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Home My WebLink AboutCouncil Actions 06-15-87 28676 · · ~ (Bowles REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL June 15, 1987 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call· Mayor Taylor was absent. The invocation will be delivered by The Reverend James P. Beatty, Pastor, St. Paul A.M.E. Church, Blacksburg, Virginia Present. · The Pledge of Allegiance to the Flag of the United States of America will be led by Vice-Mayor ftoward E. Musser. · See bottom of page. BID OPENINGS Bids for alterations and additions to the Knights of Pythias Building for the Fifth District Employment and Training Consortium. Four bids were referred to a committee composed of Messrs. Garland, Chairman, Clark and Ritchie. CONSENT AGENDA IApproved 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM TIlE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-i C-2 C,3 Minutes of the special meeting of Council held on Tuesday, April 28, 1987, the regular meeting held on Monday, May 4, 1987, and the special meeting held on Monday, May II, 1987. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A report of the City Manager with regard to completion of a certification e~amination for Professional Code Administrators by the City's Building Commissioner and Chief Building Inspector. RECOMmeNDED ACTION: Receive and file. Qualification of Sallye T. Coleman and William White, Sr., as Trustees of the Roanoke City School Board for terms of three years each, corr~encing July 1, 1987 and ending June 30, 1990. RECOMMENDED ACTION: Receive and file. Mac McCadden, representing Piedmont Aviation presented momentos to Council of inaugural flight from Charlotte to London on June 15, 1987. C-4 A communication from Vice-Mayor Howard E. an Executive Session Section 2.1-344 (a) RECOMmeNDED ACTION: Musser requesting to discuss a personnel matter, pursuant to (I), Code of Virginia (1950), as amended. Concur in request for Council to convene in Executive Session to discuss a personnel matter, pursuant to Section 2.1-3~4 (a) (1), Code of Virginia (1950), as amended. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: a. (I) A communication from the Industrial Development Authority requesting approval of a plan to assist Progress Press, Inc., in financing the acquisition and installation of a commercial printing press and related equipment in the City, by issuance of its industrial development revenue bond, in an amount estimated at $1,200,000.00. Adopted Resolution No, 28676. (6~0) (2) A report of the City Manager recommending endorsement of the request of Progress Press, Inc., for issuance of industrial development revenue bonds, in an amount estimated at $1,200,000.00. Received and filed. Reports of Officers: a. City Manager: Briefings: None· Items Recommended for Action: I. A report recommending authorization to execute ' two amendments to the Blue Cross Blue Shield hospitaliza- tion and health insurance contract, and appropriation of funds therefor· Adopted Ordinance No. 28677 and Ordinance No. 28678. (6-0) 2. A report recommending appropriation of $525,381.00 of Fifth District Employment and Training Consortium funding for the Title II-B Summer Youth Program. Adopted Ordinance No. 28679. (6,0) 3. A report recommending acceptance of the bid of Rubin Brothers, Inc., of Chicago, Illinois, to provide 730 fire retardant station work shirts for fire suppression personnel, at a cost of $14,417.50. Adopted Ordinance No. 28680. (6-01 4. A report recommending transfer of $17,000.00 to a new capital account for the Shrine Hill Park Tennis Court Renovation Project. Adopted Ordinance No. 28681. 16-0) (2) be 5. A report recommending authorization to execute a plat subdividing 28.1 acres within the Roanoke Centre for Industry and Technology, and an agreement providing for the relocation of a private right-of-way and easement serving the Blue Hills Golf Club. Adopted Ordinance No. 28682 on first reading. (6-0) 6. A report concurring in a report of the bid committee with regard to the purchase of word processing equip- ment. Adopted Ordinance No. 28683 and Ordinance No 28684. (6-0) ' A joint report of the City Manager and Director of Finance with regard to the fourth quarter personnel lapse. Adopted Ordinance No. 28685. (6-0) Director of Finance: I. A report with regard to transfer of appropriations for fringe benefits. Adopted Ordinance No. 28686. (6-0) Reports of Committees: a. A report of the Citizens' Services Committee submitting recommendations for funding of qualified agencies. James D. Ritchie, Chairman. Adopted Ordinance No. 28687. /6-0) Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: a. Ordinance No. 28666, on second reading, rezoning a certain tract of land located on the north side of Shenandoah Avenue, N. W., between Old Stevens Road, N. W., and Westside Boulevard, N. W., designated as Official Tax No. 2732201, from RS-2, Residential Single-Family District, to C-2, General Commercial District, subject to certain proffered conditions· Adopted Ordinance No. 28666. {6-0) b. Ordinance No. 28667, on second reading, rezoning a ceriain tract of land containing ?.4163 acres, more or less, located at the intersection of Franklin Road, S. W., and Roberts Road, S. W., designated as Official Tax No. 1280602, from C-l, Office District, to LM, Light Manufacturing District, subject to certain proffered con- ditions. Adopted Ordinance No. 28667. (6-0) Ordinance No. 28675, on second reading, authorizing the execution of a lease agreement for approximately 3,000 square feet of retail space and an additional storage area within the Market Square Parking Garage. Adopted Ordinance No. 28675. (6-0) A Resolution commemorating the completion of the Blue Ridge Parkway. Adopted Resolution No, 28688. 16-01 A Resolution memorializing the late Paul J. Puckett. Adopted Resolution No. 28689. (6-0) (3) 10. Motions and Miscellaneous Business: Inquiries and/or co~ents by the Mayor and members of City Council. Vacancies on various authorities, boards, corr~nissions and committees appointed by Council. Other Hearings of Citizens: Council authorized the Vice-Mayor to appoint a Bid Committee to open bids on Market Square etarl space for 0rvis on July 6, 1987, r ~ at 2:00 p.m., in the Office of the Manager of General Services. The Vice-Mayor appointed Messrs. Garland, Chairman, Herbert, Kiser and Clark as members of the committee. (4) MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE ,~.t, l~o~(~,el Virginia 3une 15, 1987 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Professional Certification Within the Building Department I. The Virginia Statewide Uniform Building Code requires that the Building Commissioner be certified as competent in building cunstruction. II. One of the requirements of this certification is successful completion of a certification examination for Professional Code Administrators developed by the National Academy of Code Administration. III. This certification examination covers management, legal issues, and technical details of building construction and code administration. IV. Only about 17% of those taking the Professional Code Administrator examina- tion pass it on the first attempt. V. Ron Miller~ the City's Building Commissioner/Zoning Admnistrator) and Ron Smith) Chief Building Inspector, took the CPCA Examination last spring and passed. VI. The successful passing of this test by these two men is testament to their knowledge and ability in Building Code administration. The City should be proud to have staff of their caliber serving it. Respect f ully//~bmit t ed, W. Robert Herbert City Manager Office of the City Oe~k June 17, 1987 File #15-467 Mr. Edwin R. Feinour, Chairman Roanoke City School Board 3711Peakwood Drive, S. W. Roanoke, Virginia 24014 Dear Mr. Feinour: This is to advise you that Sallye T. Coleman and William White, Sr., have qualified as Trustees of the Roanoke City School Board for terms of three years each, commencing July 1, 1987, and ending June 30, 1990. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Room 456 Munlci~ol Bulk:ling 215 Church Avenue, S.W. I~c~,~e, Virginia 240t ~1 (703) 981-2541 0-2 Oath or Affirmation of Office Sta~ of Virginia, Oity of Roanoke, to.wit: ~= r~r~ '' do solemnly swear (or~.~affi at I will support the Constitution of the United States, and the Constitution of the State of Virgi~, an~fliat I will faithfully and impartially discharge and perform all the duties incumbent upon me as ;'~ a Trustee of th~ Roanoke City School Beard for- ~ term of three ye~.rs comencing July 1, 1987, and endincj June 30, 1990. according to the best of my ability. So help me God. Subscribed and sworn to before me, this ..... day of_ ~)/.,.~,~.,,.-~2- { //<,<,<,<,<,<,<,<,<,~ Office c~ ~e City C]er~ May 6, 1987 File #15-467 Mrs. Sallye T. Coleman 4700 Grandin Road, S. W. Roanoke, Virginia 24018 Dear Mrs. Coleman: At a regular meeting of the Council of the City of Roanoke held on Monday, May 4, 1987, you were reelected as a Trustee of the Roanoke City School Board for a term of three years corr~encing July 1, 1987, and ending June 30, 1990. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Enco cc: Mr. Edwin R. Feinour, Chairman, Roanoke City School Board, 3711Peakwood Drive, S. W., Roanoke, Virginia 24014 Dr. Frank P. Tota, Superintendent of Schools, Po O. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. Oo Box 13105, Roanoke, Virginia 24031 Mr. Joel M. Schlanger, Director of Finance 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 98t-2541 COMMONWEALTH OF VIRGINIA ) ) To-wi t: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 4th day of May, 1987, SALLYE T. COLEMAN was reelected as a Trustee of the Roanoke City School Board for a term of three years, cor, mencing July 1, 1987, and ending June 30, 1990. Given under my hand and the seal of the City of Roanoke this 6th day of May, 1987. City Clerk 0-2 Oath or Affirmation of Office ~tale o] Virginia, Citst o] Roanoke, to .wi~: I, ;, 1 ~ ~ '!~ -id~ ~.:~ Sr. , do solemnly swear (or ~rm)~. hat I will support the Constitution of the United States, and the Constitution of the State of Virgiri~, I will faithfully and impartially discharge and perform all the duties incumbent upon me as ,~ a Trustee of the ~oanoke City School Board for a ter~? of three years co~etlc~n§~ July 1, 1987, and endino June 30 1: .... '. according to the best of my ability. So help me God. Subscribed and sworn to before me, this f~ _ day of ~ Office of the City Cler~ May 6, 1987 File #15-467 Mr. William White, Sr. 3698 Partridge Lane, N. W. Roanoke, Virginia 24017 Dear Mr. White: At a regular meeting of the Council of the City of Roanoke held on Monday, May 4, 1987, you were reelected as a Trustee of the Roanoke City School Board for a term of three years corrgnencing July 1, 1987, and ending June 30, 1990. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP : ra cc: Mr. Edwin R. Feinour, Chairman, Roanoke City School Board, 3711Peakwood Drive, S. W., Roanoke, Virginia 24014 Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Mr. Joel M. Schtanger, Director of Finance Room456 MuniclpalBuilding 215 0~urch Avenue, S.W. Roano~e, Vlrglnla24011 (703)98'1-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 4th day of May, 1987, WILLIAM WHITE, SR. was reelected as a Trustee of the Roanoke City School Board for a term of three years, commencing July 1, 1987, and ending June 30, 1990. Given under my hand and the seal of the City of Roanoke this 6th day of May, 1987. City Clerk Office of the Council June ll, ~987 Honorable Members City Council Roanoke, Virginia of Roanoke Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session on to discuss a personnel matter, pursuant (1), Code of Virginia (~950), as amended. Monday, June ~5, ~987, to Section 2.~-344 (a) HEM:se Sincerely, Vice-Mayor Room 456 Municipal Building 215 O'~urch Avenue, S.W. I~x)no~e, Vtrginto 24011 (703) 981-25,41 Office o~ the City Cie~ June 17, 1987 File #207 Mr. Robert E. Glenn Attorney P. 0. Box 2887 Roanoke, Virginia 24001 Dear Mr. GZenn: I am enclosing copy of Resolution No. 2~676, approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia for the ben~ 'it of Progress Press, Incorporated, to the e~tent required ~y Section ~47(f) of the InternaZ Revenue Code of ~956, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1987. Sincerely, . Mary F. Parker, CMC City Clerk MFP: ra Ene o Mr. Jack C. Smith, Chairman, Industrial Development Authority, 14 West Kirk Avenue, Roanoke, Virginia 24011 Mr. W. Robert Iferbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Hr. Brian J. Wishneff, Chief of Economic Development Grants and Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, ~rglnla 24011 (703) 981-254.t IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA The 15th day of June, 1987 No. 28676 A RESOLUTION approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia for the benefit of Progress Press, Incorporated to the extent required by Section 147(f) of the Internal Revenue Code of 1986. WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the Authority), has considered the application of Progress Press, Incorporated (the Company) whose principal office is at 2922 Nicholas Avenue, N.E. requesting the issuance of the Authority's industrial development revenue bond in an amount not to exceed $1,200,000.00 (the Bond) to assist in the financing of the Company's acquisition and installation of a commercial printing press and related equipment (the Project) at the Company's present location at 2922 Nicholas Avenue, N.E. in the City of Roanoke, Virginia, and has held a public hearing thereon on June 2, 1987. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986 provides that the governmental unit having jurisdiction over the issuer of industrial development bonds and over the area in which any facility financed with the proceeds of industrial development bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the City), the Project is to be located in the City and the Council of the City of Roanoke, Virginia (the Council) constitutes the highest elected governmental officials of the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Bond; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to the terms to be agreed upon, and a certificate of the public hearing has been filed with the Council. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the issuance of the Bond by the Authority for the benefit of the Company, as required by Section 147(f) to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bond, as required by Section 147(f) does not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of the Project or the Company, and, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefore and neither 2 the faith or credit nor the taxing power of the Commonwealth, the City nor the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. ATTEST: City Clerk CITY CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: June 5, 1987 TO: Mary F. Parker, City Clerk . ~ FROM: Wilburn C. Dibling, Jr., City Attorney RE: Resolution relating to IDB financing for Progress incorporated, agenda of June 15, 1987 Press, Robert E. Glenn, counsel for the Industrial Development Authority, has prepared the attached resolution for the agenda June 15, 1987. I have initialed the resolution to indicate my approval as to form, and you may place it on the agenda of Council. WCDj:ps Attachment of cc: Robert E. Glenn, Esquire June 3, The Honorable Mayor and Members of City Council of the City of Roanoke, Virginia Municipal Building Roanoke, Virginia 24011 1987 Industrial Development Authority of the City of Roanoke, Virginia Proposed Financing for Progress Press, Inc. Dear Mrs. Bowles and Gentlemen: Progress Press, Incorporated (the Company) has requested that the Industrial Development Authority of the City of Roanoke, Virginia (the Authority), assist the Company in financing the acquisition and installation of a commercial printing press and related equipment (the Project) in the City of Roanoke, Virginia, by the issuance of its industrial development revenue bond in an amount estimated at $1,200,000.00 (the Bond). As set forth in the resolution of the Authority attached hereto (the Resolution), the Authority has agreed to issue its Bond as requested. The Authority has conducted a public hearing on the proposed financing of the Project and has recommended that you approve the issuance of the Bond as required by Section 147(f) of the Internal Revenue Code of 1986, as amended. Attached hereto is (1) a certificate evidencing the conduct of the public hearing and the action taken by the Authority, (2) a fiscal impact statement required by 915.1-1378.2 of the Code of Virginia, 1950, as amended, and (3) the form of resolution suggested by counsel to evidence your approval. ~ ~/~ ~~ Sec~: a n~fAutth~orI~t~s~ Deve ~~ the ke, Virginia / Enclosures CERTIFICATE The undersigned Secretary of the Industrial Development Authority of the City of Roanoke, Virginia (the Authority) hereby certifies as follows: 1. A meeting of the Authority was duly called and held on June 2, 1987 at 4:00 o'clock p.m. at the offices of the Roanoke Valley Chamber of Commerce, 14 West Kirk Avenue, S.W., in the City of Roanoke, Virginia, pursuant to published notice and notice given to each Director of the Authority prior to such meeting in accordance with the Authority's bylaws. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. At such meeting each Director of the Authority was present or absent throughout as follows: DIRECTOR John J. Butler Jack C. Smith W. Bolling Izard Samuel H. McGhee, III Stanley R. Hale Russell O. Hannabass ATTENDANCE Absent Present Present Present Present Present The Chairman announced the commencement of a public hearing on the application of Progress Press, Incorporated (the Company) and that the Secretary of the Authority had caused the publication of a notice hearing once a week for two publication having been not at least 14 days prior to the successive weeks, the latter less than 6 nor more than 21 days prior to the date of the public hearing in a newspaper having general circulation in the City of Roanoke, Virginia (the Notice). A copy of the Notice as certified by the publisher has been filed with the minutes of the Authority and is attached hereto as Exhibit A. The following individuals appeared and addressed the Authority: None. 2. Attached hereto as Exhibit B is a true, correct and complete copy of a resolution (the Ratification Resolution) adopted at such meeting of the Authority by a majority of the Directors present at such meeting, with the ayes and nays being recorded in the minutes of such meeting as follows: DIRECTOR VOTE Jack C. Smith Aye W. Bolling Izard Aye Samuel H. McGhee, III Aye Stanley R. Hale Aye Russell O. Hannabass Aye The Ratification Resolution ratified and confirmed the Authority's Inducement Resolution which had previously been adopted by the Authority on March 12, 1987 (copy attached as Exhibit C). Such resolutions constitute all formal action taken by the Authority at such meetings relating to matters referred to in the Resolutions. The Resolutions have not been repealed, revoked, rescinded or amended and are in full force and effect on the date hereof. WITNESS my hand and the seal of the Authority, 2nd day of June, 1987. /~ '~ ./// (SEAL) this Sec~ ment Roa~ / ~n~af the City of Attachments: A - Certificate of Public Notice B - Ratification Resolution C - Inducement Resolution RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRIGNIA WHEREAS, there have been described to the Industrial Development Authority of the City of Roanoke, Virginia (the Authority), the plans of Progress Press, Incorporated, (the Company), to acquire and install a commercial printing press and related equipment at its existing manufacturing plant at 2922 Nicholas Avenue, N.E. (the Project) in the City of Roanoke, Virginia (the City); and WHEREAS, the Company in its appearance before the Authority and in its application attached hereto as Exhibit A has described the benefits to the City and has requested the Authority to agree to issue its industrial development revenue bonds under the Virginia Industrial Development and Revenue Bond Act (the Act) in such amounts as may be necessary to finance the cost of acquisition and installation of the Project; BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA: 1. It is hereby found and determined that the location of the Project for the Company in the City of Roanoke will bring additional revenues and employment into the City and will promote the industrial development and economy of the City, benefit its inhabitants, increase their commerce and promote their safety, health, welfare, convenience and prosperity. EXHIBIT C is located and that approval be by the applicable elected representative of such governmental unit after a public hearing following reasonable public notice; and WHEREAS, the Authority has in accordance with §15.1-1378.1 of the Code of Virginia 1950, as amended, and with §147(f) of the Internal Revenue Code 1986, as amended, given proper public notice and conducted a public hearing in accordance with said statutes; NOW THEREFORE, the Industrial Development Authority of the City of Roanoke, Virginia, hereby ratifies and confirms the Inducement Resolution and recommends that the City Council of the City of Roanoke approve the issuance of its bonds for the financing of the Project. ROANOKE TIqES & WORLD-NEWS Ab NUMBER - 51818585 PUBLISHER'S FEE- $162.64 HAFWELL M DARBY JP 315 SHENANDOAH BLDG ROANOKE VA 2q. O11 STATE OF VIRGINIA "ITY OF RCANOKE AFFIOAVIT OF P UBL~ICATI ON I, (THE UNDERSIGNED) AN OFFICER OF T [MES-hFJRLD CORPORATION, WHICH COR- PORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER )UBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED '~OTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 05/19/87 MORNING 05/26/87 MORNING ~ITNESS, THIS~,~ 7TH DAY ~OF MAY 1987 EXHIBIT A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY THE CITY OF ROANOKE, VIRGINIA WHEREAS, heretofore on May 12, 1987, the Industrial Development Authority of the City of Roanoke, Virginia (the Authority), at the request and upon the basis of representations made by representatives of Progress Press, Incorporated (the Company), adopted a resolution (the Inducement Resolution) undertaking to assist the Company in the financing of the acquisition and installation of a commercial printing press and related equipment (the Project) at its existing manufacturing plant at 2922 Nicholas Avenue, N.E. in the City of Roanoke, Virginia (the City); and WHEREAS, contemporaneously with the adoption of the Inducement Resolution, the Authority found and determined that the location of the Project would bring additional revenues and employment into City and would promote the industrial and economy of City, benefit its inhabitants and increase their commerce and promote their safety, welfare, convenience and prosperity; and WHEREAS, §147(f) of the Internal Revenue Code of 1986 requires in general that an industrial development revenue bond must be approved by each governmental unit having jurisdiction over the area in which any facility, with respect to which financing is to be provided from the proceeds of an issue of industrial development revenue bonds, EXHIBIT B 2. TO induce the Company to locate the Project in the City, the Authority hereby agrees, subject to required approvals and the compliance of the proposed issue with applicable law, to assist the Company to finance the acquisition and installation of the Project by undertaking the issuance of its industrial development revenue bonds therefor in an amount now estimated at $1,200,000.00 upon terms and conditions to be mutually agreed upon between the Authority and the Company. The Facility shall be sold by the Authority to the Company pursuant to an installment sale agreement which will provide payments to or for the benefit of the Authority sufficient to pay the principal of, premium, if any, and interest on the bonds and to pay all other expenses in connection with the acquisition and installation of the Project. The bonds shall be issued in form and pursuant to terms to be set by the Authority and the payment of the bonds shall be secured by an assignment for the benefit of the holders thereof, of the Authority's rights to payments under the installment sale agreement and may be additionally secured by a security interest in the Facility. 3. It having been represented to the Authority that it is necessary to proceed immediately with the acquisition and installation of the Project, the Authority hereby agrees that the Company may proceed with plans for the Project, enter into contracts for such acquisition and installation and take such other steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Company to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Facility. The Authority agrees that the Company may be reimbursed from the proceeds of the bonds for all costs so incurred by it subsequent to the passage of this resolution. The Authority also agrees, if requested, to issue its notes to obtain interim financing for the Facility on terms to be mutually agreed upon, such notes to be guaranteed or otherwise secured by the Company as required by the lender and the Authority. 4. The Authority shall accept, if requested, from or on behalf of the Company conveyance of such land in the City on which the Facility will be located. The officers of the Authority are hereby authorized and directed to accept and, if required, have recorded a proper deed or deeds in connection with such conveyance. If for any reason the bonds are not issued, the Authority shall convey such property to the Company or to such other person as the Company may request, without cost other than the expense of preparation and recordation of such deed or deeds of conveyance. 5. The Authority agrees, if requested, to accept the recommendation of the Company with respect to the appointment of an agent or underwriter for the sale of the bonds and the bond counsel with respect to the supervision of the 3 proceedings and approval of the issuance of the bonds pursuant to terms to be mutually agreed upon. 6. The Chairman of the Authority is authorized, if requested by the Company to initiate a proceeding in the Circuit Court of the City of Roanoke, Virginia to provide for the judicial validation of the bonds authorized hereby pursuant to Article 6 of the Public Finance Act, as amended, and in connection therewith, to take whatever further action, with advice of bond counsel and counsel for the Authority, he may deem necessary or desirable. 7. All costs and expenses in connection with the financing and the acquisition and installation of the Project, including the fees and expenses of bond counsel, counsel to the Authority and the agent or underwriter for the sale. of the bonds, shall be paid from the proceeds of the bonds. If for any reason such bonds are not issued, it is understood that all such expenses shall be paid by the Company and that the Authority shall have no responsibility therefor. 8. The Authority intends that the adoption of this resolution be considered as "official action" toward the issuance of the bonds within the meaning of the regulations issued by the Internal Revenue Service pursuant to Section 144 of the Internal Revenue Code of 1986, as amended. 9. The Authority shall perform such other acts and adopt such further resolutions as may be required to implement its undertakings as hereinabove set forth, and if requested by the Company, it will make application to the Internal Revenue Service for such tax rulings as may be necessary in the opinion of bond counsel. To that end, the Chairman or Vice Chairman of the Authority is hereby authorized to execute an appropriate power of attorney naming counsel selected by the Company for such purposes. 10. Section 146 of the Internal Revenue Code of 1986 limits the amount of tax exempt private activity bonds which the Authority can issue. The Authority can give no assurance that the issuance of its bonds for the Project will not be subject to these limits. This resolution does not represent an allocation under the State of Virginia bond allocation authority. ~NDU$?RIAL DEVELOPMEN? AU?HORI?¥ OF ?HE C~?¥ OF ROANOKE, VIRGINIA APPLICA?IO~ FOR AUTHORITY FINANCING Section 1 Information Concernln~ Applicant Name of Applicant: Progress Press, Inc. Mailing Address: 2922 Nicholas Ave.t NE Roanoke, Va. 24012 Federal Employer ID ~ 54-0696984 Name of applicant's representative information: Name Mildred C. Davis to be contacted for additional Mailing Address if Different from Applicant Telephone No. ( ) Name(s) of Principal User(s), if Different from Applicant: Mailing Address if Different from Applicant Federal Employer ID ~ Type of business presently conducted by applicant, Commercial Printing if any: Present location of applicant's principal place of business, if any: 2922 Nicholas Ave., NE, Roanoke, Va. 24012 6. In what year was business started? Incorporated 1961 EXHIBIT A Ifa corporation, give state of incorporation: Virginia If a subsidiary of another corporation, give name, state of incorporation and mailing address of parent corporation: If a corporation, give names and residence addresses of the principal officers, directors, and major stockholders (ten percent or more): Mary P. Chocklett - Rt. 1, Box 529, Roanoke, Va. 24012 10. 11. 12. A. L. Chocklett - Rt. 1, Box 540, Roanoke, Va. 24012 C. C. Chocklett - 515 Palisades Dr., Vinton, Va. 24179 Robert L. Chocklett - 514 Briarwood Dr., Vinton, Va. 24179 Mildred C. Davis - Rt..l, Box 529, Roanoke, v~. 24Q~ If applicant is a partnership, give (a) it is organized: ; and principal office is located: name of state under whose ].aw~ (b) City or County in which it~ If a partnership, state whether general or limited: If a partnership, give names and residence addresses of all present partners and indicate whether general or limited: N/A If applicant is a joint venture or other business entity (other than a corporation or partnership), describe and give names and residence addresses of all principals: N/A 13. 14. If applicant proposes to undertake the facility sought to be financed through a subsidiary corporation, a new corporation, or other entity to be formed by applicant, give details: N/A Identify any officers, directors, or shareholders (except shareholders of publicly traded corporations) who hold any state or local elective or appointive office, and state the office held: None 15. Describe any relationships between the applicant and principal users and any member of the Authority or City Council: None Section 2 Information Concerning Facility Sought To Be Type of facility: Printinq Press Financed 2. Standard Industrial Classification Code applicable to the facility: 3. Indicate whether facility sought to be financed is a (a) new facility __; (b) existing facility ; or (c) addition to or modification of existing facility Type of business or activity to be conducted and purpose of facility sought to be financed. Explain proposed use of facility by applicant and/or others and, if a manufacturing plant, the type of products to be manufactured: Commercial Printinq 5. Specific site location, if known, including street number, if available: 2922 Nicholas Ave., NE., Roanoke, Va. 24012 General description of proposed facility (describe type of construction square footage, amount for each operation such as manufacturing, storage, office, etc.): 3 Name and address of architect, · ~/A if selected: Telephone NO. Name and address of contractor, if selected: N/A Telephone No. ( 9. If site has been selected, give name of present owner (s): 10. If an existing facility (a) what is its present use? Commercial Printing_ 11. ; (b) number of regular employees presently employed on year round basis 70 ; and (c) average annual salary per such employee $ 14,913.00 If applicant is not the present owner of the site, state what, if anything, has been done concerning the location and acquisition of a site by or on behalf of the applicant. N/A 12. 13. 14. If specific location of proposed facility is known, state the present zoning classification of the land under the Zoning Ordinance of the City of Roanoke: N/A If specific location is known, is a zoning change required? YES N/A NO If yes, state the zoning classification required: Does the site of the proposed facility require governmental expendi'tur for roads, utilities, etc.? Describe. N/A 15. Are funds from other government sponsored programs involved in this project? Describe: NO 16. Estimated number of regular employees to be employed on year round basis after acquisition or completion of facility: 85 17. What net number of jobs will be created or retained as e direct result of the Project? 15 18. Average annual salary per such employee= $ 7.17 per hour 19. Estimate the annual payroll after completion of the facility= $2,000,000.00 20. Identify skills of new employees, the availability of such skilled employees, proposed wage scale, and training needs: Press & folder operators - If skilled employees not available, we will train. Wage scale will be prevailing for locality 21. State the growth potential for the facility in terms of sales, employment, and plant expansion: 20 to 25% If application is approved by the Authority, when would applicant anticipate issuance of bonds and work on the facility started? Immediately 22. Section 3 Cost of Facility and Financing Estimated total cost of proposed facility: $ N/A Maximum amount of financing sought through the Authority: $ 1,200,000.(30 Items of cost to be paid from Authority financing (i.e., land, building, equipment, legal, etc.): Equipment If financing is approved, does applicant expect the Authority bonds to be sold by (a) private placement x ; or (b) public offering If by private placement, has applicant received a commitment or other assurance from a bank or others with respect to the sale of the bonds? YES x NO__ Elaborate: Lee B. Buff, Jr. Dominion Bank - Corporate Dept. 201 Jefferson St., Roanoke, Va. ;ln~t~d Virginia Bank - 37 W. Church Ave., Roanoke, Va. - Bob Burton 5 If by public offering, name and address of underwriter desired: Name Mailing Address Telephone No. Name and address of bond counsel desired: Name Glenn, Flippin, Feldmann & Darby Samuel Darby ( Mailing Address 315 Shenandoah Building Roanoke, Va. 24001 Telephone No. ( 703 ) 344-7805 Se Section 4 Tax Information If the site of the proposed facility is known, state the current assessed value for real estate tax purposes of the land, and improvements thereon. Land $ N/A Improvements $ N/A TOTAL $ Current yearly real property tax on the proposed site: $. N/A Estimated taxable value of the facility's real property (buildings and improvements) to be constructed: $ N/A Estimated real property tax per year with respect to the facility when completed on real property to be constructed (buildings and improve- ments) using present City of Roanoke tax rates: $ N/A Estimated personal property tax per year with respect to the facility when completed, using present City of Roanoke tax rates: $ N/A Estimated merchants' capital tax per year with respect to the facility when completed, using present tax rates: $ N/A Estimated dollar value per year of goods and services that will be purchased locally by applicant or other users of the facility: $ ~.ection 5 Inducement Explain how the requested financing by the Authority will enable or induce applicant to locate in or remain in the City of Roanoke and the Commonwealth of Virginia? This equipment will enable us to increase our sales which will increase employment, and increase tax base for the City of _Roanoke. By approval, it will also keep printing in the ROanoke Valley which is now being done outside the City of Roanoke. It is understood and agreed by the Applicant that Applicant (a} will, upon the filing of this application, pay to the Authority $2,500.00 (appli- cation fee of $1,000.00 and Authority counsel fee of $1,500.00) and in addition (b) will pay when billed the cost of necessary advertisement of any public hearing required to be held with respect to this application, and (c) will pay, when billed, all other costs and expenses of the Authority, including the reasonable fees of its legal counsel, with respect to this application, any Authority or Roanoke City Council meetings held in con- nection therewith and proceedings at the state level in applying for a State Reserve Allocation. Also in addition, Applicant understands and agrees that in the event the Authority approves the application and adopts an inducement resolution with respect thereto and thereafter authorizes the issuance of it~ bonds or notes to finance a facility on behalf of the Applicant all costs of the Authority in connection with any such issue, including the reasonable fees of its legal counsel and bond counsel, will be paid either from the proceeds.of the issue or directly by the Applicant, or if such bonds or note~ are not issued for any reason, then directly by the Applicant. The Applicant understands that the approval or disapproval of this application is within the discretion of the Authority and that if approved by the Authority the requested financing must also be approved by the City Council of the City of Roanoke; that the Authority and/or City Council may require additional financial and other information from the Applicant; that the Authority reserves the right to approve or disapprove Bond Counsel with respect to each issue; that if this application is approved and Authority bonds or notes are thereafter issued all financing documents shall be in form and substance satisfactory to the Authority, its legal counsel and Bond Counsel and shall include provisions satisfactory to the Authority, with respect to indemnifying the Authority and payment by Applicant to the Authority of its closing fee of .050% of the principal amount of the issue, with a minimum of $500 and a maximum of $5,000, and additional funds as may be necessary on an annual basis to be applied to the Authority's general operating and audit expense while such bonds or notes are outstanding; and that if the Authority adopts an inducement resolution with respect to the issuance of bonds or notes on behalf of Applicant and thereafter before the issuance of /ts bonds or notes determines (1) that any material information furnished the Authority or the City Council by or on behalf of the Applicant is false or misleading, (2) if after the adoption of such resolution the proposed financing ~ not thereafter approved by the City Council of the City of Roanoke, or (3) if the Authority deems the Applicant to have taken insufficient action toward closing the requested financing, the Authority, in any such event, reserves and shall have the right to revoke or rescind such inducement resolution which the Authority has entered into with Applicant, after not less than ten (10) days written notice of the Authority's intention so to do, addressed and mailed to the Applicant at its address given in this Application. If the proposed financing is approved by the Authority and the City Council, and for any reason, the bonds or notes are not issued prior to the end of the current calendar year, the inducement and authorization to issue bonds shall terminate and abate, and be of no further effect at midnight on the last day of the calendar year. Respectfully submitted this 17th day of April , 1987 . Progress Press, Inc. Mildred C. Davis Secretary PLEASE NOTE (1) (2) Individual applicants shall each sign the application. If Applicant is a corporation, the application is to be made and signed in the full proper name of the corporation as it appears in its Articles of Incorporation, by a duly authorized officer thereof who shall give his title, and if a partnership, in the full proper name of the partnership as it appears in its Certificate of Partnership, by one or more general partners. If additional space is needed to properly respond to any question, refer to and attach an additional numbered sheet at end of application. (3) If any question is not applicable, indicate by inserting "N/A." GLENN, FLIPPIN, FELDMANN POST O~'rlC]~ ~OX ROANOKE, VIRGINIA 24001 June 3, 1987 HAND DELIVERED The Honorable Mayor and Members of City Council City of Roanoke, Virginia Municipal Building Roanoke, Virginia 24011 Re: Industrial Development Authority of the City of Roanoke, Virginia/Proposed Financing for Progress Press, Incorporated Dear Mrs. Bowles and Gentlemen: Delivered with this letter is a packet of information required by law to be presented to the City Council, and the Authority's request that City Council adopt a resolution at your June 15, 1987 meeting approving the issuance of industrial development revenue bonds to finance a new printing press for Progress Press, Incorporated. Ail requests for allocation for issuance of industrial development bonds are handled by the Virginia Department of Housing and Economic Develoment on a first-come, first-serve basis. There is no local bond allocation. The requirements are that the project be qualified for financing under the recently enacted Tax Reform Act of 1986, that there have been a local public hearing, approval by the City Council, and that the Company requesting the financing have available to it a binding commitment for the placement of the bonds or a letter of credit backing the bonds. Ail of the above requirements have been met except for City Council approval. The Honorable Mayor and Members of City Council June 3, 1987 Page 2 We expect to be present at your meeting on June 15, 1987 and we are available to answer any questions you might have prior to that time. Very truly Robert E. Glenn HMDJR:krb:0042071 Enclosures cc: Progress Press, Incorporated w/encs. Mr. Robert W. Herbert w/encs. Wilburn C. Dibling, Jr., Esq. w/encs. Mr. Phillip F. Sparks w/encs. Mr. Jack C. Smith w/encs. IN THE COUNCIL OF THE CITY OF ROANOKE, The 15th day of June, 1987 No. VIRGINIA A RESOLUTION approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia for the benefit of Progress Press, Incorporated to the extent required by Section 147(f) of the Internal Revenue Code of 1986. WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the Authority), has considered the application of Progress Press, Incorporated (the Company) whose principal office is at 2922 Nicholas Avenue, N.E. requesting the issuance of the Authority's industrial development revenue bond in an amount not to exceed $1,200,000.00 (the Bond) to assist in the financing of the Company's acquisition and installation of a commercial printing press and related equipment (the Project) at the Company's present location at the City of Roanoke, Virginia, thereon on June 2, 1987. 2922 Nicholas Avenue, N.E. in and has held a public hearing WHEREAS, Section 147(f) of the Internal Revenue Code of 1986 provides that the governmental unit having jurisdiction over the issuer of industrial development bonds and over the area in which any facility financed with the proceeds of industrial development bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the City), the Project is to be located in the City and the Council of the City of Roanoke, Virginia (the Council) constitutes the highest elected governmental officials of the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Bond; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to the terms to be agreed upon, and a certificate of the public hearing has been filed with the Council. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the issuance of the Bond by the Authority for the benefit of the Company, as required by Section 147(f) to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bond, as required by Section 147(f) does not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of the Project or the Company, and, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefore and neither 2 the faith or credit nor the taxing power of the Commonwealth, the City nor the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. ATTEST: City Clerk 3 FISCAL IMPACT STATEMENT Date: May 12, 1987 Applicant: Progress Press, Incorporated Facility: Acquisition and Installation of Commercial Printing Press and Related Equipment 4. 5. 6. Maximum amount of financing sought $ 1,200,000.00 Estimated taxable value of the facility's real property to be constructed in the municipality $ N/A Estimated real property tax per year using present tax rates $ N/A Estimated personal property tax per year using present tax rates 20,700.00 Estimated merchants' capital tax per year using present tax rates $ N/A Estimated dollar value per year of goods and services that will be purchased locally 750,000.00 Estimated number of regular employees on year-round basis 15 Average annual salary per employee $ 15,000.00 ~H~rman of the I~n~strial D~elopment Authority of the City of Roanoke, Virginia Roanoke, Virginia June 15, 1987 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: We have received one request for the State allocation of Industrial Revenue Bonds. The Industrial Development Authority has endorsed the request of Progress Press, Inc., for $1,200,000 from the State Reserve. The City administration also endorses the project and recommends that City Council endorse the request of Progress Press, Inc., by adoption of the attached resolution and direct the City administration to see that the request is forwarded to the State Reserve, Virginia Department of Housing and Community Development. Respectfully submitted, W. Robert Herbert City Manager WRH:PFS:mpf cc: City Attorney Director of Finance Chief, Economic Development Chairman, Industrial Development Authority Counsel, Industrial Development Authority June 17, 1987 File #184-501 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28678, authorizing the exe- cution of two amendments to the City's group hospitalization and health insurance contract with Blue Cross and Blue Shield of Virginia, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1987. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra cc: Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Eric C. rurpin, Manager, Personnel Management Ms. Jayne M. Smith, Benefits Coordinator and Room 456 Munlc~oal Building 215 O~urch Av~w~ue, S.W. n~,,,-,~3~e. Virginia 24011 (703) 981-254'f IN THE COUNCIL OF THE CITY OF ROANOKE, The 15th day of 'June, 1987. No. 28678. VIRGINIA, AN ORDINANCE authorizing the City's group hospitalization and health with Blue Cross and Blue Shield of Virginia, emergency. the execution of two amendments to insurance contract and providing for an BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of'the City, to execute two amendments to 'the-City's contract dated May 5, 1986, with Blue Cross and Blue Shield of Virginia, the first amendment to expand the category of reimbursed pro- fessional service providers under the oontraet, and the second to provide for administration of the City's compliance with the Con- solidated Omnibus Budget Reconciliation Act of 1986, as amended; such amendments to be in the the City Manager's report of to be approved as to form by 2. In order to provide form in which they are attached to June 15, 1987; sueh amendments also the City Attorney. 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. June l?, 1987 File #184-501 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28677, amending and reor- daining certain sections of the 1986-87 General Fund Appropriation Ordinance, providing funds in connection with two amendments to the B~ue Cross and Blue Shield hospitalization and health insurance contract, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1987. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Enc. Mr. W. Robert lferbert, City Manager Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Eric C. Turpin, Manager, Personnel Management Ms. Jayne M. Smith, Benefits Coordinator and Room 456 ,Municipal B~llding 215 Church Av~'~e, $.W. Roanoke, ~rglnla 240t~ (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 15th day of June, 1987. No. 28677. VIRGINIA, AN ORDINANCE to amend and reordaln certain sections of the 1986-87 General Fund Appropriation Ordinance, emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1986-87 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordatned, to read as follows, in part: and providing for an Appropriations Non-Departmental Residual Fringe Benefits (1) ...................... Contingency - General Fund (2) .................... (1) Hospitalization Insurance (2) Contingency (001-004-9110-1125) (001-002-9410-2199) $ 3,163 (3,163) $10,047,753 552,965 9,476 IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Roanoke, Virginia ~E.C? ,~,~e 15, 1987 CITy r~: SUBJECT: Amendments to Blue Cross Blue Shield Hospitalization and Health Insurance Contract I. BACKGROUND: ae The present hospitalization and health insurance contract is with Blue Cross Blue Shield of Virginia and expires December 31, 1987. Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), a new Federal Law, requires employers sponsoring group health insurance plans to offer employees and their families the option, at the employee's expense, of temporary extension of health coverage upon separation from the City. Ail City employees participating in the group health insurance program were notified of new Federal Law and option of extended coverage by letter of December 23, 1986. (Attachment I) Additional providers of benefits have been added to all Blue Cross Blue Shield contracts as follows: (Attachment II) 1. Licensed Clinical Social Workers 2. Licensed Professional Counselors 3. Licensed Registered Physical Therapists City Attorney's office has reviewed and approved both amendments to the contract as legally sound. II. CURRENT SITUATION: Two amendments to current Blue Cross contract require City Council approval in order to provide for Blue Cross administration of COBRA and new benefits for additional providers. (Attachment III & IV) Blue Cross Blue Shield of Virginia has administered the City's COBRA requirements since January, 1987, at an estimated annual cost to the City of $6,325 ($.35 per employee on 1,506 covered employees). $3,163 is needed to pay for these services through the end of the current fiscal year. C. COBRA administration requires the following activities. Notification of employee and/or dependents of right to continue benefits. Coordination of applications and payments to Total Program Administration (Division of Blue Cross Blue Shield). Hon[rable Mayor and City Council Page 2 3. Tracking of various time periods and payments. 4. Continued monitoring of eligibility requirements. Additional providers of benefits were effective April 1, 1987, at no additional cost to employer or employee. III. ISSUES: A. Cost B. Compliance with Law C. Improved health care coverage IV. ALTERNATIVES: Council authorize the City Manager to execute two amendments to Blue Cross Blue Shield Hospitalization and Health Insurance contract to provide for administration of COBRA compliance and to provide for additional providers of benefits. Cost for COBRA compliance would be $6,325 annually at $.35 per employee. Additional providers of benefits would be no additional cost to employee or City. Compliance with the new Federal COBRA Law would be satisfied. Improved health care and hospitalization coverage would be provided to employees. Do not approve amendments to Blue Cross Blue Shield hospitalization and health insurance contract to provide for administration of COBRA compliance and to provide for additional providers of benefits. 1. Cost would not be an issue. 2. Compliance with the new Federal COBRA Law would not be met. 3. Improved health care coverage would not occur. V. RECOMMENDATION: Council authorize the City Manager to execute two amendments to Blue Cross Blue Shield hospitalization and health insurance contract to provide for administration of COBRA compliance and to provide for additional providers of benefits. (Alternative A above) HonLrable Mayor and City Council Page 3 WRH:ECT:mt CC: ADDroDriate $3,163 from the General Fund Contingency Account No. 001-004-9410-2199, to Account No. 001-004-9110-1125, Hospitalization Insurance, for payment of these services. Respectfully submitted, W. Robert Herbert City Manager George C. Snead Joel M. Schlanger Wilburn C. Dibling, Eric C. Turpin Jayne Smith Jr. Attachment I Department of Personnel Management December 23, 1986 Blue Cross/Blue Shield Participants and Families Dear Participant: SUBJECT: Consolidated Omnibus Budget Reconciliation Act (COBRA) WHAT IS COBRA? Effective January 1, 1987, you, as an employee of the City of Roanoke may continue group Blue Cross Blue Shield coverage for youself and/or your covered dependents under certain circumstances. You will be required to take specific actions in order to exercise your rights to continued coverage. So both you and your spouse should take the time to read this notice carefully and save it for future reference. On April 7, 1986, a new federal law, (COBRA), was enacted which requires employers sponsoring group health plans offer employees and their families the opportunity for a temporary extension of health coverage (called "continuation coverage") at group rates in certain instances where coverage under the plan would otherwise end. The compliance to the law is required at the beginning of the first plan year after July 1, 1986, which for the City of Roanoke is January 1, 1987. WHEN DOES '~1t/~ CONTINUATION PROVISION APPLY9 The continuation provision applies when you or a covered dependent experience a situation (called a "qualifying event") which would normally result in your loss of coverage under the City of' Roanoke Blue Cross Blue Shield Plan. You may choose to continue your present coverage for up to 18 months (11/2 years) in the event of: (1) the termination of your employment, either voluntary or involuntary (unless you are discharged for gross misconduct); (2) a reduction in your work hours. Also, up to 36 months covered dependents may choose to continue their present (3 years) in the event of your: (1) death; or coverage for (2) divorce or legal separation; (3) entitlement to Medicare; or (4) dependent child ceasing to be a dependent child as defined in the plan. Room 207 Municipal Building, 215 Church Avenue, 5.Wd Roanoke, Virginia 24011 (703) 981-2231 EQUAL OPPORTUNITY EMPLOY~'R CoDsolidated Omnibus Budget Reconciliation Act Pa9 -' 2 (COBRA) HOW LONG IS COVERAGE CONTINUED? In general, coverage may be continued for 18 months after the date of the qualifying event in the case of termination of employment or reduction of hours, and for 36 months for all other events listed above. Coverage could be ended earlier than the above dates if: (1) you or your covered dependent become a covered employee under another group health plan; (2) you or your dependent become eligible for Medicare; (3) your former spouse remarries and becomes covered by another group health plan; (4) you or your covered dependents fail to make a required premium payment; (5) the City stops providing group health insurance for employees. You must notify your Benefits Coordinator when 1), (2) or (3) happen. HOW MUCH DOES CONTINUED COVERAGE COST? The cost for continued coverage after a qualifying event will be the entire Blue Cross Blue Cross premium plus 2% to cover administrative costs. You may choose to pay in monthly installments and your first payment must be made no later than 45 days after the date that continued coverage is chosen. Your payments will be mailed directly to Blue Cross Blue Shield. The Benefits Coordinator can provide yo6 with proper forms to complete and a payment schedule. The total costs, including the 2% administrative fee, are as follows: Single $ 64.85 Subscriber + 1 97.25 Family 162.93 When you elect your continued group coverage, the coverage is effective from the first day after your regular coverage would have ended, no matter when you choose the option. This means that the premiums must be paid for the entire period of time (back to the last day of regular coverage) because coverage is retroactive. HOW DO YOU OBTAIN CONTINU~u COVERAGE? You must notify the Benefits Coordinator when "qualifying events" occur which qualify you for continued coverage: You or your covered dependent must notify the Benefits Coordinator within 60 days in 'the event of: Divorce or legal separation Child losing dependent status Co: ~olidated Budget Reconciliation Act (COBRA) Page 3 The City of Roanoke will notify the Benefits Coordinator within 30 days in the event of: Termination of employment Reduction in hours Your death Your entitlement to Medicare Then, within 14 days of receiving notification the Benefits Coordinator will notify you or your covered dependents of the right to choose continued coverage. If you choose continuation coverage, the City of Roanoke is required to give you coverage which is identical to the coverage provided under the group plan to similarly situated employees and family members. You or your covered dependents will have 60 days to request continued coverage in writing. The 60-day period begins on the later of (1) the date your coverage terminates by reason of the qualifying event or (2) the date you or your covered dependents were notified of your right to choose continued coverage. You will not be required to furnish evidence of insurability. If you do not choose continuation coverage your group insurance coverage will end as scheduled following the date of the qualifying event. · /)DITIONAL I~rFORMATiON Meetings to explain this continued coverage option and answer questions are scheduled for: Date Time Place Thursday, Jan. 8, 1987 7:00 a.m. Thursday, Jan. 8, 1987 2:00 p.m. Thursday, Jan. 8, 1987 7:00 p.m. Public Works 1st Floor Conference Room Municipal Building Civil Defense Room Civic Center Parlor A, Exhibit Hall If you have any questions or need further information on how the option of continued health coverage may affect you, please contact: Jayne M. Smith, Benefits Coordinator Department of Personnel Management City of Roanoke 981-2418 or 981-2231 ECT:JMS:mt Sincerely yours, Eric C. Turpin, Manager Personnel Management Blue Cross Blue Shield of Virginia Attachm6 2015 Staples Mill Road Post Office Box 27401 ~ichmoncL Virginia 23279 February 1987 Dear Group Administrator: Benefits for new providers now availabln Blue Cross and Blue Shield of Virginia is adding benefits for additional providers to all our contracts effective April l, 1987. There will be noi increase in the monthly rates to add this important benefit. Starting April 1, 1987, the following providers will be added to the list of covered providers in your contract: .licensed clinical social workers; · licensed professional counselors; and · licensed registered physical therapists. This change means that these providers may bill Blue Cross and Blue Shield of Virginia directly for their services. Previously, the services of these providers were covered only if they were employed by and were billing through another covered provider listed in your contract. The types of covered services available under your program will not change. For example, financial and marital counseling are not covered services now. They are not covered regardless pf who bills for them. Financial and marital counseling will remain non-covered services even after these three new categories of providers are added to your contract. Only licensed clinical social workers, licensed professional Counselors and licensed registered physical therapists who contract with Blue Cross and Blue Shield of Virginia will be reimbursed directly. Payment for services of non-contracting providers will be sent to the subscriber. The addition of this benefit will give your employees an alternate place to receive care that may be less expensive. Blue Cross and Blue Shield of Virginia has developed reduced UCR and KeyCare allowances for the services of these providers. Therefore, this change will be made to your program at no additional monthly cost to you. What do you have to do? Please sign both copies of the enclosed amendment, send one copy to us in. the envelope provided and keep one copy for yourself. Please mail the amendment back to us as soon as possible. Your new benefits will be effective April 1, 1987. We are soliciting new contracting agreements from all three categories of providers so they will be able to file claims directly for 'your employees and accept our allowances as payment in full. If you have questions about this new coverage or if we can help you in any way, please contact your nearest Blue Cross and Blue Shield of Virginia office. Sincerely, Charles H. Wilson, III Director, Marketing Services Attachment III AMENDMENT TO GROUP CONTRACT It is hereby agreed by the undersigned that, effective April 1, 1987, the Group Contract issued by Blue Cross and Blue Shield of Vir~nia to the organization listed below shall be amended as follows: 1) The definition of Other Professional Provider ir{ the Definitions Section of the Contract shall include the fo]lowing providers who are duly licensed by the state in which they [~raetice: Clinical Social Worker Professional Counselor Registered Physical Therapist BLUE CROSS, AND BLUE SHIELD OF VIRGINIA T.~o.m~a~ E. Ma~tenstein sA.~ant Contract Offieer CITY OF RDANDKE AH-1 B~ Attachment IV AMENDMENT TO GROUP CONTRACT NUMBER X-21645 EFFECTIVE JANUARY 1, 1985 It is hereby agreed by the undersigned that, effective for the Contract Years beginning on or after January 1, 1987, the Group Contract numbered X-21645, issued by Blue Cross and Blue Shield of Virginia to City of Roanoke and effective January 1, 1985, shall be amended by deleting Annex A, Payments to the Plan for Services, which was effective Januai~y 1, 1985, and substituting therefor the attached Annex A, Payments to the Plan for Services, consisting of Pages I through 2, and bearing the legend Revised January 1, 1987. BLUE CROS~ AND BL~UE SHIELD OF VIRGINIA ~ Thpm~s E. Mttrtenstein AsSistant Contract Officer CITY OF ROANOKE By. Revised January 1, 1987 Page 1 of 2 ANNEX A TO GROUP CONTRACT NUMBER X-21645 PAYMENT TO THE PLAN FOR SERVICES A._. The Contract Holder shall pay to the Plan for each covered Subscriber, or each covered Subscriber and his Dependent(s), or for the covered Dependent(s) of each non-covered Subscriber, as the case may be, in advance, beginning January 1, 1987, and continuing monthly thereafter, until revised by the Plan in the manner provided in Paragraph B._. of this Annex, the required subscription charges as follows: Type of Membership Monthly Charge Type 1 $ 63.58 Type 2 $159.74 Type 3 $ 95.34 B._. Subscription charges may be revised bY the Plan at any time to be effective on January 1 but not earlier than January 1, 1988 provided that the Plan shall, at least thirty (30) days prior to the effective date of such revision, notify the Contract Holder of the revised charges. C._. The Plan shah provide direct billing services with respect to those Subscribers and their Dependents who are eligible ~or coverage by virtue of the continuation of coverage provisions of the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended (such persons hereinafter referred to as "COBRA Eligibles"). a COBRA Eligible shall be made by the Contract Holder. provided by the Plan shall be as follows: 1. Determinations as to who is The direct billing services The billing of monthly rates for coverage to a COBRA Eligible for the period designated by the Contract Holder upon the Plan's receipt of the following from the Contract Holder: a. a fully completed Continuing Group Coverage Option form which has been approved for use by the Plan, Page 2 of 2 b. the monthly rate to be charged to the COBRA Eligible, and e. the date which continuous coverage is to begin. 2. Notify the Contract Holder of any of the following events discovered by the Plan with respect to a COBRA Eligible: a. payment of monthly bill is not received by the Plan within 30 days after its due date. b. the COBRA Eligible becomes covered under another group health care plan. e. the COBRA Eligible becomes eligible for Medicare. The Plan will discontinue billing the COBRA Eligible upon the discovery of any of the above events unless otherwise directed by Contract Holder. 3. Generate the following reports: a. Eligibility List b. Monthly Eligibility Change List c. COBRA Plan Report The Contract Holder shall pay the Plan a monthly administration fee of $.35 per month per Subscriber enrolled* under this Contract. The Contract Holder shall pay the administration fee to the Plan within ten (10) days after receipt of the Plan's bill therefor. Office June 17, 1987 File #60-246 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 25679, amending and reor- daining certain sections of the 1986-87 Consortium Fund Appropriations, providing for the appropriation of $525,381.00 of Fifth District Employment and Training Consortium funds for the Title If-B Summer Youth Program, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1957. Sincerely, ~l~ Mary F. Parker, CMC City Clerk MFP: ra Enc. cc: Mr. W. Robert Herbert, City Manager Mr. James D. Ritchie, Director of Human Resources Ms. Carolyn Barrett, Administrator, Fifth District Employment and Training Consortium, 425 West Campbell Avenue, Roanoke, Virginia 24016 Root'n456 MunlclpalDuildlng 215(~urc:hAv~ue.S.W. Roonc~e.'Vl~g~la24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1987. No. 28679. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Consortium Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1986-87 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Fifth District Employment & Training Consortium- FY87 Title II-B (1) ..................................... Fifth District Employment & Training Consortium- FY88 Title II-B (2) ..................................... Project Trade (3) .................................. Admin. Pool (4) .................................... Title II-A (5) ..................................... Revenue Fifth District Employment & Training Consortium- FY87 Title II-B (6) ..................................... Fifth District Employment & Training Consortium- FY88 Title II-B (7) ..................................... Project Trade (8) .................................. Admin. Pool (9-10) ................................. Title II-A (11) .................................... $ 1,771 784 609 932 548 776 409 341 4 962 78 063 56 410 $ 1,771,784 609,932 548,776 409,341 4,962 78,063 56,410 1) Funding Authority 2) Funding Authority 3) Funding Authority 4) Funding Authority 5) Funding Authority (034-054-8665-9990) $( 23,395) (034-054-8765-9990) 409,341 (034-054-8769-9990) 4,962 (034-054-8860-9990) 78,063 (034-054-8861-9990) 56,410 6) Fed. Revenue (034-034-1234-8663) $(23,395) 7) Fed. Revenue (034-034-1234-8865) 409,341 8) Fed. Revenue (034-034-1234-8769) 4,962 9) Fed. Revenue (034-034-1234-8864) 68,108 10) Fed. Revenue (034-034-1234-8866) 9,955 11) Fed. Revenue (034-034-1234-8867) 56,410 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk '87 ,.1!1,~ !0 ~!~ ! June 15 , 1987 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I. Background SUBJECT: Funding for the Fifth District Employment and Training Consortium The Consortium administers the Title II-B Summer Youth Program for economically disadvantaged youth. The pro- gram runs from May 1 to September 30 of each year. The Governor's Employment and Training Department utilizes a portion of JTPA funds to reward Service De- livery Areas exceeding their performance standards for the Title II-A Program. Roanoke City was chosen as one of six localities in the State of Virginia to be a pilot agency to participate in an innovative program called Grant Diversion, also known as Project Trade. The Consortium will operate the on-the-job training aspects of the program under a contract with the Department of Social Services. Coun- cil approved the agreement at it's May 4, 1987 meeting. The City of Roanoke is the grant recipient for Consor- tium funding. City Council must appropriate all grant funding the Consortium receives. II. Present Situation Carryover funds from last year's Summer Youth Program amounted to $23~295.00. Bo New Summer Youth funding was received in the amount of $454,054.00. This amount represents a thirty per cent cut from the previous year. A total of 392 youth from the Fifth Planning District are planned to be served. 228 of the total will be youth from Roanoke City. Members of City Council Page 2 June ]5 , 1987 The Consortium exceeded all the performance standards prescribed by the Governor's Employment and Training Department for Title II-A last year. $66,365.00 was awarded to the Consortium for its performance. The performance standards achieved were reported to Council on February 23, 1987 and included: 1) 2) 3) A placement rate of 60% Total placements of 267 Average wage at placement $4.25 an hour DJ The on-the-job training (OJT) segment of Project Trade is currently being implemented by the Consortium. Pro- ~ect Trade is funded for the balance of the year by a 4,962.00 contract with the Roanoke City Department of Social Services. Continued funding is expected for the next fiscal year. III. Issues A. Program Operation B. Funding C. Timing IV. Alternatives Appropriate $525~381.00 of Consortium funding and es- tablish a revenue estimate for $525~381.00 in accounts to be established by the Director of Finance. Program Operations Planned programs will serve those eligible, contracts will be awarded to ser- vice providers, and Consortium staffing assign- ments will be made. 2. Funding - $525,381.00 is available from grantor agencies at no cost to the city. Timin~ - Immediate action will allow programs to ~-~ implemented and completed by required dates. Do not appropriate $525~381.00 of Consortium funding and do not establish a revenue estimate for $525z381.00. Members of City Council Page 3 June ]§, 1987 Program Operations - Planned programs will cease, contracts will not be awarded and additional Con- sortium staff layoffs will result. o Funding - Not a factor. Timing - Any delay will cause the late start up of programs and underexpenditure of available funds. V. Recommendation Ao Appropriate $525~381.00 of Consortium funding and es- tablish a revenue estimate for $525~381.00 in accounts to be established by the Director of Finance, Alterna- tive A. Respectfully Submitted, W. Robert Herbert City Manager City Attorney Finance Director J.D. Ritchie Or, ce c~ the City Clerk June 17, 1987 File #70 Kay's Uniforms Sam's on the Market ~142-36 Melrose Avenue, N.W. 306 First Street, S. W. Roanoke, Virginia 24017 Roanoke, Virginia 24011 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 28680, accepting the bid of Rubin Brothers, Incorporated, for furnishing and delivering 730 fire retardant work shirts for the Fire Department, in the total amount of $14,417.50, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1987. On behalf of the Council, I would like to express appreciation for submitting your proposal for fire retardant work shirts for the Fire Department. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra Enco Room456 Mu~icipalBu#dlng 215Churd'~Av~nue, S.W.l~:~:~e, Vlrglnlo24011 (703)981-2541 Cfflce of ~he Qly Qerk June 17, 1987 File #70 Rubin Brothers, Inc. 224! South Halstead Street Chicago, Illinois 60608 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 28680, accepting your propo- sal for furnishing and delivering 730 fire retardant work shirts for the Fire Department, in the total amount of $14,417.50, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1987. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra Enc. cc: Mr. W. Robert Herbert, City Manager Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Jerry W. Kerley, Fire Chief Mr. D. Darwin Roupe, Manager, General Services and P, oon1456 ,'VV~k:lpolOulldlng 215 Church Av~'lue, S.W.l~cmoke, Vlrg~nlo24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 15th day of June, 1987. No. 28680. VIRGINIA, AN ORDINANCE accepting the bid of Rubin Brothers, Incorporated, made to the City for furnishing and delivering 730 fire retardant work shirts for the Fire Department; rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Rubin Brothers, Incorporated, made to the City, offering to supply 730 fire retardant work shirts for the Fire Department, meeting all of the City's specifications and requirements therefor, for the total bid price of $14,417.50, which bid is on file. in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incor- porating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this ordinance. 3. Any and all other bids made to the City for the aforesai'd equipment are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia June 15, 1987 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Fire Department Station Uniforms Back,round A. National Fire Protection Association (NFPA) Standard 1981 (85 Edition) established criteria for fire suppression personnel work uniforms. This standard requires that uniforms worn beneath standard protective clothing be made of fire retardant materials. When this standard was issued, the majority of the nation's Fire Departments were wearing 100% polyester uniforms. The use of 100% polyester material has been proven to intensify the severity of burns as a result of the polyester melting and adhering to the skin of firefighters. Fire Department Administrative Staff and a committee of Fire Suppression personnel collected data and analyzed all available flame retardant fabrics in use for station work uniforms. The following criteria was used in the analysis process: 1. Compliance with NFPA Standard 1981/85 2. Appearance 3. Comfort 4. Cost Fabrics studied and analyzed were: 1. Polyester/Cotton 2. Fire Retardant Cotton Members of Council Subject: Fire Department Station Uniforms June 15, 1987 Page 2 II. 3 SEF-Mod Acrylic 4 Vinex-FR-9B 5 Nomex Plus 6 Nomex Aramid 7 Fire Retardant Denim 8 FIRIC D. Actual wear tests were conducted by members of Fire Suppression involving Polyester/ Cotton, Fire Retardant Cotton, SEF-Mod Acrylic, Vinex, Fire Retardant Denim and FIRIC. Nomex fabric was not tested because of high cost factor. Fire retardant cotton and FIRIC have proven to be the best choice of fabrics for our needs. CURRENT SITUATION The Roanoke Fire Department is currently using 100% Polyester station work uniforms. As a result of previously mentioned potential for injury, there is concern on the part of the Administrative Staff and the Fire Suppression Division as to the safety factor involving Polyester work uniforms. There is also concern for the level of Workers' Compensation liability to the City in the event any of our personnel are injured as a result of Polyester work uniforms. Be Fire Department Administrative Services Division developed specifications for a surmmer work shirt. Request for quotations and these specifications were sent to eight (8) vendors as identified on the City's bid list. C. Four (4) bid responses were received. Tabulation is attached. Members Subject: June Page 3 of Council Fire Department Station Uniforms , 1987 III. IV. ISSUES IN ORDER OF IMPORTANCE A. NFPA Compliance B. Personnel Safety C. Liability to City D. Fund Availability ALTERNATIVES Accept the lowest bid from Rubin Brothers Incorporated of Chicago, Illinois (See Attachment B) for 730 shirts [three (3) shirts per member] at a cost of $14,417.50. NFPA compliance. Shirts bid by Rubin Brothers Incorporated meet or exceed NFPA Standard 1981/85 and City specifications for Fire Retardant Station work uniforms. 2. Personnel Safety increased severity the elimination fabric. - potential for of burns lessened by of 100% polyester Liability to City - would be reduced by providing uniforms that meet latest NFPA Standards for fire retardant station work uniforms. Fund availability - funds are available in Fire Department wearing apparel account number 001-050-3213-2064. B. Reject All Bids NFPA compliance - Fire Department would not be in compliance with NFPA Standard 1981/85 for station work uniforms. Members of Council Subject: Fire Department Station Uniforms June 15, 1987 Page 4 Personnel Safety - potential for increased severity of burns would not be minimized. 3. Liability to City liability to City would not be decreased. 4. Fund availability funds would not be an issue. RECO~4ENDATION A. Council concur with Alternative "A" and accept the lowest bid submitted by Rubin Brothers Incorporated of Chicago, Illinois to provide 730 fire retardant station work shirts at a cost of $14,417.50. Additional items of clothing will be purchased from the Fire Department operating budget during fiscal year 1987-88. WRH/JWK/BNA/cw Respectfully Submitted, W. Robert Herbert City Manager Attachment A BID TABULATION BIDS RECEIVED AND OPENED MAY 8, 1987 IN THE DEPARTMENT OF GENERAL SERVICES FOR 730 FIRE RETARDANT STATION UNIFOP. M WOI~K SHIRTS COMPANY UNIT COST TOTAL Brookfield Uniforms, Incorporated Rubin Brothers, Incorporated Kays Uniforms Sams on the Market No Bid $19.75 $14,417.50 $36.00 $26,280.00 $30.00 $22,265.00 Attachment B Rubin Brothers Incorporated of Chicago~ Illinois is current- ly providing fire retardant station uniforms to the follow- ing fire department: 2- 3- 4- New York City Fire Department Phoenix Arizona Fire Department Virginia Beach Fire Department Los Angeles Fire Department June 17, 1987 File #67-60 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28681, amending and reor- daining certain sections of the 1986-87 general and Capital Funds Appropriations, to provide for the transfer of $i7,000.00 to a new capital account for the Shrine Hill Park Tennis Court Renovation Project, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 1987. Mary F. Parker, CMC City Clerk MFP:ra Eno. cc: Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145 Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. 0. Box 13105, Roanoke, Virginia 24031 Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Jimmie B. Layman, Manager, Parks and Recreation Mr. Cline C. Hollandsworth, Manager, Grounds Maintenance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Room 456 MunlCllDOl [~llding 215 (~'~h Avenue, $.W. Roc~ol~, V~glnlo 24011 (703) 98t-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1987. No. 28681. AN ORDINANCE to amend and reordain certain sections of the 1986-87 General and Capital Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1986-87 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Public Works Grounds Maintenance (1) ............................. Education Operation/Maintenance of Plant (2) .................. Other School Expenditures (3) ....................... Non-Departmental Transfers to Other Funds (4) ........................ Capital Fund Appropriations Recreation Shrine Hill Park Tennis Court Renovation (5) ........ (1) Motor Fuels & Lub. (2) Cont. Maint. Svc.- Bldgs. & Grounds (3) Trf. to Capital (4) Trf. to Capital (5) Appr. from Gen. Revenue $ 3,739,371 17,000 (A001-060-6006-6085-0534) (8,500) (A001-060-6012-6065-0802) 8,500 (A001-004-9310-9508) 8,500 (A008-050-9545-9003) 17,000 $15,378,993 2,476,465 51,186,916 5,675,492 393,780 10,064,853 9,456,962 (A001-050-4340-2038) $ (8,500) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: City Clerk Roanoke, Virginia June 15, 1987 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject Shrine Hill Park Tennis Courts I. Background Three (3) lighted tennis courts located at the Shrine Hill Park (near Patrick Henry High School campus) have been closed to the public because of the unsafe condition of the playing surface. This nine (9) year old court surface has developed pot-holes and cracks on all three (3) courts. B. Use of these tennis courts, prior to their closing, was ex- tensive: 1. Recreation play by neighborhood residents. 2. Tennis programs of the: a. Patrick Henry High School b. Woodrow Wilson Junior High School c. City's Department of Parks and Recreation Co Immediate need is to provide adequate tennis facilities to ac- commodate the above stated uses. The estimated cost of repairing the existing court surface to meet the immediate need is $17,000. 1. Remove existing asphalt surface to the stone base. 2. Repave the three (3) courts with asphalt (no coloration of court surface). 3. Install new tennis posts. 4. Reline all courts. The City forces will take down the existing fence around the courts and reinstall the same fence after the completion of the paving work by a private contractor. Honorable Mayor and City Council Page 2 Long-term need, as concurred by the City and School administrations, is to develop a complex of six (6) new lighted tennis courts within the Patrick Henry High School campus for joint use by the neighbor- hood residents and the schools. The estimated cost of the six (6) new lighted courts is $185,000. II. Current Situation: A. The Roanoke CitS School Administration has agreed to share the cost of repairing the subject court surface on a 50-50 basis: 1. City of Roanoke (50%) 2. Roanoke City Schools (50%) Total estimated project cost $ 8,500 8,500 $17,000 This and the new playground near the Westside Park/School are examples of the growing partnership between the City and the School administrations for the joint development of the common recreation facilities needs. B. Funding for the project is available from: 1. City's share (Account No. 001-050-4340-2038) $ 8,500 2. School's share (Account No. 001-060-6006-6085-0334) 8,500 Total $17,000 Bids for the repair of the subject tennis court surface will be opened during the June 22, 1987 Council meeting. III. Issues: A. Need B. Funding C. Timing IV. Alternatives: Ao Authorize transfer of $17,000 into a new capital account to facilitate the repair of the Shrine Hill Park Tennis Court surface. Need to provide adequate tennis facilities for projected uses in the immediate future (0 - 5 years) would be ad- dressed. The long-term need for new six (6) lighted tennis courts would be considered during the future phases of the Parks Plan Implementation Program along with other park im- provement needs of the City. Honorable Mayor and City Council Page 3 2. Fundin9 for the project would come from: a. City's share (Acct. No. 001-050-4340-2038) $ 8,500 b. School's share (Acct. No. 001-060-6006-6085-0334) 8,500 Total $17,000 Timing for the transfer of the subject funds from the current year's operating budget to a capital account is critical to insure availability of funds for this project after the end of the current fiscal year on June 30, 1987. B. Do not authorize transfer of $17,000 to facilitate the repair of the Shrine Hill Park Tennis Courts. Need to open these popular tennis courts to public and City school programs would not be met. The residents and school children will be forced to go outside their neighborhood to play tennis. 2. Fundin9 would not be an issue. Timing relative to some action to meet at least the im- mediate need for tennis facilities in the subject neigh- borhood would remain critical. V. Recommendation: Council concur with Alternative "A" and authorize the transfer of $17,000 from followipg sources into a capital account to be established by~ Director of Finance for the Shrine Hill Park Tennis Court Renovation Project: City of Roanoke Account No. 001-050-4340-2038 $ 8,500 Roanoke City School Account No. 001-060-6006-6085-0334 8,500 Total $17,000 Respectfully submitted, W. Robert Herbert City Manager WRH:DVT:afm CC: City Attorney Director of Finance Director of Administration & Public Safety Director of Public Works Manager, Department of Parks & Recreation/Grounds Maintenance City Engineer Mr. Richard L. Kelley, Roanoke City Schools June 17, 1987 Fi le Olivetti USA 2070 Chain Bridge Road, Suite Vienna, Virginia 22180-2594 150 IBM Corporation P. O. Bo~ 301 Roanoke, Virginia 24002 Accu-Ware, [nc. Acme Business Machines 3032 Trinkle Avenue, N. W. P.O. Box 5129 Roanoke, Virginia 24012 Roanoke, Virginia 24012 NBI/IPC of Roanoke Xera~ Corporation 1314 Kimball Avenue, N.E. 2706 Ogden Road, S. W. Roanoke, Virginia 24012 Roanoke, Virginia 24014 Unisys Corporation Kroger Executive Center 1504 Santa Rosa Road Richmond, Virginia 23288 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 28684, authorizing the purchase of certain word processing equipment by utilizing the Commonwealth of Virginia contract with certain vendors, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1987. On for behalf of the Council, [ would like to express appreciation submitting your proposal for word processing equipment. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP: ra Enc. P, oom 456 Municipal Do,ding 215 (~urch A,~aue, S.W. Fu:x:~:~e. ~rglnla 24011 (703) 981-2541 June 17, 1987 File #472 Today's Computer Business Center 1437 Gordon Street Allentown, Pennsylvania 18102 Technology Services, Inc. 14130-B Sulleyfield Circle Chantilly, Virginia 2202! Bethco, Incorporated 4925-A Sparkman Drive Huntsville, Alabama 35510 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 28684, authorizing the purchase of certain word processing equipment by utilizing the Corr~onwealth of Virginia contract previously awarded to you, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1987. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra Eric. CC: Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director of Utilities and Operations Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services Mr. William F. Clark, Director of Public Works Mr. James D. Ritchie, Director of Human Resources Mr. Barry L. Key, Budget and Systems and Room 456 Municipal Building 215 (~urch Avenue, S.W. Roanc~e, V1rglnla 24011 (703) 981-2541 OW~:e o~ fne Oty Oetk June 17, 1987 File #60-2~ Mr. Joel M. SchZanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28683, amending and reor- daining certain sections of the 1986-87 General Fund Appropriation Ordinance, to provide funds for the purchase of certain word processing equipment, in the total amount of $13,040.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1987. Sincere Iy, Mary F. Parker, CMC City Clerk MFP: ra cc: Mr. W. Robert Herbert, City Manager Mr. Barry L. Key, Budget and Systems Mr. Kit B. Kiser, Director of Utilities and Operations Mr. George C. Sneado Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services Mr. William F. Clark, Director of Public Works Mr. James D. Ritchie, Director of Human Resources and Room 45~ /Wunlc~pol Building 215 (:33urch A,,,~nue, $.W. I~oanoke, VIn~lnla 240'1 t (703) 98'1-254'1 5A6 IN THE COUNCIL OF THE CITY OF ROANOKE, The 15th day of June, 1987. No. 28683. VIRGINIA, AN ORDINANCE to amend and reordain certain sections of the 1986-87 General Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1986-87 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations General Government Director of Administration & Public Safety (1) . Director of Public Works (2) .................. ].1[ Director of Human Resources (3) ................... Director of Utilities and Operations (4) .......... Fund Balance Capital Maintenance & Equipment Replacement Program - City Unappropriated (5) ............................ $ $6,896,733 92,705 69,232 140,702 102,387 664,256 (1) Furn. & Equip. ¢2) Furn. & Equip. (3) Furn. & Equip. (4) Furn. & Equip. (5) CMERP - City (001-050-1260-9005) $ 3,260 (001-052-1280-9005) 3,260 (001-054-1270-9005) 3,260 (001-056-1250-9005) 3,260 (X001-3332) (13,040) IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk OITY ...... Roanoke, Virginia June 15 , 1987 Honorable Mayor and City Council Roanoke, Virginia SUBJECT: BIDS ON WORD PROCESSING EQUIPMENT BID NUMBER 87-3-29 I concur with the recommendations of the Bid Committee relative the above subject and recommend it to your for appropriate action. Respectfull~submitted, W. Robert Herbert City Manager WRH/DDR/ms Roanoke, Virginia June 15, 1987 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: SUBJECT~ BIDS ON WORD PROCESSING EQUIPMENT BID NUlqBER 87-3-29 Iv BACKGROUND Ae Funds are designated in the Capital Maintenance and Equipment Replacement Program to purchase word processing equipment for the Directors' Office. Bm Request for Bids were sent specifically to sixteen (16) firms as shown on the City's current bid list. Bids were received, after due and proper advertisement, in the Office of the Manager of General Services, at 2:00 p.m., April 14, 1987, at which time all bids so received were publicly opened and read. Bid tabulation is attached. Pm The Commonwealth of Virginia, in accordance with the Virginia Public Procurement Act, has developed contracts for state requirements. Localities in the state have the authority to purchase under a current contract. A current state contract is available for I.BoM word processing equipment consisting of control consoles, keyboards, display terminals printers and appropriate word processing software. CURRENT SITUATION Ae Seven (7) bid responses were received. Bid tabulation, including current state contract price, is attached. All bids were evaluated and compared to Commonwealth of Virginia Contract units by representatives of the following departments: Administration and Public Safety Utilities and Operations Public Works Human Resources City Information Systems General Services Honorable Mayor and City Council Page 2 C. Evaluations are as follows: Lowest bid as submitted by Olivetti USA takes exceptions in screen adjustments, screen size, math functions, and some areas could not be validated by information provided with bid. The IoB.M word processin$ systems available under the current State Contract meet city specifications and are lower priced than the lowest responsive bid. III~ ISSL~S A. Need B. Compliance with Specifications C. Fund Availability III~ ALTERNATIVES Appropriate funds from the Capital Maintenance Equipment Replacement Program to provide for the purchase of new I.B.M. word processing equipment available on the current State Contract for a total amount of $13,040.OO as follows: 4 - New IBM System units/keyboards from Todays Computer Business Center for $6,568.00 4 - New IBM display and printing units from Bethco, Inc., for $5,220.00. Word processing software for above processors from Technology Services, Inc., for $1,252.00. Need - the requested equipment is necessary to provide increased efficiency and productivity. Compliance with Specifications - the equipment to be procured through the State Contract System meets all required specifi- cations. Fund Availability - funds are available in the Capital Maintenance and Equipment Replacement Program for this purchase. B. Reject all bids. 1. Need - equipment necessary to provide continued increase in efficiency and productivity could not be purchased. Honorable Mayor and City Council Page 3 2e Compliance with Specifications - would not be a factor in this alternative. 3. Fund Availability - designated funds would not be expended. V~ RECOI,~F. NDATION Council concur with Alternative "A" - appropriate $13,040.00 from the Capital Maintenance Equipment Replacement Program to provide for the purchase of new I.B.M. word processing equipment through the State Contract System as follows: 4 - New IBM system units/keyboards from Todays Computer Business Center for $6,568.00. 4 - New IBM display and printing units from Bethco, Inc., for $5,220.00. Word processing software for above processors from Technology Services, Inc., for $1,252.00. B. Recommended $3,260.00 - $3,260.00 - $3,260.00 - $3,260.00 - appropriation as follows: Administration & Public Safety - Account Number OO1-O50-1260 -9005. Director, Public Works - Account Number 001-O52-1280-9005. Director, Utilities and Operations - Account Number 001-056-1250-9005. Director, Human Resources - Account Number OO1-O56-1270-9005 Respectfully submitted, DDR/ms cc: Director of Finance City Attorney Budget & Systems Committee: 'George ~ Snead Kit B. Kiser D. Darwin Roupe Office c~ the City June 17, 1987 File #184-60 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28685, amending and reor- daining certain sections of the 1986-87 General and Internal Service Funds Appropriations, representing fourth quarter person- nel lapse funds, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1987. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra Enc. cc: Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Eric C. Turpin, Manager, Personnel Management Mr. Barry L. Key, Budget and Systems and Room 456 Munldpal Building 215 O~urch Avenue, S.W. Roanoke, Vl~lnla 240'11 (703) 98t-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Ihe ]5tb day of dune, 1987. No. 28685. AN ORDINANCE to amend and reordain certain sections of the 1986-87 General and Internal Service Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1986-87 General and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations City Council (1) ................................... City Clerk (2) ..................................... City Manager (3) ................................... Budget & Systems (4) ............................... City Attorney (5) .................................. Finance (6) ........................................ Commissioner of Revenue (7) ........................ Treasurer (8) .................................... Real Estate Valuation (9) .................... General Services (10) ........................ Municipal Auditor (11) ....................... Personnel Management (12) .................... Director of Human Resources (13) ............. Director of Public Works (14) ................ Registrar (15) ................................ Circuit Court (16) ............................ Clerk of Circuit Court (17) ..................... Sheriff (18) ..................................... Commonwealth's Attorney (19) ..................... Police - Investigation (20) ...................... Police - Patrol (21) .............................. $ 168,080 222,755 334,180 122,331 397,640 1,228,677 808 909 535 669 585 577 366 220 326580 481980 135942 70172 141.082 77.794 647.326 1,010,238 482,514 1,505,996 4,979,524 Police - Services (22) ........................... Police - Training (23) ........................... Fire - Administration (24) ....................... Fire - Prevention (25) ....................... Fire - Suppression (26) ................... Jail (27) ................................ Juvenile Detention Home (28) .......... Outreach Detention (29) ............... Juvenile Probation House (30) ......... Crisis Intervention Center (31) ....... Building Inspections (32) ............. Emergency Services (33) ...................... Animal Control (34) ............................ Street Maintenance (35) ........................... Communications (36) ............................... Signals & Alarms (37) ......................... Refuse Collection (38) ...................... Custodial Services (39) ................... Engineering (40) .......................... Public Works General Services (41) ...... Building Maintenance (42) ................. Grounds Maintenance (43) .............. ~ .... Social Services - Administration (44) ......... Food Stamp Authorization (45) ..................... Social Services - Income Maintenance (46) ......... Social Services - Services (47) ................... Social Services - Employment Services (48) ........ Nursing Home (49) ................................. Parks & Recreation (50) .......................... Libraries (51) ................................... Community Planning (52) .......................... Economic Development & Grants (53) ............... Salary Lapse (54) ................................ Payroll Accrual (55) ............................. $ 1,208 209 179 958 219 653 235 105 7,146 700 2,679 533 542 802 136 578 268 296 300044 466,566 168,466 214453 2,059 599 868,483 560,679 3,062,249 810,725 937,743 84,556 2,575,324 2,471,673 715,386 415217 2,353917 3,604 468 360180 979 764 1,101 966 1,468 651 237 869 154 569 0 150,000 Revenue Sheriff (56) ..................................... Juvenile Facilities Block Grant (57-59) .......... Crisis Intervention Center (60) .................. Food Stamp Authorization (61) .................... Social Services Income Maintenance (62) ........ Social Services Services (63) .................. Social Services - Employment Services (64) ........ 748,838 886,131 10 324,400 2,007,914 3,088,913 347,558 Internal Service Fund Appropriations Management Services (65) ........................... Motor Vehicle Maintenance (66) ..................... 381,227 1,652,590 (1) (2) (3) (4) (5) (6) (7) (8) (9) (lO) (11) (12) (13) (14) (15) (16) (17) (18) (i9) (20) (21) (22) (23) (24) (25) (26) (27) Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries (001-001-1110-1002) (001-001-1120-1002) (001-002-1211-1002) (001-002-1212-1002) (001-003-1220-1002) (001-004-1231-1002) (001-022-1233-1002) (001-020-1234-1002) (001-022-1235-1002) (001-050-1237-1002) (001-005-1240-1002) (001-050-1261-1002) (001-054-12)0-1002) (001-052-1280-1002) (001-010-1310-1002) (001-072-2110-1002) (001-028-2111-1002) (001-024-2140-1002) (001-026-2210-1002) (001-050-3112-1002) (001-050-3113-1002) (001-050-3114-1002) (001-050-3115-1002) (001-050-3211-1002) (001-050-3212-1002) (001-050-3213-1002) (001-024-3310-1002) $ 201 ( i,500) ( i,500) 45O 666 1,639 ( i,500) ( 2,400) (2,500) ( i,9oo) 4,265 ( 2,000) ( i,500) 4,200 95 ( i,iO0) ( 4 500) 6 304 ( 9 500) 7 244 (108 000) 13 701 ( 400) 1,572 349 (34,000) (9,ooo) (28) Regular Employee Salaries (29) Regular Employee Salaries (30) Regular Employee Salaries (31) Regular Employee Salaries (32) Regular Employee Salaries (33) Regular Employee Salaries (34) Regular Employee Salaries (35) Regular Employee Salaries (36) Regular Employee Salaries (37) Regular Employee Salaries (38) Regular Employee Salaries (39) Regular Employee Salaries (40) Regular Employee Salaries (41) Regular Employee Salaries (42) Regular Employee Salaries (43) Regular Employee Salaries (44) Regular Employee Salaries (45) Regular Employee Salaries (46) Regular Employee Salaries (47) Regular Employee Salaries (48) Regular Employee Salaries (49) Regular Employee Salaries (50) Regular Employee Salaries (51) Regular Employee Salaries (52) Regular Employee Salaries (53) Regular Employee Salaries (54) Salary Lapse (001-054-3320-1002) (001-054-3330-1002) (001-054-3350-1002) (001-054-3360-1002) (001-052-3410-1002) (001-050-3520-1002) (001-050-3530-1002) (001-052-4110-1002) (001-052-4130-1002) (001-052-4160-1002) (001-052-4210-1002) (001-052-4220-1002) (001-052-4310-1002) (001-002-4320-1002) (001-052-4330-1002) (001-050-4340-1002) (001-054-5311-1002) (001-054-5312-1002) (001-054-5313-1002) (001-054-5314-1002) (001-054-5316-1002) (001-054-5340-1002) (001-050-7110-1002) (001-054-7310-1002) (001-052-8110-1002) (001-002-8120-1002) (001-002-9410-1090) $ 14,846 6,517 ( 700) (5,800) 325 332 219 (15,525) (2o,ooo) ( 6,000) (30,000) ( 1,600) (26,000) 1,000) 8,000) 13,292) 2,684 3,000) 19,000) 5O,OOO) ( 7,500) ( 5,500) (16,000) ( 6,000) ( 6,000) 850 162,500 (55) Payroll Accrual (56) Sheriff (57) Juvenile Det. Home (58) Outreach Der. (59) Juvenile Probation House (60) Crisis Interven. Center (61) Food Stamp Authorization (62) Social Services - Income Mainten. (63) Social Services - Services (64) Social Services - Empl. Services (65) Regular Employee Salaries (66) Regular Employee Salaries 001-004-9110-1099) 001-020-1234-0611) 001-020-1234-0652) 001-020-1234-0652) (001-020-1234-0652) (001-020-1234-0655) (001-020-1234-0622) (001-020-1234-0620) (001-020-1234-0621) (001-020-1234-0626) (006-002-1617-1002) (006-052-2641-1002) $ 150,000 6,304 11,877 5,214 ( 560) (4,640) ( 2,400) (14,126) (38,927) (6,ooo) 5,000 ( 5,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk June 15, 1987 TO: FROM: SUBJECT: Honorable Mayor and Members of Joel M. Schlanger Fourth Quarter Personnel Lapse City Council The 1987 fiscal year General Fund budget includes $650,000 of anticipated lapse of salary and wages. The majority of changes on the attached budget ordinance will reduce departmental salary budgets and decrease the budgeted lapse account by the same amount. The total salary lapse remaining will be as follows: Original budgeted amount First quarter lapse realized Second quarter lapse realized Third quarter lapse realized Fourth quarter lapse realized Total Unrealized $ 650,000 (162,500) (162,500) (162,500) (162,500) In addition to the $650,000 budgeted amount, an additional $150,000 of lapse has been identified. This is being transferred to a non-departmental account to fund the payroll expense accrual at the end of fiscal year 1987. The payroll expense accrual currently recorded will be increased by approximately $150,000 because time worked for June 30, due to standard pay period cutoff, is not payable until July of fiscal Honorable Mayor Page 2 June 15, 1987 and Members of City Council year 1988. We recommend the adoption of the attached ordinance. City Manager JMS/WRH/kp Office cf the City Cle~ June l?, 1987 File #60-184 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28686, amending and reor- daining certain sections of the 1986-87 General and Internal Service Funds Appropriations, with regard to funds for fringe benefits for certain City departments, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1987. Sincerely, Mary F. Parker, CMC City Cterk MFP:ra cc: Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Eric C. Turpin, Manager, Personnel Management Mr. Barry L. Key, Budget and Systems and Room 456 Municipal Building 215 O'~urch A~ue, S.W. I~ke, ~rg~la 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1987. No. 28686. AN ORDINANCE to amend and reordain certain sections of the 1986-87 General and Internal Service Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1986-87 General and Internal Service Funds Appropriations~ be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations City Clerk (1) ..................................... City Manager (2-3) ............................... Real Estate Valuation (4) ...................... Sheriff (5-7) ................................. Jail (8-10) ................................... Commonwealth Attorney (11-12) ................ Clerk of Circuit Court (13-14) ............ Personnel Management (15) ................. Police Investigation (16) ................ Police Patrol (17-19) ................... Police Services (20) .................... Fire Prevention (21) .................... Fire Suppression (22-25) ................ Fire Training (26) ....................... Emergency Services (27) .................... Animal Control (28) ................... Grounds Maintenance (29-32 ..................... Parks and Recreation (33) ......................... Street Maintenance (34-36) ........................ Communications (37-39) ............................. Refuse Collection (40-41) .......................... Custodial Services (42-43) ......................... Engineering (44) ................................... $ 227,471 342,528 591,300 1,007,403 2,724,986 493,935 661,465 484,601 1,499,454 5,115,347 1,196,182 235,323 7,246,338 59,544 168,697 214,828 2,506,391 1,122,822 2,080,077 894,047 3,099,998 813,638 966,452 Building Maintenance (45-48) ....................... Director of Human Resources (49) ................... Juvenile Detention Home (50-51) .................... Crisis Intervention (52) ........................... Social Services - Administration (53) .............. Income Maintenance (54) ............................ Social Services - Services (55) .................... Nursing Home (56-59) ............................... Circuit Court (60) ................................. Residual Fringe Benefits (61-65) ................... $ 2,604,829 140,428 529,284 306,608 715,132 2,373,535 3,665,067 992,923 79,758 288,934 Internal Service Fund Appropriations Motor Vehicle Maintenance (66-68) .................. City Information Systems (69) ...................... Residual Fringe Benefits (70-72) ................... (1) Termination Leave Wages (2) ICMA RC Retire- ment (3) Termination Leave Wages (4) ICMA RC Retire- ment (5) Hospitalization Insurance (6) W/C Wages (7) W/C Medical (8) Hospitalization Insurance (9) Termination Leave Wages (10) W/C Medical (11) Hospitalization Insurance (12) Termination Leave Wages (13) Termination Leave Wages (14) W/C Wages (15) Hospitalization Insurance (16) Hospitalization Insurance (17) Termination Leave Wages (18) W/C Wages (19) W/C Medical (20) Hospitalization Insurance (001-001-1120-1105) $ 3,216 (001-002-1211-1115) 3,942 (001-002-1211-1105) 2,906 (001-022-1235-1115) 3,223 (001-024-2140-1125) 1,836 (001-024-2140-1135) 1,037 (001-024-2140-1140) 596 (001-024-3310-1125) 3,675 (001-024-3310-1150) 2,623 (001-024-3310-1140) 30,155 (001-026-2210-1125) 567 (001-026-2210-1150) 1,354 (001-028-2111-1150) 3,557 (001-028-2111-1135) 6,082 (001-050-1261-1125) 621 (001-050-3112-1125) 702 (001-050-3113-1150) 2,163 (001-050-3113-1135) 7,271 (001-050-3113-1140) 18,389 (001-050-3114-1125) 1,674 $ 1,664,767 1,834,043 14,604 (21) Hospitalization Insurance (22) Hospitalization Insurance (23) Termination Leave Wages (24) W/C Wages (25) W/C Medical (26) Hospitalization Insurance (27) W/C Medical (28) Hospitalization Insurance (29) Hospitalization Insurance (30) Termination Leave Wages (31) W/C Wages (32) W/C Medical (33) Termination Leave Wages (34) Termination Leave Wages (35) W/C Wages (36) W/C Medical (37) Termination Leave Wages (38) Hospitalization Insurance (39) W/C Medical (40) Termination Leave Wages (41) W/C Wages (42) W/C Wages (43) W/C Medical (44) Termination Leave Wages (45) Hospitalization Insurance (46) Termination Leave Wages (47) W/C Wages (48) W/C Medical (49) Termination Leave Wages (50) Termination Leave Wages ~(51) W/C Medical (52) Termination Leave Wages (53) Hospitalization Insurance (54) Termination Leave Wages (001-050-3212-1125) $ 567 (001-050-3213-1125) 2,754 (001-050-3213-1150) 6,093 (001-050-3213-1135) 11,367 (001-050-3213-1140) 45,424 (001-050-3214-1125) 594 (001-050-3520-1140) 563 (001-050-3530-1125) 594 (001-050-4340-1125) 1,458 (001-050-4340-1150) 853 (001-050-4340-1135) 9,913 (001-050-4340-1140) 9,202 (00!-050-7110-1150) 4,856 (001-052-4110-11~0) 2,455 (001-052-4110-1135) 1,149 (001-052-4110-1140) 1,349 (001-052-4130-1150) 1,924 (001-052-4130-1125) 2,754 (001-052-4130-1140) 886 (001-052-4210-1150) 603 (001-052-4210-1135) 7,146 (001-052-4220-1135) 671 (001-052-4220-1140) 642 (001-052-4310-1150) 2,709 (001-052-4330-1125) 567 (001-052-4330-1150) 1,248 (001-052-4330-1135) 2,040 (001-052-4330-1140) 17,650 (001-054-1270-1150) 2,986 (001-054-3320-1150) 528 (001-054-3320-1140) 800 (001-054-3360-1150) 764 (001-054-5311-1125) 2,430 (001-054-5313-1150) 618 (55) Termination Leave Wages (56) Termination Leave Wages (57) Hospitalization Insurance (58) W/C Wages (59) W/C Medical (60) Hospitalization Insurance (61) City Retirement (62) Hospitalization Insurance (63) Termination Leave Wages (64) W/C Wages (65) W/C Medical (66) W/C Wages (67) W/C Medical (68) Termination Leave Wages (6~) Termination Leave Wages (70) W/C Wages (71) W/C Medical (72) Termination Leave Wages (001-054-5314-1150) $ 10,599 (001-054-5340-1150) 1,166 (001-054-5340-1125) (001-054-5340-1135) (001-054-5340-1140) 1,323 3,159 2,011 (001-072-2110-1125) 864 (001-004-9110-1105) ( 7,165) (001-004-9110-1125) ( 22,980) (001-004-9110-1150) ( 53,221) (001-004-9110-1135) ( 49,835) (001-004-9110-1140) (127,667) (006-052-2641-1135) 2,305 (006-052-2641-1140) 1,387 (006-052-2641-1150) 3,485 (006-050-1601-1150) 4,500 (006-004-9111-1135) ( 2,305) (006-004-91'11-1140) ( 1,387) (006-004-9111-1150) ( 7,985) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk CITY OF ROANOKE* VA, ITY ',_'' i :: 'ri' :' June 15, 1987 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Transfer of Appropriations for Fringe Benefits The Service Fund budgets gory for payment wages and medical are budgeted in fiscal year 1986-87 General Fund and Internal included funds in the non-departmental cate- of termination leave and workman's compensation expenses. These three types of fringe benefits the non-departmental category because annual charges to each department are difficult to accurately project. The actual costs are charged to the applicable department in an- ticipation of periodic budget transfers to cover these costs. In addition some transfers between departments are needed to redis- tribute funds for hospitalization insurance and retirement. The attached budget ordinance transfers funds from the · non-departmental category to applicable departmental budgets and redistributes funds between departments to cover actual costs. A summary of the total transfers is as follows: Workman's Compensation Wages Workman's Compensation Medical Termination Leave Pay Hospitalization Insurance Retirement Total General Fund $ 49,835.00 127,667.00 53,221.00 22,980.00 7,165.00 $260,868.00 Internal Service Fund $ 2,305.00 1,387.00 7,985.00 $11~677.00 Honorable Mayor Page 2 June 15, 1987 and Members of City Council recommend the attached ordinance for your approval. JMS/kp June l?, 1987 File #60-318 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28687, amending and reor- daining certain sections of the 1987-88 General Fund Appropriations, appropriating funds for qualified agencies through the Citizens' Services Corrgnittee, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1987. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra Enc. cc: Mr. Mr. W. Robert Herbert, James D. Ritchie, City Manager Director of Human Resources P~om456 Munlcil~alBuildina 215Q'~la~AYet~e,$.W. Roanoke, Vlrainia2~,011 (703)981-2541 June l?, 1987 File #60-318 Mr. Richard Dickson ARC/CHD Industries P. 0. Bo~ 6157 Roanoke, Virginia 2~017 Dear Mr. Dickson: I am enclosing copy of Ordinance No. 28687, amending and reor- daining certain sections of the 1987-88 Genera~ Fund Appropriations, appropriating funds for qualified agencies through the Citizens' Services Committee, which Ordinance was adopted by the Councii of the City of Roanoke at a regular meeting held on Monday, June 15, 1987. Sincerely, .~~ Mary F. Parker, CMC City Clerk MFP:ra Enc. P, OOm456 M~nlcllXlll~ildlng 215Chur~Ave~.S.W. Roano/,~,Vlrg/nlo24011 (703)98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1987. No. 2868T. AN ORDINANCE to amend and reordain certain sections of the 1987-88 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE Roanoke that certain Appropriations, be, reordained, to read IT ORDAINED by the Council of the City of sections of the 1987-88 General Fund and the same are hereby, amended and as follows, in part: Appropriations Health & Welfare Citizen's Services Committee (1-24) ................ Health Department (25) ............................. General Government Director of Human Resources (26) ................ Public Safety Rescue Squads (27) .................... (1) Subsidies (2) Family Service Protective Svc. (3) Free Clinic (4) League of Older Americans (5) Roanoke Area Ministries (6) Roanoke Neigh- borhood Alliance (7) RADAR (8) Assoc. for Re- tarded Citizens (9) Bethany Hall (001-054-5220-3700) $(360,055) (001-054-5220-3720) 32,200 (001-054-5220-3721) 16,500 (001-054-5220-3722) 21,500 (001-054-5220-3723) 22,000 (001-054-5220-3724) 2,500 (001-054-5220-3725) 22,200 (001-054-5220-3726) 44,600 (001-054-5220-3728) 7,500 $10,427,205 223,355 952,342 6,746,746 123,960 22,670,949 100,000 (10) Big Brothers/Big Sisters (001-054-5220-3729) $ 4,000 (11) Child Abuse & Neglect (001-054-5220-3730) 2,500 (12) CORD (001-054-5220-3731) 1,750 (13) Info. & Referral (001-054-5220-3732) 5,100 (14) Blue Ridge MS (001-054-5220-3733) 1 200 (15) NW Child Develop- ' ment (001-054-5220-3734) 9,200 (16) Roanoke Symphony Society (001-054-5220-3736) 5,000 (17) Roanoke Valley Arts Council (001-054-5220-3737) 3,600 (18) Roanoke Valley Speech & Hearing (001-054-5220-3738) 1,700 (19) TRUST (001-054-5220-3740) 4,000 (20) Western VA Emerg. Medical Svcs. (001-054-5220-3741) 6,055 (21) Youth Support Services (001-054-5220-3742) 800 (22) Harrison Heritage Center (001-054-5220-3743) 7,450 (23) Inner City Athletic Assoc. (001-054-5220-3744) 1,000 (24) West End Commun. Center (001-054-5220-3745) 1,000 (25) Especially for You (001-054-5110-3727) 8,000 (26) Fees for Prof. Services (001-054-1270-2010) 28,700 (27) Subsidies (001-050-3260-3700) 100,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk R~C~, Ec C!T~ m, ~-~ .... ~', - June 15, 1987 Roanoke, Virginia Honorable Mayor and City Council Roanoke, Virginia Members of City Council: SUBJECt: REC~ENDATIONS OF CItIZeNS' SERVICES C(~4HITTEE FOR I~IrNDING OF qUALIFIED AGENCIES I. BACKGROUND Au The Citizens' Services Committee budget was established by City Council, Ordinance #28632 by which the General Fund Budget for FY 87-88 was adopted on May 11, 1987. Public notice of the opportunity for agencies to file applications to the committee for City funds was published in local newspapers on February 15, 19, 22, and 26, 1987 with an application deadline of March 13, 1986. C. Thirty requests in the total amount of $653,864 were received from various agencies. Do Individual study of each application was made by committee members, and public hearings were held April 8 and 10, 1987 to consider the requests and hear applicants. go A~encies were notified of tentative allocation recommendations and advised they could appeal the committee's tentative recommendations. II. CURRENT SITUATION A° The budget for FY 87-88 approved by City Council for the Citizens' Services Committee provides for level funding in the amount of $360,055. In 1981 members of the Citizens' Services Committee adopted a plan by which performance audits were made of each agency receiving funds through the committee. These audits are used to evaluate the effectiveness and efficiency of funded programs. Citizens' Services Committee is again requesting that funds in the amount of $7,500 be transferred to the Director of Human Resources budget upon approval of City Council to cover monitoring expenses. Performance audits will again be made by the Council of Community Services in conjunction with the City's Directorate of Human Resources. 2. Performance audits were adopted to insure City funds are being used for the purpose for which they are requested and to further assure that citizens of the City are benefiting from their use. 3. The committee was pleased with the contents and accuracy of the audits performed during the past year. D. Agencies applying for funds through the Citizens' Services Committee are asked to submit a budget by objective and activity. 1. A~ency plan of objectives and activities to be accomplished with City funding. 2. Total agency budget and amount of funds generated to the agency by City funding. E. The attached schedule shows the amount of funds recommended for Go allocation to the various agencies. 1. Most agencies are funded at much less than their request. 2o Recommended amounts of funding reflect the best judgment of the co,m~ittee in serving the citizens of the City of Roanoke through these programs. Citizens' Services Committee has withheld an amount of $8,000 from its total recommended allocations and is requesting City Council to again appropriate this amount to the Roanoke City Health Department to continue operation of the program, "Especially For You", concerning family planning/sex education as an in-school curriculum of the Home Economics Department. Committee deliberations in detail are contained in minutes of the meetings which are filed with the City Clerk. Appeals of committee recommendations as provided by Council policy were received after proper notification to each agency of their tentative recommended allocation. Three appeals were filed--the West End Community Center, the Free Clinic of the Roanoke Valley, and the Harrison Heritage and Cultural Center. These appeals were heard on May 20, 1987. The West End Community Center requested an appeal for funding of their program to provide after school and summer activities (which includes a hot lunch) for "latch key" children in the Southwest inner city area between 5th and 21st Streets. The committee voted a tentative allocation of $1,000 designated for the meal program. 3 3o The Free Clinic of Roanoke Valley requested an appeal for reconsideration of funds because of the increased number of patients and need for prescription drugs. The committee by motion voted an additional $1,000 to their tentative allocation. The Harrison Heritage and Cultural Center requested an appeal for reconsideration of funds to help offset operational expenses of the center. The committee by motion voted an additional $1,950 to their tentative allocation. J. The Association for Retarded Citizens/CHD Industries and Tinker Mountain Industries were again funded jointly since both perform similar services. Members of the Citizens' Services Committee continue to feel the Association for Retarded Citizens should be an advocate for Roanoke City residents in both agencies and funding was recommended in the amount of $44,600 to the Association for Retarded Citizens to be shared with Tinker Mountain Industries. 2o The formula used in the past which is based on the number of City residents served and is acceptable to the Citizens' Services Committee for sharing the funds will be used. K. The Citizens' Services Committee allocated $1,000 for the Inner City Athletic Association designated through the Community Organization for Research and Development (CORD) because of the shared purpose of providing recreational sports programs for children of low- income families. L. The Citizens' Services Committee recommended funding of $100,000 for the rescue squads (Hunton Life Saving, Roanoke Life Saving, and Williamson Road Life Saving) through the budget of Emergency Services due to the possible merger of the rescue squads and to provide more coordination in the use of the funds. The Citizens' Services Cormmittee recommended funding of $22,200 designated for RADAR (Unified Human Service Transportation Systems) through the Valley Metro budget in order that they may receive credit for providing transportation for the handicapped. N. The committee is unable to set aside funds for emergencies in the coming year. III. RECOMMENDATIONS mo City Council concur in the funding of the agencies and in the amounts recommended by the Citizens' Services Committee as shown on the attached schedule. City Council authorize the Chairman of the Citizens' Services Committee and the Director of Finance to not release funds to any agency until objectives, activities, and other reasonable requests of the evaluation team are submitted and accepted. 4 Transfer $7,500 from the Citizens' Services Committee Budget, ~001-054-5220-3700, Contributions, to Director of Human Resources, #001-054-1270-2010, for payment of performance audits. Transfer $8,000 from the Citizens' Services Committee Budget, #001-054-5220-3700, Contributions, to the Roanoke City Health Department as a line item in the Health Department Budget, #001-054-5110-3727. mo Transfer $17,500 from Citizens' Services Committee Budget, #001-054-5220-3700, Contributions, to Director of Human Resources, Fees for Professional Services, #001-054-1270-2010, for payment of services for the Homeless Housing Program and/or Abused Women's Shelter as provided to City citizens by the Salvation Army. Fo Authorize the City Manager or his designee to negotiate a contract for the sum of $17,500 with the Salvation Army for the provision of services to City citizens under the Homeless Housing Program and/or Abused Women's Shelter. Council will be asked to authorize the execution of the contract after it has been negotiated. Transfer $22,200 from the Citizens' Services Committee Budget, #001-054-5220-3700, Contributions, to Valley Metro designated for RADAR Unified Human Services Transportation Systems). Transfer $100,000 from the Citizens' Services Committee Budget, ~001-054-5220-3700, Contributions, to an account to be established by the Finance Department for Contributions to Rescue Squads. pectfully submitted, Cit~ns' Services Committee Robbie Hunt Burton, Vice Chairman Raleigh Campbell Stanley Hale Bernice Jones Harold Kyle Charles Walker JDR/slw CC: W. Robert Herbert, City Manager Wilburn Dibling, City Attorney Joel Schlanger, Finance Director o 0 o o 0 o 0 0 o 0 0 0 0 June 17, 1987 File #51 Mr. Daniel F. Layman, Jr. Attorney P. 0. Box 720 Roanoke, Virginia 24004 Dear Mr. Layman: I am enclosing copy of Ordinance No. 28666, rezoning a certain tract of land located on the north side of Shenandoah Avenue, N. W., between Old Stevens Road and Westside Boulevard, N. containing 5.11 acres, more or less, designated as Official Tax No. 2732201, from RS-2, Single Family Residential District, to C-2, General Commercial District, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, June 8, 1987, also adopted by the Council on second reading on Monday, June 15, 1987, and will take effect ten days following the date of its second reading. Sincerely, '~4~.~.~ Mary F. Parker, CMC City Clerk MFP:ra Enc. cc: Mr. and Mrs. Joseph Mays, 3856 Roiling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Milton Jones, 3852 Roiling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Leslie Reynolds, 3846 Roiling Hill Avenue, N. W., Roanoke, Virginia 24017 Ms. Charlotte R. Elkins, 1943 Maylin Drive, Salem, Virginia 24153 Mr. and Mrs. Eugene Lamar, 3834 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 456 Municipal Building 215 (~urch Avenue, $.W. Roanc~e, 'Virginia 24011 (703) 98'l-254t Mr. Daniel F. Page 2 June l?, 1987 Layman, Jr. cc: Mr. and Mrs. James Peete, 3828 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. Donovan L. Franklin, 3822 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Samuel Pierson, 943 35th Street, N. W.~ Roanoke, Virginia 24017 Mr. and Mrs. Anthony Wallace, 3808 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Clyde G. Roland, 3802 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. Harvey S. Lutins, Trustee, P. 0. Box 1282, Roanoke, Virginia 24006 C & W Associates, c/o Mr. Edward L. Corson, III, 3519 Verona Trail, S. W., Roanoke, Virginia 240~8 Mr. Frank R. Radford, 3421 Shadblow Lane, S. W., Roanoke, Virginia 24014 Shenandoah Investors, Ltd., c/o Mr. David A. Dean, 2302 Colonial Avenue, S. W., Roanoke, Virginia 24015 Roanoke Electric Steel Corporation, cio Mr. Don Smith, P. 0. Box 13948, Roanoke, Virginia 24034 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Susan S. Goode, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William M. Itackworth, Assistant City Attorney Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Chief of Community Planning Mr. John E. Merrithew, Agent, City Planning Commission Ms. Martha P. Franklin, Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF RO. MqOKE, The 15th day of June, 1987. No. 28666. VIRGINIA, AN ORDINANCE to amend §§36.1-3, Code as amended, and Sheet No. 273, Sectional 1976 Zone Map, City Roanoke, to rezone certain property within the City, subject rain conditions proffered by the applicant. of the City of Roanoke (1979), of to cer- WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rszoned from RS-2, Residential Single-Family District, to C-2, Ceneral Commercial District, sub]est to certain conditions proffered by the applicant; and WHEREAS, notice to all the City Planning Commission, which after giving proper concerned as required by §36.1-693, Code of the City of Roanoke (1979). as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on June 8, 1987, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 273 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land on the north side of Shenandoah Avenue, N.W., between Old Stevens Road, N.¥~., and Westside Boulevard, N.W., containing 5.11 acres, more or less, designated on Sheet No. 273 of the Sectional 1976 Zone Map, City of Roanoke, as Officia! Tax 2732201 be, and is hereby rezoned from RS-2, Residential Single-Family District, to C-2, General Commercial District, subject to those conditions proffered by and set forth in the Petitioner's Second Amended Petition for Rezoning filed with the City Clerk on May 12, 1987, and that Sheet No. 273 of the Zone Map be changed in this respect. ATTEST: City Clerk. June 2, 1987 Members of Roanoke City Council, C/O City Clerk, Room 456, Municipal Building, Roanoke, Virginia 24011 Dear Council Members: We have been notified that there will be a public hearing on June 8, 1987 at 7:30 P. M. concerning the re- zoning of a tract of land on the north side of Shenandoah Avenue, N. W. between Old Stevens Rd. and Westside Blvd. from RS-2 to C-2. We regret very much that we will not be able to attend this meeting due to a prior commitment, but would, in this way, like to express our feelings on this rezoning, and respectfully ask that you consider our views. We live at 3802 Rolling Hill Ave. N. W. which is directly adjacent to the tract of land which is in question, and we are much in favor of this rezoning. We appeared before the Zoning Board and ask that this land be rezoned to allow the construction of the food store and other small shops. This is valuable land which has been idle for a long time, and will not stay idle forever. We much prefer to have a shopping area here, than low rent housing or other things which might be objectionable and be a menace to the neighborhood. We feel this neighborhood shopping center is needed in this area, and will be an asset to it. Therefore, we respectfully ask that you vote to rezone this property from RS-2 to C-2. Thank you for your consideration. Very truly, Clyde G. Roland Mildred G. Roland Phone: 343-8781 Roanoke City Planning Commission June 8, 1987 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SubJect: Request from CBL Management, Inc., that a certain tract of land located on the north side of Shenandoah Avenue, N.W., between Old Stevens Road, N.W. and Westside Boulevard, N.W., and designated as Official Tax No. 2732201 be rezoned from RS-2, Single Family Residential District to C-2, General Commercial District. I. Back~round: mJ Purpose of rezoning request is to construct a small, neighborhood shopping center. A preliminary development plan has been submitted and is attached for your review. Petition to rezone was filed on 4/15/87. Petition was unconditional. Staff met with petitioner on 4/23/87 and requested additional information on preliminary grading, more specific information on flood plain location, and residential buffering. Consideration also was to be given to zoning conditions which addressed use of the property. Amended petition to rezone was filed on 4/28/87. Revised development plan was submitted. Proffered conditions are: The property will be used only for a neighborhood shopping center consisting of a supermarket, drug store and retail shops. If construction of a neighborhood shopping center on the property has not commenced within five (5) years from the date of adoption of the ordinance rezoning the tract, the zoning classification will revert to RS-2, Single Family Residential District, or the equivalent classification then in effect. I~om 355 Municipal Building 215 Church Avenue, 5.W. Roanoke, Virginia 24011 (703) 981-2344 II. Current Situation: Public hearing was held on May 6. Planning staff recommended in favor of the request. Second amended petition was submitted on May 12 and includes the following conditions: The property will be used only for a neighborhood shopping center including a supermarket and retail shops but excluding a fast food restaurant or gasoline service station. If construction of a neighborhood shopping center on the property has not commenced within five (5) years from the date of adoption of the ordinance rezoning the tract, the zoning classification will revert to RS-2, Residential Single Family District, or the equivalent classification then in effect. The row of existing large pine trees along Old Stevens Road and the eastern portion of the north boundary line of the property will remain undisturbed except those from the proposed entrance/exit on Old Stevens Road to Shenandoah Avenue. Petitioner will erect a six-foot high chain link fence with slats along the entire north boundary line of the property and will in addition plant a staggered row of evergreen trees on ten-foot centers within the ten-foot buffer area along the north boundary line. III. Issues: Zoning is presently RS-2. Zoning on this side of Shenandoah Avenue is residential, RS-2 to the east, and RG-1 to the west. Directly across the street, zoning is C-2 and conditional LM (rezoned in 1986 for small mini-warehouse project). Land use of property is vacant. Adjacent properties are single-family homes. Property on the other side of Old Stevens Road is also vacant. Property across Shenandoah Avenue has been developed for small commercial uses (convenience store and vacant building). Future development is proposed for 12,000 square feet of mini-warehouses (zoning reverts back to C-2 in October, 1987 if not constructed). Two residents spoke in opposition to the shopping center. Main concerns related to traffic in the residential neighborhood, commercial encroachment into the area, and the large number of shopping malls already in the City. One resident, and several Commissioners, discussed the need to make the project compatible with the neighborhood. Suggested ideas include increased buffering on the north side; fencing the retention pond to protect children; and providing a pedestrian walkway along Shenandoah Avenue and Westside Boulevard. The petitioner agreed to investigate these ideas and also to reconsider the appearance of the side of the shopping center which faces Westside Boulevard. Utilities for water and sewer are available. Storm water management would have to be handled on site. A drainage ditch along Shenandoah Avenue and pipe under Westside Boulevard currently provide drainage from Shenandoah Avenue and the area to Peters Creek. Drainage problems with the ditch and pipe culvert presently exist. The 100-year flood plain for Peters Creek is located along the western and southern edges of the property. No building is proposed within the flood plain. Traffic on Shenandoah Avenue averages 12,400 vehicles per day and is operating at an acceptable level of service. The 1995 Transportation Plan for the Roanoke Valley indicates potential widening of Shenandoah Avenue to a four-lane highway (90 foot right-of-way). The proposed widening is in the "ultimate stage" for consideration and is not envisioned to be undertaken within the next 20 years. Peters Creek Road Extension may result in some limited improvements to Shenandoah Avenue in the future. Old Stevens Road serves the Wilmont Farms subdivision and is frequently used for through traffic from Salem Turnpike to Shenandoah Avenue. Neighborhood on this side of Shenandoah Avenue is single- family residential. There is no established neighborhood organization in the community. The petitioners have indicated they will be contacting adjacent residents to discuss the project. F. Comprehensive Plan recommends that: Development of small neighborhood shoppin~ areas to serve the needs of area residents should be encouraged. Priority should be given to areas where needed comm~ercial services are not provided currently. Regulations should ensure that neighborhood commercial uses are in keeping with the neighborhood's character. Chan~es in land use in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. IV. Alternatives: A. Approve the rezoning request. Be Zonin~ becomes conditional C-2. Proffered conditions restrict development of the property to a neighborhood commercial shopping center. Should construction of the center not be undertaken within five years, the zoning will revert to RS-2. Zonin~ is consistent with other zoning patterns on Shenandoah Avenue. Land use becomes commercial. Adjacent residential properties would be buffered by grade separations, required screening (10 foot minimum landscaped or fenced area) and existing vegetation where it could be preserved. Land use is consistent with commercial uses along Shenandoah Avenue. Petitioner has responded to requests by residents to preserve existing trees and provide additional buffering (See proffered conditions). Petitioner has also agreed to work with City staff to address additional site design issues. Utilities for water and sewer are accessible. Storm water management is proposed on site using a detention area adjacent to Wests,de Boulevard. There would be n_~o buildings constructed within the 100-year flood plain. Drainage improvements along Shenandoah Avenue could be undertaken as part of the project, as a deceleration lane on Shenandoah Avenue would be required to accommodate traffic entering the center. Traffic to and from the development is estimated to be about 5,000 vehicles per day. Of this 5,000, approximately 3,750 new vehicle trips per day would be generated since some of the traffic utilizing the center would already be existing. It is estimated that 75 percent of the traffic to and from the center will use Shenandoah Avenue (3,750) and that 25 percent will use Old Stevens Road (1,250). Of the traffic using Old Stevens Road, it is estimated that 640 vehicles would be new, non-neighborhood traffic using Old Stevens Road as a short cut from Salem Turnpike. Both Shenandoah Avenue and Old Stevens Road can accommodate the increased traffic. Once Peters Creek Road has been extended (early 1990s), traffic would probably use the new road for access. Neighborhood would be enhanced by new shopping opportunities. Investment in this portion of Shenandoah Avenue would be beneficial to the comm~unity. Residences on Rolling Hill Avenue can be screened and buffered through landscaping and grade separation. Comprehensive Plan is followed. Neighborhood shopping center is needed. The proposed development would be compatible with the neighborhood and would enhance community development. B. Deny the rezoning request. 1. Zonin~ remains RS-2. 2. Land use restricted to residential. 3. Utilities are not an issue. 4. Traffic not affected. 5. Neighborhood not affected. 6. Comprehensive Plan could be followed. V. Recommendation: By a vote of 6-0 (Mr. Waldvogel absent), the Planning Commission recommended approval of the rezoning request. The proposed development of a neighborhood shopping area is consistent with planning goals for Shenandoah Avenue, especially with regard to discouraging continued strip development and considering the future extension of Peters Creek Road. The development can be an asset to the neighborhood and be beneficial to continued investment and redevelopment in the area. Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission ESG:JEM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Petitioner VIRGINIA: '87 ?'J¥12 IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: ) ) Rezoning of a tract of land lying) on the north side of Shenandoah Avenue, N.W. between Old Stevens Road, N.W. and West Side Boule- vard, N.W. from RS-2, Single Family Residential District, to C-2, General Commercial District SECOND AMENDED PETITION FOR REZONING TO: The Honorable Mayor and Members of the Council of the City of Roanoke (1) The petitioner, CBL Management, Inc., has contracted to purchase a tract of land located in the City of Roanoke, Virginia, on the north side of Shenandoah Avenue, N.W., between Old Stevens Road, N.W. and West Side Boulevard, N.W., contain- ing 5.11 acres (more or less) and designated on the Roanoke City Appraisal Map as Official Tax No. 2732201. The tract is currently zoned RS-2, Single Family Residential District. A copy of Roanoke City Appraisal Map Sheet 273 showing the property to be rezoned is attached to this petition as Exhib- it A. (2) Pursuant to Articles VII and VIII of Chapter 36 of the Code of the City of Roanoke (1979), the petitioner requests that the said property be rezoned from RS-2, Single Family Residential District, to C-2, General Commercial District, to permit construction by petitioner of a neighborhood shopping center. (3) The petitioner believes that the rezoning of said property will further the intent and purpose of the Zoning Ordinance and the Comprehensive Plan of the City of Roanoke by making available for commercial development a tract of land the location of which renders it better suited for commercial than for residential development. (4) Attached as Exhibit B are the names and addresses of the owners of all property immediately adjacent to or across adjoining streets from the property to be rezoned. (5) The petitioner hereby proffers and agrees that if said property is rezoned as requested, the rezoning will be subject to the following conditions agrees to abide: (a) The property will be by which the petitioner used only for a neighbor- hood shopping center including a supermarket and retail shops but excluding a fast food restaurant or gasoline service station. (b) If construction of a neighborhood shopping center on the property has not commenced within five (5) years from the date of adoption of the ordinance rezoning the tract, the zoning classification will revert to RS-2, Single-Family Residential District, or the equivalent classification then in effect. (c) The row of existing large pine trees along Old Stevens Road and the eastern portion of the north boundary line of the property will remain undisturbed, except those from the -2- proposed entrance/exit on Old Stevens Road to Shenandoah Avenue. (d) Petitioner will erect a six-foot high chain link fence with slats along the entire north boundary line of the property and will in addition plant a staggered row of evergreen trees on ten-foot centers within the ten-foot buffer area along the north boundary line. WHEREFORE, the petitioner requests that the above-described tract be rezoned as requested in with the provisions of the Roanoke. Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove P. O. Box 720 Roanoke, VA 24004 Counsel for the Petitioner accordance Zoning Ordinance of the City of Respectfully submitted, CBL~N~By Of Counsel ~-~ -3- CATION 'lml I'l Nmi Iml m~mm mm TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST '~: Request from CBL Management, Inc., that a certain tract of ) land located on the north side of Shenandoah Avenue, N.W., ) between Old Stevens Road, N.W. and Westside Boulevard, N.W.,)AFFIDAVIT and designated as Official Tax No. 2732201 be rezoned from ) RS-2, Single Family Residential District to C-2, General ) Commercial District. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is a Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 27th day of April, 1987, notices of a public hearing to be held on the 6th day of May, 1987, on the rezoning captioned above to the agent or owner of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 2731201 Joseph & Candous Mays 3856 Rolling Hill Avenue Roanoke, VA 24017 2731202 Milton & Daisy T. Jones 3852 Rolling Hill Avenue Roanoke, VA 24017 2731203 Leslie & Genie Reynolds 3846 Rolling Hill Avenue Roanoke, VA 24017 2731204 Charlotte R. Elkins 1943 Maylin Drive Salem, VA 24153 2731205 Eugene & Ester Lamar 3834 Rolling Hill Avenue Roanoke VA 24017 2731206 James & Arlene Peete 3828 Rolling Hill Avenue Roanoke VA 24017 2731207 Donovan L. Franklin 3822 Rolling Hill Avenue Roanoke VA 24017 2731208 Samuel & Sheila Pierson 943 35th Street, NW Roanoke VA 24017 2731209 Anthony & Eunice Wallace 3808 Rolling Hill Avenue Roanoke VA 24017 2731210 Clyde G. & Mildred G. Roland 3802 Rolling Hill Avenue Roanoke VA 24017 2732301 2730216 2732201 Harvey S. Lutins, Trustee P.O. Box 1282 Roanoke VA 24006 2731301 C & W Associates c/o Edward L. Corson, II 3519 Verona Trail, SW Roanoke, VA 24018 2720603 2720604 Frank R. Radford 3421 Shadblow Lane, SW Roanoke, VA 24014 2720602 Shenandoah Investors, Ltd. c/o David A. Dean 2302 Colonial Avenue, SW Roanoke, VA 24015 2720701 Roanoke Electric Steel Corp. P.O. Box 13948 c/o Don Smith Roanoke, VA 24034 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of April, 1987. Notary Public My Commission Expires: PUBL[SHER' S FEE - DANIEL F LAYMA{'I P 0 BOX 720 ROANOKE VA 24004 STATE OF VIRGINIA SITY OF ROANOKE AFF.I DA Vl T P Ut3L ICATI ON I, (THE UNDEFSIGNED! AN OFFICER OF f IMES-WORLD COEPORATION, WHICH COR- PORATION IS PUBLISHEF OF THE ROANOKE TIMES & WORLD-NEoNS, A DAILY NEWSPAPER PUBLISHED IN POAN,]KE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPADER. S ON THE FOLLOW[NO OATES 05/22/87' MCJRN I NC 05/29/87 MOPNING ~ITNESS, TH~/~3OTH DAY OF MAY 1987 NOTICE OF PUBLIC HgARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, June 8, 1987, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from RS-2, Residential Single-Family District, to C-2, General Commercial District, the following pro- perty: A tract of land on the north side of Shenandoah Avenue, N.W., between Old Stevens Road, N.¥i., and Westside Boulevard, N.W., containing 5.11 acres, more or less, and designated as Official Tax No. 2732201. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 20th day of May ,1987 Mary F. Parker, Please publish in full twice, once on Friday, May 22, 1987, and once on Friday, May 29, 1987, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 City Clerk Please bill to: Mr. Daniel F. Layman Attorney P. O. Box 720 Roanoke, Virginia 24004 REVISED Office of the Oty Clerk May 27, 1987 File #51 Mr. Daniel F. Layman, Jr. Attorney P. O. Box 720 Roanoke, Virginia 24004 Dear Mr. Layman: ! am enclosing copy of a report of the City Planning Corr~nission recorr~nending that the Council of the City of Roanoke grant the request of CBL Management, Inc., that a certain tract of land located on the north side of Shenandoah Avenue, N. W., between Old Stevens Road, N. W., and Westside Boulevard, N. W., and designated as Official Tax No. 2732201 be rezoned from RS-2, Single Family Residential District, to C-2, General Commercial District. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, June 8, 1987, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra Enco 456 Munl(:lpal Building 215 ChurCh A~ue, S.W. Roonoke, Virginia 24011 (703) 98t-2541 Mr. Daniel F. Page 2 May 27, 1987 Layman, Jr. cc: Mr. and Mrs. Joseph Mays, 3856 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Milton Jones, 3852 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Leslie Reynolds, 3846 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Ms. Charlotte Ro Elkins, 1943 Maylin Drive, Salem, Virginia 24153 Mr. and Mrs. Eugene Lamar, 3834 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. James Peete, 3828 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. Donovan L. Franklin, 3822 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Samuel Pierson, 943 35th Street, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Anthony Wallace, 3808 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Clyde G. Roland, 3802 Rolling Hill Avenue, N. W., Roanoke, Virginia 24017 Mr. Harvey S. Lutins, Trustee, P. O. Box 1282, Roanoke, Virginia 24006 C & W Associates, c/o Mr. Edward L. Corson, III, 3519 Verona Trail, S. W., Roanoke, Virginia 24018 Mr. Frank R. Radford, 3421 Shadblow Lane, S. W., Roanoke, Virginia 24014 Shenandoah Investors, Ltd., cio Mr. David A. Dean, 2302 Colonial Avenue, S. W., Roanoke, Virginia 24015 Roanoke Electric Steel Corporation, c/o Mr. Don Smith, P. O. Box 13948, Roanoke, Virginia 24034 Office of fi~e City C~et'k May 22, 1987 File #51 Mr. Daniel F. Layman, Jr. Attorney P. O. Box 720 Roanoke, Virginia 24004 Dear Mr. Layman: I am enclosing copy of a report of the City Planning Comtnission recommending that the Council of the City of Roanoke grant the request of CBL Management, Inc., that a certain tract of land located on the north side of Shenandoah Avenue, N. W., between Old Stevens Road, N. W., and Westside Boulevard, N. W., and designated as Official Tax No. 2732201 be rezoned from RS-2, Single Family Residential District, to C-2, General Corrgnercial District. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, June 8, 1987, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enco Room456 MunlcipalDuildlng 215 Church Avenue, S.W. Roanoke, V~rglnla24011 (703)98'1-2541 Mr. Daniel F. Page 2 May 22, 1987 Layman, Jr. cc: IDICO, 1912 Ninth Street, S. E., Roanoke, Virginia 24013 The Southland Corporation, P. O. Box 719, RE #20489, Dallas, Texas 75221 Roanoke Hospital Association, P. O. Box 1336, Roanoke, Virginia 24040 Ms. Doris T. Thompson, Route 1, Box 284-D, Fincastle, Virginia 24090 Ms. Eleanor J. Taylor, 1609 Rutrough Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Henry E. McBride, 1719 Rutrough Road, S. E., Roanoke, Virginia 24014 Treehouse-Birchwood Ltd. Partnership, 6617 Pendleton Drive, N. W,, Roanoke, Virginia 24019 Leo, Inc., 2345 South Clearning Road, Salem, Virginia 24153 Mr. Gordon No Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Susan S. Goode, Chairman, City Planning Corrgnission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William M. Hackworth, Assistant City Attorney Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator ' Mr. John R. Marlles, Chief of Community Planning Mr. John E. Merrithew, Agent, City Planning Commission Ms. Martha P. Franklin, Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation ~flce o~ ~e ~ ~et~ May 12, 1987 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended peti- tion and list of property owners from Daniel F. Layman, Jr., representing CBL Management, ~nc., requesting that a certain tract of land located on the north side of Shenandoah Avenue, N. W., between Old Stevens Road, N. W. and West Side Boulevard, N. W., containing 5.11 acres, more or less, and designated as Official Tax No. 2732201, be rezoned from RS-2, Single Family Residential District, to C-2, General Corr~ercial District, sub- ject to certain proffered conditions. MFP:ra Enc. cc: Mr. Sincerely Pl~,~- Mary F. Parker, CMC City Clerk Daniel F. Layman, Jr., Attorney, Woods, Rogers and Hazelgrove, P. 0. Box 720, Roanoke, Virginia 24004 Mr. John R. Marlles, Chief of Cow~nunity Planning Ms. ~iartha P. Franklin, Secretary, City Planning Commission Mr. John E. Merrithew, Agent, City Planning Commission Mr. Ronatd H. Miller, Zoning Administrator Mr. William M. Rackworth, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24/)1 t (703) 981-2541 Office of ff~e Ory April 30, 1987 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, [ am enclosing copy of an amended petition and list of property owners from Daniel F. Layman, Jr., repre- senting CBL Management, Inc., requesting that a certain tract of land located on the north side of Shenandoah Avenue, N. W., bet- ween Old Stevens Road, N. W. and West Side Boulevard, N. W., con- taining 5.11 acres, more or less, and designated as Official Tax No. 2732201, be rezoned from RS-2, Single Family Residential District, to C-2, General Commercial District, subject to certain proffered conditions. MFP:ra Enco cc: Sincerely Mary F. Parker, CMC City Clerk Hr. Daniel F. Layman, Jr., Attorney, Woods, Rogers and Hazelgrove, P. 0. Box 720, Roanoke, Virginia 24004 Mr. John R. MarlIes, Chief of Community Planning Ms. Martha P. Franklin, Secretary, City Planning Corr~aission Mr. John E. Merrithew, Agent, City Planning Corr~ission Mr. Ronatd B. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room456 MunlcipolBuildlng 2150'~urchA~'~ue, S.W. Roanc:~e,~rglnla24011 (703)981-2541 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: ) ) Rezoning of a tract of land lying) on the north side of Shenandoah Avenue, N.W. between Old Stevens Road, N.W. and West Side Boule- vard, N.W. from RS-2, Single Family Residential District, to C-2, General Commercial District AMENDED PETITION FOR REZONING TO: The Honorable Mayor and Members of the Council of the City of Roanoke (1) The petitioner, CBL Management, Inc., has contracted to purchase a tract of land located in the City of Roanoke, Virginia, on the north side of Shenandoah Avenue, N.W., between Old Stevens Road, N.W. and West Side Boulevard, N.W., contain- ing 5.11 acres (more or less) and designated on the Roanoke City Appraisal Map as Official Tax No. 2732201. The tract is currently zoned RS-2, Single Family Residential District. A copy of Roanoke City Appraisal Map Sheet 273 showing the property to be rezoned is attached to this petition as Exhib- it A. (2) Pursuant to Articles VII and VIII of Chapter 36 of the Code of the City of Roanoke (1979), the petitioner requests that the said property be rezoned from RS-2, Single Family Residential District, to C-2, General Commercial District, to permit construction by petitioner of a neighborhood shopping center. EXHIBIT B Roanoke City Tax Map Number 2731201 2731202 2731203 2731204 2731205 2731206 2731207 2731208 2731209 Owner Joseph Mays, Jr. and Candous L. Mays 3856 Rolling Hill Avenue, N.W. Roanoke, VA 24017 Milton R. Jones and Daisy T. Jones 3852 Rolling Hill Avenue, N.W. Roanoke, VA 24017 Leslie E. Reynolds and Genia M. Reynolds 3846 Rolling Hill Avenue, N.W. Roanoke, VA 24017 Charlotte R. Elkins 3838 Rolling Hill Avenue, Roanoke, VA 24017 N,Wo Eugene Lamar and Esther H. Lamar 3834 Rolling Hill Avenue, N.W. Roanoke, VA 24017 James L. Peete and Arlene R. Peete 3828 Rolling Hill Avenue, N.W. Roanoke, VA 24017 Donovan L. Franklin 3822 Rolling Hill Avenue, Roanoke, VA 24017 N.Wj Samuel G. Pierson and Sheila A. Pierson 3814 Rolling Hill Avenue, N.W. Roanoke, VA 24017 Anthony P. Wallace and Eunice B. Wallace 3808 Rolling Hill Avenue, N.W. Roanoke, VA 24017 2731210 2732301 2731301 2730216 2720603 2720604 2720602 2720701 Clyde G. Roland and Mildred G. Roland 3802 Rolling Hill Avenue, N.W. Roanoke, VA 24017 Harvey S. Lutins, Trustee P. O. Box 1282 Roanoke VA 24006 C & W Associates 3768 Rolling Hill Avenue, Roanoke VA 24017 NoW, Harvey S. Lutins, Trustee P. O. Box 1282 Roanoke VA 24006 Frank R. Radford 3421 Shadblow Lane, Roanoke VA 24014 Frank R. Radford 3421 Shadblow Lane, Roanoke VA 24014 SIWo Shenandoah Investors Limited Partnership c/o David A. Dean 2302 Colonial Avenue, S.W. Roanoke, VA 24015 Roanoke Electric Steel Corp. P. O. Box 13948 Roanoke, VA 24034 C~ce c~ ~e O~ ~ June 17, 1987 File #51 Mr. Michael K. Smeltzer Attorney P. 0. Box 720 Roanoke, Virginia 24004 Dear Mr. Smeltzer: I am enclosing copy .of Ordinance No. 28667, rezoning a tract of land containing 7.4163 acres, more or less, located at the inter- section of Franklin Road, S. W., and Roberts Road, S. W., and designated as .Official Tax No. 1280602, from C-I, Office and Institutional District, to LM, Light Manufacturing District, such rezoning to be subject to certain conditions proffered by your client, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, June 8, 1987, also adopted by the Council on second reading on Monday, June 15, 1987, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. cc: Mr. and Mrs. George Drates, c/o Silvers Enterprises, Inc., P. 0. Box 22740, Lexington, Kentucky 40502 Mr. Herman Lichtman, c/o Franchise Realty Interstate Company, Box 66207 AMF OttARE, Chicago, [llinois 60666 Mr. Robert L. Mason, c/o Valley Cadillac Olds, Inc., 2743 Franklin Road, S. W., Roanoke, Virginia 24014 Cycle Systems, Inc., P. 0. Box 611, Roanoke, Virginia 24004 Roo~n 456 Municipal Building 215 ~ Avenue, S.W. Roono/~. ~rglnla 24011 (703) 981-2541 Mr. Mi chae l K. Page 2 June 17, 1987 Smeltzer cc: Mr. Charles B. Helms, 2952 Roberts Road, S. Virginia 24014 Ms. Jean W. Brookman, 2938 Roberts Road, S. W. Virginia 24014 Ms. Donna J. Buchanan, 3934 Roberts Road, S. W. Virginia 24014 Ms. Nellie Switzer, 2930 Roberts Road, S. W. Virginia 24014 Ms. Gatha B. McDowell, 2924 Roberts Road, S. W. Virginia 24014 Ms. Hester King Beckner, 2918 Roberts Road, S. W. Virginia 24104 Ms. Miriam F. Flora, c/o Perry & Flora Ltd., 3807 Avenue, S. W., Roanoke, Virginia 24018 Ms. Norma L. Hill, 422 Truitt Street, Salisbury, 21001 First Federal Savings and Loan Association, c/o Ross, P. 0. Box 2888, Roanoke, Virginia 24001 Mr. Gordon N. Dixon, Executive Director, Fifth District Commission, P. O. Box 2569, Roanoke, 24010 W. Roanoke Roanoke Roanoke Roanoke Roanoke Roanoke Brandon Mr. W. Robert Herbert, City Manager Mr. Earl Bo Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Susan S. Goode, Chairman, City Planning Corr~ission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald Ho Miller, Building Corr~nissioner and Zoning Administrator Mr. John R. Marlles, Chief of Community Planning Mr. John E. Merrithew, Agent, City Planning Corr~ission Ms. Martha P. Franklin, Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation Maryland Mr. Bill Planning Virginia IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day 0f June, 1987. No. 28667. AN ORDINANCE to amend §36.1-3, Code of as amended, and Sheet No. 128. Sectional 1976 Zone Map, City Roanoke, to rezone certain property within the City, subject rain conditions proffered by the applicant. the City of Roanoke (1979), of to cer- WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-1, Office District, to LM, Light Manufacturing District, subject to cer- tain conditions proffered by the applicant; and WHEREAS, the City Planning commission, which after giving proper notice to all concerned as required'by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on June 8, 1987, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as given an opportunity to be rezoning; and WHEREAS, this Council, after tion, the recommendation made to amended, at which hearing all heard, parties in interest and citizens were both for and against the proposed considering the aforesaid applica- the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 128 of the Seetional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property desoribed as a traot of land in the City oontaining 7.4163 acres, more or less, located at the interseotion of Franklin Road, S. W. (U.S. Route 220) and Roberts Road, S. W., designated on Sheet No. 128 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax 1280602 be, and is hereby rezoned from C-I, Office Dis- trict, to LM, Light Manufaoturing District, subjeot to those conditions proffered by and set forth in the Petitioner's Amended Petition to Rezone filed with the City Clerk on May 18. 1987, and the following additional oonditions: 1. Petitioner shall erect and~ maintain on its property signs designed to prohibit truck aocess to the rezoned property from Roberts Road; 2. Petitioner shall erect and maintain a height barrier designed to prohibit aooess by vehioles in excess of ten (10) feet in height at the Roberts Road entranoe to the rezoned property, which barrier shall not exceed ten tI0) feet in height above the pavement measured at its center point; and 3. Petitioner shall not erect any sign on its property indi- eating the existence Roberts Road. Sheet No. 128 of the of ingress or egress to the rezoned property via Zone Map shall be changed in these respects. ATTEST: City Clerk. CITY OF ROANOKE REDEVELOPMENT AND DR, WENDELL H. BUTLER, CHAIRMAN HALlle B. ALBERGOTTI, VICE CHAIRMAN RONALD O. CRAWFORD JO ANNE B. JUSTIS PERCY T. KEELINg C. FRED MANGUS MAURY L. STRAUSS HOUSING AUTHORITY 2624 SALEM TURNPIKE, N, W. P. O. BOX 6359 ROANOKE, VIRGINIA 24017 June 8, 1987 HERBERT D. MCBRIDE EXECUTIVE DIRECTOR RE: Franklin Road Heights Apartments To Whom It May Concern: Please be advised that the City of Roanoke Redevelopment and Housing Authority does not have any immediate or future plans for any low rent public housing or Section 8 assisted housing at the Franklin Road Heights Apartments. If additional information or clarification is needed in this matter, please do not hesitate to contact us. Very truly yours, ~erbert D. McBride Executive Director HDM/cm June 8, 1987 TO: RE: Mayor Taylor and Honorable Members of Roanoke City Council Moore's Rezoning Dear Mayor Taylor, Mrs. Bowles & Gentlemen: Please accept this letter as my enthusiastic endorsement and support of the requested rezoning by Moore's of the Franklin Road property. As you know, I have over 36 years' experience with the City of Roanoke, all of which had to do with taxes and other revenues of the City. In my opinion, having Moore's relocate to the Franklin Road site is an excellent opportunity for the City to convert a blighted project to a source of much needed revenue to the City. I have had the good fortune of dealing with the people at Moore's for some years now. I regard them to be an excellent organization, and I am confident that their development of the property will be in keeping with the standards demanded. I am told that the apartments presently on the property have been unoccupied for a period of approximately eight years. In addition to being an eyesore, they have also been a burden to the police, fire, building and health departments to the City. I am reliably advised that the chances of the property being rehabilitated as an apartment project is economically impossible. I believe that the City should seize the economic opportunity offered to them so as to continue the location of this business in the City of Roanoke. We must encourage reliable and responsible businesses to locate, and more importantly, continue to be located within the City. June 8, 1987 Page 2 In my opinion, there are many uses that can be made of the property under its present zoning which would be more objectionable and have a more severe impact on the neighborhood. I appreciate your consideration and sincerely hope that you will see the merit of a favorable vote on Moore's petition. Yours very truly, 1103 Overland Road, SW Roanoke, VA 24014 WooDs, ]ROGERS & HAZLEG~OVE 10~ FRANKLIN ROAD, S.W, R0 ~ Roi~o~, V~OX~XA a~$~-o*~o~., ~ ;;7 ['?( TELEPHONE ?03 982-4200 DIRECT DIAL NUMBER 982-4252 June 8, 1987 Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Re: Moore's Rezoninq Dear Ms. Parker: As you know, I represent Grossman's Inc., trading as Moore's, with regard to its request to rezone certain property located on Franklin Road in the City of Roanoke. This matter is scheduled for a public hearing before City Council this evening. I would appreciate very much if you would notify Mayor Taylor that we would like to make our presentation in the following order: Ross C. Hart, representing Village Square, a Virginia General Partnership, the present owner of the property which is the subject of the Petition, would like to address Council. I would next address Council on behalf of Grossman's Inc., trading as Moore's. We would expect to have neighboring property owners address Council in support of the Petition. And lastly, I would like to reserve an opportunity for a short rebuttal following any presentation made by the opposition. Mary F. Parker, June 8, 1987 Page 2 City Clerk I thought it would be helpful for Mayor Taylor to know in advance how we wish to proceed. Should he want us to proceed differently, we will be happy to revise the presentation in accordance with his request. Richard Burrow has assisted Moore's with respect to site access and traffic. As you know, he has submitted a Report which is part of the rezoning file. We do not expect Richard to make a formal presentation at the public hearing, but we did want the Mayor and members of Council to know that he will be in attendance and will be available for such questions as they might have. There also is one additional item which we would request by your office. We have a large model of the proposed project. At the Planning Commission presentation, we set the model on the desk used at Council meetings by the City Attorney & Finance Officer. Since that will be unavailable at the public hearing before Council, we would request a table be provided for the model. I appreciate very much your help with this request. Thank you for your helpfulness. Yours very truly, · chael K. Smeltzer MKS/ldg TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST 0F:87 ~p~! 27 ~,, Request from Grossman's Inc., trading as Moore's, represented) by Michael K. Smeltzer, Attorney, that a certain tract of ) land containing 7.4163 acres, more or less, located at the ) intersection of Franklin Road, S.W. and Roberts Road, S.W., )AFFI- and designated as Official Tax No. 1280602, be rezoned from )DAVIT C-i, Office and Institutional District, to LM, Light ) Manufacturing District, such rezoning to be subject to ) certain conditions proffered by the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is a Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 27th day of April, 1987, notices of a public hearing to be held on the 6th day of May, 1987, on the rezoning captioned above to the agent or owner of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 1280619 George & Mary Drates c/o Silvers Enterprises, Inc. P.O. Box 22740 Lexington, KY 40502 1280618 Herman Lichtman c/o Franchise Realty Interstate Company Box 66207 ~F OHARE Chicago, IL 60666 1280603 1300516 1300517 Robert L. Mason c/o Valley Cadillac Olds, Inc. 2743 Franklin Road Roanoke, VA 24014 1280601 Cycle Systems, Inc. P.O. Box 611 Roanoke, VA 24004 1290207 Charles B. Helms 2952 Roberts Road, SW Roanoke, VA 24014 1290208 Jean W. Brookman 2938 Roberts Road, SW Roanoke, VA 24014 1290209 Donna J. Buchanan 2934 Roberts Road, SW Roanoke, VA 24014 1290210 Nellie Switzer 2930 Roberts Road, SW Roanoke, VA 24014 1290211 Gatha B. McDowell 2924 Roberts Road, SW Roanoke, VA 24014 1290212 Hester King Beckner 2918 Roberts Road, SW Roanoke, VA 24014 1290218 1300513x 1300514X Miriam F. Flora, et al c/o Peery & Flora Ltd. Norma L. Hill First Federal Savings & Loan Assoc. ¢/o Bill Ross 3807 Brandon Avenue, SW Roanoke, VA 24018 422 Truitt Street Salisbury, MD 21001 P.O. Box 2888 Roanoke, VA 24001 1300519 Alvin W. Rice 2814 Franklin Road, SW Roanoke, VA 24014 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of April, 1987. Notary Public My Commission Expires: Office of the Oty Clerk May 22, 1987 File #51 Mr. Michael K. Smeltzer Attorney P. 0. Box 720 Roanoke, Virginia 24004 Dear Mr. Smeltzer: I am enclosing copy of a report of the City Planning Commission recorr~nending that the Council of the City of Roanoke deny the request of Grossman's Inc., trading as Moore's, that a certain tract of land containing 7.4163 acres, more or less, located at the intersection of Franklin Road, S. W., and Roberts Road, S. W., and designated as Official Tax No. 1280602, be rezoned from C-1, Office and Institutional District, to LM, Light Manufacturing District, such rezoning to be subject to certain conditions proffered by the petitioner. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, June 8, 1987, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. Sincerely, ~t~.e~ Mary F. Parker, CMC City Clerk MFP:ra Eno. Room456 Munlcll~all~uildlng 215 0nurch Avenue, S.W. Roanoke, VIrginla24011 (703)981-2541 Mr. Michael K. Smeltzer Page 2 May 22, 1987 cc: Mr. and Mrs. George Drates, c/o Silvers Enterprises, Inc., P. O. Box 22740, Lexington, Kentucky 40502 Mr. Herman Lichtman, c/o Franchise Realty Interstate Company, Box 66207 AMF OHARE, Chicago, Illinois 60666 Mr. Robert L. Mason, c/o Valley Cadillac Olds, Inc., 2743 Franklin Road, S. Wo, Roanoke, Virginia 24014 Cycle Systems, Inc., P. O. Box 611, Roanoke, Virginia 24004 Mr. Charles B. Helms, 2952 Roberts Road, S. W., Roanoke, Virginia 24014 Ms. Jean W. Brookman, 2938 Roberts Road, S. W., Roanoke, Virginia 24014 Ms. Donna J. Buchanan, 3934 Roberts Road, S. W., Roanoke, Virginia 24014 Ms. Nellie Switzer, 2930 Roberts Road, S. W., Roanoke, Virginia 24014 Ms. Gatha B. McDowell, 2924 Roberts Road, S. W., Roanoke, Virginia 24014 Ms. Hester King Beckner, 2918 Roberts Road, S. W., Roanoke, Virginia 24104 Ms. Miriam F. Flora, c/o Perry & Flora Ltd., 3807 Brandon Avenue, S. W., Roanoke, Virginia 24018 Ms. Norma L. Hill, 422 Truitt Street, Salisbury, Maryland 21001 First Federal Savings and Loan Association, c/o Mr. Bill Ross, P. O. Box 2888, Roanoke, Virginia 24001 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Corr~ission, P. Oo Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Susan S. Goode, Chairman, City Planning Corranission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Chief of Co,~nunity Planning Mr. John E. Merrithew, Agent, City Planning Commission Ms. Martha P. Franklin, Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation Roanoke Cily Planning Commission June 8, 1987 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Grossman's Inc., trading as Moore's, represented by Michael K. Smeltzer, Attorney, that a certain tract of land containing 7.4163 acres, more or less, located at the intersection of Franklin Road, S.W., and Roberts Road, S.W., and designated as Official Tax No. 1280602, be rezoned from C-i, Office and Institutional District, to LM, Light Manufacturing District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: Purpose of the rezoning is to permit construction of a Moore's building supplies outlet. Proposed operation would replace Moore's Reserve Avenue outlet. B. Petition contains the following conditions: The property as rezoned will be used only for the purpose of operating a facility for retail sales of building materials to the public and to contractors, and as a lumber yard, lumber or building material store, or department for the sale or display of lumber, building materials, hardware or paint, nursery products, or any of them. The property will be developed in accordance with the site plan submitted herewith, except for such modifications as may be required by the City of Roanoke as a result of the site plan review processs. The site plan submitted herewith is made by T. P. Parker and Son, Engineers and Surveyors, Ltd., dated May 14, 1987. Room 355 Municipal Building 215 Church Avenue, S.W. r~anoke, Virginia 24011 (703) 98t-2344 C. Plannin~ staff recommended in favor of the requested rezonin~ provided the following changes were made to the proposed site plan: 1. Access to Roberts Road should be eliminated. 2. Ail outdoor storage should be located east of the building, out of sight of the residents (zoning ordinance requires that outside storage not be located closer to the street than the main building). 3. Screening should be provided between the outdoor storage area and the adjoining businesses to minimize visual impact, dust and debris. 4. Building colors should be muted. 5. Buffering between Roberts Road and the business should be increased. Possible solutions include creating a wider buffer and raising the elevation and density of the screen (possibly using a berm). 6. Franklin Road access should be widened. D. Petitioner has not addressed all of the concerns listed in C. above. E. Petitioner has met with residents to discuss the proposed rezoning. F. Public hearin~ was held on May 6 and was attended by approximately 10 neighborhood residents. The majority of the residents present at the hearing were opposed to the rezoning. II. Issues: A. Land use. B. Zoning. C. Traffic. D. Utilities. E. Neighborhood. F. Comprehensive Plan. III. Alternativas: A. City Council deny the requested rezoning. 1. Land use is unchanged. Vacant, condemned multi-family apartments remain. Apartments are a detriment to the neighborhood both visually and from the point of view of safety. me 4. 5. 6. Cit~ 1. Zoning remains C-1. The existing C-1 district permits multi-family apartments and office/institutional functions. Existing C-1 district would permit a higher intensity commercial use of the property (in terms of traffic, utility demand and visual impact) than is being proposed by the petitioner. Traffic would not be an issue. Utilities would be unchanged. Neighborhood would be unchanged. Comprehensive Plan would be followed insofar as large scale commercial development is prevented from encroaching into the neighborhood and the neighborhood character is protected. The Comprehensive Plan sets out the following policies: Neighborhood character and environmental quality should be protected. Possible changes in land use or new public and private development in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. Priority should be given to maintenance and rehabilitation of sound usable structure rather than demolition. Traditional and historical features should be preserved to the extent practical. Development of new or existing commercial and industrial areas in the City should be carefully planned and designed to promote quality development and good land use. Con~nercial, industrial and residential growth and development should be encouraged through public and private actions to ensure a strong and diversified economic base and employment opportunities for all of Roanoke's citizens. Council approve the requested rezoning. Land use becomes industrial. The proposed building supplies outlet, although a retail operation, is by virtue of its physical size and type of operation, an industrial use. Zoning becomes LM. Proffered conditions limit the site to the proposed use. The area to the east of the site is zoned HM and is occupied by Cycle Systems. The Franklin Road corridor in the immediate area is predominantly commercial. Traffic is a major concern among neighborhood residents. Although the traffic expected to be generated by the use is less than that generated by many uses permitted under present zoning, the location of a driveway on Roberts Road may result in increased traffic through the neighborhood, congestion at the Roberts/Franklin Road intersection, and increased noise in the neighborhood. Planning staff felt the driveway on Roberts Road was unnecessary since it no longer provided access to the loading dock. Utilities are a factor which can be addressed at the development plan review stage. Storm water drainage is a concern to businesses below the site. The Franklin Road area experiences flooding problems regularly. However, the City's "zero increase in the rate of runoff" policy would apply to the project. The existing water supply is sufficient for domestic needs of the proposed use. Fire flow requirements may necessitate the petitioner connecting to a "booster" water system at the intersection of Avenham Avenue and Franklin Road. e Neighborhood would be detrimentally impacted by the proposed rezoning. The physical size and appearance of the retail building is out of character with the residential and commercial development around the site. Both residents and Commission members expressed serious concern over the location and appearance of the outdoor storage areas. Dust, litter and noise associated with outdoor storage were also identified as concerns. The proposed development would encroach further into the residential neighborhood than existing businesses thereby Jeopardizing the integrity of the neighborhood which to date shows no sign of deterioration. Comprehensive Plan would not be followed. Objectives and policies of the Plan as set out in III.A.6. clearly emphasizes compatibility between commercial and residential development and the protection of our residential neighborhoods. The proposed retail use is considered by the Commission to be too large and too close to the neighborhood. Proposed buffering and site layout are considered inadequate to sufficiently protect the neighborhood. IV. Recommendation: By a vote of 5-1-1 (Mr. Jones abstaining and Mr. Price voting for approval), the Planning Commission denied the requested rezoning. In discussing the motion, the Commission considered the neighborhood to be an extremely well maintaine~ high quality residential area which would merit protection. The scale of this proposed operation is considered too large to be permitted adjacent to a residential neighborhood without extreme action to mitigate objectionable features. Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission JEM:mpf attachment cc: Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying at the intersection of Franklin Road, SW, (U.S. Route 220) and Roberts Road, SW, from C-l, Office and Institutional District, to LM, Light Manufacturing District subject to certain conditions. AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: wishes to described The Petitioner, Grossman's Inc., trading as Moore's, amend its original Petition to Rezone the above property. 2. Paragraph 4 of the original Petition to Rezone is amended as follows: The Petitioner hereby proffers and agrees that if the property is rezoned as requested, the rezoning will be subject to, and the Petitioner will abide by, the following conditions: The property as rezoned will be used only for the purpose of operating a facility for retail sales of building materials to the public and to contractors, and as a lumber yard, lumber or building material store, or department for the sale or display of lumber, building materials, hardware or paint, nursery products, or any of them. The property will be developed in accordance with the site plan submitted-herewith, except for such modifications as may be required by the City of Roanoke as a result of the site plan review-process. The site plan submitted herewith is made by T. P. Parker & Son, Engineers & Surveyors, Ltd., dated May 14, 1987. ~ -1- 3. Except as amended herein, the original Petition to Rezone remains unchanged. Respectfully submitted, GROSSMA~'S INC. By: C6unsel Michael K. Smeltzer, Esq. Woods, Rogers & Hazlegrove 105 Franklin Road, SW Roanoke, VA 24011 -2- LOCATION ',,~ Iml I I I ,Nd Inl db,," I III SITE ACCESS MOORE'S BUILDING SUPPLIES FRANKLIN ROAD ROANOKE, VIRGINIA PREPARED FOR MOORE'S BUILDING SUPPLIES 3517 BRANDON AVENUE, S.W. ROANOKE, VIRGINIA 24018 PREPARED BY BURROW CORPORATION OF ROANOKE 101 S. JEFFERSON STREET ROANOKE, VIRGINIA 24011 MAY, 1987 TABLE OF CONTENTS I. SUMMARY II. BACKGROUND III. CURRENT TRAFFIC CONDITIONS IV. PROPOSED TRAFFIC CONDITIONS V. ADDITIONAL SITE-RELATED TRAFFIC OBSERVATIONS Pa~e 1 2 3 4 7 SITE ACCESS MOORE'S BUILDING SUPPLIES SUMMARY The proposed Moore's Building Supplies rezoning will attract 500 vehicles per day. The 1,000 trip ends per day produced by these 500 vehicles can be easily accommodated by Franklin Road and Roberts Road without altering the current level-of-service or safety standards provided to existing traffic on either road. In fact, the total of new trips on Roberts Road will about 10% less by virtue of the rezoning than would travel on Roberts Road should the existing 82 apartment units begin use again. Moore's Building Supplies has been a solid, cooperative corpo- rate citizen in the City of Roanoke for over 25 years. The proposals contained in this rezoning show a continuing interest to be a good neighbor for those being most directly impacted. Approval of LM rezoning request for the 7.42 acre site would not produce a negative traffic impact on surrounding roadway facilities. II. BACKGROUND Moore's Building Supplies is seeking a light manufacturing (LM) rezoning for 7.42 acres of land located on the northwest side of Franklin Road at its intersection with Roberts Road, S.W. This change would allow for the construction of a new store containing a total building area of 50,400 square feet with 209 parking spaces, all contained within the 323,215 square feet of the site. This report was prepared to review the traffic conditions to be generated by the proposed rezoning, compare the projected site development conditions to existing site conditions, and antici- pate the impact the new store may have on the surrounding street network. The prlneipal aeeess roads serving the 7.42 acre site are Franklin Road (Business Route 220) to the east and Roberts Road to the south. The "Development Plan" limits all access to these two roads with one entrance/exit area anticipated on each of these access points. Franklin Road is an 80 feet wide arter- ial roadway containing four thru-traffic lanes and an addi- tional double left-turn middle lane. Roberts Road is a 50 feet wide street with an entrance to the new site proposed to be located about 250 feet northwest of Franklin Road. III. CURRENT TRAFFIC CONDITIONS Franklin Road is a primary arterial route designated Business Route 220. The latest traffic counts were taken by the Virginia Department of Highways and Transportation approximately one year ago and demonstrated a non-directional average daily traf- fic volume of 28,930 vehicles. No traffic counts exist for Roberts Road and no turning movement counts exist for the intersection of Roberts Road and Franklin Road. The current land use for the 7.42 acre site is residential apartments units. Although these apartments are vacant at this time, there are 82 existing units within the complex with two entrances on Roberts Road and one entrance on Franklin Road. Additionally, there have been plans developed for the re- furbishing of the apartment complex which would add another 62 units, thereby yielding a total of 144 residential apartment units. According to the "Trip Generation Informational Report" pre- pared by the Institute of Transportation Engineers, each resi- dential apartment unit would produce about 6.1 vehicle trip ends on the average day and 6.5 trip ends during the peak day. These statistics would yield the following total trips for the existing land use: Daily Trips Generated 82 units Av~. Peak 500 533 144 units Av~. Peak 878 936 It should be stressed that there are also other permitted uses under the existing zoning for the site that would produce daily traffic volumes that are at least twice the residential apart- ment volumes shown above. IV. PROPOSED TRAFFIC CONDITIONS The Moore's Building Supplies type of store is a somewhat spe- cialized retail center with building materials. According to the "Trip Generation Informational Report" prepared by the Institute of Transportation Engineers, this type of land use would normally generate 1,500 trip ends (750 vehicles) in an average daily with a variance of 20%. Traffic projections are aided in this situation because Moore's executives maintain records on the number of vehicles bring customers, employees, or deliveries to each of their stores each day. This type of historical traffic data makes project- ing future traffic uses at the new proposed location on Franklin Road a much more accurate procedure than using the "Trip Generation Information Report." The existing Moore's store on Reserve Avenue on an average day generates 333 total vehicles. The proposed location on Franklin Road reasonably anticipates doing about 50% more business then the Reserve Avenue location; therefore, about 50% more total vehicles, or 500 total vehicles, can be pro- jected for the rezoning site. The following table lists the breakdown of the projected vehicles: Traffic Estimates Vehicle Types Customer Employee Delivery TOTAL Reserve Ave, Location 258 45 3O 333 Anticipated 50% increase 129 23 15 167 Projected for Franklin Rd. 387 68 45 5OO The forecasted number of vehicles is 500 per day. For compari- son purposes, the 500 vehicles equate to 1,000 trips by count- ing each vehicle's entrance and exit as a separate trip end, which the "Trip Generation Information Report" does. Comparing the existing land use under the current zoning to the projected land use proposed by the rezoning, the difference in traffic generated by the site is only 61 vehicles or 122 trip ends per day. The surrounding street networks of Franklin Road and Roberts Road can definitely accommodate the total of 500 additional vehicles per day. In fact, Franklin Road in past years has carried more traffic than it does today. There is simply no question that both Franklin Road and Roberts Road have the additional capacity necessary to accommodate the traffic to be generated by the proposed rezoning at the same level-of-service that these public roads operate within today. The entrances proposed for the project are located to cause the least interference possible with existing Roberts Road traffic. Most traffic entering the proposed site will use the Franklin Road entrance. The Franklin Road entrance will be signed as the primary entrance area for all vehicles and all delivery trucks entering the site will be required to use that entrance by the Moore's management. Seventy (70%) percent of the traffic, or 700 trips per day, will use the Franklin Road entrance/exit area. The one Roberts Road exit is located within 250 feet of Franklin Road. Thirty (30%) percent of the site traffic or 300 trips per day will utilize the Roberts Road entrance/exit area. Eighty-three (83%) percent of these trips (about 250 trips) will be exiting traffic traveling on Roberts Road only in the east bound direction from the exit toward Franklin Road. The diagram on the next page shows the forecasted distribution of these trips. 5 Pl~o POSEJ) '7'RA FFI C, HOO ' ~°~ ~oF~-~ ~o ,S I T E 45'O F' RAI~ i~1... I i~ It should be noted that the 300 trips a day projected to use Roberts Road by the Moore's rezoning is less then would use Roberts Road under the current zoning. The apartment land use had two entrance/exit areas on Roberts Road for distributing about two-thirds of the apartment-related traffic. The 82 apartment units produced 500 trips per day, two-thirds of which, or 335 trips, used Roberts Road and one-third used Franklin Road. The Moore's rszonlng, if approved, is projected to produce only about 300 trips per day on Roberts Road. This is a 10% reduction in total trips traveling on Roberts Road from the 7.42 acre site if rezoned to accommodate Moore's when compared to the traffic generated by the 82 apartment units, if they were in use today. It should be stressed that for exiting traffic both Roberts Road and Franklin Road maneuvering areas are needed. The pro- posed Franklin Road exit and Roberts Road are located 150 feet apart. The 50 yard separation will allow exiting traffic at both locations to take full advantage of the gaps in traffic flows on Franklin Road. The two exiting areas will allow twice as many vehicles to maneuver into the Franklin Road traffic stream at the same time. The maneuving of twice as many vehicles at the same time should reduce over all delays, reduce drive irritation, and generally make the traffic flows safer for all traffic along this section of Franklin Road. V. .ADDITIONAL SITE-RELATED TRAFFIC OBSERVATIONS: In reviewing the "development plan" for the proposed rezoning, several general traffic-related observations come to mind. The parking to be provide by Moore's exceeds the required parking permitted by City ordinances and is located on the east side of the building. This should make customer parking very convenient and reduce vehicular maneuvering on site, thereby potentially reducing parking confusion and noise levels, as well as orienting them away from the existing residential community. Employee parking is provided by the spaces in the southwest section of the "development plan" nearest the residential community. This will reduce considerably the amount of vehicular "turn-over" and maneuvering in these spaces closest to the residential community. Once again, this should reduce the noise levels nearest the existing homes. The loading docks and outdoor shed areas most associated with the building materials are both located on the north side of the building, furthest away from the residential housing and closest to other commercial and industrial neighbors. The location for these two facilities on the north side of the site should make most of the on-site maneuvering and noise related to building materials almost non-existent for the residential community. Lastly, the overall site traffic operational characteristics appear to be well conceived. Site interrelationships of customer, employee, and delivery maneuvering has been layed-out well and should function at a high level-of-service for both Moore's and the surrounding street system. Office al' Ihe City Oen~ April 20, 1987 File #51 APR ~1 1987 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Ro,~;o~e Cffic~ of Cor~munity Planning & Economic Development Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition and list of property owners from Michael K. Smeltzer, Attorney, representing Grossman's Inc., requesting that a certain tract of land located at the intersection of Franklin Road, S. W., (U. S. Route 220) and Roberts Road, S. W., containing 7.4163 acres, more or less, and designated as Official Tax No. 1280602, be rezoned from C-i, Office and Institutional District, to LM, Light Manufacturing District. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra Enc o cc: Mr. Michael K. Smeltzer, Attorney, Woods, Rogers and Hazlegrove, P. 0. Box 720, Roanoke, Virginia 24004 Mr. John R. Marlles, Chief of Cor'~unity Planning ~ Martha P. Franklin, Secretary, City Planning Commission Mr. John E. Merrithew, Agent, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Willia~ hi. Hackworth, Assistant City Attorney Roc~n456 /~g-ll:x~li~uildln9 215(D'~ura~Avenue,$.W. Roano~e,~rginla24011 (703)981-2541 CITY CL_"'::~i? ,~F~,CE '87 tP? 15 P 2 -'.' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying at the intersection of Franklin Road, SW, (U.S. Route 220) and Roberts Road, SW, from C-1, Office and Institutional District, to LM, Light Manufacturing District subject to certain conditions. PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioner, Grossman's Inc., trading as Moore's, has an option on a certain tract of land located in the City of Roanoke, Virginia, containing 7.4163 acres, more or less, located at the intersection of Franklin Road, SW (U.S. Route 220) and Roberts Road, SW, and designated on Roanoke City Appraisal Maps as Official Tax No. 1280602, a more particular metes and bounds description of the same being attached hereto as Exhibit "A" (the "Property"); the Property is currently zoned C-1, Office and Institutional District. A map of the Property is attached as Exhibit "B". A proposed site Dlan is attached hereto as Exhibit "C". .. 2. Pursuant to Articles VII and VIII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the Property be rezoned from C-1, Office and Institutional District, to LM, Light Manufacturing District, subject to certain conditions set forth below for the purpose -1- of constructing and operating a facility for retail sales of building materials to the public and to contractors thereon. 3. The Petitioner believes that the rezoning of the Property will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, and that it will be in the best interests of all concerned. 4. The Petitioner hereby proffers and agrees that if Property is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: a. be The Property as rezoned will be used only for the purpose of operating a facility for retail sales of building materials to the public and to contractors. the The Property will be developed in accordance with the site plan submitted, except for such modifications as may be required by the City of Roanoke as a result of the site plan review process. 5. Attached as Exhibit "D" are the names and addresses of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the Property. WHEREFORE, the Petitioner requests that the Property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. -2- Michael K. Smeltzer, Esq. Woods, Rogers & Hazlegrove P.O. Box 720 Roanoke, VA 24004 Respectfully submitted, GROSSMA~'S INC. .~ Date -3- EXHIBIT "A" BEGINNING at the intersection of the northwesterly side of Franklin Road as presently established with the northeasterly side of Roberts Road; thence with Roberts Road N. 66 degs. 54' 30" W. 555.55 feet to a point at Corner 20 in the property conveyed to Cycle Systems, Inc.; thence with the lines of the 2.00 acre tract conveyed to Cycle Systems, Inc., the following courses and distances; thence N. 1 deg. 04' 55" E. 119.41 feet to a point; thence N. 44 degs. 36' 50" E. 47.37 feet to a point; thence N. 39 degs. 05' 40" W. 42.40 feet to a point; thence N. 53 degs. 47' 44" E. 591.26 feet to a point on the line of Valley Cadillac & Oldsmobile, Inc.; thence with the line of Valley Cadillac S. 39 degs. 15' E. approximately 425 feet to the northerlymost corner of the McDonald's property (Official No. 128-06-18); thence with the lines of McDonald's and Long John Silvers S. 50 degs. 12' W. 255.0 feet to a point; thence with the southwesterly line of Long,John Silver (Official No. 128-04-19) S. 39 degs. 15' E. 200.0 feet to a point on the presently established northwesterly line of Franklin Road; thence with the same S. 50 degs. 12' W. 200.83 feet to the place of BEGINNING. EXHIBIT "D" Names and addresses of owners of all lots or property immediately adjacent to or immediately across the street or road from the property to be rezoned: OFFICIAL TAX NUMBER 1280619 1280618 1280603 1280601 1290207 1290208 1290209 1290210 NAME AND ADDRESS Drates, George c/o Silvers Enterprises, Inc. P.O. Box 22740 Lexington, KY 40502 Lichtman, Herman c/o Franchise Realty Interstate Company Box 66207 AMF OHARE Chicago, IL 60666 Mason, Robert L. 2743 Franklin Road, Roanoke, VA 24014 SW Quick, R. R. c/o Cycle Systems, P.O. Box 611 Roanoke, VA 24004 Helms, Charles B. 2951 Roberts Road, Roanoke, VA 24014 SW Brookman, Jean W. 2938'-Roberts Road, Roanoke, VA 24014 SW Buchanan, Donna J. 2934 Roberts Road, Roanoke, VA 24014 SW Switzer, Nellie 2930 Roberts Road, Roanoke, VA 24014 SW OFFICIAL TAX NUMBER 1290211 1290212 1290218 1290213 1300513 1300514 1300516 1300517 1300519 1300520 NAME AND ADDRESS McDowell, Gatha B. 2924 Roberts Road, Roanoke, VA 24014 SW Beckner, Hester King 2918 Roberts Road, SW Roanoke, VA 24014 Flora, Miriam F., et al c/o Peery & Flora, Ltd. 3807 Brandon Avenue, SW Roanoke, VA 24018 Flora, Carl B. c/o Peerv & Flora, Ltd. 3807 Brandon Avenue, SW Roanoke, VA 2401R Hill, Norma L. c/o Fayez G. Sakr 2045 Weaver Road Salem, VA 24153 First Federal Savinqs & Loan Assoc. of Roanoke P.O. Box 2888 Roanoke, VA 24001 Mason, Robert L. & Audrey M. 2743 Franklin Road, SW Roanoke, VA 24014 Mason, Robert L. & Audrey M. 2743 Franklin Road, SW Roanoke, VA 24014 Rice, Alvin W. 2814 Franklin Road, SW Roanoke, VA 24014 McMillan, Jerry W. & Carolyn H. Box 15, Windridge Parkwav Hardy, VA 24101 -2- OFFICIAL TAX NUMBER 1300504 1280616 1280617 NAME AND ADDRESS Smith, Roger 4335 Brambleton Avenue, SW Roanoke, VA 24018 Viking Lanes Associates 2727 Franklin Road, SW Roanoke, VA 24014 Weidenfeld, Selina K., et al c/o Sidney & Ralph Katz 10 E. Campbell Avenue Roanoke, VA 24011 -3- AL~ NUMBE~ 52015669 PUBLISttE;'S FEE T I "PTS RECF! veil) CtTYC -',~: .... · MICHAEL K SMELTZER 105 F~ANKL. IH P. OAD SW P 0 BOX 720 ROANOKE VA 24004 STATE OF VIRGIN)A ~ ITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, {THE UNDERSIGNEDI AN OFFICER OF TIMES-WOFLD CORPORATION, WHICH COR- PORATION IS PUBLISHER OF THE ROANOKE TIMES & WOF:LO-NEWS, A DAILY NEWSPAPER PUBLISHED IN FOAN3KE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED ~OTICE WAS PUBLISHED IN SAID NEWSPAPERS CN THE F~]LLOWING DATES 05/22/8 ~' MORNING 05129/87 MORNING ~ITNESS, THIS_3OTH DAY OF MAY 1997 .... ; ;;--- .......... NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, June 8, 1987, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Churoh Avenue, S. W., in the said city, on the question of rezoning from C-1, Office District, to LM, Light Manufacturing District, the following property: A tract of land in the City containing 7.4163 acres, more or less, located at the intersection of Franklin Road, S. W. (U.S. Route 220) and Roberts Road, S. W., and designated as Official Tax No. 1280602. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 20th day of May , 1987 . Mary F. Parker, City Clerk Please publish in full twice, once on Friday, May 22, 1987, and once on Friday, May 29, 1987, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Mr. Michael K. Smeltzer Attorney P. O. Box 720 Roanoke, Virginia 24004 Office af the City Clerk April 20, 1987 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition and list of property owners from Michael K. Smeltzer, Attorney, representing Grossman's Inc., requesting that a certain tract of land located at the intersection of Franklin Road, S. W., (U. S. Route 220) and Roberts Road, S. W., containing 7.4163 acres, more or less, and designated as Official Tax No. 1280602, be rezoned from C-1, Office and Institutional District, to LM, Light ilanufacturing District. Sincerely, Mary F. Parker. CMC City Clerk MFP:ra EnCo cc: Mr. Michael K. Smeltzer, Attorney, Woods, Rogers and Hazlegrove, P. 0. Box 720, Roanoke, Virginia 24004 Mr. John R. Marlles, Chief of Community Planning i~s. Martha P. Franklin, Secretary, City Planning Commission Mr. John E. Merrithew, Agent, City Planning Cor~ission Mr. Ronald H. Miller, Zoning Administrator Mr. William ~. Hackworth, Assistant City Attorney Roo~n456 MunlclpalBuildlng 215(~nun:hAve~ue, S.W. Roanc~e, Vlrglnla24011 (703)981-2541 Office of the City Clerk May 18, 1987 File #51 Mrs. Susan S. Goode Chairman City Planning Corr~nission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition and list of property owners from Michael K. Smeltzer, Attorney, representing Grossman's Inc., requesting that a certain tract of land lying at the intersection of Franklin Road, S. W., (U. S. Route 220) and Roberts Road, S. W., containing 7.4163 acres, more or less, and designated as Official Tax No. 1280602, be rezoned from C-1, Office and Institutional District, to LM, Light Manufacturing District, subject to certain proferred con- ditions. Sincerely, Mary F. Parker, ChiC City Clerk MFP: r a Enc. cc: Mr. Michael K. Smeltzer, Attorney, Woods, Rogers and HazIegrove, P. 0. Box 720, Roanoke, Virginia 24004 Mr. John R. MarlIes, Chief of Corr~nunity Planning Ms. liartha P. Franklin, Secretary, City Planning Corr~nission Mr. John E. Merrithew, Agent, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney P, ootn45b MunicipalBuildlng 215C~urchAve~ue, S.W. Roanoke, Vlrginla24011 (703)98t-2541 June l?, 1987 File #255 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28675, authorizing the cution of a lease agreement for appr~imately 3,000 square feet of retail space and an additional storage area within the Market Square Parking Garage with Orvis Roanoke, Inc., which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, June 8, 1987, also adopted by the Council on second reading on Monday, June 15, 1987, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP: r a cc: Mr. Joe Dresnok, Vice President-Operations, Orvis Roanoke, Inc., P. 0. Bo~ 12000, Roanoke, Virginia 24022-8008 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Kit Bo Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Brian J. Wishneff, Chief of Economic Development and Grants ~. Deborah J. Mos~, Chief, Billies and Collectio~ *Added to c~bon copi~ on November 16, 1987. Room456 M,J~ldpalBulldlng 2150'Jurd'lAvel'~e,S.W. Rocl~lol~,Virgl~lo24011 (703)98%2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1987. No. 28675. AN ORDINANCE authorizing the execution of a lease agreement for approximately 3,000 square feet of retail space and an addi- tional storage area within the Market Square Parking C~rage. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk be and they are hereby authorized to execute and to seal and attest, respectively, a lease agreement with Orvis Roanoke, Inc., providing for a five year lease, at the rate of $375.00 per month, plus one percent (1%) of the first $500,000 in gross revenue from sales made from the leased prem- ises each year, three percent (3%) of the gross revenue of $500,000 to $1,000,000, and four percent (4%) of the gross reve- nue over $1,000,000, subject to certain credits, of approximately 3,000 square feet of retail space and an adjoining separate storage area, such lease to be subject to and to contain substan- tially those terms and conditions set out and described in the draft lease agreement attached to and incorporated into the City Manager's report to Council dated June 8, 1987; the form of such lease agreement to be subject to the approval of the City Attorney. ATTEST: City Clerk. Roanoke, Virginia June 8, 1987 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Market Square Garage Lease with Orris Roanoke, Inc. Background: Market Square Garage was completed in 1984. The facility was designed to include approximately 3,000 square feet of retail space. Retail space is shell space with no covered floors, ceilings, walls, electrical wiring, HVAC, etc. The unfinished nature of the space has made it extremely difficult to lease. Original discussions with Orvis Inc., before Roanoke was even selected as the location for its fulfillment center included a desire on the part of the City to make retail space available to Orvis should they choose Roanoke. DJ Terms of a lease agreement with 0rvis Roanoke, Inc., for a major retail store have been negotiated. Major items in the proposed lease agreement include: Rent - $4,500 per year + 1% of the first $500,000 in gross revenue from sales from the leased premises, 3% of the gross revenue between $500,000 and $1 million, and 4% of the gross revenue over $1 million. Improvements - The City will bid the full package of required basic improvements for the space which would include such things as plumbing, electrical, lighting, mechanical, heating and air conditioning systems, replacement of exterior windows, wall coverings, flooring, showcase windows (if approved by Western Virginia Foundation for Arts and Sciences), etc. Orvis Roanoke, Inc., will reimburse the City for any cost over $50,000 to be secured by a letter of credit. Orvis Roanoke, Inc., will be allowed a rent credit for the first $25,000 spent by Orvis Roanoke, Inc., for basic improvements above the City's $50,000. 3. Lease Term - Five years. Eminent Domain - City agrees not to use its power of eminent domain to take all or any portion of the leased premises. .Complete Lease - Attached is a draft of the complete lease. Space - Three thousand (3,000) square feet of retail space plus storage area and two parking permits at market rate. II. Issues: A. Cost. B. Timin$. C. Economic development. III. Alternatives: A. Authorize the City Manager to execute the attached lease. Cost to the City would be $50,000. Funds have been identified in account no. 008 056 9550 9003. This cost, plus the money Orvis will be spending on the property, will be used to make the basic permanent improvements to the structure which will then be owned by the City even after any lease with Orvie might expire. Specific funding recommendations will be made at the time of recommendation regarding the bid for the basic improvements. Timin~ is important in that Orvis Roanoke, Inc., would like to be open for business by Labor Day. Economic development in the City would be greatly enhanced. Roanoke will have one of only six Orvis stores in the country, including New York; Chicago; Manchester, Vermont; Houston; and San Francisco. It will act as a tremendous attraction for retail sales into the City. Interest from other retailers to locate in the Market area has occurred since it has been known that Orvis might locate a store in that area. Do not authorize the City Manager to execute the attached lease. Cost to the City would be a missed revenue as the shell space would continue to be extremely difficult to lease. 2. Timing would not be an issue. Economic Development opportunity for the City would be missed. IV. Recommendation: It is recommended that City Council adopt alternative A, authorizing the City Manager to execute a lease with Orvis Roanoke, Inc., in substantially the form of the attached draft, subject to approval as to form by the City Attorney. Respectfully submitted, W. Robert Herbert City Manager BJW:mpf attachment cc: Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Kit B. Kiser, Director of Utilities and Operations Brian J. Wishneff, Chief, Economic Development Joe Dresnok, Vice President - Operations, Orris, Inc. LEASE Ait~EEMENT THIS LEASE Ai~,EEMENT, nmde and executed in duplicate on this ~ day of , 1987, by and between CITY OF ROANOKE. VIRGINIA. hereinafter referred to as "Lessor", and ORVIS ROANOKE, INC., a Virginia corporation, hereinafter referred to as "Lessee"; WHEREAS, the Lessor owns certain property in Roanoke, Virginia. commonly referred to as the Market Square Parking Garage, hereinafter referred to as the "Garage" located on Campbell Avenue in the downtown area of the City. WHEREAS, the Lessee desires to square feet of retail space for the lng and other items and products. NO~. THEREFORE, IN CONSIDERATION of the recitals and mutual covenants contained herein, the parties hereto agree as follows: 1. Leased Premises. Lessor hereby leases to Lessee, subject to and upon the terms and conditions hereinafter set forth, those certain premises in the Garage consisting of approximately 3,000 square feet of retail space and the separate storage space described as follows: Hereinafter referred to as "Leased Premises~ and identified as such on the drawing labeled Center in the Square 1 which is attached to and made a part of this Lease A~reement as Exhibit lease approximately 3,000 purpose of selling cloth- The Lessor agrees to provide to the Lessee during the term of this Lease and any renewal term two (2) parking per- mits in the C~rage at the City's market rate. The Lessor further agrees to install a showcase window adjacent to the Leased Premises at the Atrium Lobby level and fronting on the Atrium Lobby for use by the Lessee for displays of merchandise subject to the written consent of the Western Virginia Foundation for the Arts and Sciences. The size of the window will be as large as can reasonably be accommodated at the Atrium Lobby level. 2. Lessor's Warranties. Lessor represents and war- rants that: A. Lessor is Leased Premises and has the sole owner in fee simple of the full right and power to grant the estate demised and to execute and perform this Lease; B. The Leased Premises is now and will remain free and clear of all encumbrances created by Lessor which could adversely affect Lessee's leasehold estate; C. As of the date of execution of this Lease Agreement, the intended use of the Leased Premises for pur- poses stated herein is permitted by all applicable zoning laws and regulations; and D. As of the date of execution of this Lease Agreement, to the best of Lessor's knowledge, the Leased Premises complies with all applicable ordinances, regula- tions and zoning and other laws, and the use of the Leased Pre- mises for the retail sale of merchandise is a permitted use. 3. Term of Lease. Lessee shall have and hold the Leased Premises for an initial term of five (5) years commenc- ing on the later of September 1. 1987, or thirty days after the Basic Improvements are completed to the satisfaction of Lessee and the Lease Premises are delivered to the Lessee. 4. Lessor~s and Lessee*s Responsibilities. Prior to the commencement of this Lease Agreement, the Lessor and Lessee shall agree upon the improvements that will have to be made to the Leased Premises in order for the Lessee to use the premises for its intended use. Such basic improve- ments shall include the installation of such items as plumbing, electrical and lighting, mechanical, heating and air conditioning systems, the replacement of the existing exterior windows on the Leased Premises with clear glass, the showcase window, if permitted, wall coverings, flooring, required structural modifications to the Leased Premises, and similar improvements necessitated by the Lessee*s intended use of the Leased Premises (hereinafter collec- tively referred to as "Basic Improvements"). The Lessee shall prepare the plans and specifications for the Basic Improvements which shall be subject to the approval of the Lessor. Once agreement is reached on the Basic Lessor shall curement Improvements, forthwith proceed, in compliance with the pro- laws of the Commonwealth of Virginia and the City - 3 - of Roanoke, to put to bid and award a contract for the in- stallation of the Basic Improvements. Lessor hereby agrees to bear the cost of the first $50,000.00 of the contract for the Basic Improvements, and to administer the contract, as owner of the Leased Premises. Lessee hereby agrees to bear any and all of the costs of the contract for the Basic Im- provements in excess of $50,000.00, including any increased costs due to change orders requested with the mutual con- sent of the Lessor and Lessee. Prior to the award of such contract by Lessor, Lessee agrees to deliver to Lessor an irrevocable letter of credit in favor of Lessor drawn on a national bank approved by Lessor, such approval not to be unreasonably withheld, in an amount equal to the amount of the said contract, less $50,000.00. Lessor shall be under no obligation to award the contract until it such letter of credit. Such letter of credit able in whole or in part upon presentation of of Lessor~s City Manager that the Basic Improvements have been completed in accordance with the plans provided by the Lessee and accepted by the Lessor and that the Lessee has not paid Lessor its portion of the said contract for the Basic Improvements within thirty (30) days of receiving a written request from Lessor requesting said payment, in whole or in part. Such letter of credit shall be maintained by Lessee until January 1, 1989, unless the Lessor shall sooner agree to the cancellation of said letter of credit, is in receipt of shall be pay- an affidavit - 4 which Lessor shall agree to upon payment of its portion of the contract for Basic payment in full of Lessee's obligations, in full by Lessee Improvements. Upon Lessor shall forth- with return the letter of credit to Lessee and shall con- currently furnish Lessee with a letter on the letterhead of Lessor, addressed to the bank issuing the letter of credit stating that the and executed by the Lessor's City Manager, letter of credit may be cancelled. 5. pent. For the initial five-year term of this Lease Agreement, Lessee shall pay to the Lessor, at the Lessorts Office of Billings and Collections, as rent, for the use of the Leased Premises the sum of $375.00 per month ($4.500.00 per year), payable monthly in advance, plus one percent (1%) of the first $500,000 in gross revenue from sales made from the Leased Premises each year, three percent (3%) of the gross revenue of $500,000 to $1,000,000, and four pereent (4%) of the gross revenue over $i,000,000, which sum shall be payable within sixty (60) days of the end of each calen- dar year. There shall be excluded from gross revenue any sales tax or other similar tax, uncollected funds, sales to em- ployees and any catalog sales. Lessor shall have the reasonable right to inspect Lessee's financial records to the extent necessary to verify the amount of Lessee's yearly gross receipts from sales on the Leased Premises. Lessee shall be given a credit of up to $25,000.00 towards its rent for Basic Improvements installed on the Leased Premises at the Lessee's expense pursuant to the pro- visions of Paragraph 4 above. The credit shall be applied to the rent due until the credit shall have been expended. 6. Use of Premises. Lessee hereby agrees that the Leased Premises will be used for the retail sale of clothing and other items and products and for operations in conjunc- tion with its catalogue sales operation, and that the Leased Premises shall not be put to any other use without the prior written consent of Lessor. 7. Maintenance. Lessor, at its sole cost and expense, will service and maintain the structural foundation of the walls, exterior canopies, exterior lighting, utility and service lines and roof of the Leased Premises and shall re- place any HVAC equipment which requires replacement. Lessee, at its sole cost and maintain the Leased Premises and appearance during the term of and expense, will service in good repair, condition this Lease, ordinary wear and tear excepted, and Lessee will make all non-structural ohanges of every kind or nature which may be required to be made for any reason in connection with Lessee's use of the Leased Premises, once the Basic Improvements provided for Paragraph 4 above are made or installed. Lessee shall keep in good running order electric wiring, toilets, water pipes, water, gas and electric fix- - 6 - tures; replace all locks, trimmings, glass and plate glass broken during the tenancy, and unstop all water fixtures that may become choked. If there be any elevators, escala- tors, lifts, machinery or appliances (herein called "equip- ment'') on the Leased Premises, Lessee shall care for, main- tain, and repair same, and shall indenmify and save harmless Lessor from any liability or claims for damages for injuries to persons and property arising therefrom, unless due to Lessor's negligence. Lessee shall not make any alterations of, additions to or changes in the Leased Premises or equip- ment without the prior written consent of Lessor, which con- sent shall not be unreasonably withheld. Lessee further covenants and agrees that all signage and the general appearance of the Leased Premises shall be subject to the prior approval of the Lessor, which approval shall not be unreasonably withheld. Lessee shall remove any signage or other materials which negatively affect the general appearance of the Leased Premises in the sole and exclusive discretion of Lessor. All permanent alterations, changes, and improvements, by whomsoever made, shall be the property of Lessor. Nothing contained in this paragraph shall be construed as requiring Lessor to make any repairs, except repairs of a structural nature, and as specified earlier in this paragraph. 8. Inspection. Lessee shall permit Lessor or its authorized agents to enter the Leased Premises for the put- - 7 - pose of inspection at any reasonable time or times and upon reasonable notice during the term of this Lease provided, however, that such inspections shall not unreasonably inter- fere with Lesseets use and occupancy of the Leased Premises. 9. Utilities. Lessee shall promptly pay all fuel, water, gas, sewage, electricity, lighting, and other bills as the same may become due, it being understood and agreed that the Lessee shall promptly make all required deposits for meters and utilities services. The Lessor agrees to install separate meters for all utilities which are Lesseets responsibility. 10. Insurance and Indemnification. Lessee agrees to pay and to protect, indemnify and save harmless Lessor from and against any and all liabilities, damages, costs, ex- penses, including, without limitation, reasonable attorneyst fees, causes of action, suits, claims, demands, or judgments of any nature whatsoever arising from injury to or death of persons or damages to property resulting from Lesseets use of the Leased Premises caused by any act or omission of Lessee. Lessee shall, at its cost and expense, obtain and maintain during the term of this Lease comprehensive general liability insurance with companies of recognized standing, including protection against bodily injury or death liabi- lity and property damage liability, providing no less than $1,000,000.00 combined single limit of liability per occur- - 8 - fence, which policies shall name Lessor as an additional insured. The Lessee shall furnish Lessor with a certificate or certiffcates showing the type, amount, effective dates and date of expiration of the required insurance policy or policies prior to and for the duration of the occupancy of the Leased Premises. The certificate shall contain substantially the following statement "The insurance covered by this certificate shall not be cancelled or materially altered, except after thirty (30) days written notice has been received by the City of Roanoke." 11. Destruction of Premises. Lessee shall be respon- sible for insuring all personal property, equipment, and trade fixtures, and Lessee shall hold Lessor harmless for said items, if destroyed or damaged by fire or otherwise, unless caused by Lessor's negligence. Lessor shall be responsible for and shall maintain fire and extended coverage insurance on the C~rage and the structural portions of the Leased Premises and the Basic Improvements paid for by the City at replacement cost in reputable insurance companies. If the Leased Premises are damaged or destroyed in whole or in part by fire or other casualty and the same can be repaired or restored within one hundred twenty (120) days from the date of the damage, Lessor shall repair the Leased Premises and the Basic Improvements within the said period and, in that event, there shall be a proportional abatement of rent to the extent Lessee is unable to conduct its business in a normal manner while Lessor repairs the Leased Premises. In the event the Leased Premises are damaged and destroyed and cannot be repaired or restored within one hundred twenty (120) days from the date of the damage, either Lessor or Lessee may terminate this Lease by giving written notice to the other within thirty (30) days after the damage occurs, in which event this Lease shall termi- nate, and rent shall abate in total from the date of such damage or destruction. If neither party elects to terminate this Lease, Lessor shall proceed with due diligence to pair and restore the Leased Premises and the rent shall abate in proportion to the extent Lessee is unable to con- duct its business in a normal manner from the date of such damage or destruction. 12. Eminent domain. Eminent domain proceedings resulting in the condemnation of part of the Leased Premises that leave the rest usable by Lessee for the purposes of the business for which the Leased Premises are leased will not terminate this Lease, unless Lessee at its option terminates it by giving written notice of termination to the other party. The effect of such condemnation, should such option not be exercised, will be to terminate the Lease as to the portion of the Leased Premises condemned and leave it in effect as to the remainder of the Leased Premises, and the rent and utilities and charges fee provided for herein shall - 10 - be adjusted accordingly. Compensation awarded as a result of such condemnation shall be that of Lessor, except to the extent that part of the award is allocated and specifically identified as damages for the value of Lesseets leasehold estate, its trade fixtures or to relocation costs. Lessor agrees not to use its power of eminent domain to take all or any portion of the Leased Premises. 13. Assignment. Lessee shall not assign or transfer this Lease in whole or in part, sublet or license the Leased Premises or any part thereof without the prior writ- ten consent of Lessor, which consent shall not be unreason- ably withheld, except that Lessee shall have the right with- out Lessorts consent to sublease or assign the Leased Pre- mises or any part thereof to a parent, subsidiary, or affili- ate of Lessee to be used for the purposes set out in Para- graph 6 above. If consent to assign or sublease is given, no such assignment or sublease shall in any way release or relieve Lessee from any of its covenants or undertakings contained in this Lease, and Lessee shall remain liable on this Lease during the term thereof. 14. Force Majeure. The obligations of the parties hereunder shall be subject to force majeure (which shall include lawful strikes, riots, floods, accidents, Acts of God, and other causes or circumstances beyond the control of the party claiming such force majeure aa an excuse) for nonperformance of such obligations. 11 - 15. Default. tween the Lessor the timely payment of rent set out in Paragraph 5, above, any part thereof, or in the event of breach by Lessor or Lessee of any of the covenants and agreements herein con- tained, the aggrieved party may serve a written sixty (60) day notice of default, specifying such default, on the breaching party. If said sixty (60) days. tally end and expire; It is understood and agreed by and be- and the Lessee that if default be made in such default is not remedied within this Lease Agreement shall automati- provided, however, if the default involves the failure of Lessor to perform its maintenance obligations under Paragraph 7 and the failure impairs Les- see's business operations, Lessor shall have a reasonable period of time to cure not to exceed seven (7) days. 16. Taxes and Assessments. Lessee agrees that it will be responsible for the payment of any leasehold taxes or other legal taxes, charges or assessments imposed by virtue of its occupancy of the Leased Premises. 17. Compliance with Laws. Lessee agrees to conform to and not to violate laws. ordinances, rules, regulations, and requirements of federal, state, county, municipal, or other governmental authorities and the various departments thereof now existing or hereinafter created affecting Lessee~s use . and occupancy of the Leased Premises. 18. Lessee's Obligation to {~uit Premises. Lessee shall, upon the expiration or termination of this Lease. or 12 - peaceably quit and deliver to Lessor possession of the Leased Premises in the same condition as of the date of com- mencement; normal wear and tear and damage caused by fire or natural disaster excepted, and shall promptly elean up and remove all personal property and non-fixture items on the Leased Premises. 19. Fixtures. All fixtures, equipment, improvements, and appurtenances permanently vacated to or built into the Leased Premises, whether or not by or at the expense of Lessee, and any personal property of the Lessor or installed by Lessor in the Leased Premises shall be and remain a part of the Leased Premises and shall be deemed property of the Lessor and shall not be removed by Lessee. All movable partitions, other business and trade fixtures, furnishings, furniture, machinery and equipment, co,~au~nications equipment, and other personal property located in the Leased Premises and acquired by or for the account of Lessee without expenses to Lessor may be removed by Lessee at any time during the term hereof, provided that Lessee shall repair resulting from such of Lessor. any damage to the Leased Premises removal to the reasonable satisfaction 20. Peaceful Enjoyment. Lessor covenants and agrees that if and so long as Lessee shall pay the rent called for under this Lease as the same shall become due and shall keep all the covenants and agreements required by it to be kept - 13 during the Lease and shall perform all its other obligations hereunder. Lessee shall have the peaceful and quiet occupa- tion and enjoyment of the Leased Premises. 21. Notices. Notices given under the terms of this Lease shall be deemed properly served if such notice is mailed by Certified United States Mail, Return Receipt Requested; if to Lessor addressed to City Manager, City of Roanoke, Room 364 Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011; and if to Lessee addressed to Orris Roanoke, inc., P. O. Box 12000, Roanoke, Virginia 24022-8008, with a copy to The Orris Company, Manchester. Vermont 05254. Notice mailed in accordance with the provi- sions hereof shall be deemed to have been given as of the date of receipt or the third business day following the date of such mailing, whichever date is earlier. 22. Covenants and Conditions. Each provision of this Lease shall be deemed to be both a covenant and a condition running with the land unless otherwise provided. 23. Conveyances. If Lessor sells, conveys or passes title to the Leased Premises. the Lessee shall be bound by the terms and conditions herein to the new owner of the Leased Premises. and the new owner shall'take title subject to this leasehold interest. 24. Severability. If any clause or provision of this Lease is or becomes illegal or unenforceable because of pre- sent or future laws or rules or regulations of any govern- 14 - mental body or entity, effective during the term of this Lease, the intention of the parties hereto is that the remaining'parts of this Lease shall unless such clause or provision is, mination of both Lessee and Lessor, not be affected thereby in the reasonable deter- essential and material to their respeetive rights, in which event either party shall have the right to terminate this Lease upon thirty (30) days' written notice to the other party. 25. Completeness of Agreement. This document, together with Exhibit "A" constitutes the entire agreement between the parties and supersedes any prior understanding or writ- ten or oral agreements between the parties respecting the within subject matter. No changes or modifications of any of the covenants, terms or conditions hereof shall be valid in writing and signed by hereto. Successors and Assigns. authorized officers of the This Lease Agreement shall their successors and assigns. unless parties 26. be binding upon the parties and 27. Non-Discrimination. During the performance of this contraet, the Lessee agrees as follows: Lessee will not discriminate against any subeon- traetor, employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide oecupa- tional qualification reasonably neeessary to the normal operation of the contractor. Lessee agrees to post in 15 - conspicuous placsa, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Lessee, in all solicitations or advertisements for employees placed by or on behalf of the Lessee. will state that such Lessee is an equal employment opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law. rule or regulation shall be deemed sufficient for the purpose of meeting the rsquire- ments of this section. Lessee will include the provisions of this Para- graph 27, in every subcontract or purchase order for con- struction at the Leased Premises of over ten thousand dollars ($10,000.00). so that the provisions will be binding upon each subcontractor or vendor. Any by the Lessee to comply with the terms of shall not be grounds for terminating this inadvertent failure this Paragraph Lease Agreement. 28. Governing Law. This Lease Agreement shall be governed by and construed in accordance with the laws of Commonwealth of Virginia. the 29. No Broker. The parties covenant that this Lease Agreement was directly negotiated between them and no broker was involved in bringing about this Agreement. No claim of a broker's fee shall be made against either party. 16 - 30. Memorandum of Lease - Recording. The parties agree that in the event either party hereto shall desire to file this Lease of record, the parties here- to shall forthwith cause to be prepared, and shall thereafter execute, a memorandum of this Lease in the form prescribed by statute, which memorandum, and not this Lease, shall then be so filed for record. 31. Subordination. This Lease and rights of the Lessee hereunder are and shall be subject to the lien of any and all mortgages which may now or hereafter affect the Leased Premises or the C~rage. provided that such mortgagee agrees not to disturb the tenancy of Lessee under this Lease so long as Lessee is not in de- fault hereunder. 32. Waiver of Subrogation. Each of the parties to this Lease hereby waives all causes of action and rights of recovery against the other party, and their respective heirs, administrators, succes- sors, officers, employees, agents and assigns for any loss or damage occurring to the Leased Premises, or the improve- ments, fixtures, merchandise and personal property of every kind located in and about the Leased Premises resulting from any perils covered by insurance regardless of cause or origin, including the negligence of either party, their respective heirs, administrators, successors, officers, em- ployees, agents and assigns to the extent of any recovery - 17 under a policy or policies of insurance. To the extent neces- sary to effect the foregoing waiver of subrogation, each of the parties agree to obtain from their respective insurance carriers endorsements to such policies of insurance waiving the right of subrogation of the insurance carrier. IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and year first above written. CITY OF ROANOKE, VIRGINIA ATTEST: By W. Robert Herbert, City Manager Mary F. Parker, City Clerk ATTEST: ORVIS ROANOKE, INC. B~ (title) (title) STATE OF VIRGINIA § § CITY OF ROANOKE § The foregoing instrument was acknowledged before me this day of , 1987, by W. Robert Herbert and Mary F. Parker, City Manager and City Clerk, respectively, 18 - of the City of Hoanoke, Virginia, City. My Commission expires: for and on behalf of said [ SEAL ] Notary Public STATE OF CITY/COUNTY OF the of The behalf of foregoing instrument day of and said Corporation. was acknowledged before me , 19 , by and , for and on this My Con~nission expires: [ SEAL ] Notary Public - 19 - Leased Premises EXI{IBIT A Of~e o~ the Oty June 17, 1987 File #87 Mr. Jack C. Smith, Chairman Governor's Study Co~nission 14 West Kirk Avenue Roanoke, Virginia 24011 Dear Mr. Smith: I am enclosing copy of Resolution No. 28688, commemorating the completion of the Blue Ridge Parkway, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1987. On behalf of the Mayor and Members of the Roanoke City Council, f would like to extend congratulations and best wishes to the National Park Service and to the Governor's Study Commission on the 1987 Grand Opening of the Blue Ridge Parkway. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra Eric. cc: Mr. W. Robert Herbert, City Manager I~om456 /~/~nlcll~alBul~ng 2150~¢'chAv~'~ue, S.W. Roclnoke, Vlrglnla24011 (703)981-25~1 June 17, 1987 File #87 Ms. Deborah Morgenthal Special Assistant to the Secretary 14 West Kirk Avenue Roanoke, Virginia 24011 Dear Ms. Morgenthal: I am enclosing copy of Resolution No. 28688, convnemorating the completion of the Blue Ridge Parkway, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1987. On behalf of the Mayor and Members of the Roanoke City Council, I would like to extend congratulations 'and best wishes to the National Park Service and to the Governor's Study Corr~nission on the 1987 Grand Opening of the Blue Ridge Parkway. Sincerely, ~l~t~.Z~- Mary F. Parker, CMC City Clerk MFP:ra Enc. cc: Mr. W. Robert fferbert, City Manager FIoom456 MunlcipolB~ildlng 215 Church Avenue, S.W. Roono~e,~,glnla24011 (703)981-2541 IN THE COUNCIL OF THE cITY OF ROANOKE, The 15th day of June, 1987. No. 28688. VIRGINIA, A RESOLUTION commemorating the completion of the Blue Ridge Parkway. WHEREAS, the Blue Ridge Parkway began as a Great Depression Era undertaking designed to provide much needed employment for destitute residents of the mountains of Virginia and North Carolina, and construction on this project began at Cumberland Knob in Alleghany County, North Carolina, on September 11, 1935; WHEREAS, during the intervening fifty-two years, the Blue Ridge Parkway h~s not only fulfilled its original purpose, but has become an internationally renowned example of how harmony between man and the natural environment can be carefully planned and implemented; WHEREAS, the outstanding natural, attributes of this 470-mile-long unit cultural, and recreational of the National Park System have attracted more than 21 million visits per year even though the Blue Ridge Parkway is not yet complete; WHEREAS, the final section of Parkway under construction, seven and one-half miles father Mountain in North visitors on September 11, around the rugged Carolina, will be 1987; and historic Grand- complete and open to WHEREAS, the Commonwealth of Virginia and the State of North Carolina, in cooperation with the National Park Service, have planned and will implement "Dedication '87," a summer-long series of events leading to the opening of the final section; WHEREAS, "Dedication '87" promises to attract national and even international attention and attendance, thereby contributing to the appreciation, awareness, and understanding of Ridge Parkway as well as the two states; and WHEREAS, a dedication program has been scheduled 11, 1987, which is of construction of THEREFORE, BE Roanoke as follows: 1. This Council sends to the National Park Service on the 1987 Grand Opening of the Blue Ridge Parkway upon the Blue for September the Fifty-second Anniversary of the beginning the Blue Ridge Parkway; IT RESOLVED by the Council of the City of sion of 2. National Governor's Study Commission its congratulations and best wishes and the Governor's Study Commission the occa- the completion of this magnificent project. The City Manager is requested to cooperate with the Park Service, the Commonwealth of Virginia and the in appropriate dedication ceremonies for the Parkway. 3. The City Clerk is directed of this Resolution to Jack C. Smith, to forward an attested copy Chairman of the Governor's Study Commission, and Deborah Morgenthal, Special Assistant the Secretary, National Park Service. ATTEST: to City Clerk. Committee Gary Everhardt Superintendent Blue Ridge Parkway and Chairman Sen. Harry F. Byrd Jr. Winchester, VA Honorary VA Chairman Mrs. Richard G. Dick Winchester, VA Mrs. Lindsay G. Dorrier Jr. Scottsville, VA H. T.N. Graves Luray, VA Mrs. Mary R. Guynn Galax, VA C. W. Hardin Canton, N.C. Jack M. Hennessee Mrs. Robert C. Kinser Asheville, N.C. N.C. Chairman Hugh Morton Linville, N.C. E. Spencer Robbins Blowing Rock, N.C. Jack C. Smith Roanoke, VA VA Chairman Blue Ridge Parkway DEDICATION '87 14 W. Kirk Avenue * Roanoke, VA 24011 * (703) 3445188 or 700 Northwestern Plaza * Asheville, N.C. 28801 * (704) 259-0351 May 11, 1987 Dr. Noel C. Taylor Mayor 215 Church Avenue, SW Roanoke, VA 24011 Dear Mayor Taylor: On September 11, 1987 the Blue Ridge Parkway will reach an historic milestone. After 52 years of construction and some $124-million in costs, the scenic motor road will be completed. In recognition of this achievement, a summer-long celebration entitled "Dedication '87" is being planned by the Commonwealth of Virginia, the State of North Carolina and the Blue Ridge Parkway Association. Their common goal is to make the nation and the world more aware and appreciative of the vast natural, recreational and cultural resources to be found on the Parkway and in the 29 counties through which it passes. The highlight of the celebration will be dedication ceremonies at Grandfather Mountain, location of the final segment of Parkway construction. On September 11, this panoramic, 7.5-mile section officially will be opened to the public. To help us adequately observe this occasion, we solicit your support for "Dedication '87" in the form of a resolution. As an example you might wish to consider, we are enclosing a copy of House Joint Resolution No. 365 enacted by the General Assembly of Virginia in February, 1987. Thank you for your interest in the Blue Ridge Parkway and its activities. We will appreciate receiving the original or a copy of any action you might take on this matter. If we can be of assistance, please don't hesitate to contact us. Sincerely, GENERAL ASSEMBLY OF VIRGINIA - 1987 SESSION HOUSE JOINT RESOLUTION NO. 365 Requesting the 'Deportment o/ Transportation and the 'ision o[ Tourism to cooperate with the State o/ North Carolina. the National Park .:.~:rvice. and the Governor's Study Comrni~ion on the 1987 Grand Opening o! the Blue Ridge Parkway in the preparation o! an appropriate dedication o! the Blue Ridge Parkway. Agreed to by the House of Delegates, February 9, 1987 Agreed to by the Senate. February 19. 1987 WHEREAS, the Blue Ridge Parkway began as a Great Depression Era undertaking designed to provide much needed employment for destitute residents of the mountains of Virginia and North Carolina; and WHEREAS, construction on tuls project be_~n~n at Cumberland Knob in Allegaany County, North Carolina, on September 11, 1935; and WHEREAS, during the Intervening fifty-two y~ars, the Blue Ridge Parkway has not only fulfilled its original purpose, but has become an internationally renowned .example of how harmony between man and the natural environment can be carefully planned and implemented; and WHEREAS, the outstanding natural, cultural, and recreational attributes of this 470-mile-long unit Of the National Park System have attracted more than 21 million visits per year;, and · WHEREAS, this popularity generated even thougl~ the Blue Ridge Parkway is not yet complete; and WHEREA~, the final section of Parkway under construction, seven and one-halt miles around the rugged and historic Grandfather Mountain in North Carolina, will be comi/lete and open to visitors on September 11. 1987; and WHEREAS, the Commonwealth of Virginia and the State of Nor'th Carolina, in cooperation with the National Park Service. have planned and will implement "Dedication '87.' a summer-long series of events leading to the opening of the final section; and WHEREAS, "Dedication '87" promises to attract national and even international attention and attendance, thereby contributing to the appreciation, awareness, and understanding of the Blue Ridge Parkway ns well as the two states; and WHEREAS,. a dedication program bas been scheduled for September 11, 1987, which is the Fifty-second Anniversary of the beginning of construction o! the Blue Ridge Parkway; now, therefore, be it RESOLVED by the House of Delegates,' the Senate concurring, That the Department td Transportation and the Division of Tourism be and are hereby requested to cooperate with the State of North Carolina, the National Park Service, and the Governor's Study Commission on the 1987 Grand Opening of ~e Blue Ridge Parkway in the preparation of appropriate dedication ceremonies tot the Blue 'Ridge Parkway. 'RESOLVED FURTHER, That the Clerk o! the House of Delegates prepare a copy of this resolution for presentation to Jack C. Smith, Chairman of the Governor's Study Commi~lon on the 1987 Grand Opening of the Blue Ridge Parkway. OFFICE OF THE CITY A'I-rORNEY WILBURN C. DiBLING, JR. 464 MUNICIPAL BUILDING CITY ATTORNE'Y ROANOKE, VIRGINIA 24011 703-981-2431 June 15, 1987 The Honorable Vice-Mayor and Members Roanoke City Council Roanoke, Virginia Re: Blue Ridge Parkway Dear Mrs. Bowles and Gentlemen: At the Council meeting of June 8, 1987, City Council had before it a letter from Deborah Morgenthal, Special Assistant to the Secretary, National Park Service, requesting that Council adopt a resolution commemorating the completion of the Blue Ridge Parkway after fifty-two years of construction and the expenditure of more than $124,000,000. Upon motion of Council, this matter was referred to the City Manager and the City Attorney. I am pleased to communicate with this report an appropriate resolution to be forwarded to Jack C. Smith, Virginia Chairman of the Blue Ridge Parkway Dedication '87 and to Ms. Morgenthal. The City Manager and I recommend the adoption of this resolution to you. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCDj :ps Attachment cc: W. Robert Herbert, City Manager Ofttce of the City C)en~ June 17, 1987 File #80 Mrs. Eva L. Puckett 4814 Westhill Drive, S. W. Roanoke, Virginia 24018 Dear Mrs. Puckett: I am enclosing copy of Resolution No. 28689, memorializing the late Paul J. Puckett, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1987. On behalf of the Mayor and Members of the Roanoke City Council and Administrative Officials, [ would like to express heartfelt sympathy upon the passing of your dear husband. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Eno. Room456 Munk:ll~aiBuildlng 2150~urchAve~'~e,S.W. Roc~oke,'Vlrgk~lo2d011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1987. No. 28689. A RESOLUTION memorializing the late Paul J. Puekett. WHEREAS, the members of this Council have learned, with sorrow, the passing on June 8, 1987, of Paul J. Puckett, a former member of City Council and a long time resident of the City of Roanoke; WHEREAS, in 1954, Mr. Puckett was elected to this Council of an unopposed slate and served on Council December 20, 1954, when he was compelled to employer's transferring him to Baltimore; of WHEREAS, in 1971, Mr. Roanoke, and subsequently Mr. Sheriff in a special election the general election in 1973; WHEREAS, as Sheriff Mr. Puckett was acclaimed for modernization and reform of the jail, and some of his accomplishments included remo- deling of jail facilities, enhancement of security through installa- tion of remote control cameras and improvement of inmate quality of life by virtue of hiring paramedics to provide for medical care and the institution of religious services for inmates; WHEREAS, in 1977, Mr. Puckett was appointed by the President of the United States to the Office of United States Marshal for the Western District of Virginia, an Office in which he served until he retired in 1983; and WHEREAS, in his public service, Mr. Puckett demonstrated personal characteristics of honesty, integrity, competence, fairness and Puckett was appointed Sheriff of the City of Puckett was elected to the Office of in 1972 and thereafter was re-elected in as part from September 1, 1954, to resign as a result of his loyalty earning him the eitizens of this City; THEREFORE, BE IT RESOLVED by follows: 1. Council desires to take J. Puckett and to pay respect to member, and Council adopts this deepest regrets at his passing. the highest respect of other public officials and the Couneil of the City of Roanoke as special note of the passing of Paul the memory of this former Couneil resolution as a means of recording its 2. Council extends to Mrs. Eva Long Puckett, widow of Mr. Puckett, and their ehildren, the sympathy of this Couneil and that the eitizens of this City whom he faithfully served. 3. The City Clerk is directed this resolution to Mrs. Puckett. to forwarded an attested copy of of ATTEST: City Clerk. April 16, 1987 File #51 Mrs. Susan S. Goode Chairman City Planning Corr~nission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition and list of property owners from Daniel Fo Layman, ,Ir., .epresenting CBL Management, Inc., requesting that a certain tract of land located on the north side of Shenandoah Avenue, N. W., between Old Stevens Road, N. W. and West Side Boulevard, N. W., containing 5.1! acres, more or less, and designated as Official Tax No. 2732201, be rezoned from RS-2, Single Family Residential District, to C-2, General Commercial District. Sincerely Mary F. Parker, CMC City Clerk MFP: r a Enco cc: Mr. Daniel F. Layman, Jr., Attorney, Woods, Rogers and Bazelgrove, P. 3. 5ox 720, Roanoke, Virginia 24004 Mr. John R. Marlles, Chief of Community Planning Ms. Martha P. Franklin, Secretary, City Planning Commission Mr. John E. Merrithew, Agent, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room456 MunlcipalBulldlng 215 0~urch Avenue, S,W. Roanoke, Vlrginia24011 (703)981-2541 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: ) ) Rezoning of a tract of land lying) on the north side of Shenandoah Avenue, N.W. between Old Stevens Road, N.W. and West Side Boule- vard, N.W. from RS~2, Single Family Residential District, to C-2, General Commercial District PETITION FOR REZONING TO: The Honorable Mayor and Members of the Council of the City of Roanoke (1) The petitioner, CBL Management, Inc., has contracted to purchase a tract of land located in the City of Roanoke, Virginia, on the north side of Shenandoah Avenue, N.W., between Old Stevens Road, N.W. and West Side Boulevard, N.W., contain- ing 5.11 acres (more or less) and designated on the Roanoke City Appraisal Map as Official Tax No. 2732201. The tract is currently zoned RS-2, Single Family Residential District. A copy of Roanoke City Appraisal Map Sheet 273 showing the property to be rezoned is attached to this petition as Exhibit A. (2) Pursuant to Articles VII and VIII of Chapter 36 of the Code of the City of Roanoke (1979), the petitioner requests that the said property be rezoned from RS-2, Single Family Residential District, to C-2, General Commercial District, to permit construction by petitioner of a neighborhood shopping center. (3) The petitioner believes that the rezoning of said property will further the intent and purpose of the Zoning Ordinance and the Comprehensive Plan of the City of Roanoke by making available for commercial development a tract of land the location of which renders it better suited for commercial than for residential development. (4) Attached as Exhibit B are the names and addresses of the owners of all property immediately adjacent to or across adjoining streets from the property to be rezoned. WHEREFORE, the petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove P. O. Box 720 Roanoke, VA 24004 Respectfully submitted, CBL M~NAGEMENT, INC. Of Counsel (3 Counsel for the Petitioner -2- EXHIBIT B Roanoke City Tax Map Number 2731201 2731202 2731203 2731204 2731205 2731206 2731207 2731208 2731209 Owner Joseph Mays, Jr. and Candous L. Mays 3856 Rolling Hill Avenue, N.W. Roanoke, VA 24017 Milton R. Jones and Daisy T. Jones 3852 Rolling Hill Avenue, N.W. Roanoke, VA 24017 Leslie E. Reynolds and Genia M. Reynolds 3846 Rolling Hill Avenue, N.W. Roanoke, VA 24017 Charlotte R. Elkins 3838 Rolling Hill Avenue, Roanoke, VA 24017 N,Wo Eugene Lamar and Esther H. Lamar 3834 Rolling Hill Avenue, N.W. Roanoke, VA 24017 James L. Peete and Arlene R. Peete 3828 Rolling Hill Avenue, N.W. Roanoke, VA 24017 Donovan L. Franklin 3822 Rolling Hill Avenue, N.W. Roanoke, VA 24017 Samuel G. Pierson and Sheila A. Pierson 3814 Rolling Hill Avenue, N.W. Roanoke, VA 24017 Anthony P. Wallace and Eunice B. Wallace 3808 Rolling Hill Avenue, N.W. Roanoke, VA 24017 2731210 2732301 2731301 2730216 2720603 2720604 2720602 2720701 Clyde G. Roland and Mildred G. Roland 3802 Rolling Hill Avenue, N.W. Roanoke, VA 24017 Harvey S. Lutins, Trustee P. O. Box 1282 Roanoke, VA 24006 C & W Associates 3768 Rolling Hill Avenue, N.W. Roanoke, VA 24017 Harvey S. Lutins, Trustee P. O. Box 1282 Roanoke, VA 24006 Frank R. Radford 3421 Shadblow Lane, Roanoke, VA 24014 Frank R. Radford 3421 Shadblow Lane, Roanoke, VA 24014 S.Wo Shenandoah Investors Limited Partnership c/o David A. Dean 2302 Colonial Avenue, S.W. Roanoke, VA 24015 Roanoke Electric Steel Corp. P. O. Box 13948 Roanoke, VA 24034