August 13, 1984. II. Current Situation: A. Magna Photo, Inc. has requested that their lease of the space be assigned to Roanoke Photo Associates (RPA), a Virginia General Partnership. (Please note the attached letter.) B. Hall Associates, Inc., rental agents for the space, have indicated that they have no problem with the assignment of this lease. (A letter is attached in this regard.) Issues: A. Timing. B. Cost to City. Alternatives: Recommend to City Councf] that it authorize the appropriate City officials to execute documentation assigning the lease of 1000 square feet of space in the Market Square Parking Garage currently held by Magna Photo, Inc. to Roanoke Photo Associates. Page 2 1. Timin~ to accomplish assignment of lease to new lessee as soon as possible is met. 2. Cost to City is zero. B. Do not recommend that City Council authorize the assignment of the lease: 1. Timin~ of assignment of lease to new lessee not met. 2. Cost to City is zero. Recommendation: Commission recommend to City Council that it authorize the assignment of the Magna Photo, Inc. lease to Roanoke Photo Associates, Incorporated in accordance with Alternative "A". Roanoke Photo Associates (RPA), a Virginia General Partnership, will be responsible for providing the insurance coverage required by the lease. KBK:RVH:sef Attachment cc: City Attorney Director of Finance AHALL ssoclates, InC. Commercial. Industrial. Residential Realtors 1007 Dominion Bank Bldg. · Roanoke, Virginia 24011 703/982~011 William D. Poe, CPM Vice President Management & Leasing Mr. Kit Kiser Director of Utilities Operations City of Roanoke 215 Church Avenue S.W. Roanoke, Virginia 24011 June 30, 1986 RE: Magna Photo / Center In The Square Space Dear Kit: Enclosed, you will find a letter from Magna Photo requesting an assignment of their lease. As you may know, 50% of the Magna Photo was purchased by The Photo Lab, Inc. of Roanoke. I do not see any problem with this from a financial standpoint, but you might want your attornies to review. If you have any questions, please let me know. Sincerely, William D. Poe Associate Broker WDP:nam 312-977-1955 AGnA PHOTO, Inc. 222 W. ADAM~ STREET SUITE 1395 CHICAGO, ILLINOIS 60306 Mr. William Poe Edwin Hall & Assoc. 1007 FNEB Building Roanoke, Va. 24011 5/28/86 Dear Bill, We would like to assign our lease at Center in the Square to Roanoke Photo Associates ("RPA"). RPA is a partnership 50% owned by us and 50% owned by The Photo Lab Inc. which is the one hour photo chain headquartered in Roanoke headed by Richard Berry and Nolan Jackson. Of course, Magna Photo-East Inc. will continue to be liable for the terms of the lease. Please indicate the landlord's approval of this assignment by signing below. Accepted DATE Au9ust 29, 1986 File #2-166 Mr. W. Nobert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attachin~ copy of Ordinance No. 28295, providing for the gift to the Town of Vinton of a surplus parcel owned by the City and situated in Vinton, being a 0.41 acre portion of Official Tax No. 4310401, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, August 11, 1986, also adopted by the Council on second reading on Monday, August 25, 1986, and will take effect ten days following t~e date of its second reading. Sincerely, JMS:se Eric. CC: Judith M. St. Clair Deputy City Clerk Mr. George W. Nester, Town Manager, P. O. Box 338, Vinton, Virginia 24179 Mr. John Metcalf, Vinton Alternator & Starter, Inc., 1103 Walnut Avenue, Vinton, Virginia 24179 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Richard V. Hamilton, Right-of-Way Agent Room456 MunlclpolBultding 215C~urchAve~ue, S.W. Roano~e, Vlrginla24011 (703) 981-254~ 8E IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28295. Afl ORDINANCE providing for the gift to the Town of Vinton of a surplus parcel owned by the City and situated in Vinton, being a 0.41 acre portion of Official Tax No. 4310401. BE IT ORDAI}IED by the Council of the City of Roanoke that; 1. The gift to the Town of Vinton of a surplus parcel of land owned by the City and situated in Vinton, being a 0.41 acre portion of Official Tax .~Io. 4310401, in the report to Council dated August sources Committee is hereby approved, providing all documentation and legal transfer of title. as more particularly described 11, 1986, from the Water Re- subject to the To%m of Vinton services necessary to effect 2. The Mayor and the City Clerk be, and they are hereby authorized and empowered, respectively, to execute on behalf of the City and to seal and attest property to the Town of Vinton, prepared by the Town of Vinton, the City Attorney. the City's deed of gift of said said deed to be a quitclaim deed and to be approved as to form by ATTEST: City Clerk. Roanoke, Virginia August 11, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Residue City-Owned Parcel, Wise Avenue & Booker Avenue, Vinton, VA The attached staff report was considered by your Water Resources Committee on July 28, 1986. The Committee recommends that Council authorize the transfer of title to surplus parcel by gift to the Town of Vinton in accordance with the attached staff report. Respectfully submitted, abeth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance George N. Nester, Manager, Town of Vinton INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: RE: July 14, 1986 r,mber~., Water Resource~s Committee Residue City-Owned Parcel Wise Avenue & Booker Avenue Vinton, VA I. Back~round: City acquired properties along easterly corporation line, bet- ween Tinker Creek and the N & W Railway line adjacent to Fallon Park, from Virginia Holding Corporation (N & W Railway) on June 8, 1970, by D.B. 1280, Page 185. Property was used as a landfill area prior to the opening of the Regional Landfill. Be A small portion of the property, that was acquired extended across Tinker Creek into the Town of Vinton. This area is located between the Wise Avenue, S.E. low water bridge over Tinker creek and the southerly line of Booker Street in Vinton. Property contains 0.41 acres. II. Current Situation: Vinton Alternator & Starter~ Inc.~ 1103 Walnut Avenue, Vinton, whose business is out of sight of traffic on Walnut and Wise avenues due to it's location behind the Southern States Cooperative plant, asked for the city's permission to erect a sign on the property directing customers to their business. This would involve obtaining City Council's permission to erect the sign, then obtaining the Town of Vinton's per- mission. Parcel is located in the floodway of Tinker Creek. Ground level is at least four (4) feet below the bottom of the pedestrian bridge along Wise Avenue, S.E. that was knocked down by the November 1985 flood. Plantation Pipeline Petroleum pipeline (to Exxon Terminal on Hollins Road, N.E.) crosses it. It has little utility to the City of Roanoke. It will require maintenance and has potential for liability problems. Co The Town of Vinton has agreed to accept donation of the par- cel. This would provide the Town with an opportunity to clean up and maintain one of the entrances to the town. They could also control the use of the property as to the placement of signs, etc. Page 2 III. Issues: A. Need B. Timin~ C. Cost to City IV. Alternatives: Recommend to City Council that they authorize the appropriate City officials to execute the documentation necessary to transfer title to a 0.41 acre parcel of City-owned property, a portion of Official Tax No. 4310401, located in the Town of Vinton, to the Town of Vinton at no charge. The Town of Vinton to provide the legal services and documentation necessary to transfer title (by quitclaim deed). Need by City to dispose of surplus parcel outside city limits is met. Timin~ to permit Town of Vinton to make expeditious decision about directional sign on parcel is met. 3. Cost to City is zero. B. Do not recommend to City Council that it authorize the gift of surplus parcel to Town of Vinton: Need to dispose of surplus parcel outside City limits is not met. Timin~ to permit the most expeditious handling of request for directional sign not met. Cost to City is cleanup and continuing maintenance of parcel plus potential liability problems. Recommendation: Committee recommend to City Council that it authorize the transfer of title to surplus parcel by gift to the Town of Vinton in accordance with Alternative "A". RVH:sef Attachment cc: City Attorney Director of Finance George N. Nester, Manager, Town of Vinton GEORGE W. NESTER Town Manager TOWN OF VINTON P.O. BOX 338 VINTON, VIRGINIA 24179 (703) 982-O230 July 7, 1986 ALL-AMEllCAN ~OANOKE VALLIY OFFICE OF CITY ENGINF..F.3 Mr. Richard V. M~-~milton Right-of-Way Agent office of the City Engineer Rocm 350, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Dear Mr. Hamilton: TbzLnk you for your letter of June 17, 1986. Please be advised that I spoke with the Vinton Town Council at their regular meeting of July 1, 1986 in an executive session. It was the consensus of the Vinton Town Council that they w~uld be willing to receive this parcel of property frca~ the City of Roanoke. Please advise of any other action that you require on behalf of the Town of Vinton. Thank you for your cooperation and assistance in this matter. Sincerely, ~rg~~W. Nester Town Manager G~N/cr Office of ~e Ci'h/Engineer June 17, 1986 George W. Nester, Town Manager Town of Vlnton, Virginia p. O. Box 338 Vinton, Virginia 24179 Residue Parcel Wise Avenue & Booker Avenue Town of Vinton Dear Mr. Nester: As Mr. Kiser told you on Friday, June 13, 1986, we have been informed that a small parcel of property at the referenced location is City property. It seems to be a portion of a tract we acquired some years ago from Virginia Holding Corporation (N & W Railway) for use as landfill areas along the westerly side of Tinker Creek. This information was not provided by a full title search, which should he done to confirm its validity. On June 16, 1986, we discussed the property with City Council's Real Estate Co~ittee, the Water Resources Committee, and they tentatively agreed to con- sider transfer of title to the property to the Town of Vinton. They requested that we formally bring the matter back to them with further information and a recommendation that they can act upon. We will need a letter from you agreeing to accept the property. In addition, I am sure they will ask the Town to agree to do the legal work necessary to transfer title. A statement about that in the same letter would speed matters up. We would be interested in donation by quit-claim deed. We know Messrs. Metcalf and Williamson would llke to see some quick action and we would llke to oblige them, but, since we were instructed to bring the matter back through the Water Resources Committee, we can expect this to take some time. The next Water Resources Committee meeting is scheduled for 3uly 28, 1986. It will then go to City Council a week or so after that date for their initial action, a second reading a week later, then-a ten day wait to become final. I will need the letter from you sometime during the second week in July at the latest, earlier if possible. I assume you must have action by your Council to commit the Town to this prior to responding to me. I~oonn 350 5Aunicipol Builc~in~l 215 Church Avenue. $ ~V ~oonoke, Vir~;inio 2'~0t ~ (703) (;8 ~-273 t Page 2 The property appears to be a portion of our Tax No. 4310401. The only mapping readily available to us is the map given to us by Mr. Willlamson (attached). I believe the Town was glven a copy of thls, too. Our land recorde show transfer of title to the City in Deed Book 1280, Page 185 on June 8, 1970. If we can provide addltlonal £nformatlon, please let me know. RVH/mm attachment cc: Sincerely, Richard V. Hamilton Right of Way Agent Mr. Kit B. Kiser, Director of Utilities & Operations Mr. John Metcalf, Vinton Alternator & Starter, Inc. Mr. John Metcalf Vinton Alternator & Starter 1103 Walnut Ave. Vinton, Virginia 24179 Inc. JUN 1~ i986 Mr. Kit B. Kiser Director of Utilities & Operations Municipal Building 215 Church Ave., S. W. Roanoke, Virginia 24011 June 12, 1986 OFFICE OF CITY ENGINEEi Dear Mr. Kiser: We wish to place a directional sign to our place of business. I have discussed this matter with Mr. Hamilton and he has referred me to you in hopes that we can get this matter straight. Mr. Hamilton has stated that he sees no problem in putting up the sign but the Town of Vinton will not issue me a Sign Permit until I have written permission' from you stating that we can place a direction sign. I have attached a area photo copy map and indicated the property on which I would like to place the sign. The sign will be 4'X8'. We matter and your prompt attention would be would appreciate any help you could give us regarding this greatly appreciated. S inc e r~ 13~, John Metcalf President Enclosure 'JM/bd Office of ~e 0~/Oed~ August 29, 1986 File #2-166 ~Ir. W. Robert Herbert City Manager Roanoke, Virginia Dear ~lr. Herbert: I am attaching copy of Ordinance No. 28298, providing for the 'sale and conveyance of a parcel of land owned by the City and located on Montrose Avenue, S. E., bearing Official Tax No. 4140801, which Urdinance was adopted by the Council of the City of Roanoke on first reading on ~ionday, August 11, 1986, also adopted by the Council on second reading on Monday, August 25, 1986, and will take effect ten days following the date of its second reading. Si ncerely, Judith M. St. Clair Deputy City Clerk JMS:se Enc o cc: Mr. and Mrs. Dan T. Read, 655 Montrose Avenue, S. E., Roanoke, Virginia 24013 Ms. Della H. Hill, 651Montrose Avenue, S. E., Roanoke, Virginia 24013 Mr. Wilburn C. Oibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Richard V. Hamilton, Right-of-Way Agent Mrs. Susan S. Goode, Chairman, City Planning Commission Nrs. Martha P. Franklin, Secretary, City Planning Commission Chief of Community Planning Mr. Edward R. Tucker, City Planner ~. Deborah J. Mos~, Chief, Bi2_lings and Collectio~ *Ad~mt~5~a~¢~d~ oh Nov~mb~ 16. 1987. ~5 ~urch Aven~, ~W. Roanoke, ~in~ 2~11 (7~) 981-2~1 IN THE COUNCIL OF 'THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28298. AN ORDINANCE providing for the sale and conveyance of a par- cel of land owned by the City and located on Montrose Avenue, S.E., bearing Official Tax No. 4140801. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of Mr. and Mrs. Dan T. Read, to purchase a parcel of land owned by the City and located in the 600 Block of Montrose Avenue, S.E., bearing Official Tax No. 4140801, known as a portion of Lot 9, Block 3, Bolling Addition, for the con- sideration of $100.00, is hereby ACCEPTED. 2. The Mayor and City Clerk are hereby authorized to exe- cute and attest, respectively, on behalf of the City, the City's deed of conveyance containing special warranty of title to Mr. and Mrs. Dan. T. Read, said deed to be in form approved by the City Attorney and, thereafter, the City Attorney is authorized to tender to Mr. and Mrs. ])an T. Read, or their authorized agent, such deed upon payment of the aforesaid $100.U0. A'rT~$T: City Clerk. Roanoke, Virginia August 11, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Surplus City-Owned Parcel, 600 Block Montrose Avenue, S.E., Official Tax No. 4140801 The attached staff report was considered by your Water Resources Committee on July 28, 1986. The Committee recommends that Council authorize the appropriate City officials to execute a special warranty deed transferring ownership of a part of Lot 9, Block 3, Bolling Addition, Official Tax No. 4140801, to Mr. & Mrs. Dan T. Read for $100.00. All legal documentation to be prepared by the purchasers in a form approved by the City Attorney. The Reads intend to combine the surplus parcel with their property upon purchase. Respectfully submitted, E beth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Manager of Community Planning Mr. & Mrs. Dan T. Read INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: RE: July 14, 1986 Members, Water Resources Committee ~r ./3K~ s e~?t hr u Mr~ ~ Surplus City-Owned Parcel 600 Block, Montrose Avenue, S.E. Official Tax No. 4140801 II. III. I. Background: Parcel is a part of Bolling Addition which was subdivided about 1923. That subdivision also dedicated the 61/2 Street, S.E. right of way adjacent to subject parcel. 61/2 Street, S.E. has never been opened. Application to close 61/2 Street, S.E. has been filed with the City Clerk by Mr. & Mrs. Dan T. Read, 655 Montrose Avenue, S.E. Their home is adjacent to the opposite side of 61/2 Street, S.E. from the surplus City-Owned parcel. Current Situation: A. Mr. & Mrs. Dan T. Read made a written offer to the city of $100.00 for the surplus parcel on May 7, 1986. The value of the lot for tax purposes established by the Office of Real Estate Valuation is $500.00. (See attached letter). Water Resources Committee policy has been to give other neighbors adjoining such unbuildable parcels the opportunity to make an offer for them. On May 16, 1986 we notified the Reads and the only other adjoining neighbor, Mrs. Della H. Hill, that we would be interested in receiving offers. (See attached letter.) The only response was from the Reads who reiterated their previous offer of $100.00. A. Need B. Timing C. Income To City Page 2 IV. Alternatives: Recommend to City Council that it authorize the appropriate City officials to execute a special warranty deed trans- ferring ownership of a part of Lot 9, Block 3, Bolling Addition, Official Tax No. 4140801, to Mr. & Mrs. Dan T. Read for $100.00. All legal documentation to be prepared by the purchasers in a form approved by the City Attorney. The Reads intend to combine the surplus parcel with their pro- perty upon purchase. 1. Need to return surplus properties to tax rolls and, by petitioner, to acquire additional yard area, is met. 2. Timing to effect title transfer of lot in conjunction with street closing (of 61/2 Street, S.E.) is met. 3. Income to City is $100.00 plus future tax revenues. B. Do not recommend that City Council sell surplus lot bearing Official Tax No. 4140801: 1. Need by City to return lot to tax rolls and by peti- tioner for additional yard area is not met. 2. Timing to coordinate sale with the closing of 61/2 Street, S.E. is not met. 3. Income to City is zero. Recommendation: Committee recommend to City Council that it authorize the sale of surplus property by special warranty deed bearing Official Tax No. 4140801 in accordance with Alternative RVH:sef Attachments CC: City Attorney Director of Finance Manager of Community Planning Office of the City Engine~ May 16, 1986 Ms. Dan T. Read 655 Montroee Avenue, S.E. Roanoke, Virginia 24013 Ms. Della R. Rill 651Montrose Avenue, S.E. Roanoke, Virginia 24013 RE: Surplus City-Owned Lot Dear Ms. Read & Ms. Hill: An offer has been made to the City to purchase a small parcel of City-owned property lying between your two homes. The parcel is identified as Part of Lot 9, Block 3, Bolling Subdivision, Official Tax No. 4140801. If this lot had been large enough to stand alone as a buildable lot, City Council's real estate committee, the Water Resources Committee, would have required us to advertise it for sale to the general public when an offer was made for it. As it is too small to do other than to add it to adjoining pro- perty, they only require us to notify the property owners on either side of it that it will possibly be sold and give them the opportunity to make their own offers for it. This lot is 25 feet wide and 60 feet long. It will have an additional 15 foot wide by approximately 110 foot long strip added to it when 61/2 Street, S.E. is closed in that area. The lot is now carried on our tax rolls as having a value of $500.00 for tax purposes. If you should wish to make us an offer for this lot, please do so in writing on or before May 23, 1986. The City Administration will present the highest offer, should it be acceptable, to the Water Resources Committee.for recommendation to City Council. City Council must authorize any sale of City-owned property. Thank you for your attention and cooperation. If we can provide additional information, please let me know. Sincerely, Richard V. Hamilton Right of Way Agent RVH/mm cc: Mr. Kit B. Kieer, Director of Utilities & Operations Mr. E. R. Tucker, Planner r~oorn 350 Municipal Builciin9 2'15 Church Avenue, S W ~o(3noke, Virglinia 240'1'1 (703] 98'1-273'1 OFFICE OF CITY ENI~INEER '5 Office of ff~e O~ Oe~ August 29, 1986 File #166-169 Mr. Brian Scott Mr. Paul E. Grice 514 Woods Avenue, S. W. Roanoke, Virginia 24016 Gentlemen: I am enclosing copy of Ordinance No. 28299, granting permission to you to maintain an encroachment over and into an alley right- of-way located behind 514 Woods Avenue, S. W., Official Tax No. 1140205, for an existing wooden fence, upon certain terms and conditions, w~ich Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, August 11, 1986, also adopted by the Council on second reading on Monday, August 25, 1986, and will take effect ten days following the date of its second reading. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by you, has been admitted to record in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing public liability insurance required in paragraph 4 of the ordinance, is on file in the Office of the City Clerk. Sincerely, JMS:se Enc. Judith M. St. Clair Deputy City Clerk Room 456 Municipal Building 215 Church Avenue, S,W. Roonoke, Virginia 2401 t (703) 981-2541 Mr. Brian Scott Mr. Paul E. Grice Page 2 August 29, 1986 cc: Miss Mr Mr Mr Mr Mr Mr Mr Adm Patsy Testerman, Clerk of the Circuit Court W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Oirector of Finance Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works Richard V. Hamilton, Right-of-Way Agent Ronald H. Miller, Building Commissioner/Zoning nistrator I}I l~lE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28299. Arq ORDIr1~qCE permitting a certain encroachment an alley right-of-way located behind 514 Woods Avenue, Official Tax No. 1140205, for an existing wooden fence, tain terms and conditions. over and into S.W., upon cer- BE IT ORDAINED by the Council of 1. Permission be and is hereby Brian Scott and Paul E. Grice, their the City of Roanoke that; granted the current owners, grantees, assignees, or suc- cessors in interest, of the property bearing Offioial Tax No. 1140205, otherwise known as 514 Woods Avenue, S.W., within the City of Roanoke, to maintain an encroachment by an existing wooden fence located immediately behind approximately two feet over and into the way, as more fully described in a report Con~nittee dated August 11, 1986, on file City Clerk. 2. Said permit, granted pursuant Virginia (1950), as amended, shall be of the Council of the City of Roanoke, the aforesaid property public alley right-of- of the Water Resources in the Office of the to §15.1-377, Code of revocable at the pleasure and is subject to all the limitations contained in the aforesaid §15.1-377. 3. It shall be agreed by the permittee that, in maintainin~ such encroachments, said permittee and its ~rantees, assignees, or successors 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 8G property that may arise by reason of the above-described encroachments over public right-of-way. 4. Permittee. its grantees, assignees or successors in interest shall for the duration of this permit, with respect to claims arising out of the maintenance and use of the structure and areas permitted to encroach into City right-of-way hereunder, maintain on file with the City Clerk's Office evidence of general public liability insurance with limits of not less than $300,000 combined bodily injury liability, including death, and property damage liability for any one occurrence, and including the City of Roanoke, its officers, employees and agents as additional insureds. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowled~e~ by permittee, 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 and shall remain in effect only so long as a valid, current certificate evidencing the public liability insurance required of the City Clerk. in paragraph 4 above is on file in the Office ATTEST: City Clerk. ACCEPTED and EXECUTED by the undersigned this , 1986. day of Brian Scott Paul E. Grice 2 - STATE OF VIRGINIA § § CITY OF ROA~'IOKE § I, hereby certify that the foregoing ledged before me this __ day of Brian Scott and Paul E. Grice. instrument was acknow- 1986, by My Commission expires: Notary Public Roano , V~rg~hia August 11, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Encroachment in Alley Right of Way 514 Woods Avenue, S.W. The attached staff report was considered by your Water Resources Committee on July 28, 1986. The Committee recommends to Council that it authorize a conditional permit to be issued for the continued exis- tence of the fence encroaching into the alley behind 514 Woods Avenue, S.W., in accordance with the attached staff report. Respectfully submitted, Eliz~abeth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Building Commissioner Brian Scott & Paul E. Grice INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: RE: July 14, 1986 Members, Water Resources Committee ~' th~'ru Mr. Herber~//~ Encroachment in Alley Right of Way 514 Woods Avenue, S.W. I. Background: Zoning Inspector, responding to a citizen's complaint, disco- vered that resident at referenced address had erected a wood fence, approximately six (6) feet high, of stockade type, within the right of way of the alley behind the property. Zoning Inspector advised resident to either remove fence or obtain permit for it to remain from City Council. II. Current Situation: Residents at 514 Woods Avenue, S.W., Brian Scott and Paul E. Grice, have requested, in writing, that they be given a permit to leave the fence in place (see attached letter). Fence is generally located about two (2) feet into the alley right of way. In one place it is displaced around a tree stump in the alley and is, thus, about one (1) foot into the alley at that point (see attached map). Fence is not an impe- diment to traffic in the alley. III. Issues: A. Need Cost C. Traffic D. Public Liability Insurance, with the City included as addi- tional insured, and indemnification. IV. Alternatives: Recommend to City Council that it authorize a conditional per- mit pursuant to Sec. 15.1-377, Code of Virginia (1950), as amended, to the property owners at 514 Woods Avenue, S.W., Official Tax No. 1140205, to permit the continued encroach- ment of a six (6) foot wood fence approximately two (2) feet Page 2 into the alley at the rear of that property. Conditional per- mit would be revocable in the sole discretion of the City. 1. Need by owners for fence across rear of property is met. 2. Cost to owners minimized by not having to remove existing fence and replace it with a new fence two (2) feet away. 3. Traffic in alley not affected by leaving fence in place. e Public Liability Insurance with the City included as addi- tional insured would be provided and indemnification required. B. Do not recommend that City Council authorize a permit which would allow fence to remain in place. 1. Need by owners for fence is not met without installation of a fence in a second location. 2. Cost to owners is increased by having to remove existing fence and install a new one. 3. Traffic in alley unaffected by moving fence. 4. Public Liability Insurance, with the city included as additional insured is moot. Recommendation: Committee recommend to City Council that it authorize a conditional permit to be issued for the continued existence of the fence encroaching into the alley behind 514 Woods Avenue, S.W. in accordance with Alternative "A". RVH:sef Attachment CC: City Attorney Director of Finance Building Commissioner Brian Scott & Paul E. Grice Office of the City Clerk August 29, 1986 File #166-169 I,dr. and Mrs. Thomas R. Cushing 502 Woods Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. and Mrs. Cushing: I am enclosing copy of Ordinance No. 28300, granting permission to you to maintain an encroachment over and into the right-of-way of Fifth Street, S. W., for an existing wooden fence located adjacent to 502 Woods Avenue, S. W., Official Tax No. 11aU208, upon certain terms and conditions, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, August 11, 1986, also adopted by the Council on second reading on Monday, August 25, 1986, and will take effect ten days following the date of its second reading. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by you, has been admitted to record in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing public liability insurance required in paragraph 4 of the ordinance, is on file in the Office of the City Clerk. Sincerely, JMS:se Eric. Judith M. St. Clair Deputy City Clerk Room456 MunlcipalBuildlng 215(~urchAv~"~ue, S.W. Roanoke, VIrglnto2401,1 (703) 981-2541 Mr. and Mrs. Thomas R. Cushing Page 2 August 29, 1986 CC: Miss Patsy Testerman, Clerk of the Circuit Court Mr W. Robert Herbert, City iqanager Mr Wilburn C. Dibling, Jr., City Attorney Mr Joel M. Schlanger, Director of Finance Mr Kit 8. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Richard V. Hamilton, Right-of-Way Agent Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, The 25th day of August, 1986. VIRGINIA, No. 28300. AN ORDIN~{CE permitting a certain encroachment over and into the right-of-way of Fifth Street; S.W., for an existing wooden fence located adjacent to 502 Woods Avenue, S.W., Official Tax No. 1140208, upon certain terms and conditions. BE IT ORDAI}IED by the Council of the City of Roanoke that: 1. Permission be and is hereby granted the current owners, Mr. and Mrs. Thomas R. C~shing, their grantees, assignees, or successors in interest, of the property bearin~ Official Tax No. 1140208, otherwise kno~m as 502 }{oods Avenue, S.W., within the City of Roanoke, to maintain an encroachment by an existing wooden fence located approximately 11~ feet over and into the public right-of-way of Fifth Street, S.W., as more fully des- cribed in a report of the Water Resources Committee dated August 11, 1986, 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 be revocable at the pleasure of the Council of the City of Roanoke, and is subject to all the limitations contained in the aforesaid §15.1-377. 3. It shall be agreed by the permittee that, in maintainin~ such encroachments, said permittee and its grantees, assignees, or suceessors 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 right-of-way. 4. Permittee, its grantees, assignees or successors in interest shall for the duration of this permit, with respect to claims arising out of the maintenance and use of the structure and areas permitted to encroach into City ri~ht-of-way hereunder, maintain on file with the City Clerk's Office evidence of ~eneral public liability insurance with limits of not less than $300,000.00 combined bodily injury liability, including death, and property damage liability for any one occurrence, and including the City of Roanoke, its officers, employees and agents as additional insureds. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by permittee, 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, and shall remain in effect only so lon~ as a valid, current certificate evidencing the public liability insurance required in paragraph 4 above is on file in the Office of the City Clerk° ATTEST: City Clerk. ACCEPTED and EXECUTED by the undersigned this 1986. day of Thomas R. C~shing Sherry h/. CMshin§ 2 STATE OF VIRGI}~IA § § CITY OF ROANOKE § I, hereby certify that the foregoing instrument ledged before me this day of Thomas R. Cushing and Sherry W. CMshing. My Commission expires: was acknow- 1986, by Notary Public · ~P~o an~ke,~ ~V i mg,i~,i:a u~C~g~st ~, i986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Encroachment in Street Right of Way 502 Woods Avenue, S.W. The attached staff report was considered by your Water Resources Committee on July 28, 1986. The Committee recommends to Council that it authorize a conditional permit to be issued for the continued exis- tence of the fence encroaching into the right of way of Fifth Street, S.W. beside 502 Woods Avenue, S.W., in accordance with the attached staff report. Respectfully submitted, Elizabeth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Building Commissioner Mr. & Mrs. Thomas R. Cushing INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: RE: III. July 14, 1986 M~.Wa e.~Res our ces Committee Mr. Ki~r t r~u Mr. Herber~t '~ Encroachment in Street Right of Way 502 Woods Avenue, S.W. I. Background: ~oning Inspector, responding to a citizen's complaint, disco- vered that resident at referenced address had begun the erec- tion of a wood privacy fence approximately ten (10) feet high, of stockade type, within the right of way of Fifth Street, S.W. Zoning Inspector advised resident to either remove por- tion of fence already installed or obtain a permit for it from City Council. II. Current Situation: Residents at 502 Woods Avenue, S.W., Mr. & Mrs. Thomas R. Cushing, have requested, in writing, that they be given a per- mit to leave the fence in place (see attached letter). B. ~ence (posts & framework only) is located about one (1) inch behind the sidewalk. Eight (8) four (4) inch by four (4) inch posts are in place, set in concrete, approximately twelve (12) feet apart. City right of way behind sidewalk is approxima- tely eighteen (18) inches wide. This places the posts approximately Seventeen (17) inches into the right of way of the Street. Fence is intended to screen back porch and yard from the public and is not a hazard to traffic. Issues: A. ~eed B. Cost C. Traffic D. Public Liability Insurancn, with the City named as additional insured, and indemnification. IV. Alternatives: Recommend to City Council that it authorize a conditional per- mit pursuant to Sec. 15.1-377 Code of Virginia (1950), as amended, to the property owners at 502 woods Avenue, S.W., Page 2 Official Tax No. 1140208, to permit the continued encroach- ment of a ten (10) foot privacy fence a maximum of approxima- tely seventeen (17) inches into the right of way of Fifth Street, S.W. along a portion of the side of the property. Conditional permit would be revocable in the sole discretion of the City. 1. Need by owners for a privacy fence for their rear yard is met. Cost to owners minimized by not having to remove existing posts and move them approximately seventeen (17) inches back. 3. Traffic on Fifth Street, S.W. not affected by leaving fence in place. Public Liability Insurance, with the City named as addi- tional insured would be provided, and indemnification of City required. B. Do not recommend that City Council authorize a permit which would allow fence to remain in place. t. Need by owners for fence is not met without installation of a fence in a second location. 2. Cost to owners is increased by having to remove existing posts and framework and replace in a new location. 3. Traffic in Fifth Street unaffected by moving fence. 4. Public Liability Insurance, with the City named as addi- tional insured is moot. Recommendation: Committee recommend to City Council that it authorize a permit to be issued for the continued existence of the fence encroaching into the right of way of Fifth Street, S.W. beside 502 Woods Avenue, S.W. in accordance with Alternative "A". RVH:sef Attachment cc: City Attorney Director of Finance Building Commissioner Mr. & Mrs. Thomas R. Cushing CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION TO: Mr. W. Robert Herbert, City Manager FROM: Ms. Mary F. Parker, City Clerk ~"~. ~, ~' DATE: June 30, 1986 SUBJECT: Communication from Mr. and Mrs. Thomas R. 502 Woods Avenue, S. W. Cushing, For handling as you deem appropriate, I am attaching a communica- tion from Mr. and Mrs. Thomas R. Cushing, 502 Woods Avenue, S. W., requesting permission to continue with construction of a privacy fence which is on city property. MFP:se Attachment cc: Mr. and Mrs. Thomas R. Cushing, 502 Woods Avenue, S. W. Roanoke, Virginia 24016 ' ~502 Woods Ave. S.W. Roanoke, Va. 24016 June 26, 1986 Honorable Mayor and Members of City Council 215 Church Ave. S.W. City Council Chambers Roanoke, VA. 24011 Dear Mrs. Bowles and Gentlemen, My husband and I began construction of a much needed and desired privacy fence on Monday, June 25. Two feet of dirt was dug and the posts were secured firmly in concrete. Two days later on Wednesday, June 25, Don Nolan - with the City of Roanoke - visited (due to a complaint) to inform us our fence was on city property. We seek to keep our fence as located. To the best of our knowledge this fence does not hamper city operations ie., it is not in the way of any telephone, water, or gas lines. It could in no. way impede trash collec- tion. We Dlaced it beside the sidewalk for aesthetic purposes not realizing we were building on city property. Weeds will not be able to grow unsightly behin~ the fence. This privacy fence will further enhance the appearance of our almost restored home and the corner on which it is located (Woods Ave. and 5th St. in the historic 01d S.W. section of Roanoke C~ty). Much time, effort, money, and planning have been spent on the fence to date. Removal of the fence will prove costly in all aforementioned areas. Let us continue to make Roanoke a beautiful city in which to live! Very truly yours, Mr. and Mrs. Thomas R. Cushing ~ r_~ ST. 5r_~ t~ 57'. August 27, 1986 File #17-132 Mr. R. Michael Amyx Executive Director Virginia Municipal League P. O. Box 12203 Richmond, Virginia 23241 Dear Mr. Amyx: I am enclosing copy of Resolution No. 28336, designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League and for any meetings of the Urban Section of the League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Si ncer el y, rM~a~r,y, rF. Parker, CMC City Clerk MFP:se Enc. Room456 Munlcll:~lBul~llng 2150'~urchA'~ue, S.W.l~:~'~e,"~rglnla24011 (703)981-2541 Mr. R. Michael Amyx Page 2 ~ Au§ust 27, 1986 bec: Mayor Noel. C. Taylor Vice-Mayor Howard E. Musser Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28336. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Virginia ~nicipal League and for any meetings of the Urban Section of the League. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Business Session of the Virginia ~nicipal League to be held in Norfolk, Virginia, on September 23, 1986, Mayor Noel C. Taylor and Vice-Mayor Howard E. ~sser, are hereby designated Voting Delegate and Alternate Voting Delegate, respec- tively. 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 1986 Annual Conference, ~yor Taylor and Vice-Mayor ~sser shall also serve as Voting Delegate and Alternative Voting Delegate, respec- tively, and W. Robert Herbert, City Manager shall be designated Staff Assistant. 2. ~,~ry F. Parker, City Clerk, is directed forms required by the Virginia ~nicipal League Voting Delegate and Alternate Voting Delegate and forms to the League. to complete any for designation of to forward such ATTEST: City Clerk. ATTACHMENT A CERTIFICATION OF VOTING DELEGATE AND ALTERNATE BUSINESS SESSION Virginia Municipal League Annual Conference Norfolk, Virginia Tuesday, September 25, 1986 Voting Delegate: Name Dr. Noel C. Taylor Title Mayor Locality ..~ity of Roanoke~ Vir§inia Alternate Voting Delegate: Name Mr. Howard ~. Musser Title Vice-Mayor Locality City of Roanoke, Virginia Certified by: Name MS. Mary F. Title City Clerk Locality Return Parker, CMC City of Roanoke, Virginia by September 3, 1986 to: Virginia Municipal League P.O. Box 12203 Richmond, Virginia 2324~ ATTACHMENT C NOTE: This form i~ to be returned by localities over 35,000 population. URBAN SECTION DELEGATES, ALTERNATES AND STAFF ASSISTANTR LOCALITY City of Roanoke, Virginia (PLEASE TYPE) INFORMATION SUPPLIED BY Mary F. Parker TITLE City Clerk VOTING DELEGATE NAME Dr. Noel C. Taylor TITLE }{ayor ADDRESS Room 452, Munici~.al Building.~ Roano~e~ Virginia 24011 TELEPHONE: BUSINESS {703) 981-2444 HOME [703) 774-6301 ALTERNATE VOTING DELEGATE NAME Mr. Howard E. Musser ADDRESS Room 456, Municipal Building, Roanoke, TITLE Vice-Mayor Virginia 24011 TELEPHONE: BUSINESS ~703) 387-7463 HOME (703) 366-7249 STAFF ASSISTANT NAME Mr. W. Robert Herbert TITLE City Manager ADDRESS Room 364, Municipal Building, Roanoke, Virginia 24011 TELEPHONE: BUSINESS [703) 981~2333 HOME (703) 989-7447 CITY OF ROANOKE I NTERDEPARTMENT COMMUNICATION TO: Mr. Wilburn C. Dibling, Jr., City Attorney FROM: Ms. Mary F. Parker, City Clerk SUBJECT: Preparation of Measure Designating a Voting Alternate Voting Delegate for the VML Annual DATE: August 14, 1986 Delegate and Conference Please draft the appropriate measure for consideration by Council at its regular meeting on Monday, August 25, declaring Noel C. Taylor as Voting Delegate and Howard E. Musser as Alternate Voting Delegate at the Business Session of the Virginia Municipal League Annual Conference on Tuesday, September 23, 1986. Also, please note that the abovenamed individuals will serve as Voting and Alternate Voting Delegates at the Urban Section and Mr. Herbert will serve as Staff Assistant. Your assistance will be appreciated. MFP:se Office of the City C]en~ August 29, 1986 File #17-132 The Honorable Samuel W. Adams, Council Member, City of Emporia P. O. Box 271 Emporia, Virginia 23847 III Dear Mr. Adams: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Roc~n456 MuntclpolBullding 215C~urchA',~'~ue, S.W. Roanol~,Vlrginla24011 (703) 981-254t Office of the City Clerk August 29, 1986 File #17-132 Fhe Honorable Nartha V. Pennino Vice Chairman, Fairfax County Board of Supervisors North County Government Center 12000 Bowman Towne Drive Reston, Virginia 22090 Dear Ms. Pennino: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, ~layor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, Hary F. Parker, CMC City Clerk MFP:se Enc. Room 456 Mun~clpol Building 215 Church Av~'~ue, S.W, P. oonoke, V~rglnla 240'1 '~ (703) 981-2541 Office of ~e City C]~-k August 29, 1986 File #17-132 The Honorable d. Willard Lineweaver Mayor, Town of Warrenton P. O. Drawer 1006 Warrenton, Virginia 22186 Dear Mayor Lineweaver: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted ny the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, Mary F. Parker, CHC City Clerk MFP:se Enc. 456 Munlclpol Building 215 Church Avenue, S,W. Roonoke, Virginia 240t I (703) 981-2541 Office c~ the Ci~ Clerk August 29, 1986 File #17-132 The Honorable Jack D. Edwards Chairman, James City County Board of Supervisors 114 Stanley Dri. ve Williamsburg, Virginia 23185 Dear Chairman Edwards: I am enclosing copy of Resolution Ilo. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Mayor of the City of RoanoKe, for First Vice-Pres~dent of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meet}ng held on Monday, August 26, 1986. Si ncerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room 456 Municipal Building 215 (~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 98'1-2541 Office of the City Qerk August 29, 1986 File #17-132 The Honorable Dolores Lescure Council Member, City of Staunton 18 Church Street Staunton, Virginia 24401 ~ear I~S. Lescure: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Iqayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room456 MuniclpalBullding 215 0nurch Avenue, S.W. Roanoke, Vlrglnta24011 (703) 981-2541 Office of the City Clerk August 29, 1986 File #17-132 The Honorable Frances Parsons Council Member, Town of Blacksburg 716 Gracelyn Court Blacksburg, Vir. ginia 24060 Dear Hs. Parsons: I a~ enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipa~ League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, Mary F. Parker, Ci~C City Clerk HFP:se Eric. I:~K:~n456 MunlcipolBullding 215 Church Avenue, S.W. Roonoke, Virginla2401'l (703) 981-2541 August 29, 1986 File #17-132 The Honorable William R. Hartz Mayor, Town of Waverly P. O. Box 318 Waverly, Virginia 23890 Dear Mayor Hartz: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, Mary F. Parker, CMC City Clerk HFP:se Enc. Room456 MuniclpalB~ildlng 215 Church Avenue, S.W, Roanoke, Vlrglnla24011 (703)981-254t ?ne Ory Cle~ August 29, 1986 File #17-132 The Honorable Sidney M. Oman Council Member, City of Chesapeake P. O. Box 15225 Chesapeake, Virginia 23320 Dear Mr. Oman: I am enclosing copy of Resolution No. 28337, endorsing the can- 'didacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, Hary F. Parker, CMC City Clerk MFP:se Enc. Roonq4.'.'.'.'.'.'.'.'.'~, MunlcipalBuilding 215 Church Avenue, S.W. Roonoke, Virginla24011 (703)981-2541 Office of the City C~erk August 29, 1986 File #17-132 The Honorable L. D. Oakes Council Member, City of rlartinsville 115 Crescent Street Martinsville, Virginia 24114 Dear Mr. Oakes: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, rlary F. Parker, CMC City Clerk MFP:se Enc. Room 456 Munlci!c~al Building 215 C~urch Av~'~ue, S.W. Roanoke, Virginia 24011 (703) 981-2541 August 27, 1986 File #17-132 The Honorable Julian F. Hirst Chairman, VML Nominations Committee City Manager City Hall Norfolk, Virginia 23501 Dear Mr. Hirst: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, Mary F. Parker, C~IC City Clerk MFP:se E~C. Room 456 Municipal Building 215 ~t4~r(~ Avenue. S,W. Roanoke. ~rglnia 2401 ¢ (703) 981-2541 August 27, 1986 File #17-132 The Honorable Charles A. Robinson, Jr. Mayor, Town of Vienna 127 Center Street, South Vienna, Virginia 22180 Dear Mayor Robinson: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, ~/a~/ Mary F. Parker, CHC Ex City Clerk MFP:se ENc. ~'456 MunlclpalBuildlng 215 Church Av~nue, S.W. Roanc~e, Vlrglnla24011 (703)98~1.2541 Off~:e c~ the O~y August 27, 1986 File #17-132 The Honorable Jessie M. Rattley Mayor, City of Newport News 529 Ivy Avenue Newport News, Virginia 23607 Dear Mayor Rattley: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, Mary F. Parker, C~IC City Clerk MFP:se Enc. Room456 MuniclpalBulldlng 215 Church Avenue, S.W. Roanc~e. Vlrglnla24011 (703)981-2541 August 27, 1986 File #17-132 The Honorable Carl E. Stark Mayor, Town of Hytheville P. O. Drawer 533 Wytheville, Virginia 24382 Dear Mayor StarK: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, Mary F. Parker, CHC City Clerk MFP:se Enc. Room456 Munlcll:~lBuildlng 215 0nu~ch Avenue, S.W. Roano~e,',,/lrginlo24011 (703)98'~-2541 August 27, 1986 File #17-132 The Honorable Lawrence A. Davies Mayor, City of Fredericksburg P. O. Box 7447 Fredericksburg, Virginia 22404 Dear Mayor Davies: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Tay)or, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, y~Mary F. Parker, CHC ~City Clerk MFP:se Enc. Room 456 Municipal Building 2'15 Chura~ Avenue, 5.W. Roanoke, Virginia 240t I (703) 981-254'1 August 27, 1986 File #17-132 The Honorable Jack Barnes Council Member City of Portsmouth 5000 Portsmouth Boulevard Portsmouth, Virginia 23705 Dear Mr. Barnes: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, Mary F. Parker, CHC City Clerk MFP:se Enc. Room 456 Municipal Building 2t5 O~urch Avenue, S.W. Roanoke, Virginia 240t I (703) 98~1-254¢ Office cfi the Oty Oet~ August 27, 1986 File #17-132 The Honorable Ellen Bozman Chairman, Arlington County of Supervisors Courthouse 1400 North Courthouse Road Arlington, Virginia 22201 Board Dear Chairman Bozman: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, ~-~Mary F. Parker, CHC City Clerk MFP:se Enc. Room 456 Munlcll~l Building 2'I 5 C~urch Avenue, S.W. I:i~onoke, 'Virginia 24011 (703) 98'i-254~1 Office o~ lhe QIy (3e~ August 27, 1986 File #17-132 The Honorable Florence Farley Mayor, City of Petersburg City Hall Petersburg, Virginia 23803 Dear Mayor Farley: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, -Mary F. Parker, CMC City CI erk MFP:se Enc. Room 456 Municipal Building 215 (~'~urc:h Avenue, S.W. Roanoke, Vlrglnlo 24011 (703) 98"1-2541 C~lce o~ fne O~y Oe~ August 27, 1986 File #17-132 The Honorable Carolyn Lusardi Mayor, Town of Brookneal P. O. Box 450 Brookneal, Virginia 24528 Dear Mayor Lusardi: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, lkq, '"~ Mary F. Parker, CHC /~ City Clerk MFP:se Enc. Room 456 Municipal Building 2'15 O~urch Avenue, S.W. Roono~e, ~rglnla 24011 (703) 981-2541 Off~e o~ ~e (3%, August 27, 1986 File #17-132 The Honorable Anthony Stasio Mayor, Town of Chincoteague 403 South Main Street Chincoteague, Virginia 23336 Dear Mayor Stasio: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, · Mary F. Parker, CMC City Clerk MFP:se Enc. Room456 MunlcipolBulldlng 2150'lurahAve~ue, S.W. Roanoke, Vlrglnla24011 (703)981-2541 August 27, 1986 File #17-132 The Honorable Glen Craft Mayor, Town of Wise P. O. Box 1100 Wise, Virginia 24293 Dear Mayor Craft: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room 456 MunlCll~)l BullcIl¢~ 215 O~urch Avenue, S.W. Roc:ino~., Virc~lnia 2401 t (703) 981-2541 August 27, 1986 File #17-132 The Honorable William H. Ligon Mayor, City of Emporia P. O. Box 511 Emporia, Virginia 23847 Dear Mayor Ligon: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Si ncerely, /~ Mary F. Parker, C~iC City Clerk MFP:se Enc. Room 456 Municipol Building 215 (~urch A',,~'~ue. S.W. Roonc~,e, Vl~lnla 24011 (703) 98t-2541 August 27, 1986 File #17-132 The Honorable Aubrey Houghton City Manager P. O. Box 417 South Boston, Virginia 24592 Dear Mr. Houghton: I am enclosing copy of Resolution No. 28337, endorsing the can- didacy of the Honorable Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, Parker, CMC {erk MFP:se Enc. Room 456 Municipal Building 215 a~urch A'v~nue, S.W. Roanoke, 'Virginia 24011 (703) 98t-2541 Office of the C]~/(]e~ August 27, 1986 File #17-132 Mr. R. Michael Amyx Executive Director Virginia Municipal League P. O. Box 12203 Richmond, Virginia 23241 Dear Mr. Amyx: I am enclosing copy of Resolution No. 28337, enOorsing the can- didacy of the Honorable Noel C. Taylor, Hayor of the City of Roanoke, for First Vice-President of the Virginia Municipal League, which Resolution was adopted by the Council of the City of RoanoKe at a regular meeting held on Monday, August 25, 1986. Sincerely, Mary F. Parker, CHC City Clerk MFP:se Enc. Room456 M. uniclpalBullding 215C~,.,rchAve~ue.S.W. Roonoke, VIrglnla24011 (703)98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28337. A RESOLUTION endorsing the candidacy of the Honorable Noel C. Taylor, 5~yor of the City of Roanoke, for First Vice-President of the Virginia N~nioipal League. WHEREAS, the Honorable Noel C. Taylor, ~yor of the City of Roanoke, is currently serving as Second Vice-President of the Vir- ginia Municipal League (VML), and this Council is desirous of en- dorsing and supporting his candidacy for First Vice-President of VAIL; WHEREAS, Dr. Noel C. Taylor has served as Pastor of High Street Baptist Church since 1961, and as a member of Roanoke City Council since 1970; WHEREAS. Dr. Taylor was 1975, and thereafter he was first appointed Mayor elected by the people and 1984, and has held Roanoke's eleven years; highest in October, in 1976, 1980, elective office for ¥~EREAS, during Mayor Taylor's tenure on Council he has sponsored a Fair Housing Plan and an Affirmative Action Plan, both of which have been successfully implemented, and while Dr. Taylor has served as 5~yor, the City of Roanoke has been honored by receiving the Ail Ameriea City Award in 1979 and 1982; WHEREAS. 5~yor Taylor is widely recognized as an articulate spokesman for the causes of community progress and human dignity, and he is respected and revered by rich and poor, black and white, young and old and Democrat and Republican; and WHEREAS, ~yor Taylor has had wide and varied experience in education, the ministry and in government and politics, and in the Office cf First Vice-President of VML his skills and abili- ties would be a valuable asset in furthering the important work of ~L; THEREFORE, BE IT RESOLVED as follows: 1. The Council of the City of l~anoke wholeheartedly en- dorses the candidacy of the Honorable Noel C. Taylor, ~myor of the City of Roanoke, for the office of First Vice-President of VML. 2. The City Clerk is directed to forward an attested copy of this resolution to the Members of the Executive Committee of VML and to the men. ers of the Nominating Committee appointed for the purpose of recommending a slate of officers 1986 Annual Conference. ATTEST: for V~,IL for the City Clerk. August 27, 1986 File #17-132 Mr. R. Michael Amyx Executive Director Virginia Municipal League P. O. Box 12203 Richmond, Virginia 23241 Dear Mr. Amyx: I am enclosing copy of Resolution No. 28338, expressing the desire of the Council that the City of Roanoke be the site for the 1991 Annual Meeting of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, ,~ Mary F. Parker, C~IC m City Clerk MFP:se Enc. Room 456 Municipal Building 215 Church Av~'~ue, S.W. Roanoke, Virginia 24011 (703) 981-254~1 August 27, 1986 File #17-132 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 28338, expressing the desire of the Council that the City of Roanoke be the site for the 1991 Annual Meeting of the Virginia Municipal League, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, Mary F. Parker, CHC City Clerk MFP:se Enc. cc: Mr. Wilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 215 Church Avenue, 5.W. Roanoke, Virginia 24011 (703) 981-2541 REQUEST FOR! CONSIDERATiOI~ AS 199~ VML CONFERENCE SITE Local i ty: .gi~y of Roanoke AVAILABLE HOTEI~ FACILITIES: HOTEL ~' NUMBER OF SLEEPING ROOMS Roanoke ,[_Marriot ~ I~hsratoa 319 ¢l~clut~e ii under construc~l 1~5 OPPICIA~T(I' MAKE PRESENTATION TO TIME AND PLACE COMMITTER OR SUNDAY, ,SEFI'ENBER 2~, ~986 · .~~ewiewe~_the Time and Place the pro~lslons therein. app~o~in~ ~h is Title selection criteria and agree to A resolution from-our council/ request for consideration is attached. ( ayor/Manager ) This form must be returned no later than 5:00 p.m. September 8, 1986 to: R. Michael Amyx Executive Director Virginia Municipal League Post Office Box 12203 Richmond, Virginia 2324~ *Joint package, geographically adjacent facilities IN THE COUNCIL OF THE CITY OF ROANOKE, The 25th day of August, 1986. VIRGINIA, No. 28338. A RESOLUTION expressing the desire of this Council that the City of Roanoke be the site for the 1991 Annual Meeting of the Virginia Municipal League. WHEREAS, the City of Roanoke offers a unique blend of shopping, entertainment, cultural attractions and a sense of place born of authentic history; WHEREAS, the City has completed Downtown Revitaliz. ation, including, among other things, a cultural center for all of western Virginia known as Center in the Square, a renovated Market Street, an Intermodal Transportation Center, new shops and restaurants and parking facilities; WHEREAS, by 1991, the City will have completed the renovation of Henry Street which will offer special entertainment, dining and shopping opportunities on the restored site of what was once the center of Black social, cultural, business and religious life in western Virginia; WHEREAS, the Roanoke Neighborhood Partnership is a model for promoting citizen involvement to implement neighborhood improvement projects and revitalization; WHEREAS, this Council is desirous of serving as the host for the 1991 Annual Meeting of the Virginia Municipal League (VML); THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby officially expresses its desire to host the 1991 Annual Meeting of VML. 2. The Mayor and the City Manager or their designees are hereby authorized to make an appropriate presentation on behalf of the City to the Time and Place Committee of VNIL at VML being held in Norfolk, Virginia. 3. The City Manager is by VML to be completed by a conference site. the 1986 Annual ~'~eting of authorized to execute any forms required locality desiring to be considered as a ATTEST: City Clerk. CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION TO: Mr. Wilburn C. Dibling, Jr., City Attorney FROM: Mayor Noel C. Taylor ~/~¢T~ SUBJECT: Preparation of Measure for August 25 Council DATE: August 19, 1986 Meeting Please prepare the appropriate measure for consideration by Council at its regular meeting on Monday, August 25, 1986, inviting the Virginia Municipal League to hold its Annual Meeting in the City of Roanoke in 1991. Your usual prompt and courteous assistance will be appreciated. NCT:se