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Council Actions 09-17-90
Bowers (30230) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL September 17, 1990 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. All Present. The invocation will be delivered by The Reverend T. R. King, Pastor, Valley Christian Center. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. Presentation of the 1990 State of the City Address. The Honorable Noel C. Taylor, ~ayor. Recommendations 1-6 were referred to the City Manager for review and report to Council. A Proclamation proclaiming September 17 - 21, 1990, as ROANOKE'S NEIGHBORHOOD WEEK in the City of Roanoke. Consideration of Messrs. Charles W. Day and Del¥is 0. McCadden to fill a vacancy on the Roanoke City School Board created by the resignation of Mr. E. Clabon Edwards for a term ending June 30, 1993. Mr. Charles W. Day was appointed by unanimous vote of the Council. BID OPENINGS Bids for realignment and reconstruction of Thirlane Road, N. W., from Peters Creek Road (Route 117) for approximately 1.6 miles. Eight bids were referred to a committee composed of Messrs. White, Chairman, Clark and Kiser for tabula- tion, report and recommendation to Council. CONSENT AGENDA (Approved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE (1) MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meetings of Council held on Monday, May 7, 1990; ~onday, May 14, 1990; Monday, May 21, 1990; and Tuesday, May 29, 1990. RECOMMENDED ACT10N: Dispense with the reading thereof and approve as recorded. C-2 A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. C-3 A communication from Vice-Mayor Howard E. Musser requesting an Executive Session to discuss a personnel matter, specifically the appointment of a specific public officer, in accordance with Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a personnel matter, specifically the appointment of a specific public officer, in accordance with Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. C-4 A report of the City Manager requesting an Executive Session to discuss acquisition and/or use of real property for public purposes, and/or disposition of publicly held property and to discuss specific legal matters requiring the provision of legal advice by counsel, specifically relating to the terms and conditions of a proposed agreement for new regional land- fill facilities, pursuant to Sections 2.1-344 (A) (3) and 2.1-344 (A) (7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss acquisition and/or use of real property for public purposes, and/or disposition of publicly held property and to discuss specific legal matters requiring the provision of legal advice by counsel, specifically relating to the terms and conditions of a proposed agreement for new regional landfill (2) C-5 C-6 C-7 C-8 facilities, pursuant to Sections 2.1-344 (A) (3) and 2.1-344 (A) (7), Code of Virginia (1950), as amended. A report of the City Manager requesting an Executive Session to discuss disposition of publicly held property, specifically conveyance of a parcel of land for economic development purposes, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss disposition of publicly held property, specifically conveyance of a parcel of land for economic development purposes, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950), as amended. A communication from Mr. Wallace I. Allen tendering his resignation as a member of the City of Roanoke Redevelopment and Housing Authority Board of Commissioners. RECOMMENDED ACTION: Receive and file the communication and accept the resignation with regret. A list of items pending from July 10, 1978, through August 27, 1990. RECOMMENDED ACTION: Receive and file. Qualification of Ms. Elizabeth B. Watts as a member of the Roanoke Public Library Board for a term of three years ending June 30, 1993. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: Request of Mr. David M. Nance to address Council with regard to the removal of the traffic sign which prohibits left turns from Grandin Road Extension onto Mudlick Road, S. W., between the weekday hours of 7:00 a.m. and 9:00 a.m. Referred to the City Manager for review and report to Council. Request of Roanoke Valley Swimming, Inc., to address Council with regard to the construction of an indoor swimming facility to be located between Fishburn Park School and Madison Middle School. Mr. Barry L. Marsh, President, Spokesman. Referred to the City Manager for review and report to Council. (3) ge Petitions and Communications: A communication from Vice-Mayor Howard E. Musser recommending the formation of a Coalition of Local Government Officials of Southwest Virginia. Referred to the Mayor and the City Manager to pursue the suggestion and determine if there is an interest in forming the Coalition. A communication from Mr. Richard F. Pence, Attorney, transmitting a petition on behalf of Yellow Cab Services of Roanoke, Inc., requesting an increase in the rates pre- sently charged for taxicab service and for-hire automobiles in the City of Roanoke. Referred to the City Manager and the City Attorney for review and report to Council. A communication from Mr. Harwell M. Darby, Jr., Attorney, representing the Industrial Development Authority of the City of Roanoke, requesting approval of a plan to assist Roanoke ~emorial Hospitals, Community Hospital of Roanoke Valley, and Franklin Memorial Hospital in financing a por- tion of the costs of the acquisition, construction, reno- vation and equipping of certain health care facilities, and refund of certain bonds and notes previously issued by the Authority for the benefit of Franklin Memorial Hospital and Community Hospital of Roanoke Valley, by issuance of not to exceed $173,000,000 of industrial development revenue bonds. Adopted Resolution No. 30230-91790. Mrs. Bowles abstained from voting.) (5-0, Mayor Taylor and Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: A report recommending transfer of $90,000.00 from the Streets and Bridges category of the 1988 Bond Series to meet anticipated expenditures for certain highway projects. Adopted Ordinance No. 30231-91790. (7-0) A report recommending approval of the location and major design features of the replacement of the Fifth Street Bridge over Norfolk Southern Railroad from Salem Avenue, S. W. to Gilmer Avenue, N. W., and execution of all necessary agreements therefor. Adopted Resolution No. 30232-91790. (7-0) (4) A report recommending that permission be granted to United Way of Roanoke Valley to hang flags from street lighting poles in the Central Business District of the City from September 9, 1990 through September 30, 1990. Adopted Ordinance No. 30233 on first reading. (7-0) A report recommending execution of a lease agreement with H.S.N.I. Corporation, T/A Sun Valley Swim Club, to lease the Sun Valley Swim Club property, upon cer- tain terms and conditions. Adopted Ordinance No. 30234 on first reading· (7-0) A report with regard to emergency clean-up relating to a fire which occurred at the Roanoke Civic Center Auditorium. See Page No. 7 6. A report with regard to Requests for Proposals for The Hotel Roanoke Conference Center project. See Page No. 7 6. Reports of Committees: A report of the Water Resources Committee recommending authorization to lease 3,098 square feet of space located at 2121 Salem Avenue, S. W., from Unified Human Services Transportation System, Inc.; to declare 306 Sixth Street, S. W·, as surplus property; and to solicit sealed proposals to sell the property at 306 Sixth Street, S. W. Council Member Elizabeth T. Bowles, Chairman. Adopted Ordinance No. 30235-91790 and Resolution No. 30236-91790. (7-0) Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 30212, on second reading, granting to the Vietnam Veterans of America, Chapter 81, a revocable permit to mount American flags on street lighting poles in the Central Business District of the City, upon certain terms and conditions. Adopted Ordinance No. 30212-91790. (7-0) Mr. Bowers requested that the City Manager contact the Roanoke Valley Veterans Council with regard to installing the flags on Elm Avenue in front of Community Hospital. Ordinance No. 30216, on second reading, granting a revocable license for the construction of certain building (5) 10. appendages encroaching over and into the right-of-way of Church Avenue, S. E., located at Center In The Square, upon certain terms and conditions. Adopted Ordinance No. 30216-91790. (7-0) Ordinance No. 30221, on second reading, authorizing the execution of an option for the sale of approximately 28.26 acres of land within the Roanoke Centre for Industry and Technology to Elizabeth Arden Company, and authorizing the execution of the requisite deed conveying such pro- perty. Adopted Ordinance No. 30221-91790. (7-0) A Resolution cancelling the regularly scheduled meeting of City Council on Monday, December 3, 1990. Adopted Resolution Ho. 30237-91790. (7-0) A Resolution designating Voting Delegate for the Congress of Cities. a Voting Delegate and Alternate Annual Business Meeting of the Adopted Resolution No. 30238-91790. (7-0) 0. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and Members of City Counci l. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. Expiration of the two year terms of office of Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger, Director of Finance; and Mary F. Parker, City Clerk, on September 30, 1990. Reappointed the abovenamed persons for terms of two years each, ending September 30, 1992. Other Hearings of Citizens: Ms. Debbie A. Wolfe, Route 4, Box 1514, Rocky Mount, Virginia, presented petitions in support of placing a large yellow ribbon on the Mill Mountain Star in recognition of the military person- nel in the Persian Gulf. The matter was referred to the City Manager for review and report to Council. The Mayor declared the meeting in recess at 10:15 p.m. The meeting reconvened at 10:45 p.m. Certification of Executive Session. (7-0) (o) $.a.$. Adopted Ordinance No. (7-0) 30239-91790 and Resolution No. 30240-91790. 5.a.6. Adopted Resolution No. 30241-91790. (~-o) On motion, duly seconded and unanimously adopted, Council extended the 11:00 p.m., deadline as necessary. Adopted Ordinance No. 30242, on first reading, with regard to conveyance of a portion of the property in the Crestar Plaza--Downtown East Redevelopment Plan. (7-0) The Mayor declared the meeting in recess at 11:10 p.m. The meeting reconvened at 11:30 p.m. Certification of Executive Session. (7-0) Adopted Resolution No. 30243-91790, acknowledging the retirement of William L. Brogan, Municipal Auditor, and appointing Robert H. Bird, Acting Municipal Auditor, effective from the date of Mr. Brogan's retirement until a new Municipal Auditor shall be elected and qualified. (7-0) Reappointed Ms. Hallie B. Albergotti and Mr. Jack E. Loeb as mem- bers of the City of Roanoke Redevelopment and Housing Authority. The meeting adjourned at 11:40 p.m. Office of the City Clerk September 19, 1990 File #525 ,Mr. ~. Robert Herbert City Manager ~oanoke, Viroinia Dear Hr. Herbert: I am attaching copy of the 1990 State of ~e City Aadress pre- sented by ~ayor Noel C. Taylor at ti~e regular meeting of the Council of the City of Roanoke held on Monday, September 17, 1990. On motion, auly seconded and unanimously adopted, Recommendations 1-6 were referred to you for review and report to Council. Sincerely, ~l~ Mary F. Parker, CMC/AAE City Clerk ~FP:ra ErIC Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 STATE OF THE CITY 1990 DELIVEREO BY NOEL C. TAYLOR MAYOR OF ROANOKE HONORABLE VICE-MAYOR MUSSER, MEMBERS OF THE ROANOKE CITY COUNCIL, CITY MANAGER HERBERT, COUNCIL APPOINTEES, ELECTED AND ADMINISTRATIVE OFFICIALS, MY FELLOW CITIZENS, VISITING FRIENDS AND SPECIAL GUESTS: OF EDUCATIONAL EXCELLENCE, CITIZENS AT A HAS STO00 THE SETTING IS NOT I AM SURE THAT THERE ARE MANY OTHER EFFECTIVE URBAN CITIES IN OUR WORLD, BUT I KNOW OF NO OTHER THAT MORE COMPLETELY EXEMPLIFIES WHAT A CITY OUGHT TO BE THAN ROANOKE, VIRGINIA -- FROM OUR PROGRAM OF ECONOMIC DEVELOPMENT, TO SERIOUS DOWNTOWN REVITALIZATION, TO PURSUING OUR GOALS TO PROVIDING A HIGHER QUALITY OF LIFE FOR OUR REASONABLE COST. THE ROANOKE STORY IS ONE THAT TEST OF TIME. CONTINUING PROGRESS IN THE URBAN EASY AND THERE ARE NO QUICK AND SIMPLE SOLUTIONS TO THE PROBLEMS WE ENCOUNTER. A CITY MUST BE ~ITTED TO THE LONG HAUL, NOT' SACRIFICING ONE ASPECT OF OUR MISSION FOR ANOTHER. WHILE THE CITY OF ROANOKE IS NOT THE PROVIDE A DYNAMIC MODEL OF HOW A CITY CAN NEEDS OF ITS CITIZENS. PERFECT CITY, IT DOES EFFECTIVELY SERVE THE A DECADE OF PROGRESS LOOKING BACK OVER THE LAST TEN YEARS REVEALS A PATTERN OF DEVELOPMENT THAT HAS UNFOLDED DELIBERATELY, STEADILY, AND IN ACCORDANCE WITH THE PLANS MADE BY OUR CITIZENS AT THE BEGINNING OF THE 1980'S DECADE. KICKING OFF THIS PATTERN OF PROGRESS WAS DESIGN '79, A COMMITMENT OF COMMUNITY INVOLVEMENT WITH THE ULTIMATE GOAL OF REVITALIZING ROANOKE AND STOPPING THE POPULATION AND ECONOMIC ATTRITION. WITH THE HELP OF CITIZEN FORUMS, WE NARROWED THE FOCUS TO SEVERAL MAIN AREAS OF EMPHASIS, THESE BEING REDUCTION OF CRIME, BEAUTIFICATION OF THE DOWNTOWN, CREATION OF JOB OPPORTUNITIES, AND, IN GENERAL, INCREASING THE ATTRACTIVENESS OF ROANOKE AS A PLACE TO LIVE AND TO WORK. THE RESULTS HAVE TOUCHED EVERYONE, AND WITH THE FURTHER IMPLEMENTATION OF DESIGN '85, AND FOCUS '89, WE HAVE CONCENTRATED MORE AND ~ORE ON BRINGING NEW, CLEAN INDUSTRY TO ROANOKE, ON CREATING MORE OPPORTUNITIES FOR THE DOWNTOWN AREA, AND NEVER. FORGETTING THAT ROANOKE IS A RESULT OF CITIZEN INVOLVEMENT. LET ME REVIEW SOME OF THE PROGRESS WE CAN SEE ALL AROUND US. THE CITY MARKET BUILDING WAS A $1 MILLION RENOVATION PROJECT WHICH HAS HELPED BRING CITIZENS AND VISITORS TO THE DOWNTOWN AREA ON A DAILY BASIS. IT HAS PROVIDED INCREASED 'BUSINESS, NOT ONLY FOR THE SHOPS AND RESTAURANTS WITHIN ITS WALLS, BUT SURROUNDING BUSINESSES AS WELL. THE CENTER IN THE SQUARE, THROUGH A $7 MILLION CONSTRUCTION BUDGET, HAS GIVEN US THE MUSEUM OF FINE ARTS, THE HISTORY AND SCIENCE MUSEUMS, THE PLANETARIUM, AND MILL MOUNTAIN THEATRE. STILL IN THE SAME DOWNTOWN DISTRICT, WE ENLARGED THE FARMER'S MARKET STALLS, AND WITH $3 MILLION, PUT IN THE CENTER ON CHURCH. ROANOKE HAS INCREASED VISITS TO THESE FACILITIES TO OVER 400,000 PER YEAR. WE HAVE ALSO MADE IT POSSIBLE FOR NEW BUSINESSES TO OPEN THEIR DOORS TO A PROSPEROUS ECONOMY, WHERE PEOPLE ARE WILLING AND EAGER TO SHOP. TAKE MISH MISH, ORVIS, BOOKS, STRINGS AND THINGS, OR ANY ONE OF THE MANY RETAIL ESTABLISHMENTS IN THE DOWNTOWN · AREA. TAKE THE RESTAURANTS -- BILLY'S RITZ, FIRST STREET, THE RESTAURANTS IN THE CITY MARKET BUILDING -- THERE IS NO QUESTION NOW WHETHER PEOPLE ARE WILLING TO COME DOWNTOWN. THERE IS NO LONGER THE QUESTION OF WHETHER IT IS SAFE TO SPEND AN EVENING DOWNTOWN. IT IS A BEAUTIFUL, SAFE AND CULTURALLY RICH AREA. THE DOWNTOWN AND SURROUNDING AREA HAS ALSO SEEN ENORMOUS PROGRESS IN THE AREA OF EMPLOYMENT. IN 1984, 16,397 INDIVIDUALS WORKED IN THE GREATER DOWNTOWN AREA. IN 1988, THAT NUMBER HAD INCREASED 11.6 PERCENT TO 18,297 EMPLOYEES. THERE WERE PLACES TO WORK, PLACES TO WALK FOR LUNCH, PLACES TO PARK, AND AN EFFICIENT PUBLIC BUS SYSTEM THAT MADE TRANSPORTATION EASY. PROGRESS CAME IN THE FORM OF NEW OFFICE BUILDINGS AS WELL, COURSE, AFFECTING EMPLOYMENT RATES IN THE DOWNTOWN AREA. $13.5 MILLION BLUE CROSS AND BLUE SHIELD BUILDING, AND THE OF THE $10 MILLION 111 FRANKLIN PLAZA BUILDING WERE PUT UP THIS PAST DECADE. THE COULTER BUSINESS CENTER, THE COMMONWEALTH CENTER, AND FIRST CAMPBELL SQUARE WERE RENOVATED TO MAKE RO(O FOR NEW BUSINESSES EAGER TO TAKE PART IN THE DOWNTOWN BOOM. FOCUS '89 DOUBLED OUR EFFORTS AT DEVELOPING POTENTIAL OFFICE SITES. WITH THE COOPERATION OF NORFOLK SOUTHERN AND DOMINION BANK. PLANNING EFFORTS RESULTED IN THE IMPLEMENTATION OF OUR DOMINION TOWER BUILDING AND OUR SOON TO BE STARTED NORFOLK SOUTHERN BUILDING PROJECTS, WHICH ARE TAKING US INTO THE NEW DECADE. LOOKING AT THE BOUNDARIES STRETCHING OUTWARD, ROANOKE HAS ALSO EXPANDED ITS PROGRESS TO THE ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY. CURRENTLY, WE HAVE SlX INDUSTRIES HOUSED THERE:- COOPER INDUSTRIES EMPLOYS 500 PEOPLE; ORVIS, INC., EMPLOYS 185; ADVANCE STORES, A $5.5 MILLION INVESTMENT, EMPLOYS 200; AND VITRAMON IS A $15 MILLION INVESTMENT. WE ALSO HAVE BELL SOUTH AND QUIBELL, THE LATTER WHICH WILL EMPLOY ABOUT 124. ONE OF THE RESULTS OF OUR DESIGN STUDIES WAS TO MAKE ROANOKE MORE MARKETABLE, BOTH IN RETAINING BUSINESSES AND ATTRACTING NEW ONES. WE HAVE DONE JUST THAT. LAST YEAR, WE PURCHASED ANOTHER 141 ACRES IN THE INDUSTRIAL CENTRE, BRINGING TOTAL ACREAGE TO 441. THESE BUSINESSES GENERATE JOBS FOR ROANOKE CITIZENS, AND TAX DOLLARS FOR ROANOKE AREA IMPROVEMENTS. IT IS IMPORTANT TO KEEP THESE IMPROVEMENTS ANO ALL THIS PROGRESS IN THE RIGHT PERSPECTIVE. IT IS NOT A FASCINATION OF BIG BUILDINGS WHICH HAS COMPELLED THIS GROWTH, NOR A LOVE OF PROGRESS FOR THE SAKE OF GLITZ AND GLITTER. IT IS IN RESPONSE TO THE WILL OF OUR CITIZENS. JOBS, THE DESIRE TO LIVE A WHOLESOME ENVIRONMENT, IT IS IN RESPONSE TO THE NEED FOR MORE IN A BEAUTIFUL PLACE, THE WISH TO CREATE AT THE REQUEST OF THE COMMUNITY. THESE I~PROVE~ENTS HAVE PLAN, REVITALIZED STREET LIGHTING AND CRIME BETTER PLACE TO LIVE, WE THEIR WISHES INTO ACTION. JUST IN THE ECONOMIC ASPECT OF THEIR LIVES, ENRICHMENT AND RECREATIONAL ENJOYMENTS. INCLUDED, ACCORDING TO OUR DECADE OF PROGRESS NEIGHBORHOODS AND NEIGHBORHOOD PARKS, BETTER WATCH PROGRAMS. IN MAKING ROANOKE A HAVE LISTENED TO THE CITIZENS AND PUT WE HAVE IMPLEMENTED IMPROVEMENTS, NOT BUT IN OUR CULTURAL THE BUSINESSES I MENTIONED ARE ONLY A FRACTION OF WHAT WE HAVE SEEN TAKE PLACE IN THIS CITY.~ OTHER RELOCATIONS AND EXPANSIONS INCLUDE, AS YOU KNOW, THE COCA-COLA BOTTLING PLANT, TULTEX, FIBERCOM, THE SEARS TELEMARKETING CENTER, AND FRED WHITAKER COMPANY. IT IS HARD TO IMAGINE THAT IN TEN YEARS SO MUCH HAS TAKEN PLACE. THIS SHOWS US JUST WHAT TREMENDOUS ACCOMPLISHMENTS CAN BE GAINED WITH COOPERATION AND INVOLVEMENT. ROANOKE, IN THE LAST TEN YEARS, HAS COME INTO ITS OWN. WE NOW HAVE THE $18 MILLION MARRIOTT HOTEL, JUST ONE OF FIVE NEW OR NEWLY RENOVATED HOTELS. WE NOW HAVE VALLEY VIEW MALL, WITH 116 STORES GENERATING $3.5 MILLION IN ANNUAL LOCAL TAXES. WE NOW HAVE TOWNE SQUARE, THE REVAMPED CROSSROADS MALL, AND THE PLAZA OF ROANOKE-SALEM. FINE, BUT WHAT DOES THIS ALL MEAN? IT MEANS THAT IN 1980, TEN YEARS AGO, ROANOKE CITY DID $167,438,175.00 IN RETAIL SALES, BUT IN 1989, THAT INCREASED 655 PERCENT. IT MEANS THAT PER CAPITA, SALES OVER THE LAST TEN YEARS HAVE INCREASED 659 PERCENT. IT ALSO MEANS THAT OVER 19,000 NET NEW JOBS HAVE BEEN CREATED IN THE VALLEY SINCE 1980. BUT WHAT ABOUT THE QUALITY OF LIFE? WHEN THE DAY IS DONE, AND ALL THOSE JOBS HAVE BEEN PUT ASIDE, WHAT HAVE WE DONE FOR THE LIFESTYLES OF THE CITIZENS? THIS, TOO, IS PART OF THE PLAN TO MAKE ROANOKE A MORE ENJOYABLE AND A MORE ENTICING PLACE IN WHICH TO LIVE. TO BEGIN WITH, ROANOKE IS THE FESTIVAL CITY -- WE HAVE FESTIVAL IN THE PARK, WHICH OVER 500,000 VISITORS ATTENDED THIS YEAR. WE HAVE THE CHILI FESTIVAL, THE STRAWBERRY FESTIVAL, THE BEACH PARTY, THE NEW YEAR'S EVE PARTY~ AND THE FESTIVAL ON THE RIVER, JUST TO MENTION A FEW. WE ALSO HAVE A TOP RANKED EDUCATIONAL SYSTEM. LAST YEAR, THE ROANOKE VALLEY GRADUATE CENTER OPENED ITS DOORS ON CHURCH AVENUE. THIS CENTER GIVES PEOPLE THE CHOICE TO CONTINUE THEIR EDUCATION WITHOUT RELOCATING FROM THE ROANOKE VALLEY. WE ALSO HAVE MAGNET PROGRAMS IN GOVERNOR'S COLLEGE. OUR HIGH SCHOOLS, AS WELL AS THE CITY SCHOOL AND SCHOOL PROGRAMS TO BETTER PREPARE STUDENTS FOR ANOTHER COgiMUNITY IMPROVEMENT WHICH HAS ATTRACTED OUTSIDE INTEREST IS THE NEW AIRPORT TERMINAL, A $25 MILLION PROJECT WHICH, WITH THE SEPTEMBER ARRIVAL OF EASTERN AIRLINES, WILL HOUSE SEVEN AIRLINES. TO SAY, "IT'S A START," WOULD BE LUDICROUS. THE ACCOmPLISHmENTS OF THIS PAST DECADE ARE NOT JUST A START IN THE RIGHT DIRECTION. THESE ACCOMPLISHMENTS ARE A FLYING LEAP TOWARDS MAKING OUR CITY COMPETITIVE, BEAUTIFUL, AND INCLUSIVE OF ALL CITIZENS -- SO THAT ALL MAY HAVE THE PRIVILEGE OF ENJOYING THIS AREA. FACING THE CHALLENGE OF THE NINETIES SOME OF THE CONTINUE TO UNFOLD AS TOWER PROJECT, SLATED TO BE $42 MILLION, 22-STORY PROJECT STORES, AND A PARKING GARAGE. WALKWAY TO THE HOTEL ROANOKE. PROJECTS I MENTIONED ARE ONGOING PLANS THAT WILL THE NEW DECADE DEVELOPS. THE DOMINION COMPLETED LATE IN 1991, IS A THAT WILL HOUSE OFFICES, RETAIL THE PLAN IS TO BUILD AN ATRIUM THIS, IN A WAY, IS SOMEWHAT SYMBOLIC OF WHAT WE PLAN TO ACCOMPLISH OVERALL. OUR OBJECTIVE, AS I STATED EARLIER, IS TO DEVELOP ROANOKE ECONOMICALLY. BUT WE MUST NEVER LOSE SIGHT OF THE MORE I~PORTAN~ ASPECT OF DEVELOPMENT: THE CITIZENS WHO ,V~AKE UP THIS COMMUNITY. WE MUST CONTINUE TO LISTEN TO THEIR ~EEDS, WE MUST CONTINUE TO KEEP THE CHANNELS OF ~UNICATION OPEN, WE MUST REMEMBER THAT THE BEAUTY OF THIS LIFE AND THIS ENVIRONMENT IS JUST AS IMPORTANT AS THE PRACTICAL, ECONOMIC SIDE. AND WE MUST REMEMBER THAT A CO¥~4UNITY IS MADE UP OF AN ENTIRE AMALGAMATION OF CITIZENS. CONNECTING THEM TO EACH OTHER, BRINGING DISPARATE PARTS OF ROANOKE TOGETHER TO WORK IN UNISON, IS A REALITY WHICH WE HAVE SEEN IN THE PAST AND WILL CONTINUE TO STRIVE FOR IN THE FUTURE. ANOTHER PROJECT WHICH SPEAKS ELOQUENTLY OF THIS KIND OF EFFORT IS THE JEFFERSON CENTER IN THE FOAMER JEFFERSON HIGH SCHOOL. IT IS A PLAN THAT WILL INCLUDE OFFICE SPACE, A THEATRE FOR THE PERFORMING ARTS, AN AUDITORIUM, CLASSROOM SPACE -- IT WILL BRING ROANOKE TOGETHER, AND [~AS ALREADY STARTED TO DO SO. LAST YEAR, THE COMMUNITY APPROVED A $3.5 MILLION BOND ISSUE FOR THE CENTER. THAT, TOGETHER WITH $2 MILLION THE JEFFERSON FOUNDATION IS RAISING WILL SET US ON THE WAY, AND THEY ARE ~ORE THAN HALFWAY THERE ALREADY. YOU ARE AWARE OF T~IE ENORMOUS AMOUNT OF CONSTRUCTION GOING ON DOWNTOWN. I HAVE MENTIONED T~IE DO~4INION TOWER; NORFOLK & WESTERN HAS AN OPTION ON LAND DOWNTOWN; ADD TO THAT THE PARKING GARAGES, THE MARKET PLACE CENTER, AND FIRST BAPTIST CHURCH. IN ADDITION TO OFFICE BUILDINGS, WE ARE LOOKING AT THE POSSIBILITIES OF -DOWNTOWN HOUSING. BUT ALONG WITH NEW BUILDINGS AND I~ RE JOBS, THE CITY HAS TO PLAN ITS TRANSPORTATION ACCORDINGLY. IN THE 1990'S, WE HAVE DEVELOPED PLANS FOR AN INNER LOOP SYSTEM INCLUDING THE SECOND STREET BRIDGE. WE MUST REPLACE THE FIFTH STREET BRIDGE AND WORK ON THE BRIDGE AT 13TH STREET, AND WE MUST WIDEN FRANKLIN ROAD TO ELM AVENUE. ROANOKE IS FAST BECOMING AN ATTRACTIVE PLACE FOR INDUSTRY. OUR CENTRE FOR INDUSTRY AND TECHNOLOGY WILL SOON HOUSE ELIZABETH ARDEN, AND ADVANCE STORES WILL DOUBLE ITS FACILITY THERE. UNITED PARCEL SERVICE IS CONSTRUCTING A 200,000 SQUARE FOOT BUILDING AS A REGIONAL HUB, AND COM34UNITY AND ROANOKE ~EMORIAL HOSPITALS ARE PLANNING EXTENSIVE REMODELING AND CONSTRUCTION PROJECTS, WHICH IN DOLLAR VALUE WILL BE AMONG THE LARGEST THE ROANOKE VALLEY HAS 10 SEEN OVER THE LAST TEN YEARS, AND REORGANIZING EFFORTS, WHICH WILL RESULT IN STATE-OF-THE-ART MEDICAL CARE FOR OUR COMMUNITY. TO WIND UP THE DEVELOPMENT, I FEEL IT IS ALSO IMPORTANT TO MENTION THAT LAST YEAR WE SAID GOODBYE TO AN OLD FRIEND, THE HOTEL ROANOKE, BUT IN THIS NEW DECADE, WE HOPE TO SEE IT ONCE AGAIN OPEN ITS DOORS TO A BRIGHT FUTURE. WE ARE ALSO LOOKING FORWARD TO A NEW TRADE AND CONVENTION CENTER W~ICH WILL ATTRACT MORE VISITORS AND MORE HOTEL AND RETAIL BUSINESS TO THIS AREA. ALTHOUGH THE ROANOKE RIVER FLOOD REDUCTION PROJECT MAY FALL UNDER THE HEADING OF CONSTRUCTION PLANS, I FEEL THAT IT ALSO INFLUENCES THE QUALITY OF LIFE THAT OUR CITIZENS LEAD. WE ARE STILL, IN MANY WAYS, RECOVERING FRO~ THE DEVASTATING FLOOD, AND WE HAVE LEARNED TO COMBAT THE TRAGEDY WITH POSITIVE AND CONSTRUCTIVE PLANS. ~ ARE LOOKING TO THE SPRING OF 1991 TO BEGIN THE THREE-YEAR PROJECT WHICH WILL MAKE LIFE SAFER, BUT RETAIN THE NATURAL HABITAT ALONG THE RIVER. IT HAS ONLY BEEN THROUGH CONSIDERABLE PRIVATE CITIZEN INVOLVEMENT THAT WE HAVE BEEN ABLE TO ACCOMPLISH THIS TREMENDOUS TASK. THIS BRINGS TO MIND CITIZEN INVOLVEMENT, AND THAT IS RECYCLING. THE RECENTLY HIRED A THE FALL OF THIS YEAR, CURBSIDE COLLECTION THAT NEXT FOUR YEARS, ENCOMPASS THE ENTIRE CITY. WE PLAN TO FURNISH RECYCLING CARTS THAT WILL BE PICKED UP ON THE REGULARLY SCHEDULED COLLECTION DAYS. IT IS THIS TYPE OF PROJECT THAT WILL HELP KEEP ROANOKE BEAUTIFUL. ANOTHER LONG-TERM PLAN THAT WILL REQUIRE CITY HAS RECYCLING COORDINATOR, AND STARTING IN WE PLAN TO IMPLEMENT A VOLUNTEER WILL, OVER THE l! ROANOKE IS REACHING OUTWARD IN THE DECADE OF THE NINETIES. WE ARE HOPING TO BRING IN MORE AIRLINES. WE ARE CONSIDERING A ROAD TO BLACKSBURG AND AN INTERSTATE TO GREENSBORO, AND WE ARE DEVELOPING THE EXPLORE PROJECT. WHAT WE ARE DOING IS GROWING, BUT IT IS NOT AN UNBRIDLED GROWTH. IT IS ONE THAT WILL RETAIN THE QUALITIES WE FIND MOST ENDEARING ABOUT ROANOKE. IT IS ONE THAT WILL CULTIVATE AND ENCOURAGE THE TRUE QUALITIES OF THIS FINE CITY. ROANOKE IS MAGAZINE HAS RATED US IN APRIL OF THIS YEAR, WE 'IN THE COMMONWEALTH. OUR AVERAGE WAGES HERE ARE COMPETITIVE, A WONDERFUL PLACE TO RAISE CHILDREN -- PARENTS IN THE TOP TEN CITIES IN THE UNITED STATES. HAD THE SECOND LOWEST UNEMPLOYMENT RATE REA~ ESTATE MARKET IS EXCELLENT. THE- AS IS THE COST OF LIVING. WHAT WE ARE STRIVING TO DO IN THIS DECADE IS HOLD ON TO THESE THINGS, AND MAKE SURE THAT THE BEST OF ROANOKE BECOMES AVAILABLE TO MORE OF OUR CITIZENS. WE WANT TO CONTINUE TO ADDRESS THE HOMELESS ISSUE. WE WANT TO CONTINUE TO ADDRESS DRUG PROBLEMS. OUR TASK FORCES ON BOTH OF THESE ISSUES HAVE OUTLINED NEEDS AND SOLUTIONS, AND WE WILL CONTINUE TO ADDRESS THEM HEAD ON. WE ARE PRESENTLY IN THE PROCESS OF DEVELOPING A TASK FORCE THAT WILL PROMOTE RACIAL UNDERSTANDING AND A DIALOGUE TO RESOLVE AREAS OF TENSION AND DIFFICULTY. ONE OF THE MOST IMPORTANT AND INFLUENTIAL FACTORS IN ANY COMMUNITY IS THE QUALITY OF EOUCATION OFFERED TO CITIZENS. IN THE 1980'S, WE DID NOT LOSE SIGHT OF THIS, AND IN THE 1990'S, WE DO NOT PLAN TO DROP THE GOAL OF CONTINUED EDUCATIONAL DEVELOPMENT. OUR CHILDREN ARE OUR FUTURE. I HAVE SAID THIS BEFORE, AND I WILL ALWAYS SAY IT. OPPORTUNITIES FOR THEM AND FOR CONTINUED EDUCATION FOR THE ADULT COMMUNITY ARE VITAL, ARE ABSOLUTELY IMPERATIVE, AND MUST BE AVAILABLE. ROANOKE'S STRONGEST ASSET IS ITS CITIZENS. THAT IS ROANOKE: THE COMMUNITY-MINDED, THE INVOLVED, THE VOLUNTEERS ~0 REACH OUT EVERYDAY TO NEIGHBORS, TO STRANGERS THAT NEED HELP, TO BUSINESS ASSOCIATES AND TO CHILDREN. AS WE DEVELOP OUTWARD, AS OUR BOUNDARIES GROW AND OUR POTENTIAL CLIMBS, TO BUILD A MORE SOLID FOUNDATION. IT IS · WITHIN THAT HAS ALLOWED US TO GROW. WE AS A CITY CONTINUE THE STRENGTH WE FIND 13 RECOMMENOATIONS I RECO~IEND THAT WE CONSIDER TURNING THE MILL TO AN APPROPRIATE COLOR IN RECOGNITION AND IN ARMED SERVICE PERSONNEL IN THE MIDDLE EAST. SUGGEST THAT INDIVIDUAL CITIZENS AND THE YELLOW RIBBON. MOUNTAIN STAR HONOR OF OUR I FURTHER HOMEOWNERS WILL DISPLAY I RECOMMEND THAT MONDAY, DECEMBER 24, 1990, (CHRISTMAS EVE) WILL BE GIVEN TO ROANOKE CITY WORKERS AS A CHRISTMAS HOLIDAY· THIS ACT OF APPRECIATION WILL ALLOW OUR CITY PERSONNEL TO EXPERIENCE A FOUR DAY CHRISTMAS BREAK FRO~ SATURDAY, DECEMBER 22, THROUGH TUESDAY, DECEMBER 25. IF IT IS IMPOSSIBLE TO BE OFF ON DECEMBER 24, THEN THE CLOSEST AGREEABLE DATE SHOULD BE OBSERVED. THIS MATTER SHOULD GO TO THE CITY MANAGER SO THAT HE WAY ARRANGE FOR ITS SMOOTH IMPLEMENTATION. I STRONGLY RECOMMEND THAT WE GIVE OUR CITY MANAGER THE SAME BACKING AND SUPPORT AS HE ESTABLISHES THE TASK FORCE ON RACIAL UNDERSTANDING THAT WE GAVE IN SUPPORT OF THE TASK. FORCE ON DRUGS AND THE TASK FORCE ON THE HO~ELESS. FOR UNPARALLELED SUCCESS. SINCE 1977, ~IR. WILBURN C. CITY ATTORNEY, HAS SERVED AS THE CITY'S LEGISLATIVE IN 1978, HE DRAFTED AND RECOMMENDED TO CITY COUNCIL LEGISLATIVE PROGRAM FOR THE CITY. MANY YEARS, THE CITY'S LEGISLATIVE PROGRAMS HAVE BEEN AN DIBLING, LIAISON. THE FIRST WITH ITS ADOPTION, WE BECAME ONE OF THE FIRST CITIES IN THE COMMONWEALTH TO HAVE ITS OWN LEGISLATIVE PROGRA~Vl. MR. DIBLING IS WELL RESPECTED BY ME~BERS OF THE GENERAL ASSEMBLY AND HAS BEEN A VIGOROUS ADVOCATE OF THE CITY'S LEGISLATIVE INTERESTS. UNDER HIS LEADERSHIP, MANY SIGNIFICANT LEGISLATIVE ACCOr~IPLISHMENTS HAVE BEEN ACHIEVED WITH THE EXPENDITURE OF VERY LITTLE MONEY. TWO FACTORS, HOWEVER, SUGGEST THAT WE WILL NEED TO FINE TUNE OUR LEGISLATIVE EFFORTS IN ORDER TO ACHIEVE OUR LEGISLATIVE GOALS IN THE FUTURE. ECONOMIC CONDITION OF TRENDS, AS REFLECTED INDICATE A CONTINUING VIRGINIA AND TIDEWATER. TO AVOID LOSS OF POLITICAL THE LEGISLATIVE ARENA. THE CURRENT DEMOGRAPHIC FIRST, OF COURSE, IS THE COMMONWEALTH. SECOND, BY PRELIMINARY 1990 CENSUS DATA, SHIFT IN POPULATION TO NORTHER~ WITH THIS SHIFT, OUR CONCERN MUST BE INFLUENC~ OF THE ROANOKE VALLEY IN NOW IS NOT THE TIME TO ADD NEW STAFF OR EMPLOY PAID LOBBYISTS TO INTENSIFY OUR LEGISLATIVE EFFORTS. I AM, HOWEVER, RECOMMENDING A NEW PERMANENT CO~IITTEE OF CITY COUNCIL TO ASSUME A EFFORTS. FOLLOWS: POLICY-MAKING ROLE WITH RESPECT TO OUR LEGISLATIVE THE SPECIFIC ROLE OF THE COMMITTEE WOULD BE AS (1.) TO REVIEW AND RECOMMEND TO CITY COUNCIL AS A WttOLE A LEGISLATIVE PROGRAM FOR EACH SESSION OF THE GENERAL ASSEMBLY; (2.) 15 TO APPROVE A STRATEGY FOR EFFECTIVELY PRESENTING THE LEGISLATIVE PROGRAM TO THE GENERAL ASSEMBLY; AND (3.) TO PROVIDE THE LEGISLATIVE LIAISON WITH POLICY GUIDANCE IN DETERMINING THE POSITION OF THE CITY ON UNEXPECTED LEGISLATIVE ISSUES WI'IICH ARISE DURING EACH SESSION. THE LEGISLATIVE COMMITTEE WOULD CONSIST OF THREE COUNCIL MEMBERS WITH THE ~YOR AS AN EX-OFFICIO MEMBER. THE COMMITTEE WILL PROVIDE VALUABLE POLICY GUIDANCE TO THE CITY ATTORNEY AS THE CITY'S LEGISLATIVE LIAISON. HERETOFORE, TH~. LEGISLATIVE LIAISON HAS BEEN REQUIRED TO FORMULATE AND PRESENT THE LEGISLATIVE PROGRAM WITH LITTLE OR NO POLICY GUIDANCE FROM COUNCIL. DURING THE SESSION WHEN IT IS NECESSARY TO RESPOND QUICKLY TO ISSUES, HE HAS HAD NO MECHANISM TO QUICKLY DETERMINE THE CITY'S POSITION. THE LEGISLATIVE COMMITTEE WILL FILL THIS VACUUM. THE COMMITTEE WILL NOT SUPPLANT THE LEGISLATIVE LIAISON IN' IMPLEMENTATION OF THE LEGISLATIVE PROGRAM. IF OUR LEGISLATIVE EFFORTS ARE TO BE SUCCESSFUL, WE MUST INSURE THAT OUR LEGISLATIVE ACTIVITIES ARE CENTRALIZED IN ONE OFFICER WHO WILL BE ACCOUNTABLE TO COUNCIL. IT WILL REMAIN HIS RESPONSIBILITY TO CARRY THE PROGRAM TO THE GENERAL ASSEMBLY. ALL COMMUNICATIONS TO MEMBERS OF THE GENERAL ASSEMBLY MUST BE FROM THE LEGISLATIVE LIAISON, AND ALL COMMUNICATIONS FRO~ MEMBERS OF THE GENERAL ASSEMBLY TO THE CITY SHOULD BE THROUGH THE LEGISLATIVE LIAISON. THE CITY CLERK WILL PROVIDE HER USUAL FINE CLERICAL SUPPORT TO THE LEGISLATIVE COMMITTEE. 5. IT IS APPARENT THAT THE REVENUE ADJUSTMENTS WHICH ARE PRESENTLY BEING MADE AT THE STATE LEVEL WILL HAVE A SERIOUS IMPACT ON OUR ROANOKE CITY BUDGET. AS BUDGET ADJUSTMENTS ARE ~ADE, I STRONGLY RECOMMEND THAT OUR ADMINISTRATORS TAKE EVERY POSSIBLE ACTION TO ASSURE THE CONTINUATION OF THE HIGH QUALITY OF SERVICES WE PROVIDE FOR THE CITIZENS OF ROANOKE. ANY BUDGET CUTS OR ADJUSTMENTS SHOULD BE DESIGNED TO LIMIT ANY ADVERSE IMPACT ON SERVICES. OUR CITIZENS ARE NOT RESPONSIBLE FOR THE DROP IN STATE REVENUES, AND SINCE THEY WILL CONTINUE TO PAY THEIR FAIR SHARE, THEY HAVE EVERY RIGHT- TO EXPECT CONTINUITY OF OUR TRADITIONALLY HIGH LEVEL OF SERVICE. ~ I WAS ASKED RECENTLY IF I BELIEVED THE CITIZENS OF THE CITY AND COUNTY WILL VOTE FAVORABLY ON CONSOLIDATION. MY REPLY WAS THAT EVERY CITIZEN HAS THE RIGHT AND PRIVILEGE OF VOTING ACCORDING TO THEIR PERSONAL CONVICTIONS. HOWEVER, I FIRMLY BELIEVE THAT IF THE CITIZENS OF ROANOKE CITY AND ROANOKE COUNTY FULLY UNDERSTAND THE ADVANTAGES OF CONSOLIDATION, AND IF THEY ARE WILLING FOR OUR GOVERNMENTS TO BECOME ALL THEY CAN BE AT THE SMALLEST POSSIBLE COST TO THE CITIZENS, THEY WILL VOTE IN FAVOR OF THE MERGER. UNNECESSARY DUPLICATIONS WILL BE ELIMINATED. ~O~NY SERVICES WILL BE COMBINED. CITY AND COUNTY WORKERS WILL RETAIN JOBS AND STAFF ADJUSTMENTS WILL BE MADE THROUGH THE RETIREMENT PROCESS. 17 I OFTEN BEAR THE CALL FOR COOPERATION WHICH IS PROPER AND RIGHT. THAT MEANS THAT WE SHOULD ACT OR OPERATE JOINTLY WITH ANOTHER OR OTHERS. COOPERATION IS COLLECTIVE ACTION FOR ~UTUAL PROFIT OR COMMON BENEFIT. THAT IS, INDEED, WHAT WE NEED IN THE ROANOKE VALLEY COMMUNITY. THE CITY AND COUNTY MUST SEE EACH OTHER AS EQUALS. EACH GOVERNMENT WILL BRING ITS OWN UNIQUE QUALITIES AND ASSETS TO THE MERGER EXPERIENCE. I SINCERELY BELIEVE THE MERGER IS BEST FOR OUR TWO GOVERNMENTS, AND I HASTEN TO ADD THAT I HAVE NO DESIRE TO OFFEND THOSE WHO OPPOSE CONSOLIDATION. I WANT THE BEST FOR ALL OF US, AND I AM CONVINCED THAT WE CAN ACHIEVE A GREAT VICTORY AND REACH THE ULTIMATE LEVEL OF SUCCESS AND EFFICIENCY IF WE ARE WILLING TO COMBINE ALL OF OUR EFFORTS, ASSETS, AND RESOURCES FOR THE ESTABLISHMENT OF THE ROANOKE METROPOLITAN GOVERNMENT. VERY OFTEN WHEN I PERFORM MARRIAGE CEREMONIES, WE ENGAGE IN THE LIGHTING OF THE UNITY CANDLE. IN THAT EXPERIENCE, THE NEWLY PRONOUNCED HUSBAND AND WIFE APPROACH THE UNITY CANDLE. EACH PERSON LIFTS A BURNING CANDLE FROM THE SAME LEVEL AND TOGETHER THE HUSBAND AND WIFE LIGHT THE UNITY CANDLE. THAT IS SYMBOLIC OF THE TWO BECOMING ONE IN THE BOND OF MATRIMONY. IN MERGING THE ROANOKE CITY AND ROANOKE COUNTY GOVERNMENTS, WE WILL, IN EFFECT, MOVE FROM THE SAME LEVEL TO A HIGHER 18 PLANE WHERE WE LIGHT THE UNITY CANDLE SYMBOLIZING OUR ONENESS, OUR COMMONALITY OF PURPOSE, AND OUR DESIRE TO PROVIDE THE HIGHEST QUALITY OF LIFE FOR ALL OF OUR CITIZENS. STRONGLY RECOMMEND OUR FAVORABLE CONSIDERATION OF THE ~ERGER. LET'S DO IT NOW! A PARTING WORD WE CALL OURSELVES THE STAR CITY OF THE SOUTH BECAUSE THE CITY OF ROANOKE OFFERS A VERY SPECIAL QUALITY OF LIFE. OUR SCENIC BEAUTY IS UNSURPASSED. THE LORD HAS BLESSED OUR AREA WITH BEAUTIFUL MOUNTAINS, FERTILE VALLEYS, SPARKLING STREAMS, AND A MODERATE CLIMATE ALL YEAR-ROUND. OUR PEOPLE ARE GOOD-HEARTED AND HARD~¥ORKING. CHURCH IS A VERY IMPORTANT PART OF OUR LIFE HERE, AND NEARLY EVERY DENOMINATION ~.~Y BE FOUND IN OUR CITY. VERY OFTEN YOU WILL FIND THAT OUR BUSINESS LEADERS ARE ALSO CHURCH LEADERS -- OUR LIVES ARE SO INTERWOVEN. OUR ECONOMY HERE IS VERY SERVICE ~RIENTED AND AS THE MAJOR CITY SERVING ALL OF WESTERN VIRGINIA, WE ARE A TRANSPORTATION CROSSROADS AND HAVE BEEN SINCE THE EARLY DAYS OF OUR SETTLEMENT. OUR DYNAMIC RETAIL CENTER ENABLES VISITORS TO FIND WHAT THEY WANT HERE BETTER THAN IN THE HUGE METROPOLITAN CITIES. THE MALLS ARE MODERN AND ACCESSIBLE. A HOST OF SPECIALTY SHOPS LEND AN IMMENSE' VARIETY TO OUR SHOPPING SCENE. CENTER IN THE SQUARE, OUR CULTURAL FOCAL POINT, STANDS IN THE MIDST OF OUR FABULOUS MARKET -- THE OLDEST CONTINUOUSLY OPERATING OUTDOOR MARKET IN AMERICA. ROANOKE IS THE HOME OF THE VIRGINIA MUSEUM OF TRANSPORTATION. AND WE HAVE AN EXTRAORDINARY SYMPHONY CONDUCTED BY SUCH A TALENTED WOMAN, MS. VICTORIA BOND, THAT NATIONAL NEWSPAPERS HAVE FEATURED HER. AS APPALACHIAN RIDGE SPUR PEAK REMINDS FOR OUTDOOR ACTI. VITIES, THERE IS NO LIMIT. THE TRAIL PASSES OUR BORDERS TO THE NORTH, PARKWAY RUNS RIGHT THROUGH OUR CITY. IN FACT, OF THE PARKWAY WHEN WE GO UP MILL MOUNTAIN, NEAR DOWNTOWN. OUR FAMOUS STAR TOPS OFF THE WORLD ABOUT OUR SHINING CITY. AND THE BLUE WE RIDE ON A OUR TOWERING THE MOUNTAIN AND WE ARE AN IOEAL CONFERENCE CITY. THERE ARE NOT A LOT OF HASSLES TO GETTING HERE. AND A VISITOR CAN HOP OFF HIS OR HER PLANE AND BE DOWNTOWN IN TEN MINUTES. INTERSTATE 581 MAKES IT EASY FOR THE MOTORIST. AS I GO TO MY SEAT, I HASTEN TO SAY THAT WE MUST COMMIT OURSELVES UNRESERVEDLY TO THE CHALLENGE OF ANSWERING -- TO THE BEST OF OUR ABILITY -- THE QUESTIONS THAT ARE NOW CURRENT. WE MUST SEEK TO KNOW WHETHER THE CHANGING TIMES HAVE MADE ANY NEW DEMANDS UPON US. AS WE DO THIS, WE MUST RE-ASSESS THE PRINCIPLES ON WHICH OUR CITY STANDS. ABOVE ALL, WE MUST RE-EVALUATE THE CLAIMS AND THE CALL OF THE MASTER TO US AS AN INDIVIDUAL, AS A COUNCIL, AND AS A CITY. THOSE WHO ARE CALLED UPON TO ADMINISTER THE AFFAIRS OF THE CITY MUST DO SO IN SINCERITY AND DEDICATION TO THOSE WHOM THEY SERVE. EVEN THE KING MUST LOVE HIS SUBJECTS, AND ALL ELECTED OFFICIALS OF ANY CITY MUST HAVE THE DEEPEST CONCERN FOR THE WELFARE OF ALL OF THE CITIZENS IN THEIR DOMAIN. ADMINISTRATORS AND ELECTED LEADERS MUST NOT ONLY RESPECT AND OBEY THE LAWS THEY ADMINISTER, BUT MUST LOVE THE PEOPLE WHOM THEY SERVE AND HAVE THE HIGHEST REGARD FOR THEIR WELFARE. ROANOKE AND RELIGIONS BLENDED ONE FLAG, ONE CHARTER, OR DISASTER TO BEHOLD IS A COMMUNITY OF DIFFERENT PACES AND NATIONALITIES TOGETHER INTO ONE GREAT CITY FAMILY UNDER AND ONE LIVING GOD. IT REQUIRES NO FLOOD THE GLORY OF ROANOKE. WE MUST CONTINUE TO PURSUE ALL OF THE UNATTAINED GOALS OF THE CITY. THROUGH EFFORT AND SACRIFICE, WE MUST SEEK THE CITY'S FULFILLMENT. WE MUST PLAN TO MARCH FORWARD MAINTAINING OUR LOFTY POSITION AS AN ALL AMERICA CITY. WE MUST NOT RETREAT UNTIL A BETTER QUALITY OF LIFE BECOMES A REALITY IN EVERY NEIGHBORHOOD. WE MUST NOT DISCONTINUE THE STRUGGLE FOR EXCELLENCE UNTIL THE LIGHT OF PROSPERITY BURNS IN EVERY HOME AND THE FLAG OF TRUTH AND RIGHTEOUSNESS FLOATS IN THE BREEZE ON EVERY HILL AND ON THE- MOUNTAINTOP OF OUR CITY. WE MUST BRAVE THE DIFFICULTIES. AND DAY IN STORM OR CALM, SUMMONED OF THIS GLORIOUS LAND. WE MUST PRESS ON AND BECKONED BY THE BY NIGHT BEAUTIES "WE ARE OUR HEAVENLY FATHER'S CHILDREN AND WE ALL KNOW THAT HE LOVES US ONE AND ALL; YET THERE ARE TIMES WHEN WE FIND WE ANSWER ANOTHER'S VOICE AND CALL; IF WE ARE WILLING, HE WILL TEACH US, HIS VOICE ONLY TO OBEY NO MATTER WHERE, AND HE KNOWS, YES, HE KNOWS, JUST HOW MUCH WE CAN BEAR. JUST PRAISE HIS NAME ALTHOUGH YOU ARE BURDENED, FOR THERE ARE BLESSINGS HE'S BESTOWED ON YOU; IN EVERY WAY WE MUST NEVER DOUBT HI~, THESE TRIALS WE MUST GO THROUGH. TRY TO ENDURE A LITTLE LONGER, AND DON'T FORGET THAT FOR EACH OF US AND HE KNOWS, YES, HE KNOWS, JUST HOW MUCH WE CAN BEAR. HE CARES, THOUGH THE LOAD GETS HEAVY, YOU'RE NEVER LEFT ALONE TO BEAR IT ALL; ASK FOR STRENGTH AND KEEP ON TOILING, THOUGH THE TEAR-DROPS FALL. YOU HAVE THE JOY OF THIS ASSURANCE: THE HEAVENLY FATHER WILL ALWAYS ANSWER PRAYER, AND HE KNOWS, YES, HE KNOWS, JUST HOW MUCH YOU CAN BEAR." 22 WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, NOW, ATTEST: Roanoke is a City of neighborhoods; and it is believed that the future of Roanoke lies in the future of its neighborhoods; and in Roanoke, a partnership of neighborhood organizations, businesses, non-profit groups and local government known as the Roanoke Neighborhood Partnership, has brought strength and vitality to the City's diverse neigh- borhoods during the last ten years; and neighborhood organizations, citizens, businesses, non- profit groups and local government, along with a long history of citizen involvement in governmental policy- making, have joined together to make Roanoke the best place to live and to work; and the Roanoke Neighborhood Partnership, a community action process based on a team approach between citizens, public officials, businesses, and non-profit organiza- tions is celebrating its tenth anniversary; and the tenth anniversary of the Roanoke Neighborhood Partnership is being commemorated by a week long celebration which is designed to honor and to spotlight Roanoke's neighborhoods and the citizens who make them strong. THEREFORE, I, Noel C. Taylor, Mayor of the City of Roanoke, Virginia, do hereby proclaim September 17 21, 1990, as ROANOKE'S NEIGHBORHOOD WEEK in the City of Roanoke, and commend and applaud neigh- borhood leaders, officials, community representatives and staff for the great work they perform in revita- lizing and strengthening our neighborhoods. Given under our hands and the Seal of the City of Roanoke this seventeenth day of September in the year our Lord, nineteen hundred and ninety. of City Clerk Mayor Office of the City Clerk September 19, 1990 File #15-467 Mr. Charles ~. Day 1830 Grayson Avenue, N. Roanoke, Virginia 24017 Dear Mr. Day: At the regular meeting of the Council of the City of Roanoke held on Monday, September 17, 1990, you were elected to fill a vacancy on the Roanoke City School Board, created by the resignation of Ur. E. Clabon Eawards for a term ending June 30, 1993. Enclosed you will find a Certificate of your election. Your ~ath of office has been forwarded to Dr. Frank P. Tota, Superintendent of Schools, who will arrange details for administration of the ©ath. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were elected. For your information and pursuant to Section 2.1-341.1~ Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, Mary F. Par~er, C~C/AAE City Clerk MFP:ra Enc o pC: Mr. James M. Turner, Jr., Chairman, Roanoke City School Board, P. O. Box 16~9, Salem, Virginia 24153 Dr. Frank P. Tota, Superintendent of Schools, P. G. Box 13145, Roanoke, Virginia 24031 Mr. Ricaard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. 0. Box 13105, Roanoke, Virginia 24031 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 CO~4MON~EALTR OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, ~ary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the seventeenth day of September, 1990, CHARLES W. DAY was elected as a Trustee of the Roanoke City School Board, to fill resigned, ending June the unexpired term of E. Clabon Edwards, 30, 1993. Given under my hand and the Seal of nineteenth day of September, 1990. the City of Roanoke this City Clerk MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE Office of the Mayo~ September 17, 1990 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, corrgnission$ and committees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950)~ as amended. Sincerely, Noel C. Taylo] Mayor NCT: se Room452 Municipaltiuilding 215Church Avenue, S.W..Roanoke, Virginia 24011 (703)981-2444 Office of the City Clerk September 12, 1990 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I would like to request that Council meet in Executive Session to discuss a personnel matter, specifically the appointment of a specific public officer in accordance with Section 2.1-344 (a) (I), Code of Virginia, 1950, as amended. With kindest personal regards, I am Sincerely, Personnel Commit tee HEM:gd Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Roanoke, Virginia September 17, 1990: Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: Subject: Request for Executive Session I request that Council convene in Executive Session to discuss acquisition and/or use of real property for public purposes and/or disposition of publicly held property and to discuss specific legal matters requiring the provision of legal advice by counsel, specifically relating to the terms and conditions of a proposed agreement for new regional landfill facilities pursuant to Sections 2.1-344(A)3 and 2.1-344(A)7, Code of Virginia (1950), as amended. Respectfully, W. Robert Herbert City Manager WRH:KBK:pr CC: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations September 17, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Re: R~equest for Executive Sessio,, Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss disposition of publicly held property, specifi- cally conveyance of a parcel of land for economic development pur- poses, pursuant to §2.1-344(A)(3) Code of Virginia (1950), as amended. , Very truly yoDrs, W. Robert Herbert City Manager WRH:shm cc: Mary F. Parker, City Clerk Office of the City Clerk September 19, i990 File #178 Mr. ~allace I. Allen 3821 Harvest Lane, N. W. Roanoke, Virginia 24017 Uear ~4r. Allen: Your communication tendering your resignation as a member of the City of Roanoke Redevelopment and Housing Authority Board af Commissioners, was before the Council of the City of Roanoke at a regular meeting held on Monday, September 17, 1990. On motion, duly seconded and unanimously adopted, the com- munication ~s received and filed and the resianation ~s accepted with regret. ~ The Council requested that I express its sincere appreciation for the many services you have rendered to the City of Roanoke as a Commissioner of the Authority. Please find enclosed a Certificate of Appreciation issued by the Vice-~ayor on behalf of the ~4embers of City Council. ' Sincerely, ~.~___ ~4ary F. Parker, CMC/AAE City Clerk MFP:ra Eric . pc: Or. ~endell ~. Butler, C~airman, Roanoke Redevelopment and Housing Authority, 2118 Andrews Road N. ~., Virginia 24017 , Roanoke, Mr. Herbert O. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike ~. ½., Roanoke, Virginia 24017 ' Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Dominion Bank PO Box 13327 Roanoke~ Virginia 24040-0001 Wallace 1. Allen Senior Vice President DOMINION August 23, 1990 The Honorable Noel C. Taylor Mayor of Roanoke Members of City Council Room 452 215 Church Avenue, SW Roanoke, Virginia 24011 Dear Mayor Taylor & Council Members: I regret to inform you that effective immediately, I must submit my resignation as a member of the Board of Commission for the Roanoke Redevelopment & Housing Authority. I especially regret the timing of this announcement which unfortunately occurs a few weeks after you appointed me to this board. However, some recent developments in my life which were unanticipated and unexpected will inhibit my ability to effectively discharge the responsibilities of this appointment. I am grateful to you for the confidence that you have shown in me by appointing me to this commission. Please understand that this decision was made after considerable thought. Sincerely yours, Senior Vice President Branch Administration WIA/add cc: Wendell Butler Pending Items Referral Date 7/10/78 2/23/87 6/20/88 1/9/89 8/14/89 8/14/89 12/18/89 from July 10, 1978, through August 27, 1990. Referred To City Manager Item Recorr~nendation No. 11 con- tained in the Mayor's 1978 State of the City Message. (Development of Mill Moun- tain hotel.) Regional Cable Television Corrgnittee Request of Cox Cable Roanoke for a renewal of their fran- chise agreement in order to simplify and clarify langu- age, make certain additions and deletions, and extend the term. Regional Cable Television Committee Communication advising of Cox Cable Roanoke's intent to seek renewal of the Cable Television Franchise in the City of Roanoke. City Manager Matter with regard to speed- ing on Hemlock Road, N. W. City Manager Mayor's 1989 State of the City Recommendation No. 10 - establish linear parks with flowers, street scenes, benches and walkways at the proper points on both sides of the railroad. City Manager Trade and Convention Center Committee Mayor's 1989 State of the City Recommendation No. 12 - consider the conversion of the former Railway Passenger Station into a visitorts center if the property is made available to the City in the future. City Attorney Communication from Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals~ requesting an amendment of Section 62(8), Zoning, of the City Charter to provide that the terms of members of the Board of Zoning Appeals shall be staggered so that no more than two members will be eli- gible for reappointment at any given time. -1- Pending Items Referral Date 1/8/90 6/25/90 7/9/90 7/9/90 7/23/90 7/23/90 from July I0~ 1978, Referred To City Attorney City Manager City Attorney Director of Finance City Manager Director of Finance City Manager City Manager City Manager through August 27~ 1990. Item Requested to conduct a review of the City's Zoning Ordi- nance to determine if stronger regulations and management procedures are in order for certain zoning mat- ters. A communication from Vice- Mayor Beverly T. Fitzpatrick, Jr., with regard to potential benefits of a lobbyist to assist elected officials with certain projects which are important to the economic vitality of the City of Roanoke. Matter with regard to the Pay Plan for Roanoke City employees. Request of Mr. Ted H. Key, Executive Director~ William- son Road Area Business Association, Inc., that the City fund the balance of $9,494.00 needed to complete the beautification - land- scape project at Breckinridge Middle School. Request to provide a more conclusive report and recom- mendation with regard to an "Employee of the Year" Program as recommended by the Mayor. Request to submit a report and recommendation to Council in conjunction with the realignment of Second Street/ Gainsboro Road and Wells Avenue to provide for the buying of power and telephone lines along Jefferson Street in the vicinity of the historic sanctuary of First Baptist Church to be known as "Old First." -2- Pending Items Referral Date 8/13/90 8/13/90 8/27/90 8/27/90 8/27/90 8/27/90 from July 10~ 1978~ Referred To City Manager City Attorney City Manager City Manager City Manager City Manager City Attorney Director of Finance City Manager through August 27~ 1990. Item Request of Roanoke and Bote- tourt Telephone Company with regard to a franchise to use the streets and public ways of the City to construct a fiber-optic telecommunica- tions system. Petition from managers and owners of certain retail stores located in Southwest Plaza requesting the removal of a traffic sign which pro- hibits left turns from Grandin Road Extension onto Mudlick Road~ S. W. at cer- tain hours of the day. A communication from Council Member David A. Bowers pro- posing that certain actions be taken to prepare for a possible deficit in funding from the Commonwealth of Virginia. Requested to investigate the feasibility of instituting an "Adopt-A-Program~" an arrange- ment whereby businesses could fund a specific City program for a certain period of time. Request of Habitat for Humanity in the Roanoke Valley to be granted a tax- exempt status on certain lots located in the City which are owned by Habitat to be used as sites for constructing houses for sale to low income families at cost. Communication from the South- western Virginia Building and Construction Trades Council expressing concern over the bidding process to be used for the expansion and renova- tion of the Hotel Roanoke. -3- Pending Items Referral Date 8/27/90 from July 10, 1978~ Referred To City Manager through August 27~ 1990. Item Requested to work with Center In The Square officials with regard to the posts along Campbell Avenue for the canopy as well as posts located in the vicinity of the Roanoke Museum of Fine Arts and Science Museum. Office of the City Clerk September jy, 1990 File #323 Mt'. Frank J. EastOurn, Cllairman Roanoke Public Library Board 1810 Denniston Avenue, S. ~. Roanoke, Virginia 24015 Dear Hr. Eas[burn: 7his is to advise you that as a member of the Roanoke three years ending June 30, ~s. Elizabeth B. ~atts has Public Library Board for 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk qualified a term of ~FP:ra pc: ~s. Beverly Bury, City Librarian Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 0-2 Oath or Affirmation of Office State ot Virginia, (liter oJ Roanoke, to .~it: I, Elizabeth B. Watts , do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that ! will faithfully and impartially discharge and perform all the duties incumbent upon me aa a member of the Roanoke Public Library Board, for a term of three yes, rs ending June 30, 1993. according to the best of my ability. So help me God. Subscribed and sworu to before me, thi~~_day of..,,/~_4~t-g)~, /~D June 27, 1990 File #15-323 Ms. Elizabeth B. Watts 1272 Rockland Avenue, N. Roanoke, Virginia 24012 Dear Ms. Watts: At a regular meeting of the Council of the City of Roanoke held on Monday, June 25, 1990, you were reelected as a member of the Roanoke Public Library Board, for a term of three yearS ending June 30, 1993. Enclosed you will find a Certificate of your reelection and Oath or Affirmation of Office which may be administered by ti Clerk of the Circuit Court of the City of Roanoke, located on t~ third floor of the Roanoke City Courts Facility, 315 Churc~ Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, /~A~-----~ Mary F. Parker, CMC/AAE City Clerk MFP: r a REELECT. 3 Enc . pc; Dr. Frank J. Eastburn, Chairman, Roanoke Public Board, 1810 Oenniston Avenue, S. W., Roanoke, 24015 Ms. Beverly Bury, City Librarian Library Virginia Room 456 Municil~al Building 215 Church Avenue SW Roanoke, Virginia 240t I (703) 981-2541 CO~4M©NWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker,~ City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 25th day of June, 1990, ELIZABETH R. ~ATTS was reelected as a member of the Roanoke Public Library Board, for a term of three years, ending June 30, 1993. Given under my hand and the seal of the City of Roanoke this 27th day of June, 1990. City Clerk Office of the City Clerk September 19, 1990 File #20-264 ?ir. ~'. Robert [terbert City ,~anager _~oanuke, Virginia Dear Hr. ~erbert: [ am attachi,~g copy of a communication from ~r. ~avid ~. ~ance with regara to t~e removal of the traffic sign which prohibits left turns from Grandin Road Extension onto ~udlick Road, S. ~., between the hours of 7:u0 a.m. and 9:00 a.m., w~icn communication was before the Council of tt~e City of Roanoke at a regular meeting hela on ~onday, September 17, 1990. ©n motion, auly secondea and unanimously adoptea, the matter ~as referred to you for review and report to Council. Council ~emDer Harvey requestea that you provide information as to efforts that ~ere maae by the City to encourage participation by the neigh- Dorhoods in the area prior to the time that a decision was maae to prohibit left turns onto Mudlick Road. Sincerely, _ Mary F. Parker, CMC/AAE City Clerk ~FP:ra Eric. pc: ~r. Oavid M. Virginia 24018 Nance, 3555 Grandin Road, S. ~., Roanoke, Room 456 Municipal Building 218 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 ROANOKE, VIRGINIA September 17, 1990 Honorable Mayor and City Council Office of the Mayor Municipal Building - Room 456 215 Church Avenue, S.W. Roanoke, Virginia 24011 RE: PETITION FOR REDRESS Dear Members of City Council: We, the residents of the Greater Mudlick/Deyerle Neighborhood, including Airview Court, Westchester, Westchester Court, Windsor Hills, Windsor Court and Hidden Valley Estates, are asking for your help. Specifically, we want you to intercede on our behalf and direct the City Administration to remove the recently installed "No Left Turn" sign at the intersection of Grandin Road Extension and Mudlick Road. For the past several weeks we have attempted to resolve this matter through requests to the City Administration and failed. Therefore, we are presenting you with the attached "Petition for Redress" signed by us in the hope that City Council will fully realize our concerns and that fairness will prevail. We feel the "No Left Turn" sign should be removed for the following reasons: As residents of these neighborhoods we need to use Mudlick Road during the morning to travel to our work- places, to do our shopping, and to take our children to neighborhood pre-schools, Grace Academy and Woodrow Wilson Middle School. As taxpayers, employees and/or business owners in the City, we have used Mudlick Road for years. Why are we now expected to travel miles out of our way to avoid this road for reasons which are not at all clear to us? 2 o We feel it is fundamentally unfair for the City to attempt to re-route traffic flow which, in effect, removes traffic from Mudlick Road and diverts it to Grandin Road Extension. There are individuals in the City Administration who maintain that Mudlick Road is more residential than Grandin Road Extension and, therefore, less traffic should be permitted on Mudlick. We have asked what criteria makes a street more or less residential than another street, but have not received an explanation. We feel to say that Mudlick Road is more residential than Grandin Road Extension is completely unreasonable. There are 65 homes on the 0.9 miles of Grandin Road Extension from Mudlick Road to the intersection of Garst Mill Road and Circle Drive. However, there are only 54 homes on the 1.3 miles of Mudlick Road from Grandin Road Extension to Brandon Avenue. September 17, 1990 Members of City Council Page 2 To force many of the people in our neighborhoods to travel Grandin Road Extension (especially during school months) creates an additional safety hazard. As City Council is aware, Grandin Road Extension ends at the intersection of Grandin Road and Garst Mill Road where there are no traffic signals to regulate traffic. This will create more traffic jams and certainly increase the probability of more accidents at this intersection. In addition, routing more traffic down Grandin Road Extension and onto Grandin Road increases the amount of traffic in the area of Patrick Henry High School, the Governor's School and Raleigh Court Elementary School. o According to City officials, the installation of this sign was part of a series of traffic control measures agreed to by the City in exchange for the leaders of one neighborhood association agreeing not to oppose the Peters Creek Road Extension. This agreement was concluded as a result of at least three closed door meetings in which a majority of residents were not represented. In fact, the City recently received an award from the Virginia Municipal League for using this "Conflict Resolution Process." We find it un- fortunate that representatives from each potentially affected street were not allowed to participate. We still have not received an explanation as to why this was allowed to happen. o We believe that if and when the Peters Creek Road Extension is completed, then and only then, should traffic control measures be studied to determine if it is necessary to relieve traffic on Mudlick and Deyerle Roads. To simply force so-called traffic control measures on many of the residents of our neighborhood at least five years before completion of the Peters Creek Road Extension is not reasonable nor fair. In conclusion, we feel the above facts to be sufficient to ask City Council to intercede in this matter on our behalf. We, again, stress to Council that a majority of the affected residents were not represented by the Conflict Resolution Process. Therefore, the undersigned residents request the members of City Council to take action by directing the Admin- istration to remove this "NO LEFT TURN" sign as soon as feasibly possible. September 17, 1990 Members of City Council Page 3 Your time, consideration and assistance in this greatly appreciated by the more than two-hundred who have signed the attached petition. Respectfully, David M. Nance Spokesperson for the attached Petitioners matter are individuals Copy: W. Robert Herbert, City Manager Roanoke Times & World News WDBJ - TV WSLS - TV WFIR - Radio Olfice of the City Clerk September 19, 1990 File #467-256 ~r. ~. Robert Herbert City ~anager ~oanoke, Virginia Dear ~r. Herbert: At the regular meeting of the Council of the City of Roanoke I~eld on Monday, ~e_~e~ ~. _~., Mr. Douglas J. Fonder addressea Council on behalf of Roanoke Valley Swimming, Inc., with regard to the construction of an indoor swimming facility to be located between Fishburn Park Elementary School and James Madison ~iddle School. On motion, duly seconded and unanimously adopted, the matter was referred to you for review and report to Council. Council Member ~nite requested that you adaress the following questions in your report to Council: 1. Is there any assurance that the swimming pool will be available to the total community? 3 o Is the proposed site the best location, inasmuch as Virginia ~;estern Community College may need additional space for expansion in the future? ~as the idea taken into consideration of retrofitting the City's two existing s~imming pools with a collap- sable roof for yearSincerely,r°una use? .~/'/~ ~ary F. Parker, CMC/AAE City Clerk ~FP:ra pc: Mr. Harry L. Marsh, President, ~oanoke Valley Swimming, P. O. Box 556, Vinton, Virginia 24179 Mr. Douglas J. Virginia 24018 Fonder, 3439 Halevan Road, S. W., Roanoke, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Roanoke Valley Swimming, Inc. '~,; 1 RO. Box 556 · Vinton, Virginia 24179 703-343-7822 September 11, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Municipal Building 215 W. Church Avenue Roanoke, VA 24011 Attn: Mary Parker, City Clerk Dear Mayor Taylor: On behalf of Roanoke Valley Swimming, Inc., a non-profit organization, please accept our request to appear before City Council on their next scheduled meeting of September 17, 1990. The purpose of our presentation is to discuss the construction of an indoor swimming facility to be located between Fishburn Park School and Madison Middle School. Very truly yours, pB~sh Be the Best You Can Be Office of the City Clerk September 19, i990 File #292 The Honorable Noel C. Tayor ~ayor Hoa~oke, Virginia Mr. ~. Robert ~erOert City ~anager Roanoke, Virginia Gentlemen: I am attaching copy of a communication from Vice~~ayor Howard E. ~usser, recommending the formation of a Coalition of Local Government Officials of Southwest Virginia, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, September 17, 1990. On motion, duly seconded aha unanimously adopted, the matter was referred to you to pursue tae suggestion and to determine if there is an interest in forming the Coalition. Sincerely, ~ Mary F. Parker, C~C/AAE City Clerk ~FP:ra Er~c. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the Council September 12, 1990 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I had the opportunity to discuss the consolidation issue with the goverment leaders in Southwest Virginia during the Virginia Municipal League in Williamsburg. Their thoughts were the same as mine as to the importance of consolidation to all of Southwest Virginia. It is felt that none of us as cities, towns or coun- ties can afford the luxury of future actions with self-serving motives because the actions taken by one locality affects all localities to some degree in the southwestern part of the state. Considering the effect that these actions have on other locali- ties either direct or indirect, and considering the downturn in the economy, along with the effect that state budget cuts will have on all of us, I am requesting that the City of Roanoke take the initiative and contact leaders in other cities, towns and counties west of Roanoke with the possibility of forming a Coalition of Local Government Officials of Southwest Virginia. The purpose of this organization would be to meet and discuss problems and possible solutions to these problems that affect all of us. The frequency of these meetings would be determined by the organization, should it be formed. This organization would work closely with the staff of the Virginia Municipal League. f feel this working relationship is necessary for the future viabi- lity of Southwest Virginia~ regardless of the outcome of the con- solidation attempt in November. Considering the land areas we have and the continuing shift of population to the northern part of the state, we must speak with one voice in order to be heard. We either succeed together' or we will lose separately. Sincerely, Howard E. Musser Vice-Mayor HEM:gd Room 456. MunicipalSuildi~g 215 Chu~(hAvenue, S W Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk September 19, 1990 File #47 Ur. ~,. Robert Herbert Hr. ~ilburn C. Dibling, City ~anager City Attorney Roanoke, Virginia Roanoke, Virgi~ia Gentlemen: Jr. I am attaching copy of a communication from Mr. Richard F. P~nce, Attorney, transmitting a petition on behalf of Yellow Cab Services of Roanoke, Inc., requesting an increase in the rates presently charged for taxicab service and for-hire automobiles in tae City of Roanoke, which petition ~as before the Council of the City of Roanoke at a regular meeting held on Monday, September 17, 199~. Gn motion, duly secondea and unanimously adopted, the matter ~s referrea to you for review and report to Council. Council Member Harvey requested that you determine if there is a method by which the rate increase could be granted temporarily ~vhich would pro- vide that if the price of fuel decreases, taxicab rates would also decrease. Council ~ember ~hite requested that you provide information with regard to the number of users of the taxicab service ana the times of the month that persons tend to use the service more frequently. Also, you were asked to determine the reason wi~y Yellow Cab Services has not requested a rate increase in five years. Council Member Fitzpatrick requested that you review the feasiOility of escalating the rates each year based on the Consumer Price Index. Sincerely, ~~ ~ary F. Parker, CMC/AAE City Clerk MFP:ra ~nc. pc: ,~r. Richard F. Virginia 24007 Pence, Attorney, p. O. Box 1371, Roanoke, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2841 DODSON, PENCE, VIAR, WOODRUM & MACKEY September 10, 1990 Mrs. Mary F. Parker City Clerk Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Yellow Cab Services of Roanoke, Inc. Petition for Rate Increase Dear Mrs. Parker: On behalf of our client, Yellow Cab Services of Roanoke, Inc., I am enclosing herewith a petition to City Council for an increase in the taxicab rates presently charged in Roanoke. Attached to the petition is a suggested draft of an ordinance relating to the requested rates. I will appreciate your filing this petition and placing it on the agenda for City Council's meeting of Monday, September 17, 1990. Thanking you for your assistance and with kindest personal regards, I am Very truly yours, Richard F. Pence RFP/prt cc: Mr. T. E. Roberts, President Yellow Cab Services of Roanoke, Inc. PETITION TO THE COUNCIL OF THE CITY OF ROANOKE: Yellow Cab Services of Roanoke, Inc., hereby respectfully petitions the Council for an adjustment in rates for taxicab service and for-hire automobiles in the city of Roanoke, which rates are regulated by Council under Section 34- 130 of the Code of the city of Roanoke (1979), as amended. There has been no increase in taxicab fares for five years. Because of continuing and substantial increases in the cost of doing business, your petitioner is compelled to petition Council for an adjustment in the rates for service. The proposed new rates represent an approximate seventeen percent (17%) increase over present rates, and are required if the cab company is to partially offset increased costs of doing business which have been experienced since Council last allowed an increase by ordinance adopted August 26, 1985. The increased costs are dramatic: wages (office and garage) are up 80% over 1985 wages; insurance costs are up 60%; repair costs are up 100%; the cost of new taxicabs has increased 30%; and other costs are commensurately higher. With low unemployment in the Roanoke Valley, it is becoming increasingly difficult to obtain competent, responsible drivers. The requested increase will provide higher earnings to this traditionally underpaid segment of the work force. - 2 - A draft of an ordinance containing the proposed amendments is attached and, if adopted, will increase the initial rate from $1.40 (1/6 mile) to $1.60 (1/7 mile), and the mileage rate from 20 cents for each additional 1/6 mile to 20 cents for each additional 1/7 mile. Since the average trip in Roanoke presently costs $3.60 (2 miles), the average increase in fare will be 60 cents per trip, an increase of 17%. There will also be a modest increase for extra passengers: from 20 cents per extra passenger to 30 cents per extra passenger. There will be no increase in the charge for waiting time. Since Council last increased taxicab rates in 1985, Yellow Cab has continued to meet adequately the public's need for taxicab service in the city of Roanoke. This service is now being provided only by Yellow Cab, but at heavy financial loss to the Company. The proposed increase in rates is in line with those proposed or in effect in major cities in Virginia and throughout the nation. It should be noted that many cities levy extra charges not found in Roanoke (e.g., for packages, laundry, night service, etc.). It should be further noted that the taxicab industry is not subsidized in any manner whatsoever by any governmental agency, at any level. - 3 - Copies of this petition, with supporting data, have been delivered to the City Manager for study and report, and it is respectfully requested that the Council grant the request of this petition as expeditiously as possible. Respectfully submitted, YELLOW CAB SERVICES OF ROANOKE, INC. T. E. Roberts IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE amending and reordaining subsection (g) of Sec. 34-130, Rate Schedule, of the Code of the City of Roanoke (1979), as amended, establishing a schedule of rates to be charged and collected for the transportation of passengers by taxicabs and for-hire automobiles within the City of Roanoke. BE IT ORDAINED by the Council of the City of Roanoke that subsection (g) of Sec. 34-130, Rat~ Schedule, of the Code of the City of Roanoke (1979), as amended, shall be amended and reordained as follows: Sec. 34-130. Rate Schedule. (g) The rates for services rendered by taxicabs and for-hire automobiles shall be as follows: (1) Distance r~tes: (a) For the first one-seventh (1/7 mile or fraction thereof, one dollar and sixty cents ($i.60). (b) For each additional one-seventh (1/7) mile or fraction thereof, twenty cents ($0.20). (2) Time rates: For each one minute of waiting time, twenty cents ($0.20). While a charge is made for waiting time, there shall be no charge for mileage under the foregoing distance rates. (3) Extra passengers: For each additional passenger, thirty cents ($0.30). ATTEST: City Clerk Office of the City Clerk September 19, 1990 File #53-207 qr. Harweli M. Darby, Jr. Attorney P. 0. Box 2887 Roanoke, Virginia 24001 Oear ~r. Darby: I am enclosing copy of Resolution No. 30230-91790 approving, among other things, the issuance of not to exceed $173,000,00.00 aggregate principal amount of the Inaustrial Developmen~ Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Roanoke ~emorial ~ospitals, Community Hospital of Roanoke Valley and Franklin Memorial Hospital Project) Series 1990, to tt~e extent required by Section 147 of the Internal Revenue Coae of 1986, as amended. Resolution No. 30230-91790 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, September 17, 1990. Sincerely, ~~ ~4ary F. Paricer, CMC/AAE City Clerk ~FP:ra pc: Mr. Jack C. Smith, Chairman, Industrial Development Authority, 201 Park Crest Road, S. ~., Roanoke, Virginia 24014 ~s. ~orgaret Baker, Secretary, Industrial Developmettt Authority, 14 ~st Kirk Avenue, Roanoke, Virginia 24011 Mr. ~. Robert Herbert, City ~anager Mr. Joel ~. Schlanger, Director of Finance Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 WHB~RAI, the Roanoke Authority'has by resolution adopted ~uqyst 7, 1990 (the '~nducement ~esolution.) evidenced its desire co ~ssu8 i~s revenue bonds for the following purpoeeet (l)(a) financ~ng,.or reimbursing ~ ~or f~nancLng, a portion of the ~nd.e~andinq certain other pQrt~onl of ~a exlltin~ ~aclli~iel, and (iii) acquiring certain oa~i~l e~[~-~-~ ProJect')~ (b) f~nanc~nq for ~V a port,on of ~ costs of (~) constructing and e~pp~nq a ne~ obstetrics ~t, (i~) renovating certain o~er port~ons of ~ha ex~st~nq hospital faollit~es, (~[) ac~r~nq certain capl2al e~p~en2 ~or use ~n r~ a portion of the coetl of (~) conltruct~nq and e~pp~ng an approx~atel~ 20,000 e~are foot outpatient v~ng, (l~) con~tructing and I~ipp~ng a 2~500 I~are foot services v~ng, (~) renovating cer2a~n other po~onl of the ex~sk~ng hospital facilities, and (~v) acc[ring certain e~p~en~ for use in the ~ hospital fic~l~t~el (the Project~) (the ~ Pro~ect, the ~V ProJec2 and ~e ~ Pro~ect Roanoxe A~thoF~cy ~oF the of or RondoS); and IrX~.F~B, the Roanoke Authority has by resolution adopted Septenber 4, 1990 (the 'Roanoke Authority ResOlution.) authorized the issuance of not to exceed $173,000,000 aggregate pr~ncipal anount of ~ts Hospital Revenue Bonds (Roanoke Manorial Hospitals, Connunit~ Hospital of Roanoke Valle~ and Franklin ~?~p~sl P~o~ect) S~iee 19~ (the 'Bonds') for tho purpose of ~A~ E~nanc~ng s per, Ion of ~s costs of the Pro, act, (i~) refunding the Pr~or Bonds, (ll~) paying a portion of the ~nterset ~co~ul~g on.~.? ~onds.durLng the construction per~od of the ~ro~ecc, aha (xv) paying certain expenses incurred in connection with the authorizat~on and issuance of tho Bonds; and WHBItBAI, the Industrial Devslopnant Authority of C~unty, Virgin,s (the #Franklin Authority#) has by resolution aa~s~ Ssptenber 4, 1990 (the #Franklin Authority Reeolution. J :~norl~sd tho issuance by the Roanoke Au2horit¥ of the Bonds;' 111~RL~I, the Board of Supervisors of Franklin County, V~rq~nia (the 'Board.) has by resolution adopted September 4, ~9~0 (the."~oar~ ~?solut~on#) co,cufFed vlth the adoption of the ~n~ce~n~ ~s~u~o~ ina authorized the issuance by the Roanoke AU~flor~¥ O~ ~ne ~once, thus alloying ~ to participate in the financing; and 2 ~z~.~,~A~, the ¢~ty ¢ounci~ of the city of Re··eke, virginia (the #council") must first approve the issuance of t~e Bonds before the Roanoke Au~tority can proceed with the financing; ·nd W~L~RAf, the Roanoke Authority has d·livsred or caused to be delivered to the Council the £ollowing~ (i) a reasonably detailed sum-sty of the comments express·d ·t ~he public he·ring held by the Roanoke Authority in connection wi~h the issuance of Bonds, (ii) s fiscal impact statement concerning the Project the Bonds in the form sp·cifisd in Section 15.1-1378.~ of the Act, ·nd a copy of tho Rs·nots Authority Resolution which constitutes the reconnendation of the Roanoke Authority that the council approve the financing of the Project, the r·funding of the Prior Bonds ·nd the issuance of the Bonds; ·nd WHZRHAf, the Franklin Authority ·nd tho Board have delivered or caused to be delivered to tho Council the following~ (i) s reasonably detailed e~·ry of the comments expressed ·t the public hearing held by th· Franklin Authority in connection with the issuance of tho Bonds, (ii) · fiscal impact statement concerning the Project and the Bonds in the fern specified in Bection 15.1-1378.2 of the Act, (iii) · copy of tho Franklin Authority Resolution ·uthorizinq the issuance by the Rca·ok· Authority of the Bonds, and (iv) a copy of the Board Resolution concurring with tho Inducement Resolution and authorizing the issuance by the Roanoke Authority of the Bonds; end WKBRBA~, the Council has determined that it is appropriate at aais time to approve the issuance b~ the Re··eke Authority of not to exceed 0173,000,000 aggregate principal amount of the Bonds to promote the improvement of health and living conditions of the people of the City of Roanoke, Franklin County and the Commonwealth of Virginia, increase opportunities for gainful employment, improve health care and otherwise aid in improving the prosperity and welfare of said City, County and State and its inhabitants by improving the hospital facilities of RHH, C~tV and I~H; respectively; Section 1. ~he Council hereby approves the issuance bM the Roanoke Authority of not to exceed $173,000,000 aggregate principal amount of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Roanoke Hemorial Hospitals, Community Hospital of Roanoke Valley and Franklin Memorial Hospital Project) Series 1990 for ~.he purpose of (i) financing s portion of tho costs of the Project, (ii) refunding the Prior Bonds, (iii) paying · portion of the interest 3 accruing on the Bonds during the construction period of the Project, end (iv) paying certain e~q~enses incurred in connection with the authorization and issuance of the Bonds. seotAon ~. T~e Mayor or the vice Mayor, ~he Clerk or any Deputy Clerk of the Council ara hereby authorized and directed On behalf of 'the Council to take any and all action necessary,' including the execution of any documents, to consummate the sale of the Bonds in confor~ity with the provisions of mis resolution. leotiom ~. ~e approval of the issuance of the Bonds, ss required by Bection 147(f) of the Internal Revenue Code of 1986, aw amended end the Act, does not constitute an endorsement to any prospective purchaser of the Bonds of the creditwor~hinaea of RMH, CI~v or FMH, and, aa required by ~he Act~ the Bonds shall provide ~hat neither the Co~onwealth of V~rq~nia, ~e C~y nor the Roanoke Authority shall be obligated to pay ~e principal of, the rede~ption premix, ~f any, or ~e ~nterest on the Bonds or o~her coe~. Lncident there~o except from the revenues and funds pledged therefor and neither ~e fa~ or credit nor ~h. taxing power of 2he Co~onwealth of Virq~nia, the City ~or ~e Roanoke Authority shall be pledged thereto. Section 4. This Resolution shall take effect immedia~ely upon its passage. 4 GLENN, FLIPPIN, FELD~NN ~ D~i~BY September 11, 1990 HAND DELIVERED Members of the Roanoke City Council c/o Mary F. Parker, Clerk Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Industrial Development Authority of the City of Roanoke $173,000,000 Hospital Revenue Bond Financing (Carilion Project) Series 1990 Gentlemen and Mrs. Bowles: The Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), has held a public hearing for Roanoke Memorial Hospitals ("RMH") and Community Hospital of Roanoke Valley ("CHRV") and Franklin Memorial Hospital ("FMH") which are requesting a bond financing not to exceed $173,000,000 to (1) finance a portion of the costs of the acquisition, construction, renovation and equipping of certain health care facilities (collectively referred to herein as the "Project") for FMH and CHRV, both located in the City of Roanoke, Virginia, and FMH, located in the Town of Rocky Mount, Franklin County, Virginia, and (2) refund certain bonds and notes previously issued by the Authority for the benefit of FMH and CHRV. Enclosed is the formal information package explaining the project and a form of resolution to be submitted for action at your September 17, 1990, meeting. The Industrial Development Authority of Franklin County, Virginia, and the Board of Supervisors of Franklin County, Virginia, have conducted similar proceedings as to the Franklin County portion of the financing. Also enclosed is an information package as to that aspect of the financing, including a certified copy of the Board of Supervisor's resolution. OLENN, FLIPPIN, 1;ELDNiANN & DARBY Members of Roanoke City Council Page 2 September 11, 1990 Cordially yours, Harwell M. a~rby, Jr. bgm:0042082 Enclosures cc: Mr. Jack C. Smith w/encs. Wilbur C. Dibling, Jr., Esq. w/encs. Mr. W. Robert Herbert w/encs. Brian P. Koscelansky, Esq. w/encs. Alton L. Knighton, Jr., Esq. w/encs. A~ NUHmER - 8171278~ PUBLISHER'S FbE - $480.00 ~ARdELL M CAk~Y JR 2Gu FIRST CAMPmELL SW ROANOKE VA 24011 STATE OF VIRGINIA CIIY GF KCANOKE ~FFIOAVIT CF PU~LICAIIbr~ I, (THc UNDERSIGNED) AN AUTmO~IZED REPRESENTATIVE CF THE II~ES-wORLO COR- PORATION, ~hlCh CGRPQRAI'ION IS PU5LiSHER OF THE ROANONE TIMES ~ ~GNL~-NE~S~ A OAIL~ NEWSPAPE~I ' ~ ~- PU~LISHmu iN ROANOKE, IN THE S~ATE OF VIRGINIA, DO CERTIFY EhAT THE ANNEXED F~OTICE NAS PUmLfSHED IN SAID NEwSPaPERS ON ThE FOLLO~imG OATHS 0o/20/~0 MORNING 08/27/~0 MORNING wITNESS, ThI~'~/~STH DAY OF AUGUST 1990 · '-7; 7'] ' A~THSA[~ED SI~NATUAE (12784) EXHIBIT A CERTIFICATE OF PUBLIC HEARING The undersigned, Shirley L. Coleman, assistant secretary of the Industrial Development Authority of the City of Virginia (the Authority), does hereby certify as Roanoke, follows: 1. Publication of Notice of a public hearing of the Authority in accordance with the provisions of §15.1-1378.1 of the Code of Virginia, 1950, as amended, was made on August 20, 1990 and August 27, 1990, in the Roanoke Times and World News, a newspaper of general circulation published in the City of Roanoke, Virginia. A copy of the Notice and a Certificate of Publication is attached hereto as Exhibit A. 2. The Authority held a public hearing as advertised on September 4, 1990. 3. A reasonable detailed summary of comments from the general public received by the Authority at the public hearing is attached hereto as Exhibit B. 4. At a special meeting of the Authority on September 4, 1990, at which a quorum of the directors of 'the Authority was present and acting throughout, the Authority adopted its resolution, a copy of which is attached hereto as Exhibit C. 5. Attached hereto as Exhibit D is a fiscal impact statement in conformance to § 15.1-1378.2 of the Code. 6. Attached hereto as Exhibit E is a copy of an inducement resolution adopted at a special meeting of the Authority held August 7, 1990. WITNESS my hand this 4th day of September, 1990. Shirley L. e~creman, Assistant etary Industrial Development Authority of the City of Roanoke, Virginia Attachments: A - Copy of Notice and Publisher's Certificate B - Comments received from the General Public C - Resolution D - Fiscal Impact Statement E - Inducement Resolution 2 INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA Re: Carilion Health Systems Page __ of STATEMENTS MADE BY MEMBERS OF THE GENERAL PUBLIC AT A PUBLIC HEARING HELD SEPTEMBER 4, 1990, at 11:00 a.m. Name: Address: Affiliation: Summary of Comments: NONE WERE RECEIVED ]FOR [ ]AGAINST [ ]UNDECIDED EXHIBIT B WH~REA~, ~he Industrial Development Authority of the City of Roanoke, virginia (the "Authority") is a political sLLbdivision of the commonwealth of Virginia and is authorized under Chapter 33, Title 15.1, Code of Virginia of 1950, ss amended (the "Act"), to make and execute financing agreements; contracts, deeds and other instruments necessary or convenient for the purpose cf facilitating the financing of certain projects required or useful for health care purposes, including furnishings, machinery, equipment, land, rights in land and other appurtenances and facilities related thereto, to the end that the Authority may be able to promote the improvement of health end living conditions of the people cf the Commonwealth of Virginia, increase opportunities for gainful employment, improve health care otherwise aid in improving the prosperity and welfare of Virginia and its inhabitants, and to provide such financing through the issuance of revenue bonds; and ~R~a, Roanoke Memorial Hospitals ("PJ~") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates e health care facility located in the City of Roanoke, Virginia; end WH~R~W$, Community Hospital of Roanoke Valley ("CHRV") is a private, nonstook corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Roanoke, Virginia; and W~AS, Franklin Memorial Hospital ("F~") is a private, nonstcok ccrpcration duly inoorpora=ed and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care £aoility located in ~he Town of Rocky Mount, Franklin County, virginia; and WKRRR~8, the Authority desires to issue its revenue bonds for the following purposes: (I)(a) financing, or reimbursing for financing, a portion of the costs of (i) acquiring, EXHIBIT C constructing and.squippi~ a new seven-story, 260,000 square foot patient care pav~lion, (~) renovating and expanding certain other portions of the existing hospital facilities, end (iii) acquiring certain capital e~uipment for use in or in connection with the RHH hospital facilities (%he "PJ~H Project"), (b) financing for CHRV a portion of the costs of (i) constructing and equipping a new ObStetrics unit, (ii) renovating certain other portions of the existing hospital facilities, and (iii) acquiring certain capital equipment for use in %he CHRV hospital facilities (the "C~V Project"), and (o) financing for F~{ a portion of costs of (i) constructing and equipping an approximately 20,000 square foot outpatient wing, (ii) constructing and equipping 2,~00 square foot obstetrical services wing, (iii) renovating certain other portions of the existing hospital facilities, and (iv) acquiring certain capital equipment for use in the hospital facilities (the "FHH Project") (the ~ Project, the CHRV Project and the F~H Project are hereinafter collectively referred to as %he "Project"), and (II) refunding certain bonds and notes previously issued by the Authority for the benefit of RMH or CHRV (the "Prior Bonds"); and WHEREAS, the Authority has determined %hat the issuance of its Hospital Revenue Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley and Franklin Memorial Hospital Project) Series 1990 in the aggregate principal amount not to exceed $173,000,000 will accomplish the purposes of the Act and promote %he safety, health, welfare, convenience and prosperity of the inhabitants of the Commonwealth of Virginia, the City of Roanoke and Franklin County by improving the hospital facilities of RMH, CHRV end FHa, respectively; and WH~R~S, %he Board of Sups~viaors of Franklin County, Virginia must first approve the issuance of the Bonds by the Authority before FMH can participate in the financing; NOW T~EREFORE, BB IT R~SOLVBD by the Industrial Development Authority of the City of Roanoke, Virginia: BECTION.X. Pursuant to the authority granted to it by the Act, the Authority hereby authorizes the issuance of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley and Franklin Memorial Hospital Project) Series 1990 in the aggregate principal amount not to exceed $173,000,000 (the "Bonds") for the puz]~oae of (i) financing a portion cf the costs of the Project, (ii) refunding the Prior Bonds, (iii) paying a portion of the interest accruing on the Bonds during the construction period of the Project, and (iv) paying certain expenses incurred in connection with the authorization and issuance of the Bonds and such issuance is authorized regardless of whether or not the Board of Supervisors of Franklin County, Virginia consents to the issuance of the Bonds and thus whether or not F~ is eligible to participate in the financing. ~BCTION 2. The Authority hereby recommends that ~he City Council of the City of Roanoke, Virginia (the "Council") approve the financing of the Project, the refunding of the Prior Bonds and the issuance of the Bonds. JlCTION $. The Chairman or vice Chairman and the Secretary or any Assistant Secretary of the Authority are hereby authorized and directed to deliver to the council (a) a reasonably detailed summary of the comments expressed st the public hearing held in connection with the issuance of the Bonds, (b) a fiscal impact statement concerning the Project and the Bonds in the form specified in Section 15.1-1378.2 of the Act, and (c) a copy of this resolution, which constitutes the recommendation of the Authority that the Council approve the financing of the Project, the refunding of the Prior Bonds and the issuance of the Bonds. SlCTION 4. This Resolution shall take effect i=mediataly upon its passage. Applicant: Facility: FISCAL IMPACT STATEMENT Date: September 4, 1990 Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley and Franklin Memorial Hospital Acute care hospital facilities located at (1) Jefferson Street and Belleview Avenue, S.E. in the City of Roanoke, Virginia, (2) 101 Elm Avenue, S.E. in the City of Roanoke, Virginia and (3) 124 Floyd Avenue in the Town of Rocky Mount in Franklin County, Virginia, and refunding of certain outstanding obligations Maximum amount of financing sought $173~000~000 Estimated taxable value of the facility's real property to be constructed in the municipality $ _ 3. Estimated real property tax per year using present tax rates $ _ 4. Estimated personal property tax per year using present tax rates $ 5. Estimated merchants' capital tax per year using present tax rates $ _ 6. Estimated dollar value per year of goods and services that will be purchased locally $ 37t300~000 7. Estimated number of regular employees on year round basis ' 8. Average annual salary per employee $ N/A ignature: J unw Authority Chairman dustrial Development thority of the City of Roanoke, Virginia If one or more of the above questions do not apply to the facility, indicate by writing "N/A" on the appropriate line. M#15151 EXHIBIT D (Broken down for individual facility) FISCAL IMPACT STATEMENT Applicant: Facility: Date: September 4, 1990 Roanoke Memorial Hospitals An acute care hospital facility located at Jefferson Street and Belleview Avenue, S.E. in the City. of Roanoke, Virginia and refunding of certain outstanding obligations 4. 5. 6. 7. Maximum amount of financing sought Estimated taxable value of the facility's real property to be constructed in the municipality Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchants' capital tax per year using present tax rates Estimated dollar value per year of goods and services that will be purchased locally $135f000~000 $ 20~0001000 Estimated number of regular employees on year round basis _ 8. Average annual salary per employee $ N/A Signature: /Authority''C'hairman ~dustrial Development ~uthority of the City of Roanoke, Virginia If one or more of the above questions do not apply to the facility, indicate by writing "N/A" on the appropriate line. M#15125 (Broken down for individual facility) FISCAL IMPACT STATEMENT Applicant: Facility: Date: September 4, 1990 Community Hospital of Roanoke Valley An acute care hospital facility located at 101 Elm Avenue, S.E. in the City of Roanoke, Virginia and refunding of certain outstanding obligations 4. 5. 6. 7. Maximum amount of financing sought Estimated taxable value of the facility's real property to be constructed in the municipality Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchants' capital tax per year using present tax rates Estimated dollar value per year of goods and services that will be purchased locally Estimated number of regular employees on year round basis $...32~500~000 $ $ - $ 5f300f000 $ N/A 8. Average annual salary per employee If one or more of facility, Signature: Roanoke, Virginia the above questions do not apply to the indicate by writing "N/A" on the appropriate line. M#15138 (Broken down for individual facility) FISCAL IMPACT STATEMENT Applicant: Facility: Date: Franklin Memorial Hospital September 4, 1990 An acute care hospital facility located at Floyd Avenue in the Town of Rocky Mount in Franklin County, Virginia 124 4. 5. 6. 7. Maximum amount of financing sought Estimated taxable value of the facility's real property to be constructed in the municipality Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchants' capital tax per year using present tax rates Estimated dollar value per year of goods and services that will be purchased locally Estimated number of regular employees on year round basis $ 5~500~000 $ $ $ - $ - $ 12~000~000 $ N/A 8. Average annual salary per employee A~tdhori~y of the City of Roanoke, Virginia If one or more of the above questions do not apply to the facility, indicate by writing "N/A" on the appropriate line. M#15128 RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKe, VIRGINIA W~EREAS, there have been described to the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority") the plans of Roanoke Memorial Hospitals ("RMH"), Community Hospital of Roanoke Valley ("CHRV") and Franklin Memorial Hospital ("FMC") to (1) finance the cost of the acquisition, construction, renovation and equipping of certain health care facilities (collectively referred to herein as the "Project") for ~{HH and CHRV, both located in Roanoke, Virginia, and FKH, located in Rocky Mount, Franklin County, Virginia and (2) refund certain bonds and notes previously issued by the Authority for the benefit of RMH or CHRV (the "Prior Bonds"); and WHEREAS, RMH, CP/RV and FMH have described the benefits of the Project and have requested the Authority to agree to issue its revenue bonds or notes, under the Virginia Industrial Development and Revenue Bond Act (the Act), in such amounts as may be necessary to finance the cost of the Project and the refunding of the Prior Bonds; BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA: 1. It is hereby found and determined that the Project and the refunding of the Prior Bonds will promote the health and welfare of the residents of the City of Roanoke, Virginia and EXHIBIT E surrounding areas, will be in the public interest and will be consistent with the purposes of the Act. 2. To induce RMH, CHRV and F}~H to undertake the Project, the Authority hereby agrees, subject to required approvals and the compliance of the proposed issue with applicable law, to assist RHH, CHRV and FM~ in every reasonable way to finance tha Project and to refund the Prior Bonds and, in particular, to undertake the imsuance of one or more of its revenue bonds or notes (the Bonds) therefor, in one or more issues, in amounts now estimated not to exceed $160,000,000, net of original issue discount, if any, for the refunding of the Prior Bonds and for the acquisition, constr~ction, renovation and equipping of the Project, upon terms and conditions to be mutually agreed upon between the Authority, P~/{, CHRV and FMC. The Authority, RMV, CHRV and FMH will enter into an installment sale or other agreement or agreements which will provide payments to the Authority sufficient to pay the principal of and premium, if any, and interest on the Bonds and to pay all other expenses in connection with the Project. The Bonds shall be issued in form and pursuant to terms to be set by the Authority. 3. It having been represented to the Authority ~hat it is necessary to proceed immediately with the Project, the Authority hereby agrees that RKH, CHRV and FMH may proceed with plans for the Project, enter into contracts for the acquisition, construction , renovation and equipping of the Project an~ take such other steps as they may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize RMV, CHRV or FMH to obligate the Authority without its consent in each instance to the payment of any monies or the performance of any acts in connection with the Project. The Authority agrees that RMH, CHRV and FHH may be reimbursed from the proceeds of the Bonds for all costs so incurred by any of them in connection with acq~/isition, construction, renovation or equipping of the Project to the extent permittsd by law. 4. Ail costs and expenses in connection with the financing of the Project and the refunding of the Prior Bonds, inoluding the fees and expenses of bond counsel and Authority counsel, shall be paid from the proceeds of the Bonds to the extent permitted by law. If for any reason the Bonds are not issued, it is understood that all such expenses shall be paid by RMH, CHRV and FMH and that the Authority shall have no responsibility therefor. 5. The Authority shall perform such other acts and adopt such further resolutions as may be rec~aired to implement its undertakings as hereinabove set forth. 6. The Authority shall accept from or on behalf of RMH, CHRV and FMH conveyance of title to the Project and the land on which the Project is located and any other property to be mortgaged, pledged or otherwise provided as security for the Bonds. The officers of the Authority are hereby authorized and directed to accept and have recorded, if appropriate, proper instruments of title with respect to the Project and any other personal property and any proper deed or deeds in connection with such conveyance. If for any reason the Bonds are not issued, the Authority shall convey the Project and such land and any such other property to RMV, CHRV and FM~ or to such other person or persons as RMH, CHRV and FMH may request, without cost other than the expense of preparation and recordation of instruments of title and deeds of conveyance. 7. This resolution shall take effect immediately upon its adoption Z~E~OLUTION OF THE C¥T¥ C~OONCIL OF ~E CITY OF ~E ~SU~C~ O~ NOT TO E~CEED ~7~000,000 ~RE~ATE PRZNCZP~ ~O~ OF ~E Z~UBTRZ~ D~ELOP~ ~U~ORITY OF THE C~TY OF RO~O~E~ ViR~INI~ ~OBP~T~ R~E BO~B (~O~OKE X~ORZ~ ~O~PZT~B, CO~ZTY ~OSP~T~ PR~ECT) ~IES Z990 WHEREAS, the City of Roanoke, Virginia (the "City") is a political subdivision of the Commonwealth of Virginia exercising public and essential governmental functions pursuant tO the Constitution and laws of the Commonwealth of Virginia; and WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Roanoke Authority") is a political subdivision of the Commonwealth of Virginia duly created pursuant to the Industrial Development and Revenue Bond Act, Chapter 33, Title 15.1, Code of Virginia of 1950, as amended (the "Act") and authorized by the Act to issue revenue bonds for the purpose of providing funds to pay the costs of certain projects required or useful for health care purposes; and WHERF~S, Roanoke Memorial Hospitals ("RMH") is a private, nonstock corporation duly incorporated and validly existing under and by virtus of the laws of the Commonwealth cf Virginia, which owns and operates a health care facility located in the City of Roanoke, Virginia; and ~HERE~$, Community Hospital of Roanoke Valley ("CHRV") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City cf Roanoke, Virginia; and WHERE~S, Franklin Memorial Hospital ("FMH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the Town of Rocky Mount, Franklin County, Virginia; and ~EREAS, the Roanoke Authority has by resolution adopted August ?, 1990 (the "Inducement Resolution") evidenced its desire to issue its revenue bonds for the following purposes: (I) (a) financing, or reimbursing RHH for financing, a portion of the costs of (i) acquiring, constructing and equipping a new seven- story, 260,000 square foot patient care pavilion, (ii) renovating and expanding certain other portions of the sxisting hospita3 facilities, and (iii} acquiring certain capital equipment for use in or in connection with the ~ hospital facilities (the Project'), (b) financing for CHRV a portion of the costs Of (i) constructing and equipping a new obstetrics unit, (ii) renovating certain other portions of the existing hospital facilities, and (iii) acquiring certain capital eguip~ent for use in the CHRV ~spital facilities (the 'CHRV Project'), and (c) financing for a ~or~i?n of the costs of (i) constructing a~d equipping an apprOXlmate£y 20,000 square foot outpatient wing, (ii) constructing and equipping a 2,500 square foot obstetrical services wing, (iii) renovating certain other portions cf the existing hospital facilities, and (iv) acquiring certain capital equipment for use in the I~H hospital fac£1ities (the Project") (the PJ~ Project, the CHRV Project and the FMH Project are hereinafter collectively referred to aa the 'Project"), and (II) refunding certain bonds and notes previously issued by the Roanoke Authority for the benefit of RMH or CHI~V (the "Prior Bonds'); and · HEREAS, the Roanoke Authority has by resolution adopted Septe~r 4, 1990 (?.he 'Roanok~ Authority Resolution-) authorized the issuance of not to exceed ~173,000,000 aggregate principal amount.of its ~ospital Revenue Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley and Franklin Memorial Hospital Project) Series 1990 (the "Bonds") for ~e p~ose of (i) flnanci~g a ~rtio~ of ~e coats of ~he Project, refunding ~e ~ior Bonds, (iii) paying a potion of ~e interest accruing on the Bonds during the co~uotion ~riod of ~e Project, and (iv) paying certain ~ses incurred in co,action with ~e au~orization and issuance of ~e Bonds; ~d ~IEREAS, the Industrial Development Authority of Franklin County, Virginia (the 'Franklin Authority,') has by resolution adopted September 4, 1990 (the 'Frankli~ Authority Resolution,,) authorized the issuance by the Roanoke Authority of the Bonds; and ~ W~EaEAS, the Board of Supervisors of Franklin County, irginia (the 'Board") has by resolution adopted September 4, 1990 (the 'Board Resolution,,) co.ncurred with the adoption cf the AIun~d~u_oe.m..e.n?_~Re~s~olu_tion. an?. authorlz.ed the issuance by the Roanoke fi;~i~;-~n~e son=s, trios allowing F]~ to participate in the ,,N~.E~_E~S, th? City Council of the City of Roanoke, Virginia (the Ci=y Councxl,,) must first authorize the issuance of the Bonds .before the Roanoke Authority can proceed with the financxng; and 2 NHERB~, the Roanoke Authority has delivered or caused to be delivered to the City Council the following: (i) · reasonably detailed s~,~ary of the comments expressed at the public hearing held by the Roanoke Authority in connection with the issuance of the Bonds, (ii) a fiscal impact statement concerning the Project and the Bonds in the form spec/f/ed in Section 15.1-1378.2 of the Act, and (iii) a copy of the Roanoke Authority Resolution which constitutes the recommendation of ~he Roanoke Authority that the City Council approve the financing of the Project, the refunding of the Prior Bonds and the issuance of the Bonds; and WHEREAS, the Franklin Authority and ~he Board have delivered or caused to be delivered to the City Council ~he following: (i) a reasonably detailed s,,~ary of the comments expressed at the public hearing held by the Franklin Authority in connection, w/th the issuance of the Bonds, (ii) a fiscal impact statement concerning the Project and the Bonds in the form specified in Section 15.1-1378.2 off the Act, (iii) a copy of the Frar~klin Authority Resolution authorizing the issuance by the Roanoke Authority of the Bonds, and (iv) a copy of the Board Resolution concurring with the Inducement Resolution a~d authorizing the issuance by the Roanoke Authority of the Bonds; a~d NH~RE~B, the City Council has determined that it is necessary at this time to approve the issuance by ~he Roanoke Authority of not to exceed $173,000,000 aggregate principal amount of t~e Bonds to promote the improvement of health and . living conditions of the people of ~he City of Roanoke, Franklin ~ounty.and.the ~ommcnwealth of Virginia, increase opportunities r gaxnful empAoyment, improve health care and otherwise aid in improving the prosperity and welfare of said City, County and State end its i~habitants by improving the hospital facilities of PJ4H, CHRV and FMH, respectively; NOW THEREFORE, BE XT RESOLVED by the City Council of the city of Roanoke, Virginia: Section X. The City council hereby authorizes the issuance by.th? Roanoke Authority of not.to exceed $173,000,007 aggregate prAncxpal amount of the Industrial Development Authority of the City of Roanoke, . Virginia Hospital Revenue Bonds (Roanoke Memorial Hospitals, Co.mm. unity Hospital of Roanoke Valley and Fra.n~.lxn Memorial Hospmtal Project) Series 1990 for the p~.r~.ose of (x) financing a portion of the costs of the Project, (Ax) refunding th~. Pr}Or.Bo~dsi (iii) paying a portion of the interest · j~=, an~ {x¥) payxng certaxn expenses incurred in connection with the authorization and issuance of the Bonds. Seotion 2. The Chairman or the Vice Chairman, the Secretary or any Assistant Secretary of the City Council are hereby authorized and directed, on behalf of the City Council to take any and all action necessary, including the execution of any documents, to cons~ate the sale of the Bonds in conformity with the provisions of this resolution. Bection 3. Thi~ Resolution shall take effect immediately upon its passage. 4 CERTIFICATE OF PUBLIC HEARING The undersigned secretary of the Industrial Development Authority of Franklin County, Virginia (the Authority), does hereby certify as follows: 1. Publication of Notice of a public hearing of the Authority in accordance with the provisions of §15.1-1378.1 of the Code of Virginia, 1950, as amended, was made on August 20, 1990 and August 27, 1990, in the Franklin News-Post~ a newspaper of general circulation published in Rocky Mount, Virginia. A copy of the Notice and a Certificate of Publication is attached hereto as Exhibit A. 2. The Authority held a public hearing as advertised on September 4, 1990. 3. A reasonable detailed summary of comments from the general public received by the Authority at the public hearing is attached hereto as Exhibit B. 4. At a special meeting of the Authority on September 4, 1990, at which a quorum of the directors of the Authority was present and acting throughout, the Authority adopted its resolution, a copy of which is attached hereto as Exhibit C. 5. Attached hereto as Exhibit D is a fiscal impact statement in conformance to § 15.1-1378.2 of the Code. WITNESS my hand this ~day o~~, 1990. ~ ~s' ~~el~pment Attachments: A - Copy of Notice and Publisher's Certificate B - Comments from the General Public C - Resolution D - Fiscal Impact Statement Copy of Legal Advertising R.B. Hundley, Publisher Rocky Mount, Virginia _,~'~ ~ ,;one 703-483 0 This is to certify that the attached legal advertisement: re: was published for ~L~> ~.) consecutive weeks in The Franklin News-Post, 8 newspaper published at Rocky Mount, County of Franklin, State of V[rginla, and having e general circulation in said County commencing on the ~0[c/'1 day of I~t~cI. IqqO and that the charge for same is $ ~q~.oo . Given unaer my hand this ~ ~ day of EXHIBIT A INDUSTRIAL DEVELOPMENT AUTHORITY OF FRANKLIN COUNTY, VIRGINIA Re: Carilion Health Systems Page / of / Name: Address: Affiliati6n: STATEMENTS MADE BY MEMBERS OF THE GENERAL PUBLIC AT A PUBLIC HEARING HELD SEPTEMBER 4, 1990, at 7:00 p.m. Summary of Comments: [~FOR [ ]AGAINST [ ]UNDECIDED RESOLUTION OF THE INDUSTRI~tL DEVELOPMENT AUTHORITY OP ~LIN COUNTY, VIRGINIA AUTEORiZINGv AMONG OTHER THINGS~ THE ISSUANCE OF NOT TO EXCEED $173v000,000 AGGREGATE ~RINCIPAL AMOUNT OP T~Z ZNDUBTRIAL D~vsLOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA HOSPITAL R~v~RUE BONDS (ROANOKE MEMORIAL HOSPITALS, COMMUNITY HOSPITAL OF RO~OKE FALLEY AND FI~tNKLIN MEMORIAL HOSPITAL PROJECT) 8ERIES ~990 WHEREAS, the Industrial Development Authority of Franklin County, Virginia (the "Franklin Authority") is a political subdivision of the Commonwealth of Virginia and is authorized under Chapter 33, Title 15.1, Code of Virginia of 1950, as amended (the "Act"), to make and execute financing agreements, contracts, deeds and other instruments necessary or convenient for the purpose of facilitating the financing of certain projects required or useful for health care purposes, including furnishings, machinery, equipment, land, rights in land and other appurtenances and facilities related thereto, to the end that the Authority may be able to promote the improvement of health and living conditions of the people of the Commonwealth of Virginia, increase opportunities for gainful employment, improve health care and otherwise and in improving the prosperity and welfare of Virginia and its inhabitants, and to provide such financing through the issuance of revenue bonds; and WH~%S, Roanoke Memorial Hospitals ("RHH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Roanoke, Virginia; and WHEREXB, Community Hospital of Roanoke Valley ("CHRV") is a private, nonetock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Roanoke, Virginia; and WHEREAS, Franklin Memorial Hospital ("FMH..) is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the Town of Rocky Mount, Franklin County, Virginia; and EXHIBIT C WHERF~S, the Industrial Development Authority of the city of Roanoke, Virginia (the "Roanoke Authority") desires to issue its revenue bonds for the following purposes: (I)(a) financing, or reimbursing ~ for financing, a portion of the costs of (i) acquiring, constructing and equipping a new seven-story, 260,000 square foot patient care pavilion, (ii) renovating and expanding certain other portions of the existing hospital facilities, and (iii) acquiring certain capital equipment for use in or in connection with the RMH hospital facilities (the "R~H Project"), (b) financing for C~RV a portion of the costs of (i) constructing and equipping a new obstetrics unit, (ii) renovating certain other portions of the existing hospital facilities, and (iii) acquiring certain capital equipment for use in the CHRV hospital facilities (the ,'CHRV Project"), and (c) financing for FHH a portion of the costs of (i) constructing and equipping an approximately 20,000 square foot outpatient wing, (ii) constructing and equipping a 2,500 equate foot obstetrical services wing, (iii) renovating certain other portions of the existing hospital facilities, and (iv) acquiring certain capital equipment for use in the FM~ hospital facilities (the Project") (the ~ Project, the CHRV Project and the FM~ Project are hereinafter collectively referred to as the "Project"), and (II) refunding certain bonds and notes previously issued by the Roanoke Authority for the benefit of RMH or C~RV (the "Prior Bonds"); and ~H~AS, the Franklin Authority has determined that ~e issuance by the Roanoke Authority of its Hospital Revenue Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley and Franklin Memorial Hospital Project) Series 1990 in the aggregate principal amount not to exceed $173,000,000 will accomplish the purposes of the Act and promote the safety, health, welfare, convenience and prosperity of the inhabitants of the Commonwealth of Virginia, the City of Roanoke end Franklin County by improving the hospital facilities of P/~H, CHRV and FMC, ~ow THEREFORE, BE IT RESOLVED by the Industrial Development Authority of Franklin County, Virginia: S~CTION 1. Pursuant to the authority granted to it by ~he Act, the Franklin Authority hereby authorizes the issuance by the Roanoke Authority of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley and Franklin Memorial Hospital Project) Series 1990 in the aggregate principal amount not to exceed $173,000,000 (the "Bonds") for the purpose of (i) financing a portion of the costs of the Project, (ii) refunding the Prior Bonds, (iii) paying a portion of the interest accruing on the Bonds during the construction period of the project, and (iv) paying certain expenses incurred in connection with the authorization and issuance of the Bonds. SECTION 2. The Franklin Authority hereby recommends that the Board of Supervisors of Franklin County, Virginia (the "Board") approve the financing of the Project, the refunding of the Prior Bonds and the issuance cf the Bonds by the Roanoke Authority. BECTION 3. The Chairman or Vice Chairman and the Secretary or any Assistant Secretary of the Franklin Authority are hereby authorized and directed to deliver to the Board (a) a reasonably detailed a,~ary of the comments expressed a~ the public hearing held in connection with the issuance o= the Bonds, (b) a fiscal impact statement concerning the Project and the Bonds in the form specified in Section 15.1-1378.2 of the Act, and (c) a copy of this resolution, which constitutes the recommendation of the Franklin Authority that the Board approve the financing cf the Project, the refunding of the Prior Bonds and the issuance o~ the Bonds by the Roanoke Authority. BECTION 4. This Resolution shall take effect immediately upon its passage. Applicant: Facility: FISCAL IMPACT STATEMENT Date: September 4, 1990 Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley and Franklin Memorial Hospital Acute care hospital facilities located at (1) Jefferson Street and Belleview Avenue, S.E. in the City of Roanoke, Virginia, (2) 101 Elm Avenue, S.E. in the City of Roanoke, Virginia and (3) 124 Floyd Avenue in the Town of Rocky Mount in Franklin County, Virginia, and the refunding of certain outstanding obligations Maximum amount of financing sought $173~000~000 Estimated taxable value of the facility's real property to be constructed in the municipality $ 3. Estimated real property tax per year using present tax rates $ 4. Estimated personal property tax per year using present tax rates $ 5. Estimated merchants' capital tax per year using present tax rates $ - 6. Estimated dollar value per year of goods and services that will be purchased locally $ 37~300~000 7. Estimated number of regular employees on year round basis 8. Average annual salary per employee $ N/A Signature: AutO-or £t~-C~h~ i ~man Industrial Development Authority of Franklin County, Virginia If one or more of the above questions do not apply to the facility, indicate by writing "N/A" on the appropriate line. M#15149 EXHIBIT D (Broken down for individual facility) FISCAL IMPACT STATEMENT Applicant: Facility: Date: September 4, 1990 Franklin Memorial Hospital An acute care hospital facility located at 124 Floyd Avenue in the Town of Rocky Mount in Franklin County, Virginia 1. Maximum amount of financing sought $ 5,500,000 $ - $ - $ $ Estimated taxable value of the facility's real property to be constructed in the municipality Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchants' capital tax per year .using present tax rates Estimated dollar value per year of goods and services that will be purchased locally $ 12,000~000 Estimated number of regular employees on year round basis $ N/A 8. Average annual salary per employee Signature: Aut~h~or ity Cha~irman Industrial Development Authority of Franklin County, Virginia If one or more of the above questions do not apply to the facility, indicate by writing "N/A" on the appropriate line. M#15134 WZmRBAS, Z~rankl£n County, ViFginia (the "county") is · pol~tical eu~ivis~on of ~e Commonwealth of Virginia exercising publ£a and easential goverrmental funations pursuant to Constitution end laws of ~he Connonwe<h of Virginia; end I~BR~WS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Roanoke Authority") iea political su~ivision of the Commonwealth of Virginia duly created pursuant to the Industrial Development and Revenue Hond Act, Chapter 33, Title XS.1, CO~e of Virginia of 19S0, as amended (~he "Act") ~ authorized ~ ~e Act to issue ~evenue bonds ~or ~e p~pose of providi~ ~ds ~o paM ~e costs of certain projects re~i~ or useful for health care pu~oses; and WHBR~, Roanoke Memorial Hospitals ("RNIt") is a private, nonetock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health oars facility located in the City of Roanoke, Virginia; end WHite,f, Community Hospital of Roanoke Valley (nCHRV") is a private, nonsto~ corporation duly incorporated end validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Roanoke, Virginia; end llZBZHZ, G, Franklin Memorial Hospital ("F14It") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of tho Commonwealth of Virginia, which owns and operates a health care facility located in the Town of Rocky Mount, Franklin County, virginia; and WiIBREAS, the Roanoke Authority has by resolution adopted . August 7, 1990 (the "Inducement Resolution") evidenced its aesxre tO iSSUe its revenue bonds for the following purposes: (I)(a) financing, or rei-~ursing RMIt for £tnancing, a per,ion of the costs of (i) acquiring, constructing and equipping a new seven- story, 260,000 square foot patient oars pavilion, (ii) renovating and expanding certain other portions of the existing hospi=al facilities, and !iii) acquiring certain capital equipment for uae in or in connection with %he RMH hospital facilities (the "P/dH Project"), (b) financing for CHRV a port,on of the costs of (~ constructin~ and equippin~ a new obstetrics unit, (ii) renovating certain other portions of the existing hospital facilities, and (iii) acquirin~ ~e~cain capital equipment for use in the CHRV hospital facilities (the "CHRV ProjectS), and (o)_fina~ci~g for I~H a portion of the COStB of (~) c?ns~.ruo~in~ an~.,~.xpp~ng an approximately 2o,ooo square fcc: cu=pa:xan= w~ng, cons~ructing and equipping a 2,500 square foot obstetrical services wing, (iii) renovating oez~cain other portions of the existing hospital facilities, and (iv) acquiring certain capital foci] equipment for use in t~.e 19~ hospital Lities (the .FMH Project") (the ~ Prelect, the_C~RV.P~oJect. are hereinafter collectively re~arreo ~o as ~ne (II) refunding certain bonds and notes previously issued by the Roanoke Authority for the benefit of R~m or CHRV (the wPrior Bonds"); and W~, the Roanoke Authority has by resol~ic~.ado~ad. September 4, 1990 (the "Roanoke Authority Resolu=xon } ~u=~cr}zsu the issuance of not to exceed $173,000,000 aggregate pr~no~pa~ amount of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley and Franklin Hemorial Hospital Project) Series 1990 (the "Bonds") for purpose of (i) financing a portion of the costs of tho Pro]oct, (ii) refunding the Prior Bonds, (iii) paying a portion cf the interest accruing ~n the Bonds during the cons~ruotic~ ~ericd of the Project, and (iv) paying cer~ain.e.xpansas in~..u~.ea_ln_ connection with the authorization an~ issuance cz ~ne Bones; asa W~tg, the Industrial Development Authority of Franklin county, Virginia (the ,Franklin Authority") has by reso}u~Son... adopted September 4, 1990 (the ,Franklin Authority Resolu=xon"~ authorized the issuance by the Roanoke Au~llority of the Bonds; and ~1~I~, the Board of Supervisors of Franklin County, Virginia (~he "Board") must first approve the issuance of the ~onds by the Roanoke Au~ority ~fore ~ can participate in ~e financing; a~ ~, the Fra~lin Xu~ori~y has delivered or caused be delivered ~o ~e Board ~e foll~lmq: (i) a reasonably de,ailed sttm~ary cf ~e c~ents e~raasad at ~e p~lic hearing held ~ ~e Fra~lin AU~Ort~y in connection wi~ ~e issuance of ~he Bonds, (ii) a fiscal impact s~atement concernin~ and ~e Bonds in ~e fo~ specified in Section X5.1 1378.2 of Ac~, and (iii) a copy o~ ~he Franklin Au~ority Resolution, which constitutes ~he recommendation of the Franklin &uthority that the Board approve the financing of tho Project, the refunding of the Prior Bonds and the issuance of the Bonds; end ~R~, ~he Roanoke Authority has delivered or caused to be delivered to the Board the following: (i) a reasonably detailed s-~ary of the comments expressed at the p~blic hearing held by the Roanoke Authority in connection with the issuance of the Bonds, (ii) a fiscal impact statement concerning the Project and the Bonds in the form specified in Section 15.1-1378.2 of the Act, (iii) · copy of the InduoementResolution, and (iv) a copy of the Roanoke Authority Resolution; and WX~ld, the Board has determined that it in necessary et this time to approve the issuance by the Roanoke Authority of not to exceed $173,000,000 aggregate principal amount of the Bonds to promote the improvement of health and living conditions of the people of Franklin County, the City of Roanoke and the Commonwealth of Virginia, increase opportunities for gainful emplo~ent, improve health care end otherwise aid in improving the prosperity and we%fare of said County, City &nd State and its i~habitanta by improv=nq the hospital facilities of ~4H, CHRV and I~H, respectively$ ~ TH~REFORB; BB IT RBSOLV~D by the Board of Supervisors of Franklin County, Virginia: Section L. The Board hereby (a) authori~es the issuance by the Roanoke Authority of ~ot to exceed $173~000,000 aggregate principal amount of the Indus~rial Development Authority o£ the City of Roanoke, Virginia Hospital Revenue Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley end Franklin ~emorial Hospital Pro~ec~) Seri~s 1990 for ~e pu~ose of (i) financing a portion of the costs of ~h* Project, ref~ding ~e P~ior Bonds, (iii) paying a portion of ~he interest acc~inq on the Bonds during the construction period of ~oject, and (iv) paying certain e~enses incurred in connection with the authoriza~ion and issuance o~ ~e Bonds, and (b) oon~s wi~h ~e adoption of ~e Inducement Resolu~ion and 2he Roanoke Au~hority Resolu~ion. Booties S. ~e ~ai~an or the Vice Chai~an, ~e Secretary or any Assis~nt 5ecre~a~ of ~e Board are hereby authorised and direc~ed, on ~alf of the Board to t~e any and all action neoeeea~, including ~e execution of any do~e~s, ~o acne--ate ~e sale of ~he Bonds in oonfo~ity wi~ ~e provisions of ~his resolution. leatio~ J. This Resolution shall take effect ~mediately upon i~ passage. 3 Office of the City Clerk September 19, J, 92~) File #60-102 Mr. Joel ~. Schlanger Director of Finance ~oanoKe, ~irginia Dear Ur. Schlanger: I am attachif~g copy of Ordinance No. 30231-91790 amending and reordaining certain sections of the 1990-91 Capital Fund Appropriations, providing for the transfer of $90,000.00 from the Streets ann Bridges category of the 1988 Bond Series to indivi- dual project accounts to meet anticipated expenditures for cer- tain highway projects. Srdinance No. 30231-91790 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, September 17, 1990. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk ~FP:ra pc: ~r. ~. ~obert Herbert, City ~anager Mr. ~illiam F. Clark, Director of Public ~orks Mr. Charles ~. Huffine, City Engineer ~r. Kit B. Kiser, Director of Utilities and Gperations Mr. Barry L. Key, Manager, Office of ~anagement ann 6uaget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN Tlig COUNCIL OF TltgClTYOFROANOKE, %rIRGINIA The l?th Day of September, 1990. No. 30231-91790. AN ORDINANCE to amend and reordain certain sections of the 1990-91 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for Government of the exist. the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riations Streets and Bridges $ 6,257,425 Franklin Road Widening (1) ..... 119,700 Peters Creek Road Extension (2)~]~]]]]]~]]]]~]]]]~ 55,000 Brandon Avenue Widening (3) ........................ Capital Improvement Reserve Public Improvement Bonds Series 1988 (4) ........... 1) Approp. from Bonds (008-052-9596-9001) $ 70,000 2) Approp. from Bonds (008-052-9595-9001) 10,000 3) Approp. from Bonds (008-052-9638-9001) 10,000 4) Streets & Bridges (008-052-9603-9181) (90,000) BE 160,000 (4,717,284) 1,775,016 IT FURTHER ORDAINED that, an emergency existing, this in effect from its passage. Ordinance shall be ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Roanoke, Virginia September 17, 1990 Dear Members of Council: Subject: Highway Projects - Transfer of Funds to Meet Anticipated Expenditures I. Background on this subject is: Virginia Department of Transportation (VDOT) continuously develops various phases of the City Council approved highway projects. These phases include such items as preliminary engineering, right of way acquisition and project construction. Be Billings to the City from the VDOT are done on a monthly basis. These billings represent our share of the expenditures to date. The City share is generally 5% for plan development phases authorized prior to July 1, 1989, and 2% for phases authorized after that date. Capital Fund Accounts are established for each project in the amount of the estimated billings that are anticipated for the year. This provides for easier payments of interim bills. However, there may be instances when additional requests to City Council for transfers are needed to cover interim bills. II. Current situation of this subject is: Ae Capital Improvement Program approved for fiscal years 1990-1994 includes $837~634 to provide for the City's share of anticipated highway project costs over a three (3) year period. Of this amount, $194,409 is designated to come from the 1988 Bond Series. Appropriation of $90~000 from the Streets and Bridges category of the 1988 Bond Series to individual project accounts is needed to cover anticipated billings. Individual projects are funded from their respective highway accounts and utility accounts depending upon the extent of water and sewer relocation needed on each project. Page 2 Three (3) of the eight (8) highway construction projects for which funds are currently allocated in the VDOT's Six-Year Improvement Program require continued funding in order to meet the costs anti- cipated on these projects for fiscal year 1990-91. Transfers needed for these three projects are listed in Attachment No. 1. The other projects already have sufficient allocations from previous years to meet anticipated billings. III. Issues: A. Payments to Virginia Department of Transportation B. Relationship with Virginia Department of Transportation C. Continued progress on projects IV. Alternatives: A. Authorize Director of Finance to transfer $90,000.00 from the Streets and Bridges category of the 1988 Bond Series to the indivi- dual project accounts as listed in Attachment No. i (in their respective amounts). 1. Payments to Virginia Department of Transportation from each project account are made possible at the funding levels needed. 2. Relationship with Virginia Department of Transportation is maintained at its current excellent level. 3. Continued progress on projects would be ensured. Do not authorize Director of Finance to transfer $90~000.00 from the Streets and Bridges category of the 1988 Bond Series to the individual projects. 1. Payments to Virginia Department of Transportation for each pro- ject cannot be made at the funding levels needed. 2. Relationship with Virginia Department of Transportation will be jeopardized and future construction efforts may be hurt. 3. Continued progress on projects may be jeopardized. Page 3 V. Recommendation is that City Council approve Alternative "A" and author- ize the Director of Finance to transfer $.90,000.00 from the Streets and Bridges category of the 1988 Bond Series to the individual project accounts as listed on Attachment No. i (in their respective amounts). WRH/RKB/fm Attachment CC: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Office of Management and Budget Respectfully submitted, W. Robert Herbert City Manager ATTACHMENT NO. i PROJECT TRANSFER NEEDED TO ACCOMMODATE ANTICIPATED BILLINGS Franklin Road Widening (008-052-9596-9003) Peters Creek Road Extension (008-052-9595-9003) Brandon Avenue Widening (Acct. to be established by Director of Finance) $ 70,000 10,000 10,000 $ 90,000 Office of the City Clerk September 19, 199b File #102 ~r. ~,. RoOert Herbert City ~a~ager Roanoke, Virginia Dear ~r. ~erbert: I am attaching copy o~ Resolution No. 30232-91790 approving the location and design of the Fifth Street Bridge over the tracks of the Norfolk and ~estern Railroad Company and requesting t~e Virginia Department of Transportation to acquire right-of-way for such project. Resolution No. 30232-91790 was adopted by the Council of the City of Roanoke at a regular meeting ~elQ on ~onday, September 17, 1990. Sincerely, Mary F. Pa eker, C~C/AAE City Clerk ~FP:ra Enc. pc: ,~r. ~illiam F. Clark, Director of Public ~orks ~r. Charles M. Huffine, City Engineer ~r. Kit B. Kiser, Director of Utilities ana Operations Room 4S6 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk September 19, 1990 File #102 Mr. M. S. Hollis Urban Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear Ur. Hollis: [ am enclosing copy of Resolution No. 30232-91790 approving the location and design of the Fifth Street Bridge over the tracks of the Norfolk and Western Railroad Company and requesting the Virginia Department of Transportation to acquire right-of-way for such project. Re~olution No. 30232-9179u was aaopted by the Council of the City of Roanoke at a regular meeting hela on Monday, September 17, 1990. SI~E: ra Eric . Sincerely, Sandra H. Ea~in Deputy City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (?03) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th Day of September, 1990. No. 30232-91790. VIRGINIA, A RESOLUTION approving the location and design of the 5th Street Bridge over the tracks of the Norfolk and Western Railroad Company and requesting the Virginia Department of Transportation to acquire right-of-way for such project. WHEREAS, a "Notice of Willingness to Hold a Public Hearing" was posted for the purpose of considering the location and design features for the Fifth Street Bridge over the tracks of the Norfolk and Western Railroad Company, Project No. U 000-128-118,PE-101, RW-201, C-501, B-611 (Project), in the City of Roanoke; and WHEREAS, no requests were received or all inquiries were satisfactorily answered, so that a public hearing is not required; and WHEREAS, Section 33.1-89 of the Code of Virginia authorizes the Department of Transportation (Department) to acquire rights of way for the construction of such projects, upon official request from the City; and, WHEREAS, this Council has previously requested the Department to program the Project; THEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke that: 1. The location and major design features of the proposed Project as presently designed are hereby approved. 2. The Department is requested to acquire the necessary rights of way for the Project and to convey the title to such right of way to the City which agrees to reimburse the Department for 5% of the engineering phase costs and 2% of the right-of-way phase and construction phase costs; and it is understood that such acquisitions will be handled by the Commissioner under established policies and procedures and his decision in all instances shall be final. 3. The City Manager is hereby authorized to execute, on behalf of the City all necessary railroad and utility agreements required in conjunction with acquiring such rights of way. ATTEST: City Clerk. Roanoke, Virginia September 17, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Replacement of the Fifth Street Bridge over NS Railroad I. Background: City Council, at its meeting on April 28, 1986, unanimously approved Resoltuion No. 28109 which requested that the Virginia Department of Transportation (VDOT) program a project for the replacement of the Fifth Street Bridge over NS Railroad. VDOT subsequently included this bridge replacement project in its Six-Year Highway Improvement Program, and included the widening of Fifth Street south to Salem Avenue, S.W. and north to Gilmer Avenue, N.W. such that the roadway could adequately serve traffic approaching the bridge (see attached map). Fifth Street Bridge presently is a two-lane facility that carries approximately 9,900 vehicles per day with 12,600 vehicles per day pro- jected for the year 2010. The present seven ton weight restriction and the anticipated traffic increase have necessitated the proposed improvements in order to provide for a safe and efficient travel faci- lity. Proposed design of this project consists of four, 12-foot lanes which will provide for two lanes of travel in each direction. New curb, gutter, and sidewalk will be provided on both sides of the project. II. Current Situation: Citizen Information Meeting was held on June 20, 1989, in City Council Chambers to provide interested persons an opportunity to informally review and discuss the preliminary plans for this project. A "Notice of Willingness to Hold a Combined Location and Design Public Hearing" for this project was advertised by VDOT on March 23, 1990. No requests were received to hold a public hearing by the April 27, 1990 cut-off date. Cost estimate of $2)440~000.00 will be shared by the VDOT and the City. The VDOT will pay approximately 95% of the engineering phase costs and 98% of the right-of-way phase and construction phase costs ($2,382,200.00). The City will pay approximately 5% of the engi- neering phase costs and 2% of the right-of-way phase and construction phase cost ($57,800.00). Page 2 Resolution from City Council approving the location and major design features of the proposed project as presently designed will enable the Commonwealth Transportation Board to also act upon the project. Approval by Council and the Board would enable VDOT to begin right-of- way acquisition in late 1990. After right-of-way has been obtained, the project would be ready for advertisement as early as July, 1992. While the bridge will need to be closed during construction, in no case will it be closed until the new Second Street Bridge has been opened to traffic. III. Issues: A. Transportation B. Funding C. Schedule D. Right-of-Way Acquisition IV. Alternatives: City Council approve the location and major design features of the Replacement of Fifth Street Bridge over NS Railroad from Salem Avenue, S.W. to Gilmer Avenue, N.W. as presently designed; and request that the VDOT acquire all rights-of-way necessary for the project conveying said rights-of-way to Roanoke at the appropriate time; and authorize the City Manager to execute, on behalf of the City, all necessary railroad and utility agreements required in conjunction with acquiring such rights-of-way. Transportation system and safety improves, providing unrestricted truck access across the railroad on the west side of downtown. Fifth Street Bridge will not be closed for construction until the new Second Street Bridge is open to traffic. Funding for City's share of approximately $57,800.00 is being funded from the Streets and Bridges category of the 1988 Bond Series. Transfers are made annually into the existing Fifth Street Bridge Account (#008-052-9599-9003) to meet the VDOT invoices for this multi-year project. Schedule is for VDOT to begin with right-of-way acquisition in late-1990 (dependent upon City Council and Commonwealth Transportation Board actions.) Right-of-way acquisition would be handled by VDOT in accordance with state and federal law. No structures will need to be taken for this project. Page 3 City Council not approve the location and major design features of the Replacement of the Fifth Street Bridge over NS Railroad from Salem Avenue, S.W. to Gilmer Avenue, N.W. as presently designed. Transportation and safety of the bridge remains in the same un- desirable condition, and will continue to worsen in future years. The seven ton weight restriction would remain in effect. Fun~ for the City's share is not spent. The $233,240.04 spent to date by VDOT on preliminary engineering, less the City's share of 5% paid to date in the amount of $11,662.00 leaves a balance of $221~578.04 that the City would be responsible for if it chose to cancel the project at this time. 3. Schedule is not met. 4. Right-of-way is not acquired. V. Recommendation is that City Council: Approve the location and major design features of the Replacement of the Fifth Street Bridge over NS Railroad from Salem Avenue, S.W. to Gilmer Avenue, N.W. as presently designed. B. Request that the VDOT acquire all rights-of-way necessary for the pro- ject conveying said rights-of-way to Roanoke at the appropriate time. Authorize the City Manager to execute, on behalf of the City, all necessary railroad and utility agreements required in conjunction with acquiring such rights-of-way. Sincerely, W. Robert Herbert City Manager WRH/RKB/fm Attachment: Map cc: Director of Finance City Attorney Director of Public Works Director of Utilities & Operations City Engineer CITY OF t~OANOKE Pf~OdE'C T HIGHWAY IMPROVEMENT PROJECT FIFTH STREET CITY OF ROANOKE, VIRGINIA FROM: INT. OF SAI.W.M AVENUE TO: INT. OF GILMER AVENUE PROJECT NO. U000-128-1~lS,PE-101 LENGTH: 0.33 SCALE IN- 0 250 500 Office of the City Clerk September 19, 1990 File #2-~0 Mr. ¢~. Robert Herbert City ~anager Roanoke, Virginia Dear Hr. Herbert: I am attaching copy of Resolution No. 30236-91790 declaring cer- tain City owned property located at 306 Sixth Street to be surplus and authorizing the solicitation of sealed proposals for such property, upon certain terms and conaitions. Resolution No. 30236-91790 was adopted by the Council of t1~e City of Roanoke at a regular meeting nela on ~onday, September 17, 1990. Sincerely, Vlary F. Parker, C~C/AAE City Clerk ~FP:ra pc: Mr. Joel M. Schlanger, Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections Mr. Kit B. Kiser, Director of Utilities and Operations Mr. ~illiam F. Clark, Director of Public ~orks Mr. Richard V. Hamilton, Right-of-Way Agent Ms. Sharon L. Carrington, Registrar Room 456 Municipal Buitding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE The 17th Day of September, 1990. No. 30236-91790. A RESOLUTION declaring certain city owned property located at 306 6th Street to be surplus and authorizing the solicitation of sealed proposals for such property upon certain terms and con- ditions. BE IT RESOLVED by the Council of the City of Roanoke that City owned property located at 306 6th Street is hereby declared to be surplus and the City Manager is authorized to solicit sealed proposals for purchase deed with any such sale to be particularly set forth in the Committee dated September 17, of such property by a quitclaim authorized by this Council as more report from the Water Resources 1990. ATTEST: City Clerk. Office of the City Clerk September 19, 1990 File #2-40 Mr. ~'. Robert Herbert City ~anager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Orainance No. 30235-91790 auti~orizinq a lease by the City of approximately 3,098 square feet o} space at 2121 Salem Avenue, at a rental of $7,200.00 per year, ~it~ Unified Human Services Transportation Systems, Inc., upon certain terms and conditions. Ordinance No. 30235-91790 x~s adopted by the Council of the City of ~onaay, September 17, 1990. RoanoKe at a regular meeting Sincerely, ~~ ~ary F. Parker, C~C/AAE City Clerk he l d on MFP:ra Enc o pC: Mr. Curtis A. Andrews, Executive Directnr, Unifie~ Services Transportation System, Inc., 2121 Salem Avenue, S. ~., Roanoke, Virginia 24016 ~r. Joel M. Schlanger, Director of Finance ~s. Deborah J. Moses, Chief of Billings and Collections ~r. Kit B. Kiser, Director of Utilities and Operations ~r. ~iIliam F. Clark, Director of Public ~orks ~r. ~ic~ara V. Hamilton, Right-of-Way Agent ~s. Sharon L. Carrington, Registrar Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE The 17th Day of September, 1990. No. 30235-91790. AN ORDINANCE authorizing a lease by the City of certain pro- perty located at 2121 Salem Avenue from Unified Human Services Transportation Systems, Inc. upon certain terms and conditions and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest respectively in a form approved by the City Attorney an appropriate lease agreement with Unified Human Services Transportation Systems, Inc. of approximately 3,098 square feet of space at 2121 Salem Avenue at a rental of $7,200 per year and upon such other terms and conditions as deemed appropriate as more particularly set forth in the report to this Council from the Water Resources Committee dated September 17, 1990. BE IT FURTHER ORDAINED that, in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia September 17, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Declaration of Surplus Property (306 - 6th Street) and Lease of Property for Electoral Board Use The attached staff report was considered by the Water Resources Committee at its meeting on August 27, 1990. The Con~nittee recon~nends that Council authorize the lease of 3,098 square feet for storage, security and maintenance of voting booths at the initial cost of $7,200 annually in accordance with conditions stated in the attached report. Respectfully submitted, j~ Eliza~6eth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment cc: City Manager City Attorney Director of Finance Director of Utilities & Operations Registrar Curtis A. Andrews, Unified Human Services Transportation System, Inc. DATE: TO: August 27, 1990 Chairman and Members, Water Resources Con~nittee thru ~'f~ B. ~ser SUBJECT: Declaration of Surplus Property (306 - 6th Street) and Lease of Property for Electoral Board Use I. Back~round: 306 - 6th Street has been in City ownership for a number of years. This property has been used as follows: School system maintenance headquarters prior to the dedication of the old Naval Reserve Armory for that use. Lease of a portion to Unified Human Services Transportation System~ Inc., T/A RADAR (RADAR) for an operational facility. Storage of approximately 30 of 85 voting booths in the space not leased to RADAR. New property has been purchased by RADAR. RADAR has moved out and the City has assumed complete control of 306 - 6th Street. Offer to lease RADAR property at 2121 Salem Avenue to the City has been received. This leased property would be used to store and maintain voting booths. Attached is the letter offer. II. Current Situation: A. Lease offer has been made by RADAR. Electoral Board desires to move voting booths to the offered location due to more storage and maintenance space and ease of moving the booths. See attached letter from Mr. Alton Prillaman. Co Form of lease has been negotiated and offered by RADAR at the initial cost of $7~200 annually. Current property at 306 - 6th Street is in need of maintenance and would not be conducive to continued economical use by the City. Page 2 III. Issues: A. Better space B. Cost C. FundinK D. Disposition of current property IV. Alternatives: A. Co~nittee recommend that Council authorize the lease of IV. property (3,098 square feet) at 2121 Salem Avenue from Unified Human Services Transportation System, Inc. generally in accordance with the attached form of lease, with that form of lease being subject to approval by the City Attorney, declare 306 ~ 6th Street surplus, and authorize the City Manager to solicit sealed proposals to sell 306 - 6th Street. Better space will be provided for the storage, security and maintenance of all voting booths. 2. Cost will be $7,200 per year. Fundin~ for the remainder of FY 91 is available in the budget of the City Registrar, Account No. 001-010-1310-3070. Disposition of current property at 306 - 6th Street will be stipulated as surplus property offered for sale. Bo Committee recommend that Council continue to retain 306 - 6th Street for the storage and maintenance of voting booths. 1. Better space will not be provided. Cost will be that of maintaining and providing utilities for 306 - 6th Street. That cost for the first year will likely exceed the cost of the first year's lease rate of $7,200. Fundin~ to provide maintenance and utilities will be from the Department of Building Maintenance. Disposition of current property at 306 - 6th Street will be stipulated as continued use for voting booth storage and maintenance. Recommendation: Committee recommend that Council authoriz~ the lease of 3,098 square feet of space for storage, security and Page 3 maintenance of voting booths at the initial cost of ~7,200 annually with the form of lease being subject to approval of the office of the City Attorney in accordance with Alternative "A". KBK:afm Attachments cc: City Attorney Director of Finance Registrar Real Estate Agent Curtis A. Andrews, Unified Human Services Transportation System, Inc. Direcro~ of Utilities & Operanons Curtis A. Andrews Executive Director Unified Human Services Transportation System, Inc. 2121 Salem Avenue, S.W. Roanoke, VA 24016 RE: OFFER TO LEASE SPACES TO ROANOKE CITY ELECTORAL BOARD Dear Mr. Andrews: July 31, 1990 Thank you for meeting with Mr. Hamilton and myself on July 31, 1990, and showing us the space that is available for lease. This is to reiterate our understanding of the proposed provisions of the lease agreement that we discussed at that meeting. The lease is to be of 3,098 square feet of storage area at a rate of $7,200.00 per year. The initial term of the lease will be for five (5) years beginning on October 1, 1990, and continue on a year to year basis after the initial term. The annual rate will be renegotiated at the end of the lntial five (5) year term, the new rate to be based upon changes in the Consumer Price Index bewteen the fourth and fifth year and each year thereafter. Lessor will provide access to loading docks, security, heat, lights, electric service and use of bathrooms to lessee. Construction of any additional security measures needed will be at the expense of lessor and to the satisfaction of lessee. Lessor will be responsible for any loss or damage to lessee's property caused by the negligence of lessor, his officers, employees and guests. I have provided a space below for you to sign indicating that the lease pro- visions outlined above are those we discussed and your willingness to agree with them. If you have additional information to add, please let me know. Once you indicate your concurrence, I intend to recommend this lease through the City Manager to City Council. Thank you for your cooperation and assistance. If we can provide additional information, please let me know. KBK/RVH/fm Sincerely, l[tser, Directo~ Utilities & Operations cc: Mar~ A. Williams, Assistant City Attorney Sharon L. Carrington, Registrar Richard V. Hamilton, Right-of-Way Agent Nelson Jackson, Manager, Building Maintenance R°°'n~54 Munq::,a~ud~ing 215Chur~ Avenue S~RoonokeVi~nia24011 (700) 981-2002 Curtis A. Andrews Lease/Roanoke City Electoral Board July 31, 1990 Page 2 I have read the lease provisions proposed above and concur with them. I request that the City of Roanoke proceed to obtain City Council's permission to execute a deed based upon them. Date: Signed: Curtis A. Andrews Executive Director Unififed Human Services Transportation System, Inc. LAW OFFICES JOLLY, PLACE, FRALIN & PRILLAMAN, PC. ROANOKE~ VIRGINIA 24018 SALEM, VA. 24153 July 31, 1990 RECEIVED hUG I l JO Curtis A. Andrews Executive Director United Human Transportation Services, 2121 Salem Ave., S.W. Roanoke, VA 24016 Inc. Dear Mr. Andrews: Thank you for your interest in having the Roanoke City Electoral Board store its voting machines in your new facility. Your letter to Kit Kiser of July 25, 1990, copied to us, has been reviewed for action. We are very much interested in your proposal and anticipate reaching a decision within the near future. We will notify you as quickly as we can of the recommendation of the Board. Sincerely, Al~an Secretary, Roanoke City Electoral Board gpm C: Sharon Carrington, Kit Kiser Registrar Attorneys at I~w 705- 982. 8000 Telecopier 705. 982 · 8524 GENTRY LOCKE RAKES & MCDRE August 21, 1990 HAND DELIVERED 10 Franklin Roach, S E. Pos[ Office Box lO] 8 Roanoke,Virginia 24005 Kit B. Kiser Director of Utilities and Operations City of Roanoke Room 354, Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Re: Lease by Unified Human Services Transportation Systems, Inc., to Roanoke City Electoral Board Dear Mr. Kiser: Curtis A. Andrews, Executive Director of Unified Human Services Transportation Systems, Inc., has requested that I forward the enclosed lease to you for your consideration and execution on behalf of the City. If you should have any questions or comments, please do not hesitate to call. Yours sincerely, GMP,jr/lgh Enclosure cc: Curtis A. Andrews 230/06914-001/014.1tr ~~OORE (w/encl.) LEASE AGREEMENT BETWEEN UNIFIED HUMAN SERVICES TRANSPORTATION SYSTEMS, INC. , ("Lessor") AND THE CITY OF ROANOKE ("Lessee") Title 1. 2. 3. 4. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. TABLE OF CONTENTs Leased Premises Term Renewal Rental (a) Base Rent Use of Leased Premises Utilities and Taxes Maintenance and Repairs; Damage . Insurance and Damage to Leased Premises Condemnation (a) Total (b) Partia~ (c) No Entit~e~e~t't~ CompensatiOn' Indemnity to Lessor and Liability Insurance Assignment and Subletting Default . Waiver of Subrogation . Removal Upon Termination Covenant and Agreement of Lessor Expenses and Attorney,s Fees Miscellaneous Covenants of Lessee Sign Notices Keys Warranties and Representations by Lessee & Lessor ~aqe 1 1 1 3 3 3 4 4 6 7 7 7 9 9 10 10 12 13 13 14 14 14 15 15 16 (i) 22. Miscellaneous Attachments: Exhibit A -- Description of Property Exhibit B -- Description of Leased Premises 16 (ii) LEASE This Lease Agreement, made as of , 1990, by and between UNIFIED HUMAN SERVICES TRANSPORTATION SYSTEMS, INC., a Virginia corporation (hereinafter "Lessor"), and THE CITY OF ROANOKE, a Virginia municipal corporation (hereinafter the "Lessee"). W I TN E S SETH: 1. Leased Premiss. In consideration of the rents and covenants herein set forth, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, for the term and upon the terms and conditions hereinafter set forth, 3,098 square feet of space (the "Leased Premises',) as outlined in red ink on the diagram attached hereto as Exhibit B and made a part hereof located in the warehouse building situated at 2121 Salem Avenue, S.W., Roanoke, Virginia, 24016, as more particularly described in ~ annexed hereto (hereinafter the "Property,,). 2. Term. The initial term of this Lease shall commence on October 1, 1990, and terminate at midnight on September 30, 1995. 3. Renewal. Unless prior written notice of termination is received by the Lessor or Lessee on or before July 31, 1995, at 5:00 p.m., this lease shall automatically renew and continue thereafter as a additional terms) at least six will not be effective on year-to-year tenancy (additional term or which may be terminated by either party upon (6) month's prior written notice that the lease renewed for the next preceding calendar year, September 30 of the then current lease term. The terms and conditions of this Agreement shall govern during such year-to-year tenancy, except that during any such additional term, the Base Rent, as hereinafter defined, shall be increased commencing on the first day of each additional one-year term (each of such first days of such additional term or additional terms hereinafter referred to as the Adjustment Date), to reflect one hundred percent (100%) of the increases in the CPI, as hereinafter defined. CPI shall mean the Consumer Price Index for All Urban Consumers (CPI-U), for Washington, D.C.-MD-VA Ail Items (1982-1984 = 100), published by the Bureau of Labor Statistics, United States Department of Labor. On each Adjustment Date, the Base Rent shall be redetermined to be the Base Rent amount in effect for the immediately preceding year (the Preceding Base Rent) plus an amount equal to one hundred percent (100%) of the product of the Preceding Base Rent and the percentage which represents a fraction, (a) the numerator of which shall be the difference between the CPI most recently published prior to the Adjustment Date ("New CPI") minus (i) the CPI most recently published as of October 1, 1990 in the case of the first additional term beginning in 1995, or (ii) in the case of each subsequent one-year additional term, the CPI used as the New CPI in determining the Base Rent for the immediately preceding year, and (b) the denominator of which shall be the CPI most recently published as of October 1, 1990, in the case of the first additional term beginning in 1995, and the New CPI in determining the Base Rent for the immediately preceding year in the case of all additional terms ("Adjusted Base Rent"). In the event of a decrease in the New CPI, the Base Rent for the current one-year term shall be the same as the Base Rent for the immediately preceding year. and base 4. Rental. (a) Base Rent During Initial Term. agrees to pay Lessor, as rental for the rent ("Base Rent") at the Lessee covenants Leased Premises, monthly rate of Six Hundred and 00/100 Dollars ($600.00) per month, payable in equal monthly installments in advance on the first day of each calendar month thereafter during the term until the entire amount of rental due and owing under this Lease is paid in full. After the initial five (5) year term of this Lessee covenants and agrees to pay Adjusted Base monthly rate determined as equal monthly installments calendar month during the amount of Adjusted Base Rent paid in full. Payments shall be made by check payable to the Lessor or its assigns and delivered to the Lessor's address then in effect for receipt of notices hereunder. 5. Use of Leased Premisen. The Lessee shall use and occupy the Leased Premises, subject to the terms and conditions hereof, for the purpose of storing voting machines used by the Roanoke City Electoral Board and for no other purpose. Lessor lease, Rent at the of each Adjustment Date, payable in in advance on the first day of each additional term until the entire due and owing under this lease is 3 shall provide access to Lessee to the loading docks and bathroom facilities located on the Property. 6. Utilities and Taxe~. The Lessee shall pay promptly all business and personal property taxes, and licenses, arising from its operation of its business on the Leased Premises. The Lessor shall pay all real estate taxes, and for security, heat, light, water and electric service. 7. Maintenance and Repairs: Damago. maintain the charges Lessor shall parking lot and structural portion of the Building (including, but not limited to, loading docks, sidewalls and roof)constituting a portion of the Leased Premises in good repair and condition. Lessor shall also make all repairs and replacements of a capital nature (having a useful life in excess of five years) necessary to maintain the Leased Premises in good repair and condition and to render the Leased Property tenantable and fit for Lessee's use and occupancy, provided that the Lessor shall not be required to maintain temperatures in the Leased Premises above 40" fahrenheit except when occupied by employees of Lessee. After notice of needed repairs or replacements for which Lessor is responsible, Lessor shall proceed reasonably promptly to perform the same forthwith, and the Lessee may not perform or have performed such repairs or replacements on Lessor's account unless directed to do so in writing by the Lessor. The Lessee at its sole expense shall perform or cause to be performed all other maintenance and repairs of a non-capital 4 nature, including among other things repairs and replacements to the interior finishes, necessary to keep the Leased Premises in good order and repair. Lessee will, at the expiration of the term of this Lease or any renewal hereof, deliver up the Leased Premises in as good order and condition as received, reasonable wear and tear and damage by fire or other casualty of the kind insured against in standard policies of fire insurance with extended coverage excepted. Lessor's sole duty and liability to the Lessee in regard to Lessor's duties under this Paragraph 7 shall be to perform the repairs and replacements required hereunder, with the exception that the construction or provision of any additional security measures required for the protection of Lessee's voting machines stored in the Leased Premises as are approved in writing by the Lessor, shall be at the expense of Lessor and satisfactory to Lessee, and Lessor shall in no event be liable to Lessee or any other person or party for interruption of business, lost profits, injury to good will, or special, incidental or consequential damages of any kind or nature whatsoever suffered or incurred by reason of, relating to or arising out of, Lessor's failure to perform Lessor's duties and obligations under this Agreement regarding maintenance, repair or condition of the Leased Premises, negligence or willful misconduct of employees or permitted guests. unless caused by the gross Lessor, or its officers, 5 8. Insurance and Damaqe to Leased Premise~. (a) The Lessee shall insure at its own expense with an insurer reasonably satisfactory to Lessor its property, improvements, inventory and contents stored in the Leased Premises against loss or damage by fire or other hazards. (b) If the Building constituting a portion of the Leased Premises shall be damaged by fire, the elements, or other casualty, but is not thereby rendered untenantable in whole or in part, Lessor shall promptly, at its own expense, cause such damage to be repaired, and the rent shall not be abated. If by reason of such occurrence the Leased Premises shall be rendered wholly or in part untenantable, Lessor shall promptly, at its own expense, cause such damage to be repaired and the rent shall be abated pro rata until repairs are completed. Notwithstanding the foregoing, if the Leased Premises are so damaged or destroyed as to render the Premises wholly untenantable and are not capable of being repaired within sixty (60) days after the occurrence of such damage, (i) the Lessor may terminate this Lease provided that within thirty (30) days after such occurrence Lessor shall give Lessee written notice that it has elected not to reconstruct the damaged premises, and (ii) Lessee may terminate this Lease by written notice to Lessor within thirty (30) days next following the last to occur of either receipt of written notice from Lessor that repairs will require more than sixty (60) days, or the date of which the Lessee first confirms that repairs will require more than sixty (60) days. (c) Lessee covenants that, without prior written consent of Lessor, it will not do anything which will increase the rate of fire insurance on the Building constituting a portion of the Leased Premises, and that if such consent is given, Lessee will pay Lessor the amount of the increase in the cost of such insurance, as and when the premiums become due. In the event that Lessee causes an increase in the rate of fire insurance on the Building, Lessee covenants and agrees to pay to Lessor the full amount of such reasonable rate increase caused by Lessee's actions. 9. Condemnation. (a) Total. If the Leased Premises are wholly condemned by any public authority under the power of eminent domain, or any voluntary transfer by Lessor to any condemning authority under threat of condemnation, the Lessee's leasehold interest in the Leased Premises shall be deemed to terminate as of the date on which title to the Leased Premises vests in the condemning authority. Lessee shall at that time pay to the Lessor all accrued but unpaid rent, prorated through such date of termination. (b) Partial. property constituting a partially condemned by eminent domain, If the Building, parking lot, or other portion of the Leased Premises shall be public authorities under the power of or voluntary transfer to any condemning 7 authority under threat of condemnation, and if as a direct result of such occurrence any part of such Building or other portion of the Leased Premises shall be rendered untenantable, the base rent shall thereafter be reduced to reflect any resulting decrease in the fair market rental value of the Leased Premises. The base rent shall continue to be paid at such reduced rate until there be again on the Leased Premises a Building, parking lot, or other portion of the Leased Premises of as much value as the portion affected by such condemnation or sale. If all or a portion of the Building or parking lot is condemned or sold, Lessor shall proceed to make such repairs and alterations as may be necessary to provide a Building and parking lot of as much value to Lessee as the one existing prior to such occurrence, unless within sixty (60) days after the date of such taking elected not to parking lot. Lessor gives Lessee written notice that it has reconstruct, repair or alter such Building or Notwithstanding the foregoing, if a partial condemnation of the Leased Premises occurs which renders the Leased Premises untenantable for longer than sixty (60) days, uninterrupted, Lessee shall be entitled to terminate this Agreement and Lessee,s rights and duties hereunder effective upon the date that title vests in the condemning authority, provided that the Lessor receives notice of termination from the Lessee within fourteen (14) days of notice to the Lessee of the taking or proposed taking. 8 (c) No Entitlement to Compensation. The compensation awarded or paid upon such total or partial taking of the Leased Premises shall belong to and be the sole property of the Lessor, and the Lessee shall not be entitled to participate in the condemnation proceedings or claim any compensation for the taking or impairing of its leasehold or other interest. 10. Indemnity to Lessor and Liability Insuranc,~. Lessee will indemnify and save harmless the Lessor from and against any and all loss, liability, damage, and expense of any kind or nature whatsoever incurred or expended by Lessor caused by, relating to or arising out of Lessee's negligent or unlawful use of, or activities in, upon or around, the Leased Premises. For so long as this Lease remains in effect, Lessee will keep in force at its own expense comprehensive general liability insurance with an insurer reasonably satisfactory to Lessor in the amount of $1,000,000 for injury (fatal or non- fatal) to or death of any one person and $3,000,000 for injury to or death of more than one person in any one occurrence and $1,000,000 for damage to or destruction of property in or upon the Leased Premises. The Lessor shall be a named additional insured under the policy or policies evidencing the foregoing insurance coverage, and each such policy shall require at least thirty (30) days prior written notice to the Lessor before lapse or discontinuance of coverage (whether due to nonpayment, nonrenewal or passage of time) for any reason or before any modification or other change in the terms of coverage. Promptly 9 upon the request of the Lessor at any time and from time to time, the Lessee shall provide Lessor with the original or true copies of each such policy as well as a certificate of insurance evidencing such coverage. 11. Assiqnment and Subletting. The Lessee shall not have the right to assign this Lease or sublet, or permit any other person to occupy, the Leased Premises, or any part thereof, except upon the prior written consent of the Lessor, which consent shall not be unreasonably withheld. No such assignment or subletting shall relieve the Lessee of its obligations hereunder. Lessee shall pay all of Lessor's costs and expenses (including, but not limited to, attorneys, fees) incurred or expended in connection with any such sublease or assignment. 12. eft. All items of indebtedness, sums, or damages which may become owing by Lessee to Lessor under the terms of this Agreement shall be considered items of rent, and the Lessor shall have the liens and remedies for the collection of rent as are provided herein and by law or in equity for the collection of rent. Lessee covenants and agrees to pay interest at the rate of twelve percent (12%) per annum on all rents or other sums accrued if not paid when due, and Lessor expressly reserves all other rights and remedies provided herein or at law or in equity with respect thereto. If the Lessee shall default in the performance of any of the covenants and conditions contained in this Lease, the Lessor may, but shall not be obligated to, cure any such default and 10 require the cost thereof, with interest at the rate of twelve percent (12%) per annum, to be paid by the Lessee immediately or at any time thereafter, but it is expressly agreed that such curing of any default or payment of indebtedness by the Lessor shall not be deemed a waiver or release of any default hereunder or remedy provided herein. In addition, upon the breach of any covenant, term, condition or provision herein contained, or any covenant, term, condition or provision contained in any other agreement between Lessee and Lessor, or the repudiation of this Lease by the Lessee, or the failure of the Lessee to move into the Leased Premises at the beginning of the term, or the abandonment or vacation of the Leased Premises by the Lessee, or the adjudication of Lessee as bankrupt, or the insolvency of Lessee, or the failure or inability of Lessee to pay its debts as the same become due, or the appointment of a receiver or trustee of the Lessee's property, or upon the business conducted on the Leased Premises being substantially terminated at any time, the total rent herein provided for, whether accrued or not, shall at the option of Lessor immediately become due and payable, and the Lessor shall have the right to enter the Leased Premises at once, by force or otherwise, without prior notice to or demand upon the Lessee and to remove any property therein without liability for damage thereto, and without obligation to store such property, and without being liable to any prosecution for trespass or otherwise, and to distrain for rent, and also to re- 11 rent the Leased Premises as agent for the Lessee for the unexpired portion of the term and receive the rent and apply the same, after deduction of appropriate expenses, to the payment of the rent payable hereunder, Lessee remaining liable for any deficiency; or the Lessor may, at its option, immediately terminate this Lease and assume possession and control of the Leased Premises without prior notice to or demand upon the Lessee and without any liability for trespass, interruption of Lessee's business or otherwise, in which event Lessee shall quit and surrender the Leased Premises to the Lessor; provided that neither terminating this Lease under this clause or recovering possession of the Leased Premises shall deprive the Lessor of any other action or remedy against the Lessee for possession, for rent, or for damages. All of Lessor's rights and remedies shall be cumulative and shall not preclude the Lessor from exercising at any time and from time to time all other rights and remedies provided by law or in equity. 13. Waiver of Subroqation. Notwithstanding any other provisions of this Agreement, but subject to the consent of Lessor's and Lessee's insurance carriers, it is understood and agreed that in the event of any loss or damage to the Leased Premises by fire or any other perils insured customarily under extended coverage portions of fire or other insurance policies, regardless of the cause thereof, and whether or not the same be caused by the carelessness or negligence of the Lessor or 12 Lessee, licenses, carriers their servants, employees, agents, visitors, or neither the Lessee nor Lessor nor their insurance shall have any right of subrogation against the Lessee or Lessor, their servants, employees, agents, visitors or licenses for any such damage or loss so sustained. Lessor and Lessee agree to apply to their respective insurance carriers for a policy rider consenting to the foregoing waiver of subrogation provisions. 14. Removal Upon Termination. Lessee shall at the end of the initial term of this lease or any renewal, extension, or sooner termination thereof as permitted by this Agreement, remove from the Leased Premises the voting machines stored therein and any rubbish or any refuse matter and leave the Leased Premises broom clean. Lessee shall repair any damage caused by Lessee to the Leased Premises or pay Lessor the cost of repairing or replacing any portion of the Leased Premises damaged thereby. Ail goods and property on the Leased Premises left after Lessee~s removal shall be liable to distress and may be distrained and sold for any rent in arrears, cost of repairs to the Leased Premises or fixtures thereof made necessary by misuse or neglect on the part of the Lessee. 15. Covenant and Aqreement of Lessor. Lessor covenants and agrees that Lessee, upon paying the rental herein reserved and upon the performance of the covenants, conditions and agreements herein provided to be observed and performed by Lessee, shall peaceably and quietly hold and enjoy the Leased 13 Premises for and during the term hereof and every extension or renewal thereof. 16. Expenses and Attornev,s Fee~. The Lessor and Lessee agree to pay all reasonable expenses and costs incurred or expended by the other party by reason of any breach by Lessor or Lessee of their respective obligations hereunder (including, but not limited to, attorney,s fees of not less than twenty-five percent (25%) of any amount due by such breaching party, or a reasonable attorney,s fee in the event no amount is due), in the event such non-breaching party employs the services of an attorney to enforce =he performance of the covenants hereof by such breaching party. 17. Miscellaneous Covenants of Lesse~. Lessee covenants that (a) it will comply with all Federal, State and/or municipal laws, ordinances, and regulations relating to its business conducted in the Leased Premises and to its use of the Leased Premises, (b) it will not use, or permit to be used, the Leased Premises for any illegal or immoral purpose, (c) it will allow the Lessor to show the Leased Premises during Lessee's normal business hours to prospective tenants or purchasers, provided that in doing so Lessor does not unreasonably interfere with Lessee's conduct of its business operations, and (d) it will conduct its business in such manner as will be in keeping with the character and reputation of the Leased Premises. 18. Sign. Lessee shall not be entitled to erect any freestanding signs or any signs affixed to the Building, or to 14 take down or modify any or all of the same, without prior notice to and consent by the Lessor. Lessee shall repair any damage to the Leased Premises caused by removing or modifying any such signs at the time of removal, and in no event later than the expiration of Lessee's tenancy under this Agreement. 19. Notices. Ail notices required or permitted to be given under this Lease shall be in writing and shall be sent by registered or certified mail addressed to Lessor c/o Curtis A. Andrews, Executive Director, Unified Human Services Transportation Systems, Inc., 2121 Salem Avenue, S.W., Roanoke Virginia, 24016 (with a copy to G. Michael Pace, Jr., Esquire Gentry Locke Rakes & Moore, 800 Crestar Plaza, P.O. Box 1018 Roanoke, Virginia 24005), and to Lessee c/o Kit B. Kiser Director, Utilities & Operations, The City of Roanoke, Room 354 Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, (with a copy to Mark A. Williams, Esquire, Assistant City Attorney, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011), or at such other address as either Lessor or Lessee shall designate in the manner herein set forth for the giving of notices. Any such notice shall be deemed to have been given at the time it is delivered at the address then in effect for notice purposes under this Paragraph, and shall be deemed sufficient in form if sent by first class, postage prepaid, certified or registered mail, return receipt requested. 20. ~eys. Lessee will surrender all keys to the Leased 15 Premises at the termination of this Lease or pay the cost of replacing all locks for the Leased Premises. 21. Warranties and RePresentations by Lessee and Lesso~. Lessee hereby warrants and represents that it has obtained the written approval of the appropriate officials and governing bodies of the City of Roanoke to enter into this lease, and that no further action or governmental approvals or actions are required to give full effect to the provisions of this lease and the rights, duties and obligations of the Lessee hereunder. Lessor hereby warrants and represents that it has obtained the approval of its Board of Directors to enter into this Lease, and that no further approvals or authorizations are required in order to give effect to the provisions of this Lease and the rights, duties and obligations of Lessor hereunder. 22. Miscellaneous. (a) This Lease Agreement may be executed by the Lessor and the Lessee in any number of counterparts (each of which shall be deemed to be an original, and all of which shall be deemed to represent one and the same agreement), and merges all prior or contemporaneous understandings and agreements between the parties hereto with respect to the Leased Premises. (b) The failure of either party to insist, in any one or more instances, upon strict performance of any of the covenants of this Agreement, shall not be construed as a waiver or a relinquishment for the future of such covenant or option, but the same shall continue and remain in full force and effect. 16 (c) This Lease and the covenants and conditions herein contained shall bind and inure to the benefit of the Lessor and the Lessee and their respective heirs, successors and their permitted assigns. (d) This Lease shall be construed in accordance with, and the respective rights, obligations and remedies of the parties shall be governed in all respects by, the laws of the Commonwealth of Virginia. (e) The headings and subheadings of the provisions herein are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. (f) Both Lessor and Lessee represent and warrant that there are no claims for brokerage commissions or finders, fees in connection with the execution of this Agreement. IN WITNESS WHEREOF, the Lessee has caused this Lease to be executed by and its seal to be affixed, duly Lessor has caused this Lease to , its attested by its Clerk, and the be executed by its Executive Director as of the date first above written. LESSOR: UNIFIED HUMAN SYSTEMS, INC. SERVICES TRANSPORTATION By: Its: Executive Director 17 Attest: LESSEE: THE CITY OF ROANOKE, VIRGINIA By: Its: , Clerk STATE OF VIRGINIA ) ) CITY OF ROANOKE ) The foregoing instrument day of August, 1990, by Executive Director of Unified Systems, Inc. My commission expires: was acknowledged before me this Human Services Transportation Notary Public STATE OF VIRGINIA CITY OF ROANOKE The foregoing instrument was acknowledged before me this day of August, 1990, by , , of the City of Roanoke, Virginia. My commission expires: 230/06914-001/020.1ease Notary Public 18 SCHEDULE A New Lot 20B, containing 1.289 acres, being a resubdivision of Lots ll-A and 24-A, being formerly a portion of Lots 5 and 19, and all of Lots 6, 7, 8, 20, 21 and 22, Westend and Riverview Map, Roanoke City, Virginia, as shown on a plat entitled "Plat of Survey and Subdivision for P.D.Q. Company, a Limited Partnership, Showing the Division of Lot ll-A (1.257 Acre), Lot 24-A (.0931 Acre) and Lot 26-A (0.157 Acre) (Map Book 1, page 870) and Creating Hereon New Lot 20- B (1.289 Acres) and New Lot 25-B (1.056 Acres) Situated at the intersection of Salem Avenue, S.W. and Boulevard, S.W., City of Roanoke, Virginia" dated May 4, 1990, made by Balzer and Associates, Inc., and designated as Job Number 9008500005, which plat is of record in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in Map Book 1, page 960, and BEING a part of the same property conveyed to the Grantor by deed dated September 15, 1976, recorded in the aforesaid Clerk's office in Deed Book 1387, page 168, and by deed dated September 14, 1989, recorded in the aforesaid Clerk's Office in Deed Book 1609, page 907. SCHEDULE B 230/06914-001/021.sch Office of the City Clerk Sep[ember i9, 1990 File #169 ~r. Douglas ~. Burnett Vietnam Veterans of America Chapter #81 P. ©. Box 1694 Roanoke, Virginia 24008 Dear ~r. ~urne~t: I am enclosing four copies of Ordinance No. 30212-91790 granting to the Vietnam Veterans of America, Chapter 81, a revocable per- mit to mount American flags on street lighting poles in the Central Business District of the City, upon certain terms aha conditioas. Ordinance No. 30212-91790 was adopted by the Council of the City of Roanoke on first reading on Monday, August 27, 1990, also adopted by the Council on second reading on ~onday, September 17, 1990, and will take effect ten days following the date of its second reading at such time as a copy, duly signed, sealed, attested and acknowledged by an appropriate official on behalf of the Vietnam Veterans of America, Chapter 81, iias been filed in the Office of the City Clerk. Please sign and return three copies of Ordinance No. 30212-~179~ to the City Clerk's Office, Room 456, Mc, nicipal Building, Roanoke, Virginia 24011. Sincerely, ~?t.~<.~-~ Mary F. Parker, C~C/AAE City Clertc MFP:ra Enc. pc: ~r. ~;illiam F. Mr. ~illiam ~. Ms. Lauren G. Room 456 Clark, Director of Public ~Vrks ~ullins, ~anager, Signals and Alarms Eib, Risk ~anagement Officer Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk September 19, Fife #169 ~r. ~. Robert Herbert City ~qana6er Roanoke, Virginia Oear ~r. herbert: I am attaching copy of Ordinance No. 30212-91790 granting to the Vietnam Veterans of America, Chapter 81. a revocable permit ro moont American flaqs on street lighting poles in the Central Business District of the City, upon certain terms and conditions. ~rdinance ~o. 30212-91790 was adopted by the Council of the City of Roanoke on first reading on ~onday, ~ugust 2?, 1990, also aaoptea by the Council on second reading on ~onaay, September' 17, 199~, and ~ill take effect ten days following the ante of its second reading. Council Member Davia A. Bowers requestea that you contact tae ~ietnam Veterans of America, Chapter 81, with regarO to installing the flags on Elm Avenue in front of Community ~osoital. Sincerely, ~~ ~4ary F. Par~er, C~'C/AAE C~ty Cleric ~FP: r a Enc . Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th Day of September, 1990. No. 30212-91790. AN ORDINANCE granting to the Vietnam Veterans of America, Chapter 81, a revocable permit to mount American flags on street lighting poles in the Central Business District of the City, upon certain terms and conditions. WHEREAS, the Vietnam Veterans of America, Chapter 81 (Permit- tee), has requested that Council authorize the Permittee to mount American flags on certain street lighting poles in the Central Business District of the City, Permittee's request being more particularly set forth in the City Manager's report to City Council dated August 27, 1990; and WHEREAS, Council is desirous of granting the request Permittee upon certain terms and THEREFORE, BE IT ORDAINED by as follows: 1. Permission is hereby granted the Permittee to mount American flags on street lighting poles in the Central Business District of the City, the Permittee's request being more par- ticularly described in the report of the City Manager, dated August 27, 1990, a copy of which is on file in the office of the City Clerk. 2. The permit granted by this ordinance shall be revocable at the pleasure of the City of Roanoke. of the conditions. the Council of the City of Roanoke 3. Any and all costs in connection with the granting of this permit shall be borne by the Permittee, with the exception of up to four hours of overtime wages for one City employee on or about the holidays enumerated in the City Manager's report dated August 27, 1990, and the direct cost of the operation of one City vehicle in connection with the exercise of the rights or privileges granted hereby. 4. The Permittee shall, and by execution of this ordinance, does agree to indemnify and save harmless the City, its officers, agents and employees from any and all claims, legal actions, and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Permittee's intentional acts or negligent acts or omissions with respect to the rights or privileges granted hereby, and the Permittee shall, and by execu- tion of this ordinance, does agree to have in force and effect a public liability insurance policy in which the City, its employees and agents are named as co-insureds, on or before the exercise of any rights or privileges granted hereby. 5. Permittee shall give notice to the City's Director of Public Works prior to entry on to City property or City facili- ties for installation or mounting of the flags, and Permittee shall supply a copy of a certificate of insurance, demonstrating that the condition set forth above has been met, before the exer- cise of any rights or privileges granted hereby. 6. The permit granted by this Ordinance shall remain in full force and effect until amended or revoked by duly adopted ordinance of this Council. - 2 - 7. This ordinance shall be in full force and effect at such time after its effective date as a copy, duly signed, sealed, attested and acknowledged by an appropriate official on behalf the Vietnam Veterans of America, Chapter 81, has been filed in the Office of the City Clerk. of ATTEST: City Clerk. ACCEPTED AND EXECUTED by the undersigned this , 1990. day of ATTEST: VIETNAM VETERANS OF AMERICA CHAPTER 81 ~itle: By Title: - 3 - Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Roanoke, Virginia August 27, 1990 Subject: American Flag Displays On Downtown Street Light Poles I. Background: II. Vietnam Veterans of America~ Chapter #81, have coordinated the display of American flags in the downtown area since 1983. City of Roanoke received a request from the Vietnam Veterans of America, Chapter #81, in August of 1989 to permit the organization to install and remove American flags on certain street lighting poles in the Central Business District on appropriate holidays and to furnish a truck and driver to assist in installation and removal of flags. City Council concurred with the City Manager's report of August 14, 1989 and passed an Ordinance permitting the organization to install and remove the American flags on certain street lighting poles in the Central Business District on or about official City holidays as identified in Section 2-37 of the Code of the City of Roanoke (1979) as amended, and agreeing to help by providing a truck and driver for a one-year period. (Ordinance 919709-82889) Current Situation: Ordinance 919709-82889, dated August 14, 1989, which authorized the City Administration to help the Vietnam Veterans of America, Chapter 981, expires August 14, 1990. Vietnam Veterans of America~ Chapter 981~ has requested that the agreement be extended with permission for the following holidays and-7~-~special days: 1. Memorial Day Members of City Council Page 2 III. IV. 2. Independence Day 3. Labor Day 4. Veterans Day 5. Flag Day 6. Washington's Birthday Issues: A. Continuation of the display of American flags in the downtown area on various holidays. B. Cost to the City. C. City liability. Alternatives: ao Authorize the City Manager to permit the organization to fly American flags on certain street lighting poles in the Central Business District of the City, and to assist the organization by providing a City truck and driver to help with erecting the American flags on street light poles in the Central Business District on the aforementioned holidays or special days for a period of one year. Continuation of the display of American flags in the downtown area will be possible through public-private cooperation. Volunteers will erect and remove the flags from the back of a City vehicle. Cost to the City will be relatively nominal and cover approximately four hours of overtime for one employee each holiday and the operating expense of a City vehicle. This cost can be absorbed in existing budget accounts. City liability will be protected by a public liability insurance policy provided by the Vietnam Veterans of America, Chapter #81, in the proper amounts and form as prescribed by the City Risk Manager, in which the City of Roanoke, its employees and agents, are named as insured. Members of City Council Page 3 Bo Do not authorize the City Manager to permit the organization to fly American flags on certain street lighting poles in the Central Business District the City, and to assist the organization by providing a City truck and driver to help with erecting the American flags on street light poles in the Central Business District on the aforementioned holidays or special days for a period of one year. Continuation of the display of American flags, in the downtown area will not be assured unless the Vietnam Veterans of America are able to secure assistance from a source other than the City. 2. Cost to the City will be nothing unless installing the flags would become a total City responsibility. 3. City liability will be moot. V. Recommendation: City Council approve Alternative "A" thereby authorizing the City Manager to permit the organization to fly American flags on certain street lighting poles in the Central Business District of the City, and to assist the organization by providing a City truck and driver to help with erecting the American flags on street light poles in the Central Business District on the aforementioned holidays or special days for a period of one year. Respectfully submitted, City Manager WRH:WMMjr:jrm copy: City Attorney Director of Finance Director of Public Works Manager of Signals & Alarms City Risk Manager Mr. Douglas W. Burnett, Vietnam Veterans of America, Chapter #81, P.O. Box 1694, Roanoke, Virginia 24008 Office of the City Clerk September 19, 199U File ,~r. ~illiam S. Hubard, President Center in the Square One Uarket Square, S. ~,. Roanoke, Virginia 24011 Dear ~r. Hubard: #169-425 I am enclosing four copies of Ordinance No. 302~6-~1790 granting a revocable license for the construction of certai~ building appendages encroaching OVer and into the right-of-way of' Church AVenue, S. E., located at Center In The Square, upon certain terms and conditions. Ordinance No. 30216-91790 was adopted by the Council of the City of Roanoke on first reading on ,~onday, August 27, 1990, also adopted by the Council on Secona reading on ~o~aay, September 17, 1990, and Shall be in full force and effect at Such time as a Copy, duly Signed, Sealed, attested and acknowledged by the licensee, has been admitted to record, at tae cost of the licensee, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and Shall remain in effect only so long as a valid, Current certificate evidencing the public liabi- lity insurance required is on file ~n the Office of the City Clerk. . Please sign and as ~ell as the Office, Room 456, return two copies of Grdinaace No. Certificate of Insurance, to the Municipal BUilding, Roanoke, Virginia gincerely, ~_~ ~ary a er, C~C/AAE City Clerk 30216-91 790, City Clerk's 24011. MFP:ra Enc, pc: :Ur. ~. Robert Herbert, City ~anager Mr. gilliam ~. Clark, Director of Public gbrks ~gr. Charles .~. Huffine, City Engineer Mr. Ronald H. Wilier, Building Administrator C°~issioner/Zoning ~r. John R. ~arlles, Chief of Community Planning ~r. Kit B. Kiser, Director of Utilities and Operations ~s. Sandra H. Eakin, Deputy City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Vi~i~ia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th Day of September, 1990. No. 30216-91790. VIRGINIA, AN ORDINANCE granting a revocable license for the construc- tion of certain building appendages encroaching over and into the right-of-way of Church Avenue, S.E., located at Center In The Square, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. A revocable license shall be and is hereby granted the current owners, Center In The Square, their grantees, assignees, or successors in interest, of the aforesaid property otherwise known as Center In The Square, within the City of Roanoke, to construct and maintain decorative glass and steel canopies attached to the facade of the Center In The Square over and into the public right-of-way of Church Avenue, S.E., with the center of the posts on Church Avenue to be at least 8 feet 10 inches from the face of the building as more fully described in a report of the City Manager dated August 27, 1990, on file in the Office of the City Clerk. 2. Said license, granted pursuant to S15.1-376, Code of Virginia (19§0), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke, and is subject to all the limitations contained in the aforesaid $15.1-376. S. It shall be agreed by the licensee that, in construct- ing, using and maintaining such encroachments, said licensee and its grantees, assignees, or successors in interest covenant and agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise hy reason of the construction, maintenance or existence of above-described encroachments over public right-of-way. 4. Licensee, its grantees, assignees or successors in interest shall for the duration of this permit, with respect to claims arising out of the construction, maintenance, use, or existence of the structure and areas permitted to encroach into City right-of-way hereunder, maintain on file with the City CLerk's Office evidence of general public liability insurance with limits of not less than $1,000,000, bodily injury insurance in the amount of $1,000,000 for injuries to one person in any one occurrence and $5,000,000 annual aggregate, and property insur- ance in the amount of $500,000 for damage in any one occurrence and $1,000,000 annual aggregate, or umbrella coverage for all of the foregoing of at least $5,000,000, with all such coverages to include the City of Roanoke, its officers, employees and agents as additional insureds. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by licensee, has been admitted to record, at the cost of the licenseee, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the public liability insurance required in paragraph 4 above is on file in the Office of the City Clerk. ATTEST: City Clerk. - 2 - ACCEPTED and EXECUTED by the undersigned this , 1990. __day of Licensee Licensee STATE OF VIRGINIA CITY OF ROANOKE I, hereby certify that the foregoing instrument was acknow- ledged before me this day of , 19 , by My Commission expires: Notary Public - S - Roanoke, Virginia August 27, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Reconsideration of August 13, 1990 Report to Grant a Revocable Permit to Center in the Square for the Church Avenue Entrance of that Facility Action was delayed on the attached report at the August 13, 1990 meeting pending further information. The attached letter from Mr. William S. Hubard stur~arizes information from two meetings between City and Center in the Square representatives. The center of the posts on Church Avenue will be 6 feet 10 inches from the face of the building as opposed to the 5 feet 4 inches for the existing posts on Campbell Avenue. I recomend Council approve the revocable permit on Church Avenue. Respectfully, WRH:KBK:afm Attachments cc: City Attorney Director of Finance W. Robert Herbert City Manager William S. Hubard, President, Center in the Square T Q: FPOM: DATE: ~.~t Kiser', Di{'eotor, C~ ts, c~f ~o'(noke Cente[, ONE MAI~KET S~UAPE oF Ut i lit ie,~: CENTER IN[]THE SQUARE F~OANOKE, VIRGINIA 240'1 703/342-5700 and OP~'uations Huber*d, President Au<lust 21, 19!)0 · IIg. E¢.~ Canopzes on Center in the Squar'e 3uild~ngs f;~i:, thank you so much ~'e,,'~ew on :;itc out' plans l'oi* install[no canopies on oui' two buildinqs, one facing Chub'ch Avenue and the other ¢,~2ing Campbell When out- ot~igina] building on Ma~'ket Square wau Put'chased and r'emodeled ir, 198~ we planned to have a eanop,, iastalled Facing Campbe ] ] i~'erlue al~d M " nat'ket St~'eet. However-, due to limited f'unds the canop5 was d,~lef, ed. The th~'ee main PuUposes loc a canop3, are , a} to identify/ our building to asstst our man,,/ "~sltous an locat~n~ us, (b) to enhance the appeacanee ot? ou~* t'efucb~shed ~acm zmplement wa~'ehouse i.e. to make it mc,~'e esther, really/ appealing and (c) to Pco,'ide a measu~'e of P~'oteetton From the weather Sou pedest~'ians in the Ma~'ket Square a~'ea, To (1) enhance pedest,rian £1ow and sar'ets, and ~' '¢~ ass~ st: handicapped '/is~tors. the £ollow~nq modi£ieat~ons could be made ou~* plans submitted to Roanoke Czt:~ Counczl with ou~- ('eque~:t For ~'e'/oca bl e license to install these canopie:; in {'l,)ht OF wa:¢. a public A. CAMPBEI,L AVE'~UE M^RKET S,~UAIIE 'l. ~{e plan to eliminate column d c,n Campbe]i AVeRL~e. '['his would ease pedest, t'zan ¢2ow and c~ea~ (he hand2capped ~ urb b~'eak l: hel~e. Columns 5 and 7 will be mo'/ed closet~ to whet*e eoldmr~ 6 is removed to add st~uetu~-al support t(~ the canop.y. 2. We plan to cemove column 1:1 on Maeket Squat,e and support that corner off the canop.,/ with a steel bac angled irl~o 3. We can move column~ '1 throuqh 5 9 inches north ' towacd Campbell Avenue) to be irt 1]tie with the bench between colt~rflng 3 and 4. Thi s wi 11 t*estc, t'e the m)ce --e(.] umn wi dfih thece f'oc si dewalk Passage t n ['pont oF oul- b.i l ding as t:he mai ] box and bench ther'e al'e o~ly 9 thebes north of ou~' eo]umes. 4. 'e plan to plac~ :"omethtn~ < pea'haps side of' column 1. the rios'th ~lde of coLum~l ar]d the east s ~ de of col umrts 5 and '13 ~ o make them milch and thus safer for, pedest~'[ans. CHURCH AVENUE 1. lie plan to move columns 1 arid 4 1~~, l~ch.-~s in towacd the center oF ou~' bu1]dlnc) to avoid a~ly con£]lct w~th the st~'eet 2. Hary[[yn ^ubogas[, Citu Ho£'~lculturalist. has visited the site and ag['ees %0 t~'lm the B~'adF.~t-d peat' ~ tee {~n Campbell Avenue to a"old its inteuFeuence with c,u[' ca~op~' there. If necessa[,~ she ~a[/~ need to ['em,~ve that ~nee. Chtp ~nead "lsited the site and, at his suggestion, we ago'ced to paf~ or~e--halF el' the cost oF plant ing a ~'ep] acement t~'ee i f, ~'e<~'etabl.~;, the Bi'adi'oPd Dean tuee needs to be uemo'/ed. Kit, [~e F~'eFe~' not to move cell!runs '1 to 5 o~] Campbell A.enue as this will be quite expensive < estimate $1, 500. 00', and w,)uld u,[den the PaSSable the~'e on].3/ c~ inches, 1. e, i'd'om 5~~, ]nches go ~7 inohes. AlEe, th~s would place the cci umu ~n ['uon~ of the be~ut~ f~l canop,,. the['e and ~,~J 11 sur'el.,/ look Mit. pon asked that ~ £urn~:h ?~u a cost ~stimate ~'o~' moving) columns ~ to 5 on Campbell Avenue and the 4 c,~lumns on Church Ave~ue ['Pom thei~ cu~.eut locations ( actunl or planned, to just i nslde <~f the existing cuFb. ,: I am advised by C] ti, Staff that the sPecl['icatlons o[' the Vl~'qrnla Department oF Highwa. s ceq~i~-e that a~l,/ columr], sign, lamp post. etc. be placed at ]east 2 Feet ['t'om the ouch. ) We e~:ti,nate this to cost $5, 000. 00. This altec'ri.trig, e, w~>uld have the Campbell Avt~nue columns moved 34 ] nch,_,s and the Chirr'ch A,.enue columns mo'.ed 13 inches and. would P~'act~callj~ d,.st{'o[ all estheti3 'alue o[' these far,dp]es and ./ould pu~/~de no additional ~,~ldth ['o~' pedestu/.ar] ['lew as eompamed to the abe e pr~,)p(],gals. The Pout~ colum~ls on Chuuch Avenue will be in Line w/th the tvlo lamp posts, the mai I box, bench and ~'ef'use blr]. ce Evel./n Cu~lter Acchi teetul-al P.e /lew 3oa~-d o ~) 0 c~ 0 ¸it Roanoke, Virginia August 13, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia RE: REVOCABLE PERMIT FOR STREET ENCROACHMENT CANOPIES OVER SIDEWALK AREA CENTER IN THE SQUARE Dear Members of Council: I. Back, round: Center In The Square has been located at the southwest corner of Campbell Avenue, S.E. and Market Square for a number of years. Over time they have become aware that they are difficult for out-of- town visitors to locate. Installation of distinctive ~lass and steel canopie, over the side- walk on the Center's frontage on Campbell Avenue and Market Square was authorized by City Council by Ordinance No. 30153~72390, dated July 23, 1990. II. Current Situation: Original Request from Center-In-The-Square included the r~quest that a canopy be permitted over their Church Avenue, S.E. frontage also. By an oversight this was omitted from the original report to the Water Resources Committee and Council. Certificate of Appropriateness for the installation of the canopies included approval of the Church Avenue canopy. It was granted by the Architectural Review Board on May 11, 1990. III. A. Need B. Timin~ C. Indemnification & General Liabtlit~ Insurance Page 2 IV. Alternatives: Cit~ Council authorize the appropriate City officials to execute a revocable permit allowing the encroachment of decorative glass and steel canopies, attached to the facade of Center-In-The-Square, over portions of the public sidewalk on Church Avenue, S.E. (See attached letter.) 1. ~eed by petitioner for Council's concurrence with plans is met. 2. Timin~ to meet petitioners construction schedules is met. 3. Indemnification and General Liability Insuran¢~ to be provided by petitioner. Petitioner will provide and maintain om file with the City Clerk's Office evidence of general liability, bodily injury and property damage liability insurance coverage in amounts not less than: In the case of bodily injury insurance, $1 million for injuries to one person in amy one occurrence and $5,000,000 annual aggregate; b. Property insurance, $500,000 for damage in any one occurrence and $1,000,000 annual aggregate; c. In the case of general liability insurance, coverage in the amount of $i,000,000; and d. The above amounts may be met by "umbrella" coverage in a mini- mum amount of $5,000,000; and all coverages shall include the City of Roanoke, its officers, and employees and agents as additional iueureds as recommended by the Risk Manager. This coverage already being provided under the requirements of the revocable permit for the Church Avenue, S.E. and Market Square canopies. ~it¥ Council not authorize the appropriate City officials to execute a revocable permit to Center-In-The-Square for canopies encroaching over the public sidewalk. 1. ~eed by petitiouer for Council's concurrence is not met. 2. Timin~ to meet petitioner's construction schedule is not met. 3. Indemnification and General Liability Insur~n~ is not an issue. Page 3 Recommendation: Council authorize a revocable license to Center-In-The- Square for canopies over the public sidewalk on Church Avenue, S.E in accordance with Alternative "A". '' Respectfully submitted, W. Robert Herbert City Manager WRH/KBK/RVH/fm Attachment CC: City Attorney Director of Finance Director of Public Works City Engineer Building Commissioner Manager, Community Planning William S. Hubard, President, Center In The Square Timm Jamison, Hayes, Seay, Mattern & Mattern CENTER IN UTHE SQUARE ONE MARKET SQUARE ROANOKE. VIRGINIA 240,1,1 703/342-5700 July 31, 1990 Mr. W. Robert Herbert, City Manager City of Roanoke Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Dear Bob: RECEIVED JUL $ 1 90 City Manage~si Office Roanol~, VA In my letter to you dated June 8, 1990 (copy attached) ~e reque~ed.~hat Roanoke City Council grant Center in the S ~w2~&~l. ~c~ ~o c~t~ct ~l~.. and .t-.1.oanopi.. ~VJ ~s ..... ~o,w~_ nUl~=}~gs an~ encroac~ into the public right-of-wa . ~ ~ua=uu in my let=er, our rem,est w~- ~ ........ Y main buildin~ at One ~--~-~ ~S:_ ~- ~y% u~uyles on; 1) our ~_~ ~__~_~ _~ _.--~_~=~ ~quare zron~lng on Campbell Avenue ~?~.,-,~=u ~quare, anu 2~ our new addition at 20 Church Avenue, Roanoke city Council did grant this revocable by Ordinance No. 30153-72390 .... 3co~y attached} passed on 1990 and July 23, ~u._ .~9~ortunately this revocable applied only to our ~n uu~ing at One Market Square. license July 9, license We would very much appreciate your ~equesting Roanoke city counoil ffo~..~? cov. r.~. of ~.t Or~n~c. to grant us a revocable --= ~ur a canopy on our building at 20 Church Avenue, S.E. It would be great if this could be an "emergency action" to ex--re our proceeding with this much needed project. Bob, I a~ologize for this and hope that you will not be too upset with us. Sincerely, William S. Hubard President WSH:wd Attachment cc: Mary F. Parker, City Clerk (w/o att.) CENTER INglTHE SQUARE June 8, 1990 703/342-5700 WESTEr'~ ~IN~ ~N~ ~R ~E ~ ~D ~IENCES Hr. ~. Rober~ HIrbirt, Cit~ ~n~gir Cl~ o~ Roanoke Roanoke, VA 24011 Dear Bob: Aa part of our program for Continued improvement and expansion of the facilities of Center in the 3quire we have acquired the former Phelps and Armietead building on Church Avenue, and completely remodeled that building and a large portion of our original building at a cost of over $$,000,000.00. ~e have los or the reef that visitors to Re ....... g been aware ~noKa nave eau a dl££1eult time loeatlng us on Harkat Square, The City has helped sign~£1eantly in overcoming th~s problem by erecting many lar · d o.. c ty .tr..t. a.d by ..pportin. ~rucczona~ szgns on Znterstate 8t and 581 -,_ · our location ~e have had be&utl£uX glass and steel canopies designed by Hayes, 3ely, Nattern and Nattern for the £acadea of both of our buildings i.e., Campbell and Church Avenues. #e have contracted with J. N. Turner Construction, ~nc., ($125,~00.00) to construct and install these canopies. Attached are architects design, sketch, apeei£ieations and colored rendering for these canopies as yell as a letter from the City of Roanoke Architectural Review Board which constitutes a Certi£ieate of Appropriatenna £or these canopies. Ve would very much appreciate your having this presented to Roanoke City Council for its approval which ! understand will be in the form o£ a revco&bls license. Please advise me who appear to support this request and to what bodies and when. should Ve have shorn thin design to Gus Pappaa o£ the Ro&noka #airier ~tand. Ha endorses th~s canopy installation aa we are working closely w~th him to accommodate hie very appropriate concern that the vin~bility o£ his landmark eatery be Preserved. 31neerely, #illiam 3. Hubard, President Hrs. gltsabeth T. Bowles, Chair ~atar Resources Committee Nr. Gun Pappaa Roanoke ~einer 5tend Nr. Kit KLear, Director of Util/t/es and Operations Mr. William Hubard General Nanager Center in the Square One Market Square Roanoke, VA 24011 Dear Kr. HUbard: ~ Subject: 'ApPllcatAon for cez~lflcate of APPropriatenee~ Dated 4/28/89, NO. 89-029 · he Architec~ural Revtev BOard of the City orr° -~a~fl~ ce~Afica~e. - --- v~c~, u 1is~ on ~e ~e BOard e~res~ eonc approv~ glass c~ e~ wi~ fu~e ~ r~ ~and ~ ea~ ln~en~e ~ P id~ fr ~ ~ ~ C ~he ... ..... ~en2 {a= leas*---- .... enter ~ ~e ~a.. 2£ you should have further queatAone relatAve to this matter, please do not hesitate to contact t2x:La of£Ace at ~he number 1istedbelo~. attachment SXncerely, .~.c~Yn S. Gunter, Secretary tectural Review Board Mr. Ronald H. Miller, ZonAngAdministr&tor CERTIFICATE OF APPROPRIATENESS ~o, 89-029 D&tej ~&Y ll, 1989 On May II, 2989, the Roanoke City A~chite~tural Review Board granted thAI CertA£Ac&te of APProprA&teneee, to Center in the S~uare and &~rove~ the following:. ~ 1. 7~87 la~..~at_ed cle~= gl&sm eano~ in on ~ur=h Avenue}'c~~ti~_}~ ol~ Linen color, 2. "Center im the Square- signag~ and white, includin- k4. ..... lo9~, in blue and · ........ ~ w._,= -~n accents on CampMell ~v~nue an~ ~l~urc~ Avenue. 3. 12" foz~ed 9alvanAzed metal tenant signs Pittsburgh No. 2535 (Ol~LAnen) on Church Avenue, Campbell Avenue and~ke~ Square. Ind~vidu~X tenant names ~a/nted ~n 6" lettering zone with color ael~ti~n to ~ ~ te~t. Light~g ~or c~ (~ ~ghtl ~ w~te n~n t~s). veAyn S. Gunter, Roanoke City Architectural Review Board Off~.-e of the City Clerk J~ly 25, 1990 File #169-425 Mr. ~illiom S. Hubard President Center In The Squore One Market Square Roanoke, Virginia 24011 Dear Mr. Eubard: I am enclosing four copies of Ordinance No. 30153-72390 granting a revocable license for the construction of certain building appendages encroaching over and into the right-of-wy of Campbell Avenue and Market Square, located at Center In The Square, upon certain terms and conditions. Ordinance No. 30153-72390 ~s adopted by the Council of the City of Roanoke on first reading on Monday, July 9, 1990, also adopted by the Council on second reoding on Monday, July 23, 1990, ond will be in full force end effect at such time as o copy, duly signed,-sealed, attested, and acknowledged by the licensee, has been admitted to record in the Office of the Clerk of the Circuit Court of the City of Roanoke, ond shall remain in effect only so long as a valid, current cer- tificate evidencing the public liability insurance required is on file in the Office of the City Clerk. Please sign and return two copies of Ordinance No. 30153-72390, as well as the Certificate of Insurance, to the City Clerk's Office, Room 456, Municipal Building, Roanoke, Virginia 24011. ~FP:ra Sincerely, '. Mary F~.arker, CblC/AAE City Clerk F~nc. pc: Mr. Timothy L. Jamieson, Hayes, Seay, Mottern & Ma ttern, Franklin Road, S. W., Roanoke, Virginia 24014 Mr. W. Robert Herbert, City Manager Mr. ~illiam F. Clark. Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Ronold E. Miller, Building Commissioner/Zoning Administrator Mr. John R. Marlles, Chief of Community P/onnlng Mr. Kit B. Kiser, D/rector of Utilities and Operations Ro~m46d; Mun~lBul~lng 215CIlu~11Avenue,~W. Roenok~Vl~24011 1315 IN THE COUNCIL OF THE CITY OF ROAflOKE, The 23rd day of July, 1990. No. 30153-72390. VIR6INIA, AN ORDINANCE granting a revocable license for the construc- tion of certain building appendages encroaching over and into the riEht-of-way of Campbell Avenue and Market Square, located at Center In The Square, upon certain terms and conditions. BE IT ORDAINED by the Council of the Clty of Roanoke that: 1. A revocable license shall be and is hereby granted the current owners, Center In The Square, their grantees, assignees, · or successors in interest, of the aforesaid property otherwise -~ known as Center In The Square, within the City of Roanoke, to construct and maintain decorative glass and steel canopies attached to the facade of the Center In The Square over and into the public right-of-way of Campbell Avenue and Market Square, as more fully described in a report of the Watar Resources Committee dated July 9, 1990, on file in the Office of the City Clerk. 2. Said license, granted pursuant to S15.1-376, Code of Virgtnla (1950), as amended, shall be revocable at the pleasure of the Council of the Clty of Roanoke, and is subject to all the limitations contained in the aforesaid $15.1-376. 3. It shall be agreed by the licensee that, in construct- ing, using and maintaining such encroachments, said llcensee and its grantees, assignees, or successors in interest covenant and agree to indemnify and save harmless the Clty of Roanoke, its officials, offlcers and employees, from all claims for injuries insurance required of the City Clerk. or damages to persons or property that may arise by reason of the construction, maintenance or existence of above-described encroachments over public right-of-way. 4. Licensee, its grantees, assignees or successors in interest shall for the duration of this permit, with respect to claims arising out of the construction, maintenance, use, or existence of the structure and areas permitted to encroach into City right-of-way hereunder, maintain on file with the City Clerk's Office evidence of general public liability insurance with limits of not less than $i,000,000, bodily injury insurance in the amount of $1,000,000 for injuries to one person in any one occurrence and $5,000,000 annual aggregate, and property insur- ance in the amount of $500,000 for damage in any one occurrence-- and $1,000,000 annual agEregate, or umbrella coverage for all of the foregoing of at least $5,000,000, with all such coverages to include the City of Roanoke, its officers, employees and agents as additional insureda. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by licensee, has been admitted to record, at the coat of the licensees, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long aa a valid, current certificate evidencing the public liability in paragraph 4 above is on file in the Office ATTEST City Clerk. - 2- ACCEPTED and EXECUTED by the undersigned this day of , 1990. ~ Licenses STATE OF VIRGINIA CITY OF ROANOKE I, hereby certify that the foregoing instrument was acknow- ledged before me this day of , 19 , by My Comentssion expires: Notary Public -3- Office of the City Clerk September 19, 1990 File #2-207 ~4r. ~t~. Robert Herbert City ~4anager Roanoke, Virginia Dear br. Herbert: I am attaching copy of Ordinance No. 30221-91790 authorizing exe- cution of an option for the sale of approximately 28.26 acres of land within the Roanoke Centre for Industry and Technology to Elizabeth Arden Company, and authorizing execution of the requi, te deed conveying such property which is identified as Official Tax No. 7210101, for the sum of $706,500.00, such options to be for the consideration of $25,000.00, upon certain terms and conditions. Ordinance No. 30221-91790 was adopted by the Council of the City of Roanoke on first readinq on Monday, August 27, i99~, also adopted by the Council on second reading on :~onday, September 17, 1990, and will tai~e effect ten days following the date of its second reading. Sincerely, ~4ary F. Parker, City Clerk CMC/AAE MFP:ra Enc. pc: ~r. Joel M. Schlanqer, Director of Finance Mr. ~illiam F. Clark, Director of Public ~orks ~r. Brian J. ~ishneff, Chief of Economic Development ~r. Kit B. Kiser, Director of Utilities and Operations Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th Day of September, 1990. No. 30221-91790. AN ORDINANCE authorizing the execution of an option for the sale of approximately 28.26 acres of land within the Roanoke Centre for Industry and Technology to Elizabeth Arden Company, and authorizing the execution of the requisite deed conveying such property. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized, for and on behalf of the City, to execute and to seal and attest, respectively, an option with Elizabeth Arden Company, providing for the sale of an approximately 28.26-acre tract in the Centre for Industry and Technology, identified as Official Tax No. 7210101, for the sum of $706,500.00, such option to be for the consideration of $25,000.00, to contain those terms and condi- tions as are approved and required by the City Manager, and to be approved as to form by the City Attorney. 2. The Mayor and the City Clerk are authorized and empowered to execute on behalf of the City and to seal and attest, respectively, the City's deed of conveyance of the above described property, as well as any other documents necessary to consumate the conveyance, should the option be exercised, such deed and documents, if any, to be approved as to form by the City Attorney. ATTEST: City Clerk. Honorable Mayor and Members of Council Roanoke, Virginia Dear Council Members: August 27, 1990 II. Subject: Option agreement at the Roanoke Centre for Industry and Technology (RCIT) for Elizabeth Arden Company Background: A. Elizabeth Arden Company, after an extensive search, chose a 28.257 acre site, identified as Parcel 4 (Tax Map Number 7210101) in the Roanoke Centre for Industry and Technology (RCIT) for the location of a new office/distribution facility. B. Ordinance Number 29938-22690 was adopted by the Council of the City of Roanoke on February 26, 1990 authorizing the execution of an Option for the sale of Parcel 4 (Tax Map Number 7210101) in the RCIT to Elizabeth Arden Company and authorizing the execution of the requisite deed conveying such property. C. Terms provided for the option to expire one hundred and eighty (180) calendar days after execution. The Option was executed on March 9, 1990 by W. Robert Herbert, City Manager. D. Consideration of $25,000 for the option was paid to the City to be applied to the purchase price at closing. If Elizabeth Arden Company does not exercise the option by the expiration date (September 16, 1990) the monies are retained by the City. Current Situation: Unilever offices in London, the parent company of Elizabeth Arden Company, has requested additional project support information which will take Elizabeth Arden Company several months to compile. B. Extension of current Option for one hundred and twenty (120) days has been requested by Elizabeth Arden Company to comply with Unilever's request for additional information. C. Expiration date of September 16, 1990 will have passed by the time City Council has heard this request at two regularly scheduled meetings and the City Manager has waited the mandatory ten days to execute an extension of the option. Council Members August 27, 1990 Page 2 III. Issues: A. Timing. B. Economic Development. IV. Alternatives: ao Authorize the City Manager to execute a new Option agreement with Elizabeth Arden Company for a period of one hundred and twenty days (120) past the execution date and apply the $25,000 original option money to the new Option. Timing is important in that Elizabeth Arden Company does not wish to lose its option on Parcel 4 in the RCIT. Economic Development in the City would be enhanced by assuring Elizabeth Arden Company that Parcel 4 in the RCIT is available for the development of their new office/ distribution facility. Do not authorize the City Manager to execute an agreement extending the Option with Elizabeth Arden Company. 1. Timing is not an issue. 2. Economic Development opportunity would be missed. Recommendation: Recommend Alternative A to authorize the City Manager to execute a new Option with Elizabeth Arden Company for a one hundred and twenty (120) day period and apply the $25,000 original Option money to the new Option. WRH/EDC:kds cc: Respectfully submitted, W. Robert Herbert City Manager Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Chief of Economic Development Office of the City Clerk September 19, 1990 File #132 The ,~lonorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bo~les and Gentlemen: I am attaching copy of Resolution No. 30237°91790 cancelling the regularly scheduled meeting of City Council on ~onaay, December 3, 1990, inasmuch as the majority of the members of City Council will be in attendance at the Annual Congress of Cities Conference to be held December I 5, 1990. Resolution No. 30237-91790 was adopted by the Council of the City of Roanoke at a regular meeting bela on ~onday, September 17, 1990. Sincerely, ~.j~,~ Mary F. Parker, CMC/AAE City Clerk ~FP:ra pc: The Honorable Donald S. Coldwell, Commonwealth's Attorney The Honorable Patsy Testerman, Clerk of the Circuit Court The Honorable Jerome S. ~o~'ard, Jr., Commissioner of Revenue 7he Honorable Gordon E. Peters, City Treasurer The Honorable W. Alvin Hudson, City Sheriff ~r. ~. Robert Herbert, City Manager ~r. Earl B. Reynolds, Jr., Assistant City ~anager ~r. ~ilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Von ~. Moody, III, Director of Real Estate Valuation Mr. Robert H. Bird, Acting Municipal Auditor ~r. ~illiam F. Clark, Director of Public ~orks ~r. Kit B. Kiser, Director of Utilities and Operations Mr. James D. Ritchie, Director of Human Resources Mr. George C. Snead, Jr., Director of Administration and Public Safety Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th Day of September, 1990. No. 30237-91790. A RESOLUTION cancelling the regularly scheduled meeting of City Council on December 3, 1990. WHEREAS, a majority of the members of City Council will be attendance at the Annual Congress of Cities Conference to be in held December 1 through 5, 1990; THEREFORE, BE IT RESOLVED by the Council of the City of Roa- noke as follows: 1. The regular meeting of City Council scheduled for Monday, December 3, 1990, is hereby cancelled. 2. The City Clerk shall take appropriate action to advise the public of the cancellation of such meeting. ATTEST: City Clerk. Office of the City Clerk September 19, 1990 File #228 The Honorable Chairman, Credentials Committee National League of Cities 1301 Pennsylvania Avenue, N. ~. ~asi~ington, O. C. 20004 Dear [~adam or Sir: I am enclosing copy of Resolution No. 30238-91790 designatirlg the Honorable Noel C. Taylor, ~ayor, and the Honorable Howard E. Musser, Vice-~ayor, as Voting Delegate and Alterr~ate Voting Delegate, respectively, for the Annual Business Meeting of ti~e Congress of Cities to be held on December I 5, 1990. Resolution No. 3~238-91790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, SeptemDer ~7, 1990. Sincerely, ~~ ~ary F. Part, er, CMC/A~E City Clerk ~FP:ra Enc. pc: ~r. R. ~ichael Amyx, Executive Director, Virginia ~unicipal League, P. G. Box 12203, Richmond, Virginia 23241 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th Day of September, 1990. No. 30238 -91790. VIRGINIA, A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the Congress of Cities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Congress of Cities Conference to be held on December 1 through 5, 1990, and any Business Meetings in connection with such Conference, the Honorable Noel C. Taylor, Mayor, and the Honorable Howard E. Musser, Vice-Mayor, are hereby designated Voting Delegate and Alternate Voting Delegate, respectively. 2. Mary F. Parker, City Clerk, is directed to take any action required by the Congress of Cities with respect to certification of the City's official Voting Delegate and Alternate Voting Delegate. ATTEST: City Clerk. · 990 CONGRB8B OF CTTZEB Chairman, Credentials Committee National League of Cities 1301 Pennsylvania Avenue, N.W. Washington, D.C. 2000~ -- HOUBTON, TEY~ The official voting delegate and alternates of the City of are as follows: Roanoke, V ~' irE.mia VOTING DELEGAT~ Dr. N,~el C. Taylor Mayor N~ TITLE Room 452, Municipal Building, 215 Church Avenue, S. W. STREET ADDRESS Roanoke Virginia 24011 CITY STA/~ ZIP CODE ~' Foa OFFiC~ USE 0~¥ 0 sit-Cra. RecOrd ID ~ ALT~P. NATE VOTING Mr. Howard E. ~usser NAME Vica-biayor TITL~ Room 456, Muz~icipal Bui 'lng 215 Church Avenue, S. W. STREET ADDRESS Roanoke, Virginia 2401I CITY, STAT~, ZIP CODE DELEGATES 3e TITI~ ST~i' ADDRESS (DO NOT USE P.O. BOX CITY, STAT~, ZIP COD~ SIG~D: TITLE: Cloy ~le~k DATE: ~eptember Each direct member city is entitled to one voting delegate and two alternate voting delegates. The nmnber of votes vhich can be cast is based on the city's population as determined in the 1980 Census. 1. PLEASE DO NOT FILL IN SHADED AREA. THIS I$ FORNLC O1~I6~ USE ONLy 2. Please type or printyour city na~e in the space provided 3. Please type or print the n~,e, title, city, state and zip code of your voting delegate and alternate(s). * 4. Please sign the WHITE form and return to Chairman, Credentials Committee; send the Y~LLOW copy to your State League Director; and keep PINK copy for your records. CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: September 4, 1990 TO: Mary F. Parker, City Clerk Wilburn C. Dibling, Jr., City Attorney FROM: RE: Congress of Cities Conference As requested by your memorandum of August 22, 1990, I am attaching two resolutions. The first resolution cancels the regularly scheduled Council meeting of December 3, 1990. The second resolution names the City's Voting and Alternate Vot- ing Delegate in connection with the Congress of Cities. I am pleased to have been of service to you with respect to this matter. WCD:ff Attachments CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION DATE: TO: FROM: SUBJECT: August 22, 1990 Wilburn C. Dibling, Jr.. City Attorney Mary F. Parker, City Clerk ~. ~ ~ Preparation of Resolution Please prepar ~e appropriate measure for the September 17, 1990, Council ing, cancelling the regularly scheduled meeting of the Counc n Monday~ December 3, 1990, inasmuch as the majority of ~ oil will be attending the Annual Congress of Cities Conference to be held December~ I - 5, 1990, in Houston, Texas. Also, please prepare the appropriate measure designating Mayor Noel C. Taylor as the Voting Delegate and Vice-Mayor Howard E. Musser as the Alternate Voting Delegate for the Annual Business Meeting of the Congress of Cities. MFP:ra Office of the City Clerk September 19, 1990 File #15-38 Ms. Wary F. Parker City Clerk Roanoke, Virginia Dear Us. Parker: At a regular meeting of the Council of the City of Roanoke held on Monday, September 17, 1990, you were reappointea as City Clerk, for a term of two years, Deginning October i 199~ and ending September 30, 1992. ' ' Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke. Please return one copy of the Oath of Office to the undersigned by Septe~ber 30, ]99~. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:ra Enc. Room 456 Municipal Building 218 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 CG~MON~EALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Sandra H. Eakin, Deputy City Clerk, and as such Deputy City Clerk of the Council of the City of Roanoke and keeper of the records thereof, aD hereby certify that at a regular meeting of Council held on the seventeenth day of September, 1990, ~4ARY F. PARKER Nas for a term of September 30, 1992. Given under my hand and nineteenth day of September, reappointed as City Clerk of the City of Roanoke, two years commencing October 1, 1990, and ending the Seal of the City of Roanoke this 1990. Deputy City Clerk Office of the City Clerk September 19, ~990 File ~15-1 ~r. Joel ,~. Schlanger Director of Finance Roanoke, Virginia Dear ~r. Schlanger: ~t a regular meeting of the Council of the City of Roanoke lleld on ~onday, September 17, 1990, you were reappointed as Director of Finance of toe City of Roanoke, for a term of two years com- mencing OctoOer 1, 1990, and ending September 30, 1992. Er~closed you bill find a Certificate of your reaDPointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke. Please return one copy of the Oath of Office to the undersigned prior to September 30, 1990. Sincerely, ,~ary F. Parker, City Clerk C.~4C/AA E ~FP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 1703) 981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of tae Council of the City of Roanoke ann keeper of the records thereof, aa hereby certify taat at a regular meeting of Council ~eld on the seventeenth day of September, 1990, JOEL M. SCHLANGER, was reappointea as Director of Finance of the City of Roanoke, for a term of two years commencing October 1, 1990, and ending September 30, 1992. Given under my hand and nineteenth day of September, the Seal of the City of Roanoke i990. tais City Clerk Office of the City Clerk September 19, i990 File #15-63 ~r. ~ilburn C. Oibling, City Attorney Roanoke, Virqinia Jr. Dear ~r. DiOling: At a regular meeting of the Council of the City of Roanoke hela on ~onaay, September i7, 1990, you were reappointed as City Attorr~ey of the City of Roanoke, for a term of two years, com- ment ng October 1, 1990, and ending September 30, 1992. Encl ,sed you will find a Certificate of your reappointment and a~ Oath or Affirmation of Office which may be administered by t~e Clerk of the Circuit Court of the City of Roanoke. ~ Please return one copy of the Oath of Cffice to the undersignea prior to September 30, 1990. Sincerely, ~egt/~,~--_ ~ary F. Parker, C%IC/AAE City Clerk MFP: r a En c. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 COmmONWEALTH OF VIRGINIA ) ) To-~it: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the seYenteent~ day of September, 1990, ~ILBURN C. DIBLING, JR., was reappointed as City Attorney for the City of Roanoke, for a term of two years commencing October 1, 1990, and ending September 30, 1992. Give~ under my hand and the Seal of the City of Roanoke this nineteenth day of September, 1990. City Cleric Office of the City Clerk September 19, 199U File #23-67 Mr. ~. Robert Herbert City ~anager ~oanoke, Virqinia Dear .Wr. Herbert: At the regular meetinq of the Council of the City of Roanoke held on Monday, September 17, 1990, Ms. Debbie A. golfe presented petitions in support of placing a large yellow ribbon on the Hill Mountain Star in recognition of the military personnel in the Persian Gulf. Cn motion, duly seconded and unanimously adopted, the matter referred to you for review and report to Council. Sincerely, _~~ Mary F. ParKer, C,~C/AAE City Clerk MFP:ra pc: ~s. Debbie 24151 A. ~olfe, Route 4, Box 1514, Rocky Mount, Virginia Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk September 19, 1990 File ~192 ,~4r. ~,. Robert Herbert City ~4anager Roanoke, ~irginia ~Jear ~4r. Herbert: I am attaci~ing copy of ~esolution No. 30240-91790 autaorizing emergency Drocurement of certain cleaning services for damages from the fire at the Roanoke Civic Center Auditorium. Resolution No. 30240-91790 was adopted Dy the Council of t~e City of Roanoke at a regular meeting held on ~onday, September 17, 1990. Sincerely, ~~ ~ary F. Parker, C~C/AAE City Clerk ~FP:ra Enc. pC: ~r. Ran Roney, Vice-President, ~4. F. Bank Restoration Company, 6659 Peachtree Industrial ~ouleYara, Georgia 30092 ,~orcross, ,~r. Joel ~4. $chlanger, Director of Finance V,r. George C. Snead, Jr. , Oirector of Administration and Public Safety ~r. Bob E. Cl~apman, Manager, Civic Facilities ,~4s. Lauren G. Eib, Risk ~4anagement Officer Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE The 17th Day of September, 1990. No. 30240-91790. A RESOLUTION authorizing the emergency procurement of certain cleaning services for damages from the fire at the Roanoke Civic Center Auditorium. WHEREAS, Section 41 of the Roanoke City Charter authorizes the City Manager to make emergency purchases without the necessity for advertising and receiving bids; and WHEREAS, by report of September 17, 1990, the City Manager has advised of the need for the emergency procurement of clean-up services for damages resulting from a fire which occurred on September 2, 1990, at the Roanoke Civic Center Auditorium. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, in forms approved by the City Attorney, an appropriate contract on an emergency basis for clean-up and decontamination services with MF Bank Restoration Company, in an amount not to exceed $485,000.00 with the City to be reimbursed for such cost by the City's insurance carrier as more particularly set forth in the City Manager's report to this Council dated September 17, 1990. ATTEST: City Clerk. Office of the City Clerk September 19, 1990 File #6u-192 .Ur. Joel .~. Scnlanger Director of Finance Roanoke, Virginia Dear Yr. Schlanqer: I am attaching copy of ©rainance No. $~239-91790 amending and reordaining certain sections of the ]99~-91 Civic Cen~er F,z~d Appropriations, providing for the appropriation of $485,000.~0 from estimated inSUrance proceeds and Civic Center ~etaiaed £arnings, to Civic Center Auditorium Fire Damage, in connection t~ith procurement of clean-up and decontamination services for aamages from the fire at the Roanoke Civic Center Auditorium by ,~. F. ~ank Restoration Company. Ordinance No. 30239-917~ was aaopted by the Council of the City of Roanoke at a regular ~eeting held on ~onday, September 17, 1990. * Sincerely, ~ary F. Parker, C~C/AAE City Clerk ~4FP : r a pc: Mr. ~. Robert Herbert, City ~anager ~r. George C. Snead, Jr., Director of Administration PuDlic Safety ~r. Bob E. Chapman, ,~anager, Civic Facilities ~s. Lauren G. Eib, Risk Management Gfficer and Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of September, 1998. No. 30239-91790. AN ORDINANCE to amend and reordain certain sections of the 1990-91 Civic Center 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 1990-91 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay from Revenue Civic Center Auditorium Fire Damage (1-2) .......... Revenue Accounts Receivable-Industrial Risk Insurers (3) ..... Retained Earning~ Retained Earnings Unrestricted (4) ................... 1) Appropriation from General Revenue 2) Appropriation from Third Party 3) Accounts Rec. Industrial Risk Insurance 4) Retained Earnings Unrestricted 005-050-8630-9003) $ 5,000 005-050-8630-9004) 480,000 005-1112) 480,000 005-3336) ( 5,000) $ 799,141 485,000 $ 480,000 $1,524,406 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Office of the City Manager September 17, 1990 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Civic Center Auditorium Fire Dear Mrs. Bowles and Gentlemen: As you are aware, a fire occurred at the Roanoke Civic Center Auditorium on Sunday, September 2, 1990, at approximately 5:30 a.m. in the rear southwest corner of the Auditorium lobby, mez- zanine and adjoining stairwell. There was extensive smoke damage throughout this building. The City has insurance coverage on the facility in the amount of $32 Million with a $5,000 deductible. The City immediately contacted our insurance carrier who, through Industrial Risk Insurers, confirmed that this is a covered peril under the policy and retained a fire damage expert to assist in the assessment of damages and necessary clean up and decontamination. The City simultaneously retained Hayes, Seay, Mattern & Mattern as its own consultant to analyze the damages and protect the City's interests in restoring the building to its pre-fire condition. Complete review and assessment of the damage was prevented by on- site asbestos removal which was in progress at the time of the fire. The City's carrier is responsible for 100% of the clean up and restoration cost, less the $5,000 deductible. We have been advised by both Hayes, Seay, Mattern & Mattern, as well as our insurance carrier's consultant that the smoke damage includes chemical contaminants which must be removed as soon as possible to avoid further building and equipment damage. The required cleaning involves a high degree of expertise uti- lizing complex procedures and equipment. A company acceptable to our carrier, M. F. Bank Restoration Company, has completed a scope of services for this work at a cost not to exceed $485,000.00 which has been approved by the City's consultant, as well as the insurance carrier. Roor'n 364 Municipal Building 215 Church Avenue, S.W. Roanoke, V~rginia 24011 (703) 981-2333 The Honorable Mayor and Members of City Council September 17, 1990 Page 2 Therefore, in order to protect the City's interest and pre- vent further building and equipment damage, and insure a timely reopening of the facility, I am requesting that Council authorize a contract with M. F. Bank Restoration Company on an emergency basis, for the cleaning and decontamination of the Auditorium facility with the City's insurer to be responsible for the clean up costs less the $5,000 deductible. The attached report sets forth the basis for this emergency procurement in greater detail. I would be pleased to respond to any comments or questions that you may have. Very truly yours, W. Robert Herbert City Manager WRH/MAW:sm cc: Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance George C. Snead, Jr., Director of Administration and Public Safety Roanoke, Virginia September 17, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Emergency Clean-up Civic Center Auditorium Fire I. Back~round: September 2~ 1990 a fire occurred at the Roanoke Civic Center Auditorium. Fire was physically located in the rear southwest corner of the auditorium lobby, mezzanine and adjoining stairwell. Smoke filled the auditorium, backstage area and other parts of the facility. Cause of fire is believed to be the responsibility of the asbestos abatement contractor working in the auditorium. Insurance carriers for both the City and the asbestos abatement contractor have been placed on notice of the fire and damages. City's fire insurance (Industrial Risk Insurers) coverage on this facility is in the amount of $32 million with a deductible of $5;000 for property damage and business interruption. Fo Section 41 of City Charter provides that in an emergency requiring immediate action, City Manager is authorized to contract for necessary labor and material without advertising or receiving bids therefor. II. Current Situation: Re-openin~ date for the auditorium is uncertaJn. Ail scheduled events in the facility have been relocated through October 6, 1990. B. Damage assessment is being completed. Co Hayes, Seay, Mattern & Mattern has been hired to perform an independent third party analysis of the damages and necessary restoration. Page 2 Dono~hue Lamothe Associates~ Inc. of Meriden, Conn., a fire contamination expert for City's insurer (Industrial Risk Insurers) has been at the fire scene analyzing fire and smoke damage and contamination of the building because of the various substances burned during the fire. Dono~hue Lamothe Associates' analysis of the smoke contamination of the auditorium indicates layers of soot, smoke deposits and poly chlorides through the auditorium, backstage area and lobby and mezzanine. Chloride residues in the soot were produced by the burn of carpet materials, plastic materials used to create the air tight work areas for the asbestos abatement contractor, and other man made materials consumed in the fire. Chloride residues readily combine with moisture in the air to produce hydrochloric acid which in turn reacts corrosively on metal surfaces. Dono~hue Lamothe Associates' inspection of metal surfaces in the auditorium indicate chloride residues are already reacting with exposed metal surfaces in the building. DonoKhue Lamothe Associates and City's ina-pendent consultanl recommended immediate cleaning efforts by experienced qualified decontamination and restoration firms to limit further damage. M. F. Bank (TRC~ of Atlanta~ GA have made a proposal to clean and decontaminate the auditorium using their high tech decontamination methods. Our insurance carrier (Industrial Risk Insurers~ and their contamination expert (Donoghue Lamothe Associates) have working experience with M. F. Bank (TRC) and recommend them as qualified to perform the work. Hayes, Seay, Mattern & Mattern have reviewed Donoghue Lamothe Associates' recommendation to expedient decontamination of the building and M. F. Bank (TRC) proposals to perform the work and supports the decision to immediately proceed. Additional restoration work will be required following clean up. City Manager has negotiated a proposed contract for appropriate clean up work with M. F. Bank in amount not to exceed $485,000 with concurrence of City's insurance carrier. City to be reimbursed for clean up expenses, subject to deductible. Additional expenditures will be required at a later time for renovation work necessitated by fire dammge. Page 3 III. Recomendation: Cit Council ado t attached resolution authorizing emergency procurement of clean up services as set forth above. Appropriate ~485;000 ($480;000 from estimated insuranc, proceeds and $5~000 from Civic Center Retained Earnings) to an account to be established by the Director of Finance and establish a receivable account of $480,000 for the amount of reimbursement due from the City's insurance company. Respectfully submitted, City Manager .WRH:GCS:afm Attachment CC: City Attorney Director of Finance Director of Administration & Public Safety Office oi the City Clerk September 19, ~990 File #258 ~r. ~. Robert ~erbert City ~anager Roanoke, Virginia Dear Hr. Heroert: I am attaching copy of Resolution No. 30241-9i79~ determining that competitive sealed bidding is not practicable or fiscally advantageous to the public for procurement of food and beveraqe services for t~e Hotel ~oano~e Conference Center Project, and authorizing procurement of such services by use of the com- petitive negotiation process. Resolution ~o. 3~2~1-9179~ was adopted by the Council of tl~e City of Roa~,o~e at a regular meeli~g held on ~onday, September 17, i990. S i~ce re ly, /~ Nary F. Parker, C~C/AAE City Clerk ~FP : ra pc: Hr. ~oae A. Jonnson, Assistant ~o tne Vice-President for ~usiness Affairs, Virginia Tech, 22~ Burrus ~all, ~lacksburg. Virginia 24061 Hr. Joel ~. $chlanger, Directnr of Finance 2r. Brian 3. Wisaneff, Chief of Economic Development Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th Day of September, 1990. No. 30241-91790. VIRGINIA, A RESOLUTION determining that competitive sealed bidding is not practicable or fiscally advantageous to the public for pro- curement of food and beverage services for the Hotel Roanoke Conference Center Project, and authorizing procurement of such services by use of the competitive negotiation process. WHEREAS, pursuant to Resolution No. 30229-82790, dated August 27, 1990, the City of Roanoke entered into an agreement with Virginia Tech Real Estate Foundation, Inc. and Virginia Polytechnic Institute ~ State University for the development of a conference center adjacent to the redeveloped Hotel Roanoke; and WHEREAS, this Council recognizes the economic benefit to the City of the reopening of the Hotel and the development of the conference center; and WHEREAS, in order to make the Hotel Roanoke Conference Center Project economically viable, this Council has been advised by the City's consultant that competitive sealed bidding for procurement of food and beverage services is not practicable or fiscally advantageous to the public. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that competitive sealed bidding is not practicable nor 'fiscally advantageous to the public in the procurement of food and beverage services for the development of the Hotel Roanoke Conference Center as more particularly set forth in the City Manager's letter to this Council dated September 17, 1990. BE IT FURTHER RESOLVED that this Council hereby authorizes the procurement of such food and beverage services by use of the competitive negotiation process. ATTEST: City Clerk. Office of the Cih/Manager September 17, 1990 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Procurement of Food and Beverage Hotel Roanoke Conference Center Services for the Dear Mrs. Bowles and Gentlemen: As you are aware, on August 30, 1990, the City entered into an agreement with Virginia Tech Real Estate Foundation, Inc. (VTREF) and Virginia Polytechnic Institute ~ State University (VPI&SU) evidencing our joint commitment to build a 50,000 - 75,000 square foot conference center adjacent to the Hotel Roanoke. This agreement recognized the importance to the City of Roanoke that the Hotel Roanoke be reopened and the conference center become a reality. The next step in this vital project is to secure an entity that will not only be the developer for the Hotel Roanoke but also be the developer for the conference center and the provider of architectural and engineering services, construction manage- ment services, and food and beverage services for the conference center. Under normal circumstances, the City Code and the Virginia Public Procurement Act would require that food and beverage services be procured by sealed competitive bidding. Pursuant to the Code of the City of Roanoke and the Virginia Public Procurement Act, it is clear that the development, archi- tectural, engineering and construction management services may be obtained through the process of competitive negotiation. Consultants for both VTREF and the City have advised that in order to attract a developer to undertake such an extensive pro- ject, and to make such project economically feasible, the hotel developer needs to be offered certain incentives. The City's consultant, Economics Research Associates, also has advised that competitive sealed bidding for the food and beverage service is not practicable or fiscally advantageous. Room 364 Muniopal Building 215 Church Avenue, S W Roanoke, Vir§inia 24011 (703)981 2333 The Honorable Mayor and Members of City Council September 17, 1990 Page 2 Due to the unique nature of this particular project, §11-41.C.1. of the Code of Virginia (1950), as amended, is cable. This section provides as follows: appli- Upon a determination made in advance by the public body and set forth in writing that competitive sealed bidding is either not practicable or not fiscally advantageous to the public~ goods, services, or insurance may be procured by competitive negotiation. The writing shall document the basis for this determination. Pursuant to the ab6ve section, Council has the authority to make a determination that in order to insure the success of the overall project, food and beverage services may be obtained through competitive negotiation. This Council previously has determined that the opening of the hotel and conference center adjacent thereto are essential to the development of downtown Roanoke. Because of the need to pre- sent an economically feasible project to hotel developers, I request that you make a determination that procurement of food and beverage service for the Hotel Roanoke conference center by competitive sealed bidding is not practicable nor is it fiscally advantageous to the public. I have taken the liberty of having a resolution to this effect prepared and I request that you con- sider this resolution today. Very truly yours, W. Robert Herbert City Manager WRH/KMK:sm Attachment cc: Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Brian J. Wishneff, Chief, Economic Development and Grants Mary F. Parker, City Clerk Office of the City Clerk September 19, i99G File #280 Mr. ~illiam L. Brogan Municipal Auditor RoanoKe, Virginia ~ear ~r. Brogan: I am attaching copy of Resolution ~o. 30243-91790 acknowledging your retirement, and appointing Rooert H. Bird as Acting ~unicipal Auditor, effective from the date of your retirement and until a new ~unicipal Auaitor shall be duly elected and qualifieu. Resolution No. $0243-91790 was adopted by the Council of the City of Roanoke at a regular meetin6 held on Monday, September 17, 1990. Sincerely, ~'~._~ Mary F. Pa rlcer, CMC/AAE City Clerk :¥JFP : r a Eno. pc: ~r. Robert H. Bird, Acting Municipal Auditor ~r. Joel ~. Schlanger, Director of Finance ~r. George C. Snead, Jr., Director of Aaministration Public Safety ~r. Kenneth S. Cronin, Manager, Personnel ~anagement and Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 {703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE The 17th Day of September, 1990. No. 30243-91790. A RESOLUTION acknowledging the retirement of William L. Brogan, Municipal Auditor, and appointing Robert R. Bird Acting Municipal Auditor effective from the date of Mr. Brogan's retirement until a new Municipal Auditor shall be duly elected and qualified. WHEREAS, William L. Brogan, Municipal Auditor, has made application for retirement effective September 30, 1990; and WHEREAS, this Council desires to acknowledge the retirement of Mr. Brogan with regret and to appoint an Acting Municipal Auditor from the effective date of Mr. Brogan's retirement until such time as a new Municipal Auditor shall be elected and qualified. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The retirement of William L. Brogan, Municipal Auditor, is hereby acknowledged with regret effective September 30, 1990. 2. Robert H. Bird is hereby appointed Acting Municipal Auditor for the City of Roanoke effective October 1, 1990, until such time as the new Municipal Auditor shall be duly elected and qualified for office. ATTEST: City Clerk.