No preview available
HomeMy WebLinkAboutCouncil Actions 08-04-97ROANOKE CITY CO UNCIL REGULAR SESSION August 4, 1997 2:00 p. na CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Mayor Bowers was absent. The Invocation was delivered by Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Council Member Carroll E. Swain. Welcome. Vice-Mayor Linda F. Wyatt. The City Manager introduced Angelita Plemmer, Public Information Officer, who assumed the position effective August 4, 1997. File/t104-184 2 0 Meetings of Roanoke City Council are televised hve on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, August 7, 1997, at 7:00 p.m. Roanoke City Council will hold a workshop on Tuesday, August 12 at 2:00 p.m. (ffneeded) in the Emergency Operations Center Conference Room, Room 159, Municipal South, 215 Church Avenue, S. W., with regard to a report of the Modified Election District Task Force. THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE MONDAY COUNCIL MEETING TO PROVIDE SUFFICIENT TIME ~FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, MUNICIPAL BUILDING, OR AT 853-2541. CONSENT AGENDA C-1 (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Qn~alification of Michael L. Ramsey as a member of the Roanoke Public Library Board for a term ending June 30, 2000. RECOMMENDED ACTION: Receive and file. File #15-110-323 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: o ao Request to address Council with regard to the City of Roanoke Pension Plan. Richard B. Sarver, Roanoke Fire Fighters Association, Spokesperson. (5 minutes) Referred to the City of Roanoke Pension Plan Board of Trustees for study, report and recommendation to Council no later than Monday, November 3, 1997. File #5-184-429 PETITIONS AND COMMUNICATIONS: ao A communication fi.om Vice-Mayor Linda F. Wyatt and Council Member William White, Sr., recommending adoption of the Roanoke City Council Vision Statement, as amended. Adopted Resolution No. 33517-080497. (6-0) File #72-132-175-404-467-450 5. REPORTS OF OFFICERS: a. CITY MANAGER: None. ITEMS RECOMMENDED FOR ACTION: A report recommending execution of the 1997-98 HOME Investment Partnership Program Agreement with the Roanoke Redevelopment and Housing Authority in order to implement certain HOME activities, and permit reimbursement to the Housing Authority for costs incurred. Adopted Resolution No. 33518-080497. (6-0) File #72-178-236 4 Council voted to reconsider a report of the City Manager recommending acceptance of a matching grant through the Clean Sites Program from the Virginia Department of Housing and Community Development, for the purpose of supporting the Gainsboro Professional Park Project. Adopted Budget Ordinance No. 33419-080497 and Resolution No. 33520-080497. (6-0) File #60-6%165-178-200-236 A report recommending execution of a Community Development Block Grant Sub Recipient Agreement with the Roanoke Redevelopment and Housing Authority in order to implement certain CDBG acttMties, support HOME activities, and permit reimbursement to the Housing Authority for costs incurred. Adopted Resolution No. 33521-080497. (6-0) File 072-178-200-236-450-488 A report recommending reappropriation of funds previously appropriated in the fiscal year 1996-97 General Fund budget. Adopted Budget Ordinance No. 33522-080497. (6-0) File #20-60-77-270-304-305-472 A report recommending execution of Amendment No. 2 to the City's contract with Black & Veatch, in the amount of $140,880.00, for additional engineering services relating to the Roanoke River Interceptor Sewer Replacement Project; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 33523-080497 and Resolution No. 33524-080497. (6-0) File #27-53-60-405 A report recommending execution of an amendment extending the City's contract with Wheelabrator Clean Water Systems, Inc., for removing, transporting and disposing of digested lagooned sludge fi:om the City's Water Pollution Control Plant. Adopted Ordinance No. 33525-080497. (6-0) File #27-468 Regarding future reports, Council Member Swain requested that the City Manager provide addresses of successful bidders/contractors. File #132 A report recommending endorsement of a break in the limited access line to allow pedestrian and bicycle access at the 1-581/Valley View Boulevard interchange bridge. Adopted Resolution No. 33526-080497. (6-0) File #20-77-379-514 A report recommending execution of Change Order No. 1 to the City's contract with Crowder Construction Company, for a credit in the mount of $115,923.00, in connection with the Tinker Creek Interceptor Sewer Replacement Project. Adopted Ordinance No. 33527-080497. (6-0) File #27-472 A report with regard to an amendment to the Garden City Property/Relocation Program Acquisition Policy. Adopted Ordinance No. 33528-080497. (6-0) File #165-166-188-237-468 A report recommending execution of a three year contract with American Electric Power for electrical service according to a new rate schedule. Withdrawn. 10. 11. 12. 13. 14. A report recommending acceptance and appropriation of Fire Program Fund Grant monies t~om the Commonwealth of Virginia's Department of Fire Programs. Adopted Budget Ordinance No. 33529-080497 and Resolution No. 33530-080497. (6-0) File #60-70-472 A report recommending acceptance of an interim Medicaid reimbursement rate settlement, and execution of the Provider Consent Form si~ifying the City's agreement to such settlement. Adopted Resolution No. 33531-080497. (6-0) File #70-72-354 A report recommending appropriation of fimds and approval of additional positions for Welfare Reform and Day Care Services. Adopted Budget Ordinance No. 33532-080497. (6-0) File #60-72-184 A report recommending appropriation of additional funds tota_iing $1,057,242.00, received l~om the Governor's Employment and Training Department, for continuation and implementation of certain programs by the Fifth District Employment and Training Consortium. Adopted Budget Ordinance No. 33533-080497. (6-0) File #60-72-236-246 A joint report of the City Manager and Director of Finance recommending endorsement of the Capital Improvement Program for fiscal years 1998-2002. Adopted Resolution No. 33534-080497. (6-0) File #27-32-40-53-57-67-102-166-217-450-467-514 bo DIRECTOR OF FINANCE: 1. A financial report for the fiscal year ended June 30, 1997. Received and irded. File #1-10 REPORTS OF COMMITTEES: A report of the Bid Committee recommending execution of a contract with Haymes Brothers, Inc., in the total amount of $502,357.75, for construction of an Industrial Access Roadway to serve Roanoke Electric Steel Corporation; and appropriation of fimds in connection therewith. Council Member John H. Parrott, Chairperson. Adopted Budget Ordinance No. 33535-080497 and Ordinance No. 33536-080497. (6-0) File #60-207-514 bo A report of the Bid Committee recommending acceptance of the bid submitted by Lanford Brothers Company, Incorporated, in the total amount of $143,134.00, for repair of bridges at Bridge Street and at Dale Avenue; and appropriation of fimds in connection therewith. Council Member John H. Parrott, Chairperson. Adopted Budget Ordinance No. 33537-080497 and Ordinance No. 33538-080497. (6-0) File #60-102-514 do A report of the Bid Committee recommending award of a lump sum contract to Danis Heavy Construction Company, in the mount of $16,690,000.00, for upgrade and expansion of the Water Pollution Control Plant; and transfer of funds in connection therewith. Council Member John H. Parrott, Chairperson. Adopted Budget Ordinance No. 33539-080497 and Ordinance No. 33540-080497. (6-0) File #60-468 A report of the Water Resources Committee recommending acquisition of certain property fights needed by the City for intersection widening in connection with installation of a traffic signal at Colonial Avenue and McNeil Drive, S. W. Vice-Mayor Linda F. Wyatt, Chairperson. Adopted Ordinance No. 33541-080497. (6-0) File #20-28-30-467-514 A report of the Water Resources Committee recommending an extension of the lease agreement between the City and Orvis Roanoke, Inc., for space in the Market Square Parking Garage building. Vice-Mayor Linda F. Wyatt, Chairperson. Adopted Ordinance No. 33542 on first reading. (6-0) File #373-516 0 UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 9 bo Co Ordinance No. 33502, on second reading, amending and reordaining certain sections of the 1997-98 Capital Projects Fund Appropriations, relating to construction and dedication of the 1-581 Interchange at Valley View - Phase I and Valley View Boulevard Extended. Adopted Budget Ordinance No. 33502-080497. (6-0) File #20.28.60.77-200-217-450-455-467-514 Ordinance No. 33503, on second reading, authorizing execution of an agreement with Faison Realty Equities, Inc., Valley View Associates Limited Partnership, Hersch Associates Limited Partnership, and FCD- Shenandoah Limited Partnership providing for certain obligations concerning the construction and dedication of the 1-581 Interchange at Valley View Boulevard - Phase I and Valley View Boulevard Extended; authorizing the execution of an agreement with the Roanoke City School Board related to properties needed for road construction; and authorizing the execution of appropriate documents by the proper City officials to provide for the dedication of 10,880 sq. ft., more or less, of permanent right-of-way and 24,044 sq. ft., more or less, of temporary construction easement to the Commonwealth of Virginia and/or VDOT for the 1-581 Interchange and the dedication for street purposes of 26,554 sq. ft., more or less, of permanent right-of-way, and 12,052 sq. ft., more or less, of a 20-foot temporary construction easement for Valley View Boulevard Extended. Adopted Ordinance No. 33503-080497. voted no.) File #20.28-77-200-217-450-455-467-514 (5-1, Vice-Mayor Wyatt Ordinance No. 33505, on second reading, amending and reordaining certain sections of the 1997-98 Capital Projects Fund Appropriations, relating to execution of Change Order No. 4 to the City's contract with Mattem and Craig, Inc., for consulting services in connection with the 1- 581 Interchange project. Adopted Budget Ordinance No. 33505-080497. (6-0) File 020-60-77-217-379-405 l0 do Ordinance No. 33507, on second reading, authorizing the City Manager to enter into an agreement authorizing the Garden City Recreation Club to construct a structure at Garden City Park, upon certain terms and conditions. eo Adopted Ordinance No. 33507-080497. (6-0) File #67-166-467 Ordinance No. 33516, on second reading, rezoning a 1.96-acre tract of land located on Orange Avenue, lq. E., (Route 460 East), described as Official Tax Iqo. 7140114, fxom LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 33516-080497. (6-0) File #51 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Vice-Mayor and Members of City Council. The City Attorney was instructed to prepare the proper measure memorializing the late William W. Field for consideration by Council at its next regular meeting on Monday, August 18, 1997. File #367 Council Member Swain referred to operations of BFI Roanoke Valley Materials Recovery Facility, 341 24th Street, N. W., and expressed .concern with regard to a compliance report prepa, red by the...V, irgima Department of Environmental .Quality in which the facd~ty received numerous marginal or unsatisfactory ratings. He concerns expressed by residents of the area called attention to .. regarding dust and odor from the facility, and alluded t.o a request of BFI to increase the processing of refuse from approyamately 210 t. ons .to 350 tons per day. He requested that the City M...anager mvestigate the matter and obtain a clarification of defimtions of criteria factors used in the DEQ compliance report. Vice-Mayor Wyatt inquired as to whether BFI is in compliance with its license permit to operate as a recycling facility. The matter was referred to the City Manager and the City Attorney to take the necessary steps to protect the interests of the citizens of the City of Roanoke. File #132.144-199-282-322 b. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10.HEARING OF CITIZENS UPON PUBLIC MATTERS: Mr. Robert Gravely, 1524 Hanover Avenue, N. W., appeared before Council and advised that through God, there is money to be programmed to the City of Roanoke for certain work that needs to be done. File #66-132-175 . , TS THIS TIME AS A PRIORITY FOR OUR CITY COUNCIL SE __ NS' TIME TO SPEAK S TO BE HEARD. 1'1' IS THE CITIZE ...... .~.,.TG CITIZEN __ ~ ~o~n~ MATTERS Rl~llu,t~t~ AND COUNCIL'S TIME__.~.o-~-~,,~R WILL BE REFERRED, REFERRAL TO THE CI~.I~x__.~v~,~'Ly FOR ANY NECESSARY WITHOUT OBJECTIO_N_~_I_M_~M~Y~o~~IMENDATION ORREPORT AND APPROPRIATE RESI'o~, ~ ..... BACK TO COUNCIL. 12 August 4, 1997 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Please reserve space on Council's agenda for an approximate one hour briefing regarding Welfare Reform to be presented by Ruth Hendricks, Employment Services Supervisor, Department of Social Services. Respectfully submitt~ W. Robert Herbert City Manager WRH:GDR:afm cc: City Attorney Director of Finance Top Ten Reasons To Hire Welfare Recipients 1. An Available Workforee-- Welfare recipients around the State are eager to begin working and transitioning to independence. 2. A Stable Employee--Welfare recipients receive State-paid child care, transportation, and medical assistance for up to three years. 3. A Work-Prepared Applicant--Welfare recipients receive work- preparedness training before placement. 4. A Skilled Employee--Many welfare recipients already have the training and education suited to employer needs. o Pre-Screening, No-Cost Referral--Local social service offices will pre- screen welfare recipients to make accurate job matches, at no charge to your business. Ongoing Professional Supervision--Local caseworkers monitor the performance of working welfare recipients and can sanction inappropriate client behavior. o A Chance To Change the Welfare Culture--Successful welfare reform requires private sector jobs that move welfare recipients away from dependence on government. 8. Possible Employer Incentives--Eligible employers can receive mx credits and inducements for hiring welfare recipients. 9. Community Enhancement--Employment reduces welfare rolls while strengthening community fabric and creating new consumers. 10. Access To Partnerships-- Governor Allen and statewide business leaders are forming industry-wide hiring partnerships to facilitate efficient placement and hiring of welfare recipients into many businesses. Yours may be one of them! MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File #15-110-323 Marc J. Small, Chair Roanoke Public Library Board 713 First Street, S. W. Roanoke, Virginia 24016 Dear Mr. Small: This is to advise you that on July 30, 1997, Michael L. Ramsey qualified as a member of the Roanoke Public Library Board for a term ending June 30, 2000. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Beverly A. James, Secretary, Roanoke Public Library Board Sandra H. Eakin, Deputy City Clerk H:~,GENDA. gT~AUG.4 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Michael L. Ramsey, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Public Library Board for a term ending June 30, 2000, according to the best of my ability. So help me God. Subscribed and sworn to before me this ~O~day of ~~1997. ARTHUR B. CRUSH, III, CLERK BYe, DEPUTY CLERK H:~.GENDA, 971,JULY.21 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File #5-184-429 F. Wiley Hubbell, Chair City of Roanoke Pension Plan Board 'of Trustees 3712 Peakwood Drive, S. W. Roanoke, Virginia 24014 Dear Mr. Hubbell: I am enclosing copy of remarks of Richard B. Sarver, representing the Roanoke Fire Fighters Association, with regard to certain proposed improvements to the City of Roanoke Pension Plan, which remarks were before the Council of the City of Roanoke on Monday, August 4, 1997. On motion, duly seconded and adopted, the matter was referred to the City of Roanoke Pension Plan Board of Trustees for study, report and recommendation to Council no later than Monday, November 3, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~,GENDA.97~UG,4 F. Wiley Hubb_e!l_, Chair City of Roanoke Pension Plan Board of Trustees August 7, 1997 Page 2 pc: W. Robert Herbert, City Manager James D. Grisso, Secretary, City of Roanoke Pension Plan Board of Trustees Diane S. Akers, Budget Administrator, Office of Management and Budget H:~,GENDA.97~AUG.4 Presentation by Richard Sarver to Roanoke City Council Roanoke City Employee Pension Plan August 4, 1997 Thank you Vice Mayor Wyatt and members of council Last year I appeared before council and presented an actuarial study of the City of Roanoke Pension Plan. We asked council to make changes in the system that would save the city money in its contribution to the plan and also to make improvements that would benefit employees. Four minor changes were made to benefit employees and two changes were made that decreased the City's co,ntribution rate by 1.1%. The net result was an estimated $495,900 in annual savings to the City. Today I am here again on behalf of City employees to ask for improvements to our system: 1. Increase the multiPlier rate from the present 2% to 2.3% for all City employees over the next three years with a maximum of 70°,4 of final average salary. 2. Change spousal options: unreduced 50% survivor annuity to all City employees. Reduction of normal retirement to 25 years of service for public .safety employees and 30 years for general employees regardless of age with no penalty. How can improved benefits to its employees help the City? 1. If employees know they can retire at a reasonable age with reasonable benefits they will be better employees. 2. The City presently has two pension system, commonly called the old system and the new system. By making improvements in the new system, employees in the old system would be given the opportunity to switch, and perhaps we could have one system that would be an obvious help in bookkeeping. 3. Senior employees at or near the top of their pay range would have more incentive to retire and be replaced by employees at the lower end of the pay range. 4. The City, being serf-insured for workman's compensation, would benefit from savings in job-related disabilities by having a younger work force. This is especially true with public safety employees due to state presumption laws. Last year, the BOard of Trustees reported that our system was competitive with the eleven other plans in the Commonwealth of Virginia, therefore they could see no reason to make any major changes in our system. Page 2 We have reports that show the City of Newport News, the City of Richmond, the City of Norfolk, and Fairfax County have all made changes and increased benefits in their plans. The Virginia Retirement System (VRS) had bills before the state legislators that would increase benefits to their system. We feel that even if we are competitive with the other systems in the state, the City of Roanoke has the opportunity to be the leader in this field. In conclusion, thanks to Mr. G-risso and his staff (and the stock market), the City of Roanoke Pension Plan is well managed and well funded. When I was here last year in March, the assets of the system were $170 million, by June 30, 1996 they had increased to $212.5 million, and by June 30 of this year they had reached $261.2 million, a return of 22.9% in one year's time. There is money available in the pension system at this time to improve benefits to ail City employees. We urge you to use your influence as leaders of this City to have the Pension Board come back with a positive recommendation to our concerns. Thank you. Page 3 City of Roanoke Pension Plan Value of 3-31-97 Portfolio Invesco (Balanced) Provident Equity - Growth State Street- Value International Equity Provident Fixed Income Holding Account (Short-term Fixed) Assets in 131.5 33.5 29.3 10.2 15.9 6.5 % Total Fund ,, 57.9 14.8 12.9 4.5 7.0 Value of 6-30-97 Portfolio Invesco (Balanced) · Provident Equity - Growth State S~eet- S&P temauoma Equity ~d~t ~ In~ V~ue Mum~ ~~ Hol~g ~~t ISh - Assets in (MM'si 104.5 20.5 44.6 29.5 14.2 16.4 18.6 5,6 % Total Fund 41.2 8.1 17.6 11.6 5.6 6.4 7.3 2.2 City of Roanoke Pension Plan PENSION QUOTATION This quotation was prepared on 02/13/1997 fort Name .................. : SARVER, RICHARD B Birthdate ............. ~ 04/08/1940 Social security # ..... : 227-56-5011 SYstem ................ : EMPLOYEESt SUPPLEMENTAL RETIREMENT SYSTEM ************************************* PROJECTED DATA--~ ..... > Date of Retirement ...... ~ 07/01/1997 hal Average.Earnings. =~ 41,672.90 Credited Servlce ....... ~ 33 YEARS 07 MONTHS ESTIMATED RETIREMENT BENEFIT .... > Pension Amount .......... : SPOUSAL OPTIONS ....... Spousal option OPTIONAL 50% ELECTION OPTIONAL 75% ELECTION OPTIONAL 100% ELECTION 2,083 Per Month You receive (monthly) 1,875 1,764 1,654 Your spouse receives after your death (monthly) 937 1,323 1,654 **DISCLAIMER: This quotation is only an estimate of projected benefits based on the projected data listed above. Jame~~ D. Grisso Secretary-Treasurer RECEIVED CITY OF ROANOKE Doris B. Peters RetirementAdrninistrator / 11:37 LAN August 7, 1997 Honorable Chairman and Members City of Roanoke Pension Plan Board of Trustees Dear Mr. Hubbell and Trustees: Mr. Richard B. Sarver, President of the Roanoke Fire Fighters Association appeared before City Council on August 4, 1997 and requested certain enhancements to pension benefits. Three specific requests were made: Increase the current multiplier of 2% to 2.3% for ~ll City employees over the next three years with a maximum of 70% of final average compensation. (Currently the maximum is 60%) July 1, 1998 2.1% July 1, 1999 2.2% July 1, 2000 2.3% 2 Change spousal options: No reduction of pension for 50% employees. survivor annuity for all City Eliminate normal retirement age requirements of age 50 for public safety employees and age 55 for general employees. City Council referred the request to the Board of Trustees with the expectation of our response being presented to City Council in November 1997. 215 Church Avenue, Room 461, P.O. Box 1220 · Roanoke, Virginia 24006 · (540) 853-2062 · Fax: (540) 853-2940 Honorable ChaJnuan and Members City of Roanoke Pension Plan Board of Trustees August 8. 1997 Page 2 We have scheduled a Board of Trustees meeting on August 25, 1997, at 2:00 p.m., to discuss this issue and chart a course of action. Please contact me ff you have any questions. Sincerely, James D. Grisso Secretary-Treasurer JDG:s Enclosure CC: Wilbum C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk Doris Peters, Retirement Administrator Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk August 7, 1997 File #72-132-175-404-467-450 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33517-080497 adopting the Roanoke City Council Vision Statement, including two amendments recommended by the Cultural Services Committee. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment pc: Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance VVillard N. Claytor, Director of Real Estate Valuation Robert H. Bird, Municipal Auditor William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations George C. Snead, Jr., Director, Public Safety Glenn D. Radcliffe, Director, Human Development Barry L. Key, Manager, Office of Management and Budget Diane S. Akers, Budget Administrator, Office of Management and Budget Deborah J. Moses, Assistant to the City Manager for Special Projects H:~AGENDA.97~UG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33517-080497. A RESOLUTION adopting the Roanoke City Council Vision Statement. WHEREAS, for the past several months, this Council has been working to develop a Vision Statement to help guide the decisions of Council into the 21 st Century; WHEREAS, this Council preliminarily adopted a Vision Statement on August 19, 1996; WHEREAS, two amendments to such Vision Statement have been recommended by the Cultural Services Committee; and WHEREAS, this Council is desirous of adopting the Vision Statement as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Vision Statement attached to the report of Linda F. Wyatt, Vice-Mayor, and William White, Sr., Council Member, dated August 4, 1997, including the two amendments recommended by the Cultural Services Committee, is hereby adopted as the Roanoke City Council Vision Statement. ATTEST: City Clerk. ~ayor CITY OF ROANOKE CITY COUNCIL .. 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 . ? Fax: (540) 853-1145 ' August 4, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Council Members: C. NeLson Harris John H. Parrott Carroll E. Swain James O. Trout William White, Sr. Linda F. Wyatt SUBJECT: Adoption of Vision Statement by City Council Dear Mayor Bowers and Members of City Council: City staff briefed City Council on the status of the visioning process on Monday, July 21, 1997. As part of that briefing, staff pointed out that two amendments have been suggested to the draft vision statement adopted by Council on August 19, 1996. The amendments were suggested by the Cultural Services Committee appointed by City Council, and are highlighted on the attached amended vision statement. We are in concurrence with the suggested amendments and recommend them to City Council for inclusion in the vision statement. Furthermore, we recommend that City Council adopt the vision statement with these amendments at its regular meeting on Monday, August 4, 1997. Staff can then proceed with the appropriate next steps in the visioning process as pointed out in the July 21st briefing, which are: Continue to condense and refine the visioning data to be more meaningful to vision implementation teams - identify priority issues; Continue the work already begun to address priority issues identified by the process; Initiate a benchmarking/performance measurement project in cooperation with a regional benchmarking effort; Engage citizens and the Leadership Team in the development of measurable goals and objectives for the priority issues; Continue to integrate the visioning initiative within the business structure of city government; and Communicate progress through an annual performance report. Thank you in advance for your interest in this important effort. Sincerely, William White, Sr. Council Member Sincerely, Linda F. Wyatt Vice-Mayor Attachment cc: Mary F. Parker, City Clerk W. Robert Herbert, City Manager Wilbum C. Dibling, City Attomey James D. Grisso, Director of Finance Deborah J. Moses, Assistant to the City Manager Barry L. Key, Manager, Management and Budget Roanoke City Council Vision Statement Roanoke, "The Star City," appreciating its past and planning for a shining future, will be a community of excellence, providing an outstanding quality of life through educational, economic and cultural opportunities for all people who live, work and visit here. Effective Government Roanoke City government will be a leading force in shaping and achievittg the future of our community. We will be participatory, responsive, and efficient, valuing diverse community involvement, public/private partnerships, and regional cooperation. Citizens will be involved in the establishment of community priorities. Our facilitative government will bring together all available resources to meet the challenges of the 21 st century. Economy Roanoke, with its vibrant dowtttown, will be a dynamic, diversified regional center of commerce and tourism, competing effectively itt the global economy. To enhance economic opportunities, we will promote regional cooperation, nurture growth in existing business, and recruit attractive new business and industry. Roanoke will be a destination for people seeking a unique combination of scenic, cultural, and recreational attractions. Education Roanoke will be a "learning" communiO¢ providing the necessao, educational resources attd opportunities for ail persotts to develop to their maximum potentials. Through community involvement and the latest technology, we will provide quality public education. We will strengthen our cooperation with area colleges and universities and expand continuing education to promote an environment of life-long learning. Quality of Life Roanoke will be a communiO, where ever)' person and every family is important and respected. We will be a community of stable, safe, healthy, caring, and friendly neighborhoods. We will protect our natural environment and promote cultural, social, economic, and recreational opportunities that encourage present and future generations to choose Roanoke as their home. Draft Adopted by City Council on August 19, 1996, with amendments suggested by the Cultural Services Committee underlined. MARY lq'. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File #72-178-236 John P. Baker Executive Director Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Mr. Baker: I am enclosing copy of Resolution No. 33518-080497 authorizing the appropriate City officials to enter into the 1997-98 HOME Investment Partnership Program Agreement, and any necessary amendments thereto, with the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA.g'P, AUG,4 John P. Baker Executive Dir~-ct~r Roanoke Redevelopment and Housing Authority August 7, 1997 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development William F. Clark, Director, Public Works Ronald H. Miller, Building Commissioner H. Daniel Pollock, Housing Development Coordinator Frank E. Baratta, Grants Compliance Monitor Diane S. Akers, Budget Administrator, Office of Management and Budget H:L~,GENDA.g?~AUG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33518-080497. A RESOLUTION authorizing the appropriate City officials to enter into the 1997-98 HOME Investment Partnership (HOME) Program Agreement, and any necessary amendments thereto, with the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, the 1997-98 HOME Investment Partnership (HOME) Program Agreement with the Roanoke Redevelopment and Housing Authority, and any necessary amendments thereto, if necessary, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's report dated August 4, 1997. ATTEST: City Clerk. H: RES~R-H©ME.RRH Roanoke, Virginia August 4, 1997 97-30 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: 1997-98 HOME Agreement with Authority (RRHA) Investment Partnerships Program the Roanoke Redevelopment and (HOME) Housing Historically, the RRHA has administered a variety of HOME programs for the City, including housing rehabilitation and homebuyer assistance. Ci_ty Council authorized the RRHA's 1997-98 HOME activities and fundinE as part of the Annual Update to the Consolidated Plan (Annual Update) approved for submission to the U.S. Department of Housing and Urban Development (HUD) on May 12, 1997, by Resolution No. 33402-051297. City. Council accepted the 1997-98 HOME fund~ on June 16, 1997, pending receipt of the approval letter from HUD, by adopting Resolution No. 33432-061697 and Budget Ordinance No. 33431-061697. Do HUD approved the Annual Update by letter dated July 1, 1997, and received by the City on July 3, 1997. II. Current Situation: A total of $867,433 in HOME funds has been budgeted for the RRHA's 1997-98 HOME Agreement. $439,256 in HOME funds are budgeted for the RRHA's 1997-98 project costs for three (3) HOME-funded activities: ao Consolidated Local Rehabilitation Loans -- Grants and/or loans to eligible homeowners and homebuyers and to owners of substandard rental properties for housing rehabilitation. Downpayment/Closing Costs -- Grants to eligible homebuyers to reduce the cash required to purchase a home newly constructed by the RRHA. Members of Council Page 2 Bo Co Homeownership Opportunities Program (.HOP) Subsidy - Funding to the RRHA to subsidize part of the costs of constructing new housing under the HOP. $36,401 in HOME funds are budgeted for the RRHA's 1997-98 administrative costq relating to the HOME-funded activities. $391,776 in carry-over funds from last year's agreement will be included in the 1997-98 RRI-IA agreement to complete rehabilitation and homebuyer projects which were in progress on June 30, 1997, the end of the prior program year. An additional $235,220 in Community Development Block Grant (CDBG) funds for staff and other support costq directly attributable to delivering the HOME activities is being budgeted under a separate CDBG Agreement with the RRHA to be authorized by Council. HOME funds must be matched at a rate of 12.5%, which does not apply to "administrative" funds or to Grant Year 1992 funds. The match requirement for the RRHA contract will be $103,559. Match sources include cash as well as in- kind contributions from non-federal sources. No outlays of City funds will be needed to meet the match requirement. City_ Council must approve execution of an Agreement with the RRHA in order to implement the HOME activities and permit payment to the RRHA for costs incurred. III. Issues: IV. B. C. D. E. Cost to the City. Administrative capability. i_imiag. Impact on neighborhood revitalization. Consistency with the Annual Update. Alternatives: A. Authorize the City. Manager or the Assistant Ci.ty Manager to execute, and the City Members of Council Page 3 Bo Clerk to attest, the 1997-98 HOME Agreement with the RRHA (similar in form and content to Attachment 1) and amendments thereto, if necessary, approved as to form by the City_ Attorney, within the limits of funds and the purposes set forth in this report, Cost to the City will be $867.433 in HOME funds, which includes the amount needed to complete carry-over projects. Funding is available in the HOME accounts listed in Attachment A. 1. of the Agreement. Administrative capability will be assured by executing the Agreement. The RRHA possesses extensive knowledge and experience in the types of activities to be conducted. Timing is important. Housing activities and payments to the RRHA cannot be implemented in the absence of an Agreement. Impact on neighborhood revitalization will be positive. These HOME activities will assist the purchase and/or rehabilitation of approximately 80 housing units. As a result, the appearance, property values and stability of our neighborhoods will be enhanced, and the City's stock of decent, affordable housing will increase. o Consistency with the Annual Update will be achieved. The activities and funding covered by the Agreement are specifically authorized in the Annual Update for implementation by the RRHA. Do not authorize execution of the 1997-98 HOME Agreement with the RRHA. Cost to the City is unclear at this time. Funding would remain available, but other arrangements would have to be made to establish a comparable administrative capability within the City government structure or through contracts with external agencies. Administrative capability would be negatively affected. While some City staff would be able to perform certain functions, the range of knowledge and experience would be difficult to replace. IJmiag would be adversely affected. There would be significant delays in making rehabilitation and homebuyer assistance available to the community. 4. Impact on neighborhood revitalization would be negative if assistance with Members of Council Page 4 Mo the purchase and/or rehabilitation of housing was delayed or withdrawn. Consistency with the Annual Update would not be achieved, since the RRHA is specifically identified as the agency which will conduct the activities covered by the Agreement. Recommendation: Concur with Alternative A, authorizing the City Manager or the Assistant City Mana~,¢, to execute, and the City Clerk to attest, the 1997-98 HOME Aereement with the RRI~A (similar in form and content to Attachment 1) and amendments thereto, if necessary, approved as to form by the City Attorney, within the limits of funds and the purposes forth in this report. WRH: FEB Respectfully submitted, W. Robert Herbert City Manager C.' Assistant City Manager City Attorney Director of Finance Director of Human Development Director of Public Works Housing Development Coordinator Office of Grants Compliance Executive Director, Roanoke Redevelopment and Housing Authority Attachment 1 AGREEMENT This Agreement is made and entered into this following parties: day of 1997, by and between the The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N.W. Roanoke, Virginia 24017 WITNESSETH: WHEREAS, by Resolution No. 33432-061697 the Roanoke City Council approved the 1997 HOME program and by Ordinance No. 33431-061697 appropriated funds therefor; and WHEREAS, by Resolution No. __ __ the Roanoke City Council approved the execution of this subgrant agreement between the Grantee and the Subgrantee; and WHEREAS, by Resolution No. ~ the Subgrantee's Board of Commissioners approved the execution of this subgrant agreement between the Grantee and the Subgrantee; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. USE OF HOME FUNDS: All program activities under this Agreement shall be operated in accordance with guidelines developed by the Grantee in consultation with the Subgrantee. These guidelines may be modified with the approval of the Grantee's City Manager or Assistant City Manager and the Subgrantee's Executive Director or his or her designee. (Note: Guidelines shall not be modified administratively when the result would be to add or delete program activities or otherwise fundamentally alter the nature or intent of any program activity.) Responsibilities of the Subgrantee shall include marketing and outreach, receiving and processing applications, including packaging loan applications for supplemental funding sources under part 1.e., overseeing rehabilitation, holding deeds of trust and/or homeowner grant agreements (specific to this Agreement) for the Grantee's HOME funds, and monitoring the projects after rehabilitation, in accordance with federal HOME regulations. The Subgrantee shall, in addition, be responsible for performing such duties as above as may be necessary to complete or continue progress on projects it set up in the Cash Management Information System (C/MI) that remained open as of June 30, Page 1 of 11 1997. Funding for such "carry-over" projects shall be made available from accounts designated under part 1.i. of, and Attachments A.1. and A.2. to, this Agreement. ao Consolidated Local Rehabilitation Loans Program -- The Subgrantee shall conduct a Consolidated Local Rehabilitation Loam Program to make housing rehabilitation funding available to HOME- eligible homeowners and homebuyers and to owners of substandard rental properties. A combination of active and deferred loam and grants will be offered to provide an equitable level of assistance among the different types of applicants and the activities supported. The forms of fimmcial assistance to be made available may vary with the income and age of each applicant and with the type of activity assisted. (1) T.vpes of Rehabilitation Activities Authorized -- Using HOME funds provided by the Grantee, the Subgrantee shall offer the following types of assistance in accordance with guidelines incorporated by reference into this Agreement. (a) Owner-Occupied Rehabilitation -- financial assistance for the rehabilitation of substandard homes owned and occupied by eligible families. (b) Purchase/Rehabilitation -- financial assistance for the purchase, rehabilitation, and occupancy of vacant substandard houses by eligible families. (c) Rental Rehabilitation -- financial assistance for the rehabilitation of small rental properties. (2) Enterprise II Zone and Historic Gainsboro Set-Asides -- The Subgrantee shall reserve and make available a minimum of $100,000 to assist housing in the Enterprise II Zone and $100,000 to assist housing in the Historic Gainsboro District. The Subgrantee may provide this assistance through Owner-Occupied Rehabilitation, Purchase-Rehabilitation or Rental Rehabilitation, as described above. Upon written, mutual consent by the parties hereto, any portion of either set-aside not committed to projects in the Enterprise II Zone or Historic Gainsboro Disu'ict within six months from the date of this Agreement (specified above) may be used for projects located in other eligible areas of the City. Down Payment and Closing Cost Assistance Program -- Using HOME funds provided by the Grantee, the Subgrantee shall conduct a Down Payment and Closing Cost Assistance Program. This program shall consist of grants to eligible first-time homebuyers to reduce the amount of cash required to purchase a home constructed and/or otherwise being offered for sale by the Subgrantee. The assistance shall be provided in accordance with guidelines incorporated by reference into this Agreement. Gainsboro Lot Acquisition and Homeownership Initiative Program -- The Subgrantee shall continue efforts regarding a Gainsboro Lot Acquisition and Homeownership Initiative Program to assist eligible families to purchase four homes in the Gainsboro Redevelopment/Conservation Area. The four homes to be sold under this program are 12 and 18 Gilmer Avenue, N.W. and two new homes to be constructed in Gainsboro. HOME funds will be used to acquire the parcels of land on which the new homes will be built and to provide each eligible family up to $15,000 Page 2 of 11 in homebuyer assistance. (Note: As of June 30, 1997, the property at 12 Gilmer Avenue has been sold.) do Homeownership Opportunities Program (HOP) Subsidy -- The Subgrantee shall use HOME funds provided by the Grantee to subsidize the costs of new housing constructed under the Subgrantee's HOP. Funds may subsidize any HOME-eligible hard or soft project cost directly related to each specific property assisted. eo Supplementation of Local HOME Funds with State Funds -- In order to increase the number of housing units assisted, the HOME funds provided under this Agreement by the Grantee may be supplemented by funding obtained through the Virginia Department of Housing and Community Development (DHCD) or other sources. The Grantee and Subgrantee shall coordinate any actions taken to obtain supplemental funding. Where permitted, HOME funds under this Agreement may be used to meet any matching requirements of the supplemental funding source. Revisions to activity guidelines, such as, but not necessarily limited to, changes in financing options, required to accommodate any supplemental funding shall be considered administrative in nature and shall not require amendment of this Agreement. f. Period of this Agreement: -- Unless amended, this Agreement shall be for the period beginning July 1, 1997, and ending June 30, 1998. go ~ - The Grantee and Subgrantee shall implement each program described above on July 1, 1997, in accordance with the guidelines incorporated by reference, and shall set up individual projects utilizing all the HOME funds identified in Attachment A. 1. by June 30, 1998. At the sole discretion of the Grantee, any project funds remaining uncommitted or administrative funds remaining unexpended at the end of this period may be carried over to the subsequent year or deobligated from the Agreement and used for other HOME purposes. ho Match - Funds drawn from the Grantee's HOME Investment Trust Fund must be matched in accordance with the requirements contained in 24 CFR 92.218 through 92.222. It shall be the Grantee's responsiblity to determine the amount and ensure crediting of matching funds required pursuant to this Agreement. The Subgrantee shall report regularly to the Grantee all activities which may be credited against the HOME match requirement. B.udg~ - HOME funds, as provided in Attachment A. 1., shall be made available to the Subgrantee for the respective program activities. Funding to complete projects initiated on or before June 30, 1997, listed on Attachment A.2. shall be made available from accounts designated in Attachment A. 1. to this Agreement. At the sole discretion of the Grantee, any project funds remaining unexpended upon completion of any 1996/97 carry-over project may be used for other carry-over or new projects or deobligated from the Agreement and used for other HOME purposes. 2. AFFORDABHJTY: a. The Subgrantee shall ensure that all housing units assisted with HOME funds through any program under this Agreement will adhere to the affordability requirements of 24 CFR 92.252 Page 3 of 11 and 92.254, as applicable. The Subgrantee shall require repayment of the HOME funds if the housing does not meet the affordability requirements for the specified time period. The Subgrantee shall monitor all HOME-assisted properties to ensure maintenance of their affordability for the minimum period. Monitoring procedures of the Subgrantee must be in accordance with HUD regulations. 3. PROGRAM INCOME AND REPAYMENTS: All repayments, interest and other return on the investment of HOME funds shall be returned to the Grantee within 15 days of receipt by the Subgrantee. 4. UNIFORM ADMINISTRATIVE REQUIREMENTS- The Subgrantee agrees to abide by the HUD conditions for HOME programs as set forth in 24 CFR part 92, the requirements of OMB Circular No. A-87 and the following requirements of 24 CFR part 85: 85.6, 85.12, 85.20, 85.22, 85.26, 85.32 - 85.34, 85.36, 85.44, 85.51, and 85.52. 5. PROJECT REQUIREMENTS: The Subgrantee shall comply with project requirements detailed in Subpart F of 24 CFR part 92, as applicable, in accordance with the type of project assisted. 6. HOUSING O_UAIJTY STANDARDi The Subgrantee shall include in all agreements with owners of rental housing assisted under this Agreement the provision that such units shall be maintained in compliance with applicable HUD Housing Quality Standards (HQS) and the Virginia Uniform Statewide Building Code, Property Maintenance Code for the duration of the affordability period. The form of such Agreements between the Subgrantee and property owners shall be subject to approval by the Grantee. 7. OTHER PROGRAM REQUIREMENTS. The Subgrantee shall carry out each activity in compliance with all federal laws and regulations described in subpart H of 24 CFR 92, except that the Subgrantee does not assume the Grantee's responsibilities for environmental review in 24 CFR 92.352 and the intergovernmental review process in 24 CFR 92.357 does not apply. All proposals for HOME-assisted rehabilitation in the City shall be submitted to the Grantee's Office of Grants Compliance for determination of the structure's eligibility for inclusion on the National Register of Historic Places. If property is historically eligible, all project plans and specifications will be submitted to the Grantee's Office of Grants Compliance for review as to compliance with Section 106 of the National Historic Preservation Act. 8. AFFIRMATIVE MARKETING: Page 4 of 11 As applicable, and in accordance with 24 CFR 92.351, the Subgrantee shall include in all agreements with the owners of rental housing the provision that the owners shall comply with the Grantee's Affirmative Marketing Procedures. 9. CONDITIONS FOR RELIGIOUS ORGANIZATIONS; The Subgrantee shall not grant or loan any HOME funds to primarily religious organizations for any activity, including secular activities. In addition, HOME funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. In particular, there shall be no religious or membership criteria for tenants of any HOME-assisted properties. 10. REQUESTS FOR DISBURSEMENTS OF FUNDS. Disbursement of funds under this Agreement shall not be requested until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed for reimbursement of costs incurred. Requests for funds shall be submitted to the Grantee's Office of Grants Compliance and shall include copies of the HOME Payment Certification Form(s) for the project and/or administrative costs to be reimbursed. As requested by the Office of Grants Compliance, the Subgrantee shall furnish copies of invoices or other documentation of the project and/or the administrative costs incurred. Upon approval of the request by the Grantee's Project Manager and/or Office of Grants Compliance, the Grantee shall disburse the funds to the Subgrantee. All requests for disbursements with respect to costs incurred during the period of this Agreement, as set forth in part 1.f., must be received by the Grantee within 60 calendar days of the ending date of this Agreement. The Grantee shall not be bound to honor requests for disbursements received after this 60-day period has elapsed. 11. REVERSION OF ASSETS; Upon expiration of this Agreement, the Subgrantee must transfer to the Grantee any HOME funds on hand at the time of expiration and any accounts receivable attributable to the use of HOME funds. 12. RECORDS AND REPORTS: The Subgrantee agrees to submit such reports as may be requested by the Grantee concerning the activities conducted under this Agreement. Further, the following shall apply to financial and project records pertaining to this Agreement: a. Records to be maintained -- At a minimum, the Subgrantee shall maintain financial and project documents and records which comply with the applicable requirements of 24 CFR 92.508. (Note: See also part 4 above, including reference to 24 CFR 85.20 regarding standards for financial systems.) Page 5 of 11 bo Period of record retention -- The Subgrantee shall retain financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 92.508(c). Co Access to record.~ -- The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 92.508(d). 13. ENFORCEMENT OF THE AGREEMENT: ao In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subgrantee materially fails to comply with any term of the Agreement. This Agreement may be also terminated for convenience in accordance with 24 CFR 85.44. The Subgrantee shall be liable for repayment of HOME funds expended on any project or activity which the Subgrantee terminates prior to completion without the prior written approval of the Grantee's Office of Grants Compliance. Co The affordability provisions referenced in part 2 of this Agreement shall be enforced by written covenant between the Subgrantee and all rental property owners or bom,buyers as a condition of sale or participation in the HOME program. Covenants shall be recorded with the property deeds and deeds of trust. The form of such covenants are subject to approval by the Grantee. If affordability provisions are not met, the HOME subsidy shall be repaid to the Grantee in accordance with part 3 of this Agreement. do In all cases where the Subgrantee provides HOME funds to for-profit owners or developers, nonprofit owners or developers, subrecipients, homeowners, homebuyers, tenants receiving tenant-based rental assistance, or contractors, the Subgrantee shall have a written agreement which meets the applicable requirements of 24 CFR 92.504. 14. DURATION OF THE AGREEMENT. For the purposes of monitoring affordability by the Subgrantee, this Agreement shall be in effect through the latest date on which any housing unit assisted with HOME funds under this Agreement is subject to the affordability requirements of 24 CFR 92.252 or 92.254, as applicable. However, should the Grantee not provide the Subgrantee administrative funding for such monitoring pursuant to this or any other agreement with the Subgrantee, the monitoring and record keeping requirements of this Agreement shall revert to the Grantee. In the event of such reversion, the Subgrantee shall promptly provide to the Grantee all records and documents in the Subgrantee's possession necessary to effect such monitoring. 15. MONITORING: a. At least annually, the Grantee shall review the Subgrantee's performance and financial and other Page 6 of 11 records for compliance with the terms, conditions and expectations of this Agreement, and with applicable local, state and federal statutes, regulations, policies and procedures. b. The Subgrantee shall make on-site reviews of the activities of owners of rental housing which conform to the requirements of 24 CFR part 92.504(d)(1) ("On-site inspections"). 16. ANNUAL AUDIT: The Subgrantee shall provide for an independent, annual audit of all HOME expenditures under this Agreement, in accordance with OMB Circular A-133. Two copies of the audit report shall be furnished to the Grantee within 30 days after completion of the audit. 17. THIRD-PARTY CONTRACTS. The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 18. I~ID.F,&I/~I.TEt Each party to this Agreement shall indemnify and hold harmless the other, its officers, agents and employees, from any and all claims, liability, causes of actions, suits of any nature, costs and expenses, including reasonable attorney's fees, resulting from or arising out of the party's intentional or negligent acts or omissions with respect to the duties, rights and privileges granted in or arising under this Agreement, including without limitation, fines and penalties, violation of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage claims. In the event that the parties are jointly or concurrently negligent, each shall indemnify and hold harmless the other party to the extent of its own negligence. 19. CONFLICT OF INTEREST: No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any HOME activities, may obtain a personal or financial interest in or benefit from any of the activities, or have an interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter. 20. SUCCESSORS; This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 21. AMENDMENTS: This Agreement, including any Attachments and Exhibits, represents the entire agreement between the parties, which shall not be modified, amended, altered or changed, except by written agreement executed by the parties. Page 7 of 11 22. GOVERNING LAW; This Agreement shall be governed by laws of the Commonwealth of Virginia. 23. AVAILABH.ITY OF FUNDS: HOME Investment Partnerships Program (HOME) funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. 24. ANTI-LOBBYING: To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By Mary F. Parker, City Clerk By City Manager/Assistant City Manager ATTEST: FOR THE SUBGRANTEE: By H. Wesley White, Jr., Dir. of Development By John P. Baker, Executive Director Page 8 of 11 APPROVED AS TO HOME ELIGIBILITY APPROVED AS TO FORM Office of Grams Compliance Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Date Director of Finance Account # (See Attachment A. 1.) Page 9 of 11 1997/98 RRHA HOME Contract Financial Accounts Attachment A. 1. Account # Project (035-090-) Descrintion Admm Total Carry-Over New Total 5303-5304 General Admin * 11,533 11,533 5304-5239 General Admin * 24,820 24,820 5305-5239 General Admin 41~ 4~ Subtotals 36,401 36,401 5301-5236 Rental Rehabilitation * 2,557 0 2,557 2,557 5302-5260 Rehabilitation Loan Subsidies * 6,591 0 6,591 6,591 5303-5333 Consolidated Rehab Loans * 37,536 0 37,536 37,536 5304-5333 Consolidated Rehab Loans * 256,062 0 256,062 256,062 5305-5333 Consolidated Rehab Loans 0 386.349 386.349 386.349 Subtotals 302,746 386,349 689,095 689,095 5302-5240 Down Payment/Closing Costs * 2,156 0 2,156 2,156 5303-5240 Down Payment/Closing Costs * 22,210 0 22,210 22,210 5305-5240 Down Payment/Closing Costs 0 22.844 22.844 22.844 Subtotals 24,366 22,844 47,210 47,210 5302-5311 Gamsboro Lot/Homeownership * 36,664 0 36,664 36,664 5303-5311 Gainsboro Lot/Homeownership * 28.000 0 28,000 28.000 Subtotals 64,664 0 64,664 64,664 5305-5338 HOP Subsidy Program 0 30,063 30,063 30,063 TOTALS 391,776 439,256 831,032 36,401 867,433 · Amounts shown for these items represem the unexpended balances in the accounts. Page 10 of 11 Pr~ # 143 150 170 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 Total T.vpe OOR RR OOR OOR OOR OOR OOR OOR DCC DCC DCC DCC DCC DCC DCC OOR OOR OOR OOR OOR OOR OOR OOR OOR OOR 1997/98 RRHA HOME Contract Carry-Over Projects Balance to Pay as of 6/30/97 $7,65O.00 24,593.00 13,425.00 11,140.00 20,310.00 4,975.00 25,968.00 10,800.00 3 500.00 3 500.00 3,500.00 3,500.00 3,500.00 3,500.00 1,210.00 7,431.00 32,500.00 15,000.00 8,551.00 12,000.00 12,000.00 12,000.00 38,092.00 15,000.00 36,900.00 $330,546.00 Comments Attachment A.2. $13,425.00 disbursement requested 7/7/97 $9,250.00 disbursement requested 7/12/97 $4,975.00 disbursement requested 7/2/97 $12,950.00 disbursement requested 7/21/97 $1,210.00 disbursement requested 7/2/97 $5,000.00 disbursement requested 7/12/97 $46,810.00 disbursements requested on or after 7/1/97 Page 11 of 11 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File ~t67-165-178-200-236 Warren C. Smith, Director Department of Housing and Community Development The Jackson Center 501 N. Second Street Richmond, Virginia 23219 Dear Mr. Smith: I am enclosing copy of Resolution No. 33520-080497 authorizing acceptance of a matching grant through the Clean Sites Program from the Virginia Department of Housing and Community Development, for the purpose of supporting the Gainsboro Professional Park Project, in the amount of $100,000.00; and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA.9'/~AUG.4 Warren C. Smi~ Director Department of Housing and Community Development August 7, 1997 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works John R. Marlles, Chief, Planning and Community Development Frank E. Baratta, Grants Compliance Monitor Diane S. Akers, Budget Administrator, Office of Management and Budget H:~,AGENDA.g'~AUG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33520-080497. A RESOLUTION authorizing acceptance of a matching grant through the Clean Sites Program from the Virginia Department of Housing and Community Development, for the purpose of supporting the Gainsboro Professional Park Project, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The matching grant through the Clean Sites Program from the Virginia Department of Housing and Community Development, for the purpose of supporting the Gainsboro Professional Park Project, in the amount of $100,000.00, as set forth in the City Manager's report dated July 7, 1997, is hereby ACCEPTED. 2. W. Robert Herbert, City Manager, or his designee, is hereby authorized to execute any and all requisite documents, approved as to form by the City Attorney, pertaining to the City's acceptance of these grant funds and to furnish such additional information as may be required in connection with the City's acceptance of these grant funds. ATTEST: II RES~R-G-('I,EA IA City Clerk. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk August 7, 1997 ~' File ft60-67-165-178-200-236 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33519-080497 amending and reordaining certain sections of the 1997-98 Grant Fund Appropriations, providing for appropriation of $100,000.00, in connection with the Gainsboro Professional Park Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works John R. Marlles, Chief, Planning and Community Development Frank E. Baratta, Grants Compliance Monitor Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDA. 97~AUG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of August, 1997. No. 33519-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriation Community Development Clean Site Grant (1) ....................................... Revenue Community Development Clean Site Grant (2) ...................................... 1) Fees for Professional Services (035-052-5250-2010) $100,000 2) State Grant Receipts (035-035-1234-7237) 100,000 $ 3,263,181 100,000 $ 3,263,181 100,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager July 30, 1997 The Honorable Carroll E. Swain Roanoke City Council Member Dear Council Member Swain: You have requested advice on how to best reconsider the Gainsboro Professional Park Clean Sites Grant report discussed at the regular meeting of City Council on July 21, 1997. As you recall, you voted with the majority (3-2) but the matter failed because of a lack of a majority of four votes. I have discussed this matter with the City Attorney and recommend the following: Prior to consideration of item 5.a.2., move for reconsideration of Report No. 97-160, Gainsboro Professional Park Project - Clean Sites Grant. Once properly seconded, there are two measures: 1. Resolution authorizing the acceptance of $100,000 grant; and 2. Appropriation Ordinance placing the $100,000 in a grant fund. Please allow me to reiterate that the local match requirements have previously been met. The Clean Sites Grant will allow for completion of the project. Please call me should you have questions. Sincerely, W. rt Herbert City Manager WRH:w Attachment cc: Vice-Mayor and Members of Council Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk William F. Clark, Director of Public Works Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-~138 CityWeb:www. ci.roanoke.va.us July 21, 1997 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Gainsboro Professional Park Project Clean Sites Grant At Council's regular meeting on July 7, 1997, a report was submitted recommending acceptance of a $100,000 matching grant from the Virginia Department of Housing & Community Development intended to be used to renovate a structure which has been relocated to 124 Wells Avenue, N. W. After some discussion, action on this report was tabled with a request fi.om Council for more information. This project is an outgrowth of our discussions with representatives of Gainsboro neighborhood organizations over a number of public improvement projects in that area of the City. Wells Avenue widening, renovation of Hotel Roanoke and construction of the Conference Center and realignment of Gainsbom Road/Second Street, including the new bridge over the railroad, all have come about during the last five years and significantly impacted the Gainsboro neighborhood. Attached is a communication to Council dated December 11, 1992 which describes our discussions with representatives of the Gainsboro neighborhood. I realize that several present members of Council were not in office at that time and therefore do not have the benefit of all the history of these matters. You will note that our discussions covered many topics, .and indeed our meetings with these Gainsbom organizations continue to this day. Meetings are called periodically and repons are presented by the various subcommittees as to progress being made on each area. The Professional Park concept is first described under Item 8 on page 3 of the December 11, 1992 communication to Council. A structure formerly located at 111 Wells Avenue was acquired for the new Gainsboro Road/Second Street Improvement Project. This was considered to be an architecturally significant structure to the neighborhood and preferably it would be relocated rather than demolished. Vacant property was acquired in the next block of Wells Avenue to the west of the new Gainsboro Road/Second Street alignment and the structure was moved. It is now sitting on a new foundation, plans have been prepared for renovation to Mayor Bowers & Members of City Council July 21, 1997 Page 2 accommodate professional offices, and we are ready to proceed. To date, approximately $160,000 has been spent for site acquisition, relocation, and design. The proposed Clean Sites Grant along with remaining funds appropriated in previous Community Development Block Grant (CDBG) budgets is estimated to cover the costs of renovation. If any member of Council has further questions, I invite you to contact Bill Clark at 853-2741, who has been a member of the neighborhood-staffdiscussion group from its inception. Respectfully, City Manager WRH:WFC:pr Attachment CCi Mary F. Parker, City Clerk Wilbum C. Dibling, Jr., City Attomey James D. Grisso, Director of Finance James D. Ritchie, Assistant City Manager William F. Clark, Director of Public Works Frank E. Baratta, Grants Monitor John R. Marlles, Chief, Planning & Community Development Office of me C~ry Manage' Roanoke, Virginia December 11, 1992 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Discussions with representatives of the Gainsboro neighborhood As we approach the public hearing on December 16 for the Wells Avenue alignment, I would like to bring you up to date on the progress of discussions with a coalition of organizations in the Gainsboro neighborhood. I began meeting in late July with a coalition of seven organizations interested in the Gainsboro neighborhood. These seven were Historic Gainsboro, Inc., the People's Voters League, the NAACP, Total Action Against Poverty, Southwest Virginia Community Development Fund, First Baptist Church and Gainsboro Neighborhood Development Corporation. Ultimately, the first three organizations dropped out of the discussions; but the remaining four wanted to continue. I agreed to continue meeting with them. Our talks are still continuing, and will continue for some time to come. I truly believe this process has been educational for both sides. I now have come to realize how deeply felt the emotions are in some portions of the community. My staff and I have tried to address the concerns expressed and to reassure these representatives of the neighborhood that history does not have to repeat itself. I have also come to realize how interconnected many projects are in this small area. The revitalization of the Gainsboro neighborhood is important to the success of the hotel, of Henry Street, of development of the area in general. Prompted by the plans for Wells Avenue, the four organizations laid their concerns on the table, and we tried to address them. In summary those concern are as follows: me They were concerned about acquisition of the two houses and one business; and relocation benefits to the occupants. VDOT relocation specialists met with coalition members, and with the individuals to be relocated. This has reassured the coalition members that the homeowners and one business to be relocated will be treated fairly. Room 364 Municil~ai Builcling 215 Church Avenue S.W. Roanoke. Virginia 24011 (703) 981-2333 Members of Council page 2 They were concerned about the impact of the Wells Avenue alignment on First Baptist Church. To make Wells Avenue less of a solid expanse of asphalt, a nine-foot median was agreed to, planted with trees and other landscape materials. The additional right-of-way required for a median would cost the church 27 parking spaces. The church will be compensated for land taken for right-of-way. In addition a total of 28 new spaces could be gained from a re-design of the existing parking lot ~nd use of the residue property caused by the westward relocation of Second Street/Gainsboro Road. If appropriate under VDOT regulations, the church would be deeded this property at little or no cost. Access to the church and current residences would be provided by a cut in the median at the current entrance to the church on Wells, and at the current First Street. The appearance of the street was very important to coalition members. In addition to the provisions stated above, staff assured coalition men%bets that all interested parties will be consulted as part of the design process which will follow the determination of the alignment. Design provisions will include antique-style street lamps the whole length of Wells and special designation of pedestrian cross-walks at Jefferson and Wells. The coalition wanted to limit Wells Avenue to two lanes. A four-lane street must be built to accomodate future traffic, but VDOT has allowed the unusual provision that two of the four lanes can initially be used for parking except during morning and evening peak hours Monday through Friday, essentially restricting traffic to two lanes most of the time. There was concern that future expansion of First Baptist Church and "Old First" be taken into consideration in any future development plans. The coalition was assured that these organizations are important to the neighborhood, and will definitely be consulted in any neighborhood plans· More broadly, in fact, was the assurance that all road projects, now or in the future, and any other major developments originated by the City in Gainsboro, will be discussed in advance by the City with the neighborhood organizations. The coalition wants to encourage the use of minority businesses in the renovation of the Hotel Roanoke and in the continuing maintenance and operation of the hotel. I have talked with Henry Faison, who has agreed to meet with me to develop a plan to increase the potential for local and minority subcontractor participation in the renovation of the hotel. He is receptive to steps we have outlined to him as follows: a. A listing of needed trades and subcontract specialties Members of Council page 3 e will be obtained as soon as possible from the developer, along with the developer's requirements for pre- qualifying subcontractors. SVCDF, the Minority Business Network and the City will recruit minority businesses in the specialties indicated by the developer as needed, assist them in pre- qualifying, and present them to the developer. A pre-bid meeting will be held for all interested subcontractors at the Civic Center for the developer to review the project, contracting requirements, etc. SVCDF, the Minority Business Network and the City will encourage minority and local businesses to attend this pre-bid conference and to deal with the developer. Qualified minority businesses will be encouraged to participate. There will be no set-asides. On the conference center, the primary contract will have to be competitively bid, so steps a, b, and c will be followed by the city as owner, and the city's Minority Business Plan will be followed as well. For on-going participation by minority businesses in the operation and maintenance of the hotel, the city will follow a similar process with the operator. There was a similar concern for minority participation among the businesses that eventually locate along Henry Street. The coalition was assured that the Henry Street Committee would be informed of their concerns, but it was staff's assumption that most of the businesses in a revitalized Henry Street could be expected to be African-American as part of the ethnic character of the area. In an additional effort to encourage minority businesses in the area, three proposals are being pursued. The feasibility of a professional business "park", perhaps in historic houses, is being reviewed. This would be for lawyers, consultants, engineers, accountants and such. Similarly, the city's economic development staff is working on the concept of a business incubator that might be located in the Gainsboro area. A related provision is the creation of a micro-business loan pool in conjunction with local banks. This pool of money could be used for smaller loans than the current $50,000 minimum required by the Economic Development Administration supported revolving loan fund. HoUsing rehabilitation, new construction, maintenance and so forth were a big concern. A task force was formed consisting of members of the coalition, housing authority staff, and city staff to do an assessment of housing conditions in Members of Council page 4 10. 11. Gainsboro, determine what programs are needed, and to determine the resources necessary to accomplish the project. This task force has met individually several times, and expects to have their assessment and program evaluation complete by January, 1993. With the re-opening of the Hotel Roanoke, the coalition was concerned that a large portion of ~obs be filled by minority workers. As the city does with many new businesses locating here, a customized job training program will be set up through the Fifth District Employment e~d Training Consortium. A contractual arrangement will be offered to the hotel operator for the recruiting of personnel, provision of classroom education, and specific job-related skills training to the hotel operator's specifications; and at no or minimal cost to the hotel operator. Where possible, former hotel employees may be used as mentors and trainers. Finally. there is a desire that the Gainsboro branch library be expanded to include more restrooms, a meeting room, and handicapped facilities~ This is being assessed by the Director of Public Works and City Librarian. If feasible, it will be discussed as part of the city's budget process. In support of these proposals, fourteen city staff have been assigned to nine task forces. These staff'members will work with coalition members and neighborhood residents recruited for the same task forces, to set objectives, determine schedules for implementation, and get the programs accomplished. I have asked Bill Clark, Director of Public Works to take the lead on this and ensure these proposals are carried out. I am committed, subject to appropriation of funds by City Council, to seeing that these promises are kept. The key to the success of this, or any neighborhood program, is the direct involvement of the neighborhood representatives themselves. This cannot be only a city project, nor can the neighborhood be expected to undertake these efforts on their own. But working together, over the long haul, I truly believe progress can be made. We have already made great progress in this direction. I have no reason to think this momentum will slow down. I would be pleased to provide additional information or clarification of any of these points if you would like. Sincerely, W. Robert Herbert City Manager WRH/MTP/WFC Members of Cc~ncll page $ cc: wilburn C. Dibling, City Attorney James Grisso, Acting Director of Finance Mary Parker, City Clerk william F. Clark, Director of Public Works MH:GAINCOUN.LET Roanoke, Virginia Suly 7, 1997 No. 97-160 II. III. The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Gainsboro Professional Park Project - Clean Sites Grant mo Gainsboro Professional Park Task For~_ was one of nine task forces created in December, 1992, to address concerns of the neighborhood. Current objec0v~, of the Professional Park Task Force is to rehabilitate and reuse a former residential structure located at 124 Wells Avenue for small business use. ~ in the amount of 6~..].~.,_Q.~ was approved as part of the City's 1993-94 Community Development Block Grant (CDBG) program to relocate two structures (formerly 110 Wells Avenue and 111 Wells Avenue) from their locations in the right-of-way of the Second Street project onto vacant lots on the west end of Wells Avenue. Project size was later modified to relocate only one structure (111 Wells Avenue). Current Situatioo: Co City applied for and received approval of a $100,000 Clean Site Grant from the Virginia Department of Housing and-Community Development to assist with implementation of the project. le-o..c~IILIIIttI~ (1'1) consisting of local funds, committed federal funds, or private sector commitment is required. Clean Sites Gr~ must be accepted by City Council and appropriated to a revenue account in the Grant Fund. Issues.' Members of Council Page 2 IV. ~ m_l~mali~: Authorize the Ci_ty Manager to accept the $100,000 matching grant through the Clean Sites Program and appropriate $100.000 with corresponding revenue estimates to accounts established in the Grant Fund by the Director of Finance. Need for additional small business development serving the northwest area of the City would be addressed. ~ in the amount of $165.035 for local match is available in the following CDBG accounts for the Gainsboro Professional Park Project: 035 094 9420 5011 035 094 9430 5011 $41,111 123,924 T_ia!il!g is critical. Project is ready to be bid by Roanoke Redevelopment and Housing Authority. Bo Do not authorize the Ci_ty Manaler to accept the grant. 1. ~ for additional small business development serving the northwest area of the City would not be addressed at this time. ~ to undertake the renovation of relocated structure would still be an issue and $100,000 from the Clean Sites grant fund would not be available. Iimiilg would not be an issue. III. Recommenda~tioq: It is recommended that City Council concur in Alternative A and authorize the Ci_tv Manager to accept the $100.000 matching grar~! through the Clean Sites Program and appropriate $100,000, with corresponding revenue estimates, in accounts established in the Grant Fund by the Director of Finance. Members of Council Page 3 Respectfully submitted, W. Robert Herbert City Manager WRH:JR.M:mpf cc: City Attorney Director of Finance Director of Public Works Chief of Planning and Community Development Office of Grants Compliance MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File #72-178-200-236-450-488 John P. Baker Executive Director Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Mr. Baker: I am enclosing copy of Resolution No. 33521-080497 authorizing execution of an agreement with the Roanoke Redevelopment and Housing Authority for services related to the administration of Community Development Block Grant funds for fiscal year 1997-1998, in the amount of $979,584.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA.g'/~AUG.4 John P. Baker Executive Dir6c~-or Roanoke Redevelopment and Housing Authority August 7, 1997 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development William F. Clark, Director, Public Works John R. Marlles, Chief, Planning and Community Development Mariam K. Alam, Neighborhood Partnership Coordinator Ronald H. Miller, Building Commissioner H. Daniel Pollock, Housing Development Coordinator Frank E. Baratta, Grants Compliance Monitor Phillip F. Sparks, Chief, Economic Development Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDA. 97~AUG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33521-080497. A RESOLUTION authorizing the execution of an agreement with the Roanoke Redevelopment and Housing Authority for services related to the administration of Community Development Block Grant (CDBG) funds for FY 1997-1998. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as 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, an agreement, and any necessary amendments thereto, if necessary, within the limits of funds set forth in this report for the purposes specified herein, with the Roanoke Redevelopment and Housing Authority for services related to the administration of Community Development Block Grant funds for FY 1997-1998, as more particularly set forth in the City Manager's report and attachment dated August 4, 1997. 2. Such agreement shall be in the amount of $979,584.00 in CDBG funds, and upon such terms and conditions as deemed necessary by the City Manager and as set forth in the City Manager's report dated August 4, 1997. 3. The form of said agreement, and any necessary amendments thereto, shall be approved by the City Attorney. ATTEST: H' RES'R-RRHA o? City Clerk. Roanoke, Virginia August 4, 1997 97-31 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Community Development Block Grant (CDBG) Subrecipient Agreement with the Roanoke Redevelopment and Housing Authority mo Roanoke Redevelopment and Housing Authority (RRHA) historically has administered certain portions of CDBG and HOME Investment Partnerships Program (HOME) activities for the City, including housing rehabilitation and economic development activities. Bo City Council authorized the RRHA's 1997-98 CDBG activities and fundim, as part of the Annual Update to the consolidated Plan (Annual Update) approved for submission to the Department of Housing and Urban Development (HUD) for FY 1997-98 on May 12, 1997, by Resolution No. 33402-051297. Co City Council accepted the 1997-98 CDBG Entitlement on June 16, 1997, pending the receipt of the approval letter from HUD, by adopting Resolution No. 33434- 061697 and Budget Ordinance No. 33433-061697. Do HUD approved the Annual Update by letter dated July 1, 1997 and the City received the letter on July 3, 1997. II. Current Situation: $323,402 in CDBG funds are budgeted for RRHA's services in FY 97-98 for administration and program support of fourteen (14) HOME and CDBG - funded programs. Honorable Mayor and Members of City Council August 4, 1997 Page 2 Projects to be administered by RRHA, and covered by this Agreement, total ~ in CDBG funds. CDBG project support costs will also provide for the delivery of~ in HOME projects discussed more fully under Council Report 97-30 for a total of~ in project costs. City Council must approve execution of an Agreement with the RRHA in order to implement the CDBG activities, support the HOME activities, and permit reimbursement to the RRHA for costs incurred. III. Issues: IV. mo B. C. D. E. Cost to the City Administrative Capability Impact on Community Development Consistency with the Annual Update Alternatives: mo Authorize the City. Manager or the Assistant City Manager to execute and the City Clerk to attest a 1997-1998 CDBG Agreement v~ith the RRHA (similar in form and content to Attachment 1) and amendments thereto, if necessary, approved as to form by the City Attorney, within the limits of funds and the purposes set forth in this report. Cost to the City will be $979,584 in CDBG funds which includes the amount needed to complete carry-over projects and support HOME funded projects. Funding is available in the CDBG accounts listed in Attachment A of the Agreement. Administrative capability will be assured by executing the Agreement. The RRHA possesses extensive knowledge and experience in the types of activities to be conducted. Honorable Mayor and Members of City Council August 4, 1997 Page 3 o Timing is important since previous contract expired on June 30, 1997, and several programs are ongoing and need to be continued. Impact on community development will be positive. These CDBG funded activities will assist with the development and completion of eleven (11) community development projects as outlined in the Annual Update and will support three (3) HOME funded housing purchase and rehabilitation programs outlined in Council Report 97-30. o Consistency with the Consolidated Plan will be achieved. The activities and funding covered by the Agreement are specifically authorized in the Annual Update for implementation by the RRHA. B. Do not authorize execution of the 1997-98 CDBG Agreement with the RRHA. Cost to the City would depend on the cost of performing the activities directly with existing and additional City staff, or of contracting for services from other agents. Administrative capability to perform the various activities is available in some cases with existing City staff. However, other capability would have to be obtained by hiring additional CDBG-funded staff and/or contracting with private agencies. Some projects may be limited without the RRHA's redevelopment and acquisition authority. Timing would delay the implementation of many program activities, until necessary staff could be hired and trained or until other arrangements could be made. Impact on Community Development will be negative. Eleven (11) community development projects and three (3) HOME funded programs could be delayed or withdrawn. Consistency with the Annual Update will not be achieved, since the RRHA is specifically identified as the agency which will implement the housing and community development activities that are included in the attached agreement. Honorable Mayor and Members of City Council August 4, 1997 Page 4 V. Recommendation: Concur with Alternative A a4~_thorizing the City Manager or the Assistant Ci_ty Manager t~ execute and the City Clerk to attest a 1997-1998 CDBG Agreement with the Roanokt, Redevelopment and Housing Authority (similar in form and content to Attachment 1) and amendments thereto, if necessary, approved as to form by the City Attorney within th~; limits of funds and the purposes set forth in this report. WRH:LSS Respectfully submitted, W. Robert Herbert City Manager Attachments CC.' Assistant City Manager City Attomey Director of Finance Director of Public Works Director of Human Development Chief of Economic Development & Grants Chief of Community Planning Budget Administrator Housing Development Coordinator Office of Grants Compliance Neighborhood Partnership Coordinator Executive Director, Roanoke Redevelopment & Housing Authority ATTACHMENT 1 Agreement page 1 AGREEMENT THIS AGREEMENT is made and entered into this day of August, 1998, by and between the following parties: the Grantee City of Roanoke 215 Church Avenue S.W. Roanoke, Virginia 24011 and the Subgrantee City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N.W. Roanoke, Virginia 24017 WHEREAS, the Roanoke City Council approved by Resolution No. 33434-01697 on June 16, 1997, the FY 1997-98 Community Development Block Grant (CDBG) program, and by Ordinance No. 33433-061697 appropriated funds therefore; and WHEREAS, the Roanoke City Council on August , 1997 reviewed and approved by Resolution No. the execution of a subgrant agreement between the City of Roanoke ("the Grantee") and the Roanoke Redevelopment and Housing Authority ("the Subgrantee"); and WHEREAS, the City of Roanoke Redevelopment and Housing Authority Board of Commissioners on August , 1997 has reviewed and approved by Resolution No. the execution of this subgrant agreement; and WHEREAS, the Roanoke Redevelopment and Housing Authority is experienced in providing services to and on behalf of citizens of low and moderate income; NOW, THEREFORE, the Grantee and the Subgrantee mutually agree as follows: The Subgrantee shall implement certain projects and activities as set forth in Part I of the Terms and Conditions of the Agreement. II. The Grantee shall compensate the Subgrantee as set forth in Part II of the Terms and Conditions of the Agreement. Agreement page 2 TERMS AND CONDITIONS OF AGREEMENT Part I - Scope of Services: The Subgrantee shall, in a satisfactory and proper manner, as determined by the Grantee, and within the scope of the 1997-98 Grant Programs Funds Appropriations for CDBG provided for the services included herein and approved by the Roanoke City Council, perform the following tasks: A. Housing Programs: All housing programs under this Agreement shall be operated in accordance with guidelines developed by the Grantee in consultation with the Subgrantee. Using CDBG funds provided by the Grantee, the Subgrantee shall provide the following programs in accordance with guidelines incorporated by reference into this Agreement. Quick Response to Emergencies - The Subgrantee shall administer the Quick Response to Emergencies Program in accordance with the guidelines. Essentially, the Quick Response to Emergencies Program consists of limited grants of CDBG funds to low and very low income homeowners to repair or replace seriously substandard components of the owner's home. The total of all such grants to be made in Fiscal Year 1997-98 shall not exceed $40,000 of CDBG fimds. Program delivery costs for this program, including salaries shall not exceed $8,000. Total program cost is $48,000. Critical Assistance Repair for the Elderly (C.A.R.E.) -The Subgrantee shall administer a program consisting of grants of CDBG funds to low to moderate income elderly homeowners for non-cosmetic home repairs in accordance with the guidelines. The total of all such grants to be made in Fiscal Year 1997-98 shall not exceed $90,000 of CDBG funds. Program delivery costs for this program, including salaries shall not exceed $18,000. Total program cost is $108,000. Operation Paintbrush - The Subgrantee shall administer an exterior home painting, siding, and minor repair program in accordance with the guidelines, using funds made available by the Grantee. The general purpose of Operation Paintbrush is to make a strong visual statement about the viability of the neighborhood by dramatically improving a selected area through improving the exterior of homes. The Subgrantee shall procure contractors to paint, repair or re-side the homes according to standard procurement procedures. The Subgrantee shall comply with all applicable HUD regulations concerning lead-based paint. The total of all such grants to be made in Fiscal Year 1997-98 shall not exceed $36.881 of CDBG funds. Program Agreement page 3 delivery costs, including salaries, shall not exceed $7,400 for a total program cost of $44,281. Consolidated Rehabilitation Loan Program - The Subgrantee shall administer a rehabilitation program in accordance with the guidelines, using funds made available by the Grantee. The total of all such CDBG grants and loans to be made in Fiscal Year 1997-98 shall not exceed ~ of which a minimum of $100,000 is reserved for the Elm Avenue Rehab Program, subject to Subgrantee's approval of guidelines currently under development. In addition, The Subgrantee shall be responsible for providing staff support and program delivery for HOME Investment Partnership Programs implemented by the Subgrantee under separate agreement with the Grantee. Funds available to the Subgrantee for the support costs for the Consolidated Rehabilitation Loan Program shall not exceed ~ which include support costs for the I-Iistorie Gainsboro Rehabilitation set-aside program, and the Enterprise Zone Rehabilitation set-aside program. Programs should be conducted according to guidelines referenced in the HOME Agreement. Total CDBG funds shall not exceed $437,343. Gainsboro Enhancement 11 - The Subgrantee shall maintain, market and sell one structure located at 18 Gilmer Avenue, N.E., that was relocated as part of the Wells Avenue realignment project. Funds available for this project shall not exceed $6,204. Funds available for support costs shall not exceed $2,000. Total program costs are $8,204. Homeownership Assistance - The Subgrantee shall administer a HOP Subsidy Program in accordance with the guidelines referenced in the 1997-1998 HOME Agreement between the Subgrantee and the Grantee. Funds available for support for the Home Ownership Opportunities (HOP) Subsidy Program shall not exceed $3.000. Funds available for support costs for the Down Payment Closing Cost Assistance - HOP program included in the 1997- 1998 HOME Agreement between the Subgrantee and the Grantee shall not exceed $2,500. B. Gainsboro Conservation/Redevelopment Plan: The Subgrantee shall continue to implement the Gainsboro Conservation/Redevelopment Plan (Amendment No. 4), coordinating its activities with the Grantee by accomplishing the following projects: Gainsboro Professional Park - As part of the Gainsboro Conservation/Redevelopment Plan, the Grantee shall advertise and work with an architect who will prepare specifications for the rehabilitation of the property located at 124 Wells Ave. to be used as a small business incubator. Once the design specifications are prepared and provided to the Subgrantee by the Grantee, the Subgrantee shall prepare bid specifications and advertize within 45 days. CDBG funds will be used to pay for the actual rehabilitation of the property. The Subgrantee will handle procurement and entire contract administration of the rehabilitation. The Subgrantee Agreement page 4 will notify the Grantee within three days upon completion of the rehabilitation. The Grantee will decide on the eventual ownership and management of the facility. Within 30 days of completion of the rehabilitation, the Grantee will notify the Subgrantee as to what entity the property is to be transferred. The Subgrantee will transfer the property to the identified entity within thirty days of notification. The Subgrantee shall insure and maintain the property during the time period of this agreement or until property is transferred to another entity. CDBG funds available for this project total $165,035 Program delivery costs for this activity shall not exceed $6,000. Total program costs is $171,035. Henry_ Street Improvements - The Subgrantee shall assist the Grantee in the performance of certain tasks associated with Henry Street Improvements. These tasks include the following activities: bo Oversee the operation of two (2) parking lots on Centre Avenue and First Street in the "Henry Street" redevelopment area. As owner of property in the Henry Street area, the Subgrantee shall work jointly with the Grantee, and/or designated community organization (s) to facilitate the planning of the Henry Street and greater Gainsboro area. Program delivery costs shall not exceed $1.000. Total program cost for this activity is $1,000. Gainsboro Land Use Plan 97/98 PART A: Upon written notice to proceed from the Grantee to the Subgrantee, and upon subsequent approval by the Subgrantee's Board of Commissioners, the Subgrantee shall conduct, subject to the consent of the owner, an environmental assessment of the property identified as B-23, P-l-Tax No. 2011901 and an appraisal of the same to determine the fair market value of the subject property. Said appraisal shall take into account the results of the environmental assessment. Funds available for this activity shall not exceed $37,606 and program delivery costs, including salaries, shall not exceed $7,000. The total program cost shall be $44,606. The Subgrantee shall conduct these appraisals and assessments in accordance with applicable regulations, including the CDBG Acquisition and Relocation regulations, and shall provide the results of the environmental assessment and appraisal to the Grantee. Under no circumstances shall the appropriation or expenditure of funds for this activity bind either the Subgrantee or the Grantee to purchase the subject property. PART B: Agreement page 5 Upon written notice to proceed from the Grantee to the Subgrantee, and upon subsequent approval by the Subgrantee's Board of Commissioners, the Subgrantee shall conduct, subject to the consent of the owners, an environmental assessment of the properties identified as B- 23, P-2, Tax No. 2011801 and B-23, P-4, Tax No. 2011803, and an appraisal of the same to determine the fair market value of the subject properties. Funds available for this activity shall not exceed $55,000 and program delivery costs, including salaries, shall not exceed $7,000. The total program cost shall be $62,000. The Subgrantee shall conduct these appraisals and assessments in accordance with regulations, including the CDBG Acquisition and Relocation regulations, and shall provide the results of the environmental assessments and appraisals to the Grantee. Once the above has been accomplished, and the funds are available, the Subgrantee shall acquire the parcels of land identified as B-23, P-2, Tax No. 2011801 and B-23, P-4, Tax No. 2011803. Commercial/Industrial Development. Shaffers Crossing Phage I - The Subgrantee shall continue to assist the Grantee with the completion of the redevelopment designated as the Shaffers Crossing Redevelopment area, during the term of this Agreement. The Grantee will provide marketing and infrastructure improvements which will include the relocation of the storm drain that runs down the center of the larger of the two remaining tracts that needs to be sold and the purchase and installation of new manholes. The Subgrantee will mow and maintain the properties. The Subgrantee shall conduct the real estate closings as needed throughout the terms of the agreement. Funds available for this activity shall not exceed $7,833. Program delivery costs, including salaries shall not exceed $2,000. Total program cost is $9.833. All expenses related to Shaffers Crossing property acquisition, disposition, site clearance/improvements, maintenance, engineering and plan development shall be charged directly to the Shaffers Crossing Phase I account. Property Disposition - The Subgrantee shall continue to assist in the sale of parcels available in all Redevelopment Areas, including the Kimball, Downtown East, Deanwood, Shaffers Crossing and Gainsboro areas. All contacts with potential developers shall be coordinated between the Grantee's Chief of Economic Development and the Subgrantee's Office of Development. Each of these parties or representatives shall be afforded the opportunity to be present at any showing of any available site by either the Grantee or the Subgrantee. Negotiations incidental to land sales will also be coordinated between the aforementioned parties. Expenses related to land disposition shall be charged directly to the affected program account. Agreement page 6 D. Property_ Maintenance: The Subgrantee shall be responsible for the upkeep and maintenance of all properties acquired by the Subgrantee as a result of CDBG activities. The cost of these activities shall be charged directly to applicable program accounts or to the property maintenance account and not to the Subgrantee's general program administration account. All equipment purchases, as part of this activity, must receive prior approval of the Grantee. If funding is not available in project accounts, property maintenance costs can be paid out of the separate property maintenance account. CDBG funded property maintenance must be approved as eligible by the Grantee. These costs must be identified and billed per each individual address. Property maintenance costs shall not exceed $10,000. E. General Administration: Funds available to the Subgrantee for administrative costs shall not exceed ~ The Subgrantee shall perform administrative support of activities listed in the Scope of Services. Additionally, the Subgrantee shall provide the following: Lead-Based Paint Analyzer - The Subgrantee shall store, test, and maintain the Lead -Based Paint Analyzer and submit the required documentation to the State. CDBG funds for the maintenance and testing of this equipment are included in the general administration account. o Relocation Assistance and Counseling - The Subgrantee shall assume responsibility for the relocation assistance and guidance to be provided to residents and businesses displaced by community development projects and activities of the Grantee specific to this agreement, in accordance with HUD regulations and guidelines, subject to time and availability of funds. General Administration of Communi _ty Development/Economic Development Activities Prior Years Activities - The Subgrantee shall continue to service outstanding loans, forgivable and/or deferred payment loans, grants, etc., made in previous years as appropriate and in accordance with guidelines of the specific programs, subject to the availability of funds. Such programs include: the Private Rehabilitation Loan Program, Rental Rehabilitation, Neighborhood Stabilization and Enhancement Program, Section 312, and Down Payment and Closing Cost Assistance Program, and local CDBG loans. The Subgrantee shall provide counseling to parties delinquent in their repayments in a reasonable effort to avoid foreclosure under the loan programs referenced in this part. However, where delinquencies persist, the Subgrantee shall institute appropriate collection procedures including foreclosures. The Subgrantee shall maintain and protect properties on which it has foreclosed, and in consultation with the Grantee, shall arrange for resale, assumption of loan, or other disposition of the property. o Agreement page 7 Communi _ty Interaction: The Subgrantee shall assist the Grantee in the performance of certain basic community-oriented tasks which include the following: a. Planning, organizing and implementing neighborhood meetings. bo Planning, organization and implementation of the Consolidated Plan public workshops and/or hearings incidental to the Grantee's annual application process. .Redevelopment Plans - Preparation and Amendment - In conjunction with the City's Office of Planning and Community Development, the Subgrantee shall produce and amend as needed Redevelopment Plans for areas within the City. Return of Debt Service Reserve Funds from the Private Rehabilitation Loan Progran. - the Subgrantee shall report outstanding principal balances of loans made under the Single Family Mortgage Loan Program and return excess debt service reserve funds from the related mortgage revenue bonds dated 1981, 1982, 1983, 1984, 1985, 1987, 1988, 1989, 1990, and 1992. Excess debt service reserve funds shall be submitted to the Grantee prior to September 30, 1997. Program Coordination: Appropriate staff of the Subgrantee shall meet and consult regularly and as needed as determined by either party, with appropriate staff of the Grantee. Such staff of the Grantee may include, but are not limited to, the City Manager, Assistant City Manager, Director of Public Works, Building Commissioner, Chief of Community Planning, Housing Development Coordinator, Chief of Economic Development, and Office of Grants Compliance Grants Monitors. The intent of such meetings and consultations shall be to facilitate the efficient and effective implementation of program services listed above, and consider the need for and planning of other activities of the Grantee, Subgrantee, or both, consistent with the general purpose of community development and neighborhood revitalization. Modification of Program Guidelines: Approved program guidelines may be modified with the approval of the Grantee's City Manager or Assistant City manager in consultation with the Housing Development Coordinator and the Office of Grants Compliance, and the Subgrantee's Executive Director or designee. (Note: Guidelines shall not be modified administratively when the result would be to add or delete program activities or otherwise fundamentally alter the nature or intent of any program activity.) PART II - COMPENSATION AND METHOD OF PAYMENT: A. Program Funds: Agreement page 8 CDBG funds, as detailed in Attachment A, shall be made available to the Subgrantee for program activities. B. Program Income: Program income from any and all sources, including interest earned by the program income itself, shall be submitted to the Grantee on a monthly basis. C. Limits of Funding Sources: Except as indicated in this paragraph, with prior written approval from the Office of Grants Compliance adjustments may be made in program support relative to any CDBG activity, however, such adjustments shall not result in the total amount budgeted for program support and administration of $323,402 being exceeded unless increased by amendment to this agreement. Of this amount, the $29,782 budgeted for General Administration in account number 035-098-9810- 5035 cannot be over spent. Further, of the total funds, the amounts designated to support HOME activities must be used solely to support HOME activities. D. Disbursement Procedures: The Subgrantee shall file the necessary papers with the Director of Finance ten (10) working days prior to the date that actual disbursements are needed. Cash advances shall be reasonably estimated and itemized; therefore, excess advances will not be allowed. Cash advances will be recorded as Accounts Receivable due from the Subgrantee. Funds should be disbursed by the Subgrantee within ten (10) days of receipt of the request for reimbursement. The Subgrantee shall submit, by the fifth working day of each month, a monthly report to the Director of Finance and a copy to the Office of Grants Compliance, indicating the actual expenditures incurred against all cash advances not previously reported to the Director of Finance. Expenditures reported will be deducted from the Accounts Receivable balance due from the Subgrantee. The Subgrantee also shall submit time allocation reports in a form acceptable to the Grantee. No additional cash advances shall be made to the Subgrantee until these reports are submitted. Monthly financial status reports issued by the Director of Finance shall be reviewed by the Subgrantee and any discrepancies reported in writing within ten (10) working days of receipt of said report. Approval of reimbursement requests will be subject to timely receipt of the monthly reports as detailed here and in Paragraph IV. B of this Agreement. The Grantee reserves the right to refuse payment to the Subgrantee in the event that the Subgrantee submits a reimbursement request sixty (60) calendar days after the contract expiration date. Agreement page 9 E. Annual Audit and Monitoring: The Subgrantee shall provide for an independent audit of all CDBG expenditures in accordance with Circular A-133 for the contract period covered by this Agreement as set forth in Part IV, Section A. Two copies of said audit report shall be furnished to the Grantee within 30 days after completion of the audit. In addition, it is the intention of the Grantee to perform monitoring visits to verify the Subgrantee's performance from a financial and compliance auditing perspective during the contract period covered by this Agreement. F. Anti-Lobbying: To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of congress in connections with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, "in accordance with its instructions. PART Ill - GRANTEE RESPONSIBILITIES. A. General Guidance: The Grantee's Office of Grants Compliance shall provide general guidance and direction to the Subgrantee concerning the intent and operation of programs developed by the Grantee to be administered by the Subgrantee under this Agreement. Additionally, other parties and/or departments as listed under Part I, Item E-8 of this contract may provide specific guidance and direction on an as needed basis. Reports prepared by the Grantee's staff for presentation to City Council relating to matters covered by this Agreement shall be provided to the Subgrantee for review and comment ten (10) working days before the day of the Council meeting. The Grantee shall make available existing reports, maps, records or other existing data that may assist the Subgrantee's performance of services covered under this Agreement. Agreement page 10 C. Project Planning: Within a Redevelopment Area, public improvements, such as streets, curb and gutter, public utilities, etc., unless otherwise approved by the Grantee, shall be the responsibility of the Grantee. Copies of the project plans may be obtained by the Subgrantee upon request to the Grantee's City Engineer. D. Non-Personnel Costs - Program Development- Expenses relating to the development and implementation of a new program or the continuation of an existing program not contained in Part I of this Agreement may be reimbursed by the Grantee. Said expense shall not be incurred by the Subgrantee without written approval of the Grantee. PART IV - PERFORMANCE AND RECORD KEEPING: A. Time Period~: The Subgrantee shall commence the provision of the services described in Part I of this Agreement as of July 1, 1997, and continue through June 30, 1998. Reporting requirements and annual audit shall cover the full program year period from July 1, 1997, through June 30, 1998. B. Reporting Requirements: The Subgrantee shall report quarterly, by the fifteenth (15) working day of October 1997, January 1998, April 1998, and July, 1998, the progress of each activity covered by this Agreement, using a reporting format acceptable to the Grantee's Office of Grants Compliance. Such quarterly reports shall include, but not be limited to the following: 1. List of gross program income receipts from all sources on a monthly basis. List of property purchased with CDBG funds and titled to the Subgrantee with quarterly updates. o In accordance with a cost allocation plan acceptable to HUD, the Subgrantee agrees to submit reports of the proration of time that staff is allocated to each activity covered under this Agreement. The Subgrantee agrees to submit any other reports as requested by the Grantee concerning activities covered under this agreement. Agreement page 11 C. Retention of Records: All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of this Agreement. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year period. PART V - THIRD PARTY CONTRACTS AND BIDS' The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. However, upon the request of the City Manager, all bid documents, contracts, contract amendments and change orders between the Subgrantee and a third party which relate to construction or consultant services to be performed by the Subgrantee concerning Part I, Section B of this contract shall be approved by the Grantee prior to execution. The Grantee shall complete its review of documents fumished by the Subgrantee within ten (10) working days of their receipt. PART VI - PERSONNEL: The Subgrantee represents that it has, or will secure (limited to the funds provided under this Agreement) all personnel required in performing the services under this Agreement. Such employees shall not be employees of or have any contractual relationship with the Grantee. All of the services required hereunder will be performed by the Subgrantee or under its supervision, and all personnel engaged in the work shall be fully qualified to perform such services. PART VII - UNIFORM ADMINISTRATIVE REQUIREMENTS: The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment B, those described in 24 CFR 570.502, and all other applicable CDBG and federal regulations relating to specific programs performed hereunder. Ail proposals for CDBG-assisted rehabilitation in the City will be submitted to the Grantee's Office of Grants Compliance for determination of the structure's eligibility for inclusion on the National Register of Historic Places. If property is historically eligible, all project plans and specifications will be submitted to the Grantee's Office of Grants Compliance for review as to compliance with Section 106 of the National Historic Preservation Act. PART VIII - CONFLICT OF INTEREST. No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activities, may obtain a personal or financial interest in or benefit from any of the activities, or have an interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter. Agreement page 12 PART IX - INDEMNITY PROVISION. Each of the parties hereto agrees to indemnify and hold harmless the other parties, their officers, agents and employees, from any and all claims, legal actions and judgments and expenses resulting therefrom, arising out of each party's intentional or negligent acts or omissions with respect to the duties, rights and privileges granted in or arising under this Agreement. In the event that the parties are jointly or concurrently negligent, each party shall indemnify and hold harmless the other party to the extent of its own negligence. PART X - ENTIRE AGREEMENT. This Agreement, including all of its Exhibits, represents the entire agreement between the parties and this Agreement shall not be modified, amended, altered or changed, except by written agreement executed by the parties. PART XI - TERMINATION OF AGREEMENT FOR CAUSE: If either party to this Agreement should fail to fulfill in a timely and proper manner its obligations under this Agreement, either party shall thereupon have the right to terminate this agreement by giving thirty (30) calendar days written notice of such termination to the affected party and specifying the effective date thereof. Community Development Block Grant funding to be made available by the City of Roanoke under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the City of Roanoke, this Agreement may be terminated in whole or in part. PART XII - REVERSION OF ASSETS: Upon expiration or termination of this Agreement, the Subgrantee shall transfer to the Grantee any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Subgrantee's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall either (1) be used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of this Agreement; or (2) be disposed of in a manner which results in the Grantee being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non- CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with the above. PART XIII - GOVERNING LAW' This Agreement shall be governed by laws of the Commonwealth of Virginia. Agreemem page 13 IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this Agreement as of the date first written above. ATTEST: City of Roanoke, Virginia (Grantee) Mary F. Parker, City Clerk City Manager\Assistant City Manager ATTEST: City of Roanoke Redevelopment and Housing Authority (Subgrantee) John P. Baker Executive Director APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Office of Grants Compliance Assistant City Attomey APPROVED AS TO EXECUTION APPROVED AS TO FUNDS AVAILABLE Assistant City Attorney Director of Finance ATTACHMENTS ATTACHMENT A RRHA CDBG Project Accounts - FY 1997 - 1998 ATTACHMENT B Required Federal Regulations ATTACHMENT A Program Account Number Project Admin/Support Total CDBG funds Quick Response 035-098-9820-5203 $40,000 to Emergencies 035-098-9810-5076 $ 8,000 $ 48,000 Critical 035-098-9820-5003 $ 90,000 Assistance for 035-098-9810-5002 $ 18,000 $ 108,000 Elderly Operation 035-098-9837-5102 $ 36,881 Paintbrush 035-098-9810-5048 $ 7,400 $ 44,281 Gainsboro Prof 035-094-9420-5011 $ 41,111 Park 035-094-9430-5011 $123,924 035-098-9810-5007 $ 6,000 $ 171,035 Henry Street 035-098-9810-5046 $ 1,000 Revitalization $ 1,000 Gainsboro 035-094-9420-5009 $ 104 Enhancement II 035-097-9720-5009 $ 6,100 035-098-9810-5008 $ 2,000 $ 8,204 Property 035-085-9820-5352 $ 10,000 $ 10,000 Maintenance Gainsboro Land 035-094-9437-5353 $ 37,606 Use Plan 035-098-9810-5353 $ 7,000 Part A $ 44,606 Gainsboro Land 035-095-9530-5016 $ 55,000 Use Plan 035-095-9510-5016 $ 5,000 Part B 035-098-9810-5016 $ 2,000 $ 62,000 Shaffers Crossing 035-095-9530-5145 $ 7,833 Phase l 035-098-9810-5047 $ 2,000 $ 9,833 Consolidated Rehab Program 035-098-9820-5112 $ 59,158 035-098-9820-5140 (Elm Ave Rehab) 9100,000 035-097-9720-5112 $ 48,465 035-098-9810-5042 $ 96,387 035-098-9810-5030 $133,333 9437,343 HOP Subsidy 035-098-9810-5338 $ 3,000 $ 3,000 Program Down Payment/ Closing Costs 035-098-9810-5331 $ 2,500 $ 2,500 General Admin 035-098-9810-5035 $ 29,782 $ 29,782 Totals $656,182 $323,402 $979,584 c:\RRHA. 97/98 Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 7, 1997 File #20-60-77-270-304-305-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33522-080497 amending and reordaining certain sections of the 1997-98 General and Capital Projects Fund Appropriations, providing for reappropriation of funds previously appropriated in the fiscal year 1996-97 General Fund budget. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Attachment H:~AGENDA.g'P~UG.4 James D. Grisso Director of Fir~-a~ce August 7, 1997 Page 2 pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Daniel L. Secrist, Acting Manager, Youth Haven I William F. Clark, Director, Public Works William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDA.g7~AUG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of August, 1997. No. 33522-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and 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 certain sections of the 1997-98 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations General Government Director of Public Works (1) ................................. Public Works Traffic Engineering (2) ..................................... Public Safety Juvenile Detention Center (3) ............................. Youth Haven 1(4-5) ..................................... Crisis Intervention (6) ..................................... Nondepartmental Transfer to Other Funds (7) ............................. Fund Balance Reserved for CMERP - City (8) ............................... $10,832,152 151,500 24,262,842 1,388,887 38,933,138 1,176,835 445,722 469,460 56,990,071 .56,187,480 $ 6,411,845 Capital Projects Fund Appropriations Traffic Engineering Traffic Signals - General (9) ................................. $ 1,935,300 719,553 1) Fees for Professional Services 2) Project Supplies 3) USDA- Expenditures 4) Food 5) USDA- Expenditures 6) USDA- Expenditures 7) Transfer to Capital Projects Fund (001-052-1280-2010) (001-052-4160-3005) (001-054-3320-3000) (001-054-3350-2060) (001-054-3350-3000) (001-054-3360-3000) (001-004-9310-9508) 8) Reserved for CMERP - City (001-3323) 9) Appropriated from General Fund (008-052-9560-9003) 8,659 2,000 5,343 20,650 1,602 4,417 35,000 (77,671) 35,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia August 4, 1997 97-32 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council Subject: Re-Appropriation of Funds Previously Appropriated in Fiscal Year 1996-97 General Fund Budget. II. Background on the subject is as follows: City Council appropriated funding in the amount of $478,498 for the administration and operation of Youth Haven I - Post Dispositional Group Home with the adoption of the FY 1996-97 General Fund Budget. The City of Roanoke receives revenue from the United States Department of Agriculture (USDA) for food service expenditures at the Juvenile Detention Home, Youth Haven, and Crisis Intervention Center. Co City Council appropriated $10,000 from the Capital Maintenance and Equipment Replacement Program (CMERP) for the City share of a beautification project on the 1-581 Southwest Expressway on December 16, 1996. One partial payment was made as of June 30, 1997, in the amount of $1,341. City Council appropriated funding in the amount of $37,000 from the Capital Maintenance and Equipment Replacement Program for Traffic Engineering mini-projects such as the replacement and/or relocation of traffic signals, controller units, and for traffic studies by consultants. Current situation is as follows: A. Funding in the amount of $53,800 for Youth Haven is unobligated for FY 1996-97. Funding in the amount of $20,650 of the total unobligated funding is the result of Virginia Juvenile Community Crime Control Act revenue received in FY 1996-97 for anticipated expenditure in FY 1997-98, the second year of the State budget biennium. This funding has been approved as a part of the FY 1997-1998 VJCCCA program plan approved by the Department of Juvenile Justice. State guidelines allow unused funding for VJCCCA orograms from the first year of the State budget biennium to be carried forward to the second year upon the approval by the Department of Juvenile Justice of an amended VJCCCA program plan. 3. The unobligated funding in the amount of $20,650 is required in FY 1997-98 for the operation of Youth Haven. Honorable Mayor and Members of City Council Page 2 III. IV. Bo Do 4. A separate Council Report will be submitted to approve the re-appropriation of the remaining portion of the unobligated funding for Youth Haven and the other VJCCCA programs upon the development of an amended VJCCCA program plan. USDA revenue exceeded USDA expenditures in the amount of $11,362 for FY 1996-97. 1. USDA revenue must be used for eligible USDA expenditures. 2. The excess funding needs to be re-appropriated to FY 1997-98. Funding in the amount of $8,659 for the beautification project on the 1-581 Southwest Expressway is unobligated for FY 1996-97. 1. The unobligated funding is the result of Virginia Department of Transportation (VDOT) activities on the project that were not completed by the end of the fiscal year. 2. The unobligated funding needs to be re-appropriated to FY 1997-98 to provide for the completion of the project. Funding in the amount $37,000 for Traffic Engineering mini-projects and traffic studies is unobligated for FY 1996-97. 1. The funding anticipated for mini projects and traffic studies for FY 1996-97 will be needed for FY 1997-98. 2. The unobligated fimding needs to be re-appropriated to FY 1997-98 to provide funding for anticipated Traffic Engineering mini projects and traffic studies. Issues in order of importance are as follows: A. Completion of Program Services B. Funding Alternatives in order of feasibility are: A. City Council re-appropriate funds previously appropriated in the FY 1996-97 General Fund Budget. 1. Completion of programs and services budgeted for in the FY 1996-97 General Fund Budget will be provided for in FY 1997-98. 2. Funding is available in the FY 1996-97 year-end fund balance. Honorable Mayor and Members of City Council Page 3 City Council not re-appropriate funds previously appropriated in the FY 1997-98 General Fund Budget. 1. Completion of programs and services budgeted for in the FY 1996-97 General Fund Budget will not be provided for in FY 1997-98. 2. Funding will not be an issue. V. Recommendation: CC: Recommendation is that City Council concur with Alternative A and take the following specific actions: Ao Appropriate funding in the amount of $77,671 from the year-end fund balance to the following accounts: 001-052-1280-2010 001-0524160-3005 001-052-3320-3000 001-054-3350-2060 001-054-3350-3000 001-054-3360-3000 001-004-9310-9508 Dir. of Public Works - Fees for Prof. Svcs. Traffic Engineering - Project Supplies USDA Expenditures Youth Haven - Food USDA Expenditures USDA Expenditures Transfer to Capital Projects Fund $ 8,659 $ 2,o00 $ 5,343 $20,650 $1,602 $ 4,417 $35,000 Transfer funding in the amount of $35,000 from the General Fund Transfer to Capital account (001-004-9310-9508) to the Capital Projects Fund Traffic Signals - General - Appropriation from General Revenue account (008-052-9560-9003). Respectfully submitted, ~: ~erbert City Manager Assistant City Manager Budget Administrator City Attorney City Clerk Director of Finance Director of Human Development Director of Public Works MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File #27-53-60-405 Brent Reuss, Project Manager Black & Veatch 8604 Cliff Cameron Drive, Suite 164 Charlotte, North Carolina 28269 Dear Mr. Reuss: I am enclosing copy of Resolution No. 33524-080497 authorizing execution of an amendment to the City's contract with Black & Veatch, for additional engineering services in connection with the Roanoke River Interceptor Sewer Replacement Project, in the amount of $140,880.00, for a total contract amount of $1,809,115.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA.g?~AUG.4 Brent Reuss, _Pr_o__ject Manager Black & Veatch August 7, 1997 Page 2 pc: Randolph M. Smith, City Manager, City of Salem, P. O. Box 869, Salem, Virginia 24153-0869 Elmer C. Hodge, County Administrator, Roanoke County, P. O. Box 29800, Roanoke, Virginia 24018-0798 The Honorable Marsha C. Fielder, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Phillip C. Schrimer, Project Manager Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Diane S. Akers, Budget Administrator, Office of Management and Budget Charles A. Harlow, Grants Compliance Monitor Dolores C. Daniels, Assistant to the City Manager for Community Relations H:~AGENDA.g'AAUG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI& The 4th day of August, 1997. No. 33524-080497. A RESOLUTION authorizing the execution of an amendment to the City's contract with Black & Veatch, for additional engineering services in connection with the Roanoke River Interceptor Sewer Replacement Project. BE IT RESOLVED 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, upon form approved by the City Attorney, Amendment Number 2 to the City's contract with Black & Veatch, dated October 10, 1994, in order to provide for additional services related to the Roanoke River Interceptor Sewer Replacement Project as set forth in the report to this Council dated August 4, 1997. 2. The cost of these additional services shall be $140,880.00, which will increase the contract amount from $1,668,235.00 to $1,809,115.00. ATTEST: City Clerk. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 7, 1997 File #27-53-60-405 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33523-080497 amending and reordaining certain sections of the 1997-98 Sewage Treatment Fund Appropriations, providing for the transfer of $51,703.00 from STP Expansion Bonds 1994 to the Roanoke River Interceptor Sewer account, in connection with additional engineering services relating to the Roanoke River Interceptor Sewer Replacement Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, p~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~.GENDA.gT~AUG.4 James D. Grisso- Director of Finance August 7, 1997 Page 2 pc: The Honorable Marsha C. Fielder, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Phillip C. Schrimer, Project Manager Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Diane S. Akers, Budget Administrator, Office of Management and Budget Charles A. Harlow, Grants Compliance Monitor Dolores C. Daniels, Assistant to the City Manager for Community Relations H:~AGENDA.gT~AUG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of August, 1997. No. 33523-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Sewage Treatment 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 1997-98 Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Apr~roodations Capital Outlay $28,013,718 Roanoke River Interceptor Sewer (1-2) ........................ 2,015,880 94 STP Expansion Bonds (3) ............................... 8,322,964 Revenue Due from Other Governments (4-5) ............................ 1,082,413 1 ) Appropriated from Bonds 2) Appropriated from Other Governments 3) Appropriated from Bonds 4) Due from Roanoke County 5) Due from City of Salem (003-056-8469-9001 ) (003-056-8469-8999) (003-056-8465-9001 ) (003-1072) (003-1071) $ 51,703 89,177 (51,703) 41,700 47,477 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. August 4, 1997 Council Report No. 97-166 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT ENGINEERING DESIGN SERVICES CONTRACT AMENDMENT NO. 2 Backaround on the subject in chronological order is as follows: Roanoke River Interceptor Sewer Replacement is part of the renovation and expansion of !oint use sewer facilities considered by City Council at its meeting of December 13, 1993. Fundina in the amount of 815.7 million was approved bY C0vncil action on December 13, 1993, to support the City's share of the $41.5 million proiect. The funding is from the proceeds of a general obligation bond issue. The Roanoke River Interceptor Sewer Replacement Proiect replaces the existing interceptor sewer from the Water Pollution Control Plant to the Salem city limit. II. Current situation is as follows: Several issues have impacted the consultants' schedule and scope of servk;es, These issues include: Additional Pro!ect Lenoth. The initial agreement anticipated 45,408 feet of replacement; the final length is 51,870 feet, an increase of 14.2 percent. This increase in length required additional surveying, easement documents and design. The increased cost for this task is $43, 870. Contract Time. The initial agreement anticipated a start of work in July of 1994; the actual start was delayed until December 1994. Construction services were estimated to begin in June 1995, and will not start until September 1997. The consultant has requested additional compensation costs in the amount of $39,65§ to offset increased salary costs. Redesian and Rebiddina of Contracts A & B. After reviewing bids, all were rejected for Contracts A & B and the project redesigned in part in an effort to reduce costs. Additional cost for this task is $46,413. Additional Desian Task~. The consultant was requested to perform several design studies at the Hannah Court Trailer Park to reduce Honorable Mayor and Members of City Council ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT ENGINEERING DESIGN SERVICES CONTRACT AMENDMENT NO. 2 August 4, 1997 Page 2 construction impacts and modify the proposed sewer alignment at the plant head works. The additional cost for these tasks is ~ Contract Summery Initial Agreement Amendment No. 1 Proposed Amendment No. 2 Total $1,595,000 73,235 140,880 $1,809,115 Total amendments to date including proposed Amendment No. 2 are equivalent to 13.4 percent of the initial agreement value. III. Issue~ in order of importance are as follows: A. Cost B. Funding IV. Alternative~ in order of feasibility are as follows: Authorize the City Manager to execute Contract Amendment No. 2, in a form approved by the City Attorney, with Black & Veat~;h in the amount of $140,880. 1. Cost is reasonable for the additional work. Funding for the City's share (36.7% or $51,703) is available in STP Expansion Bonds 1994 (003-056-8465) and may be transferred to Roanoke River Interceptor Sewer account (003-056-8469) to pay the cost of the change order. Funding of $89,177 will be provided by the other participating jurisdictions (Roanoke County 29.6% or $41,700, and City of Salem 33.7% or $47,477) and needs to be appropriated. Do not authorize the City Mana(~er to execute Contract Amendment No. ? with Black & Veatch. 1. Cost would be based on future negotiation. Honorable Mayor and Members of City Council ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT ENGINEERING DESIGN SERVICES CONTRACT AMENDMENT NO, 2 August 4, 1997 Page 3 Fundina for the City share would remain in STP Expansion Bonds 1994 (003-056-8465) and funding from other localities would not be appropriated. Mo Recommendation is as follows: City Council concur in alternative "A" and take the following action: Ao Authorize the City Manaoer to execute Contract Am~n~lm~nt No. ?, in a form approved by the City Attorney, with Black & Veatch in the amount of $140.880 and -0- additional calendar days of contract time. Transfer $51,70:~ from STP Expansion Bonds 1994 (003-056-8465) to Roanoke River Interceptor Sewer account (003-056-8469) for the City share of the Contract Amendment. Appropriate $89.177 to be funded by other jurisdictions and increase the receivable accounts previously established. Respectfully submitted, W. Robert Herbert City Manager WRH/PCS/kh C: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue City Manager, City of Salem County Administrator, County of Roanoke MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File #27-468 William K. Blanchet, President Bio Gm Systems, Inc. A Division of Wheelabrator Clean Water Systems, Inc. 180 Admiral Cochrane Drive Suite 305 Annapolis, Maryland 21401 Dear Mr. Blanchet: I am enclosing copy of Ordinance No. 33525-080497 authorizing execution of an amendment extending for an additional term of one year a contract with Wheelabrator Clean Water Systems, Inc., for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant, at a cost of $89.54 per dry ton, not to exceed 11,000 dry tons during the period of September 1, 1997, through August 31, 1998, for an amount not to exceed $984,940.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA.97~AUG.4 William K. Bla~3._~et, President Bio Gro Systems, Inc. August7,1997 Page 2 pc: The Honorable Marsha C. Fielder, Commissioner of the Revenue W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician L. Bane Coburn, Project Manager Kit B. Kiser, Director, Utilities and Operations Steven L. Walker, Manager, Water Pollution Control Plant D. Darwin Roupe, Manager, Supply Management Diane S. Akers, Budget Administrator, Office of Management and Budget Dolores C. Daniels, Assistant to the City Manager for Community Relations H:~AGENDA. 97~,UG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33525-080497. AN ORDINANCE authorizing execution of an amendment extending for an additional term of one year a contract with Wheelabrator Clean Water Systems, Inc., for remo,,ag, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an amendment to a contract dated December 13, 1993, with Wheelabrator Clean Water Systems, Inc., extending such contract for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant, for an additional term of one year at a cost of $89.54 per dry ton, not to exceed 11,000 dry tons during the period of September 1, 1997, through August 31, 1998, for an amount not to exceed $984,940, as more particularly set forth in the report of the City Manager to Council dated August 4, 1997. 2. The form of the amendment shall be approved by the City Attorney. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. August 4, 1997 Council Report No. 97-169 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: FOURTH YEAR CONTRACT REMOVE, TRANSPORT, AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA B_~ on the subject in chronological order is as follows: Wheelabretor Clean Water Systems, Inc., had a one vear c(~ntr~ct to remove, haul, and dispose of digested, lagooned sludge from the Water Pollution Control Plant. The contract was from September, 1994 to September, 1995, with the option to renew for four (4) additional one year periods. Present contract price is $87.54 Der dry ton for a minimum of 7,000 dry tons (and a maximum of 11,000 dry tons) for the one year contract. Price fluctuation Der dry ton of sludge is based on the Consumer Price Index (CPI). The present contract is as follows: June 1996 CPI was 156.7 and the dry ton cost for 1996-1997 was $87.54. June 1997 CPI is 160.3. June 1997 160.3 - June 1996 156.7 = 3.6 3.6 + 156.7 = 2.29% increase $87.54 x 2.29% increase = ~ per dry ton This would be the per ton cost of the fourth year of the five (5) year agreement. Ootion was taken for five vears because of the time required to have land parcels approved for sludge application. II. Current situetion is as follows: Fourth vear contract with Wheelabrator Clean Water Systems, Inc., would bo a unit Price of $89.54 per dry ton with a minimum of 7,000 dry tons, or $626,780, and a maximum of 11,000 dry tons, or $984,940. Honorable Mayor and Members of City Council FOURTH YEAR CONTRACT REMOVE, TRANSPORT, AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT August 4, 1997 Page 2 The base contract would be for the 7,000 dry ton,-, with additional tonnage being approved monthly by administrative change order. III. Issues in order of importance are as follows: ApProval or re!ectign Qf fgurth year contract Time Funding IV. Alternatives in order of feasibility are as follows: Authorize the City ManaQer to enter into a contractual aQreement for the fg~rtl~ year of a five year option, with Wheelabrator Clean Water Systems, Inc., to remove and properly dispose of digested, lagooned sludge at the rate of $89.54 per dry ton. Contract shall not exceed 11,000 dry tons for the amount of $984.94Q for the one year contract. ADor0val of the fourth year contract would be at the rate of $89.,B4 per dry ton, not to exceed 11,000 dry tons, or $984.940. 2. Time of the contract is for one (1) year. 3. Funding is available in account number 003-056-3150-2010. B. Reiect the renewal of the contract. Re!ection of the fourth year contract would mean the accumulating sludge would not be disposed of in a timely manner. Lagoons would fill and possibly overflow before another contractor could get permits approved for land application. Time would not be a factor for the fourth year renewal of the contract. Funding would not be encumbered at this time. Honorable Mayor and Members of City Council FOURTH YEAR CONTRACT REMOVE, TRANSPORT, AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT August 4, 1997 Page 3 Recommendation is as follows: City Council concur in alternative "A" and take the following action: Authorize the City Manaoer to renew the contract with Wheelabrator Clean Water Systems, Inc., for the fourth year to remove, transport, and dispose of sludge at the rate of $89.54 per dry ton, not to exceed 11,000 dry tons, for an amount not to exceed $984.940. Time of contract is one year, and funding is available in account number 003-056-3150-2010. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/kh City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Manager, Water Pollution Control Plant Mary F. Parker, CMCIAAE C~y CHrk CITY OF ROANOKE Office of the City Clerk August7,1997 File #132 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Monday, August 4, 1997, Council Member Swain requested that future Bid Committee/City Manager reports contain information on the addresses of successful bidders/contractors, etc. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management H:~.GENDA.97~UG.4 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File #20-77-379-514 M. Scott Hollis Urban Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear Mr. Hollis: I am enclosing copy of Resolution No. 33526-080497 endorsing and requesting a break in the limited access on the west side of 1-581 to allow pedestrian and bicycle access at the 1-581 Valley View Boulevard interchange bridge. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA.97~AUG.4 M. Scott Hollis~-- Urban Engineer Virginia Department of Transportation August 7, 1997 Page 2 pc: Elizabeth Belcher, Roanoke Valley Greenways Coordi~--~:tor, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer Charles M. Huffine, City Engineer John R. Marlles, Chief, Planning and Community Development Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENOA.97~AUG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33526-080497. A RESOLUTION endorsing and requesting a break in the limited access line on the west side of 1-581 to allow pedestrian and bicycle access at the 1-581 Valley View Boulevard interchange bridge. WHEREAS, 1-581 Interchange improvements were endorsed by Roanoke City on March 18, 1996, by the adoption of Resolution No. 32856-031896; WHEREAS, Virginia Department of Transportation (VDOT) has adopted a Six-Year Improvement Program for Fiscal Years 1996-97 through 2001-2002 for interstate highways, which includes an improvement project in the City, known as 1-581 Interchange at Valley View Boulevard - Phase I; WHEREAS, Federal Highway Administration has notified the City on August 23, 1996, of its approval of the new interchange access; WHEREAS, Roanoke City Council approved an agreement with Mattern & Craig, Inc., for design of the interchange and an agreement with VDOT for construction bidding and administration by Resolution No. 33207-121696, adopted on December 16, 1996; WHEREAS, the 1-581/Valley View Boulevard bridge has been identified in the Roanoke Valley Greenway Plan and in the draft Bikeway Plan for the Roanoke Valley as a bicycle/pedestrian corridor connecting neighborhoods, the Valley View area, and downtown; and WHEREAS, approving a resolution, requesting a break in the limited access line to allow pedestrian and bicycle access at the 1-581/Valley View Boulevard interchange does not commit the City to proceed with implementing a bicycle/pedestrian facility on the proposed 1-581/Valley View overpass until bids have been awarded for the interchange. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, that this Council, by this resolution, endorses and requests a break in the limited access line on the west side of 1- 581 to allow pedestrian and bicycle access at the 1-581/Valley View Boulevard interchange bridge. ATTEST: City Clerk. H: RES R-181-AC lA August 4, 1997 No. 97-170 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: 1-581/Valley View Boulevard Interchange Break In Limited Access Line I. Backqround: 1-581 Interchanqe improvements were endorsed by Roanoke City Council on March 18, 1996. Virginia Department of Transportation (VDOT) has adopted a Six-Year Improvement Program for Fiscal Years 1996-97 through 2001-2002 for interstate highways, which includes an improvement project in the City, known as 1-581 Interchange at Valley View Boulevard - Phase I. Federal Highway Administration notified the City on August 23, 1996, of its approval of the new interchange access. Roanoke City Council approved an agreement with Mattern & Craig, Inc., for design of the interchange and an agreement with VDOT for construction bidding and administration on December 16, 1996. II. Current situation: The 1-581/Valley View Boulevard bridqe has been identified in the Roanoke Valley Greenway Plan and in the draft Bikeway Plan for the Roanoke Valley as a bicycle/pedestrian corridor connecting neighborhoods, the Valley View area, and downtown. Construction plans and specifications are being developed to include pedestrian and bicycle accommodations through the interchange. Bid documents will identify the specific costs related to such features on the bridge and to connect between Valley View Boulevard Extended and a future greenway along Lick Run. Council will be in a position to include or exclude the pedestrian/bicycle accommodations when awarding the contract for the bridge. Council Report No. 97-170 Page 2 August 4, 1997 Ce VDOT and FHWA agree that a bicycle/pedestrian facility could be accommodated in the interchange. The City must now provide VDOT with a formal request for a break in the limited access line on the west side of 1-581 for the bicycle/pedestrian facility. VDOT indicated that this is needed now in the event that there is a favorable vote from City Council to fund and construct the bicycle/pedestrian facility on the bridge. VDOT will then proceed to secure approval from the Commonwealth Transportation Board (CTB) and the FHWA. III. Issues: A. VDOT B. Timinq C. Greenway and Bicycle plans. IV. Alternatives: ae City Council approve a resolution requesting a break in the limited access line on the west side of 1-581 to allow pedestrian and bicycle access at the 1-581/ Valley View Boulevard interchange bridge. VDOT will be in a position to request approval from the CTB and the FHWA. Timinq is important since the CTB and FHWA approval is needed by the time City Council awards a construction contract for the project in late October. 3. Greenwa¥ and bicycle plans may be accommodated. City Council not approve a resolution requesting a break in the limited access line on the west side of 1-581 to allow pedestrian and bicycle access at the 1-581/ Valley View Boulevard interchange bridge. VDOT will not be able to seek the CTB and FHWA approvals needed to allow pedestrian/bicycle facilities to connect to the Lick Run area. Council Report No. 97-170 Page 3 August 4, 1997 Timinq for including the pedestrian/bicycle facilities in this construction project would be jeopardized. 3. Greenway and bicycle plans may not be accommodated. Recommendation is that City Council approve a resolution requesting a break in the limited access line on the west side of 1-581 to allow pedestrian and bicycle access at the 1-581/ Valley View Boulevard interchange bridge. This still does not commit the City to proceed with implementing a bicycle/pedestrian facility on the proposed 1-581/Valley View overpass until bids have been awarded for the interchange. Respectfully submitted, W. Robert Herbert City Manager WRH:RKB:gpe copy: City Attorney Director of Finance Director of Public Works Manager, Office of Management & Budget Chief, Planning & Community Development City Engineer Traffic Engineer MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File #27-472 Tony B. Blevins, Vice-President Crowder Construction Co. P. O. Box 3246 Bristol, Tennessee 37620 Dear Mr. Blevins: I am enclosing copy of Ordinance No. 33527-080497 authorizing the City Manager's issuance of Change Order No. 1 to the City's contract with Crowder Construction Co., for additional construction time and additional work, in connection with the Tinker Creek Interceptor Sewer Replacement project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA.97~UG.4 Tony B. Blevias,_Vice-President Crowder Construction Co. August 7, 1997 Page 2 pc: The Honorable Marsha C. Fielder, Commissioner of the Revenue Randolph M. Smith, City Manager, City of Salem, P. ~i~ Box 869, Salem, Virginia 24153 B. Clayton Goodman, III, Town Manager, Town of Vinton, P. O. Box 338, Vinton, Virginia 24179 Elmer C. Hodge, County Administrator, County of Roanoke, P. O. Box 29800, Roanoke, Virginia 24018-0798 Gerald A. Burgess, III, County Administrator, County of Botetourt, P. O. Box 279, Fincastle, Virginia 24090 W. Robert Herbert, City Manager VVilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Steven L. Walker, Manager, Water Pollution Control Plant William F. Clark, Director, Public Works Charles M. Huffine, City Engineer L. Bane Coburn, Project Manager Ellen S. Evans, Construction Cost Technician Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget H:~,GENOA.97~AUG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI& The 4th day of August, 1997. No. 33527-080497. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 1 to the City's contract with Crowder Construction Company in connection with the Tinker Creek Interceptor Sewer Replacement project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with Crowder Construction Company, in connection with the Tinker Creek Interceptor Sewer Replacement project, all as more fully set forth in the report to this Council dated August 4, 1997. 2. The Change Order will provide authorization for additional construction time and additional work in the amount of $129,827.00 and for $245,750.00 in deductions from the original contract amount for reductions in the amount of work or material originally anticipated for a total reduction or credit orS115,923.00 to the original contract amount, all as set forth in the above report. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. August 4, 1997 Council Report No. 97-174 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: CHANGE ORDER NO. 1 TINKER CREEK INTERCEPTOR CONNECTION WATER POLLUTION CONTROL PLANT ~ on the subject in chronological order is as follows: A. Contractor is Crowder Construction Company of Charlotte, North Carolina. B. Construction contract amount, awarded by City Council at its meeting on April 21, 1997, is ~1,865.800 with a specified time of 180 consecutive calendar days. C. Project consists of the installation of a 54" reinforced concrete pipe from the siphon box of the Tinker Creek trunk line river cr088ino to a iunction box to be constructed at the headworks of the Water Pollution Control Plant. II. Current situation is as follows: The followina savinas to the project were recoanized at the oreconstruction ~;onference: Delete flowable concrete fill (lean concrete) and replace with #57 compacted stone. $100,000 Delete all new paving, curb and gutter, and sidewalk construction, delete stone backfill of pipe excavation at roadways and add 6" stone for temporary roadway. (Road, curb, gutter, and sidewalk replaced under Plant Expansion Contract under one of the last items of construction.) 69,000 Reduction in cost of Plant drain pump station and related 24" pipe. (Due to reduction in size of BAF piping.) 65,000 .. Move 54" trunk line to center of street from off riverbank for approximately 650 feet. 11.750 Total Deductions $245,750 Once work had started and existina pipe uncovered at critical Doints, the following additional work has been auoted: Honorable Mayor and Members of City Council CHANGE ORDER NO. 1 TINKER CREEK INTERCEPTOR CONNECTION WATER POLLUTION CONTROL PLANT August 4, 1997 Page 2 At the headworks, the new 54" Tinker Creek trunk line was shown passing under the 48" primary bypass pipe. When uncovered it was determined that the top of the 54" trunk line was some 6" into the bypass line. A junction box over the two pipes has been detailed for this conflict, with one additional 48" sluice gate valve. $89,123 The 54" Tinker Creek trunk line also overlaps the 48" pipe from the primary clarifiers to the retention basin. This also requires a junction box and sluice gate to resolve the conflict. 40,704 Total for Additional Work $129,827 An addition of 30 days construction time is also requested to build these two boxes. Total ~mount of Chanae Order No. 1 is a ~redit of $115.923 and an additional time of 30 consecutive calendar days. Completion date of the project would then be December 22, 1997. III. 18sues in order of importance are as follows: A. En_oineerina_ concerns B. Fvndina C. Time 0f ~0mDletion IV. Alternatives in order of feasibility are as follows: A. Approve the issuance of Chanae Order No. 1 to the contract with Crowder Construction Company for a credit of $115.923 and an additional 30 consecutive calendar days construction time. "1. Engineerino concerns as previously described would be met in a timely manner. 2. Fundina would be available in account no. 003-056-8483. 3. Time of c0mDletion would be extended by 3Q consecutive calendar days to December 22, 1997, which is acceptable. Honorable Mayor and Members of City Council CHANGE ORDER NO. 1 TINKER CREEK INTERCEPTOR CONNECTION WATER POLLUTION CONTROL PLANT August 4, 1997 Page 3 Reject the issuance of Chancre Order No. 1. Engineerinq concerns would not be met in a timely manner. Fundina of the contract amount would not change. Time of completion would not be extended. V. Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Ao Authorize the City Manager tO issue Chanae Order No. I to Crowder Construction Company in the amount of a credit of 8115,923 and an additional construction time of 30 consecutive calendar days. The total contract amount would then be $1,749,877 and the completion date December 22, 1997. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/kh C: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Water Pollution Control Plant City Manager, City of Salem Town Manager, Town of Vinton County Administrator, County of Roanoke County Administrator, County of Botetourt Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 7, 1997 File #165-166-188-237-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33528-080497 amending the Garden City Property/Relocation Program - Acquisition Policy to allow for the moving of houses prior to the City's purchase under the Acquisition Policy and to allow the City to offer for sale houses the City has purchased under the Acquisition Policy, subject to certain terms and conditions; permitting the City Manager to amend the Acquisition Policy to provide for the above matters and to place certain time and other reasonable restrictions on said procedures. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment: H:~AGENDA.97~AUG.4 W. Robert Herbert City Manager August 7, 1997 Page 2 pc: Mr. Dennis D. Tinsley, Co-Chair, Garden City Flood Task Force, 719 Estates Road, S. E., Roanoke, Virginia 24014 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Dolores C. Daniels, Assistant to the City Manager for Community Relations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDA.gT~AUG.4 IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINIA The 4th day of August, 1997. No. 33528-080497. AN ORDINANCE amending the Garden City Property/Relocation Program - Acquisition Policy to allow for the moving of houses prior to the City's purchase under the Acquisition Policy and to allow the City to offer for sale houses the City has purchased under the Acquisition Policy subject to certain terms and conditions; permitting the City Manager to amend the Acquisition Policy to provide for the above matters and to place certain time and other reasonable restrictions on these procedures; and providing for an emergency. WHEREAS, Council approved the Garden City Property/Relocation Program - Acquisition Policy on February 3, 1997, by Ordinance No. 33265-020397 which provided guidelines for the purchase and demolition of houses in the Garden City area under the Federal Emergency Management Agency's grant program; and WHEREAS, certain issues have arisen since the adoption of the Acquisition Policy concerning the moving or selling of houses by the property owners prior to the sale to the City and the sale of houses by the City at, er the City has purchased the houses and those issues now require an amendment to the Acquisition Policy. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Council hereby amends the Garden City Property/Relocation Program - Acquisition Policy to provide that the owners of the houses in the program may move those houses or sell them to someone who will move them prior to the City's purchase of the property and to allow the City to sell any houses it purchases pursuant to the Acquisition Policy and to permit the City Manger to place certain time and other reasonable restrictions on those procedures, including requiring the approval of the immediately surrounding property owners where the house is to be moved, all as more fully set forth in the report to this Council dated August 4, 1997. 2. The City Manager or the Assistant City Manager is hereby authorized to implement this change by making a written amendment to the Acquisition Policy to incorporate the procedures set forth above and to include in that amendment certain time and ~-her reasonable restrictions on those procedures as set forth above. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. August 4, 1997 Council Report No. 97-175 Honorable Mayor and Members of City CoUncil Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: GARDEN CITY PROPERTY/RELOCATION PROGRAM - POLICY Background on the subject in chronological order is as follows: Citv Council approved the Garden Citv Property/Relocation Prooram's Acouisition Policv as Ordinance No. 33265-020397. on February 3. 1997. This policy provided guidelines for the purchase of houses under the Federal Emergency Management Agency's (FEMA) grant program. The approved Acouisition Policy did not specifically address the moving or selling of houses bv the property owners prior to sale to the City. The purpose of this grant program is to remove houses from the floodplain and return the properties to open space. Any houses which are removed from the lots prior to the City's purchase will save the City the cost of asbestos surveys/abatement and the cost of demolition. FEMA does not object to the houses being moved by the owners, or by someone to whom the owners sold the house. Therefore, due to the potential $8,000 to $10,000 cost savings per house, it has always been the intent of staff to allow the owners or someone to whom the owners sold the house to move the houses prior to selling to the City. This issue was orally stated at the February 3, 1997 City Council meeting, however it was not included in the written Acquisition Policy that was adopted by City Council. The City would pay the assessed price for the house and lot even if the house were moved by the owner or someone else. The City Attorney has determined that the program may not be administered inconsistently with the written policy adopted by City Council. The Acquisition Policy adopted bv City Council did not address the sale of houses after they had be~n Durchased bv the City. Under this program it has always been our intent to demolish any house purchased by the City which had not been moved by the owner or someone to whom the owner sold the house. The City has been approached by several citizens who are interested in purchasing several of the houses which the City now owns. If the City sells any of these houses, it could provide similar cost savings to those stated above. FEMA is agreeable to the sale of houses if they are offered for public bidding and all proceeds from their sale are returned to the project fund. There are approximately 5 to 6 houses in this program which would be good candidates for moving. These houses are in good and livable condition and have not experienced any significant damage above the first floor from previous flooding. Honorable Mayor and Members of City Council GARDEN CITY PROPERTY/RELOCATION PROGRAM - POLICY August 4, 1997 Page 2 II. Current situation is as follows: The City has currently purchased ten houses under this program and none of the owners to date have desired to move their houses. At least one of the remaining owners is interested in moving their house, and therefore, would require that this allowance be added to the Acquisition Policy. The City has been approached to sell several houses which have been purchased by the Citv. This would require amending the Acquisition Policy and the Purchase Agreement to allow the City to offer these houses for sale to be moved by others. The members of the Garden City Resident Task Force have all indicated that they SUDDort the City allowino for the relocation of houses which are in this orooram. A letter of support from the Chairman of the task force is attached. III. Issues in order of importance are as follows: Protection of housino stock Fundino Neiohborhood SUDDOrt IV. Alternatives are as follows: Allow the owners to move their houses or to sell them to someone who will move them prior to the City's purchase, or if the owners do not move their houses. allow the sale of City purchased houses to others so that they can be moved, and permit the City Manager to place certain time and other reasonable restrictions on these procedures, including the approval of the surrounding property owners where the house is to be moved. Protection of housino stock is accomplished by allowing the purchase and moving of all houses which are practical and economical to move. Fundino for this project would be supplemented by the sales price received for houses and the reduction in demolition and asbestos abatement costs. Neiohborhood SUDDOrt for this alternative has been received from the Garden City Resident Task Force. Honorable Mayor and Members of City Council GARDEN CITY PROPERTY/RELOCATION PROGRAM - POLICY August 4, 1997 Page 3 Allow the owners to move their houses or to sell them to someone who will move them prior to the City's purchase, but do not allow the sale of City purchased houses to others so that they can be moved, and permit the City Manager to place certain time and other reasonable restrictions on these procedures, including the approval of the surrounding property owners where the house is to be moved. Protection of housino stock is limited to those houses moved by the current owners. Funding for this project would be supplemented by the reduction in demolition and asbestos abatement costs for the houses moved by the current owners. Neighborhood SUODOrt for a portion of this alternative has been received from the Garden City Resident Task Force. D0 not ~tllow the owners to move their houses or to sell them to someone who will move them prior to the City's ourchase, but do allow the sale of City p~ir(;hased houses to others so that they can be moved, and permit the City Manager to place certain time and other reasonable restrictions on these procedures, including the approval of the surrounding property owners where the house is to be moved. Protection of housino stock is accomplished by allowing the purchase and moving of all houses which are practical and economical to move. Fundino for this project would be supplemented by the sales price received for houses and the reduction in demolition and asbestos abatement costs. o Neiohborhood SUDDort for a portion of this alternative has been received from the Garden City Resident Task Force. Do not allow the owners to move their houses or to sell them to someone who will move them prior to the City's Durchase. and do not allow the sale of City ourchased houses to others so that they can be moved. 1. Protection of housino stock is not accomplished. 2. Fundino for this project would not be supplemented. Neighborhood SU~DOrt for this alternative has not been received from the Garden City Resident Task Force. Honorable Mayor and Members of City Council GARDEN CITY PROPERTY/RELOCATION PROGRAM - POLICY August 4, 1997 Page 4 Recommendation is as follows: City Council concur in Alternative "A" and take the following actions: Amend the Garden City Property/Relocation Prooram Acouisition Policy to allow the owner8 tO move their h0use8 or sell them to someone who will move them prior tO the City'8 purchase and to allow the sale of City purchased houses to others so that they can be moved and permit the City Manager to place certain time and other reasonable restrictions on these procedures, including the approval of the surrounding property owners where the house is to be moved. Funds received from the sale of these houses will be recorded as revenue and available to be appropriated to the Garden City Property/Relocation Program account number 008-052-9696. Respectfully submitted, W. Robert Herbert City Manager WRH/GR/kh Attachment: Letter from Chairman of Garden City Resident Task Force C: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician 87/23/1997 16:42 5403435676 FULTON MOTOR ¢O.,INC PAGE 01 719 Estes Road Roanoke, Virginia July 23, 1997 24014 Mr. W. F. Clark 215 Church Avenue Room 354 Roanoke, VA 24011 Dear Mr, Clark~ This letter is to express my support for the selling of salvagable homes which the City bought out in the FEMA Flood Project. The salvagable homes could be sold and moved to their new owners' destination. The proceeds collected from these sales should be directed back into the FEMA Project. Sincerely, Dennis D. Tin~ley Garden City Flood Task Force C o- Chairman DDT / fb 1 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File #70-472 Robert R. Stanley Executive Director Department of Fire Programs 2807 Parham Road, Suite 200 Richmond, Virginia 23294 Dear Mr. Stanley: I am enclosing copy of Resolution No. 33530-080497 accepting a certain Fire Program Fund Grant from the Commonwealth of Virginia's Department of Fire Programs, in the amount of $118,927.00, and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~A(3ENDA.~'/~AUG.4 Robert R. Sta~.y Executive Director Department of Fire Programs August 7, 1997 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety James Grigsby, Chief, Fire and Emergency Medical Services Diane S. Akers, Budget Administrator, Office of Management and Budget Frank E. Baratta, Grants Compliance Monitor H:~AGENDA.gT~,AUG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33530-080497. A RESOLUTION accepting a certain Fire Program Fund Grant from the Commonwealth of Virginia's Department of Fire Programs and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Commonwealth of Virginia's Department of Fire Programs of a Fire Program Fund grant in the amount of $118,927.00, such grant being more particularly described in the report of the City Manager, dated August 4, 1997, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager or the Assistant City Manager is hereby authorized to execute, on behalf of the City, any documentation required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Commonwealth. ATTEST: City Clerk. Mary F. Parker, CMCIAAE C~y C~erk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 7, 1997 File ~60-70-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33529-080497 amending and reordaining certain sections of the 1997-98 Grant Fund Appropriations, providing for appropriation of $118,927.00, in connection with receipt of Fire Program Fund Grant monies from the Commonwealth of Virginia's Department of Fire Programs. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~,e~GENDA.gT~AUG.4 James D. Grisse_ Director of Finance August 7, 1997 Page 2 pc: W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety James Grigsby, Chief, Fire and Emergency Medical Services Diane S. Akers, Budget Administrator, Office of Management and Budget Frank E. Baratta, Grants Compliance Monitor H:~.GENDA, 97~AUG,4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of August, 1997. No. 33529-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~DropHation Public Safety Fire Program FY98 (1-4) .................................... $ 2,075,567 118,927 Revenue Public Safety Fire Program FY98 (5) ..................................... $ 2,075,567 118,927 1) Training and Development (035-050-3228-2044) $ 81,000 2) Wearing Apparel (035-050-3228-2064) 18,177 3) Recruiting (035-050-3228-2065) 7,500 4) Other Equipment (035-050-3228-9015) 12,250 5) State Grant Receipts (035-035-1234-7256) 118,927 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. August 4, 1997 Council Report//97-410 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Fire Program Fund I. Background concerning this subject is as follows' Fire Program Fund was established by the General Assembly effective October 4, 1985, pursuant to Section 38.1-44.1 of the Code of Virginia. The sunset clause requiring expiration of this fund July 1, 1990 has now been removed; thus, the City's annual allocation of state funds will continue indefinitely. Revenue to support this program is derived from a surcharge on all fire insurance premiums collected throughout the Commonwealth. Co Program guidelines require that funds received are non-supplanting and may not be used in replacement of existing local funding. Funds must be used in accordance with the provisions established by the State Department of Fire Programs. D. Funds provided by this program may be used for the following: Fire Service Training: The fire department may use money received to purchase training equipment, to employ outside training instructor(s) and to reimburse tuition for approved training classes. Regional Fire Service Training Facilities: construct, improve and expand regional facilities. Funds may be used to fire service training Mayor Bowers and Members of Council August 4, 1997 Page 2 Eo Firefighting E~_uipment/Apparatun: Funds may be used to purchase fire apparatus, specialized response vehicles, fire hose, forcible entry tools, ladders and radio equipment. Personal Protective Clothinl~: Funds may be used to purchase helmets, eye protection equipment, protective hoods, boots, coats, pants, and gloves. Prohibited uses of funds are as follows: Construction to improve and expand any training facilities other than Regional Fire Service Training Facilities. Firefighting equipment other than that equipment and appurtenances attached thereto required and used at the scene of a fire to deliver water or other extinguishing agents on the fire, remove smoke and gases, protect property from smoke and water damage and assure the fire is extinguished. o Personal protective clothing that does not meet, at a minimum, the National Fire Protection Association Standards in effect at the time the purchase is made. Funds allocated to the counties, cities and towns pursuant to this subsection shall not be used directly or indirectly to supplant or replace any other funds appropriated by the counties, cities and towns for fire service operations. Such funds shall be used solely for the purposes of fire service training, constructing, improving and expanding regional fire service training facilities, purchasing firefighting equipment or purchasing protective clothing and equipment for firefighting personnel. (Code of Virginia Section 38.2-126 sub-paragraph B). F. Local cash match is not required. Mayor Bowers and Members of Council August 4, 1997 Page 3 II. Current situation is' Ao Bo Roanoke City's allocation of $118,927 was electronically transferred to the City Treasurer on July 10, 1997. These funds were deposited in account //035-035-1234-7256. City Council action is needed to formally accept and appropri~t_e thes---~ funds, and authorize the Director of Finance to e-stablish revenue estimates and appropriation accounts in the Grants Program Fund to purchase the following equipment and supplies in accordance with provisions of this program: Fire Suppression Equipment - $12,250: Purchase of fire hose, nozzles, and appliances. Also purchase Incident Command related materials and hydraulic rescue tools for vehicle extrication. Training and Development - $81,000. To purchase training films, books and manuals to be used in the department's training program and to provide training, education and development for personnel, and to support the Regional Training Center efforts in the Roanoke Valley. Recruitment and Development $7.500. Purchase public education material for grade school children, e.g., coloring books, classroom materials, films, etc. Purchase materials related to a campaign for the recruitment of women and minorities. Personal Protective Clothing $18,177. Purchase fire boots, coats, pants, and helmets for fire suppression purposes. Mayor Bowers and Members of Council August 4, 1997 Page 4 III. Issues in order of importance are: A. Need. B. Funds availability. IV. Alternatives in order of feasibility are:. Ae City Council accept funds from the State Department of Fire Program,:, and authorize the Director of Finance to establish revenue estimates and appropriation accounts for the procurement of materials and equipment for training and development and fire suppression equipment. Need exists to build a Regional Training Center, and to purchase training aids and fire suppression equipment, as detailed previously. Funds availability would be met with acceptance of the Fire Programs Fund allocation. City Council not accept the City's allocation from the State Department of Fire Programs. Need still exists to purchase training aids and fire suppression equipment. 2. Funds availability would remain through the Fire Programs Fund. Vo Recommendation: A. City Council adopt Alternative A which would authorize the following actions: 1. Acceptance by the City Manager of the grant award. Mayor Bowers and Members of Council August 4, 1997 Page 5 o Appropriation of $118,927 with corresponding revenue estimates to accounts established by the Director of Finance in the Grant Projects Fund. Respectfully submitted, W. Robert Herbert City Manager WRH/JG/vds CC-' City Attorney City Clerk Director of Finance Director of Public Safety Budget Administrator MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File #70-72-354 Joseph M. Teefey, Director Department of Medical Assistance Services 600 E. Broad Street, Suite 1300 Richmond, Virginia 23219 Dear Mr. Teefey: I am enclosing copy of Resolution No. 33531-080497 accepting an interim Medicaid reimbursement rate settlement negotiated between the Commonwealth of Virginia Department of Medical Service Assistance Services and certain ambulance providers; and authorizing the proper City officials to execute the Provider Consent Form, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~,GENDA.97~AUG.4 Joseph M. Teef_e.y, Director Department of Medical Assistance Services August 7, 1997 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety James Grigsby, Chief, Fire and Emergency Medical Services Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDA.97~UG,4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33531,080'497. A RESOLUTION accepting an interim Medicaid reimbursement rate settlement and authorizing the proper City officials to execute the Provider Consent Form signifying the City's agreement to such settlement. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City accepts the interim Medicaid reimbursement rate settlement negotiated between the Commonwealth of Virginia Department of Medical Assistance Services and certain ambulance providers. 2. The City Manager or the Assistant City Manager is hereby authorized on behalf of the City to execute the Provider Consent Form provided by the Commonwealth of Virginia Department of Medical Assistance Services, upon certain terms and conditions as set forth in the City Manager's report to this Council dated August 4, 1997. ATTEST: City Clerk. August 4, 1997 Council Report No. 97-411 The Honorable Mayor David Bowers And Members of City Council City of Roanoke Roanoke, VA Subject: Medicaid Reimbursement Increase Authorization Dear Mayor Bowers and Members of Council: Medicaid amhulanee rdmh ~ursmnen_ t r#_t~_ structure has not increased since 1981. Thus, the cost of providing ambulance services to Medicaid patients exceeds the allowable reimbursement rates. Be Several ambulance providers brom, ht lifi_~_-~ against the Commonwealth of Virginia to increase the Medicaid reimbursement rates. Mediation rmuited in an increase of Medicaid reimbursement rates by the establishment of two interim rate increases. The first rate incrmt~ is effective on July 1, 1997; the second rate increase is effective January 1, 1998. II. Current Situation The Roanoke Fire-EMS De?~nmt currently bilk M-_~-_~id_ pafimt~ to the allowable rate structure of 1-5 miles $30.00 / per transport 6-10 miles $60.00 / per transport Over 20 miles $ 2.00 / additional mile B. The new Medicaid in___te~n rn_t_pn are as follows: From July 1 to December 31, 1997 1-5 miles 6-10 miles Over 10 miles $ 62.50 / transport $125.00 / transport $ 2.00 / additional mile The Honorable Mayor and Members of City Council Council Report No. 97-411 August 4, 1997 Page 2 Beginning January 1, 1998: 1-5 miles $ 75.00 / transport 6-10 miles $150.00 / transport Over 10 miles $ 2.00 / additional mile To u_ualify for the l~mhlll'~m~m~ of ~ hi?lu~._ ra_!~ ambulance providers must sign a Provider Consent Form which states that the provider agrees to accept the new Medicaid rates and be bound by the terms of the proposed Settlement Agreement. Under the Agreement, ali providers are precluded from bringing a separate suit to contest the adequacy of the past rate structure and the providers also agree to accept the new rate until June 30, 1998 unless a higher rate is approved for Medicaid transport. The Provida- Consmt Form was received in late June and was time sensitive. To qualify for the increased reimbursement schedule, the form had to be signed and returned to the Commonwealth of Virginia. The Provider Commt Form was signed by Assistant City Manager Jim Ritchie subject to ratification by Roanoke City Council. The Commmnve~th will initiate a study of the Medicaid rate structure, and the City will provide information to assist in this study. III. Issues in order of imimrtanee_- are as follows: A. Public Safety. B. Legal_. The Honorable Mayor and Members of City Council Council Report No. 97-411 August 4, 1997 Page 3 IV. Altermttives in oFder of feasibility A. City_ Council a_~f~'pt_ the mediated Medicaid rate settlement and authorize the City Manager to sign the Provider Consent Form. 1. Ptd)lic SIfety. There are no impacts on public safety service delivery. Legal_. This is a Medicaid rate increase and by authorizing the City Manager to sign the Provider Consent Form, we are agreeing to abide by the terms of the agreement. Revenue Impacts. Total gross billing for ambulance services will be enhanced by approximately $120,000 annually after January 1, 1998. This increased revenue stream will be strictly reimbursement from Medicaid and will not increase citizens' ambulance rates. Cit? Coum/! not approve the Medicaid reimbursement rate increase. 1. Public Safety. There are no impacts on public safety service delivery. Legal~. The City of Roanoke would not be subject to the terms of the mediated agreement and could be free to take legal action to increase fees and retroactive payments of those fees beyond January 1, 1997. Revenue. Current Medicaid reimbursement rates would remain the same until the City of Roanoke agreed to the new rates and/or sought additional relief from the Commonwealth. The Honorable Mayor and Members of City Council Council Report No. 97-411 August 4, 1997 Page 4 V. Recommmdafion City Council approve Alternative A and accept the mediated Medicaid reimbursement rate settlement and authorize the City Manager to sign the Provider Consent Form. Respectfully submitted, W. Robert Herbert City Manager WRH/JG/bss CC: City Attorney City Clerk Director of Finance Director of Public Safety Chief, Fire-EMS Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 7, 1997 File ~60-72-184 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33532-080497 amending and reordaining certain sections of the 1997-98 General Fund Appropriations, providing for appropriation of funds in connection with additional positions for Welfare Reform and Day Care Services. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~AGENDA,97~AUG.4 James D. Grisso_ Director of Finance August 7, 1997 Page 2 pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Corinne B. Gott, Manager, Social Services Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDA.gT~AUG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of August, 1997. No. 33532-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADoroDHations Health and Welfare Health Department (1) ..................................... Social Services - Services (2) ............................... Employment Services (3-25) ................................ Revenues Grants-in-Aid Commonwealth Employment Services (26) .................................. Daycare (27) ............................................ 1) Other Rental 2) Daycare Services 3) Regular Employee Salaries 4) City Retirement 5) FICA 6) Hospitalization Insurance 7) Dental Insurance 8) Life Insurance 9) Disability Insurance 10) Fees for Professional Services (001-054-5110-3075) $( 41,121) (001-054-5314-3159) 411,206 (001-054-5316-1002) (001-054-5316-1105) (001-054-5316-1120) (001-054-5316-1125) (001-054-5316-1126) (001-054-5316-1130) (001-054-5316-1131 ) (001-054-5316-2010) 128,956 13,541 9,865 9,940 662 451 322 1,000 $23,045,718 986,934 6,830,778 1,218,701 $38,003,808 1,256,913 1,743,085 11) Telephone 12) Administrative Supplies 13) Expendable Equipment < $1,000 14) Motor Fuel/Lubricant 15) Training and Development 16) Local Mileage 17) Printing 18) Postage 19) Other Rental - Office Space/Parking 20) Purchased Services 21) Materials Control 22) Management Services 23) Fleet Management 24) Vehicular Equipment 25) Other Equipment 26) Employment Services 27) Day Care (001-054-5316-2020) (001-054-5316-2030) (001-054-5316-2035) (001-054-5316-2038) (001-054-5316-2044) (001-054-5316-2046) (001-054-5316-2075) (001-054-5316-2160) (001-054-5316-3075) (001-054-5316-3160) (001-054-5316-7010) (001-054-5316-7015) (001-054-5316-7025) (001-054-5316-9010) (001-054-5316-9015) (001-020-1234-0681 ) (001-020-1234-0686) 2,000 9,800 30,000 1,500 3;'$0 3,240 1,425 10,000 140,000 66,778 73 100 1,500 55,950 29,600 520,453 370,085 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Cle[k. Roanoke, Virginia August 4, 1997 //97-596 The Honorable Mayor and Members of City Council Roanoke, Virginia Mayor and Members of Council: SUBJECT: APPROPRIATE FUNDS AND APPROVE POSITIONS FOR WELFARE REFORM AND DAY CARE SERVICES I. BACKGROUND Ao Virginia Initiative for Employment Not Welfare (VIEW) began a four year phase in implementation in July, 1995 as part of Governor Allen's landmark Welfare Reform Program for Virginia. Governor Allen sped up implementation of VIEW in December, 1996 due to the success of the program. B. Roanoke City will begin implementation 0fVIEW in October, 1997. The VIEW Program is focused on employment. The expectation is that those who can work will work. Welfare recipients must be given the opportunity to move toward self-sufficiency and away from public assistance. Do Day Care Services will also increaso, as part of Welfare Reform. Social Services must provide these services as part of the transitional benefits welfare recipients will need in their move toward self-sufficiency. II. CURRENT SITUATION Ao The number of Welfare recipients mandated to participate in VIEW is expected to increase to approximately 800 recipients. Currently, Employment Services sees approximately 200 recipients. The current Employment Services Program staffing level is inadequate to handle the increase in the number of recipients mandated to participate in the program. The current Employment Services Program office space is inadequate to handle the increase in the number of recipients and staff. The office is currently located in the City annex building on Campbell Avenue. State/Federal allocations for the Employment Services and Day Care Programs for FY 97/98 exceed the current budgeted amounte~ Employment Services allocation exceeds amount budgeted in cost center 001-054-5316 by $520,453 and Day Care allocation exceeds amount budgeted in cost center 001-054-5314 by $411,206. Day Care requires a 10% local match in the amount of $41,121. The Honorable Mayor and Members of City Council Roanoke, Virginia August 4, 1997 #97-596 Page Two III. ISSUES A. Services tO Citizens. B. Legal. C. Funding. IV. ALTERNATIVES Appropriate $520,453 tO Employment Services Cost Center 001-054-5316~ appropriate $370,085 to Day Care Services cost center 001-054-5314-3159 transfer $41,121 from Health Department-Other Rental cost center 001-054-5110 3075 to Day Care Services cost center 001-054-5314-3159, and approve sevei; additional positions in order to implement VIEW according to federal and state Welfare Reform mandates. Increase the General Fund revenue estimates by $520,453 in Employment Services Account No. 001-020-1234-0681 and $370,085 in Day Care Services Account No. 001-020-1234-0686. 1. Services tO Citizens a~ Welfare recipients will receive services which are necessary to facilitate their move toward self-sufficiency and meet the employment mandates required under Welfare Reform. 2. Legal a~ Federal and State laws mandate Welfare Reform and transitional benefits like Day Care services for all eligible recipients. 3. Funding a~ No cost to locality for additional positions and appropriation for Employment Services Program. Funding will be provided by federal and state allocations. 10% match of $41.121 required for additional Day Care appropriation. This local match is available in Health Department -Other Rental cost center 001-054-5110-3075 as a result cfa lower local match than was budgeted. Federal and state allocations will provide 90% of appropriation. The Honorable Mayor and Members of City Council Roanoke, Virginia August 4, 1997 #97-596 Page Three Do not appropriate $520.453 for Employment Services, $370,085 for Day Care Services, transfer $41,121 to Day Care Services. and approve additional positions. DO not increase the General Fund revenue estimate by $520,453 and $370,085. 1. Services tO Citizens a~ Welfare recipients will not receive the services needed to move them toward self-sufficiency. 2. Legal a; The Department of Social Services remains mandated to provide services. b: Litigation could result unless locality complies with mandates. 3. Funding a: Reimbursement could be withheld until locality complies with mandates. V. RECOMMENDATION: Accept Alternative A and approve seven additional positions for Employment Services (Attachment One details position titles), appropriate $520,453 to Employment Services cost center 001-054-5316 (Attachment Two details object codes within cost center) appropriate $370,085 tO Day Care Services cost center 001-054-5314-3159, and transfer $41.121 for local match from Health Department-Other Rental cost center 001-054-5110 3075 to Da_v Care Services cost center 001-054-5314-3159. Increase the General Fund revenue estimate in Account No. 001-020-1234-0681 (Employment Services) by $520,453, and increase the General Fund revenue estimate in Account No. 001-020- 1234-0686 (Day Care) by $370,085. CC; Wilbum C. Dibling, City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Respectfu~y ~d,/~~~' W. Robert Herbert City Manager Glenn D. Radcliffe, Director of Human Development Corinne B. Gott, Superintendent of Social Services Diane S. Akers, Budget Administrator The Honorable Mayor and Members of City Council Roanoke, Virginia August 4, 1997 #97-596 Attachment One ADDITIONAL POSITIONS REQUIRED DUE TO VIEW IMPLEMENTATION: One (1) Employment Services Supervisor One (1) Senior Employment Services Worker Two (2) Employment Services Workers Three (3) Aides Grade 12 Grade 11 Grade 10 Grade 4 The Honorable Mayor and Members of City Council Roanoke, Virginia August 4, 1997 #97-596 Attachment Two DETAIL OF $520,453 EMPLOYMENT SERVICES APPROPRIATION BY OBJECT CODE: Personal Services: Regular Employee Salaries City Retirement FICA Hospitalization Insurance Dental Insurance Life Insurance Disability Insurance 1002 $128,956.00 1105 13,541.00 1120 9,865.00 1125 9,940.00 1126 662.00 1130 451.00 1131 322.00 Operating Expenditures: Fees for Professional Services 2010 Telephone 2020 Administrative Supplies 2030 Expendable Equipment<$1000 2035 Motor Fuel/Lubricant 2038 Training and Development 2044 Local Mileage 2046 Printing 2075 Postage 2160 Other Rental-Office Space/Parking 3075 Purchased Services 3160 1,000.00 2,000.00 9,800.00 30,000.00 1,500.00 3,750.00 3,240.00 1,425.00 10,000.00 140,000.00 66,778.00 Internal Services: Materials Control Management Services Fleet Management 7010 7015 7025 73.00 100.00 1,500.00 Vehicular Equipment Other Equipment 9010 9015 55,950.00 29,600.00 TOTAL: $520,453.00 Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 7, 1997 File ft60-72-236-246 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33533-080497 amending and reordaining certain sections of the 1997-98 Consortium Fund Appropriations, providing for appropriation of $1,057,242.00, for continuation and implementation of certain programs by the Fifth Planning District Employment and Training Consortium. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, p~)..~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~,~GENDAJD'/~AUG.4 James D. Gris. s~o_._ Director of Finance August 7, 1997 Page 2 pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Vickie L. Price, Administrator, Fifth District Employm~ ~ and Training Consortium Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDA.gT~UG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of August, 1997. No. 33533-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Consortium Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment and Training Consortium FY97-98 Title II - A (1-25) ........................................... Title II - C (26-48) .......................................... Title III (49-67) ............................................ Title III- 40% (68-91) ....................................... Opportunity Knocks (92-95) .................................. Revenue Fifth District Employment and Training Consortium FY97-98 Title II - A (96) ............................................ Title II - C (97) ............................................ Title III (98) ............................................... Title III - 40% (99) ......................................... Opportunity Knocks (100) ................................... $1,057,242 334,736 47,667 246,999 300,000 127,840 $1,057,242 334,736 47,667 246,999 300,000 127,840 1) Administrative Wages 2) Administrative Fringes 3) Administrative Travel 4) Administrative Communications (034-054-9861-8350) (034-054-9861-8351 ) (034-054-9861-8352) (034-054-9861-8353) $ 45,230 11,732 250 750 5) Administrative Supplies 6) Administrative Insurance 7) Administrative Equipment 8) Administrative Miscellaneous 9) Training Wages 10) Training Fringes 11) Training Travel 12) Training Communications 13) Training Supplies 14) Training Equipment 15) Training Miscellaneous 16) FDETC I/R 17) FDETC O,JT 18) Services Wages 19) Services Fringes 20) Services Travel 21) Services Communications 22) Services Supplies 23) Services Insurance 24) Services Miscellaneous 25) Supportive Services 26) Administrative Wages 27) Administrative Fringes 28) Administrative Travel 29) Administrative Communications 30) Administrative Supplies 31) Administrative Insurance 32) Administrative Miscellaneous 33) Training Wages 34) Training Fringes 35) Training Travel 36) Training Communications 37) Training Supplies (034-054-9861-8355) (034-054-9861-8356) (034-054-9861-8359) (034-054-9861-8360) (034-054-9861-8050) (034-054-9861-8051 ) (034-054-9861-8052) (034-054-9861-8053) (034-054-9861-8055) (034-054-9861-8059) (034-054-9861-8060) (034-054-9861-8500) (034-054-9861-8501) (034-054-9861-8030) (034-054-9861-8031) (034-054-9861-8032) (034-054-9861-8033) (034-054-9861-8035) (034-054-9861-8036) (034-054-9861-8040) (034-054-9861-8461 ) (034-054-g863-8350) (034-054-9863-8351 ) (034-054-9863-8352) (034-054-9863-8353) (034-054-9863-8355) (034-054-9863-8356) (034-054-9863-8360) (034-054-9863-8050) (034-054-9863-8051) (034-054-9863-8052) (034-054-9863-8053) (034-054-9863-8055) 350 750 1,000 1,185 36,615 8,474 200 5O0 275 35O 650 159,300 2,500 27,555 6,410 1,500 750 750 750 910 26,000 8,125 2,000 100 75 75 75 32 10,387 1,597 25 250 500 38) Training Equipment 39) Training Miscellaneous 40) FDETC I/R 41) Services Wages 42) Services Fringes 43) Services Travel 44) Services Communications 45) Services Supplies 46) Services Insurance 47) Services Miscellaneous (034-054-9863-8059) (034-054-9863-8060) (034-054-9863-8500) (034-054-9863-8030) (034-054-9863-8031 ) (034-054-9863-8032) (034-054-9863-8033) (034-054-9863-8035) (034-054-9863-8036) (034-054-9863-8040) 48) Supportive Services (034-054-9863-8461) 49) Administrative Wages (034-054-9881-8350) 50) Administrative Fringes (034-054-9881-8351 ) 51) Administrative Travel (034-054-9881-8352) 52) Administrative Communications 53) Administrative Supplies 54) Administrative Insurance 55) Administrative Equipment 56) Administrative Miscellaneous 57) BRS Wages 58) BRS Fringes 59) BRS Travel 60) BRS Communications 61) BRS Supplies 62) BRS VEC 63) BRS Equipment 64) BRS Insurance 65) Training/FDETC IIR (034-054-9881-8353) (034-054-9881-8355) (034-054-g881-8356) (034-054-9881-8359) (034-054-9881-8360) (034-054-9881-8066) (034-054-9881-8067) (034-054-9881-8068) (034-054-9881-8069) (034-054-9881-8070) (034-054-9881-8405) (034-054-9881-8496) (034-054-9881-8056) (034-054-9881-8500) 66) Training/FDETC OJT (034-054-9881-8501) 67) Supportive Services 68) Administrative Wages 69) Administrative Fringes (034-054-9881-846 1 ) (034-054-9882-8350) (034-054-9882-8351 ) 70) Administrative Travel (034-054-9882-8352) 71) Administrative Communications (034-054-9882-8353) $ 350 65O 12,000 7,725 1,582 25 150 5O 150 244 1,500 24,156 5,789 25O 75O 1,000 750 5O0 645 35,965 9,349 250 500 250 12,000 1,500 500 133,500 4,525 14,820 10,047 4,617 5OO 75O 72) Administrative Supplies 73) Administrative Insurance 74) Administrative Equipment 75) Administrative Miscellaneous 76) BRS Wages 77) BRS Fringes 78) BRS Travel 79) BRS Communications 80) BRS Supplies 81) BRS Insurance 82) BRS VEC 83) BRS Equipment 84) BRS Miscellaneous 85) Supportive Services 86) Training/FDETC I/R 87) Training/FDETC OJT 88) Profiling- Administrative Wages 89) Profiling- Administrative Fringes 90) Profiling - Contract Services 91) Profiling - Communications 92) Staff Wages 93) Staff Fringes 94) Participant Wages 95) Participant Fringes 96) Title II - A Revenue 97) Title II- C Revenue 98) Title III Revenue 99) Title III - 40% Revenue 100) Opportunity Knocks Revenue (034-054-9882-8355) (034-054-9882-8356) (034-054-9882-8359) (034-054-9882-8360) (034-054-9882 -8066 ) (034-054-9882-8067) (034-054-9882-8068) (034-054-9882-8069) (034-054-9882-8070) (034-054-9882-8056) (034-054-9882-8405) (034-054-9882-8496) (034-054-9882-8060) (034-054-9882-8461 ) (034-054-9882-8500) (034-054-9882-8501) (034-054-9882-8540) (034-054-9882-8541 ) (034-054-9882-8542) (034-054-9882-8543) (034-054-9891-8050) (034-054-9891-8051 ) (034-054-9891-8030) (034-054-9891-8031 ) (034-034-1234-9861 ) (034-034-1234-9863) (034-034-1234-9881 ) (034-034-1234-9882) (034-034-1234-9891 ) $ 5O0 750 500 644 36,559 8,390 1,000 1,000 1 250 1 000 9 500 3 500 2 802 16 000 162 513 6,000 25,435 6,083 300 360 63,900 15,975 38,000 9,965 334,736 47,667 246,999 300,000 127,840 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. August 4, 1997 # 97-598 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Funding for the Fifth District Employment and Training Consortium BACKGROUND no The Fifth District Employment and Training Consortium (FDETC) administers the federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District. B o The FDETC serves eligible residents in the counties of Alleghany, Botetourt, Craig and Roanoke as well as the cities of Clifton Forge, Covington, Roanoke and Salem. C. This agency serves two primary client populations: dislocated workers who have been laid off from employment through no fault of their own (under Title III), and the economically disadvantaged as determined by income guidelines set by the U.S. Dept. of Labor (under Title II-A, II-C and the Summer Youth Employment Program). Do The City of Roanoke is the grant recipient for FDETC fundinq. City Council must appropriate the funding for all grants and other monies the FDETC receives. Honorable Mayor and Members of City Council Page 2 August 4, 1997 II. CURRENT SITUATION Ao Governor's Employment and Training Department (GETD) has sent to the Consortium Notices of Award for programs which include on-the-job training, work experience, job related education, classroom training, job placement activities, and remedial education in the following amounts: o o o Title II-A (Adults-Ages 22 and over) - $334,736.00. (Notice of Award - 98-03-02) Title II-C (Youth-Ages 16 through 21) - $47,667.00. (Notice of Award - 98-03-03) Title III-F (Dislocated Workers) - $246,999.00. (Notice of Award - 98-03-04) Opportunity Knocks - $127,840.00. OK-98-03-01) B o Virgznia Employment Commission has notified the Consortium of the approval of a request for $300,000.00 to operate a Governor's Regional Project for PY 97. These funds will be used to serve dislocated workers. III . ISSUES A. Program Operations B. Funding C. Timing Honorable Mayor and Members of City Council Page 3 August 4, 1997 IV. ALTERNATIVES Ao Appropriate the FDETC's additional funding totaling $1,057,242.00. and increase the revenue estimate by $1,057,242.00, in accounts to be established by the Director of Finance. Program Operations - Existing activities will continue and planned programs will be implemented. o Funding - Funds are available from the Grantor agency and other sources as indicated at no additional cost to the City. o Timing Immediate action will allow programs to be implemented and completed within planned time frames, July 1, 1997 through June 30, 1998. B ° Do not appropriate the FDETC's funding totaling $1,057,242.00. Program Operations - Planned programs to serve participants would be delayed or never initiated. o Funding - Funds currently available to operate these programs may be rescinded and redistributed to other localities. o Timing - Delay will cause late or failed start- up of programs and possible under expenditure of available funds. Honorable Mayor and Members of City Council Page 4 August 4, 1997 Vo RECOMMENDATION Approve Alternative A: Appropriate the FDETC's funding totaling $1,057,242.00, and increase the revenue estimate by $1,057,242.00, in accounts to be established in the Consortium fund by the Director of Finance. Respectively submitted, City Manager WRH/VLP:wc cc: Director of Finance City Attorney Director of Human Development FDETC Executive Director CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE C~y C~rk Sandra H. Eakin Deputy City Clerk August 7, 1997 File #27-32-40-53-57-67-102-166-217-450-467- 514 W. Robert Herbert City Manager Roanoke, Virginia James D. Grisso Director of Finance Roanoke, Virginia Gentlemen: I am attaching copy of Resolution No. 33534-080497 endorsing the Capital Improvement Program for fiscal years 1998-2002 submitted by report dated August 4, 1997, by the City Manager and Director of Finance, in the amount of $270,980,797.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~AGENDA.9'/~UG.4 W. Robert Herbert James D. Grisso_ August 7, 1997 Page 2 pc: Wilburn C. Dibling, Jr., City Attorney Jesse A. Hall, Deputy Director of Finance George C. Snead, Jr., Director, Public Safety Glenn D. Radcliffe, Director, Human Development William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Kit B. Kiser, Director, Utilities and Operations Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDA.g7~AUG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33534-080497. A RESOLUTION endorsing the Capital Improvement Program submitted by the City Manager and Director of Finance by report of August 4, 1997. WHEREAS, by report of August 4, 1997, and the attachments to such report, the City Manager and Director of Finance have presented an updated 5-Year Capital Improvement Program for Fiscal Years 1998-2002 which represents an investment in the future of Roanoke and offers the City the oppommity to significantly improve its facilities and physical resources while strengthening the City's economic base; WHEREAS, this Capital Improvement Program will impose no extra burden on the taxpayer; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council endorses and concurs in the recommendations of the City Manager and Director of Finance for an updated 5-year Capital Improvement Program for the City of Roanoke for Fiscal Years 1998-2002 in the total amount of $270,980,797 as set out in the report of the City Manager and Director of Finance, dated August 4, 1997, and the attachments to such report. ATTEST: H:~MEASURESXR-CIP98.02 City Clerk. August 4, 1997 Council Report No. 97-34 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: FY 1998-2002 Capital Improvement Program Back;round on the subject in chronological order is as follows: A public hearin,q was held on July 21, 1997 for the purpose of receiving citizen comment on the proposed $39,030,000 general obligation bond issue. At the conclusion of the public hearing, City Council adopted ordinance numbers 33497-072197 and 33498-072197, authorizing the issuance of $39,030,000 principal amount of general obligation bonds and providing for the holding of a referendum in November 1997. II. III. Current Situation is as follows: The Capital Improvement Proeram, totaling $270,980,797, has been revised for fiscal years 1998-2002. The document updates the status of current projects and includes the projects to be funded by the $39,030,000 in general obligation bonds. B. The FY 1998-2002 Capital Improvement Program includes the following: Current Capital Improvement Pro~ram, current projects previously approved and funded, totaling $186,605,241. Supplemental Capital Improvement Program - Priority I, additional projects recommended for approval and funding, totaling $84,375,556. Exhibit I shows all the projects included above in the recommended capital improvement program. Issues are as follows: A. Status of capital projects B. Timing C. Funding IV. Alternatives in order of feasibility are as follows: A. Council endorse the Capital Improvement Program for fiscal years 1998 - 2002 by adopting the attached resolution. 1. Status of capital projects is reflected in the updated document. 2. Timing of update allows document to be discussed with bond rating agencies in evaluating the financial stability of the City. 3. Funding for projects is adequate and the sources are detailed in the document. B. Council not endorse the Capital Improvement Program for fiscal years 1998 - 2002 and not adopt the attached resolution. 1. Status of capital projects has changed since the previous CIP was adopted in October 1995. 2. Timing would not be an issue, although bond rating agencies would not be presented with a current ClP. 3. Funding will continue to be provided for projects which Council has approved. Recommendation is as follows: A. City Council approve Alternative A, endorsing the Capital Improvement Program for fiscal years 1998 - 2002 and adopting the attached resolution. Sincerely, W. Robert Herbert City Manager James D. Grisso Director of Finance Attachment CC: City Attorney City Clerk Assistant City Manager Director of Human Development Director of Public Safety Director of Public Works Director of Utilities and Operations Deputy Director of Finance Budget Administrator City Engineer EXHIBIT 1 Recommended Capital Improvement Program ~C).JECT CATEGOrY/TITLE 1. BddOe Reno~tion Program $ulXo~l - Bddges - Cixren~ CIP 2. 8ddge Renova(kxl Program SubtoU~ - ~ - Supp~nan~ Total - BrkMe. - Raconmmndad ESTIMATED COST OF PROJECT DESIGNATED COMPLETION FUNDING ADOITIONAL FUNDING REQUIRED SOURr-;-~ FOR ~,r,~TIONAL FUNDING REQUIRED B. Buildings 1. ~ogrim Expinsio~ o~ Juvenile De~mtion Home 2. Pm Creek Ex~nskm Fire Station 3. po#ce Fimamm Training Range 4. Sub~ll - Buildings - CmTent CIP 5. Jeflmsm~ C,e~ef - Phase II - The Pedommnce Hall Renovation 6. ~ sy~en~ Long Range Fac:il#kin Imlxovemer~ - Police Building Total - Buildings - Racomnmncled GIP 4,537,000 $ 870,000 158.000 ~7~6,000 $ 4.OOO.0OO $ 6.695.556 3,940.000 7S0.000 3.0OO,O(X) $ 1,537,000 GOB ~sue- S4~7.000. SaM Funding S750.000. and Cap~ Mm,~mmnce Eqmpa~ ~J~c~mem Program - S~ 00.000 870,000 0 158.000 1,2oo,(x)o o 6q228~ooo $ $ 4.000.000 S~ A00.(~0 GO~ kmue. $,100.000 Intm~t & S2.~0.000 k~ttching Funds 5,445,556 1,250.000 ~ ~ ao~ 150,000 S7s,(x)o GOB ~ and S75,(m0 Existing Fun~ 6;4,16,66~ $ 10F0~0fl00 22~300,5~4 $ 10 S73 566 $ 11,S271000 EXHIBIT I (Continued) Recommended Capital Improvement Program CATEGORY/TITLE ESTIMATED COST ADDITIONAL. Of: PROJECT DF. SIGNATED FUNDING COMPLETK~ FUNDINO REQUIRED FOR ~rt~TiON~. FUNDING REQUIRED SuMotal - Economic DevdolX~nl - Current CIP 7. Roanoke Centre for Industry & Technology (RCIT) Development 8. Fmnk~ Road Gorddor D~,elopment Pmod $uMmal - Economic Development - Supplemental CIP To~l - Economic Development - R~commended ClP 2.514.186 $ 2.514.186 $ 0 172.505 172.505 0 .626.(X)0 1.626.000 0 156.050 156.050 0 748.806 748.806 0 ~,saz,s3___Z_7 $ ~,882,~3~7 $_ 0 4.000.000 $ $ 4.000.000 4~tE0~000 $= 0 $ 4.160;000 101052~637 $ 6,B82:637 $ 4~160,000 D. Pm'ks 1. Rlibide Unlit WIIk - Phlse I 2. pwk Renovelkms - Vmious SuMolal - Pmt(s - Current CIP 3. Ndg~xxhood P~k Imixovemen~ 5. Il Mountain G~eenv~y 6. Fmnldln Rcmd Gatewsy Subl~d - Parks - Supplemefl~ tip ToLd -Pmks - Recommended CIP 1.814.500 100.000 1:~14:~0 $ 4A00A00 $ 740.000 5q3H,000 7304600 1,814.500 $ 0 100,000 0 1,,914:600 $ 0 $ 4.000.000 740,000 $260.o00 GOO I~e. $3e0,0oo ~ Cra.t. St00.000 Thild 150~000 0 $ 6;390~000 1,0t4,600 S 6.390.000 EXHIBIT I (Continued) Recommended Capital !mprovement Program i~-CT ~._a~TEG43RY/TI~ ESTIMATED GO~T AD~TIONAL OF PROJECT DE~IONATED FUNDINO CX)MPLETION FUNDIMG REQUIRED FOR &nraT.Valil FUNDING REQUIRED 1. Removal ~ Asbeslo~ Mitmiils 2. Middb ~ ModMnlzidon 3. CoQk~ Sy~ RepkN=amm & Add#ka~ s. ?. I~~ to H~ ~ ~ R~ H~ ~ Suni - ~s - Suni CF 4,400,000 $ 4.400,000 $ 0 13,020,000 13,020,000 0 320,000 320,000 . o 4,287,000 4,287,000 0 22~027,000 $ 22t027,00~r $====;=======~0 1.883,000 $ $ 1,~83,000 17,890.000 17,890,000 $10,300,000 GO~ Issue, $5,000,000 App~ Litermry Fund Loans, and, $2,500,000 Future ~ Fund Loans m VPSA Bond Issue 1,750,000 1,750,000 Sl,3~o.0oo GO8 ~ ifld $400,000 Applovld ~ Fund Loans 2tl623,000 $= 0 $ 21,6231000 43tM0~000 $ 22~027,000 $ 2t,623r000 F. StMm D~Jns 1. NMghbMhood Strum Drain Pfogmm 2. pdlra Creek ._Fk~d_ _ Reduction Pmjl~ 3. Rolnokl RivM Flood RlducUon Plojec( 4. Vdeywk~ Stomwmm ~ Smdy 5. coRPs of Englne.dng M.lN31ng Projoc( SuMoMI - Storm 6. Ndghbodx)od StMm Dr. in Program SuMo~l - Stm'm I:h'eirm - SupplemefltM CJ~ TMoI - Stoim Drains - RecmmnMKkd GL° 4,597,817 $ 4,597,817 $ 0 4,048,426 4,048.426 0 38,005,769 38,09~.759 0 133,1~ 133,16~ 0 t0o,000 lO0,0o0 0 M;076~171 $ 46~076t171, $ 9 2,600,o0o $ $ 2,6o0.o00 ~ ObtiO~bon ~3nd 2,6oo,ooo $~ $ 40,~676,171 $ 46 676 171 $ 2,60010(i0 Note: School projects have been revised to include the following: Huff Lane and Round Hill Improvements; School Technology Equipment; Asbestos Abatement for Middle School Projects; High School Facility Study; Elementary Classroom Additions; and Middle School Renovations. The amount of the bond issue for School projects remains the same at $13,623,000. EXHIBIT I (Continued) Recommended Capital Improvement Program ESTI~L~TED COST ADDITIONAL OF PROJECT DESIONATED FUNDJMO COMPI. ETION FUNI)~G REQUIRED FOR ArV'MT~ FUND#dG REOUIRED (3. Streets and Sidewalks 1. FimA~ $ 2. Hunling Hills I~ 3. Tml~c ~ignd~ - R~m:~n~t 4. ~ Tm~ S~,~ Symm 5. VDOT Highway Pro~ s. cum, Guuer .nd Skl.w~ Program 7. I - 561 Int~:~mnge 8. Kkk lo. TnlmC Skm~ - ~n.m,.aon d N.w Sign~ Sul~otd - Str~ and SkiewMks - Current CIP $ 11. Emergency Vehide Tr~tc Signd Preempt~m Program 12.Cum, Gul~ imd Sidlwdk Progmm -Neighbo~o~d (S2,000.000) . Oullo~k R;~d(l Recommlndllions . Church Avenue (S~0,000) - wi.m~on ~o.d (t4ao.ooo) . w~.m~on ~o~d Comd~ Study- ~ecommendat~ns (t575,000) ~4. VDOT H~g~w.y SuMo~ - Str~ and $1dewdks - Supi~memal tiP $ Tolal - Str~ and $id~vMIm - RecommemJed CIP $ GRAND TOTAL. CAPITA1. FUND-CURRENT CIP $ GRAND TOTAL - CAPITAL FUND - SUPPLEMENTAL CIP $ GRANO TOTAL - CAPITAL FUND - RECOMMENDED CIP $ 15.000 $ 15.000 70.000 7O.O0O 984.553 984.553 1,350,000 1,35C).000 53.451.7'/2 53.451,772 1,150,000 1,150,000 &4,874q326 $ 62,8741326 200,000 $ 3.1,45.000 $ 0 0 0 0 0 0 2.000.000 0 0 0 $ $ 2C)0.0(X) 3.145.000 700,000 700.000 28,332,000 28,332,000 32,3TTtO00 $ 0 $ 32~377j000 97.261.32~ $ 62.874,.326 $ 34p377,000 1M,784~696 S 161,~2471695 S 3~637~000 84~376~666 $ 6,446j666 $ 78~930~000 236,160B261 S 11~j693p261 S 82p4~TjO00 Capital Maintenance Equipment Re~ Program (CMERP) G~.mml Ob4igatio, Bo~d ~ $410.000 OO~ iud.. $27.801.040 ~. $320.9e0 F_~ Funds EXHIBIT I (Continued) Recommended Capital Improvement Program ~:~G. JEGT CATE~YFrlTLE ESTIMATED COST OF PROJECT DESIGNATED COMPt. ETK)N FUNO4NG FUNDmG REQUIRED _~_ raCES FOIl _~n~__T--~- As FUNDING REQUIRED H. Civic Gente~ Fund Subto~ - Civic Gentm' Fund - Gun'ant GE) Tolai - Civic Center Fund - Recorrmmnded CIP I. Sewage Treatment Fund 2. W~ Trea~n~nt Needs SuMo(al - Sewage Fund - Current CIP Total - Sewage Fund - Rm:mllmended CIP J. Water Fund 1. 6' Lkle-StlMmlmn/RCIT Sublotd - W~ Fund - Curren( ¢IP To~d - Wmer Fund - Recommended CIP K. ~ Line $ewtces Fund Subto(al - Utility Line Services Fund - Current GIP Total - IJtll#y Line Services Fund o Recmnmended CIP TOTAL - ENTERPRISE FUND$- CURRENT CIP TOTAL - ENTERPRISE FUNDS - Sup~ CIP TOTAL - ENTERPRISE FUNDS - Recommended CIP $ 1.223.046 $ 1,223,046 $ 0 $ 1223046 $ 1,223,04~ Il 0 $ 1~225~046 Il 1~223~046 $~ 3,250,000 $ 3.250.000 $ 0 26,000,000 18,631,000 7,369,000 Future ~.,~ue Goad issue 25i,260,000 $ 21,881,000 $ 29.2iH).000 $ 21&,881,000 $ 7,369,000 47,5OO $ 47,5OO $ 0 47~S0~, $ 47~S00 $ 0,. 47~SOQ $ 47,S00 S q $ 1,300,000 $ 0 $ 1,300,000 LJtJlity Line Se~ Fund Retained E~ng~ $ 11~300,~000 $:=======;==~0 $ t,300~,000 S %3oo,ooo $========~=o $, S 31,820~646 S 23t161q646 $ $. o $~ $=,====~o $ 31,820,646 EXHIBIT I (Continued) Recommended Capital Improvement Program PROJECT CATEGQ~Y/TITLE GRAND TOTAL. - ALL FUNDS - CURRENT CIP GRAND TOTAL. - ALL FUNDS - SUPPt. EMENTAL CIP GRAND TOTAL - ALL FUNDS - REGOMMEIg)ED ¢IP ESTIMATED COST ADDITIONAL OF PROJECT DESIGNATED FUNDING COMPLETION FUNDING REQUIRED $ 186 606 241 $ t74 399 241 $ 12,206,000 $ 84~375,666 $~ $ $ 270,B80,7S~7 $ 17S,844,7~7 $ S1,1.__~38,000 FOR AnrtITIONAL FUNDING REQUIRED JAMES D. GRISSO Director of Finance August 4, 1997 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P. O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director Honorable Mayor and Members City Council Roanoke, Virginia Subject: Fiscal Year 1997 Unaudited Financial Report Dear Mayor Bowers and Council Members: The General Fund revenues for fiscal year 1997 total 9158,485,416. Collections exceeded the revenue estimate by 1.9% or 92,961,531. The major, revenue sources in our adopted estimates are: Source Real Estate Taxes Personal Property Sales Tax Utility Tax Business License Prepared Food & Beverage Tax Transient Room Tax All Other Total General Fund Revenue Amount Over % Over % Growth (Under) Adopted (Under) Over (Under) Estimate Estimate FY 1996 9 285,520 .7% 5.7% 979,372 5.2% 4.8% 33,492 .2% 4.5% 3,273 -% ( 2.2%) 477,621 5.3% 4.0% 227,569 4.1% 5.2% 94,820 7.6% 6.2% 859,864 1.6% 7.2% 9 2.961.531 1.9% 5.3% In total FY 1997 General Fund revenues increased 5.3% over FY 1996. General Fund expenditures and encumbrances totaled 9159,719,270. Unencumbered appropriations were 92,578,893 or 1.59% of the General Fund budget. Honorable Mayor and Members City Council August 4, 1997 Page 2 The School Fund revenues for fiscal year 1997 total $95,882,957. Collections exceeded the revenue estimate by 0.39% or $368,096. School expenditures and encumbrances totaled $97,724,124. Unencumbered appropriations were $686,160 or 0.60% of the adopted School Fund budget. The Enterprise and Internal Service Funds performance for this fiscal year were within the adopted revenue and expense budgets. The FY 1997 year end designated fund balances for Capital Maintenance and Equipment Replacement (CMERP) for the General Fund and School Fund per the requirements of Ordinance 26292 are as follows: Gener'dl Fund Local Tax Revenues Over Estimate Non-Local Tax Revenues Over Estimate Unexpended Appropriations City Operations 1,422,g50 476,193 2,578,893 School Operations 1,062,388 School Fund Revenues Over Estimate Unexpended Appropriations $ - $ 368,096 - 586,159 Ftjnd Balgn¢e Transfer~ Reserve for Un-Insured Claims Reserve for Workers' Comp Claims Other One-time Adjustments $ ( 250,000} $ - - 22,563 25,753 ( 162,132) Capital Maintenance and Equipment Replacement Funding Available $ 4r253r789 $ 1.877.074 The amounts shown above for FY 1997 are Unaudited and are subject to change during the course of our annual external audit. They are being reported to you for informational and planning purposes. All expenditures of the year end designated fund balances of the School Fund and General Fund are subject to approval by City Council through the adoption of an appropriation ordinance. We look forward to Honorable Mayor and Members City Council August 4, 1997 Page 3 prioritizing and recommending to Council the most critical maintenance and equipment replacement needs during fiscal year 1998. I would like to thank City Council, the administration and especially the Finance Staff for their support throughout fiscal year 1997. I would be pleased to address questions that Council may have regarding the financial report. Sincerely, Director of Finance JDG:s C :WVP60~JDG\Yearend. Sum DEPARTMENT OF FINANCE CITY OF ROANOKE, VA. August 4, 1997 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance Unaudited Year End Financials - Fiscal Year 1997 June marks the end of another fiscal year for the City of Roanoke. Fiscal year 1996-97 was a positive year in a financial sense for the City. Most importantly, however, is the fact that Roanoke maintained its reputation for providing a high level of municipal services to its citizens within a balanced, conservative budget. The City continues to maintain and improve its capital facilities and infrastructure with on-going projects such as the Sewage Treatment Plant expansion, school modernization projects, highway improvements, and economic development activities. The City exhibits a conservative debt posture which is reflected in our continuing AA bond rating. The City's revenue base again reflected a moderately strong local economy in 1996-97. The City noted its greatest revenue increase in property and local tax revenues. Both real estate and personal property tax revenues provided growth. Sales Tax revenue, a direct barometer of consumer spending, exceeded our revenue projections and grew a modest 4.5% since the preceding year. Our local economic trends were considered in formulating our budget for the 1997-98 fiscal year. Honorable Mayor and Members City Council August 4, 1997 Municipalities such as ours will constantly face new challenges in the years to come as we provide for unfunded mandates, additional service needs of citizens, waste disposal issues, and other priorities as we seek creative ways to operate in an efficient and effective manner. We will continue to strive for a conservative and sound financial position for the City as we plan for the City's future. The unaudited financial statements are provided to you for planning purposes. The amounts reported herein may change slightly during the course of our external audit. A discussion of the City's General Fund operations for fiscal year 1997 follows. Our revenue estimate from all sources was $155,523,885, while actual collections totaled $158,485,416. Total General Fund revenues collected exceeded the estimate by 1.90%. Listed below is a recent history of our General Fund revenue estimates compared to actual revenues. GENERAL FUND Fiscal Revenue Actual Percent of Year Estimate Collections Estimate Collect;ed 1997 $155,523,885 $158,485,416 101.90% 1996 147,602,175 150,539,146 101.99% 1995 137,189,315 141,255,592 102.96% Some of the most anxiously awaited information at year end is the amount of designated funding for the Capital Maintenance and Equipment Replacement Program (CMERP). Council adopted Ordinance number 26292 on December 6, 1982 establishing a reserve of General Fund balance for CMERP. Computed per the requirements of 2 Honorable Mayor and Members City Council August 4, 1997 Ordinance 26292, CMERP for fiscal year 1997 for Schools is $1,036,801 and for the City is $4,253,789 or 2.62% of General Fund appropriations. The following allocation has been calculated based on the Revenue Allocation Model used for the adopted budget (See page 13 for details). General Fund Designated FY 1997 CMERP City Operations .~~ School Operations .~ As mentioned earlier, the School Board operations are accounted for in a separate fund. The amount of CMERP designated in the School Fund totals $840,273. Therefore, the total CMERP available to the Schools in both the General Fund and School Fund is $1,877,074 ($1,036,801 and $840,273) or 2.15% of School Fund Appropriations. General Fund Statement of Revenues A summary of unaudited revenues by category and the variances between actual collections and the budgetary estimates may be found on page 18. The following narrative discusses significant revenue trends for the year. General Property Taxes This category includes taxes on Real Estate, Personal Property and Public Service Corporations as well as Penalties and Interest. Estimated revenues for this category were 3 Honorable Mayor and Members City Council August 4, 1997 $62,694,552 while actual collections were $64,087,189, exceeding this budget by $1,392,637 or 2.22%. Real Estate taxes increased by $2,153,000 since FY96 providing growth of 5.7%, and they were just over the budgeted amount. Personal Property taxes exceeded budget by almost $980,000 or 5.19%, and were in excess of the FY96 total by $910,000. Public Service Corporation taxes declined by $273,000, achieving approximately 95% of the budgeted amount. Penalties and Interest increased $92,000 from FY96, well in excess of the budgeted level. Other Local Taxes This category includes Sales Tax, Utility Tax, Business, Professional, and Occupational License Tax, Transient Room Tax, Franchise Taxes, Prepared Food and Beverage Taxes and other miscellaneous local taxes. This category of taxes serves as one of the best indicators of the strength of the local economy. The total estimate for this category was $48,474,356, but actual collections were $49,567,057. Collections exceeded the budget by 2.25%, and they grew by nearly 3.0% since FY96. Sales Tax showed growth of 4.5% over FY96 and just exceeded budget at $15,840,892. Business, Professional and Occupational License taxes grew since FY96 by $369,000, producing growth of 4.0%. Transient Room taxes exceeded their budget by 7.59%, while admissions tax was up 16.45%. The Emergency 911 telephone tax provided an additional $145,000 of revenue due to increased rates. Prepared Food and Beverage 4 Honorable Mayor and Members City Council August 4, 1997 taxes grew $287,000 since FY96 and were up 4.06% from the budgeted amount. Franchise and recordation taxes also grew, while electric service utility tax and bank stock taxes have declined. Permits. Fees and License~ This revenue category includes dog licenses, building related fees, various inspection fees and street opening permits. Revenues for this category totaled $680,100, exceeding the budget of $562,200 by over 20%. The increase is due to higher revenues from electrical, plumbing, building, and heating inspection fees and increased street opening permits. Fines and Forfeitures This category consists of parking tickets and fines collected by various courts. Revenues in this category of $990,907 exceeded the budgeted level by 13.18% or $115,407. The revenue growth is due to increased revenue from all categories of court fines and collection fees. Some traffic fines have increased, and a more aggressive collection approach has been employed to maximize these revenues. Revenue from Use of Money and Prooertv This revenue category consists of interest earnings and various property rentals. Revenue in this category was $1,037,250, a decline of 9.72% since the prior year. The Honorable Mayor and Members City Council August 4, 1997 decrease is due to a decline in interest earnings, offset by increased property rental. The decreased interest income has resulted from a reduction in the General Fund's cash balances which occurred when the new Risk Management Internal Service Fund was established July 1. The Risk Management function was previously part of the General Fund. Grants-In-Aid Commonwealth This category is comprised of non-categorical aid (State recordation tax, ABC, wine, rolling stock and rental car tax), shared expenses for Constitutional Offices, Social Services funding (foster care, day care, welfare payments, employment services, and the Comprehensive Services Act Programs), and other categorical aid (street maintenance, City Jail Block Grant, Juvenile Facilities Block Grant, Law Enforcement and Library Grant). Revenues in this category totaled $36,583,143, exceeding the budgeted level by 1.85% and the FY96 total by $3,317,006. The increase in the current year is largely due to revenue gains in Social Services which increased in all areas, providing growth of $1,625,000 since FY96. Revenues from the Comprehensive Services Act, foster care, day care and general administration of Social Services programs increased. Shared expenses for the Sheriff's department grew by nearly $700,000 due to higher state reimbursement following the recent City Jail expansion. Revenues from the City Jail Block Grant likewise grew $571,000. The Virginia Juvenile Crime Control Act (VJCCCA) also spurred growth in revenue from the Commonwealth as it grew nearly $550,000 since FY96. 6 Honorable Mayor and Members City Council August 4, 1997 Grants-in-Aid Federal Government This category consists of funding from the Federal Emergency Management Association (FEMA). Revenue in this category was $43,490 compared to $167,871 for FY96. There have been higher civil defense payments this year, but a $14,000 flood damage reimbursement was received last year. Charqes for Current Service~ This category includes court fees, refuse collection, weed cutting, emergency medical service, police fees, fire safety fees, and central service charges. Collections totaled $3,253,684, resulting in growth of 5.59% over that of FY96. The increased revenue in this category is due to increased Central Services charges and EMS revenues. Central Services charges are charges to the Enterprise Funds (Water, Sewage, Nursing Home and Pension Plan) for administrative services provided by the General Fund. Miscellaneous Revenue Revenues included in this category are payments in lieu of taxes from Roanoke Redevelopment and Housing Authority, sales of surplus property, and other nonrecurring revenues. Revenue in this category was $487,418, up $173,427 since FY96. The growth in. miscellaneous revenue is mainly due to the receipt of nearly $194,000 in connection with Trigon's settlement regarding discounts not properly deducted from employer claim costs. Sales of surplus property have also increased, and there have been increases in other miscellaneous revenues. 7 Honorable Mayor and Members City Council August 4, 1997 Internal Services This category represents payments from Enterprise, Internal Service, and Agency Funds for services provided by the General Fund departments. Services provided include fire safety for the Airport, billings and collections services for the Water and Sewage Treatment Funds, engineering services and various other public works services. The category totaled $1,755,178 or 96.23% of budget. This shortfall was caused by lower than expected billings by Engineering and Street Maintenance. The category grew 4.49% since FY96. Total expenditures and encumbrances for FY 1997 were $159,719,270 which were $2,578,893 or 1.59% less than City Council had authorized (See page 18). The authorized expenditure budget includes appropriations of CMERP funds during the year. General Fund expenditures and encumbrances are up 4.99% overall compared to last fiscal year. The majority of this increase is due to personnel costs, but there are some other variances worthy of comment. Public Works expenditures increased 4.73% due to increased street maintenance and solid waste management costs. Health and Welfare expenditures are up 9.74% due to the increased costs incurred in social services programs, including the Comprehensive Services Act (CSA) program. 8 Honorable Mayor and Members City Council August 4, 1997 Parks, Recreation and Cultural expenditures reflect a 4.55% decrease due to cultural contributions which are now accounted for under the Health and Welfare category in FY 97. Community Development expenditures are up 7.04% due to increased costs in the areas of planning and economic development. Transfer to Debt Service Fund is up 11.63% to reflect debt payments on the 1996 bond issue. Transfer to the School Fund is up 4.46%, reflecting increased funding for the School Board. Nondepartmental expenditures are up 9.72%, primarily reflecting increased transfers of CMERP funding appropriated for capital needs in other funds. School Fund School Board operations are accounted for as a separate fund. The revenues included in this discussion do not include the multi-year Grant Funds, but only those that comprise the annual (adopted) budget. School Fund revenues totaled $84,956,609, exceeding the estimate of $84,588,513 by $368,096 or .39%. A recent history of School Fund revenue estimates compared to actual revenues follows. 9 Honorable Mayor and Members City Council August 4, 1997 SCHOOL FUND Fiscal Revenue Actual Percent of Year Estimate Collections Estimate Collected 1997 $84,588,513 $84,956,609 100.39% 1996 79,217,171 79,699,461 100.61% 1995 75,243,077 75,839,281 100.79 % The amounts shown for FY97 are unaudited and may change slightly in the course of our external audit. They are being reported to you for informational and planning purposes. The School Board will receive a portion of the General Fund CMERP, per the requirements established in Ordinance No. 26292, and also retain the CMERP generated in the School Fund. This is comparable to the method of allocating CMERP between the City and School Administration in prior years. Designated CMERP for FY97 School Share of General Fund CMERP School Fund CMERP Total School CMERP $ 1,036,801 840.273 $ 1:877.074 School Fund Statement of Revenues Shown on page 19 is a summary of the major categories of revenues and the specific variances between actual (unaudited) and estimated. Following are some brief comments on the variances in major revenue categories. 10 Honorable Mayor and Members City Council August 4, 1997 Grants-In-Aid Commonwealth This category includes State Sales Tax, Basic State Aid, Special Education, Summer Schools, Vocational Education, At-Risk Children, Fringe Benefit Reimbursement, Disparity Incentive and several smaller revenue sources. Revenues in this category totaled $39,180,284, coming in over the estimate by $67,009 or .17%. State Sales Tax collected totaled $7,748,707, which fell short of the estimate by $342,188 or 4.23%. Basic State Aid revenue exceeded the revenue estimate by $148,057, and Foster Home Children revenue exceeded the estimate by $113,645. The other major revenues in this category were generally close to the estimates. Grants-In-Aid Federal Government The largest revenue source in this category is School Food Aid. Total revenue collected in this category was $2,517,942, which was under the estimate by 1.22%. Charqes for Service~ Major sources of revenue in this category are tuition, cafeteria receipts, and reimbursement for transportation for special trips. Revenues for the category totaled $3,418,243, and were 10.76% over the estimate. Exoenditures Expenditures and encumbrances in the School Fund (excluding special purpose grants) totaled $86,800,776, leaving an unobligated balance of $586,160. It is important 11 Honorable Mayor and Members City Council August 4, 1997 to note that the authorized expenditure budget includes appropriations from CMERP during the fiscal year. CMERP appropriations and budgeted revenue provide sufficient funding in total for expenditures and encumbrances during the year. A detailed analysis of the Enterprise Funds will be included with the annual financial report. We would like to reiterate that the General and School Fund figures discussed above are unaudited and subject to change during the audit. We would also like to thank City Council, the administration, and especially the dedicated staff of the Department of Finance for their support throughout fiscal year 1997. We would be pleased to answer any questions that Council may have. JDG:s Attachments Director of Finance CC: W. Robert Herbert, City Manager James D. Ritchie, Assistant City Manager Wilburn C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk George C. Snead, Director, Administration and Public Safety Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Glenn D. Ratcliffe, Director, Human Resources E. Wayne Harris, Superintendent, Roanoke City Schools Richard Kelley, Assistant Superintendent for Operations Barry L. Key, Manager, Management and Budget Diane Akers, Administrator, Management and Budget 12 CITY OF ROANOKE ALLOCATION OF CMERP - GENERAL FUND JUNE 30, 1997 City Or)erationa Portion of General Fund CMERP: City Revenues (Other than Local Taxes) over Estimate City Unexpended Appropriations CMERP from Transfer of FOGH Encumbrances to Grant Fund Increase in Insurance Reserve Local Tax Revenues Over Estimate Add: Additional CSA Funding due from Schools (Budgeted $467,293; Actual $492,880) Total City Portion of CMERP $ 476,193 2,578,893 166 ( 250,000) 1,422,950 4,253,789 School Ooerafions Portion of General Ftjnd C:MERP: Local Tax Revenue over Estimate (See attachment page 16) Less: Additional CSA Funding due to City (Budgeted $467,293; Actual $492,880) Total General Fund CMERP for FY96-97 1,062,388 25.587) .036.801 ~290~590 13 CITY OF ROANOKE CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT RESERVE Per Ordinance No. 26292 Total General Fund Budget FY96-97 $162,298,163 x10% 16,229,816 Deduct General Fund Debt Service Requirement (9.310.800) Maximum Designated Capital Maintenance and Equipment Replacement Reserve 6,919,016 Amount Designated as CMERP FY97 City Operations - General Fund School Operations - General Fund $ 4,253,789 1.036.8Q1 $ 5.290,590 14 CITY OF ROANOKE GENERAL FUND REVENUES YEAR ENDED JUNE 30, 1997 (Unaudited) Analysis of School's Allocation of Local Tax Collection for FY96-97 Local Taxes General Property Taxes Other Local Taxes Total Local Taxes Less: Local Taxes Dedicated for Soecific Puro~;~ Current Downtown District Real Estate Tax Delinquent Downtown District Real Estate Tax Current Williamson Road District Real Estate Tax Delinquent Williamson Road District Real Estate Tax Downtown District Public Service Tax Utility Consumer Tax (Roanoke River Flood Reduction Project) Telephone Surcharge Tax (E911 ) 20% of Cable TV Franchise Tax - Local Government Access Channel Cigarette Tax for Bond Issue - Jail/Juvenile Detention Home Cigarette Tax for COPE Team and Convention and Visitor's Bureau Motor Vehicle License Tax for Bond Issue - Jail/Juvenile Home Transient Room Tax Increase (Convention and Visitors Bureau) Actual Local Taxes Collected FY96-97 School Percentage Share of Local Taxes (See Note) School Dollar Share of Actual Local Taxes Collected Leas: Original Budgetary Allocation of Local Taxes to Schools Additional Allocation of Collected Local Taxes to Schools Actual Collections FY96-~)7 $ 64,087,189 49,567.056 113.654,245 191,575) 5,692) 52,041) 869) 24,853) 8O8,OOO) 696,851) 144,564) 305,000) 501,429) 325,000) 200,000) 110,398,371 x36.42% 40,207,087 ( 39.144.699) $ 1,062.388 Note: Percentage share based on Revenue Allocation Model developed by Office of Management and Budget for FY 96-97 budget. 15 CITY OF ROANOKE SUMMARY OF TOTAL CMERP FUNDING FOR SCHOOLS JUNE 30, 1997 II. General Fund CMERP Allocated to School Operations School Fund CMERP Allocated to School Operations School Fund Revenues Over Estimates Less: Trigon Stock Proceeds Dedicated to Future Health Insurance Premiums School Fund Unexpended Appropriations Decrease in Workers' Compensation Reserve Total FY96-97 CMERP Funds Available to Schools 368,096 136,545) 586,159 22.563 1,036,801 840,273 $ 1~77f074 16 CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE JUNE 3O, 1997 Balance July 1,1996 Ordinance Number De_~artment 33067 Director of Ufilitas and Operations 33075 Recreation 33105 Dues, Memberships and Affiliations CMT045 City Attorney 33175 CMT087 33200 Social Services - Services Planning & Community Development Commonwealth's Attorney 33213 Juvenile Detention Home 33233 City Council CMT117 City Attorney CMT187 Building Inspections 33321 Communications CMT208 Building Maintenance CMT219 City Manager CMT220 Municipal Auditing CMT221 City Clerk CMT222 City Council CMT228 City Attorney CMT235 Building Maintenance CMT270 Community Planning CMT267 Communications CMT327 Libraries CMT328 City Clerk CMT329 City Council CMT339 Traffic Engineering CMT365 Memberships and Affiliations CMT373 Electoral Board CMT386 Building Maintenance CMT391 Building Maintenance CMT398 Building Maintenance EB57 Various Balance June 30, 1997 Purpose City's Share of Governmental Electric Rate Negotiation Costs Roanoke City Boxing Association Equipment Purchases Greenways/Open Space Steering Committee Local Government Attorneys of Virginia Membership Family Preservation Program Ward System Task Force Additonal Funds for Personal Services Additional Staffing Retention of Legislation Liaison City's Portion of Franchise Fee Audit Costs New Code Books, Training Session Joint Roanoke City/Roanoke County Radio Consultant Sister Cities Bronze Plaque All America City Travel Increased Cost of External Audit Overtime/Temporary Wages and Administrative Expenses Unanticipated Administrative, Travel and Gratuity Expenses Fees for Professional Services Electrical Wiring for Elmwood Park Ward System Task Force Maintenance of Radio Shop Purchase of Computers Operating Costs for Remainder of Year Operating Costs for Remainder of Year Replacement of Overhead Sign at Orange Avenue and Williamson Road Roanoke Valley Arts Council Republican and Democratic Primary Election Expenses Market Square Walkway Elevator Repair Remodel Magistrate's Office Roof Repairs at Main Library Operating Costs for Remainder of Year $367,576 (23,086) (15,000) (28,800) (1,800) (7,563) (3,oo0) (6,882) (55,119) (15,ooo) (3,666) (3,062) (55,ooo) (365) (15,215) (1,65o) (14,000) (13,500) (13,000) (4,ooo) (1 ,ooo) (5,ooo) (4,078) (3,150) (1,ooo) (6,580) (1,200) (1,000) (2,439) (8,775) (9,600) (44,046) 17 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July 1- June 30 July 1- June 30 Percentage Revenue Estimate Revenue Source 1995-96 1996-97 of Change Estimates Received General Property Taxes $61,192,266 $64,087,189 4.73 % $62,694,552 102.22% Other Local Taxes 48,135,318 49,567,057 2.97 % 48,474,356 102.25% Permits, Fees and Licenses 649,546 680,100 4.70 % 562,200 120.97% Fines and Forfeitures 903,916 990,907 9.62 % 875,500 113.18% Revenue from Use of Money and Property 1,148,960 1,037,250 (9.72) % 1,138,326 91.12% Grants-in-Aid Commonwealth 33,266,137 36,583,143 9.97 % 35,920,352 101.85% Grants-in-,Nd Federal Government 167,871 43,4,90 (74.09) % 25,000 173.96% Charges for Services 3,081,344 3,253,684 5.59 % 3,449,148 94.33% Miscellaneous Revenue 313,991 487,418 55.23 % 560,451 86.97% internal Services 1,679,797 1,756,178 4.49 % 1,824,000 96.23% Total $150,539,146 $158,485,416 5.28 % $155,523,885 101.90% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total Year to Date for the Period Current Fiscal Year July 1- June 30 July 1- June 30 Percentage Unencumbered Revised 1995-96 1996-97 of Change Balance Appropriations $10,213,312 4,013,524 36,660,452 24,342,107 21,418,694 5,079,184 1,334,720 9,310,800 39,840,140 7,506,337 $159,719,270 (0.90)% 3.99 % 3.82 % 4.73 % 9.74 % (4.55') o,~ 7.04 % 11.63 % 4.48 % 9.72 % 4.99 % $10,305,777 3,859,634 35,313,077 23,242,779 19,518,420 5,321,174 1,248,896 8,340,800 38,140,039 6,841,050 $152,129,646 $133,901 99,494 759,174 443,182 991,489 27,531 45,786 78,336 $2,578,893 $10,347,213 4,113,018 37,419,626 24,785,289 22,410,183 5,106,715 1,380,506 9,310,800 39,840,140 7,584,673 $162,298,163 Percent of Budget Obligated 98.71% 97.56% 97.97% 98.21% 95.58% 99.45% 95.68% 100.00% 103.00% 98.97% 98.41% 18 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July 1-Jun 30 July 1-Jun 30 Percentage 1995-96 1996-97 of Change $7,727,402 $7,748,707 0.28 % 28,506,276 31,431,577 10.26 % 2,330,840 2,517,942 8.03 % 2,994,904 3,418,243 14.14 % 38,140,039 39,840,140 4.46 % 10,130,262 10,926,348 7.86 % $89,829,723 $95,882,957 6.74 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $8,090,895 95.77% 31,022,380 101.32% 2,548,996 98.78% 3,086,102 110.76% 39,840,140 100.00% 10,926,348 N/A $95,514,861 100.39% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Percent of July 1-Jun 30 July 1-Jun 30 Percentage Unencumbered Revised Budget Expenditures 1995-96 1996-97 of Change Balance Appropriations Obligated $147,834 238,381 47,464 131,288 18,837 546 1,810 Instruction $57,841,187 $61,972,199 7.14 % General Support 2,988,150 2,863,945 (4.16) % Transportation 2,955,959 2,806,427 (5.06) % Operation and Maintenance of Plant 8,958,052 9,197,080 2.67 % Food Services 3,459,758 3,796,859 9.74 % Facilities 3,221,278 2,837,342 (11.92) % Other Uses of Funds 2,510,275 3,326,924 32.53 % Special Purpose Grants 10,130,262 10,926,348 7.86 % Total $92,064,921 $62,120,033 3,102,326 2,853,891 9,328,368 3,815,696 2,837,888 3,328,734 10,926,348 $97,727,124 6.15 % $586,160 $98,313,284 99.76% 92.32% 98.34% 98.59% 99.51% 99.98% 99.95% N/A 99.40% 19 CITY OF' ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JUNE 30, 1997 Expenditures Unexpended Outstanding Unencumbered Budget To Date Balance Encumbrances Balance General Govemment $13,774,449 $6,756,428 $7,018,021 $466,638 $6,551,383 Public Safety 9,669,077 9,512,025 157,052 157,052 Education 24,948,464 18,426,601 6,521,863 5,882,862 639,001 Community Development 1,041,000 82,269 958,731 958,731 Recreation 940,407 352,899 587,508 164,367 423,141 Streets and Bridges 14,606,255 11,481,758 3,124,497 933,229 2,191,268 Sanita~on Projects 362,396 274,061 88,335 27,273 61,062 Traffic Engineering & Communications 1,875,300 1,428,773 446,527 32,686 413,841 Other Infrastructure Projects 7,643,362 3,422,260 4,221,102 131,150 4,089,952 Capital Improvement Reserve 18,873,512 18,873,512 18,873,512 Total $93,734,222 $51,737,074 $41,997,148 $8,596,936 $33,400,212 20 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1997 Operating Revenue Commercial Sales Domestic Sales Industrial Sales Town of Vinton County of Roanoke City of Salem Customer Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Transfer from Utility Line Services Fund Interest on Investments Rent Miscellaneous Revenue Interest Expense Miscellaneous Expense Total Nonoperating Revenue (Expenses) Net Income 1997 1996 $3,141,605 $3,178,237 2,777,950 2,869,761 235,981 249,920 23,658 37,084 1,809,958 1,824,913 15,736 1,606 399,145 352,246 8,404,033 8,513,767 1,407,877 1,394,387 3,509,242 3,449,281 853,732 949,172 5,770,851 5,792,840 2,633,182 2,720,927 275,000 295,057 171,830 7,856 9,041 86,470 38,450 ( 1,547,093) (1) (626,420) (8,530) ( 1,371 ) (1,166,240) ( 133,470) $1,466,942 $2~587,457 Note (1) This amount represents interest paid on the 1992 Water Bonds. Interest was previously capitalized as part of the construction costs related to the Carvins Cove improvements, which were substantially complete in February 1996. 21 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1997 Operating Revenue Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Interest on Investments Miscellaneous Revenue Miscellaneous Expense Total Nonoperating Revenue (Expenses) Net Income 1997 $7,165,027 876,345 228,317 821,081 107,956 154,967 95,981 9,449,674 1,684,064 4,712,683 1,019,639 7,416,386 2,033,288 445,213 24,610 (3,692) 466,131 $2,499,419 1996 $6,804,056 811,048 208,103 851,793 137,341 139,275 84,112 9,035,728 1,669,334 4,313,778 946,785 6,929,897 2,105,831 251,684 20,671 (198) 272,157 $2,377,988 22 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1997 Operating Revenue Rentals Parking Fee Event Expenses Adverlising Admissions Tax Commissions Novelty Fees Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenue Transfer from General Fund Transfer from Materials Control Fund Interest on Investments Miscellaneous Total Nonoperating Revenue Net Loss 1997 $625,762 233,404 199,541 2,535 250,249 269,970 83,836 1,665,297 1,150,115 1,304,870 670,971 3,125,956 (1,460,659) 1,027,798 38,750 13,615 1,080,163 ($380,496) 1996 $618,348 152,956 157,817 2,255 216,580 259,926 47,217 1,455,099 1,098,491 1,127,951 405,029 2,631,471 (1,176,372) 829,636 114,896 36,012 14,113 994,657 ($181,71S) 23 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1997 Operating Revenue Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenue Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Transfer from General Fund Transfer from Materials Control Fund Operating Subsidy for GRTC Interest on Investments Interest Expense Miscellaneous Total Nonoperating Revenue (Expenses) Net Loss 1997 $282,808 425,482 153,935 399,777 207,944 90,951 1,560,897 750,556 523,504 1,274,060 286,837 1,001,133 (773,628) (636,451) 7,764 (401,182) ($114,34s) 1996 $283,772 301,080 164,612 401,092 206,505 121,483 1,478,544 635,742 522,847 1,158,589 319,955 897,172 43,165 (671,432) 11,118 (658,253) 4,355 (373,875) ($S3,920) 24 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1997 Operating Revenue Private Patient Fees Medicaid Patient Fees Medicaid Reimbursements Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenue Transfer from General Fund Gain on Sale of Nursing Home Interest on Investments Miscellaneous Revenue Total Nonoperating Revenue Net Income 1997 $3,296 310,636 962,167 1,276,099 1,445,201 508,375 14,581 1,968,157 (692,058) 545,022 414,240 39,408 9,760 1,008,430 $316,372 1996 $47,780 293,727 976,729 1,318,236 1,302,347 515,585 16,998 1,834,930 (516,694) 504,210 20,230 524,440 $7,746 25 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1997 Operating Revenue Commission Conference Center Total Operating Revenue Operating Expenses Commission Conference Center Depreciation Expense Total Operating Expenses Operating Income (Loss) Nonoperating Revenue (Expenses) City Subsidy Virginia Tech Subsidy Proceeds from Brick Sales Interest on Investments Conference Center Total Nonoperating Revenue (Expenses) Net Income (Loss) Notes to Financial Statement: (1) {2) 1997 1996 CONFERENCE COMMISSION (1) CENTER (2) TOTAL $ $ $ $ - 2,336,979 2,336,979 1,637,525 2,336,979 2,336,979 1,637,525 77,276 77,276 100,503 2,019,681 2,019,681 1,645,441 464,988 46,739 511,727 476,061 542,264 2,066,420 2,608,684 2,222,005 (542,264) 270,559 (271,705) (584,480) 175,000 175,000 175,000 175,000 175,000 175,000 225 225 2,138 11,842 11,842 7,865 (82,247) (82,247) (78,110) 362,067 (82,247) 279,820 281,893 ($180,197) $188,312 $8,115 ($302,587) The column entitled "Commission" represents Commission activity in the City's financial records. The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. 26 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1997 Operating Revenue Charges for Services Total Operating Revenue Operating Expenses TOTALS Oity Information Materials Msnsgement Utility Line Fleet Risk (1) Systems Oontrol Servioes Servioes Management Management 1997 1996 $2,339,834 $192,600 $181,463 $3,210,791 $2,958,495 $12,573,701 $21,456,884 $8,703,172 2,339,834 192,600 t8t,463 3,2t0,791 2,968,468 12,673,701 21,466,884 8,703,172 Personal Services 1,448,486 101,312 52,217 2,235,079 1,170,800 180,520 5,188,414 4,900,440 Operating Expenses 498,317 30,682 67,235 510,183 783,496 12,951,346 14,841,259 2,026,143 Depreciation 487,490 1,484 25,498 81,307 643,518 1,239,297 2,184,630 Total Operating Expenses 2,434,293 t33,478 t44,980 2,82G,SG9 2,697,814 13,t3t,8GG 2t,288,970 9,111,213 Operating Income (Loss) (94,469) 69,t22 36,8t3 384,222 360,68t (668,t66) t87,9t4 (408,041) Nonoperating Revenue (Expenses) 108,718 - 11,181 70,245 65,368 510,882 766,394 - - 301,054 301,054 341,345 - 1,377,124 1,718,469 50,000 50,000 163,252 Interest Revenue Trigon Common Stock Transfer from General Fund Transfer from Materials Control Fund Transfer from Management Services Fund Transfer from School Board Transfer to Water Fund Transfer to Civic Center Fund Transfer to City Information Systems Fund Transfer to Transportation Fund Miscellaneous Expense Nat Nonoperating Revenue (Expenses) Nat Income 1,603,459 212,600 55,000 20,000 (275,000) (114,896) (267,600) (43,165) (8,205) (6,289) (14,494) 460,063 2,976 70,246 t ,486,203 81 t ,936 2,82t ,423 t ,383,660 $366,604 $69,122 $39,489 $464,467 $1,846,884 $263,771 $3,009,337 $946,609 Note (1) The Risk Management Fund was established on July t, 1996. 27 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JUNE 30, 1997 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED JUNE 30, 1997. [GENERAL $20,347,096.53 $12,275,299.37 $25,906,719.50 $8,657,646.30 [WATER 6,537,250.57 768,143.20 92,114.66 6,910,606.46 JSEWAGE 23,135,719 91 1,641,235.56 2,541,446.84 21,691,050.47 CIVIC CENTER TRANSPORTATION CAPITAL PROJECTS NURSING HOME CONFERENCE CENTER DEBT SERVICE CITY INFORMATION SYSTEMS MATERIALS CONTROL MANAGEMENT SERVICES UTILITY LINE SERVICES FLEET MANAGEMENT PAYROLL RISK MANAGEMENT PENSION SCHOOL BOARD FDETC GRANT 699,778.92 202,626.28 204,029.12 428,349.21 (54,899.95) 90,649.77 272,035.89 12,904.84 28,764,179.75 7,147,266.06 1,124,221.83 37,133,390.69 812,749.54 104,172.75 288,118.80 318,957.98 333,425.84 0.00 8,852.21 78,060.84 9,066,189.54 41,716.56 252.45 8,771,734.81 2,360,897.03 139,190.43 242,608.07 1,977,005.86 (128,856.73) 193,525.27 70,628.07 (97,957.721 217,919.30 20,938.78 5,542.13 207,464.53 1,548,691.71 101,581.01 203,228.54 1,190,018.39 1,721,617.43 150,777.66 176,061.57 ! 1,390,522.03 (9,236,271.74) 23,892,081.95 12,396,605.461 6,792,276.20 9,593,887.88 858,995.32 699,373 96 ~ 0.00 342,589.41 1,549,327.12 1,413,714.38! 292,028.32 9,256,403.33 5,914,809.37 7,531,363.351 7,315,714.99 111,890.69 150,885.53 122,245.98 i 12,564.92 450,898.88 526,306.49 499,922.33 302,705.48 TOTAL $105,881,157.84 $55 528.48 $53 $103,385,044.60 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED JUNE 30, 1997. THAT SAID FOREGOING: CASH: CASH ON HAND CASH IN TRANSIT INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OVERNIGHT INVESTMENT REPURCHASE AGREEMENTS U. S. TREASURY NOTES VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL DATE: JULY 15, 1997 DAVID C. ANDERSON, TREASURER 28 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 12 MONTHS ENDING JUNE 30, 1997 Revenue Contdbutions Investment Income Gain on Sale of Investments Bond Discount Amortization TotalRevenue 1997 $6,526,826 7,848,341 32,552,132 195,234 $47,122,533 1996 $7,050,108 7,891,315 8,311,665 286,910 $23,539,998 Expenses Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense Total Expenses Net Income $8,228,669 890,892 458,342 239,034 9,816,937 $37,305,596 $7,910,042 909,588 293,322 150,388 9,263,340 $14,276,658 29 CITY OF ROANOKE PENSION PLAN BALANCE SHEET JUNE 30, 1997 Assets Cash Investments: (market value: 1997 $255,137,782 1996 $212,465,944) Due from Other Funds Due from Other Governments Accured Investment Income Other Assets Total Assets 1997 $478,009 208,790,254 215,596 7,026 1,202,117 18,000 $210,711,002 1996 $290,216 171,335,593 215,484 7,891 1,559,745 18,000 $173,426,929 Liabilities and Fund Balance Liabilities: Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Income - Year to Date Total Fund Balance Total Liabilities and Fund Balance $192,445 192,445 173,212,961 37,305,596 210,518,557 $210,711,002 $222,068 222,068 158,928,203 14,276,658 173,204,861 $173,426,929 30 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File #207-514 Charles O. Haymes, President Haymes Brothers, Inc. P. O. Box 314 Chatham, Virginia 24531 Dear Mr. Haymes: I am enclosing copy of Ordinance No. 33536-080497 accepting the bid of Haymes Brothers, Inc., in the amount of $502,357.75, for construction of an Industrial Access Roadway, Project No. 6354, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA.g?~UG.4 Charles O. Heymes, President Haymes Brothers, Inc. August 7, 1997 Page 2 pc: The Honorable Marsha C. Fielder, Commissioner of the Revenue W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Phillip C. Schrimer, Project Manager Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget Charles A. Harlow, Grants Compliance Monitor H:~AGENDA,97~AUG.4 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File #207-514 Allegheny Construction Co., Inc. Branch Highways, Inc. Thomas Bros., Inc. Ladies and Gentlemen: I am enclosing copy of Ordinance No. 33536-080497 accepting the bid of Haymes Brothers, Inc., in the amount of $502,357.75, for construction of an Industrial Access Roadway, Project No. 6354, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~.GENDA.g'/~UG.4 IN THECOUNCILOF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33536-080497. AN ORDINANCE accepting the bid of Haymes Brothers, Inc., for the construction of an Industrial Access Roadway, Project No. 6354, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Haymes Brothers, Inc., made to the City in the total amount of $502,357.75 for the construction of an Industrial Access Roadway, Project No. 6354, as is more particularly set forth in the report to this Council dated August 4, 1997, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's 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 aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 7, 1997 File ~60-207-514 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33535-080497 amending and reordaining certain sections of the 1997-98 Capital Projects Fund Appropriations, providing for appropriation of $221,801.00 from Undesignated Capital Funds to RES Industrial Access Project account, in connection with construction of an Industrial Access Roadway to serve Roanoke Electric Steel Corp. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~AGENDA.9~AUG.4 James D. Grisse- Director of Finance August 7, 1997 Page 2 pc: The Honorable Marsha C. Fielder, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Phillip C. Schrimer, Project Manager Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDA. g'/~AUG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of August, 1997. No. 33535-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. VVHEREAS, 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government RES Industrial Access Project (1) ............................. Fund Balance Reserved Fund Balance - Unappropriated (2) .................... 1) Appropriated from General Revenue 2) Reserved Fund Balance - Unappropriated (008-002-9659-9003) $ 221,801 (008-3325) (221,801) $13,996,250 710,607 $ 1,739,839 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. August 4, 1997 Council Report No. 97-164 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT INDUSTRIAL ACCESS ROADWAY BID NO. 97-6-4 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. R~jlly submitte~ Jo/~ H~Par~o'~t, Ch~irman- Carroll F.-Swaig/t William F. Clark JHP/PCS/kh Attachment: Bid Committee Report C: City Attorney City Clerk Director of Finance Director of Public Works Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue August 4, 1997 Council Report No. 97-164 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT INDUSTRIAL ACCESS ROADWAY BID NO. 97-6-4 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager WRH/PCS/kh Attachment: Bid Committee Report C; City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue August 4, 1997 Council Report No. 97-164 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT INDUSTRIAL ACCESS ROADWAY BID NO. 97-6-4 ~.~ on the subject in chronological order is as follows: City Council authorized execution of ~n aoreement between the City of Roanoke, Roanoke Electric Steel Corporation. and the Industrial Development Authority of the City of Roanoke. This agreement, dated October 1, 1996, provides for construction of a new public roadway serving Roanoke Electric Steel Corporation. II. Current situation is as follows: Foll~)wina proper advertisement, bids were publicly oDened and read aloud by D. Darwin Roupe, Manager, Office of Supply Management, on Thursday, July 3, 1997. The proiect will be constructed under a fixed time contract with a scheduled O0mDletion of 180 days after the issuance of the Notice to Proceed. F0vr (4) bids were received for the project with H~ymes Brothers. Inc., submitting the Iow bid in the amount of ~502.357.75. D. Th~ Iow bid was 15.3% below the engineer's estimate of $592.824. III. I~sues in order of importance are as follows: A. Pr0j~ct schedule B. Fundino IV. Alternatives in order of feasibility are as follows: AuthQrize th~ City Manaoer to execute a contract, in a form approved by the City Attorney, with Havmes Brothers. Inc., in the amount of ~502.357.75 to construct the Industrial Access Roadway, Project No. 6354. 1. Pr0iect schedule will be satisfied. Honorable Mayor and Members of City Council BID COMMITTEE REPORT INDUSTRIAL ACCESS ROADWAY BID NO. 97-6-4 August 4, 1997 Page 2 Funding is available in RES Industrial Access Project account 008-002-9659 to partially fund the contract. Remaining funding is available in Undesignated Capital Funds. Project Estimate is as follows: Engineering Land Acquisition Construction Construction Testing Construction Contingency Total Available Funds Balance $ 34,262.50 79,O0O.OO 502,357.75 2,500.00 50,000.00 9668,120.25 446,319.47 9221,800.78 DQ nQ1; authorize the City Manaaer to executive a contract with Havmes Brothers, Inc. 1. Proiect schedule will not be completed. 2. Fvndino would remain available. V. R~mmendation is as follows: City Council concur in alternative "A" and take the following specific actions: Authorize the City Manager to execute a contract, in a form approved by the City Attorney, with H~¥mes Brothers, Inc., in the amount of ~502,~57.75. A~oroDriate 9221,801 from Undesignated Capital Funds to RES Industrial Access Project account 008-002-9659. PCS/kh Attachment: Bid Tabulation City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue CITY OF ROANOKE~ VIRGINIA BID FORM DATE: JU[',~ 3, Iqq"l SUBMITTED BY: (Exact Firm Name) The undersigned hereby proposes and agrees, if this bid is accepted by the City of Roanoke, to enter into a Contract with the City of Roanoke, Virginia, (hereafter - City or Owner) to furnish all equipment, materials, labor, and services necessary to install approximately 870 L.F. of 36' wide curb and gutter street and associated grading, and storm drain, Project No. 6354, in accordance with the Contract Documents as prepared by the Office of the City Engineer, Roanoke, Virginia. The quantities of work to be done at the unit ~rices indicated are approximate only and are intended principally to serve as a guide in evaluating bids. Subject to the constraints of the General Conditions and other Contract Documents, the quantities of work to be done and material furnished at the unit prices bid may be increased or decreased as considered necessary by the City Engineer to fully complete the Work as planned. BASE BID PRICE SCHEDULE ESTIMATED I TOTAL ITEM DESCRIPTION QUANTITIES UNIT PRICE AMOUNT Mobilization LS Construction Surveying LS ,.~OC~ OO .~CO.OO Clearing & Grubbing 2 AC t~o. OO Allaying Dust 20 HR Earthwork LS ~','~~? Unsuitable Material Excavation 500 C.Y. ~.OO ~OO.OO 15" Conc. Pipe 15 L.F. ~O.°° ,,.:~DO.OO 18" Conc. Pipe 60 L.F. ~;;;;),oo Iq, o. oo 24" Conc. Pipe 460 L.F. ~-O.OO 24" ES-1 2 EA. I000.O0 ~000.O0 DI-1 2 EA. 113=J.e° -T~'IO.°° DI-3A I EA. Iqeo.eo Iqoo.oo DI-3B, L=8' I EA. ~.OO ~,~.00 Project: Roanoke Electric Steel Connector Roadway I of 4 Bid Form/Civil Rev. 12/18/96 ESTIMATED TOTAL ITEM DESCRIPTION QUANTITIES UNIT PRICE AMOUNT DI-3B, L = 14' 1 EA ~O,~QO° ,.~O~:~.Oc> DI-3B, L = 16' 1 EA DI-3C, L = 10' 1 EA '4;;;}80.°° '~OP© Erosion Control Stone EC-1 10 TON ,..~o.O Dry Rip Rap Class I 26" 35 SY ~5.OO Grouted Rip Rap 18" 65 SY ,.~O.OO -.,~50-OO Curb CG-2 145 LF /.Z. ,~o / '7 x-/~.~o Radial Curb CG-2 170 LF Curb & Gutter CG-6 250 LF / ~ O O __2000.00 Radial Curb & Gutter CG-6 1225 LF Asphalt Concrete SM-2D 475 TON Asphalt Concrete BM-2 1180 TON Cement Treated Agg. Base Material Type I, 1890 TON No. 21A t",,~ GR-2 55 LF Radial GR-2 120 LF ~,"l.~O ~,~O0.c~ Terminal GR-6 25 LF Soil Stabilization Mat EC-3, Type A 800 SY Temporary Silt Fence 520 LF ,~.~-~ I I~/O. oo Siltation Control Excavation 88 CY ~.OO ~4.°O R/W Monuments 14 EA Regular Seed 650 LB ~.~ Overseeding 170 LB ~.O° Fertilizer (15-30-15) 3 TON Lime 15 TON Erosion Control Mulch 436 SY ~.O° Project: RQanoke Electric Steel Roadwav Bid Form/Civil Rev. 12/18/96 2of4 The undersigned hereby acknowledges the receipt of the following addenda to the Contract Documents: Addendum Number Addendum Number Addendum Number Dated Dated Dated The undersigned hereby agrees, if this bid is accepted by the City, to commence work with an adequate force and equipment on the date stipulated in the written "Notice to Proceed" from the Office of the City Engineer and to complete the work within one hundred eighty (180) consecutive calendar days from the date stipulated in the written "Notice to Proceed" and to pay as liquidated damages the sum of Five Hundred Dollars ($500.00) per day as step one liquidated damages and, if applicable the sum of One Hundred Dollars ($100.00) per day as step two liquidated damages to the City of Roanoke for each consecutive calendar day in excess of the time indicated to fully and satisfactorily complete the Work. The undersigned agrees that if this bid is accepted by the City, the failure or refusal of the undersigned to execute the Contract with the City and furnish to the City the required bonds and certificates of insurance within ten (10) consecutive calendar days from receipt of the Contract Documents will result in a payment of the Bid Security to the City as liquidated damages. The successful bidder may be awarded a Unit Price Contract. Licensed ~ "Class B", or "Class C" Virginia Contractor Number ~"~01 OlO5OOA Bidder is a ~ resident or nonresident of Virginia. (Check appropriate blank. See Va. Code Section 54.1-1100 et. see.) State the complete firm name, exactly as it is recorded with the State Commission. LEGALNAME ~'"~l~.yf'rl~$ Inc. BY~ TITLE Pres;den+ TYPED NAME DELIVERY ADDRESS MAILING ADDRESS Charles O. Haymes, Sr. · P.o. 15o 314 STATE VA CITY P_h +h rn TELEPH ONE ~0~ ~3~ - 8~8 ~, ZIP CODE FAX (804) 43~- -'"30~q Corporation ESCROW ACCOUNT REQUESTED (if applicable): YES ~' NO Project: Roanoke Electric Steel Roadway 3 of 4 Bid Form/Civil Rev. 1 2/18/96 DELIVERY OF BIDS: See Section 7.1 of the Instructions to Bidders. D. Darwin Roupe, Manager Office of Supply Management Room 353, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Place in lower left-hand corner of envelope the project title as indicated at the top of the Invitation to Bid. Place in the upper left-hand corner of the envelope the bidder's name, mailing address, .and Virginia Contractor number. ROANOKE ELECTRIC STEEL ROADWAY PROJECT NO. 6354 BID NO. 97-6-4 Project: Roanoke Electric Steel Roadway 4of4 Bid Form/Civil Rev. 12/18/96 CITY OF ROANQKE, VIRGINIA KNOW ALL MEN BY THESE PRESENTS, THAT WE, THE UNDERSIGNED, EA~ES BROTEERS, P. O. BOX 314, CHATHAM, VA 24531 , as Prlncfpal, and ST. PAUL MERCURY INSURANCE COMPANY. ST. PAUL, MI 5~102 , as Surety, are hereby held and firmly bound unto CITY 0F ROANOKE, VIRGIN,[&s Owner, in the penal sum of Five (SZ) Percent Amount of '~id ($ 5% Amt. Bid ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our hei~,gxecutcm, administrators, successors and a%~gn$. Signed, sealed, and delivered this ira day of July , 19 7, . The condition of the above obligation is such that whereas the PrfncJpal has submitted to the City of Roanoke, Virginfa a certain Bid, attached hereto and hereby made a part hereof, to enter a contract in writing for the Roanoke Electric Steel Connector Roadway, Route 117, Roanoke,Virginia; As per attached bid. INC. NOW, THEREFORE, if said bid shall be rejected, or ~f said Bid shall be acce~ted and the Principal shall execute and cteilver to said City a Contract in the Form of Contra~ contained in the proposed Contract Documents, properly completed in accordance with said bid, and shall furnish bond for his faithful performance of said Contract and for the 0ayrnent ol all persons performing labor or furnishing materfais in connection herewith within the s~ecified time I~eriod, and st~ll in ail other respects ~erform the agreement created by the acceptance of said bid. then this ol=ligal~on shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, 'for value received, hereby stipulates and agrees th~ the obligations of said Surety and its bond. shall be in no wav imoaired or affected by any extension of the time within which the Owner may accept such bid; and said Surety does hereby wr~ive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunder set :heir hands and seals, and such of them as are corporations have caused their corporate seaJs ~o be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. A~est: HAYMES BROTHERS, INC. (SEAL) Principal Witness to signature of Att~rney-ln-Fact~/~ ST. PAUL MERCURY INS. CO. (SEAL) (Attorneys-in-fact affix seat and attach current original or certified copy of powe~ of attorney.) Project: 81d Bond Rev. 7/1/96 lho~F~U] ST. PAUL MERCURY INSURANCE COMPANY CERTn~CATE OF Surety 385 Washington Street, St. Paul, Minnesota 55102 AUTHORITY NO. For verification of the authenticity of this Power of Attorney, you may telephone toll free 1-800-421-3880 and ask for the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s). GENERAL POWER OF ATTORNEY- CERTWIED COPY 3 7 ~ ? ~ ~ M--13713 (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS: That St. Paul Mercury Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitut~ and appoint: CERTIFIED Ct oy NO. Don Z. Filson, Josephine H. Humphries, Wyatt H. Walton, Cynthia Ellin~x~, individually, Bc~anoke, Virginia its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of inden~nity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, NOT ~} EXCelS"/3 ~] ~Elq~,~ TH~ ~ OF ~-~'V~ ],frT.'l'.TO~ Dorx~($25,000,000)F_,M~ and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Mercury Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-Laws adopted by the Shareholders of ST. PAUL MERCURY INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978, of which the following is a tree transcript of said Section 6 (C): '~'he President or any Vice President, Assistant Vice President, Secretary or Service Center General Manager shall have power and authority (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To appoint special Attorneys-in-fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this section and/or any of the By-Laws of the Company, and (3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 12th day of December, 1967, of which the following is a tree excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN TESTIMONY WHEREOF, St. Paul Mercury Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 30th day of November, A.D. 1990. STATE OF NEW JERSEY ~ ss. County of Somerset / ST. PAUL MERCURY INSURANCE COMPANY , Secretary On this 12th day of '~~ ,19 95 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Mercury Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at,the.township of Bedminster, New Jersey, the My Commission Expires December 16, 1996 CERTIFICATION I, the undersigned officer of St. Paul Merou'y Imuram~ Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct t~-anscripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.  IN TESTIMONY WHEREOF, I have hereunto set my hand this 3rd day of JuZy 19 97 Only a certified copy of Fower of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies, carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 31801 Rev. 1-96 Printed in U.S.A. CITY OF ROANOKE, VIRGINIA CHANGES TO AMOUNTS ON BID FORM ROANOKE ELECTRIC STEEL ROADWAY PROJECT NUMBER 6354 BID NUMBER 97-6-4 In accordance with Section 6.5 of the Instructions to Bidders, the following revision(s) is (are) to be made to the Bid Form: ITEM DESCRIPTION: ADD: DEDUCT: DOLLARS ($ ) DOLLARS ($ ) ITEM DESCRIPTION: ADD: DEDUCT: DOLLARS ($ ) DOLLARS ($ ) TO BE SIGNED BY BIDDER FIRM: BY: TITLE: DATE: TIME: Project: Roanoke Electric Steel Roadway 1 of 1 Changes to Amounts on Bid Form Rev. 12/18/96 CITY OF RQANOKE, VIRGINIA MINORITY & WOMEN-OWNED BUSINESS ENTERPRISE CERTIFICATION The bidder (proposer) shall complete the following information: Is bidder (proposer) a qualified minority or women-owned business enterprise (MBE/WBE)? Yes: No: v'. Regardless of response to this question bidder shall complete the following: Will bidder be using subcontractors? Yes: v' No:__ In conjunction with the City of Roanoke's policy to utilize minority and women-owned business enterprises wherever possible, the bidder (proposer) has solicited quotations for labor, material, and/or services from the following MBE/WBE: (Attach additional sheet if necessary.) Type of Labor, Service A. Nam~ qf Firm P~rson(s) Contacted or Mal;~rial Quoted Dat~ Of those listed above, we intend to utilize the following MBE/WBE in completion of the work required by this contract: (Attach additional sheet if necessary.) Type of Labor, Service Amount of Contract N{~me Qf Firm Qr M~t~ri{ll Quoted Subcontract The bidder will utilize the indicated MBE/WBE firms in this project. If the bidder (proposer) determines not to use the indicated MBE/WBE, bidder must notify City and provide a valid non- discriminatory business reason for not employing the MBE/WBE. If the MBE/WBEs indicated in paragraph "A" will not be utilized, please state the reason for each firm. N~m~ Qf Firm F~lts of Contact D. If unable to contact MBEs or WBEs please indicate efforts made: The enclosed list is the attempts made by our secretary with the corresponding results. This firm has made a good faith effort to utilize MBE/WBEs whenever possible. FIRM NAME: W~P-% l~ro+her~ Inc. I / TYPED NAME: Charles O. Hayaes, Sr. Project: RQanoke Electric Steel Roadwav 1 of 1 M/WBE Certification Form Rev. 12/18/96 GENERAL CONTRACTORS P.O. BOX 314 · CHATHAM, VIRGINIA 24531 · PHONE (804) 432-8282 A-1 Concrete Company Concrete Ready Mix (540) 362-5366 (540) 387-9571 Howard W. Childress, General Contractor GHT Contractor Georgetown Contractor Harvest General Contractor Oak Hill Construction Starkey & Associates Plant Culture, Inc. Richard Pennix Rufus Jackson, Paving Co. T. H. Phelps Paving (540) 562-1754 (540) 342-9336 (540) 562-1427 (540) 563-4065 (540) 343-0767 (540) 362-1199 (540) 342-0818 (540) 362-8518 (540) 343-0480 (540) 989-9804 Number not in service 07/02/97 No one available to advise as to whether they are quoting or not Number not in service No one available to find out if quoting or not No one available to find out if quoting or not Wrong number No answer Left message on answering machine Does not do seeding work Number not in service No answer Left message on answering machine MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File #102-514 Alan G. Soltis, Vice-President Lanford Bros., Co., Inc. P. O. Box 7330 Hollins, Virginia 24019 Dear Mr. Soltis: I am enclosing copy of Ordinance No. 33538-080497 accepting the bid of Lanford Brothers Co., Inc., in the amount of $143,134.00, for repair of the bridges at Bridge Street and Dale Avenue, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, ~~ Mary F. Parker, CMClAAE City Clerk MFP:sm Enc. H:~AGENOA.gT~AUG.4 Alan G. Soltis.,V~ice-President Lanford Bros., Co., Inc. August 7, 1997 Page 2 pc: The Honorable Marsha C. Fielder, Commissioner of the Revenue W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Jan G. Bruce, Project Manager Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget Charles A. Harlow, Grants Compliance Monitor H:~AGENDA, gT~AUG.4 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File #102-514 Cleco Corporation Core Construction H & S Construction Ladies and Gentlemen: · I am enclosing copy of Ordinance No. 33538-080497 accepting the bid of Lanford Brothers Co., Inc., in the amount of $143,134.00, for repair of the bridges at Bridge Street and Dale Avenue, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed bridge repairs. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:'~AGENDA.gT~UG,4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33538-080497. AN ORDINANCE accepting the bid of Lanford Brothers Company, Incorporated, for repair of the bridges at Bridge Street and at Dale Avenue, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Lanford Brothers Company, Incorporated, made to the City in the total amount of $143,134.00 for repair of the bridges at Bridge Street and at Dale Avenue as is more particularly set forth in the report to this Council dated August 4, 1997, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's 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 aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 7, 1997 File ~60-102-514 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33537-080497 amending and reordaining certain sections of the 1997-98 Capital Improvements Fund Appropriations, providing for appropriation of $150,000.00 in connection with repair of bridges at Bridge Street and at Dale Avenue. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~,GENDA.97',AUG.4 James D. Gri~sG. Director of Finance August 7, 1997 Page 2 pc: The Honorable. Marsha C. Fielder, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Jan G. Bruce, Project Manager Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDA.gT~AUG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of August, 1997. No. 33537-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emerger*.<~,. 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Aoorooriations Streets and Bridges Bridge Maintenance (1) ..................................... $14,756,255 468,650 1) Appropriated from General Revenue (008-052-9549-9003) $ 150,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. August 4, 1997 Council Report No. 97-167 Honorable Mayor and Members of' City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT BRIDGE REPAIRS - BRIDGE STREET (NORWICH) AND DALE AVENUE BID NO. 97-5-71 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. s?///~fully/~~~ ~/oh~ H. Parrott, Chairman Carroll E. Swain ~Villiam F. Clark Charles M. Huffine t JHP/JGB/kh Attachment: Bid Committee Report C; City Attorney City Clerk Director of Finance Director of Public Works Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue August 4, 1997 Council Report No. 97-167 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT BRIDGE REPAIRS - BRIDGE STREET (NORWICH) AND DALE AVENUE BID NO. 97-5-71 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager WRH/JGB/kh Attachment: Bid Committee Report C: City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue August 4, 1997 Council Report No. 97-167 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT BRIDGE REPAIRS - BRIDGE STREET (NORWICH) AND DALE AVENUE BID NO. 97-5-71 J~ on the subject in chronological order is as follows: A. City of Roanoke Brid_oe InsDections Proaram identifie~ maintenance needs. B. Estimated cost for various small maintenance Droie~;t$ as identified ~ 1,400.000. is Funding of $150,000 was adopted in the FY96/97 budget for bridge maintenance and was appropriated to the Capital Fund. Two {2) bridaes with the highest priority maintenance identified. The following repairs will be made: needs have been Norwich Bridge {Bridoe Street)//8036 a. Replace expansion joints. b. Repair cracks and delamination in concrete deck and sidewalks. c. Spot paint. Dale Avenue//1903 Replace transverse deck expansion joints. Bridge and approaches will be repaved as part of normal paving program. Closure of Norwich Bridoe will be reouired for up to 30 days. Bridge maintenance can occur while traffic continues. Dale Avenue F. Proiect has been designed and now needs to be constructed. Honorable Mayor and Members of City Council BID COMMITTEE REPORT BRIDGE REPAIRS - BRIDGE STREET (NORWICH) AND DALE AVENUE BID NO. 97-5-71 August 4, 1997 Page 2 II. Current situation is as follows: Ao Pro!ect was Drooerlv advertised and bids were publicly ooened and read aloud by D. Darwin Roupe, Manager, Supply Management, on July 1, 1997. Bo Four (4) bids were received with Lanford Brothers Company, Incorporated, submitting the Iow bid in the amount of $143.134. Fundino of $150.000 was also adoDted in the FY97/98 budget for bridge maintenance needs to be transferred from the General Fund to the Capital Projects Fund ($5,964 for this project and $144,036 for future maintenance needs this year). III. Issues in order of importance are as follows: A. Cost B. Funding IV. Alternatives in order of feasibility are as follows: Authorize the City Mana(~er to execute ~ unit price contract, in a form approved by the City Attorney, with Lanford Brothers ComDanv. Incorporated, in the amount of $143.134 with 75 calendar days for completion with a project contingency of $15.0Q0. 1. Cost is 1% above the Enaineer's estimate and was competitively bid. Funding is available in the Capital Projects Fund, account no. 008-052- 9549, Bridge Maintenance, and in the General Fund Transfer to Capital Projects Fund account no. 001-004-9310-9508. Bo Do not authorize the City Manager to execute a contract with Lanf0rd Br~)ther$ Company. Incorporated. 1. Cost would be based on future bids. 2. Funding would not be an issue at this time. Honorable Mayor and Members of City Council BID COMMITTEE REPORT BRIDGE REPAIRS - BRIDGE STREET (NORWICH) AND DALE AVENUE BID NO. 97-5-71 August 4, 1997 Page 3 Recommendati(~n is as follows: City Council concur in alternative "A" and take the following actions: Authorize the City Manaaer to execute a contract with Lanfgrd Brothers Company, Incorporated, for Bridge Repairs - Bridge Street and Dale Avenue, in the amount of $143.134 and authorize a project contingency of $15,000. ADDroDriate $150,00Q which is currently available in the General Fund Transfer to Capital Projects Fund to the Capital Fund account no. 008-052-9549-9003 entitled "Bridge Maintenance." C. Reiect the other bi~l~ received. JGB/kh Attachment: Bid Tabulation Cl City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue TABULATION OF BIDR BRIDGE REPAIRS - BRIDGE STREET & DALE AVENUE BID NO. 97-5-71 Bids were opened by D. Darwin Roupe, Manger, Office of Supply Management, on Tuesday, July 1, 1997, at 2:00 p.m. CONTRACTOR ADDENDUM TOTAL BASE BID Lanford Brothers Company, Incorporated Yes $143,134 Corte Construction Yes $ 214,000 Cleco Corporation Yes $265,420 H&S Construction Yes $279,500 Estimated Cost: $142.150 Office of the City Engineer Roanoke, Virginia August 4, 1997 (Revised 6/25/97) DATE: July 1, 1997 D. Darwin Roupe Manager of General Service Room 353, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 SUBMITTED BY: Lanford Brothers Co.,Inc. (Firm Name) The undersigned hereby proposes and agrees, if this Bid is accepted, to Contract with the City of Roanoke, Virginia, to furnish all equipment, materials, labor and services necessary to repair the existing bridges conveying Bridge Street over Roanoke River and the existing bridge which convey Dale Avenue (Route 24) over Tinker Creek Project Number 6355, in accordance with the Contract Documents as prepared by the Office of City Engineer, Roanoke, Virginia. I BASE BID PRICE SCHEDI~E PROPOSAL UNIT TOTAL ITEM DESCRHYrlON QUANTITY PRICE AMOUNT Reoairs to Norwich Brid~e. (Brid~e Street~ lA Type B Patching in Bridge Deck 260 SF $ ~O. oo $/o, ¥oO oOO 2A Remove and Replace Expansion Joint 2 EA $ $ Assemblies (2) (cl.~qO~. oo 30.~ I~/&. 06 3A Replace sidewalk sections 1 1.3 $ 2.~ ooo.oo $ k~ooo, oo 4A Mill Approach Slab and Inatall. Asphalt' 1 LS $ $ Overlay ~, OoO. o o /~j o00. oO 5A Raise Backwall at Abutment Level I 1_3 $ $ with Bridge Deck ~jOOO.o0 6,ooO. aO 6A Grade Area Adjacent to Abutment B 1 LS $ $ and Install Class I Rip Rap %0oo. oo ~ ooo. oo 7A Clean and Paint A588 Structural 1 LS $ $ Elements Within Five Feet of Expansion Joints and Outside Face andar_~.~7~'5"O0'°O ~7~,.,c'OO. oO Bottom Flange of Exterior Girders. ~_ ._ _ _~ .-_.~ 635, , ,.,- -,,-, . o 8A Install Guardrail System at Both Ends 1 LS $ $ of Bridge /3,,5B0. o0 13.,,y'DO. O0 9A Remove and Replace Expansion Joint 1 1.3 $ $ Sealant in Sidewalk, Safety Curb and Parapets /t .5-00,0o /_, ,fDO. oO Subtotal for All Repairs to Norwich Bridge $ Io?, 7Id,. 09 Project: Bridges Repairs, Bridge Street and Dale Avenue 1 of 3 Bid Form the !dolIars ~ dollars per day a~ to of ROanoke fo~ calendar day in fully satisfactorily complete the worlt. Liquidated damages of Two-H~ ($200.00t Dollars per day, shall also apply, for each consecutive calendar day that Norwich Bridge is closed to traffic in excess of 30 consecutive days. ~im: S,.id~ n~ S~S, Su~,~d~A,~ 2 of 3 Bid Form ,The undersigned agrees, if this Bid is accepted, failure or refusal to execute the Contract with and furnish to the City of Roanoke the required bonds, within ten (10) consecutive calendar days from the receipt of written notice from the Office of City Engineer will result in a forfeiture of the Bid Security to the City of Roanoke as liquidated damages. The successful Bidder shall be awarded a Lump Sum Contritct. Licensed "Class A" or "Class B" Virginia Contractor Number 2701 005847A State the comolete firm name, exactly as it is recorded with the State Corporation Commission. EXACT FIRM NAME Lanford Brothers Co., Inc. BY ~ TITLE Vice President (TYPED NAME: Alan G. Soltis DELIVERY ADDRESS 4466 North Commerce St. MA/LING ADDRESS P. o. Box 7330 CITY Hollins STATE VA ZIP CODE 24019 TELEPHONE 540-992-2140 FAX 540-992-2139 ESCROW ACCOUNT REQUESTED (if applicable): YES x NO DIRECTIONS FOR MAILING BIDS: If proposals are sent by mail, they shall be sent by registered mail. Opaque envelopes containing proposals and certified check or bidders bond must be sealed, marked, and addressed as follows: D. Darwin Roupe Office of Supply Management Room 353, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Place in lower left-hand comer of the envelope the project title as indicated at the top of the invitation to Bid. Place in the upper left-hand comer of the envelope the bidders name, mailing address, and Virginia Contractor number. Project: Bridges ~'p~.. a.dg¢ SCr~ ~,~ D-,c Avc.u~ 3 of 3 Bid Form M & C Form g009 Date: Mattern & Craig Consulting Engineers 701 First Street, S.W. Roanoke, Virginia 24016 Project: Bridee Street & Dale Avenue Roanoke. Virt, inia Job No. 6355 Addendum Date: Commi.~sion No. 1537 ADDENDUM NO. 1 The following shall modify the contract documents and the work shall be accomplished in accordance with such modifications. It is requested that this Addendum be stapled to the back of the front cover of the specifications. General A new Bid Form with required verbiage is attached and made part of this Addenda. Do not use the original Bid Form. Use only Bid Form revised on 6/25/97 for submission of bid, Submit all other documentation, required per Section 16, Instructions to Bidders: Bid Form Changes to Amounts on Bid Form (if applicable) Minority & Women-Owned Business Enterprise Certification Properly Executed Bid Security (5%) Submit documentation verifying bidder's proper legal name, including documentation from State Corporation Commission if bidder is a corporation. 2. Painting Painting of A588 structural elements is to include bearings within 5 feet of expansion joints as well as bearings under the exterior girder located at the piers. ADDENDUM NO: 1 COMMISSION NO: 1537 PAGE 1 OF 1 CITY OF ROANOKE. VIRGINIA CHANGES TO AMOUNTS ON BID FORM BRIDGE REPAIRS BRIDGE STREET & DALE AVENUE JOB NUMBER 6355 BID NUMBER 97-5-71 In accordance with Section 6.5 of the Instructions to Bidders, the following revision(s) is (are) to be made to the Bid Form: 6 TE,",I ITEM DESCRIPTION: DOLLARS ($ ) DEDUCT: ~__.LE.v~,-/tIous,~uD j ~-ou~ ~luu,o~..~D ~o DOLLARS ITEM DESCRIPTION: ADD: DOLLARS ($ ) DEDUCT: DOLLARS 15 ) mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm~m' TO BE SIGNED BY BIDDER FIRM: /-/bU F~/2.J"~ /~ ~,~ CO. //'/..J C. By: ~~1_~ ~ ~ TITLE: DATE: '7--/- ~ '~ TIME: Project: Bridae Street & Dale Avenue I of 1 Changes to Amounts on Bid Form Rev. 12/18/96 CITY OF ROANOKE. VIRGINIA MINORITY & WOMEN-OWNED BUSINESS ENTERPRISE CERTIFICATION The bidder (proposer) shall complete the following information: Is bidder (proposer) a qualified minority or women-owned business enterprise (MBE/WBE)? Yes: No: X Regardless of response to this question bidder shell complete the following: Will bidder be using subcontractors? Yes: /)~'. No:_~./~&5 In conjunction with the City of Roanoke's policy to utilize minority and women-owned business enterprises wherever possible, the bidder (proposer) has solicited quotations for labor, material, and/or services from the following MBE/WBE: (Attach additional sheet if necessary.) Type of Labor, Service A. Name of Firm person(si Contacted gr Material Quoted Date ,.Sf~,J /~P,. cO. ~/uC St~uD"/ HuTCrt£~$ TF-.d~"T c co~7~t. ~,/3~ /?7 Of those listed above, we intend to utilize the following MBE/WBE in completion of the work required by this contract: (Attach additional sheet if necessary.) Type of Labor, Service Amount of Contract Name of Firm or Material Quoted Subcontract None The bidder will utilize the indicated MBE/WBE firms in this project. If the bidder (proposer) determines not to use the indicated MBE/WBE, bidder must notify City and provide a valid non- discriminatory business reason for not employing the MBE/WBE. C. If the MBE/WBEs indicated in paragraph "A" will not be utilized, please state the reason for each firm. Name of Firm Results of Contact ~,~ 77'/,',3 D. If unable to contact MBEs or WBEs please indicate efforts made: This firm has made e good faith effort to utilize MBE/WBEs whenever possible. FIRM NAME: T,anford Brot,hers r~.O; r~Tnc. TYPED NAME: Alan G. Soltis,VP Project: Bridge Street & Dale Avenue 1 of 1 M/WBE Certification Form Rev. 12/18/96 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: {540'} 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File ~468 George Seifried, Senior Vice-President Danis Heavy Construction Co. P. O. Box 1510 Dayton, Ohio 45401 James Pizzagalli, Chief Executive Officer Pizzagalli Construction Co. P. O. Box 2009 South Burlington, Vermont 05407-2009 Gentlemen: I am enclosing copy of Ordinance No. 33540-080497 allowing the withdrawal of a bid submitted by Pizzagalli Construction Co.; accepting the bid of Danis Heavy Construction Co., in the amount of $16,690,000.00, for upgrade and expansion of the Water Pollution Control Plant, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA.gT~UG.4 George Seifried James Pizzagalli August 7, 1997 Page 2 pc: Randolph M. Smith, City Manager, City of Salem, P. O. Box 869, Salem, Virginia 24153 B. Clayton Goodman, III, Town Manager, Town of Vinton, P. O. Box 338, Vinton, Virginia 24179 Elmer C. Hodge, County Administrator, County of Roanoke, P. O. Box 29800, Roanoke, Virginia 24018-0798 Gerald A. Burgess, III, County Administrator, County of Botetourt, P. O. Box 279, Fincastle, Virginia 24090 William S. M'Coy, P.E., Project Manager, Malcolm Pimie, Inc., 11832 Rock Landing Drive, Newport News, Virginia 23606-4206 The Honorable Marsha C. Fielder, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician L. Bane Coburn, Civil Engineer Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Steven L. Walker, Manager, Water Pollution Control Plant Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget Charles A. Harlow, Grants Compliance Monitor H:~,GENDA.97~AUG,4 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File ~f~68 Crowder Construction Co. English Construction Co., Inc. MCI Constructors, Inc. Gentlemen: I am enclosing copy of Ordinance No. 33540-080497 allowing the withdrawal of a bid submitted by Pizzagalli Construction Co.; accepting the bid of Danis Heavy Construction Co., in the amount of $16,690,000.00, for upgrade and expansion of the Water Pollution Control Plant, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. H:~AGENDA.9?I, AUG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI& The 4th day of August, 1997. No. 33540-080497. AN ORDINANCE allowing the withdrawal of a bid by Pi:: ~ galli Construction Company; accepting the bid of Danis Heavy Construction Company for the upgrade and expansion of the Water Pollution Control Plant, upon certain terms and conditions, and awarding a lump sum contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The request of Pizzagalli Construction Company to withdraw its bid for the upgrade and expansion of the Water Pollution Control Plant due to an unintentional arithmetic error or omission is hereby granted and the said bid is deemed withdrawn. 2. The bid of Danis Heavy Construction Company, in the total amount of $16,690,000.00, (which includes all items on the bid tabulation, including the amount to be assigned for the BAF System in items 5 and 6) for the upgrade and expansion of the Water Pollution Control Plant, as is more particularly set forth in the August 4. 1997, report to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED, subject to the City receiving proper State approval for the Project. 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's 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. However, the City Manager shall not sign the contract until the City has received proper State approval for the Project. 4. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 5. 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. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 7, 1997 File ft60-468 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33539-080497 amending and reordaining certain sections of the 1997-98 Sewage Treatment Fund Appropriations, providing for the transfer of $5,378,715.20 in connection with the upgrade and expansion of the Water Pollution Control Plant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~AGENDA.g7~AUG.4 James D. Gri_sso_ Director of Finance August 7, 1997 Page 2 pc: The Honorable Marsha C. Fielder, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician L. Bane Coburn, Civil Engineer Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Steven L. Walker, Manager, Water Pollution Control Plant Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane $. Akers, Budget Administrator, Office of Management and Budget Charles A. Harlow, Grants Compliance Monitor H:~AGF..NDA.97~AUG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of August, 1997. No. 33539-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Sewage Treatment 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 1997-98 Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay Upgrade and Expansion -Water Pollution Control Plant (1-2) ........ Renovation/Expansion - Water Pollution Control Plant (3-4) ......... 94 STP Expansion Bonds (5) ................................. Revenue Due from Other Governments (6-9) ............................. $ 37,055,150 18,062,532 2,592,805 2,944,249 $10,123,845 1 ) Appropriated from Other Governments 2) Appropriated from Bond Funds 3) Appropriated from Other Governments 4) Appropriated from Bond Funds 5) Appropriated from Bond Funds 6) Due from Botetourt County 7) Due from Roanoke County (003-056-8475-8999) (003-056-8475-9001) (003-056-8470-8999) (003-056-8470-9001 ) (003-056-8465-9001) (003-1073) (003-1072) 11,325,207 6,737,325 2,283,775) 1,358,610) 5,378,715) 1,009,410 4,210,683 8) Due from City of Salem (003-1071) $ 3,013,811 9) Due from Town of Vinton (003-1074) 807,528 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. August 4, 1997 Council Report No. 97-168 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT UPGRADE AND EXPANSION, WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA BID NO. 97-4-54 We, the undersigned consideration. Bid Committee, hereby submit the attached report for your Carroll E. S~air~/ - "Kit B~. kis'or William F. Clark JHP/LBC/kh Attachments: Bid Committee Report Letter and Summation Sheet of Bid Tabulation from Pizzagalli Construction Company C: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue Manager, Water Pollution Control Plant City Manager, City of Salem Town Manager, Town of Vinton County Administrator, County of Roanoke County Administrator, County of Botetourt August 4, 1997 Council Report No. 97-168 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT UPGRADE AND EXPANSION, WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA BID NO. 97-4-54 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager WRH/LBC/kh Attachments: Bid Committee Report Letter and Summation Sheet of Bid Tabulation from Pizzagalli Construction Company C: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue Manager, Water Pollution Control Plant City Manager, City of Salem Town Manger, Town of Vinton County Administrator, County of Roanoke County Administrator, County of Botetourt August 4, 1997 Council Report No. 97-168 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT UPGRADE AND EXPANSION, WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA BID NO. 97-4-54 Ba(;koround on the subject in chronological order is as follows: Following proper advertisement, bids were Dubliclv opened and read aloud by D. Darwin Roupe, Manager, Office of Supply Management, on July 8, 1997, at 2:00 p.m. Five (5) bids were received with Pizzagalli Construction Company submitting the apparent Iow bid in the amount of $16.207.000.00. The specified time of completion is l~70 consecutive calendar days for substantial completion and 730 consecutive calendar days for final acceptance. Instructions to Bidders. Daragraoh 18.03 of the ~pecification~, permits the withdrawal of a bid that is substantially lower than other bids, if the bid was submitted in good faith and a clerical mistake we8 made in the bid tebulati0n. A written reouest from Pizzaoalli Construction Company for withdrawal of their bid. alono with the bid tabulation sheets, was delivered to D. Darwin R0uPe on Thursday. July 10. 1997. at 1:00 o.m.. in less than the two days as stipulated in the Instruction to Bidders. (Letter and Summation Sheet are attached.) The next Iow bidder was Danis Heavv Conatrv~;ti0n Company. Their bid was $16.690.000.00 and the same construction time as specified in Item I.B. above. The DePartment of Health has approved the Drojegt end forwarded their approval to the Department of Environmental Quality (DEQ). DEQ has the responsibility to issue the construction permit. II. Current situation is as follows: A. Proiect has been bid. an acceptable Iow bidder he8 been determined, and the contract needs to be executed. III. Issues in order of importance are as follows: A. Compliance of the bidder with the reouirements of the contragt d0cument¢ for biddino Honorable Mayor and Members of City Council BID COMMITTEE REPORT UPGRADE AND EXPANSION, WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA BID NO. 97-4-54 August 4, 1997 Page 2 Amount of the bid Fundino for the oroiect Time of comoletion IV. Alternatives in order of feasibility are as follows: Award a lump sum contract, in a form approved by the City Attorney, to Danis Heavy Construction Comoany in the amount of $16.690.000.00 and the specified time of 730 consecutive calendar days to final completion, subject to receipt of a construction permit from the DEQ. Comoliance of the bidder IDanis Heavv Construction (;gmpany) with the reouirements of the contract documents for bidding was met. (Pizzagalli Construction Company also met the bidding requirements.) Amount of the bid of Danis Heavy Construction Company is acceptable. The amount of Danis' bid plus the bid for the Tinker Creek Interceptor from the siphon basin to the headworks is within the estimated cost of the plant work. 3. Fundino for the Droiect is divided according to the jurisdictional contract. Bid of Danis Heavy Construction Company Contingency $16,690,000.00 1,372,532.00 $18,062,532.00 The sum of $3.938,852.00 was approved by City Council on September 3, 1996, for the Biological Aeration Filter Treatment (BAF) System provided by Infilco Degremont. Five percent of this figure, or $196,942.60, was paid to Infilco Degremont for production of their BAF drawings. An amount of $99,525.00 is also included for an extended warranty and maintenance agreement. The remaining portion of the funding of $3,642,384.40 will be assigned to the contractor from the Infilco Degremont contract. See Item 5 of the Bid Tabulation. Total additional funding required for the contract plus contingency with Danis Heavy Construction Company is $14.420.148.00. Honorable Mayor and Members of City Council BID COMMITTEE REPORT UPGRADE AND EXPANSION, WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA BID NO. 97-4-54 August 4, 1997 Page 3 Bo Reiect 1. The jurisdictional amounts are as follows: City of Roanoke 37.3% Botetourt County 7.0% Roanoke County 29.2% City of Salem 20.9% Town of Vinton 5.6% 100.0% 5,378,71 5.20 1,009,410.36 4,210,683.22 3,013,810.93 807.528.29 4,420,148.00 The City of Roanoke's share of the contract and contingency, $5.378.715.20, is in account no. 003-056-8465-9001, Sewage Treatment Expansion Bonds. Time of completion is specified as 67(;) consecutive calendar days to substantial completion and 730 consecutive calendar days to final completion, which is acceptable. the bids and do not award a contract at thi~ time. Comoliance of the bidder with the reouirements of the contract documents for biddino would not be an issue. Amount of the bid would probably increase if rebid at a later date. Funding for the oroiect would not be encumbered at this time. Time of comoletion would be extended. The City is under a mandate from the State Health Department to have this project complete by December, 1999. Recommendation is as follows: City Council concur in alternative "A" and take the following action: ADDrove the withdrawal of the bid from Pizzaoalli Construction Company due to a mathematical error in their bid tabulation (see attachment). Authorize the City Manager to enter into a contractual aar~ement, in form approved by the City Attorney, with Danis Heavv Construction Company, for the upgrade and expansion of the Water Pollution Control Plant, in accordance with the contract documents as prepared by Malcolm Pirnie, Inc., Consultants, in the amount of $16.690.000.00 and 730 consecutive calendar days to final completion, subject Honorable Mayor and Members of City Council BID COMMITTEE REPORT UPGRADE AND EXPANSION, WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA BID NO. 97-4-54 August 4, 1997 Page 4 Do to receipt of a construction permit from DEQ. ($3,642,384.40 of the contract amount shall be transferred from the BAF contract.) Transfer ~,5,378.715.20 for the City's share of this agreement from Sewage Fund account no. 003-056-8465-9001 to a new Sewage Fund account entitled Upgrade and Expansion of the Water Pollution Control Plant, to be established by the Director of Finance. Appropriate $9.041,432.1~Q to the same account from funds to be provided from the other localities and establish an accounts receivable for the same amount. Total funding of the contract would be $18,359,000.00, including the $3,642,384.00 to be transferred from the BAF contract (003-056-8470). Reiect the other bids received. Awerd of the contract is contingent on the aDDroval of I~EQ. The letter of approval should be received by the City of Roanoke around the middle of August. LBC/kh Attachments: Bid Tabulation Letter and Summary Sheet of Bid Tabulation from Pizzagalli Construction Company C: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue Manager, Water Pollution Control Plant City Manager, City of Salem Town Manager, Town of Vinton County Administrator, County of Roanoke County Administrator, County of Botetourt B/D TABULATION for ROANOKE WATER POLLUTION CONTROL PLANT UPGRADE CITY OF ROANOKE, VIRGINIA BID # 9%4-54 July 8, 199q ENGINEER: Malcolm Pirnie/Mattern & Craig ITEM I, Base Bid BID ITEMS ITEM 2 - 2nd Plant Influent Pump ITEM 3 - Digester Covers ITEM 4 - Face Brick at BAle & BAF P.S. ITEM 5 - Assignment of BAF Unit ITEM 6 - Change Orders Associated with BAF Procurement ITEM 7 - Rock Excavation (1,000 Cu. Yds.) ITEM 8 - Additional Excavation (1,000 Cu. Yds.) ITEM 9 - Additional Cru~hed Stone (250 Cu. Yds.) ITEM 10 ~ Additional Select Fill (750 Cu. Yds.) ITEM 11 - Additional Class "A" Concrete (250 Cu. Yds.) ITEM 12 - Additional Reinforcing Steel (50,000 lb.) ITEM 13 - Additional Class "AF" Concrete (250 Cu. Yds.) TOTAL BID ENGINEER'S ESTIMATE: $23.300.000.00 PIZZAGALLI CONSTRUCTION COMPANY $11,201,745.60 $163,000.00 $940,000.00 $65,000.00 $3,642,384.40 $24,370.00 $20,~-~.~ $14,000.00 $5,500.00 $13,500.00 $62~ $17,500,00 $37,500.00 $16,207,000.00 DAN-IS HEAVY CONSTRUCTION COMPANY $12,090,000.00 $100,000.00 $700,000.O0 $39,745.60 $3,642,384.40 $24,370.O0 $5,000.00 $5,000.00 $4,000.00 $12,000.00 $25,000.00 $17,500.00 $25,O00.O0 $16,6901~ BIDDERS ENGLISH CONSTRUCTION COMPANY, INC. $12,050,995.00 $200,000.00 $1,0O0,000.00 $24,370.00 $50,000.00 $10,000.00 $7,500.00 $15,000.00 $31,250.O0 $25,0O0.00 $37,500.00 $17,173,999.40 CROWDER CONSTRUCTION COMPANY $12,145,245.60 $185,000.00 $996,300.00 $3,642,384.40 $24,370.00 $35,000.00 $5,000.00 $6,250.00 $11,250.00 $50,000.O0 $25,000.00 $62,500.00 $17,248,300.00 OFFICE OF CITY ENGINEER ROANOKE, VA AUG. 4, 1997 MCI CONSTRUCTORS $12,657 $170,000.00 $78,245.60 $3,642,384.40 $24,370.00' $58,000.00 $10,0O0.00 $3,6oo.o0 $10,800.00 $50,000.0O $17,500.00 $51,250.00 $17,674,000.00 .? K:\PFM\1388A.TBL pizzegelli lAX: ({02) D. Da~w~n ~ouDe, o~ce o£ Supply ManageuenC CLOy of 215 ~ch Aven~, S.W. ~,-4ci~ Bldg., R~ ]53 R~ke, Vir~4-4a 24011 ~u.].y ZO, ]-997 wace~ FolluClcm: Cent. L-el ~lanc D~d Mo. ~7-4-$4 Regl~d~n~ Plzzagalli Co~ic~,ucc£on coeip*,~7'~ bid eub~cced ~u~¥ 8, ~997. £0~ ~he abov~ ~e~cenced p~o~ec~, we hA~e discovered an erro~ ~n ou~ bid. c~c ~d~c~f~el oho e~v~ oc~ed~pape 4 o[ ~ ~ad oheec ~ ~Eo=tu~atel~, due to a computer pro~a~B~n~ error, ou.l¥ the ove~ad~d p~o~ oE $110,003 ~ a~ to ~h~ ~.t ~ b~ht ~ toC~ to ~ ~ou should have any queecim2J, please do nec hesitate co contact me. enclosm:e Page 4 Adjusted Cost Builder's Risk Amount Liability Insurance Amount Owner's Protective Amount Gross Receipts Tax Amount P & P Bond Amount (Enter '0' if not required) Bond Premium for Project Duration > 24 Mos. Sub Bonds Sub Total $3,666,754.40 OH & P - IDI OH&P-Remain $15,954,337 15,970 40,520 0 2,269 77,859 o 7,000 Sub Bond MBE WBE Diff- LowQuot{ $16, 097,955 1.25% $0 $0 $0 3.00% 110,003 $560,000 0.00% O. O~/o 0.00% 9.00% 1,128,708 $1,238,711 =Total Profit Rounded Amount $16,207,000.00 :~i biD BREAKDOWN Est. Unit ___ Qty. ___ Pdce Total____ I Genera Construction N/A N/A 11,201,745.60 2 Second Plant Influent Pump N/A N/A 163,000.00 3 Digester Covers N/A N/A 940,000.00 4 BAF Face Brick N/A N/A 65,000.00 5 Assignment of IDI Agreement N/A N/A 3,642,384.40 6 IDI Change Orders N/A N/A 24,370.00 7 Rock Excavation_(CY) __ 1,0(X) 20.00 20,000.00 8 Additional Excavation (CY) 1,0(X) 14.00 14,000.00 9 Additional Crushed Stone (CY) 250 22.00 5,500.00 10 Additional Select _Fill _(CY) 750 ...... 18.00 13,500.00 11 Additional Class *A" Concrete (CY) 250 250.00 62,500.00 .._ 12 Additional Reinforcin_g_Steel (LB) ..... 50,000 ....... 0_.3,5 17,500.00 __ !3 Additional Class "AF" Concrete (CY~__........ 250 ____ 150.00 _--37,500.00 ..... I[TOTAL BID J[ ..... J~- II- 16,207,000.001 SENT BY: 7-24-97 : 8:08AM I~LtlLC01_bt P I RN I E NEW'~ 1§408811364;# 2/ MALCOLM IIIIt#IE, INC. E#¥111ONMENTAL ENGINIIIeR$' ~CIENTI~T8 & PLA#NEII$ July 23, 1997 Mr. L. Bane Cobum Civil Engineer City of Roanoke 215 Church Ave., S.W. Municipal Bldg., Room 350 Roanoke, Virginia 2.~011 Water Pollution Control Plant (WPCP) Upgrade and Expansion Project Recommendation for Contract Award Dear Mr. Coburn: Five bids were received and opened for the WPCP Upgrade and Expansion Project on ,Iuly 8, 1997. [Kzzsgalli Construction Company requested, within two days of the bid opening, that its bid be withdrawn due to error, in accordance with the Contract Documents. We understand that the City intends to accept Pizzagalli's request at the upcoming City Council meeting. An abbreviated bid tabulation of the remaining four bidders showing the total bid, from lowest to highest, is provided below: Bidder Danis Heavy Construction Company English Construction Company, Inc. Crowder Construction Company MCI Constructors $1~690,000.00 $17,173,999.40 $17,248,300.00 $17,67~000.00 The bid submitted by Danis Heavy Construction Company (Danis) was accompanied by bid security in the amoum of five percent of the bid, the Bidder Qualitications Statemem, and the Minority and Women-Owned Business Enterprise Certification. In addition, Danis acknowledged receipt of the four addenda. 11832 ROCK LANO~G DRIVE SUtTE 400 NEWPORT NEWS, VA 23606-4206 804-873-870(3 FAX 804-673-8723 SENT BY: 7-24-97 ; 8:08A~1 ; K~J_COL~ PIRNIE NEW~ 18408811364;# 3/ 4 Mr. L. Bane Coburn City of Roanoke, Virsinia Page 2 Wc have evaluated thc bid submitted by Danis, a licensed Virginia Class A Highway/Heavy Contractor (#2705 021505A). The bid was for the work as specified and indicated in the Contract Documents. The City has the option of awarding Item 2 - Second Plant Influent Pump ($100,000), Item 3 - Disester Cover ($700,000), and Item 4 - Face Brick at BAF and BAF Influent Pump Station ($39,745.60). Based on the competitive pricing, we recommend that the City award all three of these bid items_ Our investigation of the reputation and financial condition of Danis indicates they are a responsible Contractor capable of performin8 the work. Contingent upon satisfactory legal review by your attorney, we recomm~d that the contra~t be awarded to Danis'Heavy Construoion Company in the amount of $16,690,000~00 (less thc corresponding bid amount if the City decides not to award Bid Items 2, 3, or 4), If you ,~ould have'any questions or require additional information, please do not hesitate to contact us. Very truly yours, MALCOLM PIRNIE, 1NC. William S. M' . . Project Manag~ klh 0060-028 C~ Steve Walker, City of Roanoke Stewart W. Hubbell, Mattem and Craig WSML0722 CITY OF ROANOKE, VIRGINIA Plant Upgrade and Expansion Project Water Pollution Control Plant (WPCP) Bid No. 97-4-54 BID TO: City of Roanoke Municipal Building, Room 353 215 Church Avenue, S.W., Roanoke, Virginia 24011 -Dan]Ls Heavy Construct~.on Company (Print or Type Name of Bidder) (/A Corporatio~ ~) Licensed Virginia Class A Highway/Heavy Contractor Number 2705 021505A Bidder is a ~ resident or x non-resident of Virginia. (Check appropriate blank. See Code of Virginia (1950), as amended, Section 54.1-1100 et.seq.) Gentlemen: 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the price(s) and within the times indicated in this Bid and in accordance with the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for the time period set forth in the Instruction to Bidders. Bidder will sign the Agreement and will furnish the required contract security, and other required documents within the time periods set forth in the Bidding Documents. 0060-028/25Jun97 2:03 pm 00300-I I] II II II Il IN I I I I I I I I 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, if any, and the following Addenda receipt of all of which is hereby acknowledged. Addendum No. ~ Addendum No. ~ 6-16-97 6-27-97 6-7o-77 7-z- 7 Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance for the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. Do Fo Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition identified at the Site, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Bidder, including applying the specific means, methods, tech- niques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. Bidder does not consider that any further examinations, investigations, explora- tions, tests, studies or data are necessary for the determination of this Bid for performance of the Work at the price(s) and within the times and in accordance with the other terms and conditions of the Bidding Documents. I 0060-028/25Jun97 2:03 pm 00300-2 Go Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. Ho Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents and all additional examinations, investigations, explorations, tests, studies and data with the Bidding Documents. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and is not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or roles of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER; and that no person or persons acting in any official capacity for the OWNER are directly or indirectly interested in this Bid, or in any portion of the profit thereof. 5.01 Submittal of a bid will constitute an agreement on the Bidder's part to the prospective assignment of the biological aerated filter (BAF) treatment system Procurement Agreement to the Successful Bidder. 6.01 The Bidder will complete the Work in accordance with the Contract Documents for the following sums: The Bid Form contains spaces for the Bidder to bid lump sum prices for Bid Items 1 through 4 and unit prices for Bid Items 7 through 13. Items 5 and 6 contain lump sum amounts. Bidder must bid Items 1 through 13 and the sum of Bid Items 1 through 13 will be considered the Total Bid. The OWNER reserves the right to select any, all, or none of Bid Items 2, 3, and 4. O060-028/25Jun97 2:03 pm 00300-3 In accordance with the above understandings and agreements, Bidder will complete the Work for the following sums: Estimated Computed D,~cription Quantities Totals (Amounts to be shown in both words and numerals. In case of discrepancy, amounts shown in words will govern.) Item 1 - For General Construction of Plant Upgrade and Expansion Work, less Items 2, 3, 4, 5, and 7 the lump sum of Dollars and /k]t~ Cents ($ /~, oqo~ ooo. oo ) LumpSum $ /~ Item 2 -For the purchase, delivery and installation of the second plant influent pump, associated discharge piping, valves, controls and all required appurtenances as shown on the Drawings and specified in Specification Section 11306, 13620, and Divisions 15 and 16, the lump sum of O/ae /4toz.o/_,e~'_ d 7ff~,sa.,.~d Dollars ~d ~fi Cen~ Lump Sum $ /aa/oooooo Item 3 - For the demolition and removal of the two existing digester covers and the purchase, delivery, and installation of two digester covers as shown on the Drawings and specified in Specification Section 02207 and ,13236, the lump sum of Dollars and Mo Cents (s ?o6.~ ooo .oo ) Lump Sum s 70o, 0oo.o,, I I O060-028/25Jun97 2:03 pm 00300-4 I I I ! I Item 4 - For the purchase, delivery, and installation of face brick at the Biological Aerated Filter and Biological Aerated Filter influent pump station, less the cost of finishing the concrete wall located behind the brick face, as shown on the Drawings and specified in Specification Section 04200, the lump sum of and Cents Item 5 - (I)For assignment of the Infilco Degremont, Inc. Biological Aerated Filter (BAF) Treatment System Goods and Special Services Procurement Agreement dated September 23, 1996 (See BAF Procurement Manual in Appendix A of Project Manual) the lump sum of Three million six hundred forty, two thousand three hundred cigar _ty-four Dollars and Forty Cents. ( $3.642.384,40 ) Item 6 - For change orders approved by the OWNER and Infilco Degremont, Inc. associated with the BAF Procurement Agreement, dated September 23, 1996, the lump sum ofTwen _ty four thousand_ thr~e hundred seven~ Dollars and no Cents. Item 7 - For Rock Excavation, the unit price of ~'~vtr Dollars and /~/o Cents ($ ~ oo ) per cubic yard Item l~ - For Additional Excavation, the unit price of ~"7¥ ~ Dollars and /~o Cents ($ 5-, o O ) per cubic yard Lump Sum Lump Sum Lump Sum 1,000 Cu. Yd. 1,000 Cu. Yd. $ 3.642.384,40 $ 24.370,00 $ ~'. I 0060-028/25Jun97 2:03 pm 00300-5 Item 9 - For Additional Crushed Stone (as defined in Section 02207, paragraph 2.1.B) the unit price of Dollars and Mo Cents ($ /6~. oo ) per cubic yard 250 Cu. Yd. Item 10 - For Additional Select Fill the unit price of ,.5 t ~' TevtN Dollars and bdo Cents ($ /6,. oo ) per cubic yard 750 Cu. Yd. Item 11 - For Additional Class "A" Concrete, the unit price of O.to g' /q/o.~,c/~,4' Dollars and MO _ Cents ($ /glO. Oe~ ) per cubic yard 250 Cu. Yd. ~ - For Additional Reinforcing Steel, the unit price of Mo Dollars and __~d~' /7~'g Cents ($ O o .YS' ) per pound 50,000 pounds $ /7, 5-o0.00 Item 13 - For Additional Class "AF" Concrete:~e unit price of 0,o£ /do.,.,d,e.,r_.d Dollars and tl~t~ Cents ($ /Do. Oo ) per cubic yard 250 Cu. Yd. (This total for convenience in comparing Bids and is not an official part of this Bid.) $ ~./~'~ o o $ /0, 6?%o00.00 (°This Lump Sum mount is thc Contract Price in the BAF Procurement Agreement dated September 23, 1996 less 5 percent of the Contract Price previously paid to Infileo Degremont, Inc. by the City for approved shop drawings and less $99,525.00 for the Extended Warranty and Maintenance Agreement which will be paid to Infileo Degremont, Inc. by the City should the City elect to enter into this separate agreement. Any additional amount to the stated Lump Sum amount required by the CONTRACTOR for costs to unload and handle on the Site, labor, installation costs, overhead, profit and any other expenses to place the BAF treatment system into successful operation shall be included in Item 1. Unit prices have been computed in accordance with paragraph 11.03.B of the General Conditions. O060-028/25Jun97 2:03 pm 00300-6 Bidder acknowledges the estimated quantities of items of Unit Price Work are not guaranteed and final payment will be based on actual quantities of Unit Price Work performed as provided in the Contract Documents. 7.01 Bidder agrees that the Work will be substantially compete and completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 7.02 Bidder accepts the provisions of the Agreement as to liquidated and special damages in the event of failure to compete the Work within the times specified above. 8.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security. B. Required Bidder Qualifications Statement with supporting data. C. Minority and Women-Owned Business Enterprise Certification. 9.01 The terms used in this Bid will have the meanings indicated in the Instructions to Bidders and the General Conditions and Supplementary Conditions. July 3 ., 19 97 Respectfully submitted on If Bidder is: By (Individual's Signature) (Printed or Typed Name of Individual) Doing business as Business Address: Phone No.: FAX No.: I O060-028/25Jun97 2:03 pm 00300-7 ! ! (Finn Name) (General Partner's Signature) (Printed or Typed Name of General Partner) ! ! Business Address: (Attach evidence of authority to sign.) ! ! Phone No.: A Corporation By. Danis FAX No. Heavy Construction Company ! II II By (Corporation Name) Ohio ~/f~corporation, (Printed or Typed Name and Title of Officer Authorized to Sign) (Attach evidence of authority to sign.) ! 1 (C'OR~. ~,7t'E SEAL.) ! ! 0060-028/255un97 2:03 pm 00300-8 Mary F. Parker, CMCIAAE C~y Ck~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 7, 1997 File #20-28-30-467-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33541-080497 providing for acquisition of certain property rights needed by the City for intersection widening in connection with installation of a traffic signal at the intersections of Colonial Avenue and McNeil Drive, S. W.; and setting a certain limit on the consideration to be offered by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 4, 1997. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Attachment H:~AGENDA.gT~UG.4 W. Robert Herbert City Manager August 7, 1997 Page 2 pc: The Honorable Marsha C. Fielder, Commissioner of the Revenue Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management William F. Clark, Director, Public Works William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget Charles A. Harlow, Grants Compliance Monitor H:~AGENDA.97~UG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33541-080497. AN ORDINANCE providing for the acquisition of certain property rights needed by the CJlty for the intersection widening in connection with the installation of a traffic signal at the intersections of Colonial Avenue and McNeil Drive, S.W.; setting a certain limit on the consideration to be offered by the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the intersection widening in connection with the installation of a traffic signal at the intersections of Colonial Avenue and McNeil Drive, S.W., the City wants and needs certain property rights as set forth in the report and attachments thereto to this Council dated August 4, 1997, on file in the Office of the City Clerk. The proper City officials are authorized to acquire the necessary property rights for the City from the respective owner for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. A public necessity and use exists for the acquisition of said property rights and immediate acquisition by purchase is necessary and expedient. 3. The City Manager is directed to offer on behalf of the City to the owner of the property such consideration as he deems appropriate; provided, however, the total consideration offered or expended and any and all necessary closing costs, including title search fees, attorney fees, and recordation costs, shall not exceed $2,000.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owner of the interest conveyed, certified by the City Attorney to be entitled to the same. 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. fl '~ )R D'O-A('l) I '~ IL August 4, 1997 Report No. 97-346 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Traffic Signal - Colonial Avenue & McNeil Drive, SW The attached staff report was considered by the Water Resources Committee at its regular meeting on July 21, 1997. The Committee recommends that Council authorize the necessary acquisition of property rights for a permanent traffic signal easement and right-of- way, in accordance with conditions stated in the attached report. Respectfully submitted, Llnd~ChSrson~ Water Resources Committee LFW:KBK:afm Attachment CC~ Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Charles M. Huffine, City Engineer Delores D. Daniels, Assistant City Manager for Community Relations Robert K. Bengtson, Traffic Engineer Diane S. Akers, Budget Administrator Ellen S. Evans, Construction Cost Technician D. D. Roupe, Manager, Supply Management Marsha C. Fielder, Commissioner of the Revenue REPORT NO. 97-346 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: THRU: SUBJECT: JULY 21, 1997 Mi~BMBERS, aWATER RESOURCES COMMITTEE , DIRECTOR, UTILITIES AND OPERATIONS TRAFFIC SIGNAL - COLONIAL AVENUE & MCNEIL DRIVE, S.W. BACKGROUND ON THE SUBJECT IN CHRONOLOGICAL ORDER IS AS FOLLOWS: A. THE INTERSECTION OF COLONIAL AVENUE AND MCNEIL DRIVE, S.W. IS A LOCATION JUSTIFIED FOR SIGNALIZATION IN THE CITY OF ROANOKE. VIRGINIA WESTERN COMMUNITY COLLEGE (VWCC) HAS AGREED TO REIMBURSE THE CITY FOR UP TO $100~000 IN COSTS RELATED TO THE INSTALLATION OF THIS TRAFFIC SIGNAL. CITY COUNCIL ACCEPTED THIS OFFER AT ITS MEETING ON MARCH 17, 1997. II . CURRENT SITUATION IS AS FOLLOWS: A. TRAFFIC SIGNAL PLANS ARE PRESENTLY BEING DEVELOPED. UPON COMPLETION, THESE PLANS WILL ENABLE THE CITY TO BEGIN MATERIAL REQUISITIONS FOR ITEMS SUCH AS TRAFFIC SIGNAL CONTROLLER AND CABINET, AS WELL AS GALVANIZED POLES WITH MAST ARMS WHICH USUALLY REQUIRE FIVE (5) MONTHS FOR FABRICATION AND DELIVERY. RELATED UNDERGROUND CONDUIT AND POLE BASE WORK WILL NEED TO BE CONTRACTED OUT. SCHEDULE FOR COMPLETION OF COLONIAL/MCNEIL INTERSECTION IS THE END OF 1997. Do FUNDING IS AVAILABLE IN THE PROJECT ACCOUNT (008-052-9561-9007) TO COVER RIGHT-OF-WAY COSTS. PROPERTY RIGHTS WILL NEED TO BE ACQUIRED FROM THE FOLLOWING LISTED TAX NUMBERS: MEMBERS, WATER RESOURCES COMMITTEE REPORT NO. 97-346 PAGE 2 JULY 21, 1997 PROPERTY OWNER TAX MAP NUMBER VIRGINIA WESTERN COMMUNITY COLLEGE, STATE BOARD OF COMMUNITY COLLEGES~ COMMONWEALTH OF VIRGINIA 1380201 CITY OF ROANOKE* 1380101 III. ISSUES IN ORDER OF IMPORTANCE ARE AS FOLLOWS: FEE SIMPLE OR PERMANENT EASEMENT PERMANENT EASEMENT 1,000 SQ. FT. (BY DONATION) FEE SIMPLE 1,500 SQ. FT. A. TRAFFIC FLOW AND SAFETY B. TIMING C. FUNDING IV. ALTERNATIVES IN ORDER OF FEASIBILITY ARE AS FOLLOWS: AUTHORIZE THE NECESSARY ACQUISITION OF PROPERTY RIGHTS FOR A PERMANENT TRAFFIC SIGNAL EASEMENT AND RIGHT-OF-WAY. 1. TRAFFIC FLOW AND SAFETY WILL BE IMPROVED AT SUBJECT INTERSECTION. TIMING FOR COMPLETION IS EXPECTED TO OCCUR BY THE END OF 1997. FUNDING IN THE AMOUNT OF $2,000 IS AVAILABLE FOR RIGHT-OF- WAY ACQUISITION. Bm Do NOT AUTHORIZE THE NECESSARY ACQUISITION OF PROPERTY RIGHTS FOR A PERMANENT TRAFFIC SIGNAL EASEMENT AND RIGHT-OF-WAY. 1. TRAFFIC FLOW AND SAFETY WOULD REMAIN AS THEY ARE TODAY. 2. TIMING FOR COMPLETION WOULD BE UNKNOWN. 3. FUNDING IS NOT AN ISSUE. *PROPERTY WILL NEED TO BE RELEASED BY THE ROANOKE CITY SCHOOL BOARD MEMBERSt WATER RESOURCES COMMITTEE REPORT NO. 97- 346 PAGE 3 JULY 21, 1997 Ve RECOMMENDATION IS AS FOLLOWS: COMMITTEE RECOMMENDS THAT CITY COUNCIL CONCUR IN ALTERNATIVE "a" AND GIVE AUTHORIZATION TO SECURE THE NECESSARY PROPERTY RIGHTS IDENTIFIED ABOVE. KBK/RKB/GPE ATTACHMENT: PRELIMINARY PROJECT SKETCH COPY: CITY ATTORNEY CITY CLERK DIRECTOR OF FINANCE DIRECTOR OF PUBLIC WORKS ASSISTANT TO CITY MANAGER FOR COMMUNITY RELATIONS CITY ENGINEER TRAFFIC ENGINEER CONSTRUCTION COST TECHNICIAN BUDGET ADMINISTRATOR MANAGER, OFFICE OF SUPPLY MANAGEMENT COMMISSIONER OF REVENUE IIAL EXIST. R AVE. )n CHAINLINK I I VIRGINIA WESTERN COMMUNITY COLLEGE II II ESM~ FENCE S R/W PERMANENT EASEMENT ROANOKE CITY SCHOOLS NOT DISTURB EXIST. FENCE Z CHAINLINK FENCE EXIST. R/W,~ EP W COLONIAL AVE. ../ STD. If' X 22' <~-- TO-1 EP EXIST. R/W _o CONC. WALK CHAINLINK FENCE MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 August 7, 1997 SANDRA H. EAKIN Deputy City Clerk File #20-28-77-200-2'17-450-455-467-514 Henry J. Faison, President Faison Associates 1900 Interstate Tower 121 W. Trade Street Charlotte, North Carolina 28202-5399 Marsha W. Ellison, Chair Roanoke City School Board 2030 Knollwood Road, S. W. Roanoke, Virginia 24018 Dear Mr. Faison and Ms. Ellison: I am enclosing copy of Ordinance No. 33503-080497 authorizing execution of an agreement with Faison Realty Equities, Inc., Valley View Associates Limited Partnership, Hersch Associates Limited Partnership, and FCD-Shenandoah Limited Partnership providing for certain obligations concerning construction and dedication of the 1-581 Interchange at Valley View Boulevard - Phase I and Valley View Boulevard Extended; authorizing execution of an agreement with the Roanoke City School Board related to properties needed for road construction; and authorizing execution of appropriate documents by the proper City officials to provide for dedication of 10,880 sq. ft., more or less, of permanent right-of-way and 24,0~.~, sq. ft., more or less, of temporary construction easement to the Commonwealth of Virginia and/or VDOT for the 1-581 Interchange and dedication for street purposes of 26,554 sq. ft., more or less, of permanent right-of-way, and 12,052 sq. ft., more or less, of a 20-foot temporary construction easement for Valley View Boulevard Extended. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, July 21, 1997, also adopted by the Council on second reading on Monday, August 4, 1997, and will be in full force and effect ten days following the date of its second reading. Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA.gT~AUG.4 Henry J. Faison;-, President Marsha W. Ellison, Chair August 7, 1997 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Gary E. Tegencamp, Assistant City Attorney William F. Clark, Director, Public Works William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer John R. Marlles, Chief, Planning and Community Development Phillip F. Sparks, Chief, Economic Development Diane S. Akers, Budget Administrator, Office of Management and Budget Dolores C. Daniels, Assistant to the City Manager for Community Relations Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Cindy H. Ramsuer, Clerk, Roanoke City School Board H:~,GENOA.97~AUG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33503-080497. AN ORDINANCE authorizing the execution of an agreement with Faison Realty Equities, Inc., Valley View Associates Limited Partnership, Hersch Associates Limited Partnership, and FCD- Shenandoah Limited Partnership providing for certain obligations concerning the construction and dedication of the Io581 Interchange at Valley View Boulevard - Phase I and Valley View Boulevard Extended; authorizing the execution of an agreement with the Roanoke City School Board related to properties needed for road construction; and authorizing the execution of appropriate documents by the proper City officials to provide for the dedication of 10,880 sq. fL, more or less, of permanent right-of-way and 24,044 sq. t~., more or less, of temporary construction easement to the Commonwealth of Virginia and/or VDOT for the 1-581 Interchange and the dedication for street purposes of 26,554 sq. t~., more or less, of permanent right-of-way, and 12,052 sq. t~., more or less, of a 20-foot temporary construction easement for Valley View Boulevard Extended. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Faison Realty Equities, Inc., Valley View Associates Limited Partnership, Hersch Associates Limited Partnership, and FCD-Shenandoah Limited Partnership providing for certain obligations concerning the construction and dedication of the 1-581 Interchange at Valley View Boulevard - Phase I and Valley View Boulevard Extended, as more particularly described in the report of the City Manager to this Council dated July 21, 1997. The form of the agreement shall be approved by the City Attorney and be substantially similar to Attachment A to the City Manager's report. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with the Roanoke City School Board related to properties currently dedicated to School use needed for road construction, as more particularly described in the report of the City Manager to this Council dated July 21, 1997. The form of the agreement shall be approved by the City Attorney and be substantially similar to Attachment B to the City Manager's report. 3. To the extent the return of real property fi.om the School Board to the full control and dominion of the City as set forth in the agreement mentioned in item 2 above is governed by the Release of Real Property From Educational Uses Policy (Policy) previously adopted by Council on September 9, 1985, by Resolution No. 27788 and by the School Board on August 25, 1985, Council, pursuant to paragraph VI of the Policy, hereby waives any provisions of the Policy as they may relate to these properties and further accepts the return of these properties to the City. 4. The Mayor, the City Manager and other appropriate City officials are hereby authorized to execute the appropriate documents to provide for the dedication of 10,880 sq. ~., more or less, of permanent right-of-way fi-om a parcel identified by Tax Map No. 2250102 and 24,044 sq. ft., more or less, of temporary construction easement across a parcel identified by Tax Map No. 2250102 to the Commonwealth of Virginia and/or VDOT for the 1-581 Interchange and the dedication for street purposes of 26,554 sq. t~., more or less, of permanent right-of-way fi-om a parcel identified by Tax Map No. 2370101, and 12,052 sq. t~., more or less, of a 20-foot temporary construction easement across a parcel identified by Tax Map No. 2370101 for Valley View Boulevard Extended, 21, 1997. as more particularly described in the report of the City Manager to this Council dated July The form of the documents shall be approved by the City Attorney. ATTEST: City Clerk. Mary F. Parker, CMCIAAE C~y C~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 7, 1997 File #20-28-60-77-200-217-450-455-467-514 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33502-080497 amending and reordaining certain sections of the 1997-98 Capital Projects Fund Appropriations, providing for appropriation or transfer of funds in connection with construction and dedication of the 1-581 Interchange at Valley View - Phase I and Valley View Boulevard Extended. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, July 21, 1997, also adopted by the Council on second reading on Monday, August 4, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~GENDA.g?~uG.4 James D. Grisse Director of Finance August 7, 1997 Page 2 pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer John R. Marlles, Chief, Planning and Community Development Phillip F. Sparks, Chief, Economic Development Diane S. Akers, Budget Administrator, Office of Management and Budget Dolores C. Daniels, Assistant to the City Manager for Community Relations H:~AGENDA.gT~AUG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of August, 1997. No. 33502-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Streets and Bridges 1-581 Interchange (1-2) .................................... Capital Improvement Reserve Public Improvement Bonds - Series 1996 (3-4) ................. Fund Balance Reserved Fund Balance - Unappropriated (5) ................... 1) Appropriated from Bond Funds (008-052-9545-9001) 2) Appropriated from General Revenue (008-052-9545-9003) 3) Streets and Sidewalks (008-052-9701-9191) 4) Buildings (008-052-9701-9183) 5) Reserved Fund Balance - Unappropriated (008-3325) $ 6,618,000 1,350,000 (4,318,000) (2,300,000) (1,350,000) $ 22,574,255 7,968,000 $12,173,512 9,250,018 $ (1,350,000) ATTEST: City Clerk. July 21, 1997 Council Report No. 97-143 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Valley View Boulevard Extended and 1-581 Interchange Agreements with Developer & School Board and Dedication of Right-of-Way I. Background: Ao 1-581 Interchange improvements were endorsed by Roanoke City Council on March 18, 1996. Bo Virginia Department of Transportation (VDOT) has adopted a Six Year Improvement Program for Fiscal Years 1996-97 through 2001-2002 for interstate highways, which includes an improvement project in the City, known as 1-581 Interchange at Valley View Boulevard - Phase I. Federal Highway Administration notified the City on August 23, 1996, of its approval of the new interchange access. Do Roanoke City Council approved an agreement with Mattem & Craig, Inc., for design of the interchange and an agreement with VDOT for construction bidding and administration on December 16, 1996. II. Current Situation Faison Realty Equities, Inc., a North Carolina Corporation (FRE), has a contract of sale from the Watts heirs to purchase property near Valley View Mall for commercial development; a road connection, Valley View Boulevard Extended, from the proposed 1-581 Interchange at Valley View to existing Valley View Boulevard will cross the Watts property, among others. Bo Roanoke City Council approved rezoning of the Watts property for commercial development on April 21, 1997; proffers related to rezoning are connected with the proposed interchange and Valley View Boulevard Extended. Representatives of the City and Faison have negotiated an agreement dealing with the construction of the 1-581 Interchange and Valley View Boulevard Extended. Some of the major results of the agreement will include the following: Page 2 Do FRE will dedicate at no cost to the City all fights-of-way needed for the construction of the 1-581 Interchange on the former Watts property. City will pay VDOT to construct the 1-581 Interchange and have it available for public use byNovember 1, 1998; the City commits to approving a proper bid or contract by November 3, 1997, provided VDOT receives reasonable bids by October 10, 1997. The City and the developer will share in the cost of a bonus clause to encourage the contractor to try to have the interchange open to public use by October 1, 1998. The Interchange will ultimately be dedicated to VDOT for maintenance. FRE and related entities (developer) will construct at no cost to the City, Valley View Boulevard Extended from the proposed 1-581 Interchange to connect with existing Valley View Boulevard near Huff Lane School; the road will be designed and constructed to VDOT standards, with such features as four travel lanes, turning lanes, curb and gutter, traffic signals and landscaping; the road and its right-of-way will be conveyed to the City as a public street; Faison has an agreement with WalMart to cover that portion of Valley View Boulevard which will cross the WalMart property. The parties agree that FRE's obligation, rights, and privileges may be assigned to and assumed by FCD-Shenandoah Limited Partnership. Roanoke City School Board, at their meeting on Thursday, June 19, 1997, approved an agreement with the City for release of property at Round Hill and Huff Lane schools needed for right-of-way for the 1-581 Interchange and Valley View Boulevard Extended. The City will need to dedicate a small parcel at Round Hill School to VDOT for the interchange, and a parcel at Huff Lane School as public right-of-way for the extension of Valley View Boulevard. The agreement will provide in substantial part the following: The road curbing of the new Valley View Boulevard will be at least 59.4 feet from any part of the current Huff Lane School classroom building and the proposed right-of-way will be not less than 42.4 feet from that same building. The City will provide for a realignment of the intersection of Huff Lane at Vancouver Drive to improve the entrance to the school parking lot by August 25, 1998. The City will study the need for additional school warning signs or signals on Huff Lane and Vancouver Drive and erect any required signs or signals by August 31, 1998. Page 3 No construction adjacent to Huff Lane School property will occur prior to June 10, 1998, or such other date mutually agreed upon by the School Superintendent and City Manager. An 8-foot high solid masonry wall with appropriate landscaping will be constructed between Huff Lane School and Valley View Boulevard Extended. An 8-foot vinyl-coated chain link fence, with appropriate landscaping, will be constructed along the property line adjacent to the school's parking lot. These improvements will be completed by October 1, 1998. o o 10. 11. 12. Provisions for sound and dust control will be provided in contracts for both the 1-581 Interchange and Valley View Boulevard Extended. An 8-foot vinyl-coated chain link fence, with appropriate landscaping, will be provided adjacent to Round Hill School. The fence will be in place by August 31, 1998, and the landscaping by November 1, 1998. The City assures that all rights-of-way and landscaping will be maintained in a quality manner. The City will use its best efforts to ensure that any future overhead utility lines along Valley View Boulevard Extended adjoining Huff Lane School will be located so as to have the least possible effect on the instructional climate of the school. The City agrees to provide the school board with $1,350,000 to provide air conditioning and replacement of necessary windows at both schools and a bus loop and additional parking at Huff Lane School. If such cost exceeds this amount, the Superintendent and City Manager will develop a mutually agreed upon solution to fund the additional cost. The City also agrees that all other improvements mentioned above will be provided by direct or indirect funding from the City. The School Board will consent to and return to the City those portions of the properties at Huff Lane School and Round Hill School as shown on Attachments 1 and 2 of the Agreement between the City and the School Board. The City and the School Board will waive the Release of Real Property from Educational Use Policy (Policy) previously adopted by Council on September 9, 1985, and by the School Board on August 27, 1985, pursuant to Paragraph VI of the Policy, to the extent such Policy may apply to this matter. Page 4 III. Issues: A. Project Implementation B. Cost and Funding C. Schedule D. Traffic Impact E. Economic Development F. Impact on Adjoining Properties IV. Alternatives: A. City Council authorize: The City Manager or the Assistant City Manager and the City Clerk to execute an agreement substantially similar to Attachment A, approved as to form by the City Attorney, with Faison Realty Equities, Inc., Valley View Associates Limited Partnership, Hersch Associates Limited Parmership, and FCD-Shenandoah Limited Partnership providing for certain obligations conceming the construction and dedication of the 1-581 Interchange at Valley View Boulevard - Phase I and Valley View Boulevard Extended. The City Manager or the Assistant City Manager and the City Clerk to execute an agreement, substantially similar to Attachment B, approved as to form by the City Attorney, with the Roanoke City School Board, related to properties needed for road construction. o The Mayor, City Manager, and other appropriate City officials to sign appropriate documents to provide for the dedication of 10,880 sq. fi., more of less, of permanent right-of-way and 24,044 sq. ft., more or less, of temporary construction easement to the Commonwealth of Virginia and/or VDOT for the 1-581 Interchange, as shown on Attachment 2 of the Agreement with the School Board; and also the dedication for street purposes of 26,554 sq. ft., more or less, of permanent right-of-way, and 12,052 sq. fi., more or less, of a 20-foot temporary construction easement for Valley View Boulevard Extended as shown on Attachment 1 of the Agreement with the School Board. a. Project implementation will continue as a public/private partnership. bo Cost and funding - Rights-of-way for the interchange and Valley View Boulevard will be dedicated by the City and developer. The Page 5 private developer will construct Valley View Boulevard Extended. City funds to construct the interchange and provide improvements to HuffLane and Round Hill Schools needs to be approved as follows: $1,350,000 from undesignated Capital Funds to be appropriated to a Capital Projects Fund Account entitled "Huff Lane School Improvements." $4,400,000 from 1996 Public Improvement Bonds to be transferred from Account No. 008-052-9701-9191 to 1-581 Interchange Account No. 008-052-9545-9001 ($600,000 in bond funds was previously appropriated). $2,300,000 is available from bond funds issued for the City Jail expansion which were subsequently replaced by State Grant Funds. This amount needs to be transferred from 1996 Public Improvement Bonds Account No. 008-052-9701-9183 to 1-581 Interchange Account No. 008-052-9545-9001. Co Schedule - It is anticipated that a contract for the interchange will be awarded by November 3, 1997, and the road and interchange open to the public use by November 1, 1998. do Traffic impact should be positive on Hershberger Road and present roads serving Valley View Mall. Sixty percent (60%) of the shoppers at Valley View travel from the south on 1-581. The new partial interchange is specifically designed to serve that traffic. eo Economic development will be positive as approximately 50 acres of vacant property east of 1-581 and south of Valley View Mall will be open to new commercial development. Impact on adjoining properties is being carefully planned into the design of the proposed 1-581 Interchange, Valley View Boulevard Extended, and new commercial development. Extensive landscaping, buffer strips, visual and sound barriers are being included to mitigate any negative environmental concerns. City Council not authorize: The City Manager or the Assistant City Manager and the City Clerk to execute an agreement substantially similar to Attachment A, approved as to form by the City Attomey, with Faison Realty Equities, Inc., Valley View Associates Limited Partnership, Hersch Associates Limited Partnership, and FCD-Shenandoah Limited Partnership providing for certain obligations Page 6 concerning the construction and dedication of the 1-581 Interchange at Valley View Boulevard - Phase I and Valley View Boulevard Extended. The City Manager or the Assistant City Manager and the City Clerk to execute an agreement, substantially similar to Attachment B, approved as to form by the City Attorney, with the Roanoke City School Board, related to properties needed for road construction. The Mayor, City Manager, and other appropriate City officials to sign appropriate documents to provide for the dedication of 10,880 sq. fi., more of less, of permanent right-of-way and 24,044 sq. fi., more or less, of temporary construction easement to the Commonwealth of Virginia and/or VDOT for the 1-581 Interchange, as shown on Attachment 2 of the Agreement with the School Board; and also the dedication for street purposes of 26,554 sq. fi., more or less, of permanent right-of-way, and 12,052 sq. ft., more or less, of a 20-foot temporary construction easement for Valley View Boulevard Extended as shown on Attachment 1 of the Agreement with the School Board. ao Project implementation will become questionable. The City has authorization to construct the interchange but there would be no provision for needed connecting roads. Cost and funding would need to be re-evaluated completely. The City has not anticipated needing to purchase right-of-way for the interchange nor construct Valley View Boulevard Extended. Co Schedule would be negatively impacted without the proposed public/private partnership. It is uncertain when the facilities would be open to public use. d° Traffic impact would be negative as increased numbers of shoppers try to use existing roads for ingress and egress to Valley View Mall. Economic development will be negatively impacted as new commercial development will not occur on the vacant property near Valley View Mall without improved access. Impact on adjoining properties will be moot at this time but will ultimately need to be addressed in connection with development near Valley View Mall. Recommendation: City Council approve Alternative "A" thus authorizing the following: The City Manager or the Assistant City Manager and the City Clerk to execute an agreement substantially similar to Attachment A, approved as to form by the City Page 7 Attorney, with Faison Realty Equities, Inc., Valley View Associates Limited Partnership, Hersch Associates Limited Partnership, and FCD-Shenandoah Limited Partnership providing for certain obligations concerning the construction and dedication of the 1-581 Interchange at Valley View - Phase I and Valley View Boulevard Extended. Bo The City Manager or the Assistant City Manager and the City Clerk to execute an agreement, substantially similar to Attachment B, approved as to form by the City Attomey, with the Roanoke City School Board, related to properties needed for road construction. The Mayor, City Manager, and other appropriate City officials to sign appropriate documents to provide for the dedication of 10,880 sq. fi., more or less, of permanent right-of-way and 24,044 sq. ft., more or less, of temporary construction easement to the Commonwealth of Virginia and/or VDOT for the 1-581 Interchange, as shown on Attachment 2 of the Agreement with the School Board; and also the dedication for street purposes of 26,554 sq. fi., more or less, of permanent right-of-way, and 12,052 sq. ft., more or less, of a 20-foot temporary construction easement for Valley View Boulevard Extended as shown on Attachment 1 of the Agreement with the School Board. D. Appropriate or transfer the following funding for this project: Appropriate $1,350,000 from undesignated Capital Funds to a new Capital Projects Fund account entitled "Huff Lane School Improvements." Transfer a total of $6,700,000 from 1996 Public Improvement Bonds Account ($4,400,000 from 008-052-9701-9191 and $2,300,000 from 008-052-9701-9183) to 1-581 Interchange Account No. 008-052-9545-9001. Respectfully, ert Herbert ager WRH:WFC:pr Attachments cc: Wilbum C. Dibling, Jr., City Attomey Gary E. Tegenkamp, Assistant City Attorney James D. Grisso, Director of Finance James D. Ritchie, Assistant City Manager William F. Clark, Director of Public Works Phillip F. Sparks, Chief of Economic Development John R. Marlles, Chief of Planning & Community Development Robert K. Bengtson, Traffic Engineer DEVELOPMENT AND DEDICATION AGREEMENT THIS DEVELOPMENT AND DEDICATION AGREEMENT ("Agreement") is dated this day of , 1997, by and between CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ("City"); FAISON REALTY EQUITIES, INC., a North Carolina Corporation ("PRE"); VALLEY VIEW ASSOCIATES LIMITED PARTNERSHIP, a North Carolina limited partnership ("Valley View"); HERSCH ASSOCIATES LIMITED PARTNERSHIP, a North Carolina limited partnership ("Hersch"); and FCD-SHENANDOAH LIMITED PARTNERSHIP, a North Carolina Limited Partnership ("Shenandoah"). W I T N E S S E T H: WHEREAS, the City and the Virginia Department of Transportation ("VDOT") have entered into an agreement for the development, administration, and construction of a new interchange on 1-581 (the "New Interchange") to serve the Valley View shopping area and relieve traffic congestion on Hershberger Road and at the 1-581 and Hershberger Road Interchange (the "Existing Interchange"); and WHEREAS, in order to make the New Interchange useful and beneficial to the businesses and customers in the Valley View shopping area and the general public an extension of Valley View Boulevard from its current terminus at Valley View Mall to the New Interchange in the general location shown on the map attached hereto as Exhibit A ("VV Boulevard Extended") is necessary; and WHEREAS, it is anticipated that the right-of-way for VV Boulevard Extended will cross (a) Fringe Parcel 7E, owned by Hersch (the "Hersch Property"), containing 1.494 acres, and shown on map (the "Map") recorded in Map Book 1 at Page 336 in the Office of the Clerk of Circuit Court for the City of Roanoke (the "Clerk's Office"), a .996 acre portion of which is ground leased by Hersch to Tire America, Inc., a Delaware corporation, by ground lease dated May 20, 1986, a memorandum of which is recorded in Deed Book 1690 at Page 671 in the Clerk's Office (Tire America, Inc. merged into "Western Auto Supply Company" on January 28, 1987) (the "Western Auto Lease"), (b) the Huff Lane School property acquired by the City by deed recorded in Deed Book 805 at Page 138 in the Clerk's Office ("Huff Lane School Property") and dedicated to school use for the benefit of the City of Roanoke School Board, a political subdivision of the Commonwealth of Virginia, (c) a portion of Developer's Reserved Parcels 2 and 4 (the "Valley View Property") as shown on the Map acquired by Noro-Valley View Associates, Ltd., a Georgia limited partnership (d/b/a in Virginia as Noro Valley View Associates Limited Partnership and hereafter called "Noro") from Valley View by deed recorded in Deed Book 1582 at Page 184 in the Clerk's M#384868 Office and leased back to Valley View by Ground Lease Agreement dated May 24, 1988, a memorandum of which is recorded in Deed Book 1582 at Page 195 in the Clerk's Office, (d) a twenty-five (25) acre tract of land acquired by Wal-Mart Stores, Inc. ("Wal Mart"), a Delaware corporation, from the Huff heirs by deed recorded in Book 1714 at Page 1072 in the Clerk's Office ("Wal- Mart Tract"), and (e) a tract of land containing 71.13 acres, located 41.74 acres east of 1-581 and 31.39 acres west of 1-581, owned by the Watts heirs and subject to a contract of sale from the Watts heirs, as Seller, to FRE, as Purchaser ("FRE Property"); and WHEREAS, the parties anticipate Shenandoah will assume all of the obligations, rights and privileges of FRE and stand in the place and stead of FRE under this Agreement upon the conveyance of the FRE Property to Shenandoah; and WHEREAS, Wal-Mart entered into a Supplemental Roadway and Easement Agreement with Valley View and Noro dated November 22, 1994 and recorded in Deed Book 1733 at Page 1947 in the Clerk's Office ("Supplemental Agreement"), which provides in Paragraph 2(c) as follows: "(c) It is contemplated that a new road to be called "Valley View Boulevard Extended," will be built from Valley View Boulevard, across the property of the City of Roanoke, Virginia and/or Valley View, Wal-Mart, and the property east of the Wal-Mart property (i.e., the "Watts Property") to a contemplated compressed diamond interchange on U.S. Highway 581. If Valley View Boulevard Extended is constructed as contemplated and described above to the northwesterly boundary of the Wal-Mart Property, Wal-Mart agrees to dedicate the required right-of-way for the portion of Valley View Boulevard Extended crossing the Wal-Mart Property and to construct at its expense the portion of Valley View Boulevard Extended crossing its property;" and WHEREAS, FRE, Valley View and Hersch (each having some common ownership and hereafter jointly referred to as "Faison") have offered to cause VV Boulevard Extended to be designed, developed, constructed and dedicated to the City at no cost provided (a) the FRE Property has been rezoned to C-2; (b) any required right-of-way and buffer therefor on the Huff Lane School Property is made available by the School Board, in its sole discretion, and/or by the City for such use; and (c) the City will use its best efforts to see that the New Interchange is designed, developed, constructed and open to public use on or before November 1, 1998; and WHEREAS, the City acknowledges that its entry into this Agreement is for the purposes of providing for the general M~384868 2 health, safety, welfare and convenience of the public, by providing a solution for current and future public access, traffic and safety considerations in the vicinity of the Roanoke Regional Airport, the Town Square Shopping Center, Valley View Mall and surrounding areas. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: 1. City Obliqation. The City will obtain from all necessary State and Federal agencies authorization for the New Interchange connecting 1-581 to VV Boulevard Extended near the common property lines of 1-581, the FRE Property and the Round Hill School Property as is generally shown on that certain conceptual site plan prepared for Faison, a copy of which is attached hereto as Exhibit B (the "Conceptual Plan") and, upon release of the Huff Lane School Property and Round Hill School Property by the School Board, will dedicate the former Round Hill School Property for right-of-way for the New Interchange and the former Huff Lane School Property for street use for VV Boulevard Extended. The City agrees to have approved or consented to, no later than November 3, 1997, a bid for a contract to be awarded by VDOT for the construction of the New Interchange, provided VDOT has received reasonable and proper bids for such construction by October 10, 1997, and on or before September 1, 1997, the FRE Property is rezoned to C-2, FRE or its assign has acquired the FRE Property, agreed to dedicate the right-of-way for VV Boulevard Extended under its control to the City, and agreed to dedicate or has dedicated the right-of- way required for the New Interchange. 2. Wal-Mart Obliqation. In accordance with the terms of paragraph 2(c) (quoted above) of the Supplemental Agreement, Wal-Mart has agreed with Valley View and Noro to dedicate to the City the portion of the VV Boulevard Extended located on the Wal-Mart Property and construct at Wal-Mart's expense and at no cost to the City that portion of W Boulevard located on the Wal-Mart Property. Valley View agrees to use its best efforts to cause Wal-Mart to comply with the aforesaid obligations. 3. Hersch Obliqation. Hersch agrees to dedicate to the City the portion of the right-of-way of VV Boulevard Extended and any required landscaped buffer to be located on the Hersch Property provided it can obtain a release of that right-of-way and buffer from the Western Auto Lease. M#384868 3 4. Val%ey View Obliqations. (a) Valley View agrees to cause to be constructed and dedicated the portion of VV Boulevard Extended located on the Valley View Property and to construct at its expense the portion of VV Boulevard Extended located on the Hersch Property, the Valley View Property, and the Huff Lane School Property, and install at its expense the required landscaping adjacent thereto, all in accordance with plans and specifications approved by the City, Valley View and, if required, VDOT. In addition, Valley View agrees to exchange land located on Devel~er Reserved Parcel 4 (as shown on the Map) between Valley View Boulevard and the Huff Lane School Property for any portion of the right-of-way for Valley View Boulevard Extended and required landscaped buffer located on the Huff Lane School Property. (b) The construction and landscaping by Valley View adjacent to the Huff Lane School Property shall be in compliance with and shall include, but not be limited to, the items referenced in Sections 1, 4, 5 and 6(B) of the, 1997, Agreement between the City of Roanoke and the Roanoke City School Board, a copy of which is attached hereto as Exhibit C. 5. FRE Obligations. FRE agrees to do the following: (a) Construct and dedicate to the City at FRE's cost and expense the portion of VV Boulevard Extended and any required landscaped buffer to be located on the FRE Property east of 1-581, all in accordance with plans and specifications agreed to by City, Faison and VDOT; (b) Dedicate to the City and/or VDOT, at no cost or expense to the VDOT or the City, the property located on the FRE Property outside of the 1-581 right-of-way necessary for the construction of the New Interchange ("New Interchange Land"), provided (i) the design of the New Interchange is consistent with the drawing attached hereto as Exhibit B, and (ii) Faison has acquired the FRE Property following rezoning of that land to a C-2 zoning classification, and (iii) all the land to be dedicated is located on the-FRE Property. 6. Grant of Riqht of Entry to City and VDOT. Faison hereby grants to the City, VDOT, their employees, agents, consultants and contractors a right of entry onto any property owned or leased by Faison and proposed to be included in VV Boulevard Extended or the New Interchange for the purposes of conducting surveys, inspections, appraisals, and environmental site assessments the City or VDOT may require in connection with M#384868 4 the New Interchange and VV Boulevard Extended, subject to the limitation that any entry onto the Wal-Mart Property or the portion of the Hersch Property leased to Western Auto will require approval of those entities. In consideration of the aforesaid grant, the City agrees to be responsible for any damage caused by the City in the exercise of this right of entry. 7. Cooperation. The City and Faison agree to cooperate with each other in the City's undertaking to design, develop, and construct the New Interchange and Faison's undertaking to design, develop and cause to be constructed V V Boulevard Extended from or near the existing southeasterly terminus of Valley View Boulevard to the New Interchange. Further, both Faison and the City agree to use their best efforts to minimize any delays which might be caused by failure to expedite inspections, approvals, etc. and to complete, dedicate, and open the New Interchange and W Boulevard Extended by November 1, 1998. Each party further agrees to cooperate with the other parties in executing any documents necessary to carry out the intent and purpose of this Agreement. 8. Dedication of VV Boulevard. (a) Faison agrees to cause the right-of-way of VV Boulevard Extended and any required buffer areas adjacent thereto to be dedicated to the City. Although it is contemplated that VV Boulevard Extended will be available for private use by Faison, its contractors and successors in interest, Faison agrees that VV Boulevard Extended will not be open and available for public use prior to the time the New Interchange is open and available for public use or October 1, 1998, whichever first occurs. The City understands that as a precondition to the dedication of VV Boulevard Extended FRE must acquire the FRE Property at a substantial cost, that VV Boulevard Extended is the only access to the FRE Property, and that Faison has incurred in excess of $200,000.00 to date in the planning and approval of Valley View Boulevard Extended and the New Interchange. (b) If the City chooses to provide a monetary incentive to the contractor constructing the New Interchange of up to $1,500 per day for each day prior to November 1, 1998, that the New Interchange is completed and open to the public, Faison agrees to contribute up to 50% of the amount of such monetary incentive for a period not to exceed 31 days and an amount not to exceed $23,250. 9. General Parameters of VV Boulevard Extended Desiqn. VV Boulevard Extended will be built in accordance with VDOT and City requirements for a four-lane paved road, with appropriate turn lanes, landscaped median, curb and gutter, M#384868 5 signalized intersections, all as shown on plans to be prepared by Mattern & Craig and approved by the City and VDOT. 10. City as Third Party Beneficiary. Faison agrees that in any contracts it may enter into, or cause to be entered into, in connection with the design, development, and construction of VV Boulevard Extended it will note and incorporate in those contracts the fact that the roadway is intended to be dedicated to the City and will contingently assign to the City any and all rights that Faison may have against any architects, engineers, contractors, or others that may be involved in the design, development, and construction of the road extension together with any warranties or guarantees that may be provided by any such entities to Faison and to note in any such contracts that the City is an intended third party beneficiary of such contract. However, any liabilities or obligations under any such contracts will remain with Faison and shall not be the responsibility of the City in any way. 11. Insurance. Faison will have, or cause the City, its officers, agents, and employees to be named as additional insureds on any insurance required by Faison, or any other entity involved in the construction of W Boulevard Extended, from any architects, engineers, general contractors, or other entities involved in the design, development, or construction of VV Boulevard Extended. 12. Compliance with Law. Faison agrees that it will comply with all applicable federal, state, and local laws, ordinances, and regulations in the construction of VV Boulevard Extended. 13. Bindinq Law. By virtue of entering into this Agreement, Faison agrees and submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia or any applicable federal laws and that all claims, disputes, and other matters shall be decided by such court according to the laws of the Commonwealth of Virginia or any applicable federal laws. 14. Waiver. Any particular waiver by the City or Faison of any covenant or condition of this Agreement or breach thereof by the other shall extend to the particular instance only and in the manner specified, and shall not be construed as applying to or in any manner as waiving by the City or Faison of any covenants, M#384868 6 conditions, or other breaches thereof by the other, or rights of the City or Faison under the Agreement. 15. Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Agreement, or its application to any person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. 16. Transfer or Assiqnment. Except as hereinafter provided Faison shall not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either voluntarily or by force or involuntary sale, or ordinary sale, consolidation, or otherwise any of the duties, obligations, rights or privileges provided for by this Agreement without the prior consent of the City Council, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, in the event the FRE Property is conveyed to Shenandoah, Shenandoah hereby agrees to and does assume all of the duties, obligations, rights and privileges of FRE under this Agreement and FRE shall be automatically released from all duties, obligations, rights and privileges under this Agreement. 17. Execution. This Agreement may be executed in multiple originals, any one of which may be deemed the original. This Agreement shall be binding on the City, Faison, and their successors and assigns, it being agreed that third party purchasers of land adjacent to VV Boulevard Extended will not be considered successors or assigns of Faison. 18. Recordinq. Any party to this Agreement may have this Agreement placed on record with the Clerk of the Circuit Court for the City of Roanoke. 19. Force Majeure. If any party is unable, in whole or part, to perform its commitments under this Agreement by reason of force majeure, as defined below, then that party shall not be deemed in default of its obligations under this Agreement and any deadlines for the performance of its obligations shall be extended for a time equal to the time period of the force majeure event, plus ten days, provided written notice of the force majeure event is given to the other party within ten (10) days after the date the force majeure event occurs. If the time period between the force majeure event and the date of notice is M#384868 7 more than ten (10) days, the force majeure event shall be deemed to have occurred ten (10) days prior to such notice. The term "force majeure" as used herein shall include, without limitation, acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders, rulings or directives of any kind of the government of the United States of America or the Commonwealth of Virginia or any political subdivision thereof or any of their departments, agencies or officials, or any civil or military authority; insurrections; riots; epidemics; acts of third parties, contractors or subcontractors; landslides; lightning; earthquakes; fire; hurricanes; tornadoes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; breakage or accident to machinery or transmission pipes; partial or entire failure of utilities; or any cause or event not reasonably within the control of that party. 20. Notice. Any notice required or permitted to be given to a party in a provision of this Agreement shall be deemed given if hand delivered, mailed by certified or registered mail, postage prepaid, or overnight courier service with proof of proper delivery to the parties as follows: To Faison: Coy Shields Faison Associates 1900 Interstate Tower 121 W. Trade Street Charlotte, NC 28202-5399 With Copy to: Gibson L. Smith, Jr., Esq. Robinson Bradshaw & Hinson, PA 101 N. Tryon St., Suite 1900 Charlotte, NC 28246-1900 James F. Douthat, Esq. WOODS, ROGERS & HAZLEGROVE, P.L.C. Dominion Tower, Suite 1400 10 South Jefferson Street P.O. Box 14125 Roanoke, VA 24038-4125 To City of Roanoke: W. Robert Herbert, City Manager City of Roanoke 364 Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 With Copy to: William F. Clark Director of Public Works City of Roanoke 354 Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 M#384868 8 Wilburn C. Dibling, Jr., Esq. City Attorney's Office 464 Municipal Building · 215 Church Avenue, S.W. Roanoke, VA 24011 21. Entire Aqreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements between the parties. No amendment to this Agreement will be valid'~Rless made in writing and signed by the appropriate parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year hereinabove written. [CORPORATE SEAL] CITY OF ROANOKE, VIRGINIA, a municipal corporation Attest: By: City Manager City Clerk COMMONWEALTH OF VIRGINIA COUNTY (OR CITY) OF I, , a Notary Public in and for the State and County (or City) aforesaid, do certify that , whose name, as City Manager of the CITY OF ROANOKE, VIRGINIA, is signed to the writing above, bearing date of the day of , 1997, has acknowledged the same before me in my County (or City) aforesaid. Given under my hand and official seal this · 1997. day of My term of office expires on Notary Public [NOTARIAL SEAL] M#384868 9 [CORPORATE SEAL] FAISON REALTY EQUITIES, INC., a North Carolina corporation Attest: By: President Secretary STATE OF COUNTY (OR CITY) OF I, a Notary Public in and for the State and County (or City) aforesaid, do certify that whose name, as President of FAISON REALTY EQUITIES, INC. is signed to the writing above, bearing date of the day of , 19 , has acknowledged the same before me in my County (or City) aforesaid. Given under my hand and official seal this , 19 day of My term of office expires on [NOTARIAL SEAL] Notary Public M#384868 10 VALLEY VIEW ASSOCIATES LIMITED PARTNERSHIP, a North Carolina limited partnership By: HERSCH ASSOCIATES LIMITED PARTNERSHIP, a North Carolina limited partnership, its sole General Partner By: (SEAL) Henry J. Faison General Partner STATE OF COUNTY (OR CITY) OF I, , a Notary Public for the County (or City) aforesaid, in the State of do certify that Henry j. Faison, general partner of Hersch Associates Limited Partnership, general partner of VALLEY VIEW ASSOCIATES LIMITED PARTNERSHIP, and whose name is signed to the writing above (or hereto annexed) , bearing date of the day of , 1997, has acknowledged the same on behalf of said p~eg~-~i~ ~-~fore me in my County (or City) aforesaid. Given under my hand and official seal this , 1997. day of My term of office expires on [NOTARIAL SEAL] Notary Public M#384868 11 HERSCH ASSOCIATES LIMITED PARTNERSHIP, a North Carolina limited partnershig, its sole General Partner By: (SEAL) Henry J. Faison General Partner STATE OF COUNTY (OR CITY) OF I, , a Notary Public for the County (or City) aforesaid, in the State of do certify that Henry J. Faison, general partner of HERSCH ASSOCIATES LIMITED PARTNERSHIP, and whose name is signed to the writing above (or hereto annexed), bearing date of the day of , 1997, has acknowledged the same on behalf of said partnership before me in my County (or City) aforesaid. Given under my hand and official seal this , 1997. day of My term of office expires on [NOTARIAL SEAL] Notary Public M#384868 12 FCD-SHENANDOAH LIMITED PARTNERSHIP, a North Carolina limited partnership, By: FCD-1997 G.P., Inc., a North Carolina Corporation, its sole General Partner By: Its: President Attest: Secretary STATE OF COUNTY (OR CITY) OF I, , a Notary Public for the County (or City) aforesaid, in the State of do certify that President of FCD-1997 G.P., Inc., general partner of FCD-Shenandoah Limited Partnership, whose name is signed to the writing above (or hereto annexed) , bearing date of the day of , 1997, has acknowledged the same on behalf of said corporation before me in my County (or City) aforesaid. Given under my hand and official seal this , 1997. day of My term of office expires on [NOTARIAL SEAL] Notary Public M#38486S 13 LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Map showing location of VV Boulevard Extended Conceptual Plan and New Interchange Design Drawing Agreement dated , 1997 between the City of Roanoke And the Roanoke City School Board M#384868 14 ATTACHMENT "B" AGREEMENT This Agreement is dated Virginia, a Municipal Corporation , 1997, by and between City of Roanoke, organized and existing under the laws of the Commonwealth of Virginia (City), and the Roanoke City School Board, a political subdivision of the Commonwealth of Virginia (Board). WHEREAS, the City has determined that certain portions of property located at Huff Lane Micro Village Magnet School (Huff Lane School) and at Round Hill Primary School (Round Hill School) and identified on plans attached hereto as attachment 1 (Exhibit dated June 2, 1997) and attachment 2 (plat dated May 20, 1997, and identified as plan no. 6353-A) are required for road development and improvement; and WHEREAS, the Board has determined that the portions of the properties mentioned above will no longer be needed for educational purposes and can be returned to the full control and dominion of the City if the City will agree to provide certain funding and take certain measures to enhance the learning environment at Huff Lane School and Round Hill School and to protect the health, safety, and welfare of the children at those schools; and WHEREAS, the City has agreed to provide certain funding and take certain measures to enhance the learning environment and the safety at Huff Lane School and Round Hill School. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section 1. Distance of Road Extension from Huff lane School. The road curbing of the new Valley View Boulevard Extended (road extension) will be at least 59.4 feet from any part of the current Huff Lane School classroom building. Furthermore, no portion of the Huff Lane School property being undedicated and to be used as public right-of-way by the City will be less than 42.4 feet from the current Huff Lane School classroom building. However, the one story ..brick extension building (not currently being used as a classroom) closest to the road extension will be closer to the road extension and the undedicated property, as shown on attachment 1. The Board, at its discretion, will determine the future disposition and use of the brick extension building. Also, the Board agrees to allow and will concur in allowing the area shown as a twenty (20) foot temporary construction easement on attachment 1 to be used by the City or other entities during the construction of the road extension and related_ improvements.._ The posted speed limit on the road extension located on that portion of the Huff_ Lane School property being undedicated and used as public right-of-way shall not exceed 30 miles per hour. S~ion 2. Entrance to Huff Lane School. , The City will provide for the realignment of the Huff Lane School entrance with the intersection of Huff Lane N.W. and Vancouver Drive to improve .visibility and vehicular access to the Huff Lane School property, and the.. Board agrees to cooperate with the City in any such realignment process. Construction of such improvements will be 2 completed by August 25, 1998 or some other date mutually agreed upon by the Superintendent of Schools (Superintendent) and the City Manager. Section 3. Additional Si~,ns. After the preliminary design of the Huff Lane School entrance described in Section 2 above is complete, the City's Traffic Engineer will conduct a study to determine the type of school warning signs and/Or signals along Huff Lane N.W. and Vancouver Drive. The signs or signals that are required as a result of the study will be installed by the City at its expense prior to the start of the 1998-99 school year on August 31, 1998. Section 4. Timing of Construction Adjacent to Huff Lane School, To avoid disruption in the instructional climate of Huff Lane School, construction of the road extension and improvements on the property being undedicated adjacent to Huff Lane School will occur after June 10, 1998, (the close of the 1997-98 school year) or in some other time frame that is mutually agreed upon between the Superintendent and the City Manager. All construction work will be substantially completed by October 1, 1998, at which time the temporary construction easement will terminate. ~ Buffer Wall for Huff lane School. A buffer wall eight (8) feet in height of solid masonry construction with appropriate landscaping will be provided between Huff Lane School and the road extension. The buffer wall shall extend for the entire length of the easterly boundary of the property being released by the Board as shown on attachment 1. The bottom four (4) feet of the wall will be reinforced so as to try to prevent vehicles from crashing through the wall. 3 Furthermore, the buffer wall will be connected to an eight (8) foot vinyl-mated chain link fence along the berm adjacent to the Huff Lane School's existing parking lot. The top of the berm will contain evergreen landscaping along the buffer wall. trees and other landscaping that compliments the The final design of the buffer wall, fence, berm, and landscaping will be subject to approval by the Superintendent, such approval not to be unreasonably withheld. These improvements will be completed by October 1, 1998. Section 6. Sound and Dust Control for Construction. (A) The new 1-581 Interchange adjacent to Round Hill School will be constructed, at City expense by the Virginia Department of Transportation's (VDOT's) contractor, Said construction shall be substantially completed by November 1, 1998, at which time the. temporary construction easement shall terminate. The City will have VDOT include, sound and dust control measures meeting VDOT standards in its contract with its contractor to protect the instructional climate of Round Hill School. The City will designate a liaison between the Round Hill School principal, the City, VDOT, and the VDOT contractor to respond to any construction i~ues referred to the City by the Round Hill School principal. (B). If requested by the Superintendent, the City will use its best efforts to provide that similar sound and dust control rneasur~ be taken for construction on the property being undedicated at Huff Lane School. Section 7. Fence Barrier for Round Hill School. The City will provide for an eight (8) foot vinyl-coated chain link fence to be constructed along the property line adjacent to the Round Hill School property and the new 1-581 Interchange exit ramp and access road. A double row of white pines or other coniferous trees, with a minimum height of 8 feet, will be planted along the chain link fence as a landscape buffer. The final design of the landscaping will be subject to approval by the Superintendent,. such approval not to be unreasonably withheld. The fence barrier shall be in place by August 31, 1998. The landscaping shall be in place no later than November 1, 1998. Section 8. Tem_norary Construction Easement at Round Hill School. The Board agrees to consent to and Will concur in allowing the area shown as a 42.65 foot temporary construction easement on attachment 2, on the Round Hill School property, to be used by the City, VDOT, VDOT's contractor, or other entities during the construction of the new 1-581 Interchange, the road extension, and related improvements. Section 9' Maintenance of Ri~ts-0f-Wav and Adjacent L_a~ndscanin~. All City street rights-of-way adjacent to either Huff Lane School or Round Hill School, including any buffer wall, berm, fencing, and landscaping in such fights-of-way, will be maintained by the City in a quality manner appropriate for the high standards to which the project is being designed and constructed. This will include regular mowing as well as regular replacement of landscape plantings on an as-needed basis. However, the 5 portion of Round Hill School property being undedicated as shown on attachment 2 will ultimately be dedicated to VDOT for part of the new 1-581 Interchange project and that area will be maintained by VDOT in accordance with VDOT standards. Section 10. Easements. The City has no known need at this time for any additional easements over the remaining properties of Huff Lane School and Round Hill School. Furthermore, as to the construction of public utilities in the public right-of-way adjacent to Huff Lane School, the City will use its best efforts to assure that any above ground public utilities will be located so as to have the least possible effect on the instructional climate of that School. The City also agrees that the Superintendent, for and on behalf of the Board, will have the right to approve any plats executed by the City as owner and dedicating any of the former Huff Lane School property as a right-of-way to the public, which approval will not be unreasonably withheld by the Superintendent. (A) Since the buildings at Huff Lane School and Round Hill School will need certain improvements to enhance the learning environment and safety at those schools in light of the road extension and the construction of the new 1-581 Interchange, the City will timely provide the Board with funds for improvements deemed necessary in the discretion of the Board, but limited to central air conditioning and replacement of necessary windows at both schools and adding a bus loop and additional parking at Huff Lane School, such funds not to exceed the total amount of $1,350,000. However, the cost of these 6 improvements shall be subject to the approval of the City Manager, such approval not to be unreasonably withheld. If the total project cost for these improvements exceeds $1,350,000 the Superintendent and City Manager will develop a mutually agreed solution to fund the additional cost. (B) Except as set forth in this Section 11 and in Section 12, the Board will not be responsible for funding the items (such as, but not limited to the buffer wall, fencing, landscaping, etc.) set forth in this Agreement, and the City will provide the funding, directly or indirectly. Section 12. Undedieation of School Pro_nerty. In view of the City's undertaking to provide funding and certain measures to enhance the learning environment and safety at Huff Lane School and Round Hill School as mentioned in this Agreement, the Board agrees to take appropriate and necessary action to consent to and return the portions of the properties identified on attachment 1 as surplus property at Huff Lane School and on attachment 2 as permanent street right-of-way and limited access line at Round Hill School to the full control and dominion of the City and declare that such property is no longer needed for educational purposes. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect:' 7 Section 14. ~ Each party agrees to cooperate with the other party in executing any documents or taking any further action that may be necessary to carry out the i3~ent and purpose of this Agreement. Section 15, Captions and Heading. The section captions and headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. ~ Waiver. Each party agrees that either party's waiver or failure to enforce or require performance of any term or condition of this Agreement or any waiver of any particular breach of this Agreement by a party extends to that instance only. Such w~itver or failure is not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any other breaches of the Agreement by a party and does not bar the nondefaulting party from requiring the defaulting party to comply with all the terms and conditions of the Agreement and does not bar the nondefaulting party from asserting any and all rights and/or remedies the nondefaulting party has or might have against the defaulting party under this Agreement or by law. 8 Section 17. Binding Effect. The terms, conditions, provisions, and undertakings of this Agreement shall be binding upon and inure to the benefit to each of the parties hereto and their respective successors and assigns. ~ Waiver of Policy. To the extent that the Board's release of property to the full control and dominion of the City is governed by the Release of Real Property from Educational Uses Policy (Policy) previously adopted by Roanoke City Council on September 9, 198:5, and by the Board on August 27, 198:5, the Board and the City, pursuant to paragraph VI of the Policy, hereby waive any provisions of the Policy as they relate to the properties referred to in this Agreement. If either party is unable, in whole or in parl, to perform its commitments under this Agreement by reason of force majeure, as defined below, then that party shall not be deemed in default of its obligations under this Agreement and any deadlines for the performance of its obligations shall be extended for a time period equal to the time period of the force majeure event, plus ten days. The term ' force majeure" as used herein shall mean any cause or event not reasonably within the control of that party, such as acts of God, strikes, lockouts, acts of third parties, etc. This Agreement may be executed in duplicate, either one of which may be deemed the original. Section 21. Entire Agreemell~, This Agreement constitutes the entire Agreement and understanding of the parties and supersedes all prior agreements between the parties. No amendment to this Agreement will be valid unless made in writing and signed by the appropriate parties. IN WITNESS WHEREOF, the parties hereto execute this Agreement by their authorized representatives. ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk W. Robert Herbert, City Manager ATI'EST: ROANOKE CITY SCHOOL BOARD Cindy H. Ramsuer, Clerk of the Board E. Wayne Harris, Superintendent 10 Murr Lone, N.W. ~ t.. SURPLUS PROPERTY ARB -- 0.60 AC. +/- BARRIER WALL 460.8 EXHIBIT SHOWING PROPERTY TOBE DECLARED SURPLUS HUFF LANE SCHOOL ROANOKE, VA SCALE: 1" = 100' JUNE 2, 1997 JEAN B. SHOWALTER, JOHN OLAF STROM-OLSEN, ENGLISH SHOWALTER, ELAINE COTTLER SHOWALTER, DAVID W. SHOWALTER, RAENA GORDON SHOWALTER & ET ALS TAX NO. 2250101 tP FD 21 '29"E I ROANOKE AREA ASSOCIATION FOR RETARDED CITIZENS, INC. D.B. 1349, PO. 122 TAX NO. 2250105 END LIMITED ACCESS LINE 42.65' TEMPORARY CONSTRUCTION EASEMENT NENT STREET RIGHT-OF-WAY & LIMITED ACCESS LINE CITY OF ROANOKE ROUND HILL SCHOOL D.B. 1066, PG. 575 TAX NO. 2250102 PERMANENT STREET RIGHT-OF-WAY & LIMITED ACCESS LINE / / S08'42'55"E / 29.21' / ~P FO N50'12 6~ ( PERMANENT STREET RIGHT-OF-WAY AREA - 10,880 SQ. FT. (0.250 AC.) TEMPORARY CONSTRUCTION EASEMENT AREA - 24,044 SQ. FT. (0.552 AC.) SHADED AREA DENOTES PERMANENT STREET RIGHT-OF-WAY & LIMITED ACCESS TO BE ACQUIRED. ~ MATTERN & CRAIO, INC. 701 FIRST STREET ROANOKE, VIRGINIA 24016 TELEPHONE (540)545-9342 OFFICE OF CITY ENGINEER ROANOKE. VIRGINIA PERMANENT STREET RIGHT-OF-WAY &: LIMITED ACCESS SCALE: DATE: MAY 20, 1997 PLAN NO. 6355-A BEING GRANTED TO THE CItY OF ROANOKE BY THE CITY OF ROANOKE THE CITY OFROANOKE, VIRGINIA 1" -- 100' APPROVED: CITY ENGINEER ACAD: 1547:PLAT_A THIS PETITION WILL BE PRESENTED TO THE ROANOKE CITY COUNCIL, IN CONJUNCTION WITH THE PETITION RECIEVED JUNE 19th, 1997. ~6/30/97 VALLEY VIEW BLVD. EXTENSION WE, THE UNDERSIGNED, MEMBERS OF THE AFFECTED COMMUNITY, CONCERNED PARENTS AND CITIZENS, REQUEST OUR VOICES BE HEARD. WE DO NOT FEEL AN ALTERNATIVE ROUTE FOR THE VALLEY VIEW BLVD. EXTENSION HAS BEEN THOROUGHLY EXPLORED. RATHER, WE FEEL A DECISION HAS BEEN MADE, WITHOUT REGARD TO THE TAXPAYERS WHO MAKE UP THIS COMMUNITY. WE FEEL WE ARE BEING FORCED TO ACCEPT THIS DECISION. WHAT HAS BEEN PROPOSED IS AN ACCEPTABLE ROAD, IN AN UNACCEPTABLE LOCATION.THERE IS MORE THAN ENOUGH SPACE AVAILABLE FOR AN ALTERNATE ROUTE, IF THE DEVELOPER WOULD MAKE A FEW CONCESSIONS. AS PROPOSED, OUR COMMLFNITY IS MAKING ALL THE CONCESSIONS. THE DEVELOPER, AND THE CITY OF ROANOKE ,WOULD RECOUP ANY LOSSES OVER A SHORT PERIOD OF TIME. OUR COMMUNITY WILL NOT RECOUP THE DAMAGEDONE TO OUR NEIGHBORHOODS. AN ALTERNATE ROUTE, THAT TAKES THE PROPOSED ROADFARTHER AWAY FROM THE COMMUNITY, HUFF LANE MICRO VILLAGE, AND HUFF LANE PARK SHOULD BE EXPLORED FURTHER BEFORE A DECISION IS MADE. IN THE UNFORTUNATE EVENT THIS SMALL REQUEST IS DENII~.I~, THE COMMUNITY REQUESTS THE SPECIFICS OF ANY AG-RI~.I~.MENT BETWEEN THE DEVELOPER, THE CITY OF ROANOKE, AND THE ROANOKE CITY SCHOOL BOARD BE MADE PUBLIC FOR THE COMMUNITY'S IN'PUT, AND APPROVAL BEFORE A VOTE IS TAKEN. 5. 7-/,~..x'7 7-/,-f-q 7 ~ IZt-~ ^ We do not wont valley vaiw road were you are going to put it. ZI~ :/7 23. 24. 25. 26. 27. ¸ 28. 29. 30. THIS PETITION WILL BE PRESENTED TO THE ROANOKE CITY COUNCIL, IN CONJUNCTION WITH THE PETITION RECIEVED JUNE 19th, 1997. VALLEY VIEW BLVD. EXTENSION 06/30/97 WE, THE UNDERSIGNED, MEMBERS OF THE AFFECTED COMMUNITY, CONCERNED PARENTS AND CITIZENS, REQUEST OUR VOICES BE HEARD. WE DO NOT FEEL AN ALTERNATIVE ROUTE FOR THE VALLEY VIEW BLVD. EXTENSION HAS BEEN THOROUGHLY EXPLORED. RATHER, WE FEEL A DECISION HAS BEEN MADE, WITHOUT REGARD TO THE TAXPAYERS WHO MAKE UP THIS COMMUNITY. WE FEEL WE ARE BEING FORCED TO ACCEPT THIS DECISION. WHAT HAS BEEN PROPOSED IS AN ACCEPTABLE ROAD, IN AN UNACCEPTABLE LOCATION. THERE IS MORE THAN ENOUGH SPACE AVAILABLE FOR AN ALTERNATE ROUTE, IF THE DEVELOPER WOULD MAKE A FEW CONCESSIONS. AS PROPOSED, OUR COMMUNITY IS MAKING ALL THE CONCESSIONS. THE DEVELOPER, AND THE CITY OF ROANOKE ,WOULD RECOUP ANY LOSSES OVER A SHORT PERIOD OF TIME. OUR COMMUNITY WILL NOT RECOUP TH~ DAMAGE DONE TO OUR NEIGHBORHOODS. AN ALTERNATE ROUTE, THAT TAKES THE PROPOSED ROAD FARTHER AWAY FROM TH~ COMMUNITY, HUFF LANE M~CRO VILLAGE, AND HUFF LANE PARK SHOULD BE EXPLORED FURTHER BEFORE A DECISION IS MADE. IN THE UNFORTUNATE EVENT THIS SMALL REQUEST IS DENIED, THE COMMUNITY REQUESTS THE SPECIFICS OF ANY AGI~I~.I~.MENT BETWEEN THE DEVELOPER, THE CITY OF ROANOKE, AND THE ROANOKE CITY SCHOOL BOARD BE MADE PUBLIC FOR THE COMMUNITY'S INPUT, AND APPROVAL BEFORE A VOTE IS TAKEN. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Tills PETITION WILL BE PRESENTED TO THE ROANOKE CITY COUNCIL, IN CONJUNCTION WITH THE PETITION RECIEVED JUNE 19th, 1997. 06/30/97 SU~CT-. VALLEY VIEW BLVD. EXTENSION WE, THE UNDERSIGNED, MEMBERS OF THE AFFECTED COMMUNITY, CONCERNED PARENTS AND CITIZENS, REQUEST OUR VOICES BE HEARD. WE DO NOT FEEL AN ALTERNATIVE ROUTE FOR THE VALLEY VIEW BLVD. EXTENSION HAS BEEN THOROUGHLY EXPLORED. RATHER, WE FEEL A DECISION HAS BEEN MADE, WITHOUT REGARD TO THE TAXPAYERS WHO MAKE UP TI-IlS COMMUNITY. WE FEEL WE ARE BEING FORCED TO ACCEPT THIS DECISION. WHAT HAS BEEN PROPOSED IS AN ACCEPTABLE ROAD, IN AN UNACCEPTABLE LOCATION. THERE IS MORE THAN ENOUGH SPACE AVAILABLE FOR AN ALTERNATE ROUTE, IF THE DEVELOPER WOULD MAKE A FEW CONCESSIONS. AS PROPOSED, OUR COMIVU. INITY IS MAKING ALL THE CONCESSIONS. THE DEVELOPER, AND THE CITY OF ROANOKE ,WOULD RECOUP ANY LOSSES OVER A SHORT PERIOD OF TIME. OUR COMMUNITY WILL NOT RECOUP TH~ DAMAGE DONE TO OUR NEIGHBORHOODS. AN ALTERNATE ROUTE, THAT TAKES THE PROPOSED ROAD FARTHER AWAY FROM TH~ COMMUNITY, HUFF LANE M~CRO VILLAGE, AND HUFF LANE PARK SHOULD BE EXPLORED FURTHER BEFORE A DECISION IS MADE. IN THE UNFORTUNATE EVENT THIS SMALL REQUEST IS DENIED, THE COMMUNITY REQUESTS THE SPECIFICS OF ANY AGREEMENT BETWEEN THE DEVELOPER, THE CITY OF ROANOKE, AND THE ROANOKE CITY SCHOOL BOARD BE MADE PUBLIC FOR THE COMMUNITY'S INPUT, AND APPROVAL BEFORE A VOTE IS TAKEN -" ~75'-- % ;: 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. HIS PETITION X17I_L BE PRESENTED TO TIlE ROANOKE CITY C'(',L~,. iCiL..~.' (ONJI %'CTION WFI'H THE PF.'FFt'[( )X' RF. CIEVEi) Jl '?<E 19lh. 1997. SI 'BJE¢'T: PETI'FII )\' E:O'/:>T cdr' .XN LLTERN:',,**"E or,, *~ ~ ,-,,*' ,-~; ,'rr,,' -,, ,'~, *'"'F-" "" ' ......... : ...;.[.E" ............ '" :' ' '?Haq'''rr~ ~, -,n,-,c?~.~¢. .,' , "": ........ * ' [~ 'O''"'V' ~.' .... >~ V''z~:' ~"': ,J~"**" _L[,~.;[,:: ~:; ,,%.~,.2.,_,.t:2 ...... ~F OVER ........... .:. , ' ~ ................ ,-. . '.. ~ ~H~i_i_D BE EXPL(~RED F[ A'r'HER ~F.F<,P.~ >. :~ ~[~ ,', ~g MA. DE ~tr, ~'r,-- o~ ',, ,~w E'~'E).'~ I'Y{~ "~ I 'J,f ~,r, ~ 'v.T re; ~,r,-~ · '.-,Xf~ ,t ............ ............. < ........... EDTHE ......... A,,u'FHE ROANOKE Cir'x' SCHC.:C,L B~.,~KU B~ MADE f'[:BLiL rtrt [HL ,_.L,X[: ....... ', AX[) .APPROVAL BEFORE A x'q,'[ E IS [.~K[.'x. ¥ 'l/, .i THIS PETITION WILL BE PRESENTED TO THE ROANOKE C1TY COUNCIL, IN CONJUNCTION WITH THE PETITION RECIEVED JUNE 19th, 1997. VALLEY VIEW BLVD. EXTENSION 06/30/97 WE, THE UNDERSIGNED, MEMBERS OF THE AFFECTED COMMUNITY, CONCERNED PARENTS AND CITIZENS, REQUEST OUR VOICES BE HEARD. WE DO NOT FEEL AN ALTERNATIVE ROUTE FOR THE VALLEY VIEW BLVD. EXTENSION HAS BEEN THOROUGHLY EXPLORED. RATHER, WE FEEL A DECISION HAS BEEN MADE, WITHOUT REGARD TO THE TAXPAYERS WHO MAKE UP THIS COMMUNITY. WE FEEL WE ARE BEING FORCED TO ACCEPT THIS DECISION. WHAT HAS BEEN PROPOSED IS AN ACCEPTABLE ROAD, IN AN UNACCEPTABLE LOCATION. THERE IS MORE THAN ENOUGH SPACE AVAILABLE FOR AN ALTERNATE ROUTE, IF THE DEVELOPER WOULD MAKE A FEW CONCESSIONS. AS PROPOSED, OUR COMMUNITY IS MAKING ALL THE CONCESSIONS. THE DEVELOPER, AND THE CITY OF ROANOKE ,WOULD RECOUP ANY LOSSES OVER A SHORT PERIOD OF TIME. OUR COMMUNITY WILL NOT RECOUP THE DAMAGE DONE TO OUR NEIGHBORHOODS. AN ALTERNATE R_.~gTE, THAT TAKES THE PROPOSED ROAD FARTHER AWAY FROM THE COMMUNITY, HUFF LAI~ MICRO VILLAGE, AND HUFF LANE PARK SHOULD BE EXPLORED FURTHER BEFORE A DECISI(b~IS MADE. IN THE UNFORTUNATE EVENT I'HIS SMALL REQUEST IS DENIED, THE COMMUNITY REQUESTS THE SPECIFICS OF ANY ~MENT BET~.EN THE DEVELOPER, THE CITY OF ROANOKE, A_ND THE ROANOKE Crl~ SCHOOL BOARD BE MADE PUBLIC FOR THE COMMUN1TWS INPUT, AND APPROVAL BEFORE A VOT~J8 TAKEN. 10. 12. 13. 14. 17. 19. 20. 22. 23. 24. 25. 26. 27. -¢ THIS PETITION WILL BE PRESENTED TO THE ROANOKE CITY COUNCIL, IN CONJUNCTION WITH THE PETITION REClEVED JUNE 19th, 1997. VALLEY VIEW BLVD. EXTENSION 06/30/97 WE, THE LrNDERSIGNED, MEMBERS OF THE AFFECTED COMMUNITY, CONCERNED PARENTS AND CITIZENS, REQUEST OUR VOICES BE HEARD. WE DO NOT FEEL AN ALTERNATIVE ROUTE FOR THE VALLEY VIEW BLVD. EXTENSION HAS BEEN THOROUGHLY EXPLORED. RATHER, WE FEEL A DECISION HAS BEEN MADE, wrrHouT REGARD TO THE TAXPAYERS WHO MAKE UP THIS COMMUNITY. WE FEEL WE ARE BEING FORCED TO ACCEPT THIS DECISION. WHAT HAS BEEN PROPOSED IS AN ACCEPTABLE ROAD, IN AN UNACCEPTABLE LOCATION. THERE IS MORE THAN ENOUGH SPACE AVAILABLE FOR AN ALTERNATE ROUTE, Il: THE DEVELOPER WOULD MAKE A FEW CONCESSIONS. AS PROPOSED, OUR COMMUNITY IS MAKING ALL THE CONCESSIONS. THE DEVELOPER, AND THE CITY OF ROANOKE ,WOUL~ RECOUP ANY LOSSES OVER A SHORT PERIOD OF TIME. OUR COMMUNITY WILL NOT RECOUP THE DAMAGE DONE TO OUR NEIGttBORHOODS. AN ALTERNATE ROUTE, THAT TAKES THE PROPOSED ROAD FARTHER AWAY FROM THE COMMUNITY, HUFF LANE MICRO VILI.AGE, AND HUFF LANE PARK SHOULD BE EXPLORED FURTttER BEFORE A DECISION IS MADE. IN THE UNFORTUNATE EVENT THIS SMALL REQUEST IS DENIED, THE COMMUNITY REQUESTS THE SPECIFICS OF ANY AGR~I~-MENT BETWEEN THE DEVELOPER, THE CITY OF ROANOKE, AND THE ROANOKE CITY SCHOOL BOARD BE MADE PUBLIC FOR THE COMMUNITY'S INPUT, AND APPROVAL BEFORE A VOTE IS TAKEN. ./ ,,": i/~ ~ .: , ,,~.~ ._ 20. 21. 22. 23. 25, 26. 27. VALLEY VIEW BLVD. EXTENSION 06/30/97 WE, THE UNDERSIGNED, MEMBERS OF THE AFFECTED COMMUNITY, CONCERNED PARENTS AND CITIZENS, REQUEST OUR VOICES BE HEARD. WE DO NOT FEEL AN ALTERNATIVE ROUTE FOR ~ VALLEY VIEW BLVD. EXTENSION HAS BEEN THOROUGHLY EXPLORED. RATHER, WE FEEL A DECISION HAS BEEN MADE, WITHOUT REGARD TO THE TAXPAYERS WHO MAKE UP THIS COMMUNITY. WE FEEL WE ARE BEING FORCED TO ACCEPT TI-lIS DECISION. WHAT HAS BEEN PROPOSED IS AN ACCEPTABLE ROAD, IN AN UNACCEPTABLE LOCATION. THERE IS MORE THAN ENOUGH SPACE AVAILABLE FOR AN ALTERNATE ROUTE, I~ THE DEVELOPER WOULD MAKE A FEW CONCESSIONS. AS PROPOSED, OUR COMMUNITY IS MAKING ALL THE CONCESSIONS. THE DEVELOPER~ AND THE CITY OF ROANOKE ,WOULD RECOUP ANY LOSSES OVER A SHORT PERIOD OF TIME. OUR COMMUNITY WILL NOT RECOUP TH~ DAMAGE DONE TO OUR NEIGHBORHOODS. AN ALTERNATE ROUTE, THAT TAKES THE PROPOSED ROAD FARTHER AWAY FROM THE COMMUNITY, HUFF LANE MICRO VH.LAOE, AND HUFF LANE PARK SHOULD BE EXPLORED FURTHER BEFORE A DECISION IS MADE. IN THE UNFORTUNATE EVENT THIS SMALL REQUEST IS DENIED, THE COMMUNITY REQUESTS THE SPECIFICS OF ANY AGREEMENT BETWEEN THE DEVELOPER, THE CITY OF ROANOKE, AND THE ROANOKE CITY SCHOOL BOARD BE MADE PUBLIC FOR THE COMMUNITY'S INPUT, AND APPROVAL BEFORE A VOTE IS TAKEN. 24. 26. 27. ~'~',~ THIS PETITION WILL BE ~RE$1~NTED TO THE ROANOKE CITY COUNCIL, IN CONJUNCTION WITH ~ ~. PETITION RECIEVED ~ 1~, 1997, 06/30/97 ~ VALLKY VII wa, THE UNDa~SIO~ W BLVD. EXTENSION ME~B~S OF THE AFFliCTED COMMUNITY, CONCERNED PARENTS ~ CITIZBNS,i KI~UI~ST OUR VOXCE{ alt IiltARD. WE DO NOT FEEL A~~ATIVE ROUTE FOR THE VALLliY VIEW BLVD. EXTENSION HAS ~ ]~ BEEN TIiOROUGHLY EXI?I.~D. KATH~ WE ~ A DECISION ~S B~N ~E, ~OUT ~~ TO ~ T~A~ ~0 ~ ~ ~S CO~~. ~ ~ ~ ~ BErG FORC~ TO ACCE~ ~$ D~CISION, ~T ~S B~N P~SED IS ~ ACC~T~ RO~, ~ ~ ~ACC~T~ L~ATION, ~ D~OP~ WO~ ~l~ ~W CONCESSIONS AS PKOPOS~, O~ CO~T S ~~ ~ ~ cos=ssoss. ~ ~a~m ~ ~ cn~ o~ Rolo= ,w~° ~CO~ ~ ~SSES O~A SHOgT ~0~ O~ X~. 0~ CO~TY ~ ~ ~ ~ ~ DAMAO~ ___~_l i POSliD DONE TO OUR IqBIGI'IBOIttI'I~DS, AN ALTERNATE ROUTE. THAT TAI~__S THI~ 1~0 _ .__ .t_.0_A~.' FAATHER AWAY FltOM ~141~0~~, ~ LANE MICRO VILLAGE, AND HUFF LAI~ IN THE UNFOR,TUN~T~~ THIS SMALL R,EQUI~ST IS DENIED, TIlE COMMUNITYop Ro~o~ ~ ~ ~o~ c~ ~L ~ ne ~e ~uc ~o~ ~ co~s 399- 6,0 zy I ; 48. 49. THIS PETITION WILL BE PRESENTED TO THE ROANOKE CITY COUNCIL, IN CONJUNCTION WITH THE PETITION RECIEVED JUNE 19th, 1997. SUBJECT.' VALLEY VIEW BLVD. EXTENSION 06/30/97 WE, THE UNDERSIGNED, MEMBERS OF TH~ AFFECTED COMMUNITY, CONCERNED PARENTS AND CITIZENS, REQUEST OUR VOICES BE HEARD. WE DO NOT FEEL AN ALTERNATIVE ROUTE FOR THE VALLEY VIEW BLVD. EXTENSION HAS BEEN THOROUGHLY EXPLORED. RATHER, WE FEEL A DECISION HAS BEEN MADE, WITHOUT REGARD TO THE TAXPAYERS WHO MAKE UP TI-~S COMMUNITY. WE FEEL WE ARE BEING FORCED TO ACCEPT TI-HS DECISION. WHAT HAS BEEN PROPOSED IS AN ACCEPTABLE ROAD, IN AN UNACCEPTABLE LOCATION. THERE IS MORE THAN ENOUGH SPACE AVAILABLE FOR AN ALTERNATE ROUTE, IF THE DEVELOPER WOULD MAKE A FEW CONCESSIONS. AS PROPOSED, OUR COMMUNITY IS MAKING ALL THE CONCESSIONS. THE DEVELOPER, AND THE CITY OF ROANOKE ,WOULD RECOUP ANY LOSSES OVER A SHORT PERIOD OF TIME. OUR COMMUNITY WILL NOT RECOUP THE DAMAGE DONE TO OUR NEIGHBORHOODS. AN ALTERNATE ROUTE, THAT TAKES THE PROPOSED ROAD FARTHER AWAY FROM THE COMMUNITY, HUFF LANE MICRO VILLAGE, AND HUFF LANE PARK SHOULD BE EXPLORED FURTHER BEFORE A DECISION IS MADE. IN THE UNFORTUNATE EVENT THIS SMALL REQUEST IS DENIED, THE COMMUNITY REQUESTS THE SPECIFICS OF ANY AGREEMENT BETWEEN THE DEVELOPER, THE CITY OF ROANOKE, AND THE ROANOKE CITY SCHOOL BOARD BE MADE PUBLIC FOR THE COMMUNITY'S INPUT, AND APPROVAL BEFORE A VOTE IS TAKEN. Poor 21. 22. 23. 24. 25. 26. 27. TIffIS PETITION WILL BE PRESENTED TO THE ROANOKE CITY COUNCIL, IN CONJUNCTION WITH THE PETITION RECIEVED JUNE 19th, 1997. VALLEY VIEW BLVD. EXTENSION 06/30/97 WE, THE UNDERSIGNED, MEMBERS OF THE AFFECTED COMMUNITY, CONCERNED PARENTS AND CITIZENS, REQUEST OUR VOICES BE HEARD. WE DO NOT FEEL AN ALTERNATIVE ROUTE FOR THE VALLEY VIEW BLVD. EXTENSION HAS BEEN THOROUGHLY EXPLORED. RATHER, WE FEEL A DECISION HAS BEEN MADE, WITHOUT REGARD TO THE TAXPAYERS WHO MAKE UP THIS COMMUNITY. WE FEEL WE ARE BEING FORCED TO ACCEPT THIS DECISION. WHAT HAS BEEN PROPOSED IS AN ACCEPTABLE ROAD, IN AN UNACCEPTABLE LOCATION.THERE IS MORE THAN ENOUGH SPACE AVAILABLE FOR AN ALTERNATE ROUTE, IF THE DEVELOPER WOULD MAKE A FEW CONCESSIONS. AS PROPOSED, OUR COMMUNITY IS MAKING ALL THE CONCESSIONS. THE DEVELOPER, AND THE CITY OF ROANOKE ,WOULD RECOUP ANY LOSSES OVER A SHORT PERIOD OF TIME. OUR COMMUNITY WILL NOT RECOUP PROPOSED ROADFARTHER AWAY FROM THE COMMUNITY, HUFF LANE MICRO VILLAGE, AND HUFF LANE PARK SHOULD BE EXPLORED FURTHER BEFORE A DECISION IS MADE. IN THE UNFORTUNATE EVENT THIS SMALL REQUEST IS DENIED, THE COMMUNITY REQUESTS THE SPECIFICS OF ANY AGREEMENT BETWEEN THE DEVELOPER, THE crrY OF ROANOKE, AND THE ROANOKE CITY SCHOOL BOARD BE MADE PUBLIC FOR THE C.~)MMUN1TY'S INPUT, AND APPROVAL BEFORE A VOTE IS TAKEN. o THIS PETITION WILL BE PRESENTED TO THE ROANOKE CITY COUNCIL, IN CONJUNCTION WITH THE PETITION RECIEVED JUNE 19th, 1997. 06/30/97 VALLEY VIEW BLVD. EXTENSION WE, THE UNDERSIGNED, MEMBERS OF THE AFFECTED COMMUNITY, CONCERNED PARENTS AND CITIZENS, REQUEST OUR VOICES BE HEARD. WE DO NOT FEEL AN ALTERNATIVE ROUTE FOR THE VALLEY VIEW BLVD. EXTENSION HAS BEEN THOROUGHLY EXPLORED. RATHER, WE FEEL A DECISION HAS BEEN MADE, WITHOUT REGARD TO THE TAXPAYERS WHO MAKE UP THIS COMMUNITY. WE FEEL WE ARE BEING FORCED TO ACCEPT THIS DECISION. WHAT HAS BEEN PROPOSED IS AN ACCEPTABLE ROAD, IN AN UNACCEPTABLE LOCATION. THERE IS MORE THAN ENOUGH SPACE AVAILABLE FOR AN ALTERNATE ROUTE, IF THE DEVELOPER WOULD MAKE A FEW CONCESSIONS. AS PROPOSED, OUR COMMUNITY IS MAKING ALL THE CONCESSIONS. THE DEVELOPER, AND THE CITY OF ROANOKE ,WOULD RECOUP ANY LOSSES OVER A SHORT PERIOD OF TIME. OUR COMMUNITY WILL NOT RECOUP THE DAMAGE DONE TO OUR NEIGHBORHOODS. AN ALTERNATE ROUTE, THAT TAKES ~ PROPOSED ROAD FARTHER AWAY FROM THE COMMUNITY, HUFF LANE MICRO VILI.AGE, AND HUFF LANE PARK SHOULD BE EXPLORED FURTHER BEFORE A DECISION IS MADE. IN THE UNFORTUNATE EVENT THIS SMALL REQUEST IS DENIED, THE COMMUNITY REQUESTS THE SPECIFICS OF ANY ACrlH~MENT BETWEEN THE DEVELOPER, THE CITY OF ROANOKE, AND THE ROANOKE CITY SCHOOL BOARD BE MADE PUBLIC FOR THE COMMUNITY'S INPUT, AND APPROVAL BEFORE A VOTE IS TAKEN. Members of council, my name is Andrew Friedman of 2623 Vancouver Dr. NW. Please listen carefully to what I have to say. For a long time you have been led to believe that there are no alternatives to the proposed road known as the Valley View Extension. On behalf of the Dorchester Ct./Round Hill Neighborhood Alliance, I will dismantle the assumptions behind that belief and open the door for alternative routes. Mattern and Craig's design for the road conforms to 4 parameters which they were given in advance. One of these parameters was a "35mph design speed". The design speed affects the types of curves which can be drawn: the higher the speed the more gradual must be the curves which in turn eliminates certain route options. Slower design speeds put a greater load on the road surface. I spoke with Jimmie Mills, State Location and Design Engineer for VDOT in Richmond. I asked him if 35mph design speed was required once cars leave the interchange and enter the extension road. His answer was thus and, with his express permission, I quote, "Barring safety, as long as you have a city street that's not controlled or limited access, you can do just about anything as long as it's not a safety issue" Now, the Director of Public Works, Mr. Clark, publicly stated at the last meeting that Senator Warner would not have approved the interchange unless the Valley View Extension road provided "direct access" to the airport, rm still not sure what he means by that because the VDOT Interchange Justification Study does not even mention that term. Neither does the interchange approval letter dated August 23, 1996 from the FHWA Region 3 office to the Chief Engineer of VDOT. Members of Council, I direct your attention to a letter I've sent to Senator Warner asking him, "Did you indeed specifically require direct airport access for approval of the interchange? If not, were you requiring adherence to general intermodal guidelines set forth in ISTEA? (Keep in mind that this road is not utilizing any federal or state funds. It is utilizing city and developer monies)". I am still awaiting an answer. I have spoken with Fred Kiiffner, Transportation Engineer Program Supervisor at VDOT, whose name appears on the interchange approval letter. He has made it clear that the issue was not direct access but relief of congestion at the Hershberger interchange which in turn leads to the airport. That would seem to fulfill the intermodal concept of ISTEA. And of course we already have a direct route from Valley View Mall to the airport. By the way, he also mentioned that VDOT strongly prefers that roads leading from an interchange remain on public property. Now, you might say to me that the proffers which Faison agreed to in the rezoning agreement pretty much set out the course of the road as shown in Exhibit C. The curve of that road is such that by the time it approaches the park, it is already too close and headed directly toward the school. Members of council, I call your attention to item 9 of the proffers in the rezoning agreement which reads: The property owner shall dedicate that portion of the right-of-way located on the Property which is required for the construction of the interchange on 1-581 and for the access road, Valley View Boulevard Extended, in the general configuration shown on the attached Exhibit C and shall construct the access road upon final agreement with the Virginia Department of Transportation, the City of Roanoke and affected property owners. Since the layout of the road in exhibit C conforms very closely to the road as it appears in the Faison Watts Traffic Impact Study exhibit 3, and since that study is dated November-December 1996, and since public meetings on the rezoning were not held until January 23rd, 1997, I believe we can conclude that the affected property owners as a whole have had virtually no input on the routing of this road. And for the reasons I have already mentioned, they have also been led to beleive there are no alternatives. Therefore, let it be public record that, based on the current configuration of this road, the overwhelming majority of affected property owners are not yet prepared to make a final agreement with VDOT, the City of Roanoke, or Faison. We do firmly believe that a final agreement can be reached which will satisfy ALL parties involved. As a first step in that direction, and in light of what you now know to be true, I request that you vote no on the current agenda item. I furthermore request that a Capacity Analysis be done by Wilbur Smith Assoc. on the proposed Valley View Extension Road, comparing 35mph speeds with less than 35mph speeds while taking into account the 3 traffic lights, in order to determine the allowable curves given the predicted traffic on that road. Finally, I request that noise and air studies be performed to determine a safe and workable distance of the road from the Huff Lane Park and School. Thank you. ''.-581/Valley View Boulevard Interchange Justification Stud)/ In the vicinity of the proposed interchanges, 1-581 is expected to operate at LOS "F" in both the Year 2020 AM and PM peak hours. As with the Year 2000 analysis, these levels of service are consistent with the levels of service experienced on 1-581 in the vicinity of the U.S. 460 interchange, and the levels of service at Hershberger Road, if no interchange is provided.~( Thus, the main operational benefit of the build interchange-a-lternatives is thee ~___~'relief of the Hershberger Interchange, Conclusions Additional access to 1-581 is required to relieve the poor levels of service experienced at the 1-5811Hershberger Road interchang.ej'"~'his analysis has sh-o-~-t'l~ th~-No Buiid and Overpass Alternatives do not provide the intended relief to the Hershberger Road interchange. Only the build interchange options provide significant improvements to the operation of 1-581 at the Hershberger Road interchange. All three alternatives produce positive benefits to 1-581. Therefore it is recommended that the City of Roanoke and the Virginia Department of Transportation evaluate this report and hold discussions to choose a preferred alternative to pursue approval by the Federal Highway Administration. Wilbur Smith AssociQtes Page 84 ' ' I--5-~/Valley View Boulevard Interchan~le Justification Study Supplement VI. CONCLUSION The proposed new interchange at 1-581 and the extension of Valley View Boulevard will provide much-needed relief to traffic congestion on 1-581 and Hershberger Road. Presently, the only access point to Valley View Mall is located on Hershberger Road. The new interchange will provide another major access point to the mall from 1-581, as well as another route to the Roanoke Regional Airport. Phase I of the project, consisting of a half-diamond interchange, is expected to sufficiently accommodate future traffic growth until at least the year 2010. The ultimate scheme (Phase II), consisting of a full diamond interchange and collector-distributor roads from Valley View Boulevard to Hershberger Road, should provide a long-term solution to traffic congestion on this section of 1- 581. By relieving future congestion on 1-581 and improving accessibility of the Valley View Activity Center, the project will have a positive impact on the entire Roanoke Valley. WILBUR SMITH ASSOCIATES Page 36 U.S. Department of Transportation Federal Highway Administration Regio~ 3 Virginia Division The Dale Building. Suite 205 1504 Santa Rosa Road Richmonct, Virginia 23229 August 23, 1996 Subject - 1-581/Valley View Boulevard Interchange VA - Access Point Approval Mr. James G. Browder Jr. Chief Engineer Department of Transportation Richmond, Virginia Attention: F.J. Kiiffner III, Transportation Engineer Program Supervisor Dear Mr. Browder: The 1-581 Valley View Boulevard interchange access point request has been approved subject to compliance with applicable Federal requirements. Alternate F, the full diamond interchange with collector-distributor (C-D) roads and no connection to 10tn street, has been approved and is the only alternative that will serve all traffic movements and be capable of accommodating the future projected traffic. We understand that the improvements will be split into two phases. The first phase will be the construction of a partial interchange to the south servicing the Valley View Mall and the surrounding area. The second phase will be the construction of a C-D road system tying this interchange into the Hershberger Road interchange to the north. During discussions with the department, VDOT agreed to the placement of appropriate signs on the interstate (such as "No direct re-entry to Northbound 1-581") to notify motorist about the partial interchange during Phase I. In the interim, VDOT also agreed to consider minimizing mainline weaving at Hershberger Road interchange as much as is operationally possible. During Phase II, narrowing of the southbound C-D roadway to one lane prior to entry into the mainline would be considered. VDOT also agreed to consider the more economical approach to not develop the northbound C-D road_~Lru~--]Ynorth of the new interchange if sufficient distance is available to handle the weave between the interchanges. Revisions such as those listed above will not change this access approval. RECEIVED VDOT - 2 - If you should have any questions regarding this matter, please call John Perry at 281-5133. S~cerely ~urs, ,:. ~o. ~ ~erto .~pnseca-Marti) DiVision Administrator · Andrew Friedman 2623 Vancouver Dr. NW Roanoke, VA 24012 7/17~97 Senator John Warner Dear Senator Warner, I realize your time is valuable so I will get right to the point. I represent the Dorchester Court/Round Hill Neighborhood Alliance here in the city of Roanoke. Bill Clark, Director of Public Works for the City of Roanoke said publicly at a neighborhood meeting on Tuesday evening that you would not have approved the new 1581 interchange (south of the existing Hershberger Rd exit) unless there were direct access to the airport from the interchange. He is using this to justify the proposed route of the road (currently referred to as the Valley View Extension Road) coming off the new interchange. This road, in its current proposed route, will pass within 60 feet of the back of Huff Lane Microvillage - an elementary school of reknown here - and run parallel to the edge of the school playground and Huff Lane park at a distance of 25 feet with only a chain link fence and a stand of grass in between. This 4 lane road is predicted to reach 35,000 vehicular trips daily! The vast majority of residents here are for the interchange, but they are overwhelmingly opposed to the proposed route of the road, which is up for a vote by City Council THIS MONDAY. They are convinced it will significantly erode the quality of life and the value of their homes at the expense of further Valley View Mall development. We love our neighborhood and want it to become a model community. We would like to see the road moved farther from the school and park. Did you indeed specifically require direct airport access for approval of the interchange? If not, were you requiring adherence to general intermodal guidelines set forth in ISTEA? (Keep in mind that this road is not utilizing any federal or state funds. It is utilizing city and developer monies) Please reply either in writing or by e-mail (droidle@ix. netcom.com) ASAP. A gem of this great state depends on it. Thank you. Sincerely, Andrew Friedman PS. FYI, I'm also attaching a copy of the Roanoke City Council Vision Statement. City of Roanoke - Roanoke City Council Vision... - Microsoft Interact Explorer Page 1 of 1 ~Roanoke City Council Roanoke City Council Vision Statement Roanoke, "The Star City," appreciating its past and planning for a shining future, will be a community of excellence, providing an outstanding quality of life through educational, economic and cultural opportunities for ali people who live, work and visit here. Effective Government Roanoke City government will be a leading force in shaping and achieving the future of our community. We will be participatory, responsive, and efficient, valuing diverse commumty involvement, public/private partnerships, and regional cooperation. Citizens will be involved in the establishment of commumty priorities. Our facilitative government will bring together all available resources to meet the challenges of the 21 st century. Economy Roanoke, with its vibrant downtown, will be a dynamic, diversified regional center of commerce and tourism, competing effectively in the global economy. To enhance economic opportunities, we will promote regional cooperation, nurture growth in existing business, and recruit attractive new business and industry. Roanoke will be a destination for people seeking a umque combination of scenic, cultural, and recreational attractions. Education Roanoke will be a "learning" community, providing the necessary educational resources and opportunities for all persons to develop to their maximum potentials. Through commumty involvement and the latest technology, we will provide quality public education. We will strengthen our cooperation with area colleges and universities and expand continuing education to promote an environment of life-long learning. Quality of Life Roanoke will be a community where every person and every family is important and respected. We will be a community of stable, safe, caring, and friendly neighborhoods. We will protect our natural environment and promote cultural, social, and recreational oppormmties that encourage present and future generations to choose Roanoke as their home. Draft Adopted by City Council on August 19, 1996 Return to the Roanoke City Council Pate Return to City of Roanoke Home Page Page Copyright 1996-1997 by the City of Roanoke, Virginia_ Please send your comments to cit3v, veb(~_~ci.roanoke.va~ us. Rev. 1-7-97 Wednesday, April 23, 1997 9:53 AM o 3 - at Valley View Mall and have the same level of architectural detail on all sides. 9//~.~ The Property owner shall dedicate that portion cf t-of-way located on the Property which is required for the construction of the interchange on 1-581 and for the access road, Valley View Boulevard Extended, in the general configuration shown on the attached Exhibit C and shall construct the access road upon final agreement with the Virginia Department of Transportation, the City of Roanoke and affected property owners. 10. The proposed access road, Valley View Boulevard Extended, shall be a four-lane road with an eighty foot wide right-of-way constructed to Virginia Department of Transportation standards with landscaped median and street trees with a minimum of 3 inch calliper on 50 foot centers 'along both sides of the road. A sidewalk/bicycle path will !be constructed on the north westerly side of Valley View ~ Boulevard Extended from the edge of the parking lot adjacent ) < to 1-581 to the Wal-Mart property line pedestrian/bicycle ,' access is provided on the 1-581 Valley View Boulevard Extended \ overpass. 11. Landscaping for the parking area located on the north-westerly side of Valley View Boulevard Extended will be consistent with the landscaping of the parking area of Valley View Mall. Landscaping of the 75 foot wide landscaped M#377543 Faison-Watts Property Traffic Impact Study llA! ltl1 AlCl /f .IL,- LEGEND A{C)= PM Weekday IP~lk Hour LOS (Saturday Peak Hoof LOS) O.Locltion Nu~r~)er Exhibit :3. Estimated LOS - No Project Mary F. Parker, CMCIAAE C~y Ck~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Oeputy C~y C~rk August 7, 1997 File #20-60-77-217-379-405 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33505-080497 amending and reordaining certain sections of the 1997-98 Capital Projects Fund Appropriations, providing for the transfer of $82,000.00 in connection with the 1-581 Interchange Project. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, July 21, 1997, also adopted by the Council on second reading on Monday, August 4, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Attachment H:~AGENDA.g'AAUG.4 James D. Griss~ Director of Finance August 7, 1997 Page 2 pc: The Honorable Marsha C. Fielder, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Phillip C. Schrimer, Project Manager Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Diane S. Akers, Budget Administrator, Office of Management and Budget Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles A. Harlow, Grants Compliance Monitor H:~,GENOA.g71AUG.4 IN .THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of August, 1997. No. 33505-080497. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriation Capital Improvement Reserve Public Improvement Bonds - Series 1996 (1) .................... Streets and Bridges 1-581 Interchange (2) ...................................... $18,791,512 15,950,018 $14,688,255 682,000 1) Streets and Sidewalks (008-052-9701-9191) 2) Appropriated from Bond Funds (008-052-9545-9001) $(82,000) 82,000 ATTEST: City Clerk. July 21, 1997 Council Report No. 97-159 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: CHANGE ORDER NO. 4 1-581 INTERCHANGE CONSULTANT SERVICES I. J~ on the subject in chronological order is as follows: 1-581 interchanae imDrovements were endorsed by Roanoke City Council on March 18, 1996. The Virginia Department of Transportation (VDOT) subsequently included projects in its Six Year Improvements Program for a partial interchange on 1-581 approximately one mile south of Hershberger Road. City Council had previously approved $5 million for the 1996 Bond Issue for the cost of the partial interchange. Mattern & Craia, Inc. was selected to provide consultant enaineering desian services on the project. A contract for this purpose was authorized by Roanoke City Council on December 16, 1996. II. Current situation is as follows: public comment has urged the City to consider including bikeway and pedestrian facilities as part of the interchange construction. Chenqe Order No. 4 has been neootiated with Mattern and Craig, Inc. to provide additional design services to provide plans and specifications for the desired bikeway and pedestrian facilities. TwQ alternate bids will be solicited from construction contractors for the proposed interchange both with and without the bikeway and pedestrian facilities. D. A summary of the Mattern & Craig, Inc. consultant contract follows: Original Contract Value Change Order No.1 Change Order No.2 Change Order No.3 Proposed Change Order No. 4 $499,965.O0 5,000.00 12,000.00 15,000.00 82,000.00 Honorable Mayor and Members of City Council CHANGE ORDER NO. 4 1-581 INTERCHANGE CONSULTANT SERVICES July 21, 1997 Page 2 Total change orders to date including the proposed Change Order No. 4 are 19.8% of the original contract value. III. Issues in order of importance are as follows: A. (~ost B. Fundino IV. Alternatives in order of feasibility are as follows: A. Authorize the City Manaoer to execute Change Order No. 4, in a form approved by the City Attorney, with Mattern & Craig, Inc. in the amount of ~82.000 and -0- additional calendar days of contract time. 1. ~:ost is acceptable for the additional work proposed. 2. Fundino is available in the Public Improvements Bonds - Series 1996, Streets and Sidewalks Category to fund the requested change order. B. Do not authorize the City Manaoer to execute Change Order No. 4 with Mattern & Craig, Inc. 1. Cost would be based on future negotiation. 2. Fundino would remain in Public Improvements Bonds - Series 1996, Streets and Sidewalks Category. Recommendation is that City Council concur in Alternative A, and take the following specific actions: Authorize the City Manager to execute Change Order No. 4, in a form approved by the City Attorney, with Mattern & Craig, Inc. in the amount of ~ and -0- additional calendar days of contract time. Honorable Mayor and Members of City Council CHANGE ORDER NO. 4 1-581 INTERCHANGE CONSULTANT SERVICES July 21, 1997 Page 3 Transfer ~82.0DO from the Public Improvements Bonds-Series 1996, Streets and Sidewalks Account No. 008-052-9701-9191 to the 1-581 Interchange Account No. 008-052-9545-9001. Respectfully submitted, W. Robert Herbert City Manager WRH/PCS/fm c: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File ~67-166-169-467 Allen Rifendifer, President Garden City Recreation Club P. O. Box 8031 Roanoke, Virginia 24014 Dear Mr. Rifendifer: I am enclosing four copies of Ordinance No. 33507-080497, for execution by the Garden City Recreation Club, authorizing the City Manager to enter into an agreement permitting the Garden City Recreation Club to construct a structure at Garden City Park, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, July 21, 1997, also adopted by the Council on second reading on Monday, August 4, 1997, and will be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by duly authorized officers of the Garden City Recreation Club, has been filed in the Office of the City Clerk. Please sign and return two copies of the abovereferenced ordinance to the City Clerk's Office, Room 456, Municipal Building, Roanoke, Virginia 24011-1536. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. H:~,GENDA,g'AAUG,4 Allen Rifendifer,.-President Garden City Recreation Club August 7, 1997 Page 2 pc: Steven B. Mullen, Chairperson, Garden City Neighborhood Park Committee, 3157 Ventnor Road, S. E., Roanoke, Virginia 24014 Mr. Randall Webb, 3734 Ventnor Road, S. E., Roanoke, Virginia 24014 James McFadyen, President, Dominion Renovations, P. O. Box 21689, Roanoke, Virginia 24018 Herman Hartman, Jr., President, Southern Limited Electrical Co., 3315 Garden City Boulevard, S. E., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer John W. Coates, Manager, Parks and Recreation/Grounds Maintenance Lynnis B. Vernon, Parks Planner Kenneth S. Cronin, Manager, Personnel Department Glenn A. Asher, Risk Management Officer Sandra H. Eakin, Deputy City Clerk Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools H:~AGENDA.g'/~,UG.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33507-080497. AN ORDINANCE authorizing the City Manager to enter into an agreement authorizing the Garden City Recreation Club to construct a structure at Garden C !'ark, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to enter into an agreement, in form approved by the City Attorney, with the Garden City Recreation Club, authorizing the construction of a permanent concession/storage/restroom building at Garden City Park behind the existing baseball backstop, to be constructed of such materials and design as may be approved by the City Manager, or his designee, and the Supervisor of Building Operations for the Roanoke City Public Schools, prior to commencement of any construction. 2. This authorization is subject to submission to the City Manager of proof of adequate insurance, as determined by the City's Risk Management Office, and financial resources to permit completion of the project and receipt by the Garden City Recreation Club of the proper permit from the Building Commissioner. 3. The Garden City Recreation Club shall give prior notice to the City of itt intention to commence construction. 4. Upon completion, the Garden City Recreation Club shall have the right to use the aforesaid structure, subject to such reasonable rules and regulations as may be established by the City Manager. The Council reserves the right to cause this use to be discontinued at any time for good cause. 5. The Garden City Recreation Club shall be solely responsible for the maintenance and upkeep of the aforesaid structure for such period of time that it is used by the said organization. 6. Upon completion of the aforesaid structure, the structure shall become the property of the City of Roanoke. 7. By the execution of this ordinance by its President, the Garden City Recreation Club agrees that it, its officers, agents, grantees, assigns, or successors in interest shall indemnify and hold harmless the City of Roanoke from any and all claims, legal actions and judgments advanced against the City and for any expenses the City incurs in this regard, arising out of the construction, maintenance and use of the aforesaid structure. 8. The City Clerk shall transmit an attested copy of this ordinance to the Garden City Recreation Club. 9. If construction of the structure has not been completed to the satisfaction of the City Manager within eighteen (18) months of the date of this ordinance, authorization to construct such structure shall be revoked, and the Garden City Recreation Club shall remove all materials and equipment from the park within thirty (30) days of receipt of written notice to remove said materials and equipment. 10. This ordinance shall be in full force and effect at such time as a copy, duly signed and attested by the duly authorized officers of the Garden City Recreation Club, has been filed with the City Clerk. ATTEST: City Clerk. ACCEPTED and ATTEST: EXECUTED by the undersigned this day of ,1997. GARDEN CITY RECREATION CLUB Secretary By , President H:~dE. ASURI~GARDCTY July 21, 1997 Council Report No. 97-163 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Request of Garden City Recreation Club to construct a permanent building at Garden City Park. I. BACKGROUND: Garden City Recreation Club has requested permission from the City to construct a permanent concession/storage/restroom building at Garden City Park behind the existing baseball backstop and to install a practice batting cage. Refer to the attached letter dated March 18, 1996. Bo Co Club related equipment is currently being warehoused off site in the homes of Recreation Club members. Similar permanent buildings have been constructed and are being successfully operated by other City Recreation Clubs such as Williamson Road Recreation Club (Breckinridge Field), Southeast Recreation Club (Jackson Park), Northwest Recreation Club (Westside Park) and Wilmont Recreation Club (Strauss Park). Mayor and Members of Council July 21, 1997 Council Report No. 97-163 Request of Garden City Recreation Club Page 2 II. CURRENT SITUATION: IlL mo Ci.ty Council authorization is required prior to allowing construction of a permanent building on City property. Bo Garden City Neighborhood Park Committee was created to evaluate the request of the Garden City Recreation Club to make various additions to Garden City Park. Please refer to the attached letter from this committee dated July 7, 1997. Co Garden City Recreation Club has agreed to raise approximately $7,000.00 for material costs and have received assurances for gratis construction assistance in the amount of $16.000.00 for a project totalling $23.000.00. ISSUES: A° Need for facility. Use of public property. Cost of construction. D. Desi_ma of building. E° Time of construction. F. Agreement between parties. C:\ WPWIN60\DOCS\ VERNOI~GCRECLUB.REQ Mayor and Members of Council July 21, 1997 Council Report No. 97-163 Request of Garden City Recreation Club Page 3 IV. ALTERNATIVES: me Approve request of Garden City Recreation Club to construct a permanent building at Garden City Park. Need for an adequate facility to better serve the City's youth sports program in Garden City area of Roanoke would be met. Use of public property for the building would be appropriate due to public access and benefit. City will own the permanent building upon completion of the construction. Cost of construction would be solely the responsibility of Garden City Recreation Club. Prior to beginning construction, proof of financial resources necessary to complete construction would be submitted to and approved by City Engineer. No City or School funds would be required. Design of building and final plans would be subject to review and approval of Building Commissioner, City Engineer, Manager of Parks and Recreation and Supervisor of Building Operations for Roanoke City Public Schools prior to commencement of any construction. Time of completion would be within eighteen (18) months of authorization. o Agreement between the City and Garden City Recreation Club would be executed. Agreement will include indemnification and hold harmless provisions and be in a form approved by the City Attorney in order to protect the City. Types and levels of insurance as deemed appropriate by the Risk Management Officer will be required. The policy shall include that the City, its officers, agents, employees, and volunteers be named as additional insureds. C:\ WPW IN60~)OC S\ VERNOI~GCRECLIOB.REQ Mayor and Members of Council July 21, 1997 Council Report No. 97-163 Request of Garden City Recreation Club Page 4 Deny request of Garden City Recreation Club to construct a permanent building at Garden City Park. 1. Need for facility improvements would not be addressed. 2. Use of public property would not be an issue. 3. Cost of construction, operation and maintenance would be moot. However, City funding may be needed should project be pursued at a later date. o Design of building would not be necessary. Time of construction would be inconsequential. Agreement between parties would not be required. Ve RECOMMENDATION is that City Council concur with Altemative "A" and approve request of Garden City Recreation Club to construct a permanent concession/storage/restroom building at Garden City Park, subject to a written contract, and that City Council authorize the execution of an Agreement in accordance with this report. WRH:LBV:mbw Respectfully submitted, erbert City Manager Attachments C:\WPWINfi4)~C S\VERNON~GCRECLUB.REQ Mayor and Members of Council July 21, 1997 Council Report No. 97-163 Request of Garden City Recreation Club Page 5 pc~ Allen Rifendifer, President Garden City Recreation Club Richard L. Kelley, Asst. Supt. for Operations, Roanoke City Public Schools City Attorney Director of Finance Director of Public Works Manager, Office of Management and Budget City Engineer Risk Management Officer Manager, Parks & Recreation Citizens Request for Services Parks Planner C:\WPW IN6ll~DOC S\VER NON~GCRECLUB.RI~Q GARDEN CITY NEIGHBORHOOD PARK COMMITTEE July 7, 1997 W. Robert Herbert, City Manager City of Roanoke 215 Church Avenue, S.W., Room 364 Roanoke, VA 24011-1591 Dear Mr. Herbert: The Garden City Neighborhood Park Committee was formed as a result of several requests that had been made to the Roanoke City Parks and Recreation Department for proposed development projects in Garden City Park. The members of the ad hoc delegation was composed of representatives that could be impacted by the proposals. Please refer to the attached list of members. The purpose of the committee was to evaluate the park related proposals and attempt to address or resolve questions before submitting a recommendation to the city for action. Initially the Garden City Recreation Club forwarded a communication dated March 18, 1996 to Roanoke City Parks and Recreation seeking permission to construct a concession/storage/restroom building and install a practice batting cage in Garden City Park. On May 8, 1996, a meeting was conducted with members of Parks and Recreation staff, Garden City Recreation Club and Garden City Civic League to review the proposal in more detail. Many questions and concerns were raised and a second meeting was held on August 1, 1996 after researching some of the issues brought forward during the first meeting. Due to the magnitude of the proposal and the impact that the projects could have on the Garden City Community, it was decided to have a public informational meeting in order that the residents would be aware of the proposal and have an opportunity to comment. On September 26, 1996, a Garden City Neighborhood Meeting was held at Garden City Elementary School and was attended by approximately sixty (60) interested people. As a result of the neighborhood meeting it was agreed that a representative group of attendees would be convened to review the issues and that an independent facilitator would conduct the group ~neetings. C:~WPWI N6OX, DOCS~V ERNON~GA R D~N.(21T~H ERT~ERT, LET W. Robert tterbert, City Manager July 7, 1997 Page 2 Since March 1997, the members of the Garden City Neighborhood Park Committee have met on five (5) occasions in an effort to present a recommendation that represents the best interests of the community. In addition to the proposed building and batting cage, several other projects surfaced for consideration such as a retaining wall to control erosion, a paved path that would connect the existing walks, a picnic shelter, different uses for the tennis courts and other potential park activities. The committee decided early in the process to evaluate each project based upon concerns that may be encountered. Those issues included: parking, traffic flow, funding, vandalism, impact on adjacent property owners, utilities, drainage, maintenance, permits and regulations. The Garden City Neighborhood Park Committee is pleased to report that it does endorse the proposal that would allow the Garden City Recreation Club to construct a concession/storage/restroom building and a practice batting cage in Garden City Park. This recommendation is being offered for your consideration and approval in a timely manner so that it may be forwarded to Roanoke City Council for formal action on July 21, 1997 at the 7:00 p.m. public hearing. The committee recognizes that there are several other park related issues and uses that will require additional work by some committee members, the community and the city. However, it was determined by the committee, that by seeking the approval of this recommendation first, it would be a vital step in moving forward with the process and in making Garden City Park a better place for all to visit and enjoy. Your favorable regard for the recommendation presented by this committee will be appreciated. Sincerely, Steven B. Mullen Chairperson Attachment CC2 Garden City Neighborhood Park Committee Members William F. Clark, Director of Public Works C:~WPWIN60~DOCS~,VERNON\GARDEN.CiT~HERTi~ERT. LET Garden City Neighborhood Park Committee Members Reverend Don McCaskill Garden City Baptist Church 1417 Glenwood Drive, SE Roanoke, Virginia 24014 (540) 427-0613 H Ann Talton, Principal Garden City Elementary School 3718 Garden City Blvd., SE Roanoke, Virginia 24014 (540) 853-2971 W Steve Mutlen Garden City Recreation Club 3157 Ventnor Road, SE Roanoke, Virginia 24014 (540) 427-1536 H Russell Sowers Garden City Recreation Club 3552 Ycllow Mountain Road, SE Roanoke, Virginia 24014 (540) 427-1792 H Farley Childress Garden City Civic League 1378 Thomason Road Roanoke, Virginia 24014 (540) 427-0974 H Charles Hancock Garden City Civic League 1016 Estates Road, SE Roanoke, Virginia 24014 (540) 427-0769 H Ruth Janney Adjacent Property Owner 3629 Ventnor Road, SE Roanoke, Virginia 24014 (540) 427-0155 H John Lovem Adjacent Property Owner 3711 Ventnor Road, SE Roanoke, Virginia 24014 (540) 427-5028 H Mr. Timothy B. Wortman Adjacent Property Owner 1349 Hillview Ave., SE Roanoke, VA 24014 (540) 427-2115 H (540)981-0205 W Ms. Linda Ferguson Facilitator 2741 Gordon Brook Drive Roanoke, VA 24014 (540) 427-1980, (540) 427-0939 Fax John W. Coates, Manager City of Roanoke, Parks & Recreation 210 Reserve Avenue, SW Roanoke, Virginia 24016 (540)981-2236 W Lynnis B. Vernon, Parks Planner City of Roanoke, Parks & Recreation 210 Reserve Avenue, SW Roanoke, Virginia 24016 (540) 981-1166 W C:\WPWIN60'~DOCS~L1STS\GC.COM 07-08-1997 03: 50PM Roanoke GARDEN CIIY ELEIIENTARY 5~0 853 1237 P.01 City Public ScJaools Garden Ci~ Elementary School ;37t8 Garden City Blvd., 5. E. Roanoke, Virginia 24014 TO: FROM: KE: DATE: City Council John Coates Lynn Vernon Ann Talton Improvements to Gsrden City Neighborhood Park July 7, 1997 This purpose of this letter is to demonstrate our support at Garden City Elementm7 School for thc proposal being submitted to hnprove the Garden City Neighborhood Pa~k. As a member of the Neishborhood Parks Cmmnittee, I see the benefit for our students, the Garden City Rec Club, Civic League, and community members in the proposed construction of'the walking path, retaining wall, and concession stand. I would also support any future plans by the Recreation Department or Civic League for programs for youth and adults, and the consideration by the committee for futu[e expansion of the park to include picnic tables, basketball, tennis, and hockey facilities. I support the adoption of the proposal for the improvements to the park and sincerely ask that City Council consider the request. Tlmnk you, Ann Talton Principal Excellence in Education TOTAL P. 01 p ost Office Box 8031 Roanoke, Virginia 24014 March 18, 1996 Mr. John W. Coates Manager Roanoke City Parks & Recreation 2 I0 Reserve Avenue, SW Roanoke, VA 24016 Dear Mr. Coates: The Garden City Recreation Club was formed in 1968 to provide a variety of quality youth athletic and recreational activities and opportunities for boys and girls from ages 6 to 17. Our nonprofit organization currently offers programs in Baseball, T-ball, Softball, Soccer, Basketball and Cheerleading for youngsters living in the Garden City area of the City. We register approximately 350 children a year in our various programs. The organization has utilized the Garden City Park ballfield for our soccer, softball and baseball practices and games for over 27 years. The City recently improved the site by: constructing a new play area; replacing the backstop and fencing; and providing new wooden stairs from the school to the park. Our purpose in writing you is to express the appreciation of this Club for the improvements that have been made and to formally request permission from the City of Roanoke to allow our organization to construct a concession/storage/restroom building at the Garden City Park ballfield behind the baseball backstop and install a practice batting cage parallel to the third base fence line. The proposed building would address a pressing need of ours to have sufficient space for the storage of off season equipment. The ability to provide concessions at ball games would also help to offset some of our program expenses. We are willing to work closely with the various City departments to insure that the design and construction of the building will be adequate for our needs, safe for the users and attractive for the neighborhood. Towards this project, the Club has budgeted $7,000.00 for the purchase of building materials, and we have obtained the commitment from a number of local contractors and volunteers willing to donate their time, labor, equipment and materials. C:~,WPW I N 60~ DOCS~ V F~R N ON~,O A R D B N.C IT~C~C. R Fj~ Mr. John W. Coates March 18, 1996 Page 2 We believe that the proposed additions will enhance the overall quality of our programs, vastly improve the use of the facility and benefit thousands of participants and sponsors in the Garden City area of the City. Your utmost consideration in granting permission to the Garden City Recreation Club to construct the concession/storage/restroom building and install a practice batting cage at the Garden City Park will be greatly appreciated. Should you, any Council Member or the City Staff have any questions or require additional information with regard to our request, please do not hesitate to call me at (540) 427-1536. Sincerely, Steven B. Mullen Acting President CC~ W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney William F. Clark, Director of Public Works C:'~WPWIN60~DOC~WERNON\GARDEN.CIT~GC. REQ RANDALL WEBB PLUMBING, INC. 3734 VENTNOR RD., S.E. ROANOKE, VA. 24014 GARDEN CITY RECREATION CLUB P.O. BOX 11012 ROANOKE, VA. 24014 DATE: APRIL 2, 1997 RE: CONCESSION STAND FOR GARDEN CITY PARK I Randy Webb will provide all Plumbing and related materials including fixtures necessary for two restrooms and materials needed for the kitchen pertaining to the Garden City concession stand. I will also provide piping for outside sewer and water lines. I will not be responsible to cross the road with this pipe or fumish the hook ups necessary to complete this job. S incere~/~ ~(,3~ Randall Webb Plumbing DOMINION RENOVATIONS P.O. Box 21689 Roanoke, Virginia 24018 774-3300 April 10, 1997 To Whom it May Concern, We have been retained by the Garden City Recreation Club as a general contractor to oversee the construction of a 2 story concession / storage facility. We are a class "A" contractor license # 2705 036090A. Very truly yours, /Oames McFadyen, President JM/tg SOUTHERN LIMITED ELECTRICAL COMPANY 33 I 5 GARDEN CItY BLVD. ROANOKE, VIRGINIA 2z~OI 4 (5ao}a27-01ao FAX:(540)a;>7.Olal April 14, 1997 Russell Sowers with Garden City Rec. Club Reference: Electrical for new concession stand. O11: (703) 427-0140 VA. REG #15534 Res: {7/~3) 427-1946 N.C. F~03) 427-0141 RE(~824 HERMAN HARTMAN, JR. LOIS S. HARTMAN 1650 IMLAY AVE. S.E, ROANOKE, VIRGINIA 24014 Russell, this is to advise the Rec. Club that we, Southern Limited Electrical Company will donate labor and materials for the proposed new concession stand at the Garden City field. We will provide a new service panel for the building, to be hooked up by the City of Roanoke in the new equipment room. For your information ' Herman M. Hartman Jr. d.b.a./Southern Limited Electrical Company Class "A" contractor State license #15534 Thank You, Matt l-lin [ii, ail MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: 1540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File #51 Carolyn H. Furrow, Attorney Price-Perdue Building, Suite 301 Five East Court Street Rocky Mount, Virginia 24151 Dear Ms. Furrow: I am enclosing copy of Ordinance No. 33516-080497 rezoning a 1.96-acre tract of land located on Orange Avenue, N. E., (Route 460 East), described as Official Tax No. 7140114, from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, July 21, 1997, also adopted by the Council on second reading on Monday, August 4, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~,GENDA.g'/~AUG.4 Carolyn H. Furrow, Attorney Price-Perdue Building, Suite 301 August 7, 1997 Page 2 pc: Old Dominion Auto Salvage, Inc., Route One, Box 198. Rustburg, Virginia 24588 Mr. Ivan M. Green, 6981 Bent Mountain Road, S. W. ~';oanoke, Virginia 24018 Mr. Douglas E. Caton, P. O. Box 5608, Charlottesville, Virginia 22905 Hickory Woods Apartments, L.L.C., 102 S. First Street, Suite 301, Charlottesville, Virginia 22902 Mr. Wayne C. Gould, c/o Roanoke Gravely Sales, 3042 Orange Avenue, N. E., Roanoke, Virginia 24012 F & D Land Co., P. O. Box 8636, Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Nancy J. Brown, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Avenue, S. W., Roanoke, Virginia 24014 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission H:~AGENDA. g7~AUQ.4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 1997. No. 33516-080497. AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 714, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, GFW Corporation, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on July 21, 1997, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 714 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain 1.96-acre tract of land located on Orange Avenue, N.W. (Rt. 460 East), and designated on Sheet No. 714 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 7140114, be, and is hereby rezoned from LM, Light Manufacturing District, to C-2 General Commercial District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on June 3, 1997, subject to any changes required by the City during site plan review, and that Sheet No. 714 of the Zone Map be changed in this respect. ATTEST: City Clerk. P ,/IRGINIA, CHARTERED 1882~ Department of Planning and Community Development Planning Division July 21, 1997 The Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from GFW Construction, represented by Carolyn H. Furrow, Attorney, that property located on Orange Avenue, N. E., containing approximately 1.96 acres, and bearing Official Tax No. 7140114 be rezoned from LM, Light Manufacturing District to C-2, General Commercial District, such rezoning to be subject to certain conditions. I. Background: Petition to rezone from LM to C-2 was filed on 5/8/97. Purpose of the rezoning request is to allow the construction of a retail commercial building. First Amended Petition to rezone was filed on 6/3/97. Proffered conditions of the rezoning are: That the property will be developed in substantial conformity with the development plan prepared by Lang Engineering, dated 5/8/97, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. That the property will not be used for a neighborhood or highway convenience store, a fast-food restaurant, or outdoor advertisin~ Co Planning Commission public hearing was held on 6/4/97. Mrs. Carolyn Furrow, Attorney, represented the petitioner and presented the rezoning request to the Commission. Mr. Wayne Gold, adjacent property owner, addressed the Commission in support of the rezoning. He advised that the property was unsightly now and that retail development would be an improvement. He expressed his concern for removing rock on the property, as he wanted to ensure that his existing building would not be adversely affected. The Planning Commission voted 6-0 to approve the rezoning from LM to C-2. Messrs. Butler, Chrisman, Manetta, Rife and Mrs. Coles and Duerk voted in favor of the motion; Mr. Hill was absent. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 II. Issues: Ao Zoning of the property is currently LM. Light Manufacturing. Adjacent zoning on the same side of Route 460 is LM. Zoning across Route 460 is RM-2 and C-2. Bo Land use of the subject property is vacant land_ Adjacent land uses include a restaurant, multi-family apartments, Statesman Industrial Park, and other industrial and commercial uses along the highway corridor. Utilities for water, sewer, and storm water are available within the Route 460 corridor. Do Transportation improvements tO Route 460 are planned for the future The 1995- 2015 Thoroughfare Plan recommends a widening of the highway to at least six lanes with a right-of-way width of 120 feet. Although the widening is not currently in the City's Six Year Improvement Plan, the project is considered a number one priority and is expected to be designed and implemented within the next ten years. Access to the subject property will have to be provided by the existing highway configuration; no additional median cuts will be permitted. Eo Industrial land within the Ciw, and particularly in the Route 460 corridor, has been identified as an important asset for future development, employment, and tax revenue. Conservation is advocated for valuable industrial land and quality industrial development is encouraged. The City recently expanded its Urban Enterprise Zone in this area which provides additional local and state incentives to industrial businesses. Fo Neighborhood organization of this area is the Wildwood Civic League. They have been notified of this rezoning request. Staffhas discussed the proposal with a representative. At present, no concerns have been identified. G. Comprehensive Plan recommends that: Because of the limited amount of existing industrially zoned land in Roanoke, the comprehensive plan and related ordinances should protect these areas by restricting uses to only industrial categories. Commercial, industrial, and residential growth and development should be encouraged through public and private actions to ensure a strong and diversified economic base and employment opportunities for all of Roanoke's citizens. ° Development of new or existing commercial and industrial areas in the city should be carefully planned and designed to promote quality development and good land use. Members of Council Page 3 III. Alternatives: A. City Council approve the rezoning request. Zoning of the sub_iect property is changed from LM to C-2 with conditions which address the manner in which development occurs on the property and limits some higher intensity commercial uses. The proffered reversion clause should be removed from the request, as it has been determined that such clauses are not enforceable. Land use of the property is restricted tO development according to the proffered plan. The property may not be used for a fast food restaurant, Convenience store and outdoor advertising. Utilities are available and required storm water management can be accommodated. Transportation improvements planned for Route 460 can be accommodated within the existing right-of-way. It appears that the required setbacks for the building and parking can also be accommodated. East-bound access to the property_ will be difficult in that there is no direct median cut to service the proposed development and a future cut will not be permittedl Industrial land is this area can be valuable. However, the subject property is not considered ideal industrial land due to its topography and its proximity to commercial development along Ronte 460. Neighborhood organization has not provided any official comments on this rezoning request. 7. Comprehensive Plan can be followed, B. City_ Council deny the rezoning request. 1. Zoning of the property remains LM. Adjacent zoning is LM. 2. Land use of the property would continue to be restricted to industrial uses. 3. Utilities still available. 4. Transportation improvements could still be accommodated. 5. Industrial land conserved. Members of Council Page 4 6. Neighborhood not affected. 7. Comprehensive Plan could still be followed. IV. Recommendation: Planning Commission recommended by a vote of 6-0 (Mr. Hill absent) that City_ Council approve the proposed rezoning request. The proffered conditions address future development and use of the property. The proposed zoning change is consistent with adjacent land uses and development patterns on Route 460. Although the property is located within the City's Urban Enterprise Zone, the subject property is not particularly valuable for industrial development. Respectfully submitted, Gilbert E. Butler, Jr., Chairman Roanoke City Planning Commission The Roanoke Times Ad Number: 70391562 Publisher's Fee: $115.20 CAROLYN H. FURROW, ESQ PRICE-PERDUE BLDG, 301 5 EAST COURT STREET ROCKY MOUNT, VA 24151 RECEIVED CITY CLERKS OFF)CF 'gl' AUG 12 P2:20 STATE .of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 07/03/97 FULL RUN - Thursday 07/10/97 FULL RUN - Thursday Witness, this 14thday of July 1997 Authorized Signature NOTICE OF PUBUC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter' 36.1, Code of the City of Roanoke (1979), as amended, the Coun. cji of the City of Roanoke will held a Public Hearing on Mon- day, July 21, 1997, at 7.'~ p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., o~ the question of rezoning from LM, Light Manufacturing District, to C-2, General Commercial Dis. trict, the follOWing property: That certain 1.96-acre tradt of land located on Orange Ave- nue, N.E. (Rt. 460 East), and bearing Official Tax No. 7140114, subject to certaln proffered conditions. A copy of this proposal ts avail- able fo~ pub/lc inspection in the Office of the City Cle~, Room 456, Mub/clpal BUilding. All pm~les In interest may appear on the above date end he heard on the question. GIVEN under my hand this 1st day of July, 1997. Mary F. Parker, C/ty Clerk (591562) ROANOKE TIMES Ad Number: Publisher's Fee: STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: NOTICE OF PUBUC HEARING TO WHOM IT MAY CONCERN: Pursuant to the previsions of Article VII of Chapter 36,1, Code of the City of Roanoke (1979), as amended, the Coun- cji of the City of Roanoke will hold · Pu~ic Heedng on Mom day, July 21, 19~?, at 7:00 p.m., In the Council Chamber in the Muololpal Building--2,15 Chumh Avenue, S.W, on the questlo~ of rezonlng from LM, Ught Monuf~ District, to C-2, ~ Commembl ~at certa~ 1.96-acre tract of land located on Orange Ave- hue, N~E. (Rt. 460-East), ond bearing Official Tax No. 7140114, m~ to certain proffered conditions. A copy of this proposal is avolJ- able for public In~ponflon in the 456, Municipal Building. All parth~ in interest may appear GIVEN under my hand ~ 1st ~ay ef July, 1997. Mary F. Parker., Cl~ Clink (591562) Witness, this ~1 day of-1'~ , ~_~_. Authorized Signature , Classified Sales Manager NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, July 21, 1997, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from LM, Light Manufacturing District, to C-2, General Commercial District, the following property: That certain 1.96-acre tract of land located on Orange Avenue, N.E. (Rt. 460 East), and bearing Official Tax No. 7140114, subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this lst day of July , 1997. Mary F. Parker, City Clerk. Publish in the Roanoke Tribune, once on Thursday, July 10, 1997. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Carolyn H. Furrow, Attorney Price-Perdue Building, Suite 301 Five East Court Street Rocky Mount, Virginia 24151 Publish in the Roanoke Times, once on Thursday, July 3, 1997, and once on Thursday, July 10, 1997. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Carolyn H. Furrow, Attorney Price-Perdue Building, Suite 301 Five East Court Street Rocky Mount, Virginia 24151 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 2, 1997 File #51 Carolyn H. Furrow, Attorney Price-Perdue Building, Suite 301 Five East Court Street Rocky Mount, Virginia 24151 Dear Ms. Furrow: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing to be held on Monday, July 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of GFW Construction that a 1.96-acre tract of land located on Orange Avenue, N. E., (Route 460 East), described as Official Tax No. 7140114, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the request for rezoning. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Agent, City Planning Commission, at 853-2344. H:~REZONING.9/~ U LY.WPD Carolyn H. Furrow, Attorney Price-Perdue Building, Suite 301 July 2, 1997 Page 2 It will be necessary for you, or your representative, to be present at the July 21 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~RIEZONING.OT~JU/Y.WPD MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 2, 1997 File #51 Carolyn H. Furrow, Attorney Price-Perdue Building, Suite 301 Five East Court Street Rocky Mount, Virginia 24151 Dear Ms. Furrow: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing to be held on Monday, July 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of GFW Construction that a 1.96-acre tract of land located on orange Avenue, N. E., (Route 460 East), described as Official Tax No. 7140114, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. The City Planning Commission has recommended approval of the request inasmuch as the proffered conditions address future development and use of the property. The proposed zoning change is consistent with adjacent land uses and development Patterns on Route 460. Although the property is located within the City's Urban Enterprise Zone, the subject property is not particularly valuable for industrial development. A copy of the City Planning Commission report may be obtained by calling the City Clerk's Office at 853-2541. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~REZONING.gT~JULY.WPO Carolyn H. Furrow, Attorney Price-Perdue Building, Suite 301 July 2, 1997 Page 2 pc: Old Dominion Auto Salvage, Inc., Route One, Box 198, Rustburg, Virginia 24588 Mr. Ivan M. Green, 6981 Bent Mountain Road, S. W., Roanoke, Virginia 24018 Mr. Douglas E. Caton, P. O. Box 5608, Charlottesville, Virginia 22905 Hickory Woods Apartments, L.L.C., 102 S. First Street, Suite 301, Charlottesville, Virginia 22902 Mr. Wayne C. Gould, c/o Roanoke Gravely Sales, 3042 Orange Avenue, N. E., Roanoke, Virginia 24012 F & D Land Co., P. O. Box 8636, Roanoke, Virginia 24014 H:~REZONINQ.gT~JULY.WPO FIRST AMENDED PETITION CAROLYN H. FURROw Aaamey al Law Rocky M~nL Va 24151 .~N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying on Route 460 East, tax map #7140114, from L- M to C-2, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYORANDMEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, GFW Construction, is the contract purchaser of land in the City of Roanoke containing 1.96 acres, more or less, located on Route 460 East, Tax Map # 7140114. Said tract is currently zoned L-M. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from L-M District to C-2 District, subject to certain conditions set forth below, for the purpose of constructing a building which will house up to two retail shops such as a carpet outlet and a shop which will sell goods, including clothing. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City,s Zoning Ordinance and its comprehensive plan, in that it will create a viable retail use in an area where retail type businesses are appropriate. The tract is currently vacant. The Petitioner recognizes the City's desire to maintain L-M zoned property but believes that this property is unsuited to L-M uses because of factors such as size and topography. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the development plan prepared by Lang Engineering, dated 5/8/97, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. 2. That the property will not be used for a neighborhood or highway convenience store, a fast-food restaurant or outdoor advertising. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of ~t~ 997. ' .AROLYN H. FURROW A{lomeyatLaw oc~yMount. Va 24151 Respe~ submitted, Carolyn H. Furrow By: ~ ~{.~ ~.~_~~~Co~u~se/~l~_) Attorney at Law Price-Perdue Building, Suite 301 5 East Court Street Rocky Mount, VA 24151 (540) 483-1216 -2- ,T, AROLYN H. FURROW Ntomey at Law ~oc~y Mount. Va 24151 Glenn Frith, President GFW Construction Company P.O. Box 48 1009 Heatherwood Drive Boones Mill, VA 24065 -3- 0 I 0 © EXHIBIT C ADJOINING PROPERTY OWNER LIST Official Tax Number 7140110 7140123 7090409 7090522 7090521 7140112 Owner's Name and Mailinq Address Old Dominion Auto Salvage, Inc. Route 1, Box 198 Rustburg, VA 24588 Ivan M. Green 6981 Bent Mountain Road Roanoke, VA 24018 Douglas E. Caton P.O. Box 5608 Charlottesville, VA 22905 Hickory Woods Apartments, LLC 102 S. First Street, Suite 301 Charlottesville, VA 22902 same as above Old Dominion Auto Salvage, Inc. 2948 Orange Avenue Roanoke, VA 24012 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk June 4, 1997 File #51 Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Carolyn H. Furrow, Attorney, representing GFW Construction Co., requesting that a tract of land located on Route 460 East, identified as Official Tax No. 7140114, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Gilbert E. Butler, Jr., Chair City Planning Commission June 4, 1997 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Carolyn H. Furrow, Attorney, Price-Perdue Building, Suite 301, Five East Court Street, Rocky Mount, Virginia 24151 Glenn Frith, President, GFW Construction Co., P. O. Box 48, 1009 Heatherwood Drive, Boones Mill, Virginia 24065 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney CAROLYN H. FURROW Attorney at Law Rocky Mount, Va 24151 FIRST AMENDED PETITION IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of a tract of land lying on Route 460 East, tax map #7140114, from L- M to C-2, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, GFW Construction, is the contract purchaser of land in the City of Roanoke containing 1.96 acres, more or less, located on Route 460 East, Tax Map # 7140114. Said tract is currently zoned L-M. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from L-M District to C-2 District, subject to certain conditions set forth below, for the purpose of constructing a building which will house up to two retail shops such as a carpet outlet and a shop which will sell goods, including clothing. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will create a viable retail use in an area where retail type businesses are appropriate. The tract is currently vacant. The Petitioner recognizes the City's desire to maintain L-M zoned property but believes that this property is unsuited to L-M uses because of factors such as size and topography. The Petitioner hereby proffers and agrees that if the CAROLYN H, FURROW Attorney at Law Rocky Mount, Va 24151 said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the development plan prepared by Lang Engineering, dated 5/8/97, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. 2. That the property will not be used for a neighborhood or highway convenience store, a fast-food restaurant or outdoor advertising. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of ~_ , 1997. Carolyn H. Furrow Attorney at Law Respec~ submitted, By:/ t ~//~(~/Cou-nse]-- - Price-Perdue Building, Suite 301 5 East Court Street Rocky Mount, VA 24151 (540) 483-1216 -2- CAROLYN H. FURROW Attorney at Law Rocky Mount, Va 24151 G%enn Frith, President GFW Construction Company P.O. Box 48 1009 Heatherwood Drive Boones Mill, VA 24065 -3- 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, June 4, 1997, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., in order to consider the following: Application to amend Section 36.1-428. Zoning. Code of City of Roanoke, 1979, as amended, by creating item (d) relative to restricting the number ofungaraged motor vehicles that can be parked or stored on a lot in the RS-3; residential single-family district. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, Municipal Building. All 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 print in newspaper on Tuesday, May 20, 1997 and Tuesday, May 27, 1997 Please send bill and affidavit to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S. W. Roanoke, VA 24011 (540) 853-1230 (fax) TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: GFW Construction for a tract of land on Orange Avenue, N.E )AFFIDAVIT Official Tax No. 7140114, rezoned from LM to C-2, conditonal) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to 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 Section 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 May, 1997, notices of a public hearing to be held on the 4th day of June, 1997, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 7140110 7140112 7410123 Owner's Name Old Dominion Auto Salvage, Inc. Ivan M. Green 7090409 Douglas E. Caton 7090522 7090521 7140115 7090502 Hickory Woods Apartments, LLC Wayne C. Gould c/o Roanoke Gravely Sales F & D Land Co. Mailing Address Route 1, Box 198 Rustburg, VA 24588 6981 Bent Mountain Road Roanoke, VA 24018 P. O. Box 5608 Charlottesville, VA 22905 102 S. First Street, Suite 301 Charlottesville, VA 22902 3042 Orange Avenue, NE Roanoke, VA 24012 P. O. Box 8636 Roanoke, VA 24014 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of May, 1997 k.~ Notary Public 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, June 4, 1997, at 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from GFW Construction, represented by Carolyn H. Furrow, attorney, that property located on Orange Avenue, N.E., containing approximately 1.96 acres, and bearing Official Tax No. 7140114 be rezoned from LM, Light Manufacturing District to Co2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, Municipal Building. All 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 print in newspaper on Tuesday, May 20, 1997 and Tuesday, May 27, 1997 Please bill: Carolyn H. Furrow Attorney at Law Pdce-Perdue Building, Suite 301 5 East Court Street Rocky Mount, VA 24151 (540) 583-1216 Please send affidavit to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) John R. Marlles, Agent City Planning Commission May 14, 1997 Page 2 pc: The Honorable Mayor and Members of the Roanoke City COuncil Carolyn H. Furrow, Attorney, Price-Perdue Building,,Suite 301, Five East Court Street, Rocky Mount, Virginia 24151 Glenn Frith, President, GFW Construction Co. P. O. Box 48, 1009 Heatherwood Drive, Boones Mill, Virginia 24065 ' Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, vIRGINIA IN RE: Rezoning of a tract of land lying on Route 460 East, tax map #7140114, from L-M to C-2, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, GFW Construction, is the contract purchaser of land in the City of Roanoke containing 1.96 acres, more or less, located on Route 460 East, Tax Map # 7140114. Said tract is currently zoned L-M. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from L-M District to C-2 District, subject to certain conditions set forth below, for the purpose of constructing a building which will house up to two retail shops such as a carpet outlet and a shop which will sell goods, including clothing. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will create a viable retail use in an area where retail type businesses are appropriate. The tract is currently vacant. The Petitioner recognizes the City's desire to maintain L-M zoned property but believes that this property is unsuited to L-M uses because of factors such as size and topography. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the development plan prepared by Lang Engineering, dated 5/8/97, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. 2. That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to L-M without further action by City Council. 3. That the property will not be used for a convenience store, a fast-food restaurant or outdoor advertising. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~%~ day of ~~ , 1997. Respectfully submitted, Carolyn H. Furrow Attorney at Law Price-Perdue Building, Suite 301 5 East Court Street Rocky Mount, VA 24151 (540) 483-1216 2 Glenn -Fi~i~, Pres£dent GFW Construction Company P.O. Box 48 1009 Heatherwood Drive Boones Mill, VA 24065 -3- EXHIBIT C ADJOINING PROPERTY OWNER LIST Official Tax Number 7140110 7140123 7090409 7090522 7090521 7140112 Owner's Name and Mailinq Address Old Dominion Auto Salvage, Inc. Route 1, Box 198 Rustburg, VA 24588 Ivan M. Green 6981 Bent Mountain Road Roanoke, VA 24018 Douglas E. Caton P.O. Box 5608 Charlottesville, VA 22905 Hickory Woods Apartments, LLC 102 S. First Street, Suite 301 Charlottesville, VA 22902 same as above Old Dominion Auto Salvage, Inc. 2948 Orange Avenue Roanoke, VA 24012 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE c~y C~rk Sandra H. Eakin Deputy City Clerk August 7, 1997 File #367 Wilbum C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: At a regular meeting of the Council of the City of Roanoke on Monday, August 4, 1997, you were instructed to prepare the proper measure memorializing the late William W. Field for consideration by Council at its next regular meeting on Monday, August 18, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm H:~GENDA.97~AUG.4 WlLBUR~ C. DIBLING, ~ITY ATFORN ~:Y CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 2401 I- 1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E- MAIL:citya~ty ~ci.roanoke. va. us WILLIAM X PARSONS STEVEN J. TALE'fl GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY A'I'FORNEYS August 29, 1997 Paul Farreil, Environmental Engineering Consultant Virginia Department of' Environmental Quality 629 East Main Street Richmond, VA 23219 Re~ Permit-By-Rule No. 105, BFI Roanoke Valley Materials Recovery Facility, City of Roanoke Dear Mr. Farrell: I wish to thank you for talking with my office last week concerning the above matter. As you know fi.om that conversation, the City has received citizen complaints concerning the 13FI facility located at 341 24th Street, NW, in the City of Roanoke. The City has also just recently been made aware that BFI has requested an amendment to its current permit to allow it to increase the tonnage of solid waste handled at the facility fi.om 210 tpd to 350 tpd. Please note that the City objects to this permit amendment. When the City was originally asked to provide a certification for the facility, it was the City's understanding that the facility would be used as a recycling facility and not as a transfer station. It should also be noted that certification fi.om the City was dated June 27, 1994, while the application fi.om BFI was not filed until July 1996, over two years after the request for certification. The City questions whether such certification would still be valid two years aRer it was given. Furthermore, the certification refers to the facility as a materials recovery facility, which the City's Zoning Administrator, who signed the certificate, understood to be a recycling facility that was being requested by BFI. The City understands that the BFI facility is possibly being used' as a transfer station for solid waste as opposed to a recycling facility, something that the City never consented to or certified. In view of the above questions and issues, the City respectfully requests DEQ to determine if the BFI facility is being used in accordance with its permit fi.om DEQ and to advise the City if DEQ considers the certification from the City to be a valid certification in light ofthe fact that it was over two years old when the BFI application was submitted to DEQ. The City would like to know if the City can withdraw the certification, should the City deem that appropriate, and what procedures would be used to withdraw the certification. The City is also currently undertaking a review of the zoning issues and land use concerning the current use of the facility by BFI. Paul Fan'ell, Environmental Engineering Consultant Page 2 August 29, 1997 As mentioned above, the City objects to the amendment of the BFI permit to increase the tonnage at the facility. Please advise us what further actions the City needs to take to note its objection this amendment and if any hearing may be requested. I understand that you will see that this matter is given prompt attention and appreciate your assistance in this matter. If you have any questions, please contact me. Wilburn C. Dibling, Jr. City Attorney WCDj/GET/Isc cc: Christopher Gee, BFI Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk August 7, 1997 File #132-144-199-282-322 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Gentlemen: At a regular meeting of the Council of the City of Roanoke on Monday, August 4, 1997, Council Member Swain referred to operations of BFI Roanoke Valley Materials Recovery Facility, 341 24th Street, N. W., and expressed concern with regard to a compliance report prepared by the Virginia Department of Environmental Quality in which the facility received numerous marginal or unsatisfactory ratings. He called attention to concerns expressed by residents of the area regarding dust and odor from the facility, and alluded to a request of BFI to increase the processing of refuse from approximately 210 tons to 350 tons per day. He requested that the City Manager investigate the matter and obtain a clarification of definitions of criteria set forth in the DEQ compliance report. Vice-Mayor Wyatt inquired as to whether BFI is in compliance with its license permit to operate as a recycling facility. On motion, duly seconded and adopted, the matter was referred to you to take the necessary actions to protect the interests of the citizens of the City of Roanoke. Sincerely, Ma~ F.~p rker~,' CMC/AAE City Clerk MFP:sm pc: Rose M. Woodford, Executive Secretary, City Manager's Office H:~AGF. NDA. gT~UG,4 WILBURN C. DIBLING, JR. CITY A'I~ORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-243 I FACSIMILE: 540-853-1221 E-MAIL:cityat~y @ ci.roanoke, va.us RECEIVED CITY CLERKS OFFICE '97 x STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY A'~'ORNEYS August 29, 1997 The Honorable Carroll E. Swain Member, City Council 3434 Kershaw Road, NW Roanoke, VA 24017 Re: Permit-By-Rule No. 105, BFI Roanoke Valley Materials Recovery Facility, City of Roanoke Dear Colonel Swain: Regarding the concerns you expressed about the compliance inspection report from the Virginia Department of Environmental Quality dated May 21, 1997, in the above matter, my office has had,an opportunity to talk with the inspector who prepared the report, Katherine Glass. According to the information provided by Ms. Glass on August 21, 1997, the BFI facility received the maximum number of points available for compliance with its permit. This entitled it to a satisfactory rating, the highest rating available on the report. Ms. Glass indicated that no violations were noted during the inspection, and no points were deducted because no deficiencies were detected by the inspector. The report form is confusing. However, Ms. Glass said that the explanation of the criteria letters under the note indicates that an "M" under the heading "criteria," means "maximum point value available." BFI received the maximum points allowed during the May 21, 1997, inspection. Ms. Glass informed my office that an inspection of the facility was recently completed on August 6, 1997, and the BFI facility again received the maximum points available. There was one comment that would be noted in the report to be issued that the facility needed to keep the dust down across the road where the trucks are parked, but Ms. Glass indicated that BFI was going to take care of that problem and no points were deducted for that item. Ms. Glass further stated that she had not received any complaints about the BFI facility and that she was only aware of one complaint that involved air quality. That complaint was handled by the local DEQ inspector for air quality last spring. That inspector brought it to BFI's attention, the problem was corrected, and he closed the complaint as being resolved. If the citizens detect any problems with the BFI facility, they should make the DEQ aware of those problems by contacting the inspector, Ms. Katherine Glass, at the local DEQ office, telephone number 562-6700, and reporting any problems to that office. The Honorable Carroll E. Swain Page 2 August 29, 1997 This office is currently reviewing zoning and land use issues as to the BFI facility with the Zoning Administrator. The issue is whether the activities being conducted at the BFI facility are in compliance with the current zoning ordinance. This may require further investigation of the facility and a determination of the facts and substance of any complaints about the facility by the Zoning Administrator. I have written the DEQ, advising it of the City's concern about this facility. The letter specifically puts the City on record as objecting to expansion of the facility. A copy of that letter is enclosed.~for your information. If you have any questions or need any further information, please contact me. With kindest personal regards, I am Sincerely yours, Wiiburn C. Dibling, Jr. City Attorney WCDj/GET/Isc Enclosure cc: The Honorable David A. Bowers, Mayor and Members of Council W. Robert Herbert, City Manager Mary F. Parker, City Clerk William F. Clark, Director, Public Works Kit B. Kiser, Director, Utility and Operations John R. Marlles, Chief, Planning Evelyn Dorsey, Zoning Administrator Steven J. Talevi, Assistant City Attorney Gary E. Tegenkamp, Assistant City Attorney