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HomeMy WebLinkAboutCouncil Actions 10-13-86REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL October 13, 1986 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call· Mr. H~vey~6 abse~. The invocation will be delivered by The Reverend William E. 01ewiler, Pastor, Highland Park United Methodist Church· The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor· BID OPENINGS Bids for construction and installation of the Sister City Fountain. Three bi~ were referred to a committee composed of M~srs. Garland, Ch~an, Clark and Kiser. PUBLIC HEARINGS Public hearing on the request of The Murchison Company, a Texas Corporation, that a 4.1 acre tract of land located at the intersection of Route 419 and Keagy Road, designated as Official Tax Nos. 5130119, 5130121 and 5130122, be rezoned from RS-l, Single Family Residential District, to C-1, Office and Institutional District, subject _to certain proffered conditions. Mr. Edward A. Natt, Attorney· DENIED. B. Public hearing on the request of The Murchison Company, a Texas Corporation, that a tract of land containing 12.37 acres, located on the westerly side of Grandin Road Extension, south of Airview Road, S. W., designated as Official Tax Nos. 5090204 and 5090203, be rezoned from RS-l, Single Family Residential District, to RG-1, General Residential District, subject to cer- tain proffered conditions. Mr. Edward A. Natt, Attorney. Adopted 0rdinance No. 28385 (6-0) on first reading. C. Public hearing on the request of James L. Cross, Jr., representing Nancy S. Wheeler; Curtis W. Fitzgerald, representing Rafael and Gwendolyn Porres; Spurgeon W. and Inez F. St. Clair; and Earl H. and Cheryl S, Mitchell, that a tract of land lying between the 4800 and 5000 blocks of Melrose Avenue, N. W., designated as Official Tax Nos. 6090502, 6090503, 6090506, 6090508, and 6090509, be rezoned from C-2, General Commercial District, to LM, Light Manufacturing District. Mr. James L~ Cross, Jr., Spokesman· RefeY~ed backto the City Planning Commission for further consideration. (1) Public hearing on the request of Corbieshaw Associates, a General Partnership consisting of Eugene M. Elliott, Jr., Michael M. Waldvogel and Thomas M. Hubard, that a certain tract of land located at the intersection of- Brambleton Avenue and Woodlawn Avenue, S. W., designated as Official Tax No. 1650318, be rezoned from RS-3, Single Family Residential District, to C-1, Office and Institutional District, subject to certain proffered conditions. Mr. Euqene M Elliott, Jr., Attorney· Adapted Ordinance No. 283~ (6-0)~n first reDuCing. E. Public hearing on the request of O. DeWitt Hartman and Helen W. Hartman, that two tracts of land con- taining approximately 1.03 acres, located at the inter- section of Woodbridge Avenue and Peters Creek Road, N. W., designated as Official Tax Nos. 6370206 and 6370207, be rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District, subject to certain proffered conditions. Mr. Clifton A. Woodrum, Attorney. Adopted OrdinoJ~ce No. 28387 (6-0) on first reading. F. Public hearing on the request of Barry E. Dotson & Associates, Inc., that four tracts of land located on the east s.ide of U.S. Route 220 South '(Franklin Road) at its intersection with Southern Hills Lane (Virginia Route 722), designated as portions of Official Tax Nos. 5470116, 5470118, 5470119, and all of Official Tax No. 5470117, be rezoned from RS-3, Single Family Residential District and C-1, Office and Institutional. District, to C-2, General Commercial District, subject to certain proffered conditions. Mr. DanielA~ .,Layman,~. Jr., Attorney. Adop~ted Ordinance No. 28388 (5-I, : ~u~ser voz~ng no } on first reading. G. Public hearing on the request of Underhill Associates, a Virginia general partnership composed of Robert E. Blair and Elmer J. Craft, Jr., and Robert E. Blair and Ida B. Blair, husband and wife, that a paper alley, approximately 600 feet in length, located off Spruce Street, S. E., between Underhill Avenue and Brownlee Avenue, S. E., lying between Official Tax Nos. 4330801, 4330802, and 4330814, be permanently vacated, discon- tinued and closed. Mr. John R. Patterson, Attorney. Adopted Ordinance No. 28389 (6-0) on fx~tst reading. H. Public hearing on the request of the City of Roanoke Redevelopment and Housing Authority, that certain por- tions of Kimball Avenue and Seventh Street, N. E., be permanently vacated, discontinued and closed. Mr. Daniel F. Layman, Jr., Attorney. Adopted Ordi~nee No. 28390 (6-0) on float reading. CONSENT AGENDA {APPROVED6-0) 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 DISCUSSIDN IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. (2) C-1 C-2 C-3 C-4 A communication from Mayor Noel C. Executive Session to discuss personnel vacancies on various authorities, boards, mittees appointed by Council, pursuant to (1), Code of Virginia (1950), as amended. Taylor requesting an matters relating to commissions and com- Section 2.1-344 (a)_ RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss personnel mat- ters relating to vacancies on various aOthorities, boards, Commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss a personnel matter pursuant to Sec- tion 2.1-344 (a) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a personnel matter pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. A communication from Cox Cable Roanoke transmitting a summary of their status as of September 30, 1986. RECOMMENDED ACTION: Receive and file. A report of the City Manager recommending that a letter of appreciation be sent to Mr. H. Joel Kelly for his compliment of Valley Metro bus service. RECOMMENDED ACTION: Concur in recommendation. REGULAR AGENDA Hearing of Citizens Upon Public Matters: a. Request of Mill Mountain Zoo, Inc., to make a presentation on improvements made this year at Mill Mountain Zoo. Deferred unt~lthe O~tob~r20, 1986 me.ting. Petitions and Communications: A communication from the Industrial Development Authority requesting approval of a plan to assist Daly Seven, Inc., in financing the. acquisition, construction and equipping of a 100 room motel facility in the City, by issuance of its industrial development revenue bond in an amount esti- mated at $2,000,000.00. Def~r~d um;~ilth~ Oo~to6~ 27, 1986 mee~ing. (3) 10. b. A communication from the Industrial Development Authority requesting approval of a plan to assist Chief Rentals in amending the Authority's outstanding $910,000.00 Aggregate Amount Industrial Development Revenue Notes issued March. 17, 1981, to finance the acquisition, construction and equipping of a restaurant facility in the City. Defeyuted um~!:~ the 0~o6~r 27, 1986 meeting. Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: 1. A report with reqard to opening,Norwood Street, S W. Adopted Ordinance Nos. 28391, 2E392 and 28393 (6-u~. ' 2. A report with regard to Lake Drive, S. W. Council concurred in the recommendation. 3. A report with regard to contracts under the Vacant Lot Homesteading Program· Adopted Ordinance No. 28394 (6-0). 4. A report with regard to the Hershberger - Williamson Ro.ad Park project· Adopted Ordinance No. 28395 (6-0). Reports of Committees: a. A report of the committee appointed to tabu)ate bids received for site grading for the Urvis, Inc., Fulfillment Center, Roanoke Centre for Industry and Technology. Mr. Robert A. Garland, Chairman. Adopted Ordinance No. 28396 (6-0) and Ordinance No. 28397 (6-0)~. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: a. Ordinance No. 28383, on second reading, providing for the donation of a .19-acre parcel of City-owned land to Roanoke County for county community improvement purposes. Adopted Ordinance No. 28383 (6~0). b. A Resolution expressing appreciation to the Westside Elementary School PTA for their generous contribution of funds for play equipment at Westside Park Adopted R~o£ut~Lon No. 28398 (6-01. ' Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and members of City Counci I . Pe~on from Oaklawn Avenue r~ident~ in connection with i~tallation of sid~k, o_u~tb ~d g~. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: (4) Reappointed S~san M. Goode and Richard L. M~agh~r to the Ar~h~te~tu~u~ Review Board. Adopted Resolu~on No. 28399 (6-0) r~appoint~ng W. Bo~ng Izard as a Director of - the Indu~t~ Development A~thor~ty. Appointed the following persons as m~mbers of the Const~tu~onal Bicentennial Commission: Wilbarn C. Dibling, Jr. W. Cou~ey King, Jr. W. Holly Engle G~bert E. B~er, Jr. Wi~ B. Hopkins, Sr. E. Laban Johnson Appointed Sharon G. Watson to the Special Event~ Co~bttee. (51 October 15, 1986 File #51 Mr. Edward A. Natt Attorney 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: At the regular meeting of the Council of the City of Roanoke on Monday, October 13, 1986, Council held a public hearing on the request of your client, The Murchison Company, a Texas Corporation, that a 4.1 acre tract of land located at the inter- section of Route 419 and Kea§y Road, designated as Official Tax Nos. 5130119, 5130121 and 5130122, be rezoned from RS-l, Single Family Residential District, to C-1, Office and Institutional District, subject to certain proffered conditions. Pursuant to the following roll call vote of the Council, the request for rezoning was denied: AYES: Council member bowles .............................. 1. NAYS: Council members Bowers, Garland, Musser, Trout and Mayor Taylor ....................................... 5. (Council member Harvey was absent.) Mary F. Parker, CMC City Clerk MFP:se Room 456 Municipal Building 215 Church Avenue, $.W. Roonoke, Virginia 240t I (703) 981-2541 Mr. Edward A. Natt Page 2 October 15, 1986 CC: Mr. and Mrs. W. Frank Burton, Jr., 5329 Medmont Circle, S. W., Roanoke, Virginia 24018 Ms. Marilyn H. Jennings, 5321Medmont Circle, S. W., Roanoke, Virginia 24018 Ms. Miriam F. Flora and Ms. Beth F. Smith, 5313 Medmont Circle, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Wallace R. Bishop, 3830 Keagy Road, S. W., Roanoke, Virginia 24018 Mr. Lury W. Goodall, Jr., Fralin and Waldron Commercial Rental II, 3801 Electric Road, S. W., Roanoke, Virginia 24015-0175 Mr. Ernie Meier, Administrator, Lewis-Gale Hospital, Inc., 1900 Electric Road, Salem, Virginia 24153 Mr. William F. Hawkins, President, Colonial-American National Bank, 510 S. Jefferson Street, Roanoke, Virginia 24011 Mr. W. L. Dominy, President, Medmont Lake Neighborhood Association, 5501Medmont Circle, S. W., Roanoke, Virginia 24018 Mr. James E. Lehe, Planne~, County of Roanoke Department of Development, P. O. Box 3800, Roanoke, Virginia 24015 Mr. William J. Paxton, Jr., Salem City Manager, P. O. Box 869, Salem, Virginia 24153-0869 Mr. John Abbott, Salem City Engineer, P. O. Box 869, Roanoke, Virginia 24153-0869 Mr. Greg Jones, Sherertz, Franklin, Crawford & Shaffner, Architects, 14 West Kirk Avenue, S. W., Roanoke, Virginia 24011 Mr. Philip Henry, Buford T. Lumsden & Associates, P.C., 4956 Brambleton Avenue, S. W., Roanoke, Virginia 24018 Ms. Kathryn Glassbrenner, 5221Medmont Circle, S. W., Roanoke, Virginia 24018 Mr. Howard G. Worthy, Jr., 5535 McVitty Road, S. W., Roanoke, Virginia 24018 Ms. Evelyn Wilson, 3820 Keagy Road, S. W., Roanoke, Virginia 24018 Mr. Hugh A. Meagher, 3612 Keagy Road, S. W., Roanoke, Virginia 24018 Mr. William T. Ross, 1502 Electric Road, S. W., Roanoke, Virginia 24018 Mr. Richard B. Burrow, 4223 Belle Aire Circle, S. W., Roanoke, Virginia 24018 Mr. A. D. Woodson, P. O. Box 5495, Roanoke, Virginia 24012 Mrs. Rebecca R. Balzer, 4202 Cravens Creek Road, S. W., Roanoke, Virginia 24018 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. Edward A. Natt Page 3 October 15, 1986 cc: Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney CITY CLERICS OF~'tCE October 10, 1986 John Merrithew City Planner Office of Community Planning Roanoke, Virginia Subject: Rezoning Petition filed by Edward A. Natt, Attorney, representing The Murchison Company, a Texas Corporation, requesting that a 4.1 acre tract of land located at the southeasterly corner of the intersection of Route 4i9 and Keagy Road, Off. Tax Nos. 5130119, 5130121 and 5130122 be rezoned from RS-1 Single Family Residential to C-l, Office and Institutional District. Dear Mr. Merrithew: Pursuant to Section 36-555 (2) (3), Code of the City of Roanoke (1979), as amended, I recommend that a bond of security be required in the above-referenced request as follows: Turning lane in accordance with site plan submitted. $10,000 Storm drain in accordance with site plan submitted. $20,000 Landscaping in accordance with site plan submitted. $15,000 It will be my responsibility to release said guarantee upon the submission of satisfactory evidence that such conditions have been met. A reasonable time for completion of the work shall be agreed upon by the Zoning Administrator and the developer. Room 170 MunicllDOI ~ildir~ 215 Church Av~nu~ SW Roonc~e Virg,nio 24011 (703) 981 2221 John Merrithew October 10, ~1986 Page 2 It is my opinion that no bond or similar guarantee should be required of the petitioner to insure the per- formance of the remaining conditions in the petition. Sincer.~ly yours, . R~nald H. Miller Zoning Administrator RHM:ra cc: City Manager ~'City Attorney Director of Public Works Planning Department October 13, 1986 Re: Proposed Re-Zoning Keagy Road/Route 419 Office The Murchison Company Complex To Whom It May Concern: Sometime ago I was asked to sign, and subsequently signed, a petitition opposing commercial development plans proposed for the above location. At that time I was not clear as to the exact plans proposed; however, my initial concern was not for the Development Concept, but the increased traffic generated through the adjoining neighborhood. As a resident of that neighborhood residing on Cravens Creek Road I have great concern for "cut-through" traffic generated by future growth in the area. At this time and after review of the proposed concept by The Murchison Companies my only concern is increased traffic. I think that commercial development for the area in question is inevitable and that increased traffic will continue to be an issue. The City of Roanoke will ultimately be responsible for dealing effectively with traffic conjestion in-and-around neighborhood adjoining commercial developments. In this respect I wish to state my regret for signing a petition that opposes any commercial development at all in reference to the above. Sincerely, Rebecca R. Balzer ~1 MEDMONT lake association Honorable ~{ayor and ~4embers of Council City of P~ktnoke ~unicipal Buildin9 215 Church Street, S. W. Roanoke, Virginia Dear ~mbers of Council: 5510 M~dmont Circle, S. ~. Poanoke, Virginia September 22, 1986 I am proud to be President of the ~99dmont Lake Association and to represent forty- eight outstanding families of Roanoke in their effort to forestall the encroachment of a dense c~-rcial development on the Southeast corner of Route 419 and Keagy P~ad. We have obtained a petition opposing the project signed by 100 or more property owners in the area and we all stand four square in this matter. The reasons for our position are not minor. We live here and are thoroughly familiar with the present inadequate storm water system, w~ich is no system at all really. Ve receive storm water frcm the Atlantic Corporation, and others, across Route 419 through a 24 inch pipe, which then flows down a ditch (Murchison calls this a stream) across the back yards of Me~ont Circle properties, into a 24 inch pipe under ~nont Circle at the corner of BarrLhart Drive thence under the yards of two properties for a short >~y to an open ditch in ~.~nont Park and finally to Cravens Creek. In heavy rains, the pipes are so overloaded that repeatedly the man ]~le cover in front of .my property bl~,;s off and storm water gnshes like a fountain to flow across the street in a flood. If this cc~mercial project is built, and if their present vague plan for handling storm water is followed, we will be flooded during any hea~y sustained rainfall that fills their detention pond and then overflc~;s into our ditch. If this is allowed to happen, it will then require the expenditure of large s~ns of Roanoke City funds to correct the situation. (The Murchisons will be back in Houston). Of great importance also, is the traffic that will be generated by this project. Not so much the volume, as the very restricted single entrance - exit on Keagy Road. This project is not a Route 419 Project with turn-off lanes frc~n Route 419, frontal roads, entrances separate frc~ exits, as is done repeatedly along 419 at this time, such as Cave Spring Corner and Colonial Avenue intersections. The reasons that the ~urchison Cc~pany has not done this is obvious -- their site is too ~nall for a proper layout, and so their project is truly a Keagy Road project with a limited single entrance- exit. Honorable Mayor and Members of Council September 22, 1986 Page Two The Fire Chief of Rmanoke advises me that he caD_not object to the single entrance- exit since the City Code is apparently silent on this issue. To me, and others, this is a serious matter. The proposed buildings by the Texas folks ere frame structures, not fireproof at all, tightly clustered in an 8,6,3 configuration. It is my personal belief, s_nd I speak as a Professional Engineer, that a fire in this project ~xpuld result in cars leaving the project through the entrance-exit slot onto Keagy Road, plus normal traffic on Keagy Road, would possibly prevent fire apparatus gaining access to the fire. I have read the C-1 Zoning Ordinance and it speaks clearly that buildings under this classification mast be "residential in character". A~ain, as an architectural engineer, I find the proposed project anything but residential in character. The density is too great, and the buildings with their high roofs do not, I believe, resemble any residence found in the Valley. We, in Medmont Subdivision, enjoy and protect the kind of residential neighborhood that Rn~noke is proud to present to visitors, and others, and we feel sure that this cc~raercial project planned is liable to be a feet-in-the-door effect that could result in the near future in cc~mercial develot~nent all along Keagy Road. To the property owners in Medmont Subdivision, this ~ould be a serious blow to oar property values, and the present total $3,500,000.00 assessed value (Fair ~trket Value) would be substantially reduced. We would all suffer severe monetary losses. In conclusion, again as a professional engineer, my opinion is that the proposed project is not all in keeping with the area, it fills no critical need, and it will cause nothing but trouble down the line. In view of all of this, I again plead with you folks to reject the petition by the Murchison Cc~pany to rezone forthwith. Very sincerely yours, We in Medmont appreciate the ~rk you, Mr. Mayor, and your Council, in having the flood lights at ~Lidden Valley School eliminated. We say "Horrah" for re~noving a nuisance .' WlLBURN C. DIBLING, JR. CiTy At. OR N ~[y OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING October 13, 1986 -6 ? 3:25 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Murchison Co., rezoning on Keagy Road Dear Mrs. Bowles and Gentlemen: This is in regard to the request of the Murchison Co., a Texas corporation, to rezone a tract in the City at the corner of Keagy Road and Route 419 from RS-i, Single Family Residential District, to C-2, General Commercial District. Petitions have been filed with the City Clerk by citizens of the City opposed to the rezoning. Sufficient signatures have been set out in these petitions to invoke the provisions of §62(5) of the Roanoke City Charter which provides with reference to amendments to the City's Zoning Map, in pertinent part, as follows: "Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such change signed by the owners of twenty per centum or more either of the area of the lots included in each proposed change, or of those immediately ad- jacent in the rear thereof, or of those directly opposite thereto, such amendment shall not become effective except by the favorable vote of five- sevenths of all the members of the Council. In reviewing the petitions protesting the rezoning and the tax records of the City, I have ascertained that the record owners of all five of the lots in the City which abut the pro- perty proposed to be rezoned have properly signed the protest petitions. Using either Route 419 or Keagy Road as the front of the subject parcel, all of the owners of the lots "immediate- ly adjacent in the rear" of the subject property have signed the petitions, thus invoking the requirement that five-sevenths of all of the members of Council vote in favor of the rezoning in order for it to be approved. The owners of the five lots are as follows: The Honorable Mayor and Members of City Council October 13, 1986 Page Wallace R. 3830 Keagy Road and Blanche M. Bishop Off. Tax No. William Frank and Grace Burton, 5329 Medmont Circle Marilyn H. Jennings 5321 Medmont Circle Mariam F. Flora and Beth F. Smith 5313 Medmont Circle I would be pleased to respond of Council Jr. Off. Tax Nos. Of f. Tax No. Off. Tax No. to any questions may have with regard to this matter. Sincerely, 5130117 5130101 5130102 5130103 5130104 that the members WMH: fc f CC: Edward A. Natt, Esquire W. Robert Herbert, City Manager Mary F. Parker, City Clerk William M. Hackworth Assistant City Attorney CiTY CLERKS OFFICE '86 22 A9:5' Roanoke CJly Planning Commission October 13, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from The Murchison Company, represented by Edward A. Natt, Attorney, that a tract of land lying at the northeasterly corner of the intersection of Route 419 and Keagy Road, Official Tax Nos. 5130119, 5130121, and 5130122, be rezoned from RS-i, Single Family Residential District, to C-i, Office and Institutional District, such rezoning to be subject to certain conditions proffered by the petitioner. Please find attached the following information for your review on this rezoning matter. (1) Second Amended Petition to Rezone, dated 9/8/86. (2) Maps of the area requested for rezoning. (3) Proffered development plan dated 7/15/86 and revised 8/20/86. (4) Residents' petition in opposition to the request (approximately 100 signatures). (5) Letter of 8/2/86 from W. L. Dominy, president of the Medmont Lake Association. (6) Letters of 7/29/86 and 8/20/86 from Roanoke County and City of Salem. (7) Letter dated 8/25/86 from Murchison Company to residents with modified plan. (8) Detailed staff report to Planning Commission dated 9/3/86. (9) Planning Commission minutes of hearings on 8/6/86 and 9/3/86. This information, while lengthy, will provide some advance insight as to the issues, discussions and resident concerns with this rezoning request. Room 355 Municipal Building 2t 5 Churc~ Avenue, 5.'9Z Roanoke, Virginia 240t 1 (703) 981-2344 NAT~, AHERON & AGEE IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioner, The Murchison Company, a Texas Corporation, has a contract to purchase a certain tract of land located in the City of Roanoke, containing 4.1 acres, more or less, located at the southeast intersection of Keagy Road and Route 419, designated on Roanoke Nos. 5130119, 5130121, in Roanoke County, Virginia, and City Appraisal Maps as official Tax and 5130122. Said tract is currently zoned RS-I, Single-Family Residential. A map of the property to be rezoned is attached as Exhibit "A". 2. Pursuant to Article VII and Article VIII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-I, Single-Family Residential District, to C-1 General Commercial District, subject to certain conditions set forth below, for the purpose of constructing thereon an office complex containing approximately 32,000 square feet. Rezoning of a tract of land ) SECOND lying at the Southeasterly_ ) AMENDED corner of the intersection of ) PETITION Route 419 and Keagy Road from ) TO RS-l, Single-Family Residential ) REZONE District to C-1 General Commercial ) District, subject to certain ) conditions. ) 3. The Petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enhance the economic value of the City of Roanoke and that the use thereof will be in general conformity with existing uses in the area. 4. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: (1) That the property will be developed in substantial compliance with the site plan prepared by Sheretz, Franklin, Crawford, Shaffner dated July 15, 1986, a copy of which is attached to the Petition for Rezoning, subject only to such changes as are specifically required by the City during site plan review. (2) That the tract will be used only for the purpose of general office use. (3) That the individual buildings on said tract will be developed in a condominium style with the units for sale. (4) That buffering will be provided between the subject property and the adjoining residential property in the Medmont Lake subdivision. Said buffering will be in conformity with the City of Roanoke ordinances and will 2 further be done, after consultation with the neighbors, to determine the type of screening and buffering most desired by said neighbors. (5) That all lighting on said property will be directed away from the residential area. (6) That the signage will be limited to signs made of a wood structure, with lighting directed at the signs. No neon signs will be constructed for said property. (7) That the drainage will be in accordance with the City of Roanoke requirements. That further, any detention or retention ponds will be constructed with a minimum of a 10 year storm design. (8) That the entrances to the property will be limited to the single entrance on Keagy Road. The developer will further proffer that he will construct all entrances to said property in accordance with the requirements of the Virginia Department of Highways and Transportation and/or the City of Roanoke ordinances. (9) That retaining walls will be constructed with protections above ground level designed to prevent falls. (10) That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to RS-i, Single Family Residential District. 3 5. Attached as Exhibit C are the names and addresses of the owner or owners of all lots or property immediately adjacent to or in~ediately across a street or road from the property to be rezoned. WqREREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this -~ . day of ~5~- 1986. ~ Respectfully submitted, THE MURCHISON COMPANY Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S. W. Roanoke, VA 24018 Of Counsel LOCATION ,P R 0 0 S I-.' I: I:Z()NING ~$- ~ TO C-2 -- ATLANTIC LEWLS ~ HO.~ ',P I10 0 S I-.' 1,1 I .IEZ()NING ATLANTIC HOS~AL / / / / / / / / 5~3010~ - .-4 / 5'13011Z 5130109 5130301 5i-~0110 Of~ce of the Moyor October 8, 1986 Honorable Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session on Monday, October 13, 1986, to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Coun- cil, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Si ncerely, Mayor NCT:js Room 452 Municipal Building 215 Oqurch Avenue, S,W. I~anake, Virginia 24011 (703) 98t-2444 Off~ce of the Mayor October 8, 1986 Honorable Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session on Monday, October 13, 1986, to discuss a personnel matter pursuant to Section 2.1- 344 (a) (1), Code of Virginia (1950), as amended. Sincerely, Noel Mayor NCT:js Room 452 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 98t-2444 October 15, 1986 File #448 Mr. B. W. Langheim Vice President and General Cox Cable Roanoke P. O. Box 13726 Roanoke, Virginia 24036 Oear Mr. Langheim: Manager Your communication transmitting a summary of the status of Cox Cable Roanoke as of September 30, 1986, was before the Council of the City of Roanoke at a regular meeting held on Monday, October 13, 1986. On motion, duly seconded and adopted, the communication was received and filed. Sincerely, Iqary F. Parker, CMC City Clerk MFP:se CC: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Room456 MuniclpalBulldlng 215G~urchAve~ue, S.W.l~:~r~:~e, Vlrgtnla24011 (703)98'1-254t Cox Cable Roanoke 1909 Salem Avenue S.W. P.O. Box 13726 Roanoke, Virginia 24036 Cox Coble Roenoke October 3, 1986 The Honorable Mayor and City of Roanoke Municipal Building 215 Church Ave. Roanoke, Va. 24011 Council Mrs. Bowles and Gentlemen: Attached is a summary of Cox Cable Roanoke's status as of September 30, 1986. Should you have any subject, please feel Sincerely, questions or comments on this free to contact me at any time. B. W. Langheim Vice President and General Manager BWL/ep Attachment COX CABLE ROANOKE September 30, 1986 ~gANOKE CITY ROANOKE COUNTY VINTON TOTAL A. TOTAL MILES ~LANT 438 327 36 801 APPROXIMATE NUMBER ~F RESIDENCES PASSED 39,147 18,317 3,309 60,773 C. BASIC CUSTOMERS 25,016 12,874 3,119 41,009 D. TIER CUSTOMERS 23,761 12,230 3,047 39,O38 E. PAY CUSTOMERS 21,963 11,497 2,694 36,154 October 15, 1986 File #55-80 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report report recommending that a letter of appreciation be sent to Mr. H. Joel Kelly for his compliment of Valley Metro bus service, was before the Council of the City of Roanoke at a regu- lar meeting held on Monday, October 13, 1986. On motion, duly seconded and adopted, Council concurred in your recommendation. Sincerely, Mary F. Parker, CMC City Clerk MFP:se cc: Mr. H. Joel Kelly, 1113 Penmar Avenue, S. E Roanoke, Virginia 24013 '' Mr. Stephen A. Mancuso, General Manager, Valley Metro, P. O. Box 13247, Roanoke, Virginia 24032 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director of Utilities and Operations Room 456 Municipal Building 215 C~urch Av~'~ue, S.W. Roanc~e, ¥1rglnla 24011 (703) 981-2541 RECEtvE~., CITY CLERKS OFFiC. E I'10 -8 AIO Roanoke, Virginia October 13, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Appreciation to Valley Metro for Contributions to the Elderly and Handicapped I. Background: Xo Mr. H. Joel Kelly, 1113 Penmar Avenue, S.E., appeared before City Council on September 25, 1986 and requested Council pass a measure recognizing the contribution of Valley Metro to the elderly and handicapped. II. Mr. Stephen A. Mancuso, Valley Metro General Manager, responded to a question from Mr. Robert A. Garland, Member of the Greater Roanoke Transit Company (GRTC) Board of Directors, at an earlier meeting on the same date, that Valley Metro had coordinated with the Easter Seal Society for identification and certification of handicapped who are eligible for reduced fares on Valley Metro. C. GRTC, dba/Valles Metro, is a wholls owned subsidiary of and is financially supported by the City of Roanoke. Current Situation: A. Formal measure of recognition for performing a service for our citizens, either by the City Staff or by the Staff of a wholly owned subsidiary seems inappropriate. B. Letter of appreciation to Mr. H. Joel Kelly from the General Manager of Valley Metro seems appropriate. III. Recommendation: Cits Council direct the City Manager to request Mr. Mancuso write a letter of appreciation to Mr. Kelly thanking him for complimenting Valley Metro bus service. WRH:KBK:afm cc: City Attorney Director of Finance Mr. H. Joel Kelly Mr. Stephen A. Mancuso Respectful ly submi tt, e~, / _. W. Robert Herbert City Manager October 15, 1986 File #207 Mr. Harwell M. Darby, Jr. Attorney P. O. Box 2887 Roanoke, Virginia 24001 Dear M~. Darby: Your communication requesting that Council defer action on communications from the Industrial Development Authority requesting Council's approval of plans to assist Daly Seven, Inc., by issuance of industrial development revenue bonds, and Chief Rentals in amending the Authority's outstanding $910,000.00 Aggregate Amount Industrial Development Revenue Notes issued March 17, 1981, was before the Council of the City of Roanoke at a regular meeting held on Monday, October 13, 1986. On motion, duly seconded and adopted, Council deferred action on the matters until the regular meeting of Council on Monday, October 27, 1986, at 2:00 p.m. Sincerely, Diary F. Parker, CMC City Clerk MFP:se cc: Mr. Jack C. Smith, Chairman, Industrial Development Authority, 14 West Kirk Avenue, Roanoke, Virginia 24011 Mr. F. B. Webster Day, Attorney, P. O. Box 90, Roanoke, Virginia 24002 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Brian J. Wishneff, Chief of Economic Development and Grants Room 456 Municipal Building 215 (3aurdn Av~'~ue, S.W. I~oanoke, Vlrglnlo 2~1011 (703) 981-2541 GLENN, FLIPPIN, FELI)MANN ~c~'LIA.R]~ ~"'-':FV~'" October 13, 1986 HAND DELIVERED Ms. Mary F. Parker, Clerk City Council of the City of Roanoke, Virginia Municipal Building Roanoke, Virginia Re: Communications from Industrial Development Authority of the City of Roanoke, Virginia on the October 13, 1986 City Council Agenda at Items 4a and b Dear Ms. Parker: Due to the unavailability of any recommendation from the City Department of Planning and Economic Development as to the two referenced communications, we respectfully request that the matters be deferred until the next regular meeting of Council at which such a recommendation can be presented, but not later than October 27, 1986. Cordially yours, Harwell M. Darby, Jr. HMDJR:krb:042000 CC: Mr. Jack C. Smith Mr. W. Robert Herbert Wilburn C. Dibling, Jr., Mr. Brian J. Wishneff F. B. Webster Day, Esq. Esq. October 3, 1986 HAND DELIVERED Members of City Council of the City of Roanoke, Virginia Municipal Building Roanoke, Virginia 24011 Re: Industrial Development Authority of the City of Roanoke, Virginia Gentlemen and Mrs. Bowles: At its meeting held September 30, 1986, the Industrial Development Authority of the City of Roanoke, Virginia held public hearings for two items as follows: Daly Seven, Inc.; $2,000,000.00 for the acquisition, construction and equipping of a motel facility in the Orange Avenue Industrial Park; and Chief Rentals; $910,000.00 Aggregate Amount Amended Industrial Development Revenue Note. Enclosed are the usual papers relating to the public hearing and resolutions which the City Council should consider at its meeting on October 13th 1986. Cordially yours, Harwell M. r. HMDJR:krb:742000:712000 cc: Wilburn C. Dibling, Esq. w/encs. Mr. Jack C. Smith w/encs. Mr. W. Robert Herbert w/encs. Donald L. Wetherington, Esq. w/encs. October 3, 1986 The Honorable Mayor and Members of City Council of the City of Roanoke, Virginia Municipal Building Roanoke, Virginia 24011 Industrial Development Authority of the City of Roanoke, Virginia Proposed Financing for Daly Seven, Inc. Dear Mrs. Bowles and Gentlemen: Daly Seven, Inc. (the Company) has requested that the Industrial Development Authority of the City of Roanoke, Virginia (the Authority), assist the Company in financing the acquisition, construction and equipping of a 100 room motel facility (the Project) in the City of Roanoke, Virginia, by the issuance of its industrial development revenue bond in an amount estimated at $2,000,000.00 (the Bond). As set forth in the resolution of the Authority attached hereto (the Resolution), the Authority has agreed to issue its Bond as requested. The Authority has conducted a public hearing on the proposed financing of the Project and has recommended that you approve the issuance of the Bond as required by Section 103(k) of the Internal Revenue Code of 1954, as amended. Attached hereto is (1) a certificate evidencing the conduct of the public hearing and the action taken by the Authority, (2) a fiscal impact statement required by S15.1-1378.2 of the Code of Virginia, 1950, as amended, and (3) the form of resolution sj/~3u~f~.~d b_v counsel to evidence your approval. ~_~~Y~//~ ~~ of Deve%~ent Authortty~of ~he Enclosures Ci~anoke, Virgi~ CERTIFICATE The undersigned Secretary of the Industrial Development Authority of the City of Roanoke, Virginia (the Authority) hereby certifies as follows: 1. A meeting oi the Authority was duly called and held on September 30, 1986 at 4:00 o'clock p.m., in the City of Roanoke, Virginia, pursuant to published notice and notice given to each Director of the Authority prior to such meeting in accordance with law. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. At such meeting each Director of the Authority was present or absent throughout as follows: DIRECTOR John J. Butler Russell O. Hannabas$ Stanley R. Hale W. Bolling Izard Sam H. McGhee, III Jack C. Smith, Chairman Robert W. Woody ATTENDANCE Present Present Present Absent Present Present Absent The Chairman announced the commencement of a public hearing on the application of Daly Seven, Inc. (the Company) and that the Secretary of the Authority had caused the publication of a notice at least 14 days prior to the hearing once a week for two successive weeks, the latter publication having been not 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 Resolution) adopted at such meeting of the Authority by a majority of the Directors present at such meeting, recorded in the minutes DIRECTOR John J. Butler Russell O. Hannabass Stanley R. Hale Sam H. McGhee, III Jack C. with the ayes and nays being of such meeting as follows: VOTE Smith, Chairman Aye Aye Abstain Aye Aye The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my hand and the seal~ the Authority, this 3rd day of October, 1996.. --- )~ ~'~ -~'" / ge~ ~, Indust~a% Deve~p- men ~t~rity of the~City6f Roa: ~e, ~ginia (S~L) AD NUMBER - 91512501 PU~,~ISHER"S FEE- $198,,72 HARWELL M DARBY JR 315 SHENANDOAH BLDG ROANOKE VA 2~0/1 STATE OF VIRGINIA :ITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (TH~ UNDERSIGNED) AN OFFICER DF TIMES-WOI~LD COP, PORATION, WHICH COR- PORATION IS PUBLISHER OF THE ROANOKE TIMES ~ WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF ¢IRGINIA, DO CERTIFY THA1 THE ANNEXED ~OTICE WAS PUBLISHED IN SAID N[WSPAmEFS ON THE FOLLOWING DATES 09/16/86 MORNING 09/23/86 MDPN ING dlTNESS, TI-IS.,,.,~TH DAY OF SEPTEMBERIg86 EXI-III3IT A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA WHEREAS, there have been described to the Industrial Development Authority of the City of Roanoke, Virginia (the Authority), the plans of Daly Seven, Inc. (the Company), to acquire, construct and equip a 100 room motel facility (the Facility) 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 County 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 acquiring, construction and equipping the Facility; 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 Facility 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. 2. To induce the Company to locate the Facility in the City, the Authority hereby agrees, subject to required EXHIBIT B approvals and the compliance of the proposed issue with applicable law, to assist the Company to finance the acquisition, construction and equipping of the Facility by undertaking the issuance of its industrial development revenue bonds therefor in an amount now estimated at $2,000,000.00 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, construction and equipping of the Facility. 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 mortgage of the Facility. 3. It having been represented to the Authority that it is necessary to proceed immediately with the acquisition, construction and equipping of the Facility, the Authority hereby agrees that the Company may proceed with plans for the Facility, enter into contracts for such acquisition, construction and equipping 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 Company having requested the appointment of Glenn, Flippin, Feldmann & Darby, Roanoke, Virginia, as bond counsel in connection with the issuance of the bonds, the Authority hereby appoints Glenn, Flippin, Feldmann & Darby as bond counsel to supervise the proceedings and approve the issuance of the bonds. 7. 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. 8. Ail costs and expenses in connection with the financing and the acquisition, construction and equipping of the Facility, 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. 4 9. The Authority intends that the adoption of this resolution be considered as "oificial action" toward the issuance of the bonds within the meaning of the regulations issued by the Internal Revenue Service pursuant to Section 103 of the Internal Revenue Code of 1954, as amended. 10. 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. 11. The Tax Reform Act of 1984, in amending Section 103 of the Internal Revenue Code, 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 City's bond allocation authority. 12. Section amended. Council of the City of Roanoke, Virginia, issuance of the bonds. A public hearing has been held as required by 103(k) of the Internal Revenue Code of 1954, as The Authority hereby recommends that the City approve the 7NDUSTR]AL DEVELOPMENT AUTHORITY O? T~~ C~TY OF ~OANOK~, V~GIN~A APPLICATION FOR AUTHORITY FINANCING Section Information Concerning Applicant 1. Name of Applicant: Daly Seven, Inc. or assigns 1020 Piney Forest Road Danville, Virginia 24540 Federal Employer ID % 54-1170916 2. Name of applicant's representative to be contacted information: Mailing Address: for additional Name Robert J. Daly Telephone No. (919) 787-3856 Name(s) of Principal User(s), if Different from Applicant: N/A Mailing Address if Different from Applicant 2245 North Hills Drive, Suite F Raleigh, North Carolina 27612 Mailing Address if Different from Applicant Federal Employer ID [ Type of business presently conducted by applicant, .Operation and management of Innkeeper Motel chain if any: 5. Present location of applicant's principal place of business, if any: 6. In what year was business started? 1971 ~'. If.a corporation, jive state of lncorporatlo.. Virginia tv If 8 subsidiary of mnother corporation, give name, state of Incorporation and mailing address of parent corporation,* mt If a corporation, g~ve names and residence addresses of the principal officers, directors, and ma~or stockholders (ten percent or more): See separate sheet attached. 10. 11. 12. If.applicant is a partnership, give (a) name of state under whose laws it is organized: ~; and (b) City or County in which its principal off~ce is Io~ If a partnership, state whether general or limited: N/A If a partnership, give names and residence addresses of all present partners and indicate whether general or limited: N/A 13. If applicant is a ~oint venture or other business entity (other than a corporation or partnership), describe and give names and residence addresses of all principals~ N/A 14. 15. If applicant pro.poses to undertake the facility sought to be financed through a subsidzary corporation, a new corporation, or other entity to .be .f.ormed by .applicant, give details: The project will be financed tSrough a Virgnm~a corporation to be fonued, the name of which will be Innke~.~ Mor~r iod~e of'Roanoke, Inc. and the stockholders ~nd officers of wbi.h will be ~,b~tan~i~lly tho sam~ as those identified in the answer to Question 9. This c~zporat~on w~l~ ~,u~ L,to a management a~ree~ent with Daly Seven, Inc. which will operate the motel. 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: 16. Describe any relationships between the applicant and principal users and any member of the Authority or City Council: Section 2 Information Concerning Facility Sought To Be Financed Type of facility: (a) industrial ; (b) commercial x (c) other ; if so, describe Motel Is the facility a "Basic Employment Project" as this term is defined on page 3 of the Governor's Executive Order 54(S5)? [ X] Yes [ ] No If so, in which category? Motel Is the facility an "Exempt Project" as this term is defined in on page 3 of the Governor's Executive Order 54(85)? [ ] Yes [ x] No Zf so, in which category? Indicate whether facility.sought.to be financed is a (a) new facility . X ; (b! e~st~ng.f~c~lity ; 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 end, if a manufacturing plant, the type of products to be manufactured: Motel business Specific site location, if known, including street number, if available: Blocks lA and lB in the Southwest Community Development Fund property in the southwes~ quadrant of the intersection of Orange Avenue and Interstate 581. Gen~r~! description of proposed facility (describe type of constructtor · ~o.~o, amount for each operation such as manufacturing, storage, office, etc.): A 100rocm Innkeeper motel facility Name and address of architect, Robert A. Hahn, AIA 3005-B Patriot Court Greensboro, North Carolina Name and address of contractor, Daly Seven, Inc. 1020 Piney Forest Road Danville, Virginia 24540 lO. If site has been selected, selected: Telephone No. (919) 292-7578 27408 if selected: Telephone No. (80~ 793-6162 give name of present owner (s): Southwest Virginia Community Development Fund 11. If an existing facility (a) what is its present use? 12. N/A ; (b) ~mployees presently employed on year round basis average annual salary per such employee $ number of regular ~ and (c) 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. Option dated August 22, 1986 13. 14. 15. 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: L-M If specific location is known, is a zoning change required? YES NO X If yes, state the zoning classification required: - Does the site of the proposed facility require governmental expenditure for roads, utilities, etc.? Describe· No 15. Are funds from oC : government sponsored p: :rajas involved in thir project? Describer N~ 27, ]8. ]9. Estimated number of regular employees to be employed on year round basis after acquisition or completion of facility: 25 - 30 Mhat net number of jobs will be created or retained as a direct result of the Project? 25 - 30 {See the Executive Order at page 10, {3}. Average annual salary per such employee: $ 8,S00.00 Estimate the annual payroll after completion of the facility: $233,750.00 2]. Identify skills of new employees, the availability of such skilled employees, proposed wage scale, and training needs: Most oft he jobs will be for threshhold ~i~loyees, though there will be management and desk-keeper jobs created as well. 22. State the growth potential for the employment, and plant expansion: No plansatthistimeforexpansion. facility in terms of sales, 23. If application is approved by the Authority, when would applicant anticipate issuance of bonds and work on the facility started? As soonaspossible. Section 3 Cost of Facility and Financing Estimated total cost of proposed facility: $ 2,250,000.00 Naximum amount of financing sought through the Authority: $ 2,000,000.00 Items of cost to be paid from Authority financing (i.e., land, building, equipment, legal, etc.): The applicantexpectsto~anequ/ty contx/bu~onto~2heproject /nthe~ount of appmx~ately 13%. If financing is approved, does applicant expect the Authority bonds to be sold by (a} private placement ; or (b) public offering. Not~t decided. ( If by private placement, ha~ applicant received a commitment or other assurance from a bank or otherr with respect to the sale of the bonds? YES NO X £1abo~ate: Have made inquiries and initial response favprable. If by public offering, Name N/A name and address of underwriter desired: ~ailing Address o Telephone No. Name and address of bond counsel desired: Name Glenn, Flippin, Feldmann&Darby ( ) Mailin~ Address P. O. Box 2887 Boanoke, Virginia 24001 Telephone No. (703) 344-3000 What percent of the Total Project is to be financed with funds than proceeds of Private Activity Bonds? 13% Executive Order, page lO, 9. What increase will result (See the Executive Order, 10. Will the facility be: (a) other (See the (b) or (c) item 6) in the Assessed Value of the Real Property? page 10, item 7). $1,500,000.00 located in a locality that is certified under the Department of Economic Development's Community Certification Program? [ ] Yes IX ] located in an Urban Enterprise Zone? [ X ] Yes [ ] No; a Multi Jurisdictional Basic Employment or Exempt Project? [ ] Yes [ X] No. (See the Executive Order, pages ll-12, 8-10). items Section 4 ~ax 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 $ Improvements TOTAL $ Current yearly real property tax on the proposed site: $ . -0- Estimated taxable value of the facility's real property (buildings and improvements) to be constructed: $ 1,500,000.00 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: $ 20,100.00 Estimated personal property tax per year with respect to the facility when completed, using present City of Roanoke tax rates: $ 7,350.00 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 purchased locally by applicant or other users of the facility: $ nominal except for initial construction costs be Section 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? ~ne availability of industrial develolm~nt revenue bond financing is a substantial factor in our decision to locate the project in the City of Roanoke in the C~'monwealth of Virginia. It is understood and agreed by the Applicant that Applicant {a) will, upon the filing of this application, pay to the Authority $1,250.00 (appli- cation fee of $500.00 and Authority counsel fee of $750.00) 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 lc) will pey~ when billed· all other costs end expenses of the ~uthorityw.including the reasonable fees of its legal counsel, wit~ res~ert to t~is application enid any Authority or Roanoke City Council meeting~ he]d in connection that, with. Also in addition~ Applicant understands end agrees that in the even the Authority approves the application and adopts an inducement resolution with respect thereto and thereafter authorizes the issuance of its bonds o~ notes to finance a facility on behalf of the Applicant al! 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 procee~ of the issue or directly by the Applicant· or if such bonds or notes are n~ issued for any reasons, 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 aha1! be in form and substance satisfactory to the Authority, its lega! 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 .025% of the pr/nc/pa! amount of the issue, with a minimum of $250 and a maximum of $2,500, and additional funds as may be necessary on an annual basis to be applied to the Authortty'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 its 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 is 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 Ruthority· 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 th~ Applicant at its addres~ 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 day of September · 1986. (2) PLEASE NOTE Individual applicants shall each sign the application. If Applicant is a corporation, the application is to be ~ade and signed in the full proper name of the corporation as it appears in its Article~ of Incorporation, by a duly authorized officer thereof who shall give his title, and if a partnership, in the full proper na~e of the partnership as it appears in its Certificate of Partnership, by one or ~ore general partners. If additional space is needed to properly respond to any guestion, refer to and attach an additional numbered sheet at end of application. (3) If any question is not applicable, indicate by inserting Information required by Question 9 to Application for Authority Financing. are The officers and major stockholders as follows: Philip N. Daly, Jr., President Danville, Virginia Patrick L. Daly, Treasurer Danville, Virginia Jon M. Daly, Vice President Lexington, North Carolina James F. Daly, Vice President Lexington, North Carolina Shelayne K. Daly, Secretary Greensboro, North Carolina Robert J. Daly, Chairman Raleigh, North Carolina of Daly Seven, Inc. Charisse M. Daly of Danville, Virginia is also a major stockholder. FISCAL IMPACT STATEMENT Date: September 30, 1986 Applicant: Daly Seven, Inc. Facility: 100 Room Motel Facility 4. 5. 6. Maximum amount of financing sought $ 2,000,000.00 Estimated taxable value of the facility's real property to be constructed in the municipality 1,500,000.00 Estimated real property tax per year using present tax rates $ 20,100.00 Estimated personal property tax per year using present tax rates $ 7,350.00 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 Nominal, except for initial construction Estimated number of regular employees on year-round basis 25 - 30 Average annual salary per employee $ 8,500.00 October 3, 1986 The Honorable Mayor and Members of City Council of the City of Roanoke, Virginia Municipal Building Roanoke, Virginia 24011 Industrial Development Authority of the City of Roanoke, Virginia Proposed Amendment to Notes Chief Rentals Dear Mrs. Bowles and Gentlemen: Chief Rentals (the Company) has requested that the Industrial Development Authority of the City of Roanoke, Virginia (the Authority), assist the Company in amending the Authority's outstanding $910,000.00 Aggregate Amount Industrial Development Revenue Notes which were issued March 17, 1981 by the Authority to finance the cost of the acquisition, construction and equipping of a restaurant facility (the Project) in the City of Roanoke, Virginia. The purpose of the amendment will be to change the interest rate on the Notes. As set forth in the resolution of the Authority attached hereto (the Resolution), the Authority has agreed to issue its Amended Notes as requested. The Authority has conducted a public hearing on the proposed amendment of the Notes and has recommended that you approve the issuance of the Amended Notes as required by Section 103(k) of the Internal Revenue Code of 1954, 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 S15.1-1378.2 of the Code of Virginia, 1950, as amended, and (3) the form of resolution s~u~3e~ your approval. Enclosures counsel to evidence ~t~y of the<IndUstrial .~me n t A~et ,hor.% ~rtgYi~nif a t he 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 September 30, 1986 at 4:00 o'clock p.m. at the Roanoke Valley Chamber of Commerce, 14 West Kirk Avenue, 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 law. 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 Russell O. Hannabass Stanley R. Hale W. Bolling Izard Sam H. McGhee, III Jack C. Smith, Chairman Robert W. Woody ATTENDANCE Present Present Present Absent Present Present Absent The Chairman announced the commencement of a public hearing on the application of Chief Rentals (the Company) and that the Secretary of the Authority had caused the publication of a notice at least 14 days prior to the hearing once a week for two successive weeks, the latter publication having been not 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 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 John J. Butler Aye Russell O. Hannabass Aye Stanley R. Hale Aye Sam H. McGhee, III Aye Jack C. Smith, Chairman Aye The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. 3rd (SEAL) WITNESS my hand and the seal of the Authority, this day of October, 1986.~/~ ~ _ment .~u~r. lt~ o.f the Cit~ R°an°~x~V~nia AL' t'l UN'~. [ C q/. ':,t 250.~ PUBLISHER'S FEE- $1aR~.72 HAFNELL ~ DJ. RBY J~ 315 SHE!IAIxIDC~'%HqLD,-,' ~ ROANDKE VA 24011 STATE OF VIRGINIA ' ITY UF F&AN',;KT AFl ID&V]T OF P U~L I C~, TI C;K I, ITHE UNDEFSIG,z~) AN OFFICER OF TIMES-~OFLD CORPORATION, WHICH CCR- PF)RATICN IS PUPLISH[~ L~F THE R~ANOK~ TIMES & N[FLD-NEWS, A DAILY NEWSPAPEF, )J~LISHED IN [OAt%DKE, ]~ THE STATE OF ~IRGINIA, D[ CERTIFY THAI THE ANNEXFD NOTICE WAS PUBLISHED IN SAID NEWSPA~EF, S ON THE FOLLOWING DATES 09116/86 MORHING 09/23/86 HOPN ING ~ITNESS~ THIS~'~TH DAY CF SEPTEMBER.!986 5FFICE,~'S SIGNATURE I' EXHIBIT A : ~ ON PROPOSED RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA September 30, 1986 WHEREAS, heretofore on March 17, 1981, the Industrial Development Authority of the City of Roanoke, Virginia (the Authority) issued its $910,000.00 Aggregate Amount Industrial Development Revenue Notes (Chief Rentals Project) (the Notes) at a stated interest rate of 11%, and payable on the first day of each month in equal monthly installments. WHEREAS, the Notes were issued pursuant to the terms of a Note Purchase Agreement and Agreement of Sale dated as of March 1, 1981 (the Note Purchase Agreement) among the Authority, Chief Rentals, a Virginia partnership (the Purchaser) E. Crafton Warren, Florence Warren, E. C. Warren, II, Sue C. Warren and W. F. Mason, Jr. (the Individual Guarantors) and The Roanoker Restaurant, Inc., a Virginia corporation (the Corporate Guarantor) (collectively, the Guarantors) and Colonial American National Bank, a national banking association organized under the laws of the United States of America with offices in Roanoke, Virginia (the Bank); and WHEREAS, the Notes were secured by a Deed of Trust dated as of March 1, 1981 (the Deed of Trust) from the Authority to certain named trustees, which Deed of Trust was recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia in Deed Book 1463, page 1932; and EXHIBIT B WHEREAS, the Project, as defined in the Note Purchase Agreement, was sold pursuant thereto to the Purchaser pursuant to a Deed of Assumption dated as of March 1, 1981 (the Deed of Assumption) between the Authority and the Purchaser pursuant to which the Purchaser undertook the Authority's obligations as to payment of the Notes; and WHEREAS, the Purchaser and the Bank have agreed to amend the terms of the Notes to reduce the interest rate from 11% to 8% per year; and WHEREAS, the Bank and the Purchaser have requested that the Authority amend the terms of the Notes to carry out the terms of their agreement; and WHEREAS, there has been conducted by the Authority a public hearing as required by Section 103(k) of the Internal Revenue Code of 1954, as amended; and NOW THEREFORE, the Authority adopts this resolution subject to the approval by the City Council of the City of Roanoke, Virginia of the amendment of the Notes. 1. There have been exhibited to the directors of the Authority the following documents necessary to amend the Notes and provide for the change of interest rate as requested by the Bank and the Purchaser: Ae Notes); and, B. Assumption and Guaranties dated as of October 1, The Authority's Notes, as amended (the Amended A Modification to the Deed of Trust, Deed of 1986. 2 2. The Authority finds that the amendment of the Notes will be in furtherance of the purposes for which the Authority has been given statutory authorization, and in particular to enable the Authority to promote industry and develop trade by inducing a commercial enterprise to locate in or remain in this Commonwealth, and that such action will be for the benefit of the inhabitants of the City of Roanoke, Virginia and of the Commonwealth of Virginia, either through the increase of their commerce, or through the promotion of their safety, health, welfare, convenience or prosperity. 3. The Chairman of the Authority is hereby authorized and directed to execute the Amended Notes, and the Secretary of the Authority is hereby authorized and directed to affix the seal of the Authority to the Amended Notes, and either is authorized to deliver the Amended Notes to the Bank; with the understanding that the Bank will hold the Notes and the Amended Notes until the Amended Notes are paid in full. 4. The Chairman of the Authority is hereby authorized and directed to execute and deliver the Modification to Deed of Trust, Deed of Assumption and Guaranties. 5. The officers of the Authority are hereby authorized and directed to execute and deliver all certificates and instruments, and to take all such further action as they may consider necessary or desirable in connection with the issuance and delivery of the Amended Notes. 6. All other acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and delivery of the Amended Notes, are hereby approved and confirmed. 7. There having been held a public hearing as required by the terms of ~103(k) of the Internal Revenue Code of 1954, as amended, the Authority recommends that the City Council of the City of Roanoke approve the issuance of the Amended Notes. 4 FISCAL IMPACT STATEMENT Date: September 30, 1986 Applicant: Chief Rentals Facility: The Roanoker Restaurant 2522 Colonial Avenue 4. 5. 6. Maximum amount of financing sought $ 910,000.00 Estimated taxable value of the facility's real property to be constructed in the municipality $ 500,000.00 Estimated real property tax per year using present tax rates $ 7,546.50 Estimated personal property tax per year using present tax rates $ 1,100.00 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 $ 650,000.00 Estimated number of regular employees on year-round basis 80 Average annual salary per employee $ 8,500.00 October 15, 1986 File #514 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28393, authorizing the City to grade and improve Norwood Street, S. W., between Airview Road, S. W. and Hope Road, S. W.; appointing an officer of the City to ascertain whether such grading will damage the abutting proper- ties; and authorizing the execution of an agreement with an abutting property owner for the construction of certain improve- ments relating to said street, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 13, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room456 MunlcipalBulldlng 215Chur~A~'~ue, S.W.P, oanolce, Virglnta24011 (703)981-2541 Mr. W. Robert Herbert Page 2 October 15, 1986 CC: Mrs. Edna Irene Millican Norton, c/o Mr. Bob R. Caudle, 4110 Chesterton Street, S. W., Roanoke, Virginia 24018 Mr. Bob R. Caudle, 4110 Chesterton Street, S. W., Roanoke, Virginia 24018 Colonel Leonard S. Becker, 1916 Walmann Road, S. W., Roanoke, Virginia 24018 Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Richard V. Hamilton, Right-of-Way Agent Chief of Community Planning IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of October, 1986. No. 28393. VIRGINIA, AN ORDINANCE authorizing the City to grade and improve Norwood Street, S.W., between Airview Road, S.W.. and Hope Road, S.W.; appointing an officer of the City to ascertain whether such grading will cutien of an construction providing for an damage the abutting properties; authorizing the exe- agreement with an abutting property owner for the of certain improvements relating to said street; and emergency. BE IT ORDAINED by the Council 1. The City administration cause to be graded and improved Norwood Airview Road, S.W., and Hope Road, S.W.. approved by the City Engineer. proceed by personal be affected by such would accrue to be affected and consistent with of the City of Roanoke that: is hereby directed to grade or Street, S.W., between in accordance with plans 2. The City Engineer is hereby designated and directed to inspection of all of the premises likely to grading to ascertain what damages, if any, the owners of the several properties so likely to to take any other necessary or appropriate action legal requirements. 3. The City Manager and the City Clerk are authorized and directed, for and on behalf of the City. to execute and attest, respectively, an agreement with Edna Irene Milliean Norton and her son, Robert R. Caudle, whereby Mrs. Norton agrees to donate her interest in the right-of-way necessary to construct Norwood Street, and to construct curb and gutters on that portion of Norwood Street bordering her property, and to take other actions, in return for the City opening said street, all as described and set out in the City Manager's report to Council dated October 13, 1986; such agreement to be approved as to Attorney. 4. In order to provide for the usual municipal government, ordinance shall be in form by the City daily operation of the an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. October 15, 1986 File #514 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28392, providing for the acquisition of right-of-way needed by the City for the opening of Norwood Street, S. W., between Airview Road, S. W. and Hope Road, S. W.; authorizing you to fix to a certain limit the con- sideration to be offered for such right-of-way if necessary; providing for the City's acquisition of such right-of-way by condemnation, under certain circumstances; and authorizing the City to make motion for the award of a right of entry on any of the said right-of-way for the purpose of constructing improve- ments to the right-of-way, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 13, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room 456 Municipal Building 215 I~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 98t-2541 Mr. W. Robert Herbert Page 2 October 15, 1986 CC: Mrs. Edna Irene Millican Norton, c/o Mr. Bob R. Caudle, 4110 Chesterton Street, S. W., Roanoke, Virginia 24018 Mr. Bob R. Caudle, 4110 Chesterton Street, S. W., Roanoke, Virginia 24018 Colonel Leonard S. Becker, 1916 Walmann Road, S. W., Roanoke, Virginia 24018 Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Richard V. Hamilton, Right-of-Way Agent Chief of Community Planning IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of October, 1986. No. 28392. AN ORDINANCE providing for the acquisition of right-of-way needed by the City for the opening of Norwood Street, S. W., be- tween Airview Road, S. W. and Hope Road, S. W.; authorizing the City Manager to fix to a certain limit the consideration to be offered for such right-of-way if necessary; providing for the City's acquisition of such right-of-way by condemnation, under certain circumstances; authorizing the City the award of a right of entry on any of the the purpose of constructing improvements to providing for an emergency. to make motion for said right-of-way for the right-of-way; and BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to acquire for the City from the respective owners any interest in real estate necessary for the City to have fee simple title to a fifty (50) foot right- of-way in order for Norwood Street, S. W., Airview Road, S. W., and Hope Road, S. W., in the City Manager's report dated October 2. The City Manager is authorized to to be extended between as further described 13, 1986. offer on behalf of the City to the owner of any of the aforesaid interests in real estate such consideration as he deems appropriate to any owner who chooses not to donate his interest to the City; provided, however, the total consideration offered or expended shall not exceed $5,000.00 ~ithout further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owners of the interest conveyed. 3. Should the City be unable to agree with the owner of any real estate to be acquired or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal pro- ceedings to acquire for the City the appropriate real estate. 4. In instituting or conducting any condemnation proceed- ing, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to §25-46.8, Code of Virginia (1950), as amended, granting to the City a right of en- try for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into Court the sums offered to the respective owners. 5. municipal ordinance In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of ~ne Qb, Qetk October 15, 1986 File #60-514 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28391, amending and reor- daining certain sections of the 1986-87 Capital Projects Fund AppropriatiOns, to provide for the transfer of $5,000.00 for the acquisition of the "reserved" portion of Norwood Street, in .con- nection with the construction of Norwood Street cooperatively with the adjoining property owner/developers, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 13, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Er~c, CC: ~4rs. Edna Irene Millican Norton, c/o Mr. Bob R. Caudle, 4110 Chesterton Street, S. W., Roanoke, Virginia 24018 Mr. Bob R. Caudle, 4110 Chesterton Street, S. W., Roanoke, Virginia 24018 Colonel Leonard S. Becket, 1916 Walmann Road, S. W., Roanoke, Virginia 24018 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Richard V. Hamilton, Right-of-Way Agent Chief of Community Planning Room 456 Municipal Building 215 C~urch Av~mue, S.W. Roonc~e, Virginia 240t t (703) 981-254'1 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of October, 1986. No. 28391. VIRGINIA, AN ORDINANCE to amend and reordain certain sections Of the 1986-87 Capital Projects Fund Appropriations and providing for an emergency. WHEREAS, for the usual daily operation of the }~nicipal 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 Capital'Projects Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Streets & Bridges Shenandoah Ave. Norwood Street Realignment (1) .................. (1) Approp. from Gen. Revenue (2) Approp. from Gen. Revenue (A008-052-9540-9003) $(5,000) (A008-052-9543-9003) $ 5,000 $6,621,725 135,826 5,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEt~¢ED Roanoke, Virginia CITY CLERKS OFF CE October 13, ]986 1-8 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Council Members: Subject: Opening Norwood Street, S.W. I. Background: ao Airview Court Subdivision was platted in 1955 and 1956 when the area was in Roanoke County. Portions of the property were "reserved" for the future development of Norwood Street. Right-of-way acquisition for storm drain facility was made in late 1980 from Mrs. Edna Norton. This acquisition was adjacent to the land previously "reserved" for the future development of Norwood Street. October 21, 1980, letter from the City administration to Mr. Bob Caudle, son of Mrs. Edna Norton, described the policy in effect at that time for opening unimproved, dedicated rights- of-way. The letter did not clearly recite the responsibility of subdivision developers in such instances. Do Report recommending that the City and developers cooperatively open Norwood Street was on Council's agenda on September 8, 1986, but continued for further consideration at the request of neighborhood residents. II. Current Situation: Title search by the City Attorney's office has determined that the property "reserved" for Norwood Street has not been properly dedicated for public right-of-way. This needs to be resolved due to the existence of the City's storm drain facilities through the area as well as the proposed street opening. Petition was submitted to City Council by residents of the Norwood Street area objecting to the construction of this street at taxpayers expense. Co Meeting was held September 30, 1986, between neighborhood residents and City Administrators to discuss the previous request for the opening of Norwood Street. Subject: Mayor and Council Members Opening Norwood Street, S.W. October 13, 1986 Page 2 III. Issues as they relate to the construction of Norwood Street, S.W., between Airview Road and Hope Road, are as follows: A. Legal Requirements B. Legal Authority C. Cost D. Funding E. Neighborhood Concerns IV. Alternatives: no Council authorize the construction of Norwood Street (see Attachment "A") cooperatively with the proposed adjacent land subdivision. Legal requirements. The City is not legally required to open this unimproved street. It is understandable, how- ever, that the adjoining property owner thought the City was offering to improve Norwood Street as part of the transaction which occurred in 1980 related to the storm drain project. There is, additionally, the matter of City storm drain facilities existing under the property "reserved" for Norwood Street. Legal authority exists for City Council to authorize the "reserved" property to be acquired and the street to be graded. Cost to the City would be approximately $15,000 - $20,000 for City forces to construct a 30-foot wide double surfaced treated road. Funds are available in the FY 1986 Operating Budget of Street Maintenance. Under this proposal the ad- joining property owner/developer would be required to pro- vide standard curb and gutter adjacent to the property to be subdivided, in keeping with City regulations. Up to $5,000 could be required to acquire the "reserved" portion of Norwood Street. Funding of the City share of the construction would be from existing operating accounts. Unspent appropriations for Shenandoah Avenue Realignment (Account #0080529540), re- cently completed, can be transferred for the right-of-way acquisition. Subject: Mayor and Council Members Opening Norwood Street, S.W. October 13, 1986 Page 3 5. Neighborhood concerns are summarized and addressed on Attachment "B". B. Council not authorize any City Participation in the construc- tion of Norwood Street. Legal requirements. The property "reserved" for Norwood Street would still need to be acquired to clear up the matter of public right-of-way for the City's existing storm drain facilities through the area. 2. Legal authority would not be an issue, since City Council has full discretion in this matter. 3. Cost would be limited to the acquisition of the "reserved" portion of Norwood Street, not expected to exceed $5,000. 4. Funding would be available in the same account set forth in Section IV.A.4. 5. Neighborhood concerns would not necessarily be resolved nor disappear. V. Recommendation: It is still recommended that City Council approve Alternative "A" and authorize the construction of Norwood Street cooperatively with the adjoining property owner/developers by means of the following actions: no Authorize the acquisition of the "reserved" portion of Norwood Street by donation, or purchase, or condemnation, if necessary, for consideration not to exceed $5,000 without further approval from City Council; transfer funds in the amount of $5,000 from ~nenandoah Avenue Realignment Project (Account Number 008-052-9540) into a new account entitled "Norwood Street" to be established by the Director of Finance. Authorize the City Manager to enter into an agreement, in the general form attached hereto, in a form acceptable to the City Attorney, providing for the cooperative construction of Norwood Street between Airview Road and Hope Road. Co Appoint a viewer to ascertain what damages, if any, will occur on adjoining private property as a result of the opening of Norwood Street. Subject: Mayor and Council Members Opening Norwood Street, S.W. October 13, 1986 Page 4 The City Administration will make every effort to work with the neighborhood residents to address the concerns which have been raised, recognizing that some differences of opinion have been expressed. '/J~~'Respectfully submit,~ed, W. Robert Herbert City Manager WRH:WFC:gs Attachments pc: Assistant City Manager City Attorney Director of Finance Director of Public Works City Engineer City Planning Mr. Bob R. Caudle, 4110 Chesterton Street, S.W. Colonel Leonard S. Becker, 1916 Walmann Road, S.W. 'ATTACHMENT A ATTACHMENT "B" NORWOOD STREET NEIGHBORHOOD CONCERNS Existing 60" storm drain in Norwood Street is inadequate to handle runoff during many storms. Response - While such is not directly related to the subject at hand, it will be investigated; the existing system was installed in 1981 and should be adequate for the 10-year frequency storm, standard for City drainage facilities. If curb and gutter is to be installed by developers on the north side of Norwood Street, it should also be installed on the south side adjacent to existing homes. Response - The reco~endation only provides that the property owner/developer install curb and gutter adjacent to proposed lots to be subdivided; whether curb and gutter or ditch-section is more appropriate on the south side of the street would be based on final design of the new roadway. Some residents want Norwood Street to be opened to Westchester Avenue, as a relief collector to Mud Lick Road/Grandin Road Ext. Response - Ultimate determination will be made at time of develop- ment of adjoining property to the east of Airview Court; sentiment was also expressed against this proposal, due to the additional traffic which it would attract. Some few residents want Norwood Street not to be connected at the Airview Road intersection, thus limiting access to the proposed new development by way of Walmann Road or Hope Road. Response - This proposal would certainly preclude through traffic on Norwood Street from using Walmann Street or Hope Road, but would con- tinue the use of Airview as a bypass to the Grandin Road Ext.-419 intersection. Other residents expressed a desire for thru access to Norwood Street. Norwood Street should only be constructed the length required to serve new development, or approximately 400 feet at this time. Response - While it is true that the first phase of this develop- ment is for 4 100-foot lots, it is anticipated that the remaining property will be sold in three (3) additional lots promptly; to extend the street in several stages would be more costly to the City than to accomplish all work at one time. ATTACHMENT "B" Cont' d. 7o Request that all intersections have "Stop" signs facing each traffic movement. Response - "Stop" signs are intended to assign right-of-way at intersections, not speed-control devices; frequently, improperly placed signs generate other complaints due to squealing tires from irate drivers; in any case, appropriate signage will be in- stalled. Grandin Road Ext. needs to be improved from Mud Lick Road to Route 419. Response - No argument with this observation; while there are many traffic improvement needs in the City, hopefully, new State legis- lation will provide additional revenue to meet these needs in a more timely fashion. One resident specifically requested that their name be removed from the petition opposing the City opening Norwood Street; others present were invited to contact the Director of Public Works if they wanted similar feelings to be noted in the record. Mary F. Parke~ City Clerk October 9, 1986 Mr. Bob R. Caudle 4110 Chesterton Street, Roanoke, Virginia 24018 Gentlemen: S. W. Colonel Leonard S. Becker 1916 Walmann Road, S. W. Roanoke, Virginia 24018 This is to advise you that the enclosed re~ort is included on the aoenda of the Council of the City of Roanoke for its meeting on Monday, October 13, 1986, said Council meeting to begin at 7:30 D.m., in the Council Chamber on the fourth floor of the Municipal Building. - Sincerely, MFP:js Mary F. Parker, City Clerk CMC Enc. October 16, 1986 File #514 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report recommending that the City Administration be authorized to proceed toward accepting Lake Drive, S. W., for public maintenance, providing water service, street lights and street maintenance, contingent upon 100% donation of right-of- way, with funding from existing City accounts, and receipt of appropriate funding from the citizens for extension of water ser- vice, was before the Council of the City of Roanoke at a regular meeting held on Monday, October 13, 1986. On motion, duly seconded and adopted, Council concurred in the recommendation. Sincerely, MFP:se Mary F. Parker, CMC City Clerk Room456 MunlcipalBuildlng 215 Church Av~nue, S,W,l:~oonc:~e, Vlrglnla24011 (703)98t-2541 Mr. W. Robert Herbert Page 2 October 16, 1986 cc: Mr. and Mrs Joe B. Smith, 3714 Lake Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs Elmer S. King, 3703 Lake Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs Scott S. McCoy, 3724 Lake Drive, S. W. Roanoke, Virginia 24018 ' Mr. and Mrs Conrad Stone, 4018 Lake Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Denis A. Lape, 3627 Lake Drive, S. W., Roanoke, Virginia 24018 Mr. an Mrs. Chris O. Baker, 3633 Lake Drive, S. W., Roanoke, Virg n~a 24018 Mr and Mrs Charles Simmons, 4016 Lake Drive, S. W., Roanoke, Virginia 24018 Mr and Mrs. R. A. Cronise, 4001 Lake Drive, S. W., Roanoke, Virginia 24018 Mr and Mrs. John A. Cloeter, 3704 Lake Drive, S. W., Roanoke, Virginia 24018 Mr and Mrs. Harry C. Turner, 3711 Lake Drive, S. W., Roanoke, Virginia 24018 Mr and Mrs. Jess W. Chapman, 2308 Karen Hill Drive, Salem, Virginia 24153 Mr and Mrs. David G. Rosenbaum, 3249 Hastings Road, S. W., Roanoke, Virginia 24018 Mr and Mrs. Walter Johnson, 4023 Lake Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. G. Nelson Havens, 3637 Lake Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Jonathan M. Rogers, 3734 Lake Drive, S. W., Roanoke, Virginia 24018 Mr. Ernest M. Proffitt, 3613 Lake Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. David L. Huffman, 3647 Lake Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Edward Brinkley, 3619 Lake Drive, S. W., Roanoke, Virginia 24018 A. M. Renick Estate, c/o John Renick Company, Executor, Route 2, Box 22, Salem, Virginia 24153 Mr. James W. Allen, 3719 Lake Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. James T. Kesler, 3347 Valentine Avenue, Roanoke, Virginia 24018 Mr. and Mrs. Joseph G. D'Angelo, 1524 Temple Drive, Maple Glen, Pennsylvania 19002 Mr. W. Robert Herbert Page 3 October 16, 1986 CC: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. M. Craig Sluss, Manager, Water Department Mr. George C. Snead, Jr., Director of Administration and Public Safety 'B6 {tg'{ -8 10:19 Roanoke, Virginia October 13, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Council Members: Subject: Lake Drive, S.W. I. Background on this subject includes: ao Lake Drive, S.W., was developed as a private street when the Windsor Hills area was in the County of Roanoke, and it is still private. Most of the homes on this street were built in the 1950's, with a least one home built in 1929. B. Annexation of the area to the City occurred on January 1, 1976. Some residents along the street would like to have all City services (which particularly includes street maintenance, water service, and street lights). Petition for services received by Councilman James G. Harvey, II, and forwarded to William F. Clark, Director of Public Works (Attachment "A"). Report to Council recommending that the City accept Lake Drive for public maintenance under certain conditions was submitted on July 28, 1986. The subject was referred back to the City Administration to continue working with the residents toward a possible agreement. Meeting with neighborhood residents was held early in August and an interest survey was conducted with all res- idents/property owners (see Attachment "B"). II. Current Situation: A. Improvements that could be implemented include: 1. Removal of two speed bumps at a cost which could be included in regular maintenance actitivies. Resurface existing pavement, 18 feet wide, which could be done through the annual paving program (assuming 1,000 feet long, would cost approximately $8,000). 3o Review, under normal City policy, for installation of three (~) street lights. If approved, cost is $6.05 per month per light, or an annual cost of $217.80. Monies are presently budgeted for such work. Mayor and Members of Council Subject: Lake Drive, S.W. October 13, 1986 Page 2 Water service for a distance of approximately 1,000 feet at a current total cost of $12,000. Property owners share would be $5,000, and they would be en- titled to refunds of $200 per resident who takes water service within 30 days of water main completion. Residents would also be required to pay the prevailing connection fee for water service and meter when they sign for water service. If a water line is to be in- stalled, such should be done before the street is paved. B. Deeds will need to be prepared by an attorney who should be retained by the affected property owners. C. Title search, at a cost of $1,500, will have to be completed and can be performed by City Attorney's office. Such will determine exactly who owns the property needed for a public right-of-way. D. Surveys and right-of-way dedication plats will need to be performed by a surveyor who should be retained by the affected property owners. Interest survey was mailed to twenty-two (22) residents/ property owners along Lake Drive, S.W., and to date six- teen (16) responses have been received. Results of the survey are as follows: 1 .... do 15 ...do not 2 want the City to assume maintenance responsibility for Lake Drive. ...will 11 ...will not 6 agree to donate at no cost that portion of property required for Lake Drive to become a standard public right-of-way. ...will 9 ...will not 8 be interested in partici- pating in the cost of installing a water line in Lake Drive. III. Issues in order of importance are: A. Private Property B. Citizens C. Improvement Cost D. Recurring Costs E. State Maintenance Reimbursement F. Other Private Streets Mayor and Members of Council Subject: Lake Drive, S.W. October 13, 1986 Page 3 IV. Alternatives in order of recommendation: Authorize City Administration to proceed toward accepting Lake Drive for public maintenance, providing water service, street lights, and street maintenance, contingent upon do- nation to the City of all right-of-way necessary. The limit of such City maintenance and improvements would be determined by the willingness of property owners to donate a continuous public right-of-way beginning at Deyerle Road. Water Service and other improvements would not be made un- til residents have provided funding, under the current water line extension policy, for extension of water service. Private property would become public right-of-way 50 feet in width (City standard) which would include bushes, trees, and fences presently located near the 18 foot wide paved roadway. 2. Citizens would be in a position to receive additional City services. Improvement costs incurred by the City, for paving, water service, and street lights, would be approxi- mately $18,000. This assumes that all right-of-way would be donated and all costs associated with dedi- cation would be the responsibility of the affected property owners. Funding of these improvements would come from other monies presently budgeted. Recurring costs would be the normal activities and costs for street repairs, snow removal, street lighting, etc. Based on experience, the estimate of annual road- way expense for Lake Drive (at 18 feet wide) is $1,700. State maintenance reimbursement will be zero. The street width is not enough to qualify for street main- tenance payments from the State. (It would cost ap- proximately $38,000 to widen the pavement to 30 feet in order to qualify for maintenance payments of $1,700 annually.) Other private streets exist for which similar citizen requests could be expected. These nine (9) private roadways, as well as Lake Drive, are indicated on At- tachment "C". Bo Do not authorize City Administration to proceed toward accepting street for public maintenance, providing water service and street lights. Mayor and Members of Council Subject: Lake Drive, S.W. October 13, 1986 Page 4 1. Private property owners will continue to own the street. 2. Citizens would not be in a position to receive addi- tional City services. 3. Improvement costs are not an issue. 4. Recurring costs are not an issue. 5. State maintenance reimbursement is not an issue. 6. Other private streets are not an issue. Vo Recommendation is that City Council approve Alternative "A" and authorize the City Administration to proceed toward accepting Lake Drive for public maintenance, providing water service, street lights and street maintenance, contingent upon 100% dona- tion of right-of-way, with funding from existing City accounts, and receipt of appropriate funding from the citizens for exten- sion of water service. If considerable differences of opinion persist among the property owners, of course the City will be unable to implement this recommendation. W. Robert Herbert WRH:WFC:gs City Manager Attachment "A" - Petition from Lake Drive Residents Attachment "B" - Interest Survey Attachment "C" - Chart of Private Streets pc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Director of Administration and Public Safety Mr. & Mrs. Joe B. Smith, 3714 Lake Drive, S.W., Roanoke, VA 24018 Mr. & Mrs. Elmer S. King, 3703 Lake Drive, S.W., Roanoke, VA 24018 Mr. & Mrs. Scott S. McCoy, 3724 Lake Drive, S.W., Roanoke, VA 24018 Mr. & Mrs. Conrad Stone, 4018 Lake Drive, S.W., Roanoke, VA 24018 Mr. & Mrs. Denis A. Lape, 3627 Lake Drive, S.W., Roanoke, VA 24018 Mr. & Mrs. Chris O. Baker, 3633 Lake Drive, S.W., Roanoke, VA 24018 Mr. & Mrs. Charles Simmons, 4016 Lake Drive, S.W., Roanoke, VA 24018 Mayor and Members of Council Subject: Lake Drive, S.W. October 13, 1986 Page 5 pc: (Cont'd) Mr. & Mrs. Mr. & Mrs. Mr. & Mrs. Mr. & Mrs. Mr. & Mrs. 24018 Mr. & Mrs. Mr. & Mrs. Mr. & Mrs. Mr. Ernest Mr. & Mrs. R. A. Cronise, 4001 Lake Drive, S.W., Roanoke, VA 24018 John A. Cloeter, 3704 Lake Drive, S.W., Roanoke, VA 24018 Harry C. Turner, 3711 Lake Drive, S.W., Roanoke, VA 24018 Jess W. Chapman, 2308 Karen Hill Drive, Salem, VA 24153 David G. Rosenbaum, 3249 Hastings Road, S.W., Roanoke, VA Walter Johnson, 4023 Lake Drive, S.W., Roanoke, VA 24018 G. Nelson Havens, 3637 Lake Drive, S.W., Roanoke, VA 24018 Jonathan M. Rogers, 3734 Lake Drive, S.W., Roanoke, VA 24018 M. Proffitt, 3613 Lake Drive, S.W., Roanoke, VA 24018 David L. Huffman, 3647 Lake Drive, S.W., Roanoke, VA 24018 Mr. & Mrs. Edward Brinkley, 3619 Lake Drive, S.W., Roanoke, VA 24018 A. M. Renick Estate, c/o John Renick Co., Executor, Route 2, Box 22, Salem, VA 24153 James W. Allen, 37~9 Lake Drive, S.W., Roanoke, VA 2~018 Mr. & Mrs. James T. Kesler, 3347 Valentine Avenue, Roanoke, VA 24018 Mr. & Mrs. Joseph G. D'Angelo, 1524 Temple Drive, Maple Glen, PA 19002 ATTACHMENT "A" 0 / 75 PRIVATE STREETS COST TO STREET FROM TO LENGTH EXISTING WIDTH IMPROVE STANDARDIZE EXISTING (30') WIDTH ONLY Clara Rd., S.W. Mud Lick Rd. End 650' 20' $ 21,000 $ 6~500 Dogwood Hill Road, N.E. Kin~ St. End 600' 10' 38,500 3~000 Gates Lane, N.E. 375' N. of City Limits End 250' 10' 16,500 2,700 300' E. of Lake Dr., S.W. Deyerle Rd. S. Lake Drive 1000' 18' 38~000 8~000 River Ave., S.E. 9th Street Progress Drive 2100' 25' 156~000 85,000 Scott Rd., N.E. Daleton Rd. End 750' 10' 48~000 8~000 Sharon Rd.m N.E. Crai~ Rd. End 800' i0' 51,000 4,000 South Lake Lake Dr. Westchester Drive, S.W. Ave. 1850' 10' 59,000 9,200 Unnamed Ross Lane End 400' 20' 10,500 4,000 Ventnor Rd., S.E. 300' S. of Garden City Imlay Ave. Blvd. 850' 10' 54,000 4~300 TOTAL $492~500 $134,700 SAY $500,000 $135,000 5/23/86 RKB/dbm ATTACHMENT "C" Uctober 17, 1986 File #22-178-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28394, authorizing you to execute Agreements for Acquisition and Maintenance of Vacant Lot with certain purchasers of vacant lots under the City's Vacant Lot Homesteading Program; authorizing the City Attorney and Director of Finance to execute deeds of trust securing loans made as a part of the Vacant Lot Homesteading Program and to serve as trustees; and authorizing you to execute certificates of satis- faction, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 13, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: r~r. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Ronald H. Miller, Building Commissioner Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 2t5 C~urch Avenue, S,W. Roonoke, V~rglnla 2401 t (703) 981-254t IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of October, 1986. No. 28394. VIRGINIA, AN ORDINANCE authorizing the City Manager to execute Agreements for Aequisition and Maintenance of Vacant Lot with certain purchasers of vaeant lots under the City's Vacant Lot Homesteading ~rogram~ autho- rizing the City Attorney and Director of Finance to execute deeds of trust securing loans made as a part of the Vacant Lot Homesteading Program and to serve as trustees; authorizing the City Manager to exe- cute certificates of satisfaction; and providing for an emergency. WHEREAS, Council finds that vaeant lots which become overgrown with weeds, harbor rats and often become inviting areas for the dump- ing of trash are prejudicial to the public health, welfare and safety; WHEREAS, by Resolution No. 26619, adopted July 25. 1983, this Council approved a Vacant Lot Homesteading Program (hereinafter "the Program") by which Federal Community Development Block Grant (herein- after "CDBG") funds will be loaned to responsible persons to permit their purchase and clearing of vacant lots with the understanding that such deferred payment loans will be forgiven if the purchaser fulfills the conditions of an Agreement for Acquisition and Maintenance of Va- cant Lot between such purchaser and the City; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. the City purchasers of vacant for the Program. The City Manager is hereby authorized to make deferred payment, lots who meet for and on behalf of forgivable loans of CDBG funds to the eligibility criteria established 2. The City Manager is hereby authorized, for and on behalf of the City, to execute Agreements for Acquisition and Maintenance of Vacant Lot, between the City and purchasers of vacant lots as identified in the City Manager's report of October 13, 1986, (here- inafter the "Report"), such Agreements to be approved as to form by the City Attorney. 3. To secure payment of the loans of CDBG funds made under the Program and performance by the purchasers of the Agreements for Acqui- sition and Maintenance of Vacant Lot, the purchasers identified in the Report shall each execute a deed of trust and deed of trust note, which documents shall be approved as to form by the City Attorney. 4. Wilburn C. Dibling, Jr., City Attorney, and Joel M. Schlanger, Director of Finance, (hereinafter "Trustees") are hereby authorized to serve as Trustees for and on behalf of the City as beneficiary and to execute deeds of trust for and on behalf of the City with respect to those parcels identified in the Report. 5. Pursuant to §26-49, Code of Virginia (1950), as amended, City Council reserves the right in its sole discretion for any reason what- soever to appoint a substitute trustee or trustees. 6. Upon payment or full satisfaction of the debt secured by the deed of trust and delivery of the cancelled deed of trust note to the person by whom it was paid, the City Manager shall be authorized to execute a certificate of satisfaction upon form prepared by the City Attorney, and the City Attorney shall be authorized to file such cer- tificate of satisfaction in the Office of the Clerk of the Circuit Court of the City of Roanoke. 7. In order to provide for the usual daily operation municipal government, an emergency is deemed to exist, and nance shall be in full force and effect upon its passage. A~FI'EST: of the this ordi- City Clerk. RECEIVED CITY CLER~<,S ~]FF]CE Honorable Mayor and Members of Councll Roanoke, Virginia Dear Members of Council: Subj ect: I. Back~round: A. Roanoke, Virginia October 13, 1986 Contracts Under Vacant Lot Homesteading Program Vacant Lot Homesteadin~ Pro,ram was developed to reduce the number of vacant, neglected lots in the City's neighborhoods by helping responsible parties buy the lots. B. Loans made by the City under the Program cover: 1. Purchase price, up to appraised value; 2. Services of a realtor (in some cases); 3. Legal fees; 4. Costs to clear lot initially, in cases where needed; 5. Other reasonable expenses; C. Current available fundin~ approved by City for Vacant Lot Homesteading Program is approximately $16~250, all from CDBG funds. II. Current Situation: Five additional candidate lots have been identified as appropriate for the Program. Four of these have been escheated by the State and are to be auctioned in October or November. Contracts with intended buyers of the vacant lots must be executed to commit each to buy the lot if it is available and to maintain it after it is transferred to the buyer. These commitments from homeowners adjacent to the vacant lots have been obtained (attachment). Funds are available in CDBG account 035-084-8420-5104 approved and established for the Vacant Lot Homesteading Program. Page 2 Honorable Mayor and Members of Council Any delinquent tax~ weed~ or demolition liens held by the City against any lot will be paid from the proceeds of sale of that lot, to the limit of the proceeds of the sale after expenses of the sale. III. Issues: A. Effect on community revitalization B. Cost to the City C. Timing IV. Alternatives: Authorize the City Manager to execute contracts with appropriate parties to acquire and maintain vacant lots identified on the attachment in accordance with the Vacant Lot Homesteading Program; Authorize deferred payment forgiveable loans from CDBG Vacant Lot Homesteading account 035-084-8420-5104 to the appropriate buyers for purchase and expenses for transfer of the vacant lots; and Authorize the City Attorney and the Director of Finance to serve as Trustees of each deed of trust on each loan extended to buyers under the Program. Effect on community revitalization will be positive, in that unkept vacant lots will be well-maintained by buyers, permanently removing "eyesore" from residential neighborhoods. 2. Cost to the City will be approximately $10,000 from CDBG funds previously allocated for this Program. 3. Timing is such that contracts must be executed prior to escheat auction planned to be held in October or November. Do not authorize execution of contracts with buyers or loans for purchase and transfer of lots under the Vacant Lot Homesteading Program. Effect on community revitalization will be negative. Identified lots are likely to remain unkept and detrimental to the community. Cost to the City would be nothing initially, but continued complaints on unkept lots, blighting effect on surrounding areas, and periodic cleaning of lots by City are likely to result in long-term costs to the City. 3. Timing is not an issue. V. Recommendation: Authorize the City Manager or his designee to execute contracts with appropriate parties to acquire and maintain the vacant lots identified on the attachment in accordance with the Vacant Lot Homesteading Program approved by City Council July 25, 1983, the contracts to be approved as to form by the City Attorney. Authorize deferred payment forgivable loans from CDBG Vacant Lot Homesteading account 035-084-8420-5104, in amounts to be determined in each case pursuant to the approved Vacant Lot Homesteading Program, to the appropriate buyers for purchase and related expenses for the transfer of the lots identified on the attachment. Authorize the City Attorney and the Director of Finance to serve as trustees of each deed of trust on each loan extended to buyers of the lots identified on the attachment under the Program. ReTctfully ~tted' ,/ , Ifz W. Robert Herbert City Manager WRH:HDP:saj Attachments cc: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Approximate Address of Lot 302 Eight Street S.W. #2 Fourteenth Street $.W. 1714 Rorer Avenue S.W. 508 Madison Avenue N.W. 1216 Montrose Avenue $.E. Attachment Candidate Vacant Lots Tax Appraised Number Value 1112301 $1,200 1211102 $ 400 1212305 $2,000 2021516 $1,000 4121725 $2,800 Prospective Buyer Willie and Harriett Small Dorothy Coleman Lemuel Coles David A. & Marjorie Crawley George R. Hurst October 17, 1986 File #60-67 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28395, amending and reor- daining certain sections of the t986-87 Capital Fund Appropriation Ordinance, to provide for the appropriation of $20,000.00 for Oevelopment of a landscaped park at the intersec- tion of Hershberger and Williamson Roads, w~ich Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 13, 1986. Si ncerely, Mary F. Parker, CMC City Clerk MFP:se Eric. Room456 MunicipaIBuildlng 215 Church Ave~ue, S.W. Roc~noke, Vtrglnlo24011 (703)981-2541 Mr. Joel M. Schlanger Page 2 October 17, 1986 cc: Mr. William Watts, Ch2irman, Andrews Park Committee, 1272 Rockland Avenue, N. W., Roanoke, Virginia 24012 Mr. Thomas A. Bradshaw, 3201 White Oak Road, S. W., Roanoke, Virginia 24014 Mr. Julian D. King, President, Witliamson Road Action Forum, Inc., P. O. Box 5064, Roanoke, Virginia 24012 Mrs. Helen R. Prillaman, Williamson Road Action Forum, Inc., P. O. Box 5064, Roanoke, Virginia 24012 Mr. Charles R. Minter, President, Williamson Road Area Business Association, 3302 Williamson Road, N. W., Roanoke, Virginia 24012 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Jimmie B. Layman, Manager, Parks and Recreation/Grounds Maintenance Mr. Dinesh V. Tiwari, Parks Planner Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of October, 1986. No. 28395. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Capital 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 Capital Fund Appro- priation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Parks & Recreation Hershberger/Williamson Road Park Project $3,105,187 (1-2) .... 20,000 Fund Balance Fund Balance - Unappropriated (3) ................... $2,305,778 (1) Approp. from General Rev. (2) Approp. from 3rd Party (3) City Unapprop. (008-050-9544-9003) $ 8,700 (008-050-9544-9004) 11,300 (X008-3325) ( 8,700) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk RECEIv£~ CITY CLERKS OFFICE Roanoke, Virginia October 13, 1986 '86 DOT-8 A10:15' Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Hershberger/Williamson Road Park Project Dear Members of Council: I. Background: City Council, on June I7, 1985, took following actions to allow deve- lopment of a landscaped park at the intersection of the Hershberger and Williamson roads as recommended by the Williamson Road Area Business Association (WRABA): Adopted a resolution requesting that the Virginia Department of Highways and Transportation (VDH&T) convey the dead-end portion of Cross Road to the City of Roanoke for use as deemed appropriate; and 2. Authorized the City Attorney to file the necessary papers to effec- tuate the closing of Cross Road. B. ~ity Council authorized the closing of Cross Road on September 26, 1985 (Ordinance No. 27779). C. VDH&T conveyed the dead-end portion of Cross Road to the City of Roanoke on November 8, 1985. II. Current Situation: A. Andrews Family has generously contributed a total of $11~300 towards the development of the subject park. Be A Landscape Design Plan for the subject site has been developed with the involvement of the WRABA. The WRABA also wishes to erect an appropriate marker in memory of Thomas Jefferson Andrews (1890-1983), a respected farmer and outstanding civic leader who made significant contributions to the development of the Williamson Road area. C. Cost of the total project is estimated to be $27,550 (see attached cost estimates). The contract work is estimated to be less than $10,000 per item, as such, the award for the work is anticipated to~led administra- tively as permitted under the City's Procurement Procedure once fund- ing is in place. Honorable Mayor and Members of City Council Page 2 Project schedule is to complete a substantial portion of the work by Fall, 1986, barring any unforeseeable circumstances. Cits Planning Commission is anticipated to present its recommendation to the Council regarding the naming of this Park within next few weeks. III. Issues: A. Implementation of the project. B. Cost. C. Funding. D. Timing. IV. Alternatives: Council appropriate $20,000 to facilitate substantial completion of the proposed landscaped park by the Fall, 1986. Implementation of the subject project is an important recommen- dation of the Council-authorized urban design study for the Williamson Road corridor. The completion of the project would enhance the appearance of a high visibility intersection in the Williamson Road area. Cost of the total project is estimated to be $27,550: a. Proposed Contract Work $20,000 b. Proposed In-House Work 7,550 Total $27,550 Cost to the City would be $8,700 in direct cash outlay plus $7~550 worth of in-house work to be completed through City forces. Cost of upkeepin§ the new park would be relatively low because of it's small size (0.2850 acre) and maintenance conscious design features. This cost would be absorbed within the current operating budget of the City. Honorable Mayor and Members of City Council Page 3 Fundin~ for the proposed contract work is available from: a. Contributions received from the Andrews family (Capital Projects Fund Account No. 008-1130) $11,300 b. Undesignated Capital Funds 8~700, Total $20,000 Direct cash outlay of City funds is needed to complete a substantial portion of the project by the Fall, 1986: Revised and updated cost estimated for the total project, based upon refined engineering drawing, are $5,550 higher than the preliminary cost estimates of $22,000 prepared in 1985. Certain work elements, originally planned to be accomplished through City forces, would have to be contracted out because of the unanticipated additional work related to the flood of 1985. Timin9 for the approval of the funding is important to complete the necessary concrete and site preparation work to allow planting of the trees during the much desirable fall season of this year. Council appropriate only $11,300 with the balance of the work to be completed through City forces. Implementation of the project would have to be phased over an estimated twelve-month period to allow completion of a substantial number of work elements through City forces. The scope of the work may also have to be reduced to stay within the available in- house resources. 2. Cost of the total project would remain $27~550: a. Proposed Contract Work $11,300 b. Proposed In-House Work 16,250' Total $27,550 The scope of this work may have to be reduced as per available in-house resources. Cost to the City would be up to $16~250 in in-house work. Cost of upkeeping the park would not change. Honorable Mayor and Members of City Council Page 4 Funding for the $11,300 in proposed contract work would come from contributions received from the Andrews family. No direct outlay of City funds would be required. ~ for the completion of the project would be delayed by up to ths because City's share of the work would be accomplished through operating departments and as time permits in their regular work schedule. Therefore, the site would remain unimproved for a much longer period of time. V. Recommendations: City Council concur with Alternative A and: Appropriate $20~000 from following sources into a capital account to be established by the Director of Finance for the subject project: 1. Contributions received from Andrews Family (Capital Projects Fund Account #008-1130) $11,300 2. Undesignated Capital Funds 8,700 Total $20,000 Authorize the City Manager to erect an appropriate marker in the Park recognizing Thomas Jefferson Andrews, an outstanding civic leader who made significant contributions to the development of the Williamson Road area. Resp~ctfully submit/b~d, W. Robert Herbert City Manager WRH:DVT:mds Attachments CC: Mr. William Watts, Chairman, Andrews Park Committee, WRABA, 1272 Rockland Avenue, N. W., Roanoke, VA 24012 Mr. Thomas A. Bradshaw, 3201 White Oak Road, S. W., Roanoke, VA 24014 Mrs. Helen R. Prillaman, WRAF, Inc., P. O. Box 5064, Roanoke, VA 24012 City Attorney Director of Finance Director of Administration & Public Safety Director of Public Works Director of Utilities and Operations City Engineer Manager, Department of Parks and Recreation/Grounds Maintenance Hershber~er/Williamson Road Park Project Revised Cost Estimates (September, 1986) I. Contract Work Elements: A. Site Preparations ......... 1. 2. 3. 4. B. Park Plaque Area ......... 1. Bronze Plaque ........... 2. Continue concrete wall to plaque and sidewalk. 3. Concrete walk to plaque ........ C. Landscaping .............. 1. #7, October Glory Maple ..... 2. #5, Kwanzan Cherries ...... 3. #15, Pyramidal Arborvitae ..... 4. Seeding .......... D. Sprinkler System ........ Sub Total (Items A, B, C and D) .... Curb and gutter, 50' sidewalk - Curtis Ave. · . $1,750 Curb Addition towards Firestone side .... 1,150 Pavement Replacement .......... 1,500 Drainage inlet and pipe ....... 1,800 8OO 1,250 25O 3,400 1,100 1,200 9OO Profit, Overhead and Construction Contingencies .... · · · $ 6,200 2,300 6,600 1,400 16,500 3,500 Total Estimated contract construction cost. . II. In-house Work Elements: ........ $20,000 Total estimated value of In-house Work (Items A, B, C and D) $ 7,550 Total Estimated Project Cost (Items I and II) ............. $27,550 A. Pavement Removal (completed) .... ....... $ 575 B. Soil tilled to 1' depth ................. 325 C. Regrading (grading, fill and topsoil preparation) ...... 5,000 D. Topsoil 6" ........................ 1,650 Williamsan load ,Assac/at/an 3302 Williamson Road Roanoke, Virginia 24012 October 6, 1986 Mr. Earl B. Reynolds, Jr. Assistant City Manager City of Roanoke 215 Church Avenue, SW Roanoke, Virginia 24011 Dear Mr. Reynolds: We are pleased to learn that the family of the late Thomas J. Andrews has contributed funds towards development of a small park on Williamson Road, and on land that was owned by Mr. Andrews. We have reviewed the plans for the proposed park, and we are pleased with the design. We, the Williamson Road Area Business Association, heartily endorse the development of this park, to be named Andrews Park. We feel this park will enhance the beauty of this part of our City. We are looking forward to the early completion of this long awaited project. Charles R. Minter President CPM/om 241312 October 6, 1986 Mr. Earl B. Reynolds, Jr. Assistant Manager City of Roanoke 21S Church Avenue,SW Roanoke, Virginia 24011 Dear Mr. Reynolds: We are writing you to convey the Williamson Road Action Forum's support of and agreement with the Williamson Road Area Business Association's efforts to have a small park de eloped at the intersection of Hershberger and Williamson Roads. Plans for the park have been reviewed and we recommend that development be made accordingly. The Williamson Road Area Business Association has indicated that it is felt that landscaping, etc. at the park site is critical as part of the plan to improve the visual image of Williamson Road. The Williamson Road Action Forum agrees and we do hope that development of the park can proceed without further delay. We also want to state that the Williamson Road Action Forum, Inc. thinks it most appropiate that the park be named "Andrews Park" in memory of Mr. Thomas J Andrews who was one of Williamson Road's most respected and prominent leaders. He made outstanding contributions to the development of the Williamson Road area and, of course, the park site is part of his extensive land holdings while the Andrews family owned Greendale Farm. It is also of interest to learn that the Andrews Family have made a sizable contribution to the develop- ment of the Park. Sincerely, Julian D. King President October 17, 1986 File #207 Joe Bandy & Son, Inc. P. O. Box 4061 Roanoke, Virginia 24015 Gentlemen: ! am enclosing copy of Ordinance No. 28397, accepting your pro- posal for site grading on City owned property being developed for Orvis, Inc., in the Roanoke Centre for Industry and Technology, in the total amount of $136,515.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 13, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. cc: Mr. Mr. W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Construction Cost Technician Mr. Robert K. Bengtson, Traffic Engineer Mr. Brian J. Wis~neff, Chief of Economic Development and Grants Room456 MunlclpalBullding 215 C~urch Avenue, S.W.l~anc~e,~rglnla24011 (703)981-2541 Of~e o~ ~he Qly Qe~ October 17, 1986 File #207 Thomas Brothers, Inc. H.T. Bowling, Inc. 494 Glenmore Drive RFD 2, Box 333 Salem, Virginia 24153 Radford, Virginia 24141 Gentlemen: I am enclosing copy of Ordinance No. 28397, accepting the pro- posal of Joe Bandy & Son, Inc., for site grading on City owned property being developed for Orvis, Inc., in the Roanoke Centre for Industry and Technology, in the total amount of $136,515.00, which Ordinance was adopted by the Council of the City of RoanoKe at a regular meeting held on Monday, October 13, 1986. On behalf of the Council, I would like to express appreciation to you for submitting your proposal for site grading for Orvis, Inc., in the Roanoke Centre for Industry and Technology. Sincerely, Hary F. Parker, CMC City Clerk MFP:se Enc. Room456 Municll:~lBuildtng 215 0~urch Avenue, S.W. FI, oc:~::~e, Vlrglnla240'11 (703)981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of October, 1986. No. 28397. AN ORDINANCE accepting the bid of Joe Bandy & Son, Inc., for site grading on City owned property being developed for Orris, Inc. in the Roanoke Centre for Industry and Technology, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Joe Bandy & Son, Inc. made to the City in the total amount of $136,515.00 for site grading on City owned property being developed for Orris, Inc., in the Roanoke Centre for Industry and Technology, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract doeuments offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its tions made therefor, by the City Attorney, funds heretofore said contract and the cost or simultaneously proposal made therefor and the City's specifica- to be in such form as is approved of said work to be paid for out of appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. municipal nanee In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this ordi- shall be in full force and effect upon its passage. ATTEST: City Clerk. October 17, 1986 File #60-207 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28396, amending and reor- daining certain sections of the 1986-87 Capital Projects Fund Appropriations, by appropriating $149,515.00 for site grading for the Orvis, Inc., Fulfillment Center, Roanoke Centre for Industry and Technology, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 13, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. cc: Mr. Mr. W. Robert Herbert, City Manager Witburn C. Dibling, Jr., City Attorney Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Construction Cost Technician Mr. Robert K. Bengtson, Traffic Engineer Mr. Brian J. Wishneff, Chief of Economic Development and Grants Room 456 Municil:~l Building 215 Church Av~,nue, S.W. Roono~e, Virginia 240t I (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of October, 1986. No. 28396. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Capital Projects Fund Appropriations and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Certain sections of ~the 1986-87 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations General Government $11,044,192 RCIT Site Preparation (1) ........................ 189,511 Fund Balance Fund Balance - Unappropriated (2) .................. $ 1,861,094 (1) Approp. from General Rev. (2) Fund Balance (A008-052-9506-9003) $ 149,515 (X008-3325) (149,515) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEi¥ E0 Roanoke, Virginia CITY CLERES OFFICE October 13, 1986 '86 T-8 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report - Site Grading at Orvi$, Inc. in the Roanoke Centre for Industry and Technology Bid Committee Report, attached, is for site grading at Orvis, Inc. in the Roanoke Centre for Industry and Technology. Recommendation is that City Council approve the recommendation of the Bid Committee report. Respectfully subleted, W. Robert Herbert City Manager WRH:RKB:sef cc: City Attorney Director of Finance Director of Public Works City Engineer Chief, Economic Development and Grants RECE ~ c.c; Roanoke, Virginia CITY CLERKS OFFICE October 13, 1986 '~ ~T-8 P3:52 Ronorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bids for Site Grading at Orvis, Inc. In The Roanoke Centre for Industry and Technology I. Background on the project includes: Bids were received by City Council at its October 6, 1986 meeting, publicly opened, and read aloud for Site Grading at Orvis, Inc. at the Roanoke Centre for Industry and Technology. Three (3) bids were received and referred to the bid committee for review and report back to Council. B. Low bid, in the amount of $136,515.00 was submitted by Joe Bandy & Son, Inc. Orvis, Inc. is presently constructing a facility on a 20 acre City-owned tract in the Roanoke Centre for Industry and Technology, the location of which has been graded to enable building construction. Site grading is required on the remainder of this City-owned 20 acre tract as part of the City's commitment to secure Orvis, Inc. for the Roanoke Centre for Industry and Technology. II. Current situation of the project is: A. Completion of grading is scheduled for April 15, 1987. B. Funding for this project is available from the Undesignated Capital Funds Account. Page 2 III. Issues in order of importance: A. Compliance of the bidders with requirements of the contract documents. B. Amount of the iow bid. C. Funding for construction. D. Time of completion. IV. Alternatives in order of recommendation are: Award the contract to Joe Bandy & Son, Inc. in the sum of $136,515.00 and establish a contingency in the amount of $13,000.00 in a form acceptable to the Director of Finance. 1. Compliance of the bidder with the requirements of the contract documents was met. 2. Amount of the low bid is acceptable. The low bid is less than the project estimate. 3. Funding for the proposed contract amount is available in the Undesignated Capital Fund Account. Time by which grading must be completed is April 15, 1987 in order to meed the scheduled commencement of operations by Orvis, Inc., and sale of the land to Orvis. Reject the three (3) bids received and do not construct site grading at Orvis, Inc. at the Roanoke Centre for Industry and Technology at this time. Re-evaluate the project for future rebidding. 1. Compliance with requirements of the contract documents would not be an issue. 2. Amount of the bid price would probably be higher if bid at a later date. 3. Funding would not be spent at this time. Time for completion of the project would be delayed, thereby jeopardizing the timetable established for completing the site in time for Orvis, Inc. to begin operating. Page 3 V. Recommendation is that City Council take the following action: me Approve Alternative "A" and award the contract to Joe Bandy & Son, Inc. in the sum of $136,515.00 and establish a con- tingency in the amount of $13,000.00 for a total not to exceed $149,515.00. B. Appropriate $149~515.00 from Undesignated Capital Funds to an account to be established by the Director of Finance. C. Reject the other bids received. Respectfully submitted, Chairman William F. Clark Char~es M. Huffine RAG:WFC:CMH:sef Attachments: Tabulation of Bids cc: City Manager City Attorney Director of Public Works Director of Finance ATTACHMENT A TABULATION OF BIDS FOR SITE GRADING AT ORVIS, INC. IN THE ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY PLAN NO. 6012 Bids opened Monday, October 6, 1986, 2:00 p.m. BIDDER Joe Bandy & Son, Inc. Thomas Bros., Inc. H. T. Bowling, Inc. TOTAL BID $136.515.00 $141,200.00 $206,030.00 Engineer's Estimate: $144,000.00 William F. Clark Charles M. Office of the Oh/Oenk October 8, 1986 File #207 Mr. Robert A. Garland, Chairman ) Mr. William F. Clark ) Committee Mr. Kit B. Kiser ) Gentlemen: The following bids for site grading for the Orvis, Inc., Fulfillment Center, Roanoke Centre for Industry and Technology, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, October 6, 1986: BIDDER BASE BID Joe Bandy & Son, Inc. Thomas Brothers, Inc. H. T. Bowling, Inc. $136,515.00' 141,200.00 206,030.00 *See Alterations to Bid Form Un motion, duly seconded and unanimously adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, Mary F. Parker, CMC City Clerk ~IFP:se Room 456 Municipal Building 215 Churc~ Avenue, S.W. Roanoke, Vlrglnla 2,~11 (703) 981-254t Mr. Robert A. Garland, Mr. William F. Clark Mr. Kit B. Kiser Page 2 ~ October 8, 1986 Chairman CC: Joe Bandy & Son, Inc., P. O. Box 4061, Roanoke, Virginia 24015 Thomas Brothers, Inc., 494 Glenmore Drive, Salem, Virginia 24153 H. T. Bowling, Inc., RFD 2, Box 333, Radford, Virginia 24141 Mr. Wilburn C. Dibling, Jr., City Attorney October 17, 1986 File #68-166 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28383, providing for the donation of a .19-acre parcel of City-owned land to Roanoke County for county community improvement purposes, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, October 6, 1986, also adopted by the Council on second reading on Monday, October 13, 1986, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. Room 456 Municipal Building 215 (~urch Avu~nue, S.W, Roonok~, VIr~lnlo 2401 t (703) 981-2541 Mr. W. Robert Herbert Page 2 October 17, 1986 cc: The Honorable Alan H. Brittle, Chairman, Roanoke County Board of Supervisors, P. O. Box 3800, Roanoke, Virginia 24015 Mr. Elmer C. Hodge, Roanoke County Administrator, P. O. 3800, Roanoke, Virginia 24015 Mrs. Sue Palmer, Roanoke County Community Development Coordinator, P. O. Box 3800, Roanoke, Virginia 24015 Mr Mr Mr Mr Mr Mr Mr Box Project Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Richard V. Hamilton, Right-of-Way Agent Kit B. Kiser, Director of Utilities and Operations M. Craig Sluss, Manager, Water Department IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of October, 1986. No. 28383. AN ORDINANCE providing for the donation of a .19-acre parcel of City-owned land to Roanoke County for county community improve- ment purposes. BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, a quitclaim deed of donation of a certain .19-acre parcel of City-owned property for the location of a new road between State Routes 1905 and 1890, as more particularly set forth in a report to this Council dated October 6, 1986, said deed to be prepared by Roanoke County and to be in form approved by the City Attorney and the City Engineer, Roanoke County to be responsible for any other costs associated with such transfer. ATTEST: City Clerk. RECEIVED CITY CLERKS OFFICE '86 ,R.E~ 29 ~I10 :~, i Roanoke, Virginia October 6, t986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Donation of 0.19 Acre Tract of Land to Roanoke County The attached staff report was considered by the Water Resources Committee at its meeting on September 25, 1986. The Committee recommends that Council authorize the donation of a 0.19 acre parcel of land to Roanoke County for a community improvement project in the Hollins community. Res~pectful ly submitte~ beth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Water Department Manager Mrs. Sue Palmer, Roanoke County Community Development Project Coordinator Mr. Richard Hamilton INTERDEPARTMENT COMMUNICATION DATE: TO: FROM: September 25, 1986 /~-')[/ Chairman and Members, Water Resources Committee thru~rt K. B. Kiser ~.~' Subject: Donation of 0.19 Acre Tract of Land to Roanoke County Background: CommunitS improvement project in the Hollins Community along the road leading from U. S. Rt. 11 to the Carvins Cove boat landing area is being undertaken by Roanoke County. Bo Water, sewer and roadway improvements are being proposed as a grant financed project in this Community to benefit citizens in both Roanoke County and Botetourt County. C. Access road to the Carvins Cove boat landing will be straightened. City owned land for the Hollins Road water tank contains 2.27 acres. A small portion, 0.19 acres, is desired for the project. City tract is needed for the intersection of Rt. 1905 and proposed "Road A" as shown on plans drawn by Mattern & Craig Consulting Engineers, a copy of which is available in the Water Department. Donation of the 0.19 acre portion of land, valued at $496.56 plus $100.00 for a large oak tree, has been requested by Roanoke County per the attached letter dated July 15, 1986. II. Issues to be considered are: III. A. Benefit B. Community Good C. Preparation of Legal Documents D. Valley Cooperation Alternatives: A. Committee recommend that City Council authorize the City Manager to execute a quit claim deed, or such other instrument prepared by Roanoke County and approved by the City Attorney, to donate the 0.19 acre parcel to Roanoke County. Page 2 IV, 1, Benefit to the City will be the straightening of the road to the Carvins Cove reservoir area. 2. CommunitS good will be served. 3. Preparation of le§al documents will be by Roanoke County subject to the approval of the City Attorney and City Engineer. 4. ValleS cooperation will be served. B, Committee recommend that the City Council refrain from donating the land to Roanoke County. 1. Benefit to the City will occur if the County proceeds with the project and Council ultimately authorizes the sale of the parcel. 2. Community good will not be as well served. 3. Preparation of legal documents would need to be decided based on future decisions regarding this project. 4. Valley cooperation will not be as well served. Recommendation - Committee recommend that Council authorize the donation of the 0.19 acre parcel of land to Roanoke County in accordance with Alternative "A". Roanoke County is to be requested to fence or otherwise block the passage of vehicles across the new property line at the con- clusion of the project. KBK:afm Attachments CC: City Attorney Director of Finance City Clerk Water Department Manager Mrs. Sue Palmer Mr. Richard Hamilton July 15, 1986 · Dr. Noel C. Taylor, Mayor City of Roanoke Municipal Building 215 Church Avenue Roanoke, VA 24011 Dear Noel: You are undoubtedly aware of the progress being made by Roanoke and Botetourt Counties to improve the quality of life in the Hollins Community along the road to Carvins Cove. We have begun the first phase of housing rehabilitation efforts and will shortly begin infrastructure improvements for water and sewer. The plan for area improvements also includes the location of a new road between State Routes 1905 and 1890. The right-of-way for this road is projected to be on property owned by the City of Roanoke. Would you consider donating this land to Roanoke County so that we can dedicate the right-of-way to the the State Highway Department? If so, we could utilize grant funds for other public improvement costs in the project area. I will have Mrs. Sue Palmer, Roanoke County's Community Development Project Coordinator, available to work with your staff on this matter. Please advise me as to the feasibility of this concept. Thank you. Sincerely, Alaq H. Brittle Cha i rman TWG/sbo :L ?,,O3 ,~ o0~ = V LAND TO BE ACQUIRED PARCEL NO. 28 October 17, 1986 File #67-80 The Reverend John C. Morrill President Westside P.T.A. 4605 Sloan Road, N. W. Roanoke, Virginia 24017 Dear Mr. Morrill: I am enclosing copy of Resolution No. 28398, expressing appre- ciation to the Wests~de Elementary School PTA for their generous contribution of funds for play equipment at Westside Park, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 13, 1986. Si ncerely, Mary F. Parker, CMC City Clerk MFP:se E~c. Room 456 Municipal Building 215 Church Avenue, S.W. Roclnoke, Vlrginlo 24011 (703)'981-2541 October 17, 1986 File #67-80 Mr. Edwin R. Feinour Chairman Roanoke City School Board 3711 Peakwood Drive, S. ~. Roanoke, Virginia 24014 Dear Mr. Feinour: I am enclosing copy of Resolution No. 28398, expressing appre- ciation to the Westside Elementary School PTA for their generous contribution of funds for play equipment at Westside Park, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 13, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. CC: Mr. Frank P. Tota, Superintendent of Schools, P. O. ~ox 13145, Roanoke, Virginia 24031 Mrs. Elizabeth Alls, Principal, Westside Elementary School, 1441Westside Boulevard, N. W., Roanoke, Virginia 24017 Mr. Carroll Swain, Supervisor, Buildings and Grounds, Roanoke City Schools, P. O. Box 13105, Roanoke Virginia 24031 ' Room456 MunlclpalBuildlng 215C~urchAv~ue, S.W. Roonoke,~rginlo24011 (703)981-2541 October 17, 1986 File #67-80 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 28398, expressing appre- ciation to the Westside Elementary School PTA for their generous contribution of funds for play equipment at Westside Park, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 13, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enco CC: Mr. Jack F. Fordham, 5227-6 King Arthur Court, N. W., Roanoke, Virginia 24019 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. D. Darwin Roupe, Manager, General Services Mr. Jimmie B. Layman, Manager, Parks and Recreation/Grounds Maintenance Mr. Dinesn V. Tiwari, Parks Planner Room456 MunicipalBulldlng 215C~urchAve~ue, S,W, Roc~noke, V~rglnlo24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of October, 1986. No. 28398. A RESOLUTION expressing appreciation to the Westside Elemen- tary School PTA for their generous contribution of funds for play equipment at Westside Park. WHEREAS, the Westside Elementary School PTA has recognized a need for additional outdoor play equipment for the school stu- dents and for children of the surrounding community; and WHEREAS, the Westside Elementary School PTA has.raised $3,000.00 toward the purchase of such equipment and has generous- ly agreed to donate that amount; and WHEREAS, the Roanoke City School Division has also agreed to donate the sum of $7,500.00 for such purpose; and WHEREAS, the City has agreed to make an in-kind contribution in the estimated amount of $7,500.00 toward the design and installation of the equipment; and WHEREAS, this joint effort is a worthwhile and notable example of the cooperation of the public and private sector to meet the needs of the citizens of this City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council hereby extends its sincere appreciation to the Westside Elementary School PTA for its generous contribution which will allow acquisition of play equipment to be enjoyed by youngsters of the present and future generations. 2. The City Clerk is directed to transmit attested copies of this resolution to Rev. John C. Morrill, President, Westside Elementary School PTA, and to the Honorable Edwin R. Feinour, Chairman, Roanoke City School Board. A~rEST: City Clerk. Office of the Council October 27, 1986 Fi 1 e #57 Mr. W. Robert Herbert City Manager Roanoke, Vi nginia Dear Mr. Herbert: For disposition as you deem appropriate, I am attaching copy of a petition signed by 40 residents of the 3000-3200 blocks of Oaklawn Avenue, N. W., requesting that sidewalk, curb and gutter be installed in the three block area, which petition was before the Council of the City of Roanoke at a regular meeting held on Monday, October 13, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. and Mrs. Wayne Roanoke, Virginia D. Merricks, 3105 Oaklawn Avenue, N. W., 24012 I~"n456 MuniclpalBullding 215 Church Av~'~ue, S.W. Roonoke, Vlrglnla2401'f (703)981-254t WE, THE UNDERSIGNED PROPERTY O~/tS OF THE 3000, 3100 AND 3200 BLOCKS OF OAKLA~ AVENUE~ N. W*, ROANOKE, VIRGINIA AND BEING ONE OF THE ORIGINAL STREETS IN THE WILLIAHSON ROAD AREA AND ~HICN IS USED BY CHILDREN ATTENDING SCHOOL AND RESIDENTS OF THE FRIENDSHIP HANOR USING SAME, DO RESPECTFULLY REQUEST THAT ~E jHAYE_SIDEWALKS, ~u~ AND GUTTER INSTALLED IN THIS THREE-BLOCK.SECTiON. THIS PETITION IS IN CONNECTION WITH THE WILLIAI~SON ROAD DRAINAGE PROGRAM. NOTICE: THE FILE REGARDING ORDINANCE NO. 28399-101386 IS MISSING FROM AGENDA FILE FOLDER. Office of the Council October t3, 1986 Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss the acquisition of real property for public purposes pursuant to Section 2.1-344 (a) (6), Code of Virginia (1950), as amended. Sincerely, James O. Trout Council Member JOT:se Room 456 Munlcl!~al Building 215 O'~urch Avenue, S.W, Roanoke, ~rginla 2401 t (703) 981-2541