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HomeMy WebLinkAboutCouncil Actions 08-11-8638278 Bowers REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL August 11, 1986 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. A~ pr~e~. The invocation will be delivered by The Reverend James R. Meador, Jr., Pastor, Riverland Road Baptist Church. Pr~e~. The Pledge of Allegiance to the Flag of the .nited States of America will be led by Mayor Noel C. Taylor. PUBLIC HEARINGS A. Public hearing on the request of Gregory S. and Laura H. Waddy that an unopened alley which separates the north and south portions of their property at 1049 Palmetto Street, N. W., be permanently vacated, discon- tinued and closed. Mr. Terry N. Grimes, Attorney. Adopted Ordinamce No. 28278 (7-0} on firs2 reading. B. Public hearing on the request of the Board of Trustees, Westminster Presbyterian Church in America, that Scotland Street, N. W., a paper sZreet 344.97 feet in length, which fronts the Westminster Presbyterian Church building and dead ends in a proposed circle, be permanently vacated, discontinued and closed. Mr. L. Bane Coburn, Trustee, Westminster Presbyterian Church. Spokesman. Adopted 0rdinamce No. 28279 (7-0) o~ f~rst reading. C. Public hearing on the request of the City of Roanoke that certain tracts of land identified as Official Tax Nos. 7240101 and 7280101, lying within the Roanoke Centre for Industry and Technology on the northerly side of U. S. Route 460, be rezoned from AG, Agricultural District, to LM, Light Manufacturing District. Mr. W. Robert Herbert, City Manager· Adopted Ordinance No. 28280 (7-0) on first reading, D. Public hearing on an amendment to the Fiscal Year 1986-87 Community Development Block Grant budget and Statement of Objectives to the United States Department of Housing and Urban Development (HUD). Mr. W. Robert Herbert, City Manager. Adopted Ordinance Nos. 28281, 28282 and 28283 (7-0). C-1 C-2 C-3 C-4 C-5 CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meeting of Council held on Monday, July 14, 1986. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to oonvene in Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Annual report of the Audit Committee for the year ended June 30,.1986. RECOMMENDED ACTION: Receive and file. A report of the City Manager requesting an Executive Session to discuss the acquisition of real propeFty for plJDlic purposes, pursuant to Section 2.1-344 (a) (2) Code of Virginia (1950), as amended. ' RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss the acquisi- tion of real property for public purposes pursuant to Section 2.1-344 (a) (2), Code of Virginia (1950), as amended. A list of items pending from July 10, 1978, through July 28, 1986. RECOMMENDED ACTION: Receive and file. (2) C-6 Qualification of Von W. Moody, III, as Director of Real Estate Valuation for the City of Roanoke effective August 1 19~6. ' , C-7 C-8 RECOMMENDED ACTION: Receive and file. Qualification of Frederick L. Personnel and Employment Practices three years ending June 30, 1989. Bulbin as a member of the Commission for a term of RECOMMENDED ACTION: Receive and file. Oualifica'tion of John D. Copenhaver as a member of the Roanoke Public Library Board for a term of three years ending June 30, 1989. C-9 RECOMMENDED ACTION: Receive and file. Qualification of A. Byron Smith as a member of the AiFport Advisory Commission for a term of four years ending June 30, 1990. RECOMMENDED ACTION: C-10 Qualification of Fire Appeals for RECOMMENDED ACTION: Receive and file. of Corbin L. Wilson as a member of the Board a term of four years ending June 30, 1990. Receive and file. The City Manager requited an Exec~Lve S~sion to disc~s ~o ma~te~ relating to terms and conditions of a co~tract~ego~iation. REGULAR Hearing of Citizens Upon Public Matters: None· Petitions and Communications: 1. A communication from t~e Industrial Development Authority requesting approval of a plan to assist Orvis, Inc., in financing the acquisition, construction and equipping of an approximately 175,000 square foot warehouse and distribution center (with 20,000 square feet of office space) with related materials handling and office and computer equipment, in the City by issuance of its industrial development revenue bond in an amount estimated at $4,500,000.00. Adopted ~o£u~J~Zon Wo. 2~2~# 17-0). 2. A communication from the Industrial Development Authority requesting approval of a plan to assist FiberCom, Inc., in financing the rehabilitation of and providing of additional equipment at its fiber optics manufacturing facility in the City, by issuance of its industrial development revenue bond in an amount esti- mated at $900,000.00· Adopted ~o£u. tZom No, ~$5 I7~01. (3) A communication from the Industrial Development Authority requesting approval of a plan to assist Save-X, U.S.A., Inc., in amending the Authority's outstanding $450,000.00 Industrial Development Revenue Note, issued August 5, 1981, to finance the cost of a multi-pump fuel dispensing station and convenience food store facility with related computer and modem in the City. Adopted R~olut~on No. 28286 (7-0). A communication from the Industrial Development Authority requesting approval of a plan to assist Advance Stores Company, Incorporated, in financing the acquisition, construction and equipping of an approxi- mately 150,000 to 175,00U square foot warehouse and distribution center with related materials handling and other equipment in the Cit~, by issuance of its industrial development revenue bond in an amount esti- mated at $5,000,000.00. Adopted ResoBu~Lon No. 28287 (7-0). 5. Communications from Robert E. Glenn, Attorney, transmitting Resolutions requesting additional bond issuing authority from the State Reserve for Orvis, Inc., FiberCom, Inc., and Advance Stores Company, Inc. Adopted Resolution'No. 28288 (7-0). 6. A report of the City Manager recommending that the State Reserve be requested to fund projects for Advance Stores Company, Inc., Orvis, Inc., and FiberCom, Inc., and that the request of Save-X, Inc. and Colonial American National Bank to amend the terms of the Note issued on August 5, 1981, be approved. Conc(.m~ted in recomm~nd.a~JZon. Reports o f Officers: a. City Manager: Briefings: 1. A report with regard to the Five-Year Capital Improvement Program. Concu~d in City M~nager's recommenda~x'on. Items Recommended for Action: A report with regard to the sale of certain land at the Roanoke Centre for Industry and Technology to Orvis, Inc., or a related company specifically formed to do business in Virginia. ~ZT~PRA~N A report with regard to continuation of a roadway system at the Roanoke Centre for Industry and Technology. WIT~PRA~N (4) 4. A report recommending authorization to execute a contract with GRTC and CSS Partnership to make available up to 100 parking permits in the Municipal Parking Garage and the Campbell Court Parking Garage to accommodate expected demand to be generated by renova- tion of the former Miller & Rhoads Building at Campbell Avenue and First Street, S. W. Adopted Ordi~znce No. 28289 (7-0). 5. A report recommending acquisition of twenty-four pro- perties between the westerly boundary of Washington Park and loth Street, PI. W., for the Lick Run dry basin, in order to retain storm water when necessary. Adopted Ordinance No. 28290 and Ordinance No. 28291 (7-0). 6. A report recommending that funds received from the United States Department of Agriculture be appropriated to the Crisis Intervention Center, Juvenile Probation House, and Juvenile Detention Home, to De used for their respective food service programs Adopted No. 28292 [7-0). ' Reports of Committees: a. A report of the Water Resources Committee recommending that Roanoke County ano the City of Salem be informed by resolu- tion of the intention oi~ the City to participate in the development of an expandable 18 million gallons per day safe yield raw water withdrawal and storage facility at Spring Hollow, under certain conditions. Mrs. Elizabeth T. Bowles, Chairman. Adopted Re~oZuY, Lon NO. 28293 (7-0). b. A report of the Water Resources Committee recommending t~e assignmen.t of the lease of Magna Photo, Inc., for space in the Market Square Parking Garage, to Roanoke Photo Associates. ~Irs. Elizabeth T. Bowles, Chairman. Adopted Ordinance No. 28294 (7-0} on first reading. c. A report of the Water Resources Committee recommending the transfer of title to certain surplus City-owned property located at Wise Avenue and Booker Avenue Dy gift to the Town of Vinton. Mrs. Elizabeth T. Bowles, Chairman. Adopted Ordinance No. 28295 (7-0) on fi~t reading. d. A report of the Water Resources Committee recommending the acquisition of certain property on Dogwood Lane, S. being Lot 4, Subdivision from Tommy Joe and Kathy Ann Williams, for the sum of $8,500.00, and that funds be transferred therefor. Mrs. Elizabeth T. Cowles, Chairman. Adopted Ordinance No. 28296 (7-0) and Ordinance No. 28297 17-0). e. A report of the Water Resources Committee recommending the sale of certain surplus City-owned property, being a part of Lot 9, Block 3, Bolling Addition, Official Tax No. 4140801, to Mr. and Mrs. Dan T. Read for $100.00. Mrs. Elizabeth T. Bowles, Chairman· Adopted Ordinance No. 28298 I7-0) on first reading. f. A report of the Water Resources Committee rcommending that a conditional permit be issued for the continued encroach- ment of a fence into the alley behind 514 Woods Avenue, S.W. Mrs. Elizabeth T. Bowles, Chairman. AdoptcdOrd~Lnance No. 28299 (7-0) on 5~t ~ead~Lm9. (5) g. A report of the Water Resources Committee recommending that a conditional permit be issued for the continued encroach- ment of a fence into the right of way of Fifth Street, S. W., beside 502 Woods Avenue, S. W. Mrs. Elizabeth T. Bowl es, Chairman. Adopted Ordinance,No. 28300 (7-0) on f~t reading. h. A report of the committee appointed to tabulate bids received for rehabilitation of the Fifth Street Bridge over N & W Railway, recommending that a contract be awarded to H & S Construction Company in the sum of $78,080.00, with a contingency of $8,000.00. Mr. Robert A. Garland, Chairman. Adopted Ordinance Nos. 28301 and 28302 (6-0, Mr. Trout a§stained from voting). i. A report of the committee appointed to tabulate bids received for replacement of the Mason Mill Road Bridge over Tinker Creek, recommending that a contract be awarded to g' iegheny Construction Company, Inc. in the sum of $486,653.00, with a contingency of $40,000.00. Mr. Robert A. Garland, Chairman. Adopted Ordx~nance No. 28303 and O~dx]nance No. 28304 /7-0). j. A report of the committee appointed to tabulate bids received for the Franklin Road water line, recommending that a unit price contract be awarded to Dixon Contracting, Inc., in the amount of $140,671.00, with a contingency of $14,000.00. Mr. Robert A. Garland, Chairman. Adopted Oadinamee No. 28305 and Ordinance No. 28506 (7-0). k. A report of the committee appointed to tabulate bids received for the Franklin Road booster pumping station, recommending that a unit price contract be awarded to Structures and Utilities Co., Inc., in the amount of S169,559.00, with a contingency of $16,000.00. Mr. Robert A. Garlapd, Chairman. Adopted Ordinance N~. 28307 and Ordinance No. 28308 (7-0). ). A report of the committee appointed to tabulate bids received for the Franklin Road water tank ~1, recommendin§ that a unit price contract be awarde~ to Fisher Tank Company, in the amount of $226,700.00, with a contingency of $22,000.00. Mr. Robert A. Garland, Chair,nan. Adop~e~ Ordimance No. 28309 and O~dinance No. 28310 (7-0), Unfinished Business: None. Introduction and Consideration of Ordinances and Resolut ons: Ordinance No. 28259, on second reading, amending and reor- daining paragraph (al of §19-45, License tax categories and rates, Code of the City of Roanoke (1979), as amended, to divide the retail sales license tax category into two sub- categories consisting of mail order distribution centers and all other retail sales; establishing rates for each subcategory; and providing for an effective date. Adopted Ordinance No. 28259 (7-0). (6} 10. b. A Resolution postponing the meeting of the Council of the City of Roanoke scheduled for Monday, September 22, 1986, at 2:00 p.m., to Thursday, September 25 1986 at 2:00 p.m. Adopted Resol~on No. 28311 17-0). ' ' Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and members of City Council. D. Vacancies on various authorities, committees appointed by Council. Other Hearings of Citizens: Appoimted Economic Development Commdssion: Noel C. Taylor - 3 ye~ James O. Tront - 3 ye~s W. Robert Herbert - 3 yea~ Brian J. Wishneff - 3 uea~ B. T. Fltzpatrick, Jr. - 3 ye~$ Stagey R. Ha~ - 3 years C~ton R. Sa~ - 3 year~ L. Graham Hay~e - 2 years Jack C. Smith - 2 years Wll~ F. Hawkins - 2 year~ Robert C. Lawson, Jr. - I year Robeat D. Obey - I year Jane B. Bulki~ - ~ yea~ Mr. Trout ~ d~ignated as Chax~man. boards, commissions and (7) Office of ~he Q~/Qe~k August 14, 1986 File #200~236 Mr. t,l. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28283, approving the amend- ment of the 1986-1987 Community Development Block Grant Program of the City to provide for the creation of a short-term loan program for economic development or housing projects, which Ordinance was adopted Dy the Council of the City of Roanoke at a regular meeting held on Nonday, August 11, 19~6. Sincerely, ?ary F. Parker, CHC City Clerk I,~FP:se Enco cc: Mr Mr Mr Mr Mr Ms Chief of Wilburn C. Dihling, Jr., City Attorney Joel M. Schlanger, Director of Finance William F. Clark, Director of Public ~orks Charles H. Huffine, City Engineer Brian j. Wishneff, Chief of Economic Development and Grants Marie T. Pontius, Grants Monitoring Administrator Community Planning Room 456 Municll:x31 Building 215 Church Avenue, S.W. Roanoke, Vlrginio 24011 (703) 981-254"1 IN THE COU~]CIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1986. No. 28283. AN ORDINA2]CE approving the amendment of the 1986-1987 Community Development Block Grant Pro~ram of the City to provide for the crea- tion of a short-term loan program for economic development or housin~ projects; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that. 1. The City's 1986-1987 Community Development Block Grant Program is hereby amended to provide for the creation of a short-term loan program for economic development or housing projects as described in the City Manager's report to Council dated August 11, 1986, provided, however, that each and every loan made pursuant to any such pro,ram shall be approved by City Council after receiving a full report relat- ing thereto from the City Manager setting forth in detail the terms and conditions of such loan, which terms and conditions shall have been negotiated by the City Manager subject to Council approval. 2. In order to provide for the usual daily operation of the ~ni- cipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. 0~¢~ o~ fn~ O~y O~ August 14, 1986 File ~200-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28282, approving amendment of the 1986-1987 Community Development Block Grant Program of the City to provide for additional funds in the amount of $264,000.00 received pursuant to the 1986 Urgent Supplemental Appropriations Act; and authorizing the execution and filing of certain docu- ments relating thereto, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, Mary F. Parker, CrlC City Clerk MFP:se Eric . 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. Brian J. Wishneff, Chief of Economic Development and Grants Ms. Marie T. Pontius, Grants Monitoring Administrator Chief of Community Planning Room 456 Municll:~al Buildlnc~ 215 O~ur~ Avenue, $.W. Roonoke, Vlrglnlo 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The llth day of August, 1986. No. 28282. VI I~INIA, AN ORDINANCE approving amendment Development Block Grant Program of tional funds in the amount of 1986 Urgent cution and for of the 1986-1987 Community the City to provide for addi- $264,00.00 received pursuant Supplemental Appropriations Act, authorizing the filing of certain documents relating thereto; and an emergency. to the exe- proviOing BE IT ORDAINED by the Council of the City of Roanoke that; 1. The City's 1986-1987 Community Development Block Grant Pro- gram is hereby amended in order to fund site improvements at the Roa- noke Centre for Industry and Technology in the amount of $264,000.00, such additional funding having been provided the City pursuant to the 1986 Urgent Supplemental Appropriations Act. 2. The City Manager is hereby authorized to execute and file with the United States Department of Housing and Urban Development (HUD) an amended Grant Agreement and Funding Approval relecting the amendment authorized hereby, and to furnish HUD with any additional information or assurances required in relation thereto. 3. In order to provide for the usual daily operation of the muni- cipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. August 14, 1986 File #60-200-236 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28281, amending and reor- daining certain sections of the 1986-87 Grant Fund Appropriations, to provide for designation of funds in connection with an amendment to the Fiscal Year 1986-87 Community Development Block Grant budget for short-term construction finan- cing for economic development or housing projects, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Honday, August 11, 1986. Si ncer el y, Hary F. Parker, C~IC City Clerk MFP:se Eric. cc: Mr. i'1 r. H. Robert Herbert, City Manager Hilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Horks Mr. Charles M. Huffine, City Engineer Mr. Brian J. Wishneff, Chief of Economic Development and Grants Ms. Marie T. Pontius, Grants Monitoring Administrator Chief of Community Planning Room 456 Munlcil:x~l Building 2t5 (~urch Avenue, S.W. Roonoke, Vl~lnla 240t I (703) 981-254"1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1986. No. 28281. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1986-87 Grant Fund Appro- priations be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Community Development Block Grant (FY86-87) $2,140,000 Economic Development (1) ............................ $1,208,278 Revenue Community Development Block Grant (FY86-87)(2) ........ $2,140,000 (1) Site Imprv. - Roanoke Center for Industry & Technology (2) CDBG Entitlement Rev. B-86-MC-510020 (035-086-8630-5149) (035-035-1234-8701) $264,000 264,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Attest: City Clerk. Roanoke, Virginia August 11, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Amendment of 1986-87 Community Development Block Grant Program and Budget to Provide for Unexpected Revenues Dear Members of City Council: I. Background: A. City currently has 24 CDBG projects in its 1986-87 budget totaling $3~022,726 in federal funds from following sources: 1. CDBG Entitlement 1986-87 2. Projected Program Income 3. Funds Carried Over from Previous Years $1,283,000 593,000 1,146~726 $3,022,726 New allocation from HUD of $264~000 will bring 1986-87 CDBG entitle- ment to $1,547,000, raising total revenue available to $3~286,726 (see attached letter). Cit~ must amend its CDBG Grant Agreement with HUn in order to spend the $264,000 new allocation. II. Current Situation: Two firms~ Advance Stores Compans~ Inc., and Orvis, Inc., have expressed an interest in locating in Roanoke Centre for Industry and Technology. Honorable Mayor and Members of City Council Page 2 B. Site preparation costs are projected at $245,000 plus $19~000 con- tingency, for a total of $264,000. III. Issues: A. City development objectives 8. Federal regulations C. Fundin9 D. Timin9 E. Citizen participation requirements IV. Alternatives: Ae Authorize City Manager to amend 1986-87 CDBG program and appropriate $264,000 to fund site improvements at Roanoke Centre for Industry (see attached for summary of proposed project and amended section of CDBG Statement of Objectives). City development objectives would be achieved by the sale of pro- perty in Roanoke Centre and by the creation of new permanent jobs at the Centre. Honorable Mayor and Members of City Council Page 3 Federal regulations would be met by the funds benefiting low and moderate income people through the provision of permanent jobs. Other federal regulations such as the use of Davis-Bacon wages would be monitored throughout the project by the City's Office of Grants Compliance. Funding is available through new allocation of $264,000 CDBG funds to the City from HUD. Timing is important since City's Engineering Department plans to advertise for construction bids for site work on August 15, 1986. Citizen participation requirements have been met by public hearing held this evening. Do not authorize City Manager to amend 1986-87 CDBG program and do not .~ppropriate $264,000 to fund site improvements at Roanoke Centre for Industry. ~ity development objectives could be jeopardized as far as the Orvis, Inc., project is concerned. Other uses for the $264,000 would have to be determined. 2. Federal regulations would not be an issum until alternative uses for the funds are determined. Honorable Mayor and Members of City Council Page 4 3. Fundin9 would not be an issue although the City cannot spend the new funds until the CDBG Grant Agreement is amended. 4. Timing would be a problem with the Orvis project. 5. Citizen participation requirements would have to be met before the City could amend the CDBG budget for an alternative project. V. Recommendation: City Council concur in Alternative "A" which will Authorize the City Manager to amend the 1986-87 CDBG program and appropriate $264~000 to an account established by the Director of Finance to fund site improvements at Roanoke Centre for Industry and Technology on City-owned land. Respectfully submitted, W. Robert Herbert City Manager WRH:MTP:mds Attachment CC: City Attorney Director of Finance Director of Public Works Chief of Economic Development & Grants Chief of Community Planning City Engineer Grants Monitoring Administrator SUMMARY OF PROJECT Name of Activity: Location: Citizen Participation: Type of Activity: Broad National Objective: Roanoke Centre Site Preparation Roanoke Centre for Industry and Technology Route 460 East, Roanoke Public hearing conducted during City Council meeting on August 11, 1986. Site preparation construction work carried out by recipient (City of Roanoke) in support of economic development activities. 24 CFR 570.203(a) Benefit to low and moderate income persons through the provision of new permanent jobs. The portion of the City's CDBG Statement of Objectives for FY 1986-87 to be amended shall read as follows: (p.8) II. Philosophy of City Council: Council works to minimize the tax burden on home owners by increasing business revenue to the City through business development. A. GOAL: The community will be economically stable and fiscally indepen- dent. 1. OBJECTIVE: 100% of CDBG contractual commitments for development ~eto ACTIVITIES: a. Coca-Cola Section 108 Loan Payment ($529,873) b. Shaffer's Crossing 108 Loan Interest ($53,000) OBJECTIVE: Fifty (50) existing or new businesses will locate, remain and/or expand in the City. ACTIVITIES: a. Henry Street Revival ($830~000) b. Deanwood Business Park Expansion ($100,000) c. Revitalization Program Support ($95,080) Roanoke Centre Site Preparation ($264,000) - Site preparation work consisting of grading and utility installation at Roanoke Centre for Industry and Technology in support of new permanent jobs to be created by Orvis, Inc. U.S. Department of Hou.ing and UH~n I)e~elopme~ Richmond Office, Region III 701 Fast Franklin S~'eet Richmond, Virginia 23219-2591 J/II 2s . Mr. W. Robert H,=rt'~..rt City of Roanoke 215 Church Aven~e, $.W., ~oanoke, VA 24011 MrS:2 This letter transmits to you an amer~a~nt increasing the Fiscal Y~ 1986 C~,,Lunity Develo~,~nt Block Gra~t (C~.) Entitlement amount for Roanoke f~'~Ll $1,283,000 to $1,547,000. This increase is a result of enactment of the Urgent Supplemental Appropriations Act, 1986 ,. which includes a provision disapproving the defe~z=l of $500 million in CDBG funds. In order to amend your Letter of Credit to reflect this incr~-~ed 9z~nt, it will be necessary for you to e~ecute and return t~o co~ies of the e~closed Grant Agreement and Funding Approval (~3-7082 and HUD 7082.1), which constitute an amendment to the c~ntract between the Depa~:.L=nt of Housing and Uzban Develop- ment and Roanoke. If citizens in your oaa%smnity have not as yet had an opportunity to cc~L,l~nt on how this ~itienal grant ~a~unt will be used, the following public participa- tion re~,~nts must be met before any of tb~ additional 9£~nt funds are obligated or expena~. 1. Citizens shall be provided with reasonable notice of, and opportunity to c~,L~nt on, the proposed use of such funds; The grantee shall C(X,.si,'l,='r' any such c~,,ents and, if deemed appropriate by the grantee, modify the p~uposed use of such funds; The grantee shall suhnit to HUD an ~t to the final statement describing the use of such funds and shall make the amendlm~nt available to the public. Please note that these requirements are incl;~ as a special condition to the grant in It~n 13 of the Fun~!ng Approval. A question that is frequently asked is whether public hearings nust be held to obtain citizen c~,,~nts on the use of funas. ~b_tle grantees may choose to hold o~e or more public hearings, such hearings are not re~,~ed for this purpose. Other means may be used to provide citizens with an opportunity to c~,~nt on the proposed use of the additional funds. 2 If your citizens have alr~ay bee~% provided with an opportunity to co~/~t on the use of the additional grant funds, then you may ~ln~dy have satisfied the first two provisions of the special conditic~ to the grant. In any event, please ensure that ~ch of the public participation requ~.~ts described in It~ 13 has been m~t before any of the ~_ional grant funds are obligated or expended. If you have any questic~s in connection with this letter, please contact Ms. Alwyn Jennings of this Office at (804) 771-2986. G. William Th~nas, Jr. Manager, 3.4S Mrs. Marie Pontius Grants F~litoring Adatinistrator Roanoke, Virginia August 11, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Amendment of 1986-87 CDBG Program and Budget to Provide Short- Term Construction Financing for Economic Development or Housing Projects Dear Members of Council: I. Background: A. City currentlx has available in CDBG budget $3~286~726 for implement- ation of 24 community development projects. 1. CDBG entitlement funds are awarded every year on or before July 1, in a lump sum amount through letter of credit. 2. City expends on average approximately $200,000 per month for pro- jects and administration. Potentially large pool of funds ($1.5 - $1.9 million) is availabln to City for short-term financing of community and economic development projects by using idle CDBG funds. This is a potential source of additional revenue to the City through earned interest. Funds advanced would be repaid to the City in time for use by origi- nally intended projects and be secured by letter of credit or legal contract as binding as letter of credit. D. HUD encourages this use of CDBG funds because it maximizes the de- velopment power of increasingly limited funds. Honorable Mayor and Members of City Council Page 2 e Projects must be CDBG-eligible (i.e., benefit low or moderate income persons, eliminate slums and blight, or address an emergency need). Project must be included in HUD approved CDBG program either through original Statement of Objectives (application) or Amendment. City can establish both a short-term housing loan progam and a short-term economic development loan program. One program cannot cover both categories, but City could establish two programs. E. Citizen participation requirements are satisfied by public hearing held before Council tonight. II. Issues: A. Benefit to City B. Risk C. Impact on other CDBG projects D. Compliance with federal regulations E. Legal F. Timing G. Funding Honorable Mayor and Members of City Council Page 3 III. Alternatives: Authorize City Manager to amend 1986-87 CDBG program and designate $1,000~000 to provide for creation of short-term low-interest loan program as an incentive for economic development or housing. Benefit to City would be great, among which would be new permanent jobs for low and moderate income people or rehabilitated housing for low and moderate income people. Additionally, the City could receive approximately $15,000 - $20,000 in interest on such loans which could be used for other CDBG-eligible projects. Risk would be minimal since a designated bank would agree to pro- vide financial guarantees through contract or letter of credit. Repayment to City would actually be in form of a draw from the bank. Impact on other CDBG projects would be unnoticeable. After reaching a $600,000 buffer amount in grant accounts, City would draw funds on demand from the designated bank. Bank would convert payment to a loan between bank and developer. City's drawdowns from bank would continue until loan plus interest was paid back. Therefore, delays in construction by the developer would not delay repayment of loan. Compliance with federal regulations would be met. Projects would be eligible because of number of jobs to be created for low and moderate income people or housing to be provided for low and Honorable Mayor and Members of City Council Page 4 moderate income people. Use of federal funds in construction will trigger regulations such as Davis-Bacon wages. Compliance with these regulations will be monitored throughout project by City's Office of Grants Compliance. Legal issues will be addressed by a three-party agreement among the City, developers, and designated bank. Agreement to be writ- ten and negotiated by City Attorney. Specific project agreements will be brought to City Council for approval. Timin~ is crucial since the City has received inquiries from several developers who want to begin construction in mid September. 7. Fundin~ is available through CDBG "float" provisions of City's CDBG entitlement. Do not authorize City Manager to amend 1986-87 CDBG program and do not designate $1,000,000 for short-term loans to developers for economic development or housing. Benefit to City would be jeopardized if developers in question could not put together attractive financing permitting construc- tion in Roanoke. Earned interest income benefit to the City would also be lost. 2. Risk would not be an issue. 3. Impact on other CDBG projects would not be an issue. Honorable Mayor and Members of City Council Page 5 4. Compliance with federal regulations would not be an issue. 5. Legal issues would not exist. 6. Timing would be more of a problem if alternative financing has to be obtained for developers considering projects in Roanoke. 7. Fundin~ would not be an issue. Recommendation: Recommend City Council authorize City Manager to amend 1986-87 CDBG program and recommend City Council designate $1~000,000 to provide for creation of a short-term loan program for economic development or housing IV. projects. WRH:MTP:mds cc: City Attorney Director of Finance Director of Public Works Chief of Economic Development & Grants Chief of Community Planning City Engineer Grants Monitoring Administrator Respectfully submitted, W. Robert Herbert City Manager From Pails 81 Dalton met with then-Western Electric President Donald Prock- now and other company officials durk · an industrial development trip W, New York in November 1979. The ,p, lunt opened in September 1980. This lsa significant develop- ment for the economy of the Eadford area," Dalton said when Western Electric announced plans to locate in Falrlawn. Dalton tried a similar but un- sucoessfnl move in July 1981. Offi- cinls of Timkun Co. were constde .r.i~..g building a $500 million steel plant in Montgomery County. Dalton visited Timknn officials at their company headquarters in Ohio and later played host to the officials at his Hadiord home, flying them, in by s~te police helicopter. Re didu t let anything stop nority leader while Dalton w ~ ' eruor. "There wasn't anythiut that he thought couldn't be accom- plished.'' Geisler, also a Eepublican, cam- pnlined with Dalton in the mid 196ils. lie recalled driving up to n co~untry store in Carroll County dur- Ing a cem~P~,gn. . ,. ~ "! said, You ~lun t necu to stop here," Geisler said. ' 'The fellow in there is a Democrat. Never voted for a Republican. And probably never will in his life.'" Dalton would not be deterred. And when they left, "Well, he ma,y, have voted for John and me both, Geisler said. Dalton played foothall, baseball and basketball at Radferd liigh I "lie olaved football just like Schoo .... , te He was a battler, he ran the sta . said Fred McCoy, Dalton's coach. "One time as quarterback of the IV squad he took a game upon hi_'_mseli and started to run the bali. lie got beat up pretty bad. In fact, that's how he broke his nose. But I never saw a happier kid after we won the Radford, said the fact that Dalton finished five years of high school In four years tells of his determination. Dalton was a caring, personable stu- dent, who had "his sights set on the; future." Geisler said that from the first time he met Dalton, "he knew hew wanted to be governor." Some information'for this story was contributed by Eric Randall. Clifton Forge council OKs borrowing to meet payroll ununmionsly, requires the city ~Lr.~ Shenandoah bureau pay the money in 90 days or l · Council plans a special meeting CLIFTON FORGE -- City Council Wednesday afternoon authO- rized the berrowin.g o,f $60,000 for immediate munimpa~ obligations and prepared to borrow an addition- al $$00,000. · City Manager Ro. ge[.Baker_,s~,i_d_ after the meeting mat rue sma~m~ loan is neeeasary to allow.the city to meet ils payr.oll ~ F.n.?aY;.e cit" Baker smd that wlUle m y has had to borrow money before, doing se has not been neeesearYt~d early in the fiscal year: He ul expenses caused by last November's flood as the reason for the cash shortfall. The resolution, which passed Monday to conduct the second read- ing of the $300,000 loan proposal TWO readings are reqnlr.~, by Sv~n~ law before enactment of uorrow proposals. At a Tuesday night meetin{, City Council chose not to take part la the self-insurance pr .o~r. ar.a..rec, e.n_tl_~, set up by the Virginia ~umc~p~ Lee~ue. Clifton Forge would bav~ paid just Over $74,000 annually un- der the VIVIL proposal. . Baker said Wednesuay council's choice mcaas the city will have no general liability insuranea -- but Clifton Forge has carried bility insurance only sinCe March 1, 1984 anyway. NOTICE OF PUBLIC HEARING ' BEFORE THE ROANOKE CITY cOUNCIL . The Roanoke City Council will hold a public hearing on Monaay, August 11, 1986, at 7:30 p.m., ~r as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, in order to consider an amendment to the Fiscal Year munitv Development Block Grant budget and State- 1986-1987 Corn - ,-,,--, ~+ates Denartment of Housing and ment of Objectives to the uu t~u ~,~ ~ Urban Development (HUD). On August 25, 1986, the City of Roanoke will submit to HUD an amendment to the City's statement of community development objec- tNes for fiscal year July 1, 1986, through June 30,1987. This amend- 'nent consists of two activities. The first proposed activity is the use of $264,000 for site improvements to support new iow to moderate income jobs at Roanoke Centre for Industry and Technology on Route 460 East. The proposed second activity is a program to provide short-term, Iow interest loans up to $1,000,000 to support economtc development in the City of Roanoke. This loan program also will benefit iow to moderate income persons through the creation of new jobs. More details of the proposed activities and environmental assesS- ments are available in the City Clerk's Office, Room 456, or the Office of Grants Compliance, Room 362, Municipal Building, 215 Church Roanoke, phone 981-2141. Fall Ja .ckets & Blaz Sk,rts & pan ' Sweaters & Sizes Ms. 101 MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE O~ce of ~he M~.,or August 11, 1986 Honorable Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session on Monday, August 11, 1986, to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Si ncerely, oel C.~aylor Mayor NCT:js Room 452 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2d-!~. O~:e of ~he Q~y Clerk August 14, 1986 File #109-300 Mr. James G. Harvey, Chairman Audit Committee Roanoke, Virginia II Dear Mr. Harvey: An annual report of the Audit Committee for the year ended June 30, 1986, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. On motion, duly seconded and unanimously ado~ted the report was received and filed. ' Sincerely, Mary F. Parker, CtlC City Clerk MFP:se cc: Mr. William L. Brogan, Municipal Auditor Room 456 Municipal Building 215 ~urch Avenue, S.W. I:kxInc:~, Vlrglnia 24011 (703) 981-2541 Office of the Council James G. Harvey, IT ¢ouncihuan August 1, 1986 Honorable Mayor and City Council Roanoke, Virginia SUBJECT: Annual Report of the Audit Committee of Roanoke City Council The purpose and function of the Audit Committee as stated in the City Code is: "The audit committee shall act in an advisory capacity to the council, the municipal auditor, the director of finance and the city manager in matters relating to the city's financial records and to that end shall have the right to have immediate access to all records and reports relating to financial matters and transactions of the city or of matters and things affecting such financial records. The council, any member thereof, the municipal auditor, the director of finance and the city manager shall have the right to consult with and seek the advice of the audit committee on matters relating to the city's financial records, but neither the committee nor any member shall have authority to act for or to bind the city council, unless expressly authorized so to do by ordinance or resolution of the council." During the year ended June 30, 1986, the committee held 2 regular meetings. Each member's attendance was: Member Meetings Attended Meetings Absent Elizabeth Bowles 1 1 David A. Bowers 2 0 James G. Harvey, II 1 1 Howard E. Musser 2 0 Noel C. Taylor 2 0 James O. Trout 1 1 Room 456 Municipal Building 215 (~urch Avenue, SW. Roono~e, Virginia 24011 (703) 981-2541 Annual Report -2- August 1, 1986 The following is a summary of the committee's activity during the year: · Reviewed and concurred with the annual plan presented by Peat, Marwick, Mitchell & Co. · Reviewed and concurred with the Municipal Auditor's annual audit plan. · Reviewed the independent accountant's report with representa- tives from Peat, Marwick, Mitchell & Co., and City officials. · Reviewed the internal audit reports with the Municipal Auditor and City officials. · Advised the Council on the actions needed to implement the matters considered at the committee's meetings. · Furnished a copy of the minutes of each committee meeting to City Council and City officials. Respectfully, J Harvey, II Chairman, Audit Committee Roanoke, Virginia August 11, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: This is to request two executive sessions on Council's agenda on Monday, August 11, 1986, pursuant to Section 2.1-344(a)(4), Code of Virginia (1950), as amended, to discuss terms and conditions of a contract under negotiation. Respectfully submitted, City Manager WRH:mp Pending Items from July 10, 1978, through July 28, 1986. Referral Date Referred To Item 7/10/78 City Manager 12/19/83 City Attorney (Electoral Board will request a legal opinion from the Attorney General.) 3/18/85 4/1/85 Commissioner of Revenue Director of Real Estate Valuation City Manager Director of Finance City Manager City Attorney Director of Finance Commissioner of Revenue 5/6/85 City Manager 8/12/85 City Manager 8/12/85 City Manager (1) Recommendation No. 11 contained in the Mayor's 1978 State of the City Message. (Development of Mill Mountain - hotel.) Communication from David A. Bowers, Chairman, Roanoke Democratic Party, transmitting certain recommended changes in the present voting precincts, to be made effective after the City Council elections in the spring of 1984 and before the general elections in the fall of 1984. Matter of biennial real estate assessments as requested by Concerned Citizens and Taxpayers of Roanoke, Inc. Request to study a property tax scheme used in Harrisburg, Pennsylvania, to investigate legality of same in Virginia, and to advise Council if beneficial to the City. Communication from Vice-Mayor James G. Harvey, II, in regard to a Sister City relationship with Asheville, North Carolina. Mayor's State of the City recom- mendation No. I - establishment of a working relationship with the volunteer rescue squads and the Roanoke Historical Society for the purpose of establishing a museum and national headquarters for volunteer rescue squads in the City. Mayor's State of the City recom- mendation No. 6 - invitation to Roanoke County to join the City in development of a joint study to be conducted by a specialist firm to determine economic impact resulting in consolidation of the two jurisdictions. Pending Items from July 10, 1978, through July 28, 1986. Referral Date Referred To Item 8/12/85 City Manager 1/6/86 City Manager City Attorney 3/3/86 3/17/86 Howard E. Musser Laddie Fisher Richard S. Thomas Member - Salem Vietnam Veterans Chapter No. 14 Member - Roanoke Science Museum City Manager 6/2/86 City Manager 6/2/86 6/23/86 City Manager Commissioner of Revenue City Treasurer City Manager 7/28/86 Robert A. Garland Kit B. Kiser William F. Clark Matters from Concerned Citizens and Taxpayers of Roanoke, Inc., regarding contract assessors in the reassessment process, and, Design '85. Matter with regard to zoning in Old Southwest section of City with request for a report in con- junction with recommendations for implementing certain phases of a study prepared by Buckhurst, Fish, Hutton & Katz relating to zoning and development control within Old Southwest. Request of the Salem Vietnam Veterans Chapter No. 14 of the Disabled American Veterans to establish a permanent memorial to the brave men and women involved in the Space Shuttles Challenger and Gemini tragedies. Request of Council member Trout for information on amount of funds expended by the City on rental or lease agreements for firehouse since the 1976 annexa- tion. Request to investigate and report on illegal parking in designated handicapped parking spaces throughout the City. (Interim report submitted July 28, 1986.) Request to investigate and make recommendations on the procedure to obtain City decals. Matter regarding distribution of cheese and butter to elderly per- Sons. Bids for storm drain relocation, Exxon Roanoke Terminal. (2) Pending Referral Date 7/28/86 7/28/86 Items from July 10, 1978, through July 28, 1986. Referred To Item Robert A. Garland George C. Snead, Jr. William F. Clark Bids for flood damage repair, brick picnic shelter in Wasena Park. Robert A. Garland George C. Snead, Jr. William F. Clark Bids for Roanoke Sports Complex, Maher Field improvements. (3) git ~ Oa~h or Affirmation of Office ~ o~ ~ir§i~ia, Cit~ o] Roa~ol~e, to Von W, Moody, III _, do solemnly swear (or ~ffinn) that I, I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me DirectOr of Real Estate Valuation for the City of Roanoke effective August 1, 1986, ,, Deputy~ ( Clerk August 14, 1986 File #15-202 Mr. Eric C. Turpin Manager, Personnel Roanoke, Virginia ~lanagement ~lear Mr. Turpin: This is to advise you that Frederick L. 8ulbin has qualified member of the Personnel and Employment Practices Commission term of three years ending June 30, 1989. as a for a Sincerely, Mary F. Parker, CMC City Clerk HFP:se Room 456 Municipal Building 215 O~ue:h Avenue, $.W. Roonc~e, Vlrginlo 24011 (700) 98"1-2541 Q-2 Oath or Affirmation of Office State o] Virginia, Cit~ o] Roanoke, to.wit: , do solemnly swear (or a~rm) ~t I will sUp~rt the Constitution of the United States, and the Constitution of the $tate of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me aa according to the best of my ability. So help me God. Subscribed and before sworn to me, this~% July 2, 1986 File #15-202 Mr. Frederick L. Bulbin 2620 Richelieu Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Bulbin: At a regular meeting of the Council of the City of Roanoke on ~onday, June 23, 1986, you were reelected as a member of the Personnel and Employment Practices Commission for a term of three years ending June 30, lg89. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may De administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return the Oath of Office to Room 466 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. Eric C. Turpin, Manager, Personnel Management Room456 MunlclpalBuitding 215 C~urch Avenue, S.W.l~:~nc~e, Vlrginia240~l,I (703)98t-2541 COMMONWEALTH OF CITY OF ROANOKE VIRGINIA ) ) To-wit: ) I, Mary F. Parker, Council of the City of do hereby certify that City Clerk, and as such City Clerk of the Roanoke and keeper of the records thereof, at a regular meeting of Council held on the 23rd day of June, lg86, FREDERICK L. BULBIN was reelected as a member of the Personnel and Employment Practices Commission for a term of three years ending June 30, 1989. Given under my hand and seal of the City of Roanoke this 3rd day of July, 1986. City Clerk August 14, 1986 File #15-323 Mrs. Elizabeth B. Watts Chairman Roanoke Public Library Board 1272 Rockland Avenue, N. W. Roanoke, Virginia 24012 !lear Mrs. Watts: This is to advise you that John D. Copenhaver has qualified as a member of the Roanoke Public Library Board for a term of three years ending June 30, 1989. Sincerely, Mary F. Parker, CMC City Clerk MFP:se cc: Mr. Alfred T. Hhitelock, Jr., Manager, Libraries Room456 MunlcipalBuildlng 215 0hurch Avenue, S.W.l~oanc~e, Virglfllo24011 (70~)981-254'1 Oafh or Affirmation of Office State o~ Firginia, Uit~ of Roanoke, to .~it: I, __ ~C,~,~, D. C~,~T,,~,.~_--~Z , do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that ! will faithfully and impartially discharge and perform all the duties incumbent upon me as__~_ member o£ the Roanoke Pul~lic Library Board for a term of three years ending June 30, 1989. according to the best of my ability. So help me God. Subscribed and Sworn to before me, thls.~ 7~_dBy of _ ~,,1 .. n ~n~ ~ P Y Clerk Office cfi the Ci~y Oe~ July 2, 1986 File #15-323 Mr. John D. Copenhaver 9310akwood ~rive, S. ti. Roanoke, Virginia 24015 Dear Mr. Copenhaver: At a regular meeting of the Council of the City of Roanoke on Monday, June 23, 1986, you were reelected as a member of the Roanoke Public Library Board for a term of three years ending June 30, 1989. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return the Oath of Office to Room 456 in the Hunicipal Building prior to serving in the capacity to which you were reelected. Sincerely, Mary F. Parker, C~!C City Clerk MFP:se Enc. cc: Mrs. Elizabeth B. Watts, Chairman, Roanoke Public Library Board, 1272 Rockland Avenue, N. W., Roanoke, Virginia 24012 Mr. Alfred T. Whitelock, Jr.. Manager, Libraries Room 456 Municipal Building 215 C~urch Avenue, S.W. I~,anc~e, Virginia 24011 (703) 981-254~1 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 23rd day of June, 1986, JOHN as a member of the Roanoke Public three years ending June 30, 1989. D. COPENHAVER was reelected Library Board for a term of Given under my hand and seal of the City of RoanoKe this 3rd day of July, 1986. City Clerk August 14, 1986 File #9-15 Mr. Jack C. Smith Chairman Airport Advisory Commission 14 West Kirk Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Smith: This is to advise you that A. member of the Airport Advisory years ending June 30, 1990. Byron Smith has qualified as a Commission for a term of four Sincerely, Mary F. Parker, C~IC City C1 erk MFP:se cc: Hr. Robert C. Poole, Manager, Airport Room456 MuniclpolBullding 2'15 Church A',~'nue, S.W. Roano~,VJrglnlo24011 (703)981-254t 0-2 Oath or Affirmation ~ · _ of"~ff, ce State o/ Virginia, Citg o/Roanoke, to.wit: °86 ,!Il! 28 P,~ : ~ I, A. Byron Smith -, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and irapartially discharge and perform ali the duties incumbent upon me as.._. __ __ a member of the Airport Advisory Commission for a term of four years ending June 30, 1990, ~Deputy Clerk July 2, 1986 File #15-9 Mr. A. Byron Smith 4710 Cheraw Lake Drive, N. W. Roanoke, Virginia 24017 Dear Mr. Smith: At a regular meeting of the Council of the City of Roanoke on Monday, June 23, 1986, you were reelected as a member of the Airport Advisory Commission for a term of four years ending June 30, 1990. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, ~//~ Mary F. Parker, CMC City Clerk MFP:se Eric. cc: Mr. Jack C. Smith, Chairman, Airport Advisory Commission, 14 West Kirk Avenue, S. W., Roanoke, Virginia 24011 Mr. Robert C. Poole, Manager, Airport I~:x~n456 MunlclpalBuilding 215~nurchAv~'~ue, S.W. Roanoke. ~ginia 24011 (703)981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 23rd day of June, 1986, A. BYRON SMITH was reelected as a member of the Airport Advisory Commission for a term of four years ending June 30, 1990. Given under my hand and seal of the City of Roanoke this 3rd day of July, 1986. City Clerk August 14, 1986 File #15-70 Hr. Ross C. Hart Chairman, Board of Fire Appeals 308 Second Street, S. W. Roanoke, Virginia 2aQll Dear Mr. Hart: This is to advise you that Corbin L. Wilson has qualified as a member of the Board of Fire Appeals for a term of four years ending June 30, 1990. Sincerely, Mary F. Parker, C~qC City Clerk MFP:se cc: Mr. George C. Snead, Jr., Director of Administration and Public Safety Hr. Jerry W. Kerley, Fire Chief Room456 MunlcipolButtdlng 215C~urc~Ave~ue, S.W. Roano~e. Vlrginla24~11 (703)981-2541 0-2 Oath or Affirmation of Offi : ~tate o~ Virginia, City of Roanoke, to .wit: I, C 0 r b i ri L. W i ] s o r~ . do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Board of Fire Appeals for a term of four years ending June 30, 1990, according to the best of my ability. Subscribed and sworn to before me, this So help me God. ! ,~CXf'~ .q~n~ ]~,~_(~.12~0-._/ . Dep.ty Clerk July 22, 1986 File #15-70 Mr. Corbin L. Hilson 2527 Edinburgh Drive, N. Roanoke, Virginia 24012 Dear Mr. l~ilson: At a regular meeting of the Council of the City of Roanoke neld on Monday, July 14, 1986, you were reelected as a member of the Board of Fire Appeals for a term of four years ending June 30, 1990. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Uffice which may be administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 3t5 Church Avenue, S. W. Please return one copy of the Oath of Office to Room ~56 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, Hary F. Parker, CMC City Clerk MFP:se Enc. CC: Mr. Ross C. Hart, Chairman, Board of Fire Appeals, 308 Second Street, S. W., Roanoke, Virginia 24011 Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Jerry W. Ker]ey, Fire Chief Room 456 Municipal Building 215 (~nurch Avenue, S.W. Roonoke, VIrginio 2401 t (703) 981-254t COMMONWEALTH OF VIRGINIA ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 14th day of July, 1986, CORBIN L. WILSON was reelected as a member of the Board of Fire Appeals for a term of four years ending June 30, 1990. Given under my hand and seal of the City of Roanoke this 22nd day of July, 1986. City Clerk July 22, 1986 File #15-70 Mr. Corbin L. Hilson 2527 Edinburgh Orive, Roanoke, Virginia 24012 Oear Mr. !~ilson: At a regular meeting of the Council of the City of Roanoke held on Monday, July 14, 1985, you were reelected as a member of the Board of Fire Appeals for a term of four years ending June 30 1990. , Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Uffice which may be administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Jath of Office to ~oom 456 in she Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, I.lary F. Parker, C?lC City Clerk MFP:se Enc. cc: Mr. Ross C. Hart, Chairman, Board of Fire Appeals, 308 Second Street, S. W., Roanoke, Virginia 24011 Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Jerry W. Kerley, Fire Chief I:~oom456 Munlcipc~tBuildlng 2150'~rchAve~'~e,S.W. Roc~',~,Vlrglnla2,~011 (?0~)98t-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 14th day of July, 1986, CORBIN L. WILSON was reelected as a member of the Board of Fire Appeals for a term of four years ending June 30, 1990. Given under my hand and seal of the City of Roanoke this 22nd day of July, 1986. City Clerk August 11, 1986 Roanoke, Virginia Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: I request an executive session to discuss acquisition of real property for public purpose in accordance with Section 2.1-344(a)(2) of the Code of Virginia. WRH:KBK:afm Respectfully submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations or, ce c~ the 0~/Cle~ August 13, 1986 File #207 I~r. Jack C. Smith, Chairman Industrial Development Authority 14 West Kirk Avenue Roanoke, Virginia 24011 Dear Mr. Smith: I am enclosing copy of Resolution No. 28284, approving the plan of financing of the Industrial Oevelopment Authority of the City of Roanoke, Virginia, for the benefit of Orvis, Inc., to the extent required by Section 103(k) of the Internal Revenue Code of 1954, as amended, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, Mary F. Parker, CHC City Clerk MFP:se Eric. CC: Mr. Robert E. Glenn, Attorney, P. O. Box 2887, Virginia 24001 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Roanoke, Room 456 Municipal Building 215 Church Av~que. S.W. I~:x:it'~, Virglnlo 2401 t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of August, 1986 No. 28284. A RESOLUTION approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of Orvis, Inc. to the extent required by Section 103(k) of the Internal Revenue Code of 1954, as amended. WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), has considered the application of Orvis, Inc. (or a related company which will lease to O~vis, Inc.) (the "Company") whose principal office is at 10 River Road, Manchester, Vermont 05254, requesting the issuance of the Authority's industrial development revenue bond in an amount not to exceed at $4,500,000.00 (the "Bond") to assist in the financing of the Company's acquisition, construction and equipping of an approximately 175,000 sq. ft. warehouse and distribution center (with 20,000 sq. ft. of office space) with related materials handling and office and computer equipment (the "Project") at the Roanoke Centre for Industry and Technology on Route 460 East in the City of Roanoke, Virginia, and has held a public hearing thereon on July 29, 1986. WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, provides that the governmental unit having jurisdiction over the issuer of industrial development bonds and over the area in which any facility financed with the proceeds of industrial development bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"), the Project is to be located in the City and the Council of the City o~ Roanoke, Virginia (the "Council") constitutes the highest elected governmental officials of the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Bond; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to the terms to be agreed upon, and a certificate of the public hearing has been filed with the Council. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the issuance of the Bond by the Authority for the benefit of the Company, as required by Section 103(k), to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of the Project or the Company, and, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and neither the faith or credit nor the taxng power of the Commonwealth, the City nor the Authority shall be pledged thereto. 3. The City's "Local Allocation," as such term is defined in Executive Order 54(85) issued January 23, 1985 by the Governor of Virginia, or a successor executive order (the Executive Order), having been heretofore awarded, the City Manager is hereby authorized and directed to take such action as may be necessary or expedient to apply for and obtain additional bond issuing authority from the "State Reserve," as such term is defined in the Executive Order, for dedication to the Project. 4. This Resolution its adoption. shall take effect immediately upon ATTEST: City Clerk July 30, 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 Orvis, Inc. Dear Mrs. Bowles and Gentlemen: Orvis, 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 an approximately 175,000 sq. ft. warehouse and distribution center (with 20,000 sq. ft. of office space) with related materials handling and office and computer equipment (the Project) in the City of Roanoke, Virginia, by the issuance of its industrial development revenue bond in an amount estimated at $4,500,000.00 (the Bond). As set forth in the resolution of the Authority attached hereto (the Resolution), the Authority has agreed to issue its Bond as requested. The Authority has conducted a public hearing on the proposed financing of the Project and has recommended that you approve the issuance of the Bond as required by Section 103(k) of the Internal Revenue Code of 1954, as amended. Attached hereto is (1) a certificate evidencing the conduct of the public hearing and the action taken by the Authority, (2) a fiscal impact statement required by S15.1-1378.2 of the Code of Virginia, 1950, as amended, and (3) the form of resolution suggested by counsel to evidence your approval. ~ ~ ~~~ Secret .r.~of the Ind~str~a'l~-~ Dovol¢ ,~D,t..~uthor±ty of the ¢±t¥ ~Roai~ke~ V±r~±n±a ~nclosure$ 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 July 29, 1986 at 4:00 o'clock p.m., in the Board Room of the Roanoke Valley Chamber of Commerce, 14 West Kirk Avenue, Roanoke, Virginia 24011, 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 Present Present Present Present The Chairman announced the commencement of a public hearing on the application of Orvis, Inc. (or a related company which will lease to Orvis, 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 publishe~ 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 W. Bolling Izard Aye Sam H. McGhee, III Aye Jack C. Smith, Chairman Aye Robert W. Woody 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. 1st (SEAL) WITNESS my hand and the seal of the Authority, this day of August, 198~;~ ~/~r ~ S6~r~ ~y, Indust~'ial~O~velo9 ment/_~ thority of the Ci~i~]~Qf Roa~ Virginia ROANOKE TIMES E WORLD-NEWS AD NUMBER - 71~3701 PUBLISHER"S FEE - $259.20 HARWELL M DARBY JR 3[5 SHENANDOAH BLDG ROANOKE VA 2&011 STATE OF VIRGINIA "ITY OF ROANOKE AFFIDAVIT OF PUBLICATION I. {THE UNDERSIGNED) AN OFFICER OF TIMES-WORLD CORPORATION. WHICH COR- PORATION IS PUBLISHER, OF THE ROANOKE TIMES & WORLD-NEWS~ A DAILY NEWSPAPER PUBLISHED IN RDANOKE~ IN THE STATE OF VIRGINIA. DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 07/15/86 MORNING 07/22/86 MORNING WITNESS, 23RD DAY OF JULY 1986 OFFICER ' S $IGNATUP.~' EXHIBIT A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA WHEREAS, heretofore on July 1, 1986, the Industrial Development Authority of the City of Roanoke, Virginia adopted at the request and upon the basis of representations made by representatives of Orris, Inc. (or a related company which will lease to Orvis, Inc.) (the Company), adopted a resolution (the Inducement Resolution) undertaking to assist the Company in the financing of the acquisition, construction and equipping of an approximately 175,000 sq. ft. warehouse and distribution center (with 20,000 sq. ft. of office space) with related materials handling and office and computer equipment (the Project) in the Roanoke Centre for Industry and Technology on Route 460 East in the City of Roanoke, Virginia (the City) as described in the Company's application for assistance in finacing attached hereto as Exhibit A; and WHEREAS, contemporaneously with the adoption of the Inducement Resolution, the Authority found and determined that the location of the Facility would bring additional revenues and employment into City and would promote the industrial and economy of City, benefit its inhabitants and increase their commerce and promote their safety, welfare, convenience and prosperity; and WHEREAS, §103(k) of the Internal Revenue Code of 1954, as amended by the Tax Equity and Fiscal Responsibility Act, requires in general that an industrial development revenue EXHIBIT B bond must be approved by each governmental unit having jurisdiction over the area in which any facility, with respect to which financing is to be provided from the proceeds of an issue of industrial development revenue bonds, is located and that approval be by the applicable elected representative of such governmental unit after a public hearing following reasonable public notice; and WHEREAS, the Authority has in accordance with §15.1-1378.1 of the Code of Virginia 1950, as amended, and with ~103(k) of the Internal Revenue Code 1954, as amended, given proper public notice and conducted a public hearing in accordance with said statutes; NOW THEREFORE, the Industrial Development Authority of the City of Roanoke, Virginia, hereby ratifies and confirms the Inducement Resolution and recommends that the City Council of the City of Roanoke approve the issuance of its bonds for the financing of the Facility. INDUSTRIAL DEVELOPMENT AU?HORI?¥ OF THE CITY OF ~OANOKE, VIRGINIA APPLICATION FOR AUTHORITY FINANCING Section 1 Information Concerning Applicant Name of Applicant: Orris, Inc., or Assigns Mailing Address: 10 River Road .W~nchest~r, Ve~,unt 05254 Federal Employer ID ~ Name of applicant's representative information: Thomas S. Vaccaro, Treasurer to be contacted for additional Mailing Address if Different from Applicant e Telephone No. (802)362-3622 Name(s) of Principal User(s), if Different from Applicant: N/A Mailing Address if Different from Applicant Federal Employer ID t 4. Type of business presently conducted by applicant, if any: Retail mail order and store salesofclothing, gifts andsportingequilm~nt. 5. Present location of applicant's principal place of business, if any: 10River Road, Manchester, Veluront 05254 6. In what year was business started? 1856 EXHIBIT A If.a corporation, give state of Incorporation: Vermont If a subsidiary of another corporation, give name, state of incorporation and mailing address of parent corporation: N/A If a corporation, give names and residence addresses of the principal officers, directors, and major stockholders {ten percent or more) z 10. 11. 12. If. applicant is a partnership, give (a) name of state under whose laws princlpalit is.organized:office i~;N and (b} City or County in which its 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 joint venture or other business entity {other than a corporation or partnership), describe and give names and residence addresses of all principals: N/A 14. If applicant proposes to undertake the facility sought to be financed through a subsidiary corporation, a new corporation, or other entity to be formed by applicant, give details: The cc ap any presently is considerk fo~minganotherc~¥~anytoholdtitletothe property and lease it tothecompany. Such plans havenotbeenfinalized. Identify any officers, directors, or shareholders {except shareholders of publicly traded corporations) who hold any state or local elective or appointive office, and state the office held: None 15. 16. Describe any relationships between the applicant and principal users and any member of the Authority or City Council: None Section 2 Information Concerning Facility Sought To Be Financed Type of facility: {a) industrial __; ih) commercial x (C) other ; if so, describe warehouse and distribution-- Is the facility a 'Basic Employment Project" as this term is defined on page 3 of the Governor's Executive Order 54(85)? Ix ] Yes [ ] No If so, in which category? More than 50% exp?rted 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 If so, in which category? Indicate whether facility sought to be financed is a (a) new facility X ; (b) existing facility __; or (c) addition to or modification of existing facility Type of business or activity to be conducted and purpose of facility sought to be financed. Explain proposed use of facility by applicant and/or others and, if a manufacturing plant, the type of products to be manufactured: warehouse and distribution 6. Specific site location, if known, including street number, if available: Roanoke Center for IndustrvandTechnology 7¢ General description of proposed facility {describe type of construction square footage, amount for each operation such as manufacturing, storage, office, etc.): 150,000scp~re footr 30 ft. clear ceilingwarehouseand distribution facility to be located on 20 acres of land with 20,000 sq. ft. dedicated to office and recordkeeping use Name and address of architect, N/A if selected: Telephone No. ,( Name and address of contractor, if selected: N/A Telephone No. 10. If site has been selected, give name of present owner (s): City of ~Danoke 11. If an existing facility (a) what is its present use? 12. N/A ; employees 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. Preliminary discussions 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: light manufacturin~ 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..Industrial access funds will be a~mlied for. for extension of the road access to the facility. 16. 37. 18. 20. &re funds from other goverr~en.t, sponsored pr.ograms involved tn this project? Describe ~ State of V~xginia will supp£y funds for training of ~ployees and certain site preparation and possibly land cost expenses will be donated by ~ city o~ NoanoKe. Estimated number of regular employees to be employed on year round basis after acquisition or completion of facility: 250 What net number of jobs will result of the Project? 250 Order at page 10, ~3). be created or retained as a direct (See the Executive Average annual salary per such employee: $ 12,000.00 Estimate the annual payroll after completion of the facility: $3,000,000.00 Identify skills of new employees, the availability of such skilled employees, proposed wage scale, and training needs: Materials handlin~, clerical andmanag~mentpersonnelandotherqualificationsnormallyassociatedwith our type of business. 22. State the growth potential for the employment, and plant expansion: facility in terms of sales, The c~,~anyexpectsanincreaseinsales activity of 15%per year. If application is approved by the Authority, when would applicant anticipate issuance of bonds and work on the facility started? I_n~ediately 23. Section 3 Cost of Facility and Financing Estimated total cost of proposed facility: $ 5,000,000.00 Maximum amount of financing sought through the Authority: $4,500,000.00 Items of cost to be paid from Authority financing (i.e., land, building, equipment, legal, etc.): Equipment, building and issuance costs; land and site preparation costs to be donated orotherwise provided. If financing is approved, does applicant expect the Authority bonds to be sold by (a) private placement ; or (b) public offering (The company is presently consideringbothoptions.) If by private placement, has applicant received a commitment or other assurance from a bank or others with respect to the sale of the bonds? YES NO Elaborate: The cc~hashadinformalbutserious commitment for funds frc~ its normal commercial banking sources as well as qualified financial sources in the State of Virginia. If by public offering, name and address of underwriter desired: Name Mailing Address Not yet selected Name Name Not yet selected Telephone No. ( ) and address of bond counsel desired: Mailing Address Telephone No. ( ) What percent of the Total Project is to be financed with than proceeds of Private Activity Bonds? 10% Executive Order, page ]0, item 6) funds other (See the What increase will result in the Assessed Value of the Real Property? (See the Executive Order, page 10, item 7). $3,500,000.00 Will the facility be: (a) (b) or located in a locality that is certified under the Department o~ Economic Development's Community Certification Program? [ ] Yes [ x] located in an Urban Enterprise Zone? [ ] Yes [ X] No; a Multi Jurisdictional Basic Employment or Exempt Project? [ ] Yes [ X] No. (See the Executive Order, pages 11-12, 8-10). items Section 4 ?ax Information If the site of the proposed facility assessed value for real improvements thereon. is known, state the current estate tax purposes of the land, and Lend $ - 0 - Improvements TOTAL $. - 0 - Current yearly real property tax on the proposed site: $ Estimated taxable value of the facility's real property (buildings and improvements) to be constructed: $..~.3,.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: $ 46,900.00 Estimated personal property tax per year with respect to the facility when completed, using present City of Roanoke tax rates: $ 15,000.00 Estimated merchants' capital tax per year with respect to the facility when comp!et·d, 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: $ 750,000.00 be Section 5 Inducement Explain how the requested financing by the Authority will enable or induce applicant to locate in or remain in the C~ty of RoanQ~e the Commonwealth of Virginia? The availability o~taxexe~ptLn~usr~rla± revenue bond financing is a major factor inthecompany'spendingdecision as to expansion of its facility in one of two locations currently under consideration. 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 (c) will pay, when billed, all other costs and expenses of the Authority, includin9 t~- reasonable fees of its legal counsel, with respect to this application and any Authority or Roanoke City Council meetings held in connection there- with. Also in addition, Applicant understands and agrees that in the event the Authority approves the application and adopts an inducement resolution with respect thereto and thereafter authorizes the issuance of its bonds or notes to finance a facility on behalf of the Applicant all costs of the Authority in connection with any such issue, including the reasonable fees of its legal counsel and bond counsel, will be paid either from the proceed~ of the issue or directly by the Applicant, or if such bonds or notes are no~ 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 shall be in form and substance satisfactory to the Authority, its legal counsel and Bond Counsel and shall include provisions satisfactory to the Authority, with respect to indemnifying the Authority and payment by Applicant to the Authority of its closing fee of .025% of the principal 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 Authority's general operating and audit expense while such bonds or notes are outstanding; and that if the Authority adopts an inducement resolution with respect to the issuance of bonds or notes on behalf of Applicant and thereafter before the issuance of 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 Authority, in any such event, reserves and shall have the right to revoke or rescind such inducement resolution which the Authority has entered into with Applicant, after not less than ten (10) days written notice of the Authority's intention so to do, addressed and mailed to the Applicant at its 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 ~O day of June , 1986__. ORVIS, INC. DIRECTORS OF ORVIS, INC. * Leigh H. Perkins Chairman of the Board Orvis, Inc. Room 480 401 Euclid Avenue Cleveland, OH 44114 John D. Drinko Managing Partner Baker & Hostetler at Law 3200 National City Center Cleveland, OH 44114 Robert L. Mitchell ** Vice Chairman Celanese Corporation 1211 Avenue of the Americas New York, NY 10036 * David Perkins Director of Retail & Wholesale Orris, Inc. Room 480 401 Euclid Avenue Cleveland, OH 44114 * Leigh H. Perkins, Jr. Merchandise Manager - Hunting/Fishing Orris, Inc. Room 480 401 Euclid Avenue * Clayton E. Shappy General Manager Orvis, Inc. Historic Route 7A Manchester, VT 05254 F. Jerome Tone Epping Road Gates Mills, OH 44040 Joseph Dresnok Vice President of Operations Orris, Inc. Historic Route 7A Manchester, VT 05254 Alton W. Whitehouse, Jr. Chairman of the Board The Standard Oil Company Midland Building Cleveland, OH 44115 Dickson L. Whitney Chairman of the Board McGean Chemical Company 1250 Terminal Tower Cleveland, OH 44113 * Employee of Orvis, Inc. or subsidiary ** Retired/Resigned ORVI$, 'IRC. OFFICEP. S 23, 1986 Leigh R. Perkins Room 480 401 Euclid Avenue Cleveland, OH 44114 Clayton E. Shappy 45 Hillcrest Road Rutland, VT 05701 Howard Steere Morse Hill Road Manchester Center, VT 05255 Anne K, Secor P.O. Box 281 Arlington, VT 05250 Joe Dresnok P.O. Box 762 Manchester Center, VT 05255 Seidler Road South Dorset, VT 05263 Joseph Casstdy Ttnmouth Road Danby, VT 05739 Chairman of the Board President Vice President - Personnel General Manager Clerk of the Corporation Vice President - Manufacturing Vice President - Mail Order Vice President - Operations Assistant Clerk Controller ORVIS INC. Federal Employer I.D. Number State Employer I.D. Number State Businees Account Number 03-0215659 39-3-0212 62251 Officers of Orvis, Inc. Leigh H. Perkins Clayton E. Shappy Thomas S. Vaccaro Joseph Dresnok Howard Steere Anne R. Secor Joseph Cassidy President Executive Vice-President Vice-President: Operations Vice-President: Hanufacturing Vice-President: Mail Order Controller Directors of Orris, Inc. LeiEh H. Perkins John D. Drinko Joseph Dreenok Robert L. Hitchell David Perkins Leigh H. Perkins~Jr. Clayton E. Shappy'~- F. Jerome Tone III Alton W. Whitehouse Jr. Dlckson L. Whitney (chai~man) Subsidiaries of Orris, Inc. The Orvie Company, Inc. Orvis Services, Inc. Orris San Francisco, Inc. Orris Houston, Inc. Orvis New York, Inc. FISCAL IMPACT STATEMENT Date: July 29, 1986 Applicant: Orvis, Inc. Facility: 175,000 sq. ft. Warehouse and Distribution Center (With 20,000 sq. ft. of Office Space) 4. 5. 6. Maximum amount of financing sought $ 4,500,000.00 Estimated taxable value of the facility's real property to be constructed in the municipality $ 3,500,000.00 Estimated real property tax per year using present tax rates $ 46,900.00 Estimated personal property tax per year using present tax rates $ 15,000.00 Estimated merchants' capital tax per year using present tax rates N/A Estimated dollar value per year of goods and services that will be purchased locally $ 750,000.00 Estimated number of regular employees on year-round basis Average annual salary per employee 125 $ 12,000.00 irman of t~e I~dUs~trial C~t~ lo°Pfm~ontanoA~et,h°~lrtgyi~fathe August 13, 1986 File #207 Mr. Jack C. Smith, Chairman Industrial Development Authority 14 West Kirk Avenue Roanoke, Virginia 24011 Dear ~Ir. Smith: I am enclosing copy of Resolution No. ~8285, approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of FiberCom, Inc., to the extent required hy Section 103(k) of the Internal Revenue Code of 1954, as amended, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Si ncer el y, tlary F. Parker, CMC City Clerk MFP:se Eric o cc: Mr. Robert E. Glenn, Attorney, P. O. Box 2887, Roanoke, Virginia 24001 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibting, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Room456 MunlcipalBulldlng 215Churc~A',~nue,$.W. Roanoke, Virginla24011 (703)98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of August, 1986 No. 28285. A RESOLUTION approving the plan of financing of the Industrial Development ~uthority of the City of Roanoke, Virginia, for the benefit of FiberCom, Inc. to the extent required by Section 103(k) of the Internal Revenue Code of 1954, as amended. WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), has considered the application of FiberCom, Inc. (the "Company") whose principal office is at 3353 Orange Avenue, Roanoke, Virginia 24012, requesting the issuance of the Authority's industrial development revenue bond in an amount not to exceed at $900,000.00 (the "Bond") to assist in the financing of the Company's rehabilitation of and providing of additional equipment, at its fiber optics manufacturing facility (the "Project") at 3353 Orange Avenue in the City of Roanoke, Virginia, and has held a public hearing thereon on July 29, 1986. WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, provides that the governmental unit having jurisdiction over the issuer of industrial development bonds and over the area in which any facility financed with the proceeds of industrial development bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"), the Project is to be located in the City and the Council of the City of Roanoke, Virginia (the "Council")' constitutes the highest elected governmental officials of the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Bond; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to the terms to be agreed upon, and a certificate of the public hearing has been filed with the Council. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the issuance of the Bond by the Authority for the benefit of the Company, as required by Section 103(k), to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of the Project or the Company, and, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or 2 the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and neither the faith or credit nor the taxng power of the Commonwealth, the City nor the Authority shall be pledged thereto. 3. The City's "Local Allocation," as such term is defined in Executive Order 54(85) issued January 23, 1985 by the Governor of Virginia, or a successor executive order (the Executive Order), having been heretofore awarded, the City Manager is hereby authorized and directed to take such action as may be necessary or expedient to apply for and obtain additional bond issuing authority from the "State Reserve," as such term is defined in the Executive Order, for dedication to the Project. 4. This Resolution shall take effect immediately upon its adoption. ATTEST: City Clerk July 30, 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 FiberCom, Inc. Dear Mrs. Bowles and Gentlemen: FiberCom, Inc. (the Company) has requested that the Industrial Development Authority of the City of Roanoke, Virginia (the Authority), assist the Company in financing the rehabilitation of and providing of additional equipment at its of fiber optics manufacturing facility (the Project) in the City of Roanoke, Virginia, by the issuance of its industrial development revenue bond in an amount estimated at $900,000.00 (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 ~15.1-1378.2 of the Code of Virginia, 1950, as amended, and (3) the form of resolution suggested by counsel to evidence your app royal . f-~~~~ Secr t~y of the Ind~trial~ D~ve~nt Authority o~f t~ Cit~R~noke, Virginia / Enclosures ~ CERTIFICATE The undersigned Secretary oi 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 July 29, 1986 at 4:00 o'clock p.m., in the Board Room at the Roanoke Valley Chamber of Commerce, 14 West Kirk Avenue, Roanoke, Virginia 24011, 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 Present Present Present Present The Chairman announced the commencement of a public hearing on the application of FiberCom, 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 oi 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 W. Bolling Izard Aye Sam H. McGhee, III Aye Jack C. Smith, Chairman Aye Robert W. Woody 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. 1st (SEAL) WITNESS my hand and the seal of the Authority, this day of August, 1986. Sedr ment Roa Wy, Industrial D~lop- thority of the City-of ~e, Virginia ROANOKE TIMES E WORLD-NEWS AD NUMBER - 71~3701 pUBLISHER'S FEE - $259°20 HARNELL M DARBY JR 315 SHENANDOAH BLDG ROANOKE VA 2~.01 1 STATE OF VIRGINIA SITY OF ROANOKE AFFIDAVIT OF PUBLICATION Ie {THE UNDERSIGNED) AN OFFICER OF T[MES-NORLD CORPORATION, NH[CH COR- PORATION IS PUBLISHER OF THE ROANOKE I'IMES r. WORLD-NEWS, A DAILY NEWSPAPER aUBLISHED IN RDANOKE~ IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NENSPAPERS ON THE FOLLOW2NG DATES 07/15/86 MORNING 07/22/86 MORNING WITNESS · .S 23RD DAY OF JULY t986 EXHIBIT A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA WHEREAS, heretofore on April 29, 1986, the Industrial Development Authority of the City of Roanoke, Virginia (the Authority), at the request and upon the basis of representations made by representatives of FiberCom, Inc. (the Company), adopted a resolution (the Inducement Resolution) undertaking to assist the Company in the financing of the rehabilitation, equipping and providing of additional technology at its fiber optics manuiacturing facility (the Facility) at 3353 Orange Avenue in the City of Roanoke, Virginia (the City); and WHEREAS, the Authority has been informed by representatives of the Company that it no longer intends to use the Authority's assistance in financing the additicna] technology referred to in the Inducement Resolution but does intend to use the full amount of requested bonds ($900,000.00) to rehabilitate and provide additional equipment (the Project) at the Facility; and WHEREAS, contemporaneously with the adoption of the Inducement Resolution, the Authority found and determined that the location of the Facility would bring additional revenues and employment into City and would promote the industrial and economy of City, benefit its inhabitants and increase their conm~erce and promote their safety, welfare, convenience and prosperity; and EXHIBIT B WHEREAS, the Authority hereby finds that the Project as currently envisioned will fulfill the same public purpose; and WHEREAS, S103(k) of the Internal Revenue Code of 1954, as amended by the Tax Equity and Fiscal Responsibility Act, requires in general that an industrial development revenue bond must be approved by each governmental unit having jurisdiction over the area in which any facility, with respect to which financing is to be provided from the proceeds of an issue of industrial deYelopment revenue bonds, is located and that approval be by the applicable elected representative of such governmental unit after a public hearing following reasonable public notice; and WHEREAS, the Authority has in accordance with §15.1-1378.1 of the Code of Virginia 1950, as amended, and with ~103(k) of the Internal Revenue Code 1954, as amended, given proper public notice and conducted a public hearing in accordance with said statutes; NOW THEREFORE, the Industrial Development Authority of the City of Roanoke, Virginia, hereby ratifies and confirms the Inducement Resolution and recommends that the City Council of the City of Roanoke approve the issuance of its bonds for the financing of the Facility. FISCAL IMPACT STATEMENT Date: 0uly 29, 1986 Applicant: FiberCom, Inc. Facility: Manufacturing - FiberCom Optic Products General Upgrading Maximum amount of financing sought $ 900,000.00 Estimated taxable value of the facility's real property to be constructed in the municipality $ 450,000.00 3. Estimated real property tax per year using present tax rates $ 14,389.00 4. Estimated personal property tax per year using present tax rates $ 6,115.00 5. Estimated merchants' capital tax per year using present tax rates N/A 6. Estimated dollar value per year of goods and services that will be purchased locally $1,200,000.00 7. Estimated number of regular employees on year-round basis 40 * 8. Average annual salary per employee $ 25,000.00 * * Total employment (including new jobs) is 111 at an average annual salary of $28,000.00 August 13, 1986 File #207 ~r. Jack C. Smith, Chairman Industrial Development Authority 14 West Kirk Avenue Roanoke, Virginia 24011 Dear ~.lr. Smith: I am enclosing copy of Resolution No. 28286, approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of Save-X, U.S.A., Inc., to the extent required by Section 103/k) of the Internal Revenue Code of 1954, as amended, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Si ncer ely, Hary F. Parker, CHC City Clerk MFP:se cc: Mr. Robert E. Glenn, Attorney, p. O. Box 2887 Roanoke, Virginia 24001 ' Mr. W. Robert Herbert, City Manager ~r. Wilburn C. Dibling, Jr., City Attorney Mr. Joel I~. Schlanger, Director of Finance Room 456 Municigal Building 215 C~urch Av~,~ue, S.W. I~xlnoke, Vlrglnlo 24011 (703) 981-254"1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of August, 1986 No. 28286. A RESOLUTION approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of Save-X, U.S.A., Inc. to the extent required by Section 103(k) of the Internal Revenue Code of 1954, as amended. WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), has considered the application of Save-X, U.S.A., Inc. (the "Company") whose principal office is at 130 Sycamore Avenue, N.E., Roanoke, Virginia 24012, requesting the amendment of the Authority's outstanding $450,000.00 Industrial Development Revenue Note which was issued August 5, 1981 by the Authority to change the interest rate (the "Amended Note"); the Authority's Note was originally issued to finance the cost of a multi-pump fuel dispensing station and convenience food store facility with related computer and modem (the "Project") located at 4176 Franklin Road, S.W. on the East side of Route 220 South in the City of Roanoke, Virginia, and the Authority has held a public hearing thereon on July 29, 1986. WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, provides that the governmental unit having jurisdiction over the issuer of industrial development bonds and over the area in which any facility financed with the proceeds of industrial development bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"), the Project is to be located in the City and the Council of the City of Roanoke, Virginia (the "Council") constitutes the highest elected governmental officials of the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Amended Note; and WHEREAS, a copy~of the Authority's resolution approving the issuance of the Amended Note, subject to the terms to be agreed upon, and a certificate of the public hearing has been filed with the Council. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the issuance of the Amended Note by the Authority for the benefit of the Company, as required by Section 103(k), to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Amended Note, as required by Section 103(k), does not constitute an endorsement to a prospective purchaser oi the Amended Note of the creditworthiness of the Project or the Company, and, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Amended Note shall provide that neither 2 the City nor the Authority shall be obligated to pay the Amended Note or the interest thereon or other costs incident thereto except irom the revenues and moneys pledged therefor and neither the faith or credit nor the taxng power of the Commonwealth, the City nor the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. ATTEST: City Clerk July 30, 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 Note Save-X, U.S.A., Inc. Dear Mrs. Bowles and Gentlemen: Save-X, U.S.A., Inc. (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 $450,000.00 Industrial Development Revenue Note which was issued August 5, 1981 by the Authority to finance the cost of a multi-pump fuel dispensing station and convenience food store facility with related computer and modem (the Project) in the City of Roanoke, Virginia. The purpose of the amendment will be to change the interest rate on the Note. As set forth in the resolution of the Authority attached hereto (the Resolution), the Authority has agreed to issue its Amended Note as requested. The Authority has conducted a public hearing on the proposed amendment of the Note and has recommended that you approve the issuance of the Amended Note 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 ~15.1-1378.2 of the Code of Virginia, 1950, as amended, and (3) the form of resolution suggested by counsel to evidence your approval. Secrl Deve2 City / Enclosures ~ anoke, Vir~ iinia CERTIFICATE The undersigned Secretary of the Industrial Development Authority of the City of Roanoke, Virginia (the Authority) hereby certifies as follows: ]. A meeting of the Authority was on July 29, 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: duly called and held the Board Room of DIRECTOR ATTENDANCE John J. Butler Present Russell O. Hannabass Present Stanley R. Hale Present W. Bolling Izard Present Sam H. McGhee, III Present Jack C. Smith, Chairman Present Robert W. Woody Present The Chairman announced the commencement of a public hearing on the application of Save-X, U.S.A., 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, 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 W. Bolling Izard Abstain Sam H. McGhee, III Aye Jack C. Smith, Chairman Aye Robert W. Woody 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 31st day of July, 1986. (SEAL) the seal of the Authority, this me the City of Roan n ROANOKE TIHES AD NUMBER - 71~3701 PUBLISHER'S FEE - $259.20 WORLD-NEWS HARWELL M DARBY JP 315 SHENANDOAH BLDG ROANOKE VA 2~.011 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION l, ITHE UNDERSIGNED) AN OFFICER OF T[MES-WO~LD CORPORATION, WHICH COR- PORATION IS PUBLISHER OF THE ROANOKE TIMES & NORLD-NEWS. A DALLY NEWSPAPER PUBLISHED IN ROANOKE. IN THE STATE DF VIRGINIA, DO CERTIFY THAT THE ANNEXED ~IOTICE NAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES O7/15/86 MORNING 07/22/86 MORNING WITNESS, TH~kS 23RD DAY OF JULY 1986 EXHIBIT A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA July 29, 1986 WHEREAS, heretofore on August 5, 1981, the Industrial Development Authority of the City of Roanoke, Virginia (the Authority) issued its Industrial Development Revenue Note (Save-X, U.S.A., Inc. Project) (the Note) in the principal amount of $450,000.00 at a stated interest rate of 11 3/4%, and payable on the fifth day of each month in equal monthly installments. WHEREAS, the Note was issued pursuant to the terms of a Note Purchase Agreement and Agreement of Sale dated as of August 1, 1981 (the Note Purchase Agreement) among the Authority, Save-X, U.S.A., Inc., a Virginia corporation (the Purchaser) 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 Note was secured by a Deed of Trust dated as of August 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 1469, page 387; and 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 August 1, 1981 (the Deed of Assumption) between the Authority and the EXHIBIT B Purchaser pursuant to which the Purchaser undertook the Authority's obligations as to payment of the Note; and WHEREAS, the Purchaser and the Bank have agreed to amend the~terms of the Note to reduce the interest rate from 11 3/4% to 7% per year; and WHEREAS, the Bank and the Purchaser have requested that the Authority amend the terms of the Note 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 Note. 1. There have been exhibited to the directors of the Authority the following documents necessary to amend the Note and provide for the change of interest rate as requested by the Bank and the Purchaser: A. The Authority's Note, as amended (the Amended Note; B. A Modification to the Deed of Trust and Deed of Assumption dated as of August 1, 1986; and 2. The Authority finds that the amendment of the Note 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~Virgin~a, 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 Note, and the Secretary of the Authority is hereby authorized and directed to affix the seal of the Authority to the Amended Note, and either is authorized to deliver the Amended Note to the Bank; with the understanding that the Bank will hold both instruments until the Amended Note is paid in full. 4. The Chairman of the Authority is hereby authorized and directed to execute and deliver the Modification to Deed of Trust and Deed of Assumption. 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 Note. 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 Note, are hereby approved and confirmed. 3 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 Note.' 4 FISCAL IMPACT STATEMENT Date: July 29, 1986 Applicant: Save-X, U.S.A., Inc. Facility: A Multi-pump Fuel Dispensing Station and Convenience Foor Store Facility with Related Computer and Modem 4. 5. 6. e Maximum amount of financing sought $ 450,000.00 Estimated taxable value of the facility's real property to be constructed in the municipality Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchants' capital tax per year using present tax rates Estimated dollar value per year of goods and services that will be purchased locally Estimated number of regular employees on year-round basis $ 485,000.00 $ 2,000.00 $ 350.00 $ 3,700.00 $ 255,000.00 8 Average annual salary per employee $ 8,500.00 or, ce o~ ~'~e O~y (3e?,~ Au§ust 13, 1986 File #207 Mr. Jack C. Smith, Chairman Industrial Development Authority 14 West Kirk Avenue Roanoke, Virginia 24011 Dear Mr. Smith: I am enclosing copy of Resolution No. 28287, approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of Advance Stores Company, Incorporated (or its designee, who will lease to Advance Stores Company, Incorporated) to the extent required Dy Section 103(k) ~f the Internal Revenue Code of 1954, as amended, which ~esolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, Mary F. Parker, CPtC City Clerk MFP:se EriC. cc: Mr. Robert E. Glenn, Attorney, P. O. Box 2887, Roanoke, Virginia 24001 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Room 456 Municipal Building 215 Church Avenue, S.W. I~anoke, ~glnla 24011 (703) 98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of August, 1986 No. 28287. A RESOLUTION approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of Advance Stores Company, Incorporated (or its designee, who will lease to Advance Stores Company, Incorporated) to the extent required by Section 103(k) of the Internal Revenue Code of 1954, as amended. WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), has considered the application of Advance Stores Company, Incorporated (the "Company") whose principal office is at 803 Kerns Avenue, S.W., Roanoke, Virginia 24015, requesting the issuance of the Authority's industrial development revenue bond in an amount not to exceed at $5,000,000.00 (the "Bond") to assist in the financing of the Company's acquisition, construction and equipping of an approximately 150,000 to 175,000 sq. ft. warehouse and distribution center with related materials handling and other equipment (the "Project") in the Roanoke Centre for Industry and Technology on Route 460 East in the City of Roanoke, Virginia, and has held a public hearing thereon on July 29, 1986. WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, provides that the governmental unit having jurisdiction over the issuer of industrial development bonds and over the area in which any facility financed with the proceeds of industrial development bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"), the Project is to be located in the City and the Council of the City of Roanoke, Virginia (the "Council") constitutes the highest elected governmental officials of the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Bond; and WHEREAS, a copy of the AUthority's resolution approving the issuance of the Bond, subject to the terms to be agreed upon, and a certificate of the public hearing has been filed with the Council. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the issuance of the Bond by the Authority for the benefit of the Company, as required by Section 103(k), to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of the Project or the Company, and, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bond shall provide that neither the 2 City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and neither the faith or credit nor the taxng power of the Commonwealth, the City nor the Authority shall be pledged thereto. 3. The City's "Local Allocation," as such term is defined in Executive Order 54(85) issued January 23, 1985 by the Governor of Virginia, or a successor executive order (the Executive Order), having been heretofore awarded, the City Manager is hereby authorized and directed to take such action as may be necessary or expedient to apply for and obtain additional bond issuing authority from the "State Reserve," as such term is defined in the Executive Order, for dedication to the Project. 4. This Resolution shall take effect immediately upon its adoption. ATTEST: City Clerk 3 August 5, 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 Advance Stores Company, Incorporated Dear Mrs. Bowles and Gentlemen: Advance Stores Company, Incorporated (the Company) has requested that the Industrial Development Authority of the City of Roanoke, Virginia (the Authority), assist the Company or its designee, who will lease to the Company in financing the acquisition, construction and equipping of an approxi- mately 150,000 to 175,000 sq. ft. warehouse and distribution center with related materials handling and other equipment (the Project) in the City of Roanoke, Virginia, by the issuance of its industrial development revenue bond in an amount estimated at $5,000,000.00 (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 §15.1-1378.2 of the Code of Virginia, 1950, as amended, and (3) the form of resolution suggested by counsel to evidence your approval. Enclosures CERTIFICATE The undersigned Secretary of the Industrial Development Authority of the City of Roanoke, Virginia (the Authority) hereby certifies as follows: 1. A meeting of the Authority was duly called and held on July 29, 1986 at 4:00 o'clock p.m., in the Board Room of the Roanoke Valley Chamber of Commerce, 14 West Kirk Avenue, Roanoke, Vir§inia 24011, 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 Present Present Present Present The Chairman announced the commencement of a public hearing on the application of Advance Stores Company Incorporated (or Nicholas F. Taubman, who will lease to Advance Stores Company, Incorporated) (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 special meeting of the Authority held August 5, 1986,by a majority o~ the Directors present at such meeting, with the ayes and nays being recorded in the minutes of such meeting as follows: DIRECTOR VOTE Stanley R. Hale Aye Sam H. McGhee, III Abstain Jack C. Smith, Chairman Aye Robert W. Woody Aye The Resolution constitutes all formal action taken by the Authority 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 of the Authority, this ~, Indus~a 1 fthority of%he C~_ S~dr, ment Roan, / (SEAL) inia AD NUMBER - 714'3701 *~UBLISHERt S FEE - $259,20 HARNELL M DARBY JR 315 SHENANDOAH BLDG ROANOKE VA 24011 STATE OF VIRGINIA ~IT¥ OF ROANOKE AFFIDAVIT OF PUBLICATION !, (THE UNDERSIGNED) AN OFFICER OF TIMES-MDFLD CORPORATION, WHICH COR- PORATION IS PUBLISHE~ OF THE ROANOKE TINES & NORLD-NENS,, A DAILY NENSPAPER PUBLISHED IN ROANOKEt IN THE STATE OF VIRGINIAt DO CERTIFY THAT THE ANNEXED MOTICE WAS PUBLISHED IN SAID NENSPAPERS ON THE FOLLONING DATES 07/15/86 NC)RN lNG 07/22/86 MORNING NITNESS, TH.~S 23RD DAY OF JULY 1986 VlrelalL . th~Clty of R.oino.k.e,_VI.r,lnll. EXHIBIT 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 Advance Stores Company, Incorporated (the Company) (or its designee who shall lease to Advance Stores Company, Incorporated), to aquire, construct and equip an approximately 150,000 to 175,000 sq. ft. warehouse and distribution center with related materials handling and other equipment (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 City and has requested the Authority to agree to issue its industrial development revenue bonds under the Virginia Industrial Development and Revenue Bond Act (the Act) in such amounts as may be necessary to finance the cost of 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 EXHIBIT B 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 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 $5,000,000.00 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 (or to the Company's designee who will lease the Facility 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, 2 construction and equipping of the Facility, the Authority hereby agrees that the Company (or its designee) 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 (or its designee) 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 (or its designee) 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 (or its designee) 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 3 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. 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. All 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. 9. The Authority intends that the adoption of this resolution be considered as "official action" toward the issuance of the bonds within the meaning of the regulations issued by the Internal Revenue Service pursuant to Section 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. A public hearing has been held as required by Section 103(k) of the Internal Revenue Code of 1954, as amended. The Authority hereby recommends that the City 5 Council of the City of Roanoke, Virginia, approve the issuance of the bonds. 6 INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA ~PPLICATION FOR AUTHORITY FINANCING Section 1 Information Concerning Applicant Name of Applicant: Nicholas F. Taubman Mailing Address: P. O. Box 2710 Roanoke, Virginia 24001 Federal Employer ID ~ 229-46-3123 Name of applicant's representative information: Name Kenneth E. Scheve to be contacted for additional Mailing Address if Different from Applicant Telephone No. (703) 344-4786 Name(s) of Principal User(s), if Different from Applicant: Advance Stores Company, Incorporated Mailing Address if Different from Applicant Federal Employer ID % 54-0118110 Type of business presently conducted by applicant, auto parts sales and distribution if any: Present location of applicant's principal place of business, if any: 802 Kerns Avenue, S.W., Roanoke, Virginia. 6. In what year was business started? 1929 %. lf.s corporation, give state of lncorporationz Virginia 8. If a subsidiary of another corporation, give name, state of incorporation and mailing address of parent corporation: N/A 10. If a ~orporation, give names and residence addresses of the principal officers, directors, and major stockholders (ten percent or morel: Nicholas F. Taubman is the beneficial owner of all of the stock of the Company. He, his father and mother, Mr. & Mrs. Arthur Taubman and Garnett E. Smith are the directors. He and Arthur Taubman are Chairman and Vice Chairman of th~ R~ard of Directors. Garnette E. Smith is President and Kenneth,E. Scheve is Chief Financial Officer. If. applicant is a partnership, gave (a) name of state under whose laws it is organized: ; and (b) City or County in which its principal office i~ located: 11. If a partnership, state whether general or limited: N/A 12. 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 joint venture or other business entity {other than a corporation or partnership), describe and give names and residence addresses of all principals: N/A 14. If applicant proposes to undertake the facility sought to be financed through a subsidiary corporation, a new corporation, or other entity to be formed by applicant, give details: N/A 15. Identif~ any officers, directors, or shareholders (except shareholders of publicly traded corporations) who hold any state or local elective or appointive office, and state the office held: none 16. Describe any relationships between the applicant and principal users and any member of the Authority or City Council: Nicholas F. Taubman was a member of City Council in 1976, 1977 and 1978 Section 2 Information Concerning Facility Sought 1. Type of facility: (a) industrial __; (b) commercial x ; (c} other ; if so, describe To Be Financed me Se Is the facility a "Basic Employment Project" as this term is defined on page 3 of the Governor's Executive Order 54(85)? [ x] Yes [ ] No If so, in which category? 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 If so, in which category? Indicate whether facility sought to be financed is a (a) new facility x ; (b) existing facility __; or (c) addition to or modification of existing facility Type of business or activity to be conducted and purpose of facility sought to be financed. Explain proposed use of facility by applicant and/or others and, if a manufacturing, plant, the type of products to be manufactured: see above 6. Specific site location, if known, including street number, if available: Roanoke Centre Industry .and Technology 7,, General description of proposed facility (describe type of construction square footage, amount for each operation such as manufacturing, storage, office, etc.): 150-175,000 sq. ft. distribution facility Name and address of architect, if selected: N/A Telephone NO. ( ) 9. Name and address of contractor, if selected: N/A Telephone No. ( ) 10. If site has been selected, give name of present owner (s): city of Roanoke 11. If an existing facility (a) what is its present use? 12. N/A ; (b) number of regular ; and (c) employees presently employed on year round basis average annual salary per such employee $ Ifapplicant 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. discussions with City 13. 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: If specific location is known, is a zoning change required? YES NO If yes, state the zoning classification required: Does the site of the proposed facility require governmental expenditure for roads, utilities, etc.? Describe. &re funds from other government sponsored programs involved in this project? Describe: 18. 39. 20. Estimated number of regular employees to be employed on year round basis after acquisition or comp/etion of facility: 200 What net number of jobs will be created or retained as a direct result of the Project? 100 (See the Executive Order at page 10, ~3). Average annual salary per such employee: $ 14,000.00 Estimate the annual payroll after completion of the facility: $2,800,000.00 21. Identify skills of new employees, the availability of such skilled employees, proposed wage scale, and training needs: 22. State the growth potential for the facility in terms of sales, employment, and plant expansion: 23. If application is approved by the Authority, when would applicant anticipate issuance of bonds and work on the facility started? Section 3 Cost of Facility and Financing Estimated total cost of proposed facility: $ 5,000,000.00 Maximum amount of financing sought through the Authority: $ 5,000,000.00 Items of cost to be paid from Authority financing (i.e., land, building, equipment, legal, etc.): 100%. except for site preparation If financing i.s approved, does applicant expect to be sold by (a) private placement x offering the Authority bonds ; or (b) public If by private placement, has applicant received a commitment or other assurance from a bank or others with respect to the sale of the bonds? YES NO X Elaborate: ~arehavin~serious discussions with several con~ercial banks. If by public offering, Name N/A name and address of underwriter desired: Mailing Address Telephone No. ( ) 7. Name and address of bond counsel desired: Name Mailing Address Glenn, Flippin, Feldmann & Darby P. O. Box 2887 Roanoke, Virginia 24001 Telephone No. (703) 344-3000 What percent of the Total Project is to be than proceeds of Private Activity Bonds? Executive Order, page 10, item 6} financed with funds other (See the What increase will result in the Assessed Value of the Real Property? (See the Executive Order, page 10, item 7). Will the facility be: (a) located in a locality that is certified under the Department of Economic Development's Community Certification Program? [ ] Yes [ ] Nog (b) located in an Urban Enterprise Zone? [ ] Yes [ ] No; or (c) a Multi Jurisdictional Basic Employment or Exempt Project? [ ] Yes [ ] No. (See %he Executive Order, pages 11-12, 8-10). items Section Tax Information 1. 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 2. Current yearly real property tax on the proposed site: $ 3. Estimated taxable value of the facility's real property (buildings and improvements) to be constructed: $ 3,I85,000.00 4. 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: $ 42,~79.00 5. Estimated personal property tax per year with respect to the facility when completed, using present City of Roanoke tax rates: $ 32,400.00 Estimated merchants' capital tax per year with respect to the facility when comp!eted, using present tax rates: $ N/A Estimated dollar value per year of goods and services that will be purchased locally by applicant or other users of the facility: $ nominal, except forconstructioncosts 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? The availability of industrial development bond financing is a significant factor in our decision to locate the facility in the City. It is understood and agreed by the Applicant that Applicant (a) will, ~pon 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 (c) will p~v, when billed, all other costs and expenses of the Authority,.including' th~ reasonable fees of its legal counsel, with respect to this application and any Authority or Roanoke City Council meetings held In connection there. with. Also in addition, Applicant understands and agrees that in the event the Authority approves the application and adopts an inducement resolution with respect thereto and thereafter authorizes the issuance of its bonds or notes to finance a facility on behalf of the Applicant all costs of the Authority in connection with any such issue, including the reasonable fees of its legal counsel and bond counsel, will be paid either from the proceedt of the issue or directly by the Applicant, or if such bonds or notes are 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 shall be in form and substance satisfactory to the Authority, its legal counsel and Bond Counsel and shall include provisions satisfactory to the Authority, with respect to indemnifying the Authority and payment by Applicant to the Authority of its closing fee of .025% of the principal amount of the issue, with a minimum of $250 and a max/mum 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 Authority, in any such event, reserves and shall have the right to revoke or rescind such inducement resolution which the Authority has entered into with Applicant, after not less than ten (10} days written notice of the Authority's intention so to do, addressed and mailed to the Applicant at its address given in this Application. If the proposed financing is approved by the Authority and the City Council, and for any reason, the bonds or notes are not issued prior to the end of the current calendar year, the inducement and authorization to issue bonds shall terminate and abate, and be of no further effect at midnight on the last day of the calendar year. Respectfully submitted this 5th day of August , 198 6 . Kenneth E. Scheve, Treasurer (2) PLEASE NOTE Individual applicants shall each sign the application. If Applicant is a corporation, the application is to be made and signed in the full proper name of the corporation as it appears in its Articles of Incorporation, by a duly authorized officer thereof who shall give his title, and if a partnership, in the full proper name of the partnership as it appears in its Certificate of Partnership, by one or more general partners. If additional space is needed to properly respond to any question, refer to and attach an additional numbered sheet at end of application. (3) If any question is not applicable, indicate by inserting "N/A." FISCAL IMPACT STATEMENT Date: August 5, 1986 Applicant: Advance Stores Company, Incorporate Facility: 150,000 175,000 sq. ft. Warehouse and Distribution Center 4. 5. 6. Maximum amount of financing sought $ 5,000,000.00 Estimated taxable value of the facility's real property to be constructed in the municipality $ 3,185,000.00 Estimated real property tax per year using present tax rates $ 42,679.00 Estimated personal property tax per year using present tax rates $ 32,400.00 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 costs Estimated number of regular employees on year-round basis 200 * Average annual salary per e~loy?j ,000.00 ~h~rman of ~! ~ De~elo. pment ~e City of i~!nh naa *100 New in a five-year period August 13, 1986 File #207 Mr. Jack C. Smith, Chairman Industrial Development Authority 14 West Kirk Avenue Roanoke, Virginia 24011 Dear Mr. Smith: I am enclosing copy of Resolution No. 28288, pursuant to Executive Order No. 54(85) issued by the Governor of the Commonwealth of Virginia, January 23, 1985 and revised July 14, 1986, authorizing application by the City of Roanoke, Virginia, for additional bond issuing authority from the "State Reserve" as that term is defined in the Executive Order, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely. Mary F. Parker, CMC City Clerk HFP:se Enc o cc: Mr. Robert E. Glenn, Attorney, P. O. Box 2887 Roanoke, Virginia 24001 ' Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Hr. Joel M. Schlanger, Director of Finance Room 456 Municipal Building 215 ~D'~urch Avenue, S.W. Roonoke, Vlrglnlo 24011 (703) 98'1-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of August, 1986 Nc. ~ A RESOLUTION pursuant to Executive Order No. 54(85) issued by the Governor of the Commonwealth of Virginia, January 23, 1985 and revised July 14, 1986, authorizing application by the City of Roanoke, Virginia for additional bond issuing authority from the "State Reserve" as that term is defined in the Executive Order. WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the Authority), at special meetings held April 1, April 29, July 29, and August 5, 1986, considered certain projects for award of the City's "Local Allocation," as that term is defined in the Executive Order, and for recommendatlon that the City of Roanoke, Virginia apply to the Virginia Department of Housing and Community Development for additional bond issuing authority from the "State Reserve" as that term is defined in Executive Order No. 54(85) issued by the Governor of the Commonwealth of Virginia, January 23, 1985 and revised July 14, 1986; and WHEREAS, according to the July 14, 1986 revision of the Executive Order, the City's Local Allocation will revert to the State unless bonds issued pursuant thereto are closed on or before August 29, 1986; and WHEREAS, certain State Reserve allocations will expire on or before August 29, 1986; and WHEREAS, regarding pending federal threatened the ability of financed; and such a limited time constraint and uncertainty income tax legislation have certain said projects to be WHEREAS, the Authority, with the assistance of the Department of Planning and Economic Development, has made recommendations to the Council regarding such application; and WHEREAS, Council has carefully considered the relative merits of such projects and has found and now finds that each of them is of substantlal importance to the economic vitality of the City and the Roanoke Valley; BE IT RESOLVED, BY T}{E COUNCIL OF THE CITY OF RCANOKE, VIRGINIA: 1. The City Council, acting under the Authority of Section 103(n) of the Internal Revenue Code of 1954, and pursuant to Executive Order 54(85) issued January 23, 1985 and revised July 14, 1956, by the Governor of Virginia, hereby authorizes and directs the City Manager to make application tc the Virginia Department of Housing and Community Development for additional bond issuing authority from the State Reserve for the following projects as such projects are more specifically identified in notices for public hearings for April 1, April 29 and July 29, 1986, in the following amounts: 2 PROJECT Advance Stores Company, CSS Partnership Center Properties FiberCom, Inc. Orvis, Inc. Incorporated AMOUNT $5,000,000.00 5,000,000.00 950,000.00 900,000.00 4,500,000.00 2. This resolution shall take effect immediately upon its adoption. ATTEST: City Clerk 3 CITY OF ROANOKE I I'rI'ERDE PARTMENTAL COMMUNICATION DATE: August 11, 1986 TO: Mary F. Parker, City Clerk FROM: Wilburn C. Dibling, Jr., City Attorney ~ RE: State Reserve Allocations for Industrial Revenue Bonds I received today from Bob Glenn a substitute resolution for the resolution included in the agenda package under Item 4.a.5. I concur with Mr. Glenn's judgment that late developments require the consideration of this substitute resolution at tonight's Council meeting if local projects are to be protected. The substitute resolution has my approval as to form. WCDJr:ff cc: W. Robert Herbert, Brian J. Wishneff, City Manager Chief, Economic Development and Grants August 11, 1986 HAND DELIVERED Wilburn C. Dibling, Jr., Roanoke City Attorney 215 Church Avenue, S. W. Roanoke, Virginia 24011 Esq. Re: State Reserve Allocations for Industrial Revenue Bonds Dear Will: I enclose a proposed resolution which I would like to substitute for the resolutions to be considered by City Council at tonight's meeting which are identified on the agenda as Item 4.a.5. On July 14, 1986, the Governor issued a revised Executive Order under which all unused local allocations will revert to the State Reserve if not used by August 29, 1986. Closings have been delayed because banks and other purchasers of bonds have been faced with decisions regarding the desirability of purchasing such bonds caused by pending federal income tax legislation. It now appears that the CSS Project for renovation of the Miller & Rh6ads Building which has a local allocation of $4,495,000.00 and a State Reserve Allocation of $505,000.00 ~ay not be able to close'before the allocations expire. The same is true with the Center Properties Project which has a $950,000.00 State Reserve Allocation. In order to provide some protection for these projects, the revised resolution which we have enclosed would permit these projects to be included in the August 15 request for a State Reserve Allocation to replace allocations which would be lost at the end of this month. This procedure has been approved by the State. In the event that the projects are closed during August, the State would delete them from the request. GLENN, FLIPPIN, FELDMANN & DARBY Wilburn C. Dibling, August i1, 1986 Page 2 Jr., Esq. It was only at the end of last week that the State signified their approval of this procedure. Therefore, we were unable to take this action when our requests were submitted for the City Council agenda. I realize that this procedure is irregular, .but it is desirable to protect allocations for projects which are important to the City of Roanoke. I hope that you and Bob Herbert will concur with this procedure. Yours truly, Robert E. Glenn REG:lsd:042000 Enclosures cc: Mr. W. Robert Herbert w/enc. Ms. Mary F. Parker, Clerk w/enc. Mr. Brian J. Wishneff w/enc. Mr. Jack C. Smith w/enc. (14 sets) LAW O~FICES 0LENN, FLIPPIN, FELDNIANN ~c DARBY S~5 SHENANDOAH BUILDINO C I?" ~os~ o~xc~ ~ox ~oo) p '! .2 July 31, 1986 The Honorable Mayor and 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 & Mrs. Bowles: There are 3 items that we would like put on the agenda for the August 11, 1986 meeting as follows: Orris, Inc. FiberCom, Inc. Approval of a $4,500,000.00 Bond financing; Approval of a $900,000.00 supplemental Bond financing; and Save-X, U.S.A., Amendment of Bond issued 1981 Inc. to provide for a decreased interest rate. Enclosed are the usual 16 packets of information for each project from the Industrial Development Authority. Two of the above projects, Orvis and FiberCom, will need the City's assistance in seeking additional bond issuing authority from the State. Enclosed is a Resolution which would authorize the City Manager to make the necessary filings. Robert E. Glenn HMDJR: krb: 042063: 042054: 701000 Enclosures CC: Mr. W. Robert Herbert, w/encs. Wilburn C. Dibling, Jr., Esq., w/encs. Mr. Jack C. Smith, w/encs. Mr. Brian Wishneff, w/encs. LAW OFFICES GLENN, l?LIPPIN, FELDMANN ~c DAI~y" (?O3) 1344'3000 August 5, 1986 The Honorable Mayor and 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 & Mrs. Bowles: At the last minute, Advance Stores Company, Incorporated, has requested the Industrial Development Authority to hold a special meeting to allow it to file in the third quarter for additional bond issuing authority from the State Reserve, and in compliance with the company's request we are forwarding the usual Certificate as to Public Hearing as well as related documents (16 copies of each). Also enclosed is a resolution for City Council approving the issue and a resolution authorizing the City Manager to file for additional allocation on August 15, 1986. We certainly appreciate the courtesies extended by your Clerk's Office and by the City administration in allowing this request to be put on the agenda at the last minute. CordiallI ours, _ Robert E. Glenn HMDJR:krb:042066 CC: Advance Stores Company, Incorporated w/encs. Mr. Nicholas F. Taubman, President w/encs. John W. F. Haner, Esq. w/encs. Wilburn C. Dibling, Jr., Esq. w/encs. Mr. Brian J. Wishneff w/encs. Mr. W. Robert Herbert w/encs. Mr. Jack C. Smith w/encs. August 14, 1986 File #207 Mr. H. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report recommending that the State Reserve be requested to fund projects for Advance Stores Company, Inc., Orvis, Inc., and FiberCom, Inc., and that the request of Save-X, Inc. and Colonial American National Bank to amend the terms of the Note issued on August 5, 1981, be approved, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. On motion, duty seconded and unanimously adopted, Council con- curred in the recommendation. Sincerely, Mary F. Parker, CMC City Clerk MFP:se CC: Mr. Jack C. S.,ith, Chairman, Industrial Development Authority, 14 West Kirk Avenue, Roanoke, Virginia 24011 Mr. Robert E. Glenn, Attorney, p. O. 8ox 2887 Roanoke, Virginia 24001 ' Mr. Hilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Room 456 Municipal Building 2't 5 C~urch Av~nue, S.W. Roclnc~e, Virginia 240"1 ~1 (703) 98t-254~1 Roanoke, Virginia August 11, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: II. Subject: I. Background: Industrial Revenue Bond Allocation, State Reserve and Request for Amendment to Note Issued August 5, 1981 $192,000,000 is available for the third quarter in the State Reserve. Request must be received by the State no later than August 15, 1986. $10,400,000 in request for the State Reserve from three companies. They are as follows: 1. Advance Stores Co., Inc., (or their designee) $5,000,000 2. The Orvis Company, Inc. 4,500,000 3. Fibercom, Inc. 900,000 August 5, 1981, the Industrial Development Authority of the City of Roanoke, Virginia, (the Authority) issued its Industrial Development Revenue Note (Save-X, U.S.A., Inc. project) (the note) in the principal amount of $450,000, at a stated rate of 11 3/4%. Bank (Colonial American) and the purchaser (Save-X, Inc.) have agreed to amend the terms of the note to reduce the interest rate from 11 3/4% to 7% per year. Bank and purchaser have requested that the Authority amend the terms of the Note to carry out the terms of the agreement. City of Roanoke Industrial Development Authority met on July 29, 1986, to review the request for State allocation and the request to amend the Note, and to make a recommendation to City Council. Issues: A. Economic development efforts. B. Timing. III. Alternatives: .Cit~ Council request the State Reserve to fund the following projects 1. Advance Stores Co., Inc. (or their designee) $5,000,000 2. The Orvis Company, Inc. 4,500,000 3. Fibercom, Inc. 900,000 and that City Council approve the request by Save-X, Inc., and Colonial American National Bank to amend the terms of the Note issued August 5, 1981, to reduce the interest rate from 11 3/4% to 7%. Economic development efforts of the City are continued with the creation of new jobs and taxes by the proposed developments. Continued support of existing business is demonstrated. ~imin~. It is important for the request for State Reserve Allocation since all requests for the third quarter must be in Richmond by August 15, 1986. In addition, timing is important for the request of a Note amendment because an existing business is incurring an unnecessary cost. Cit~ Council not concur in the request. 1. Economic development efforts of the City will not occur to the fullest extent. .Timing. It is important for the request for State Reserve Allocation since all requests for the third quarter must be in Richmond by August 15, 1986. In addition, timing is important for the request of a Note amendment because an existing business is incurring an unnecessary cost. IV. Recommendation: It is recommended that City Council concur with Alternative A and request the State Reserve to fund the following projects 1. Advance Stores Co., Inc. (or their designee) 2. The Orvis Company, Inc. 3. Fibercom, Inc. $5,000,000 4,500,000 900,000 and that City Council approve the request by Save-X, Inc. and Colonial American National Bank to amend the terms of the Note issued on August 5, 1981, to reduce the interest rate from 11 3/4% to 7%. WRH:mpf cc: City Attorney Director of Finance Chief, Economic Development Respectfully submitted, W. Robert Herbert City Manager Chairman, Industrial Development Authority Counsel, Industrial Development Authority Office of the O~y O~ August 14, 1986 File #217 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to the Five-Year Capital Improvement Program, was before the Council of the City of Roanoke at a regu- lar meeting held on Monday, August 11, 1986. On motion, duly seconded and unanimously adopted, Council con- curred in your recommendation. Sincerely, ;lary F. Parker, CMC City Clerk MFP:se Room456 MunlcipalBullding 215 Church Av~Inue, S.W. Roanoke, Virglnla2401~ (703)981-2541 Roanoke, Virginia August 11, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Please reserve space on Council's agenda on Monday, August i1, 1986, for a briefing on the City of Roanoke's 5-Year Capital Improvement Program. W. Robert Herbert City Manager WRH:mp STATEMENT OF W. ROBERT HERBERT TO COUNCIL AUGUST il, 198~ 7:30 P.M. CAPITAL IMPROVEMENT PROGRAM ADJUSTMENTS MUST BE MADE IMPACT A SITUATION· IN PRESENTING IMRROVEMENT RROGRAM TO CITY COUNCIL, DATIONS BASED URON NEW CONDITIONS. 1. WHENEVER NEW CONDITIONS THE 1987-glFIVE-YEAR CAPITAL I AM MAKING ~'C't~'T-~FII~RECOMMEN- CONTINUE IMPLEMENTATION OF EXISTING, APPROVED FULLY-FUNDED PROJECTS TOTALING^$31,O~,~I3~AS AND ORIGINALLY SCHEDULED. MONITOR THE FINANCIAL CONDITIONS OF THE GENERAL FUND OPERATING REVENUES AND EXPENDITURES TO DETERMINE THE IMPACT OF THE FEDERAL/STATE LEGISLATION AND^LOCAL REVENUE RECEIPTS AS THEY OCCUR. THESE 3. PLAN FOR A DATE. 2 PLAN FOR A BOND SALE ON OR AFTER JULY 1988, IF FINANCIAL CLIMATE IS ADVANTAGEOUS. RECOMMENDATIONS ARE BASED UPON (2) (3) BUILDING, COMPLETION OF THE NEED TO PRCVIDE FOR ADDITIONAL RECOGNITION OF FUNDING FOR (1) CONTINUATION OF THE CONSTRUCTION OF THE WILLIAMSON ROAD STORM ~ ~RAINAGE PROGRAM, EXPANSION OF THE REGIONAL AIRPORT TERMINAL SPORTS COMPLEX CHANGES IN PROJECT FUNDING PRIORITIES HAVE OCCURRED. THE FOLLOWING PRO3ECTS HAVE BECOME BOND REFERENDUM IN NOVEMBER 1987, TO BE ACTED UPON BY CITY COUNCIL IN AUGUST 1987, IN AN AMOUNT TO BE DETERMINED AT THAT TIME BASED UPON THE UPDATED CAPITAL IMPROVEMENT PROGRAM NEEDS AND FINANCIAL CAPACITY AT THAT THEIR SAFETY/WELFARE AND TOP FUNDING PRIORITIES BECAUSE OF RELATIONSHIP TO PUBLIC ECONOMIC DEVELOPMENT. (1) RECONSTRUCTION OF THE BOX CULVERT AT WASHINGTON PARK, (2) THE LICK RUN ~ BASIN, (3) THE SITE DEVELOPMENT OF THE ROANOKE CENTER FOR INDUSTRY AND TECHNOLOGY, AND (4) THE WEST COUNTY REGIONAL WATER SUPPLY IT IS NOW IMPORTANT TO RECOGNIZE THAT NOT ALL OF THE ASSUMPTIONS MADE IN AUGUST 1984 HAVE MATERIALIZED: / fie (1) THE ANNUAL 6% GROWTH R~TE IN GENERAL REVENUES, (2) THE~IMPACT OF VALLEY VIEW MALL ON SALES TAX,~ec~ (3) THE USE OF NEW REVENUE SOURCES TO EXPAND OR ESTABLISH PROGRAMS, (4) ADDITIONALLY, GENERAL REVENUE SHARING, USED FOR POLICE AND FIRE SALARIES TOTALING $2.6 MILLION, HAS BEEN ELIMINATED FROM GENERAL FUND. VALLEY, -'--FEDERAL AND STATE THE BUSINESS CLIMATE, WHILE POSITIVE IN THE ROANOKE IS SOMEWHAT NEBULOUS /Nmi~), DUE TO THE UNKNOWN EFFECT OF BUDGETS AND PENDING FEDERAL LEGISLATION DEALING WITH TAX REFORM. I A~ NOT RECOMMENDING THAT WE RETeEAT FROM OUR PLANS. I AM RECOMMENDING THAT WE MAINTAIN A READY POSITION SO THAT OUR CONTINUED HISTORY OF FISCAL RESPONSIBILITY AND SELF-DETERMINATION IS OBVIOUS TO THE FINANCIAL WORLD AS WELL AS TO OUR CITIZENS. WE HAVE EMBARKED ON A CONTROLLED PROCESS OF GROWTH AND STABILITY. WE ARE IN AN EXCELLENT POSITION TO CONTINUE WMAT HAS BEEN BEGUN AN_._D TO PLAN FOR WHAT WE NEED ~ IN AN ORDERLY F~SHION. BY ~ THE EXPANSION OF OUR BOND DEBT"ONE YEAR, WE CAN REMAIN THAT EMERGES. RECOGNIZED BY OUR CITIZENS RESPONSIBLE STEWARDS IN THE AD~. IN CONTROL REGARDLESS OF THE ECONOMIC SITUATION WE WILL HAVE DEMONSTRATED OUR RIGHT TO BE AND THE FINANCIAL COMMUNITY AS FIELD OF LOCAL GOVERNMENT, Roanoke, Virginia August 11, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Continuation of a Roadway System at the Roanoke Centre for Industry and Technology Please reserve space on Council's agenda of Monday, August 11, 1986, for a report on the above referenced matter. Respectfully submitted, W. Robert Herbert City Manager HBE:RKB:sef August 14, 1986 File #255-515 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of drdinance No. 28289, authorizi'ng execution of an Agreement among the City, Greater Roanoke Transit Company (GRTC) and CSS Partnership (CSS) by which GRTC and the City will make available to CSS, upon certain terms and conditions, up to t00 permits for unreserved parking spaces for five years in the Campbell Court Parking Garage and the Municipal Parking Garage sufficient to accommodate the expected demand for parking to be generated by the renovation of the former Miller & Rhoads Building, which is to be undertaken by CSS, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Si ncer el y, Mary F. Parker, CHC City Clerk MFP:se Enco cc: CSS Partnership, c/o Mr. Robert E. Glenn, Attorney, p. O. Box 2887, Roanoke, Virginia 24001 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Brian J. ~ishneff, Chief of Economic Development and Mr. Stephen A. Mancuso, General Manager, Valley Metro, P. O. Box 13247, Roanoke, Virginia 24032 Grants Room 456 Municipal Building 215 Church Avenue, S.W. I:l~:~anoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGI~JIA, The llth day of August, 1986. No. 28289. AN ORDINA}ICE authorizing execution of an Agreement among the City, Greater Roanoke Transit Company (Ggi'C) and CSS Partnership (CSS) by which GRTC and the City will make available to CSS, upon certain terms and conditions~ up to 100 permits for unreserved parking spaces for five years in the Campbell Court Parking Garage and the ~mnicipal Parking Garage sufficient to acco~nodate the expected demand I'or park- ing to be generated by the renovation of the former Miller & Rhoads Building, which is to be undertaken by CSS; and providing, for an emergency. and BE IT ORDAINED by the Council of the City of 1. The City Manager and the City Clerk are on behalf of the City to execute and to seal Roanoke that. hereby authorized for and attest, respee- tively, an Agreement among the City, G~FC and CSS pertaining to the provision of up to 100 permits for parking spaces in the Campbell Court Parking Garage and the ~lunicipal Parkin~ Garage for five years, upon those certain terms and conditions, and for tile reasons set forth in the City Manager's report to Council dated August 11, 1986. 2. The Agreement shall be approved as to form by the City Attorney 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and t~is ordi- nance shall be in full force and effect upon its passage. AT'£EST: City Clerk. Roanoke, Virginia August 11, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Parking Agreement with City of Roanoke, CSS Partnership, and GRTC I. Back~round: ae CSS Partnership (T. D. Steele and Roger Steele) is investing $5,000,000 in purchase and renovation of the former Miller and Rhoads building at Campbell Avenue and First Street, S.W. Be City Council has approved a local allocation of Industrial Development Bonds in the amount of $4,495,000 for the CSS Partnership project. Ce CSS Partnership has also received an allocation of $505,000 from the State Reserve. De CSS Partnership has requested that the City of Roanoke and GRTC assist in making available up to 100 parking permits in the Municipal Parking Garage on Campbell Avenue, S.W. and in the Campbell Court Parking Garage on Campbell Avenue, S.W. between Jefferson Street and First Street. This request is for a period of five years. CSS Partnership would pay the City, during the five year period, a monthly fee equal to 40% of the then market value of their permits for each parking permit not actually being used. Should certificates of occupancy for the renovated building be issued for less than the entire building, CSS Partnership will pay at a rate based on a "prorated" formula (complete description is outlined in Item 3 of the Agreement, copy of which is attached). At the time certificates of occupancy have been issued for 50% or more of the building, CSS Partnership shall pay the 40% for each parking permit not actually being used pursuant to the Agreement. II. Current Situation: A legally bindin~ contract which meets the approval of the CSS Partnership, City administration, and GRTC has been developed (copy attached). III. Issues: A. Revitalization of downtown Roanoke. B. Space availability. C. Timing. IV. Alternatives: A. Authorize the City Manager to execute the contract with CSS Partnership. 1. Revitalization of downtown Roanoke will continue to be positive in that CSS Partnership will be able to attract new businesses and employees to the Central Business District. 2. Space availability will permit this commitment. 3. Timing is important in that CSS Partnership will be better prepared to answer questions potential tenants will have regarding availability of parking. B. Do not authorize the City Manager to execute the contract with CSS Partnership. 1. Revitalization of downtown Roanoke would be restricted. 2. Space availability will continue until such time as individual patrons or firms contract for the space. 2. Timing is important because potential tenants will need to know about the availability of parking. V. Recommendation: It is recommended that City Council authorize the City Manager to execute the contract between the City of Roanoke, GRTC and CSS Partnership. Respectfully submitted, W. Robert Herbert City Manager WRH:PFS:mpf attachment cc: City Attorney Director of Finance Director of Utilities and Operations Chief of Economic Development General Manager, GRTC Counsel, CSS Partnership AGREEMENT THIS AGREEME~£, made this day of 1986, by and among the CITY OF ROANOKE, VIRGINIA, hereinafter referred to as the "City", the GREATER ROANOKE I~ANSIT CO~ANY, hereinafter referred to as "GRTC", and CSS PARTNERSHIP, a partne?ship existing under the laws of the Commonwealth of Virginia. W I TN E S SETH: ¥~HEREAS, the City owns the I~lunicipal Parking Garage at the corner of First Street and Church Avenue, S. W., in the City of Roanoke, and the GRTC owns the Campbell Court Parking Garage on Campbell Avenue, S. W., between Jefferson Street and First Street, and these parties desire to make available to CSS Partnership permits for sufficient parking in the said garages to accommodate the expected demand for parking to be generated by the renovation of the former Miller & Rhoads Building on Campbell Avenue, S. W., by CSS Partnership, which renovation is not feasible without adequate provision being made for parking for tenants thereof; and WHEREAS, the renovation of the former Miller & Rhoads Building will be an important part of efforts being made to revitalize the downtown area of the City. NOW, THEREFORE, in consideration of the premises and the covenants hereinafter contained, the City, the GRTC agree as follows: 1. PARKING PERMITS. Subject to the and CSS Partnership hereby terms and conditions of this Agreement, the City and the GRTC agree to make available to CSS Part- nership for a period of five (5) years up to one hundred (100) permits for unreserved parking spaces within the City's ~nicipal Parking Garage and the GRTC's Campbell Court Parking Garage. ~ile it is anticipated by the City and the GRTC that fifty to sixty (50 to 60) of the permits will be made available in the Campbell Court Parking Garage, the City and GRTC reserve the right to establish between themselves from time to time what proportion of the actual permits covered by this Agreement will be issued for each of the two garages. The permits will entitle the holder to entry into one or the other of the two garages, but will not entitle the permittee to a reserved parking space. 2. CONTINGENCY. The terms and conditions of this Agreement are contingent upon CSS Partnership purchasing and substantially renovat- ing the former Miller & Rhoads Building on Campbell Avenue, S. W., for use as a commercial and office building. The during which the parking permits described in available shall commence on the date that five (5) year period Paragraph i will be made either a temporary or final the renovated office building, or part certificate of occupancy for thereof, is issued. 3. PAYMEnt. During the five (5) year period during which the parking permits described in Paragraph 1 will be made available, CSS Partnership agrees to pay to the City and GRTC, at their direction, a monthly fee equal to forty percent (40%) of the then market value of these permits, as determined by the City and GRTC, for each parking permit not actually being used pursuant to this Agreement. Should certificates of occupancy for the renovated building be issued for less than the entire building, CSS Partnership's obligation to pay this fee shall be based on the number of permits determined by multi- plying the number of permits subject to this Agreement (100) by the percentage of the building covered by either a temporary or final certificate of occupancy times two (2), and deducting the number of permits issued to CSS and its tenants under this Agreement. By way of example, if twenty (20) percent of th~ ~uilding is covered by a certificate of occupancy, and twenty (20) permits have been issued to tenants under this Agreement. CSS Partnership would be obligated to pay a fee determined by multiplying 100 times 20% times 2 = 40 20 (the nnmber of permits issued) = 20. At the time the certifi- cates of occupancy have been issued for fifty (50) percent or more of the building, CSS Partnership shall pay the forty (40) percent fee for each parking permit not actually being used pursuant to this Agreement. At the time CSS Partnership is to this Agreement, the full market GRTC, shall be paid for each parking permit. Payments made pursuant to this Agreement by CSS Partnership shall be made monthly, in advance, within five (5) days of billing by tile City and GRTC. The initial and final monthly payments shall be prorated if the five (5) year period during which the parking permits described in Paragraph 1 will be made available commences on other than the first day of a month. 4. NOTICE. CSS Partnership shall give the City and GRTC writ- issued a parking permit pursuant rate, as determined by the City and for per- can provide ten notice at least sixty (60) days in advance of its need mits, in order that the City and GRTC can ensure that they adequate permits pursuant to this Agreement. - 3 5. ASSIGNME}~. CSS Partnership shall not assign any parking permits covered by this Agreement to any person or entity other than tenants of the renovated former Miller & Rhoads Building. CSS Partner- ship shall not assign its rights under this Agreement without the prior written consent of the City and GR~C~. 6. RIGHT TO RE~EGOTIATE. Should the City or GRTC ever construct additional parking decks at GRTC's Campbell Court Parking Garage, CSS Partnership shall have the right to renegotiate the allocation of permits to it pursuant to this Agreement, and the location of the parking spaces involved, and it shall have the right to negotiate for additional permits for its use. 7. USE OF GARAGES. Users of any permits issued pursuant to this Agreement shall be bound by the rules and regulations promulgated by the City and GRTC and their management agents, if any, for the use and operation of the respective parking garages. 8. TERMINATION. CSS Partnership may terminate this Agreement at any time by giving three months prior notice to the City and GRTC. The City or GRTC may terminate this Agreement upon giving fifteen (15) days notice to CSS Partnership that its payments pursuant to this Agreement are more than two (2) months in arrears. 9. NOTICE AND PAYME}~. Any written notice or communications re- quired to be given to or by, or served upon, the respective parties hereto shall be deemed to be sufficiently given or served by mailin§ the same, properly addressed and stamped to such party or parties by United States registered or certified mail. Until new addresses shall be given, the addresses for the respective parties for the pur- pose of such notices or communications shall be: - 4 - CITY OF ROANOKE: City Manager 364 5~nicipal Building Roanoke, Virginia 24011 GREATER ROANOKE TRANSIT COMPANY: General Manager P. O. Box 1~247 Roanoke,. Virginia 24032 CSS PARTNERSHIP: ATTEST: CITY OF ROANOKE, VIRGINIA City By City Manager ATTEST: GREATER ROANOKE Te~Nsrr COMPANY Secretary By General Manager WITNESS: CSS PARTNERSHIP By. - 5 - August 14, 1986 File #27 Mr. and Mrs. Jerry L. Parker 4314 Old Spanish Trail, N. W. Apartment 10 Roanoke, Virginia 24017 Dear Mr. and Mrs. ParKer: I am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed by the City for the construction of the Lick Run Dry Basin; authorizing the City Manager to establish to a certain limit the consideration to be offered by the city for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. Room456 MunictpalBuildlng 2150'~urchAv~nue, S.W.l:~oclnc~e, Vlrglnla24011 (703)981-2541 August 14, 1986 File #27 Mr. and Mrs. Warren Lee Robinson 1330 Patterson Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. and Mrs. Robinson: I am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed by the City for the construction of the Lick Run Dry Basin; authorizing the City Manager to establish to a certain limit the consideration to be offered by the city for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. Room 456 Municipal Building 215 (~urch Avenue, S.W. Roanoke. ~rginla 2,4011 (703) 981-2,,~1.1 August la, 1986 File #27 Mr. Beverly Wayne Burch P. O. Box 14054 Roanoke, Virginia 24038 Dear Mr. 8urch: I am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed by the City for the construction of the Lick Run Dry Basin; authorizing the City Manager to establish to a certain limit the consideration to be offered by the city for each parcel: providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room 456 MunJcipol Building 215 C~urda Avenue, 5.W. Roonoke, Virginia 24011 (703) 98t-2541 August 14, 1986 File #27 Ms. Jean G. Allman c/o Ms. Vera E. Matthews 1606 Downing Street, N. W. Roanoke, Virginia 24012 Dear Ms. Allman: I am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed by the City for the construction of the Lick Run Dry Basin; authorizing the City Manager to establish to a certain limit the consideration to be offered by the city for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting meld on Monday, August 11, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. Room4,56 MunlclpalBullding 2'lS Church Avenue, S.W. Roanc~e, Vlrglnla24011 (703)98t-254"1 Office of the City Clerk August 14, 1986 File g27 Mr. Decker M. Amos c/o Mr. & Mrs. Robert Lewis 920 8th Street, N. W. Roanoke, Virginia 24016 Dear Mr. Amos: I am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed by the City for the construction of the Lick Run Dry Basin: authorizing the City Manager to establish to a certain limit the consideration to be offered by the city for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday August 11 1986. ' , Sincerely, Mary F. Parker, C~lC City Clerk MFP:se E~C. Room456 Municll::~alBullding 2150'~urchAve~ue, S.W. Roonoke,'Vlrglnla24011 (703)g8t.2,,~1 August 14, 1986 File #27 Ms. Sarah A. Roberts 1736 Greenwood Road, S. W. Roanoke, Virginia 24015 Dear Ms. Roberts: I am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed by the City for the construction of the Lick Run Dry Basin; authorizing the City Manager to establish to a certain limit the consideration to be offered by the city for each parcel; providing for the City's acquisition of such real estate Dy condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday August 11, 1986. ' Si ncerely, Mary F. Parker, CMC City Clerk MFP:se Eno. Room 456 Municipal Building 2t5 Church Av~lue, $.W. I~oonc~e. 'Virginia 24011 (703) 981-2541 August 14, 1986 File #27 Mr. and Mrs. David Wayne RFD 4, Box 424 Moneta, Virginia 24121 Anderson Dear ~4r. and Mrs. Anders.on: I am ~nclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed Dy the City for the construction of the Lick Run Dry Basin; authorizing the City Hanager to establish to a certain limit the consideration to be offered Dy the city for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, which Ordinance was adopted Dy the Council of the City of Roanoke at a regular meeting held on Monday August 11 1986. ' ' Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eno, Room 456 Municipal Building 2'I 5 Church Avenue, $.W. P, oano~e, ¥1rglnla 24011 (703) 98'1-2541 August 14, 1986 File #27 Howard E. Sigmon Estate c/o Mr. Thomas T. Lawson, Attorney 105 Franklin Road, S. Roanoke, Virginia 24011 Dear Mr. Lawson : ! am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed hy the City for the construction of the Lick Run Dry Basin; authorizing the City Manager to establish to a certain limit the consideration to be offered by t~e city for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday August 11 1986. ' · Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. Room 456 Municipal Building 215 Church Avenue, S.W. P, oonol~, Vlrglnlo 24011 (703) 981-254'1 August 14, 1986 File #27 Mr. and Mrs. Joshua S. Casey 1318 Abbott Street, N. W. Roanoke, Virginia 24017 Dear Mr. and ~.rs. Casey: I am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed by the City for the construction of the Lick Run Dry Basin; authoFizing the City Manager to establish to a certain limit the consideration to be offered by the city for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday August 11 1986. ' ' Sincerely, Piary F. Parker, CMC City Clerk HFP:se Enc. Room456 MunlcipalDuildlng 215C~urchAve~ue, S.W.l~x~e,~rglnia24011 (703)981-25~,1 Office of the City August 14, 1986 File #27 Mr. Dave H. Pannell 4046 Guernsey Lane, N. W. Roanoke, Virginia 24017 Dear Mr. Pannell : I am enclosing copy or'Ordinance No. 28291, providing for the acquisition of real estate needed by the City for the construction of the Lick Run Dry Basin; authorizing the City Manager to establish to a certain limit the consideration to be offered by the city for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, which Ordinance was adopted by t~e Council of the City of Roanoke at a regular meeting held on Monday August tl 1986. ' ' Si ncer ely, ~lary F. Parker, CMC City Clerk MFP:se Eric. Room456 MunlcipalBuildlng 215C~urchAve~ue, S.W. Roanoke, Vlrglnla24011 (703)98t-2541 August 14, 1986 File #27 Mr. Leon T. McGhee 1816 Pembrook Drive Vinton, Virginia 24179 Dear Mr. McGhee : I am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed by the City for the construction of the Lick Run Dry Basin; authorizing the City Manager to establish to a certain limit the consideration to be offered by the city for each parcel; providing for the City's acquisition of such real estate by condemnation, ,~nder certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Si ricer el y, Mary F. Parker, CI1C City Clerk ~lFP:se Eric. Room 456 Munk:ll:X~l Building 215 Church Avenue, S.W. P, oonoke, 'Virginia 24011 (703) 98"1-2541 August 14, 1986 File #27 Estate of Charlie Franklin Black c/o Mrs. Ruth Eades 4561 Lewiston Street, N. W. Roanoke, Virginia 24017 Dear Mrs. Eades: I am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed by the City for t~e construction of the Lick Run Dry Basin; authorizing the City Manager to establish to a certain limit t~e consideration to be offered by the city for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this oreinance to the pro- perty owners, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, Nary F. Parker, C!lC City Clerk ~!FP:se Eric. 456 Municipal Building 215 Church A',~nue, S.W. Roanoke, Virginia 2,40t I (70~) 981-2541 Office of the City (~erk August 14, 1986 File #27 Mr. and Mrs. Charles T. Bland 935 Shadeland Avenue, N. W. Roanoke, Virginia 24012 Dear Mr. and Hrs. Bland: I am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed by the City for the construction of the Lick Run Dry Basin; authorizing the City Manager to establish to a certain limit the consideration to be offered by the city for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances: authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project: and directing the mailing of this ordinance to the pro- perty owners, ~vhich Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday August 11 1986. ' , Si ncer ely, Mary F. Parker, CMC City Clerk ~FP:se Enc. Room456 MunlclpolBulldlng 215 Church Avenue, S.W. I1oanoke, Vlrglnlo24011 (703)98'1-2541 August 14, 1986 Fi 1 e #27 Mr. and Mrs. Jerry Wayne Spangler 3460 Princeton Circle, N. E. Roanoke, Virginia 24012 Dear Mr. and Mrs. Spangler: I am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed by the City for the construction of the Lick Run Dry Basin; authorizing the City Manager to establish to a certain limit the consideration to be offered by the city for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday August 11, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. Room 456 Municipal Building 215 Churc~ Av~'~ue, S.W. I~oonoke, Vlrglnlo 24011 (703) 981-2541 August 14, 1986 File #27 Mr. and Mrs. Charles A. Paxton 5300 Hawthorne Road Roanoke, Virginia 24012 Dear Mr. and Mrs. Paxton: I am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed by the City for the construction of the Lick Run Dry Basin; authorizing the City Manager to establish to a certain limit the consideration to be offered by the city for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday August 11, 1986. ' Sincerely, Nary F. Parker, CMC City Clerk MFP:se Eric. Room456 MunlcipolBullding 2¢5 Church Av~nue, S.W. Roanoi~,Vlrglnla24011 (703)98t-2541 Oflt~e of ft'le Oly August 14, 1986 File #27 Ms. Shirley P. Correll Mr. Andrew Johnson, Jr. 1132 Jamison Avenue, S. E. Roanoke, Virginia 24013 Dear Ms. Correll and Mr. Johnson: I am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed by the City for the construction of the Lick Run Dry Basin; authorizing the City Manager to. establish to a certain limit the consideration to be offered by the city for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the auard of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday August 11 1986. ' ' Sincerely, Mary F. Parker, CHC City Clerk MFP:se Eric. Room456 MunlcipalBuilding 215 Church Av~'~ue, S.W. Roono~e, Vlrglnla24011 (703)981-254t Office o~ the Oh? Oe~'k August 14, 1986 File ~27 Ms. Jimmie D. Journette 3852 Woodleigh Road Roanoke, Virginia 24017 Dear Ms. Journette: I am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed by the City for the construction of the Lick Run Dry Basin; authorizing the City Manager to establish to a certain limit the consideration to be offered Dy the city for each parcel: providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, Mary F. Parker, CMC City Clerk IIFP:se Enc. Room456 MunlclpalBullding 2~SChurchAve~ue, S.W.l~:~ano~,,VIrglnla24011 (703)98t-254t August 14, 1986 File #27 Mr. Eldridge D. Wilson Ms. Anneliese S. Wilson 1731 16th Street, S. E. Roanoke, Virginia 24029 Dear Mr. and Ms. ~¢ilson: I am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed by the City for the construction of the Lick Run Dry Basin; authorizing the City Manager to establish to a certain limit the consideration to oe offered by the city for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances: authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, w~ich Ordinance was adopted by t~e Council of the City of Roanoke at a regular meeting held on Monday August 11 1986. , , Sincerely, Mary F. Parker, CMC City ¢1 erk MFP:se Eric. Room 456 Municipal Building 215 Church Avw~'~ue, S.W. Roanoke, Virginia 2~t I (703) 981-2541 O~e ~ ~e O~ Oe~ August 14, 1986 File #27 Mr. Cleatis R. Sisson, et ux RFD 3, Box 92 Salem, Virginia 24153 Dear Mr. Sisson: I am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate neeoed Oy the City for the construction of the Lick Run Dry Basin; authorizing the City Manager to establish to a certain limit the consideration to be offered by the city for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se E~C. Room 456 Municipal Building 215 C~urch Avenue, S,W. I~,anoke, Virginia 24011 (703) 981-2541 August 14, 1986 File #27 4-R Enterprises c/o Mr. J. Hunter Roberts Mastin, Kirktand & Bolling, 4225 Colonial Avenue, S. H. Roanoke, Virginia 24018 Inc. Dear Mr. Roberts: I am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed by the City for the construction of the Lick Run Dry Basin; authorizing the City Manager to establish to a certain limit the consideration to be offered by the city for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday August 11 1986. , · Sincerely, Mary F. Parker., CMC City Clerk MFP:se Eric. Room456 Municil:x:,lBuildlng 215 Church Ave~ue, S.W. Roonoi~,¥1rginlo2,4011 (703)98'f-2541 August t4, 1986 File #27 Mr. and Mrs. Darrell R. Nelson 4023 Buck Mountain Road Roanoke, Virginia 24014 Dear Mr. and Mrs. Nelson.: I am enclosing copy of Ordinance No. 28291, providing for the acquisition of real estate needed by the City for the construction of the Lick Run Dry Basin; authorizing the City Manager to establish to a certain limit the consideration to be offered Dy the city for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the pro- perty owners, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on ~ionday August 11 1986. ' ' Sincmreiy, Mary F. Parker, CMC City Clerk MFP:se Enc. Room 456 Municipal Building 215 (}huroh Avenue, S.W. Roanoke, Vlrglnlo 2a,01 t (703) 981-254t August 14, 1986 File #27 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear ~4r. Herbert: I am attaching copy of Ordinance No. 28291, providing for the acquisition of real estate needed by the City for the construction of the Lick Run Dry Basin; authorizing you to establish to a cer- tain limit the consideration to be offered by the city for each parcel; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and directing the mailing of this ordinance to the property owners, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, ~ary F. Parker, CMC City Clerk MFP:se Enc . 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. Richard V. Hamilton, Real Estate Agent Mr. Kit B. Kiser, Director of Utilities and Operations Room 456 Municipal Building 215 O~urch A~'",ue, S.W. 1~3anoke, Virginia 24011 (703) 981-2541 IN '£HE COUNCIL OF TftE CITY OF ROANOKE, VIRGIrIIA, The llth day of August, 1986. No. 28291. AN ORDINANCE providing for the acquisition needed by the City for the construction of the Basin; authorizing the City Manager to establish limit the consideration to be offered by the city cel; providing for the City's acquisition of such of real estate Lick Run Dry to a certain for each par- real estate by condemnation, under certain circumstances; authorizin~ the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project, directin~ the mailing of this ordinance to the property owners; and providin~ for an emergency. BE [T Ot[DAINED by the Council of the City of Roanoke that: 1. For the construction of the Lick Run Dry Basin in this City, the City wants and needs the 24 parcels listed in the report of tile City 5lanager on this subject, dated August 11, 1986, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from tile respec- tive owners the necessary real estate with appropriate ancillary rights with respect to such 24 parcels, for such consideration as the City Manager may deem appropriate, set out below and subject 2. The City Manager City to the owners of each such consideration subject to the limitation to applicable statutory ~uidelines. is directed to offer on behalf of the of the aforesaid interests in land as he deems appropriate; provided, however, the total consideration offered or expended $510,350.00 without further authorization of acceptance of any offer and upon delivery to shall not exceed Council. Upon the 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 con- siderations to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate to be acquired or should any o~¢ner 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 iega! pro- ceedin~s to acquire for the City the appropriate real estate. 4. In instituting or conducting any condemnation pro- ceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to §~5-46.8, Code of Virginia (1950), as amended, ~rantin~ to the City a right of entry for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, is authorized and directed to draw and pay into court the sums offered to the respective owners. 5. The City Clerk is directed to mail a copy of this ordi- nance to each property ov~er. 6. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passa§e. ATTEST: City Clerk. August 14, 1986 File #60-27 Mr. Joel H. Schlanger Director of Finance Roanoke, Virginia Oear Mr. Schlanger: I am attaching copy of Ordinance No. 28290, amending and reor- daining certain sections of the 1986-87 Capital Projects Fund Appropriations, to provide for the transfer of $641,110.00 in connection with the acquisition of twenty-four properties between the westerly boundary of ~ashington Park and loth Street, N. W., for the Lick Run dry basin, in order to retain storm water wben necessary, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1956. Sincerely, ~lary F. Parker, CtlC City Clerk MFP:se EriC. cc: Mr. W. Robert Herbert, City Manager Hr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Richard V. Hamilton, Real Estate Agent ~!r. Kit B. Kiser, Director of Utilities and Operations Room456 MuniclpalBuildlng 215ChurchAv~,~ue,$.W. Roono~e, Vlrglnia24011 (703)98~1.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1986. No. 28290. 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 Capital Improvement Reserve Williamson Road Storm Drain (1) .................. Sanitation Lick Run Retention Pond (2) ...................... $ 9,878,060 618,626 7,714,882 641,110 (1) Wmsn. Road Storm Drain (A008-052-9575-9t79) $(641,110) (2) Approp. from General Rev. (A008-052-9582-9003) 641,110 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia August 11, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Subject: Storm Drainage Improvement Project Lick Run Dry Basin Dear Members of Council: I. Background: Flood of November 4, 1985, in some areas in excess of a lO0-year flood, caused severe flooding along Lick Run east of 10th Street, N.W. Ail properties on both sides of Shadeland Avenue, N.W., which parallels Lick Run, and properties between the end of the street and Washington Park were affected by high water. Washington Park Box Culvert, located downstream of the Shadeland Avenue Area, is 1500 feet in length and in some places is buried under 60 feet of garbage. This culvert could not, nor could most well designed culverts, pass the amount of water runoff that was experienced during the flood of November 1985. II. Current Situation: me Washington Park Box Culvert cannot economically be expected to pass more than a 10-year flood. No larger increase in capacity is economically feasible. lO0-Year Flood can be retained above the box culvert. The box culvert will be utilized to convey normal stream flow in conjunc- tion with a dry basin immediately up stream from it having the capability of retaining in conjunction with other retention facilities further upstream, a 100-year flood. Dry Basin of the size needed to retain the 100-year flood will require the acquisition of all properties (approximately thirty (30) to forty (40) properties,) or portions of properties between Washington Park, 10th Street, N.W., Lick Run and the rear property line of all properties on the northerly side of Shadeland Avenue, N.W. This area includes every property facing on Shadeland Avenue, N.W. Page 2 Initial acquisition of properties is of those on Shadeland Avenue, N.W. containing residential structures. This phase involves twenty-four (24) properties (see Attachment "A"). The total fair market value of these properties, established by an indepen- dent appraiser, is $510,350.00. The cost of the appraisals was $10,760.00. Demolition of the structures involved in this phase is estimated to cost $60,000.00. Second property acquisition phas~ involves all other properties, or portions of properties, needed to provide the land area necessary for the dry basin. These properties are estimated to cost approximately $50,000.00. Additional appraisal costs should be approximately $5,000.00 and demolition costs should be approxi- mately $5,000.00. After plans are finalized and the precise needs of the City can be identified, Council will be requested to authorize these additional acquisitions. III. Issues: A. Need. B. Timing. C. Cost to City. D. Reduction of Hazard Potentis]. E. Funding. IV. Alternatives: ~ity Council authorize the acquisition of all properties presently known to be necessary to provide a dry basin to retain storm water when necessary west of Washington Park capable, in conjunction with other upstream retention facilities, in place or to be established, of retaining a lO0-year storm: 1. Need for land area large enough to contain the dry basin is met. Timin~ to proceed with acquisition of private properties in flood-prone area as rapidly as possible is met. Cost to City for present and future land acquisition and demo- lition of structures is estimated to be at least $641,110.00. Reduction of hazard potential from flooding in immediate area and downstream is accomplished. Page 3 Funding of land acquisition will be from Capital Improvement Reserve, Account No. 008-052-9575-9179, Williamson Road Storm Drains, to be transferred into an account to be established by the Director of Finance called Lick Run Dry Basin. B. City Council not authorize the acquisition of properties needed for the Lick Run Dry Basin: 1. Need for land area large enough to contain the basin not met. 2. Timing to proceed with acquisition of flood-prone area as rapidly as possible is not met. Cost to City or its citizens, can only be estimated at the potential cost of any damage occurring in the future from flooding in the lower drainage area. 4. Reduction of hazard potential from flooding in area is not accomplished. 5. Funding for potential costs (not identifiable). V. Recommendation: City Council authorize the acquisition of twenty four (24) pro- perties between the westerly boundary of Washington Park and 10th Street, N.W. in accordance with Alternative "A" and as identified in Attachment "A". Authorize the transfer of $641,110.00 from account number 008-052-9575-9179, Williamson Road Storm Drains, to an account to be established by the Director of Finance. Respectfully submitted, City Manager WRH:RVH:sef Attachments CC: City Attorney Director of Finance Director of Public Works City Engineer ATTACHMENT "A" LICK RUN RETENTION POND PROPERTIES TO BE ACQUIRED IN THE INITIAL ACQUISITION PHASE: (Owner identification subject to change) Tax Numbers: Property Owners: 2050409 J.L. & Irene Parker 2050410 W.G. & J. Y. Robinson 2050411 B.W. Burch 2050412 Jean G. Allman 2050413 Phyllis C. Amos 2050414 Sarah A. Roberts 2050415 & 16 D.W. Anderson 2050417 Howard E. Sigmon Estate 2050308 Joshua S. Casey 2050310 Dave H. Pannell 2050311 Leon T. McGhee 2050312 Charlie F. Black 2050313 Charles T. Bland 2050314 J.W. & C. S. Spangler 2050315 Sarah A. Roberts 2050316 Charles A. Paxton 2050317 Andrew J. Correll, Jr. 2050318 Jimmie D. Journette 2050319 Leon T. McGhee 2050320 Anneliese Stein 2050321 Cleatis R. Sisson, et ux 2050322 4-R Enterprises 2050323 Darrell R. Nelson Total Pair Market Value: $510~350.00 £o~o$o~ ~ 2 August 14, 1986 File #60-72-305 Mr. Joel ~I. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28292, amending and reor- daining certain sections of the 1986-87 General Fund Appropriation Ordinance, to provide for the appropriation of funds received from the United States Department of Agriculture to the Crisis Intervention Center, Juvenile Probation House, and Juvenile Detentinn Home, to be used for their respective food service programs, which ()rdinance was adopted by the Council of the City of RoanoKe at a regular meeting held on Monday, August 11, 1986. Si ncer ely, Mary F. Parker, CMC City Clerk MFP:se E~lc o cc: Mr Mr Mr Ms Mr W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Ritchie, Director of Human Resources Jack E. Trent, Manager, Juvenile Probation House Andrea B. Krochalis, Manager, Crisis Intervention Center Robert F. Hyatt, Manager, Juvenile Detention Home Roorn456 Munlci~:~alBuildlng 215 ~urch Avenue, S.W. Roanc:~e, Vlrglnla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1986. No. 28292. AN ORDINANCE to amend and reordain certain sections of the 1986-87 General Fund Appropriation Ordinance, and providing for an emergency. ~EREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1986-87 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Public Safety $21,224,347 Juvenile Detention Home (1) ....................... 529,493 Juvenile Probation House (2) ...................... 269,630 Crisis Intervention Center (3) .................... 306,856 Revenue Grants-in-Aid Commonwealth $44,322,599 Other Categorical Aid (4-6) ....................... 10,754,786 (1) Expend. Tool & Equip. (2) Expend. Tool & Equip. (3) Expend. Tool & Equip. (4) Juvenile Detention (5) Juvenile Probation (6) Crisis Interv. (A001-054-3320-2035) $2,597 (A001-054-3350-2035) 921 (A001-054-3360-2035) 1,289 (R001-020-1234-0654) 2,597 (R001-020-1234-0653) 921 (R001-020-1234-0655) 1,289 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk The Honorable Mayor and City Council Roanoke, Virginia Roanoke, Virginia August 11, 1986 Members of Council Subject: Funds from the United States Department of Agriculture I. BACKGROUND A. City of Roanoke had previously received funds on a reimbursement basis from the United States Department of Agriculture (USDA), II. through the Virginia Department of Corrections, to purchase food service equipment for the Crisis Intervention Center (Sanc- tuary), Juvenile Probation House (Youth Haven), and Juvenile Detention Home. CURRENT SITUATION A. USDA funds for fiscal year 1985-86 have been received by the Bo City of Roanoke for the facilities, as follows: 1. Crisis Intervention Center - $ 1,289.00 2. Juvenile Probation House 921.00 3. Juvenile Detention Home 2,597.00 Total - $ 4,807.00 USDA funds usage regulations require the funds to be used for: 1. Food costs; 2. Labor costs of food service workers; 3. Equipment and repairs. USDA requirements for record keeping are: 1. Monies are to be kept in a separate account and be combined with State or local funds; Detailed records are to be made against the funds; Each facility is to maintain expenditures and also make Department of Corrections. cannot kept for all expenditures inventory lists of equipment semi-annual reports to the III. IV. ISSUES A. Budget B. 2 Needs of Food Service Program C. Time ALTERNATIVES A. Appropriate the USDA funds to the Crisis Intervention Center, Juvenile Probation House, and Juvenile Detention Home. 1. Budget Ail funds have been received by the City. No local funds are required. 2. Needs of Food Service Program The facility may use the funds to improve their respective food service programs and equipment and to offset local costs of food service personnel. 3. Time - Funds must be spent in the current fiscal year or carried over into the next fiscal year budget of the respective departments. Do not appropriate the USDA funds to the Crisis Intervention Center, Juvenile Probation House, and Juvenile Detention Home. Vo 1. Budget - Funds already received will have to be returned to the USDA. 2. Needs of Food Service Program Facilities could not upgrade their food service program and equipment. Emergency needs of the facilities would have to come from local funds or existing budgets. 3. Time Time would no longer be a consideration since funds would be returned. RECOMMENDATION A. Appropriate the USDA funds to the Crisis Intervention Center, Juvenile Probation House, and Juvenile Detention Home (Alternative A). 2o -3- Crisis Intervention Center - Revenue Account Number 001-020-1234-0655 $1,289.00 to Account Appropriation No. 001-054-3360-2035 Juvenile Probation House - Revenue Account No. 001-020-1234-0653 $ 921.00 to Account Appropriation No. 001-054-3350-2035 Juvenile Detention Home - Revenue Account No. 001-020-1234-0654 $2,597.00 to Account Appropriation No. 001-054-3320-2035 TOTAL Revenue and Appropriations $4,807.00 JDR:RFH:bn CC: City Attorney Finance Director Jack Trent Annie Krochalis J. D. Ritchie R. F. Hyatt Respectfully submitted, W. Robert Herbert City Manager August 14, 1986 File #468B The Honorable Alan H. Brittle Chairman Roanoke County Board of Supervisors P. O. Box 3800 Roanoke, Virginia 24015 Dear Mr. Brittle: I am enclosing copy of Resolution No. 28293, expressing the City of Roanoke's desire to participate in the Spring Hollow Regional Water Supply Facility, upon certain terms and conditions, which Pesolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. Elmer C. Hodge, Jr., P. O. Box 3800, Roanoke, Roanoke County Administrator, Virginia 24015 Room456 MunicipalBuildlng 2150~urchAve~ue, S.W.l~x:lno~e, VIr~inla24011 (703)981.254~1 August 14, 1986 File #468B The Honorable James E. Mayor, City of Salem P. O. Box 86g Salem, Virginia 24153 Taliaferro Dear Mayor Taliaferro: I am enclosing copy of Resolution No. 28293, exprnssing the City of Roanoke's desire to participate in the Spring Hollow Regional Water Supply Facility, upon certain terms and conditions, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, lg86. Si ncerel y, MFP:se Enc. cc: Mr. Hilliam J. Paxton, Salem, Virginia 24153 Mary F. Parker, CMC City Clerk Jr., City Manager, p. O. Box 869, Room 456 Munlcipol Building 2t 5 Church A,~nue, S.W. Roanoke, Virginia 240t I (703) 98t-254~ August 14, 1986 File #468B Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of ~esolution No. 28293, expressing the City of Roanoke's desire to participate in the Spring Hollow Regional Water Supply Facility, upon certain terms and conditions, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, MFP:se Eric o Mary F. Parker, CMC City C1 erk cc: Mr. Kit B. Kiser, Director of Utilities and Operations Mr. M. Craig Sluss, Manager, Water Production Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Room 456 Municipal I~ildlng 215 (~urch Avenue, S.W. Roanc~e, Virginia 24011 (703) 98t-2541 IN THE COUNCIL OF ~i~IE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1986. No. 28293. A RESOLUTION expressing the City of Roanoke's desire to par- ticipate in the Spring Hollow Regional Water Supply ~acility, upon certain terms and conditions. WHEREAS, the City of Roanoke has been asked to express its intentions with regard to development of the Spring Hollow Regional Water Supply Facility. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby endorses the concept of developing a regional 18 MGD safe yield raw water withdrawal and storage facility at Spring Hollow and hereby expresses its intent to participate in the development of said project as set forth in report of the Water Resources Committee to this Council dated August 11, 1986, subject to final negotiation and approval by this Council of the terms and conditions of a proposed ~lti- jurisdictional agreement for said project. BE IT FURTHER RESOLVED that the City Clerk is directed to forward a copy of this resolution to Allen H. Brittle, Chairman, Roanoke County Board of Supervisors, and the Honorable James E. Taliaferro, Mayor of the City of Salem. AR~I'EST: City Clerk Roanoke, Virginia August 11, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Regional Water Supply Development for the Roanoke Valley Your Water Resources Committee considered the attached staff report and reviewed a presentation by Hayes, Seay, Mattern & Mattern during the Committee's July 28, 1986 meeting. Hayes, Seay, Mattern & Mattern is the Engineering firm employed by Roanoke County to design the proposed West County Raw Water Facility, hereafter called the Spring Hollow Reservoir. Your Committee recommends that City Council concur with the staff recommendation and by resolution inform Roanoke County and the City of Salem that the City of Roanoke intends to participate in the development of an expandable 18 million gallons per day safe yield (in conjunction with the Roanoke River) raw water withdrawal and storage facility at Spring Hollow subject to: 1. The scope and participation being as outlined in the staff report, and 2. The final terms and conditions of a proposed multi- jurisdictional contractual agreement being subject to approval of Roanoke City Council. Elizabeth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment cc: City Manager City Attorney Director of Finance Roanoke County Administrator Salem City Manager INTERDEPARTMENT COMMUNICATION DATE: TO: FROM: July 18, 1986 Mrs. Bowlqs~M~mbers, Water Resources Committee thru Subject: Regional Water Supply Development for the Roanoke Valley Back~round: Attached is a back~round statement and confidential copy of the last draft contract between the Valley governments. $16,000,000 bond issue referendum was announced by Roanoke County on June 24, 1986 to finance the County's share of the develop- ment of a source of raw water supply in western Roanoke County for the Roanoke Valley. Cits intention to participate has been requested by Roanoke County by letter dated June 26, 1986 from Chairman Brittle to Mayor Taylor. A copy of that letter is attached. Size of the impoundment facilits needed to meet the projected Valley's water needs in the year 2040 has been projected as one which acting in concert with the Roanoke River would provide a safe yield of 29 million gallons a day (MGD). The 29 MGD dam project would have a maximum depth of 213 feet and cost approxi- mately $32,000,000. This facility would store 3,605,000,000 gallons which equates to 110 days supply under projected worst drought conditions for the additional Valley water supply needs in the year 2040. The 29 MGD safe yield assumes a withdrawal permit condition as approved by the State Water Control Board (SWCB). All further discussions are based on the SWCB permit. The safe yield may be less, perhaps considerably, depending on ultimate permit conditions that may be approved by the Corps of Engineers (COE). Optional project size would provide a phased impoundment project of 18 MGD safe yield dam initially, expandable at a later date to 29 MGD. This 18 MGD safe yield size project would cost an esti- mated $26,000,000 and have a maximum depth of 165 feet. Page 2 II. Eo Full project cost for raw water source development, treatment plant expansion and/or new treatment plant constructio~ and interconnect points with necessary pumping stations to meet Valley water supply needs through the year 2040 is currently estimated at $55,000,000. Pipe line construction would be an additional cost. City of Roa- noke's share of those costs would be approximately $11,000,000. F. Recommended project has the following characteristics: 1. Size - 18 MGD safe yield expandable. 2. Type dam - Rock and earth filled having either an imperme- able clay or concrete core. Treatment - Costs of which are not part of initial project - by expansion of City of Salem Glenvar filter plant and/or construction of a new filter plant at the reservoir site. Treatment and distribution - Cost would be shared, when needed, by formula(s) developed in a separate future con- tract. The City/County 1979 bulk water contract would remain unchanged. Water provided from this new source would be by separate formula(s). Each party would pay cost for either raw water source development and oper- ation, treatment plant expansion/construction and oper- ation, and distribution facilities construction/operation with a use of money return on investment factor of 1.15 built into the formula. City of Roanoke's cost of the recommended initial project of an 18 MGD safe yield expandable raw water supply is estimated at 13.34 percent of $26,000,000 or $3,468,400. Use $3,500,000 for estimating purposes. Payments would be made as costs are in- curred on a progress basis over the 4+ year project period. Leakage is a concern that has been investigated, primarily at a spring site located in the reservoir area. Estimates are that leakage with the area ungrouted would be in the 2 MGD range but after placement of a grout curtain the leakage would be reduced to a 0.25 to 0.50 MGD range. Cost of grouting is estimated as part of and included in the above identified costs. City of Roanoke water from the new raw water source would be released to the river or, perhaps, eventually piped to City of Salem, for pickup, treatment and transported to the City of Roanoke. Cost would be by formula to be developed or by exist- ing/emergency contract agreement with Salem. The City's water could, depending on future contract negotiations, be treated and transported by Roanoke County. Current situation evolves around a response to the question from Roanoke County of the City's intention to participate. City's interest in developing and promoting a reasonable quantity of water for sanitary, fire suppression and economic development purposes in the Valley is long-standing. Page 3 Bo Co Do Resolution No. 26713, dated October 3, 1983, expresses Council's intention to participate in a 30 MGD safe yield water supply de- velopment project. City's need for an additional source of water supply is not pro- jected to be urgent until the 2030 era. To reach that point in time, however, assumes there would be times of drought when Car- vins Cove reservoir would be completely emptS. Now is the time to get involved in an expandable new source of water supply for the Valley. Roanoke River is the best source of supply in the Valley (with Back Creek being second). The City should consider participating in this major Valley water supply source of development. New source or facility development is required, or development planning initiated, when an existing source or facility reached 80% capacity for 3 consecutive months. May, June and July, 1986 has resulted in the City of Roanoke reaching 70.5% of our source capacity and 75.0% of our treatment capacity. Expansion of Car- vins Cove Filter Plant at an estimated cost of $2,000,000 maS be required within 5 years. See attached State Wa~tions excerpt. F. Funding options: 1. Facts: a. Need $3,500,000 payable over four (4) or more years. bo Water Fund is projected to have between $2,000,000 and $2,500,000 in reserve with the close of books as of June 30, 1986 adjusted to fund projects already autho- rized. These projects include the Round Hill Pumping Station, Salem Interconnect Pumping Station, and the 220 South Water Project. An average estimate of $2,250~000 reserve balance will be used henceforth. Annual expenditures in recent years have equaled annual revenues over a 3 - 4 year average. The reserve is used to fund cash flow in off or down years, to meet emergencies, to help the economic development effort and to meet rising costs until adjustments are made in the revenue base. c. Current debt service payments in the amount of $200,000 annually will be paid off in 1991. 2. Options: Use $2,250,000 reserve and increase water rates by 6% on date contract is signed with Roanoke County and an additional 6% 12 months later. Water rate increase would produce $1,134,000 by the end of four (4) full years and should remain in effect to recover a con- tingency fund and to offset cost fluctuations. Average consumer bill would increase by almost 50C/month Ur $6.00 per sear after second adjustment. Page 4 Co eo It is specifically noted that any agreement between Roanoke City and Roanoke County wilt likely be a three party agreement including the City of Salem. This re- port is written with the unaffirmed assumption that the City of Salem will participate in the Valley water sup- ply source development. Use $1,799,000 of reserve and raise water rates over two years to reflect a 76¢ per month increase in a typical residential water bill by increasing all rates by 9% on the date a contract is signed and an additional 9% in 12 months. Resulting increase would produce $1,701,000 in four (4) full years. This would leave ~-4~,000 i~-- the contingency reserve fund for emergencies, cash ~low, economic development and to be a start toward funds needed for Carvins Cove Filter Plant expansion. Addi- tional reserve funds should be obtained before that expansion. Provide for a $3,500,000 bond issue over a 15-year period. Assume 8% interest rates. Annual payments would require $598,570. Initial expense of setting up the bond issue would be approximately $200,000 and would come from the current retained earnings. The remaining $2,050,000 in retained earnings would remain intact to offset rising cost, cash flow, emergencies or future capital projects. Water rates would need to increase bS 22% until 1991 at which time, depending on inflation, consideration could be given to an 8% reduction. Use the $2,250,000 reserve and have a $1,250,000 bond issue. Expense of approximately $200,000 to sell bonds makes this option impractical. This option also would delete Water Fund reserves and not provide any recovery mechanism except deletion of routine capital expendi- tures for new and replacement water lines, services, and hydrants. Raise water rates to produce $3,500,000 over 4 sears and leave the current reserves intact for emergencies and to ward off future inflation. Rates would need to raise some combination similar to: 12% on date contract is signed additional 12% within 12 months additional 12% within 12 months additional 12% within 12 months Decision would be made at the end of the 48 month period on the amount of a rate reduction at that time. Page 5 Sunset prov~iisions on any rate increase to insure those rates revert back to previous amounts upon attainment of project funding and contingency fund re-establish- ment is an option that you will probably wish to consider. 3. Fundin§ option chosen should be carefully considered. Decision should be made at the time of authorization of execution of future contracts with the City of Salem and Roanoke County. Specific report dealing with amounts and dates will be sub- mitted at the time of a report recommending approval of a contract with Roanoke County. Some items of that potential contract are still being negotiated. All items of any con- tract are, of course, only approved and agreeable once Council has approved and authorized the contract. III. Issues in order of consideration are: A. Valley water supply need~ B. City water supply needs C. Timing D. Cost E. Funding IV. Alternatives: Water Resources Committee recommend to City Council that Roanok,, County and the City of Salem be notified that Roanoke City intends, to participate in the development of an expandable 18 MGD water- supply project at the West County reservoir site subject to final approval of the terms and conditions of a contract for that pro- ject development and assuming the City of Salem is also a project participant. 1. Valle,/ water supply need~ for a new source of water 1995 can be met. 2. City water supply needs for an additional source of water in times of severe drought but not later than 2030 will be met. City can only meet its intermediate needs in the years of 1995 - 2020 if there is another source to augment the needs of the citizens of the other Valley governments. Hopefully, our participation will help insure that a new source is developed as soon as possible. 3, Timing for a new source of water development for the Valley is immediate. The City will have the opportunity to be part of that project to meet our future City citizen needs. Page 6 4. Cost to the City of this phase of the project is estimated at ~2,500~000. Future project costs of filter plant ex- pansion and reservoir expansion will better be given at those future dates when the City needs those projects. 5. Funding can be by one of the options previously identified. Council should consider these options. A decision on the method of funding should be made at the time of authoriza- tion to execute an agreement with Roanoke County and the City of Salem. Water Resources Committee recommend to City Council that the City not participate in the initial development of the West County water supply development but express its intention of possibly participating in a future expansion. Valley water needs for the immediate future will be met but future needs could be compromised since it is likely Roanoke County could not afford to construct an expandable reservoir project, sufficient to meet future Valley needs, by itself. City water supply needs during period of extreme drought or for the distant future will likely be compromised. Timin~ would not be optimum. Cost to the City in terms of dollars now would be zero. Future costs or loss of ability is difficult to quantify. Co 5. Funding would be a moot issue for the immediate future. Water Resources Committee recommend to City Council that the Cit~ not participate, in the West County water supply development. 1. V~lley water needs can only be met if Roanoke County and/ or with the City of Salem proceed with an expandable reservoir project. City water needs for the future or in periods of extreme drought would likely be compromised. Timin~ for meeting future City water supply needs is not optimized. 4. Cost is a moot issue. 5. Funding is a moot issue. Recommendation: Water Resources Committee recommend in accordance with Alternative "A" that City Council-notify Roanoke Coun~--and the Ci~jof Salem in the form of a resolution or other suitable statement of the Page 7 City of Roanoke's intention to participate with those two localities in the development of the West County water supply development by pay- ing 13.34% of the cost of construction and construction related cost in return for 13.34% of the project capacity and subject to the final terms and conditions of an intergovernmental agreement for the project. KBK:afm Attachments CC: Councilman James O. Trout Councilman David A. Bowers Mr. Elmer C. Hodge, Jr. Mr. William J. Paxton, Jr. ~ ~ATER SUPPLY DEVELOPHENT VII. VIII. 1959 report prepared by the City identified several water supply sources in order of preference. The first three were: A. Tinker Creek Diversion Tunnel B. Catawba Creek Diversion Tunnel C. Back Creek II. Tinker Creek Diversion Tunnel - Completed by City in 1966. III. Catawba Creek Diversion Tunnel Completed by City in 1973. IV. Staff planning for Back Creek Development began in 1975. V. Back Creek Development announced by City, June, 1976. VI. County opposition to City developmen~ of Back Creek put project on delay status. County also applied to State for a 2 MGD direct withdrawal permit from Back Creek. Annexation of 1976 did not help relationships because of sewer serfs and water waifs. IX. Xo XI. XII. Water and sewer agreement of 1979 states premise that City would serve the City and County would ser~e County but that City would sell bulk surplus water to County. Back Creek Task Force set-up between City and County representatives late 1979 or early 1980. A meeting was held March 11, 1980 in the County Administration Conference Room. Joint meeting of Valley Water Resources Committees on November 198I discussed the water supply problems and various plans. Chief Administration of each 4 local governments assigned task on January 31, 1982 to study and reco~m~end a solution to the water supply problem serving the Valley. Joint report in September 1983 from Administrators to elected officials presented the concept of the West County Pump Storage development to the public and elected officials. Elected officials informally and within next month formally appointed Chief Administrator to negotiate a development/ operational agreement. Target date for Administrators to present draft agreement was December 15, 1983. Page 2 XIII. XIV. XV. Negotiators still in process for joint valley raw water development with last meeting having taken place on June 4, 1986. Attached is a confidential copy of a draft con- tract with three current areas of disagreement underlined. Other A~reement: Salem and City of Roanoke have authorized an agreement between the two cities for more temporary and one perma- nent interconnect points between their respective water systems. City Council approved the agreement December 3, 1984. City/City negotiations of agreement terms took less than 30 minutes. City has been trying to develop or participate in the development of another water supply for the Valley for the past decade - 1975 thru 1985. The Honorable Noel C. Iaylor Mayor, City of Roanoke 215 Church Avenue Roanoke, Virginia 24011 Dear Mayor Taylor: RE REGIONAL WATER SUPPLY On June 24, 1986, the Board of Supervisors approved a November bond referendum of $16 million dollars for the County's share' of the construction of a regional water supply in western Roanoke County. At that time, the Board emphasized their desire that this be a regional project, and the hope that the Cities of Roanoke and Salem would participate. Our past discussions indicate both cities are interested in a regional project to serve the water needs of the entire Valley. The Board also acknowledged the necessity to proceed as quickly as possible to finalize the comanitments of the Cities of Roanoke and Salem in order that the County may prepare the bond package for the November referendum. Therefore, I would appreciate a response from Roanoke City within 60 days as to your intention of participating in this important regional project. The County staff and our consultants, Hayes, Seay, Mattern & Mattern are available to make a presentation to your staff and "= ~ prcvide all the information regarding the results of the site feasibility study5 which was recently completed. Please let me know if we may be of any other assistance to you. · Sincerely, Alan H. Brittle, Chairm~n Roanoke County Board of Supervisors AHB/mha CC: W. Robert Herbert, Roanoke City Manager Commonwealth of Virginia/State Board of Health Waterworks Regulations February 1, 1982 Copies of the Regulations, as amended, may be obtained from the Bureau of Water Supply Engineering, Department of Health, 109 Governor St. Richmond, Va. 23219 or from any of the Regional Offices listed in Appendix C. 5.06.03 Waterworks utilizing groundwater as a water supply will be required to disinfect if a sanitary survey reveals a potential source of contamination and/or if the water fails to meet the bacteriological quality standards set forth in Section 4.00 of these Regulations. 5.07 Acceptable Operating Practlcee 5.07.01 General---This section is not intended to be all inclusive but reflects the concern for the public health significance of certain practices related to treatment plant operation. 5.07.02 Waterworks designed for bacteria and turbidity removal shall not be operated without adequate chemical coagulation. 5.07.03 Waterworks utilizing filtration in the treatment process shall not vary the rate of filtration through any single filtering unit above its design capacity. 5.07.04 Filtering units equipped with re-wash facilities shall not be returned to service after backwashing until being thoroughly re-washed. 5.07.05 All waterworks shall provide a minimum working pressure of 20 psi at all service connections. 5.08 Waterworks Expansion 5.08.01 At such time as the water production of a community waterworks reaches 80 percent of the rated capacity of the waterworks for any consecutive three-month pedod, the owner shall cause plans and specifications to be developed for expansion of the waterworks to include a schedule for construction; however, if it can be shown by the owner that growth within the sen/ice area is limited and will not exceed the rated capacity of the waterworks or if unusual transient conditions caused production to reach the 80 percent level, preparation of plans and specifications for expansion will no longer be required. 5.08.02 All waterworks shall provide metedng of total water production. 5.09 Reporting 5.09.01 The results of any required monitoring activity shall be reported by the waterworks owner to the appropriate Regional Office no later than the loth day of the month following the month during which the tests were taken. 5.09.02 It shall be the duty and responsibility of an owner to report to the appropriate Regional Office in the most expeditious manner (usually by telephone) under the foilowing circumstances. If it is done by telephone a confirming report shall be mailed as soon as practical. a. When a bacteriological examination shows a check sample is required (see Subsection 4.05.03), a report shall be made within 48 hours. b. When chlodne residual is permitted to be substituted in lieu of coliform examination the owner shall report within 48 hours the lack of chlorine residual as required by Subsection 4,04.01 c5. c, When the daily average of turbidity testing exceeds 5 TU a report shall be made within 48 hours. d. When_a maximum contaminant level of an inorganic or organic chemical is exceeded for a single sample the owner shall report same within 7 days. e. When the average value of samples collected pursuant to Subsection 4.08 exceeds the maximum contaminant level of any organic or inorganic chemical the owner shall report same within 48 hours. f. When the maximum contaminant level for radionuclides has been exceeded as deter- mined by Table 4.4, the results shall be reported within 48 hours. g. The waterworks owner shall report to the appropriate Regional Office within 48 hours the failure to comply with the monitoring requirements of these Regulations. 5-4 C~Ice c~ ~ne O~ ~ August 15, 1986 File #2-27 Mr. Tommy Joe Williams Attorney 110 Church Avenue, S. W. Suite 302 Roanoke, Virginia 24011 Dear ~r. Williams: I am enclosing copy of Ordinance No. 28297, accepting your offer to sell and convey to the City a parcel of property on Dogwood Lane, S. W., bearing Official Tax No. 1390216, known as Lot 4, Subdivision for Tommy Joe and Kathy Ann Williams, for t~e cas~ sum of $8,500.0N, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric o CC: Mr. W. Robert Herbert, City Manager Mr Wilburn C. Dibling, Jr., City Attorney i~r Joel ~i. Schlanger, Director of Finance Mr Kit ~. Kiser, Director of Utilities and (lperations Mr Steven L. ~alker, Manager, Sewage Treatment Plant Mr William F. Clark, Oir~ctor of Public Works Mr Charles M. Huffine, City Engineer Nr Richard V. Hamilton, Right-of-Way Agent Ms. Deborah J. Moses, Chief, Bi~ngs and Collectio~ *Added to carbon copi~ on Novemb~ 16, 1987. Room456 MunicipalBulldlng 215C~urchAve~ue, S.W.l~oonoke, Vlrglnla24011 (703)981-2..%41 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1986. No. 28297. AN ORDINANCE providing for the City's acquisition of certain property on Dogwood Lane, S.¥~., bearing Gfficial Tax No. 1390216, in the City of Roanoke, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that. 1. The offer of Tommy Joe and Kathy Ann Williams to sell and convey to the City a parcel of property on Dogwood Lane, S.W., bearing Official Tax No. 1390216, known as Lot 4, Subdivision for Tommy Joe & Kathy Ann Williams, and containing a sewage pumping station, for the cash sum of $8,500.00, be and is hereby ACCEPTED. 2. Upon delivery to the City of a good and sufficient deed of conveyance granting and conveying to the City the fee simple title to the aforesaid land, free and clear of all encumbrances and material title objections, and containing General ¥{arranty and Modern English covenants of title on behalf of the Grantor, such deed to be in form approved by the City Attorney, the proper City officials shall be, and are hereby authorized to deliver to such person or persons as are certified by the City Attorney to be entitled thereto, the $8,500.00 purchase price, less any amount properly due and owing by said Grantor as the result of the sale of such property. 3. In order to provide for the Usual daily operation of the municipal government, an emergency is deemed to exist, and tnis ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. August 15, 1986 File #2-27-60 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear fir. Schlanger: I am attaching copy of Ordinance No. 28296, amending and reor- daining certain sections of the 1986-87 Sewage Treatment Fund Appropriation Ordinance, to provide for the transfer of $9000.00 in Connection with the acquisition of certain property on Dogwood Lane, S. W., being Lot 4, Subdivision from Tommy Joe and Kathy Ann Williams, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, Mary F. Parker, CIiC City Clerk MFP:se Enc o cc: Mr. Tommy Joe Williams, Attorney, 110 Church Avenue, S. Suite 302, Roanoke, Virginia 24011 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Steven L. Halker, Manager, Sewage Treatment Plant Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Richard V. Hamilton, Right-of-Way Agent Room 456 Municipal Building 215 O'~urch Avenue, S.W. Roonoke, Virginia 2401 t (703) 981-254"1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ilth day of August, 1986. No. 28296. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Sewage Treatment Fund Appropriation Ordinance, and pro- viding 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 Sewage Treatment Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Capital Outlay from Revenue Capital Outlay - Miscellaneous Land Acquisition Dogwood Lane Construction (1).. (2) ................ (1) Const. of Structures (2) Approp. from General Rev. (A003-056-3175-9060) $(9,000) (A003-056-8422-9003) 9,000 $1,817,351 98,826 9,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, ¥irginia August 11, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Land Acquisition, Dogwood Lane, S.W., Sewerage Pumping Station The attached staff report was considered by your Water Resources Committee on July 28, 1986. The Committee recommends that Council: 1. Acquire Lot 4, Subdivision from Tommy Joe & Kathy Ann Williams for $8,500.00 in accordance with the attached staff report; 2. Transfer $8,500.00 land price plus $500.00 miscellaneous legal costs for a total of $9,000.00 from Miscellaneous Construction Projects, Sewer Fund to an account to be established by the Director of Finance designated Land Acquisition, Dogwood Lane; and 3. Authorize the City Attorney to prepare the legal documen- tation to complete transfer title of the lot to the City. Respectfully submitted, E?.~et' h~~° J~ ETB:KBK:afm T. Bowles, Chairman Water Resources Committee Attachment CC: City Manager City Attorney Director of Finance Mr. & Mrs. Tommy Joe Williams INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: July 10, 1986 _~_~mbe~, Water Resources Committee Mr. Kiser thru M~rt Land Acquisition Dogwood Lane, S.W. Sewerage Pumping Station III. I. Background: A. Sewage pumping station on Dogwood Lane, S.W. was acquired by the City through the 1967 Annexation. Pumps occasionally stop up resulting in short-term sewage overflows onto adjacent property on the south side of Dogwood Lane, S.W. Tommy Joe & Kathy Ann Williams subdivided a 4.3109 acre tract on the south side of Dogwood Lane, S.W. into four (4) residential lots on May 30, 1985. II. Current Situation: Sewage pumpin~ station is located in the front of Lot 4 (see map) and infrequent overflows caused by pump control malfunc- tion are onto and across (front to rear) portions of that lot. Mr. & Mrs. Williams have reservations about selling Lot 4 for residential use when it has the potential for exposing future residents to raw sewage overflows. Lot 4, containing 1.0833 acres, has been offered for sale to the City by the Williams' for $8,500.00 (see attached letter). D. City needs additional land arem at the location to construct an overflow septic tank and drain field. A. Timing B. Cost to City C. Protection of the Public Page 2 IV. Alternatives: Recommend to City Council that it authorize the appropriate City officials to acquire Lot 4, Subdivision for Tommy Joe & Kathy Ann Williams, for $8,500.00. Timin~ to permit the City to meet the property owner's deadline of August 15, 1986, for accepting their offer is met. Cost to City is $8~500.00 plus approximately $500.00 associated costs for a total of $9,000.00. Funding is available in the Sewage Fund in Account Number 003-056-8406-9060, Miscellaneous Construction Projects. Protection of public from potential for occasional raw sewage overflows is enhanced. Do not recommend to City Council that it acquire the lot. 1. Timin~ to meet owner's deadline for accepting offer is not met. 2. Cost to City is zero. 3. Protection of public from occasional raw sewage spills not enhanced. V. Recommendation: Commission recommend to City Council that it: A. ~cquire Lot 4, Subdivision for Tommy Joe & Kathy Ann Williams for ~8,500.00 in accordance with Alternative "A"; Transfer $8,500.00 land price plus $500.00 miscellaneous legal costs for a total of $9~000.00 from Miscellaneous Construction Projects, Sewe~ Fund to an account to be established by the Director of Finance designated Land Acquisition, Dogwood Lane; Authorize the City Attorney to prepare the legal documen- tation to complete transfer title of the lot to the City. KBK/RVH/mm Attachments cc: City Attorney Director of Finance Mr. & Mrs. Tommy Joe Williams TOMMY JOE WILLIAMS June 19, 1986 Mr. Kit B. Kiser Director of Utilities and Operations Municipal Building 215 Church Avenue, S. W. Roanoke, VA 24011 Dear Mr. Kiser: You and I spoke on June 18, 1986 about the possibility of the City acquiring Lot Number 4 of my four lot subdivision, a survey of which I have enclosed. The survey is dated May 30, 1985 by Jack G. Bess. You will note that on Lot 4 there is a pump station. The City of Roanoke presently operates that pump station and has to inspect it daily. Occasionally, there is an overflow which flows on top of the land into the 15 foot drainage easement which is on the right hand side of the lot. The City has several alternatives, some of which are much more expensive than others. The City could dismantle the pump station altogether and run some kind of line clear across my property to the interstate. This would probably be tremendously expensive. The City could also put in an underground pump station and arrange for some kind of septic field, but this would require more land. There may be other alternatives of which I am not aware. It occurred to me that if I were to sell Lot 4 to the City, the City would have ample room in which to put a septic field. If I were to sell it, the City would have to understand that Old Garrett Road is in fact an easement for the benefit of the people who live at the end of that property. It is indeed the only way they have to get into their property. The water line easement has been abandoned which shows across Lot 4 and the City need not worry about it. In my opinion, if the City were to buy Lot 4, it would benefit the pump station. If the City ever dismantled the pump station, it would have a lot which would be easily Mr. Kit B. Kiser Page 2 June 19, 1986 marketable (since the pump would be gone). This lot, in my opinion, without the pump station is worth at least $15,000.00. Since the pump station is there, I doubt that it is worth much more than $10,000.00. It is currently appraised at $7,500.00 although the initial appraisal for this lot was $15,000.00. I have tried to market this lot at $10,000.00 and I have had a good deal of interest. Nevertheless, I would be willing to sell this lot to the City for $8,500.00 (a com- promise between $10,000.00 and the $7,500.00 appraised value) if the City could use it in clearing the problem with the sewage Overflow. I will candidly admit that I have an interest in seeing that this problem is remedied. I have sold both Lots 1 and 3 and I myself am building on Lot 2. I do not think that the pump station Overflow is an immediate danger to any of these three lots, however, I do feel a responsibility to those I have sold these lots to, and to my own family, to assist the City in curing this problem. In addition, I do not feel entirely comfortable in selling Lot 4 to someone with this problem existing unless, of course I sold it to the City. , I am, therefore, in this letter, offering to sell Lot 4 to the City for $8,500.00. I do not wish to put the City under any particular time restraints, but for the purposes of this offer, I make it subject to the restriction that this offer expires on August 15, 1986 unless, in writing, I extend the time. Since my wife also owns this lot, I have had her sign this letter as well. If there are any other steps I need to take in helping the City with this problem, or if there is anything I can do to help anyone, please let me know. Very truly yours, T°mmy ~Joe Williams TJW/cwh:26231/5234 ~ath,~iltiams ' ' ~ Enclosure 7Z OO ~! 001 "4 q OW~:e o~ ~he O~y Oet~ August 15, 1986 File #102 H & S Construction Company, Inc. P. O. Box 6226 Roanoke, Virginia 241)17 Gentlemen: I am enclosing copy of Ordinance No. 28302, accepting your pro- posal for construction of Fifth Street Bridge improvements, in the total amount of $78,080.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Honday, August 11, 1986. Sincerely, Mary F. Parker, CHC City Clerk MFP:se Enco cc: Hr. I~. Robert Herbert, City Manager Mr. ~ilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Horks Mr. Charles M. Huffine, City Engineer Mr. Robert K. Bengtson, Traffic Engineer Mrs. Delores Irving, Construction Cost Technician Room 456 Municipal Building 215 C~urch Avenue, S.W. Roanoke, Vlrglnlo 24011 (703) 981-2541 Au§ust 15, 198~ File g102 Acorn Construction, Ltd. P. O. Box 625 Troutville, Virginia 24175 Allegheny Construction Co., 2920 Nicholas Avenue, N. E. Roanoke, Vir§inia 24012 Inc. Gentlemen: I am enclosing copy of Ordinance No. 28302, accepting the pro- posal of H & S Construction Company for construction of Fifth Street Bridge improvements, in the total amount of $78,080.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. On behalf of the Council, I would like to express appreciation to you for submitting your proposal for construction of Fifth Street Bridge improvements. Sincerely, Mary F. Parker, CMC City Clerk HFP:se Enc. Room 456 Mun,'cipol Building 215 O~urch Av~'~ue, S.W. Roanoke, Virginia 240t I (703) 98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The llth day of August, 1986. VIRGINIA, No. 28302. AN ORDINANCE accepting the bid of H & S Construction Company for construction of Fifth Street Bridge improvements, 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 H & S Construction Company made to the City in the total amount of $78,080.00 for construction of Fifth Street Bridge improvements, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract docu- ments 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 or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify proposal made therefor and the City's specifica- said contract to be in such form as is approved and the cost of said work to be paid for out of each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the Usua! daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City C1 e rl~. Or, ce ~ the City Oe~ August 15, 1986 File #60-102 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schtanger: I am attaching copy of Ordinance Ho. 28301, amending and reor- daining certain sections of the 1986-87 Water Funo Appropriation Ordinance, to provide for the appropriation and transfer of funds in connection with the award of a contract to H & S Construction Company for rehabilitation of the Fifth Street Bridge over N & W Railway, which Ordinance was aOopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, tqary F. Parker, CI1C CiTy Clerk ~lFP:se Enc. cc: ?,r. PI r. U. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Mr. Hilliam F. Clark, Director of Public Works Mr. Charles M. Uuffine, City Engineer Mr. Robert K. Bengtson, Traffic Engineer Mrs. Delores Irving, Construction Cost Technician Room456 MunlcipalBulldlng 215(D'~urchAve~ue, S.W. Roanc~e, Vlrglnla2.,~1011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1986. No. 28301. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Water Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, exist. THEREFORE, BE IT ORDAINED by an emergency is declared to the Council of the City of Roanoke that certain sections of the 1986-87 Water Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Capital Reserve Public Improvement Bond - Series 1985 Streets & Bridges (1) ........................... Streets & Bridges Fifth Street Bridge/N&W Railway (2-3) ............ $10,405,755 1,703,046 6,095,072 86,080 Revenue Accounts Receivable - N & W Railway (4) ............ $ Miscellaneous Revenue - N & W Railway(5) ........... 60,551 43,040 (1) Pub. Imprv. Bonds Series 1985 (A008-052-9577-9181) $(43,040) (2) Approp. from Bonds (A008-052-9542-9001) 43,040 (3) Approp. from Third Party (A008-052-9542-9004) 43,040 (4) Accts. Rec. - ~ & W (X008-1125) 43,040 (5) Misc. Rev. (R008-008-1234-1000) 43,040 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia August 11, 1 986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Fifth Street Bridge over N & W Railway - Rehabilitation me Bid Committee Report attached is for rehabilitating the Fifth Street Bridge over N & W Railway. The improvements are needed to improve the bridge's pedestrian safety and extend the life of the bridge. City Council, at its meeting on April 28, 1986, requested that Virginia Department of Highways and Transportation program a project for the replacement of this bridge. Such request is separate from and not a conflict with this current project, as it will likely be several years before a replacement project could be scheduled. C. Recommendation is the City Council approve the recommendation of the Bid Committee Report. Respectfully submitted, W. Robert Herbert City Manager WRH:RKB:mp cc: City Attorney Director of Finance Director of Public Works City Engineer Honorable Mayor and City Council Roanoke, Virginia Roanoke, Virginia August 11, 1986 Dear Members of Council: Subject: Bid Committee Report Fifth Street Bridge Over N & W Railway - Rehabilitation I. Background on this subject includes: Bids were received by City Council at its July 14, 1986 meeting, publicly opened and read aloud for Fifth Street Bridge over N & W Railway - Rehabilitation. Three (3) bids were received and referred to the bid committee for review and report back to Council. B. Low base bid, in the amount of $78~080.00 was submitted by H & S Construction Company. Fifth Street Bridge over N & W Railway had its weight limit reestablished at 7 tons which completely prohibited buses and large trucks this past February, due to concerns over deteriorated conditions in the bridge structure. Repairs are necessary to make the structure safe for normal traffic, cars and pickup trucks, and will extend the useful life of the bridge another 10-15 years. II. Current Situation on this subject is: A. Funding is available in the Public Improvement Bond - Series 1985 - Streets and Bridges Account No. 008-052-9577-9181. Agreement with Norfolk & Western Railway dated February 18, 1946 is for a 50:50 share in the cost of repairs to this bridge. Norfolk and Western representatives are aware of and concur in the low bid amount, and are prepared to reimburse the City for half of the project costs. Bridge project will require two (2) months to complete. Vehicular traffic will be maintained except for two (2) weekends at which time the bridge must be closed to all traf- fic. Closures will be publicized in advance. Tenth Street Bridge will serve as the detour route. One sidewalk will be maintained at all times for pedestrians. 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 recom~endation are: Award the contract to H & S Construction Company, in the sum of ~78,080.00 and establish a contingency in the amount of $8,000.00. 1. ~ompliance of the bidder with the requirements of the contract documents was met. Amount of the low base bid of $78,080.00 is higher than the engineer's estimate, but is considered acceptable. Funding is available in the Public Improvement Bond - Series 1985 - Streets and Bridges Account No. 008-052-9577-9181. 4. Time of completion of the project is 60 consecutive calendar days. Reject the three (3) bids received and do not construct the project 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 rebid at a later date. Fundin~ would not be spent at this time. Time of completion of the project would be delayed, during which time the bridge structure would continue to deteriorate. Recommendation is that City Council take the following action: A. Approve Alternative "A" and award the contract to H & S Construction Company, in the sum of $78,080.00 and establish a contingency in the amount of ~8,000.00. Page 3 Ce Transfer $43,040.00 (includes base bid plus contingency) from the Public Improvement Bond - Series 1985 - Streets and Bridges Account No. 008-052-9577-9181 into an account to be designated by the Director of Finance. Appropriate an additional $43,040.00 to the project account and establish a receivable account for reimbursement of this amount from N & W Railway. D. Reject the other bids received. Respectfully submitted, RAG:WFC:CMH:sef Attachment: Tabulation of Bids cc: City Manager City Attorney Director of Public Works Director of Finance Chairman William F. Clark Charles M. Huffine~~ ATTACHMENT TABULATION OF BIDS FIFTH STREET BRIDGE OVER N & W RAILWAY REHABILITATION Bids opened Monday, July 14, 1986, 7:30 p.m. BIDDER H & S Construction Company Acorn Construction Ltd. Allegheny Construction Co., Inc. BASE BID $78,080.00 $88,045.00 $118,490.00 Engineer's Estimate for this project - $47,500.00 Chairman William F. Clark Charles M.~ C~flce o~ ~ne 0~/ July 17, 1986 File #102 lqr. Robert A. Garland, Chairman ) Mr. William F. Clark ) Committee Mr. Charles M. Huffine ) Gentlemen: The following bids for rehabilitation of 5th Street Bridge over N & W Railway, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, July 14, 1986: BIDDER tt & S Construction Company, Inc. Acorn Construction, Ltd. Allegheny Construction Co., Inc. On motion, duly seconded and unanimously referred to you for tabulation, report Council. SASE BID $ 78,080.00 88,04b.00 118,490.00 adopted, the bids were and recommendation to Sincerely, Mary F. Parker, C~.lC City Clerk i¥tFP:se cc: H & S Construction Company, Inc., P. O. Box 6226, Roanoke Virginia 24017 ' Acorn Construction, Ltd., P. O. Box 625, Troutville Virginia 24175 ' Allegheny Construction Co., Inc., 2920 Nicholas Avenue, N. E., Roanoke, Virginia 24012 Mr. Wilburn C. Dibling, Jr., City Attorney Roorn456 MuniclpalBullding 2'~5(~urchAve~ue, S.W.l~,anoi~e,~rglnla24011 (703)981-2541 August 15, 1986 File #102 Allegheny Construction Company, 2920 Nicholas Avenue, N. E. Roanoke, Virginia 24012 IRC . Gentlemen: ! am enclosing copy of Ordinance No. 28304, accepting your pro- posal for construction of Mason Mill Road Bridge replacement, in the total amount of $486,653.(t0, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, Mary F. Parker. CHC City Clerk I!FP:se Enc. cc: !Ir, Mr Mr Mr Mr U. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Joel H. Schlanger, Director of Finance William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Mr Robert K. Bengtson, Traffic Engineer Mr:. Delores Irving, Construction Cost Technician Room 456 Municipal Building 215 Church Avenue, S.W. I:~x:inoke, Virginia 2404,14 (703) 98t-254t Or, ce cfi the Oty Oe~ August 15, 1986 File #102 H & S Construction Company P. O. Box 6226 Roanoke, Virginia 24017 Wilkins Construction Co. Inc Route ! ' ' Amherst, Virginia 2A521 Gentlemen: Robertson Construction Co., Inc. P. O. Box 607 Salem, Virginia 24153 Lanford Brothers Company, [nc. P. O. Box 7330 Roanoke, Virginia 24019 I am enclosing copy of Ordinance Ho. 28304, accepting the pro- posal of Allegheny Construction Company, [nc., for construction of Mason ~1ill Road Bridge replacement, in the total amount of ~486,653.00, which Ordinance ~vas adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. On behalf of the Council, I v¢ould like to express appreciation to you for submitting your proposal for Construction of ~lason ?till Road Bridge replacement. Sincerely, HFP:se Enc. Mary F. Parker, CMC City Clerk Room 456 Municipal Building 215 C~,.n'ch Avenue. S.W. Roanoke, Virginia 24011 (703) 981-254t IN ~I~IE COUNCIL OF THE CITy OF ROANOKE, The llth day of August, 1986. VIROINIA, No. 28304. AN ORDINANCE accepting the bid of Allegheny Construction Company, Inc. for construction of 5~son Mill Road Dridge replacement, upon cer-- tain 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 1. City in IT ORDAINED by the Council of the City of Roanoke as follows: The bid of Allegheny Construction Company, Iuc. made to the the total amount of $486,653.00 for construction of 5~son Mill Road City's plans and specifications made therefor and as contract documents offered said bidder, which bid is Office of the City Clerk, be and is hereby ACCEPTED. 2. q~e City Manager or the Assistant City ~fanager and Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful Bridge replacement, such bid being in full compliance with the provided in the on file in the the City bidder, based on its proposal made tions made therefor, said contract by the City Attorney, and the cost funds heretofore or simultaneously 3. Any and all other bids work are hereby REJECTED, 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. made to the City for the aforesaid and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. August 15, 1986 File #60-102 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinaqce No. 28302, amending and reor- daining certain sections of the 1986-87 Capital Projects Fund Appropriations, to provide for the transfer of funOs in connec- tion with the award of a contract to Allegheny Construction Company, Inc., for construction of Mason Mill Road Bridge replacement, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, , 1986. August 11 Sincerely, Mary F. Parker, C~IC City Clerk MFP:se Enc. cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Oibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Hr. Charles M. Huffine, City Engineer Mr. Robert K. Bengtson, Traffic Engineer Mrs. Delores Irving, Construction Cost Technician Room 456 Municipal Building 2'~ 5 Church Avenue, $.W. Roanoke, Vl~lnla 240~11 (703) 98"1-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1986. No. 28303. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, Government of exist. for the usual daily operation of the Municipal the City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1986-87 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: A_A_A_A~iations Capital Improvement Reserve Public Improvement Bonds - Series 1985 Streets & Bridges (1) ....... idg .................... Streets & Br es Mason Mill Road Bridge NE (2 3) Revenue Due from Federal Government Mason Mill Road Bridge (4) ....... Federal Revenue ................ $ Mason Mill Road Bridge (5) ....................... (1) Pub. Imprv. Bonds 1985 (2) Approp. from (A008-052-9577-9181) $(261,575) Bonds (A008-052-9539-9001) 261 575 (3) Approp. from , Federal (A008-052-9539-9002) 265,078 $10,187,220 1,484,511 6,535,645 587,653 288,516 265,078 (4) Due from Federal - Mason Mill (X008-1147) $ 265,078 (5) Federal Revenue - Mason Mill (R008-008-1234-0989) 265,078 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia August 11, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report - Replacement of Mason Mill Road Bridge Over Tinker Creek Bid Committee Report attached is for replacing the Mason Mill Road Bridge over Tinker Creek. The project is needed to replace the former bridge that was destroyed by the flood of November 4, 1985. Recommendation is that City Council approve the recommendation of the Bid Committee Report. Respectfully submitted, WRH:RKB:sef cc: City Attorney Director of Finance Director of Public Works City Engineer W. Robert Herbert City Manager Roanoke, Virginia August 11, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bids for Replacement of Mason Mill Road Bridge Over Tinker Creek I. Background on this subject includes: Bids were received by City Council at its July 28, 1986 meeting, publicly opened and read aloud for Replacement of Mason Mill Road Bridge over Tinker Creek. Five (5) bids were received and referred to the bid committee for review and report back to Council. Low base bid, in the amount of $486,653.00 was submitted by Allegheny Construction Company, Inc. Bid price includes construction of new bridge, approach roadway, and removal of former bridge structure. C. Flood of November 4, 1985, demolished the former Mason Mill Road Bridge, N.E., over Tinker Creek. The 53-year-old, one- lane, steel truss bridge only had a 4-ton weight capacity. D. Traffic volume had been approximately 450 vehicles per day. E. .Damage Survey Report was submitted to Federal Emergency Management Agency in an effort to receive funds for bridge replacement. II. Current Situation on this subject is: Funding is available in the Public Improvement Bond - Series 1985 - Streets and Bridges Account No. 008-052-9577-9181. The original Flood Damage Survey Report (DSR) estimated the federal share of this replacement at $265,078.00. This will be reviewed based on the final plans and bids, with expec- tation of some increase in assistance. Mason Mill Bridge replacement will require approximately six (6) months to construct. The new bridge will provide two travel lanes on an improved alignment (total of 30 feet in width), sidewalk on one side, and timber guardrail. The length of this new four-span bridge will be 202 feet (former bridge was 131 feet) and there will be no weight restriction for vehicles crossing the bridge. Page 2 III. Issues in order of importance: Compliance of the bidders with requirements of the contract documents. B. Amount of the low bid. C. Fundin~ for construction. D. Time of completion. IV. Alternatives in order of recommendation are: Award the contract to Allegheny Construction Company, Inc. in the sum of $486~653.00 and establish a contingency in the amount of 940,000.00. Compliance of the bidder with the requirements of the contract documents was met. Amount of the low base bid of $486,653.00 is signifi- cantly lower than the engineer'~s estimate. Funding in the amount of $526~653.00 (base bid plus con- tingency) is available as follows: $261~575.00 (City funds) from the Public Improvement Bond - Series 1985 - Streets and Bridges Account No. 008-052-9577-9181. b. $265,078.00 (Federal funds) for replacement 4. Time of completion of the project is 180 calendar days. Reject the five (5) bids received and do not construct the project at this time. Re-evaluate the project for future rebidding. 1. Compliance with requirements of the contract documents would not be an issue. 2J ~mount of the bid price would probably be higher if rebid at a later date. Fundin~ would not be spent at this time. Any appre- ciable delays could affect state and federal disaster assistance. Time of completion of the project would be delayed, during which time motorists would continue to be without the services of this bridge across Tinker Creek. Page 3 VJ Recommendation is that City Council take the following action: Approve Alternative "A" and award the contract to Allegheny Construction Company, Inc. in the sum of $486,653.00 and establish a contingency in the amount of .~40,000.00. Transfer $261,575.00 (City funds) from the Public Improvement Bond - Series 1985 - Streets and Bridges Account No. 008-052-9577-9181 into an account to be designated by the Director of Finance. Authorize the Director of Finance to establish an account receivable in the amount of $265,078.00 (Federal funds) and appropriate this amount into an account to be establlshd by the Director of Finance. D. Reject the other bids received. Respectfully submitted, RAG:WFC:CMH:sef Attachment: Tabulation of Bids cc: City Manager City Attorney Director of Public Works Director of Finance Chairman William F. Clark Charles M. Huffine ~l~/ J ATTACHMENT TABULATION OF BIDS REPLACEMENT OF MASON MILL ROAD BRIDGE OVER TINKER CREEK Bids opened Monday, July 28, 1986, 2:00 p.m. BASE BID Allegheny Construction Company, Inc. Robertson Construction Company H & S Construction Co., Inc. Wilkins Construction Company Lanford Brothers Company, Inc. $486,653.00 $503,998.00 $563,256.50 $570,200.00 $593,104.00 Engineer's Estimate for this project - $540,000.00 William F. Clark ,) July 30~ 1986 Fil~ #1'02 Mr. Robert A. Garland, Chairman ) Mr. William F. Clark ) Committee Mr. Charles M. Huffine ) Gentt emen: The following bids for replacement of Mason Mill Road Bridge over Tinker Creek, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986: BIDDER BASE BID Allegheny Construction Company, Inc. Robertson Construction Company, Inc. H & S Construction Company Wilkins Construction Company, Inc. Lanford Brothers Company, Inc. $486,653.00 503,998.00 563,256.50 570,200.00 593,104.00 On 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 MFP:se Room 456 Municipal Building 215 Church Avenue, S.W. I~oanoke, Virginia 24011 (703) 981-2541 Mr. Robert A. Garland Mr. William F. Clark Mr. Charles M. Huffine Page 2 July 30, 1986 cc: Allegheny Construction Company, Inc., 2~20 Nicholas Avenue N. E., Roanoke, Virginia 24012 ' Robertson Construction Company, Inc. P. O. Box 607, Salem, Virginia 24153 ' H & S Construction Company P. O. Box 6226, Roanoke Virginia 24017 ' , Wilkins Construction Company, Inc Route 1 Amherst Virginia 24521 '' , , Lanford Brothers Company, Inc. P. O. Box 7330 Roanoke, Virginia 24019 ' , Mr. Wilburn C. Dibling, Jr., City Attorney Office cfi the Clly ~ August 15, 1986 File #468B Dixon Contracting, Inc. P. O. Box 10 Fincastle, Virginia 24090 Gentlemen: I am attaching copy of Ordinance No. 28306, accepting your pro- posal for construction of the Franklin Road water line project, in the total amount of $140,671.00, which Ordinance was aOopted by the Council of the City of Roanoke at a regular meeting held on Ilonday, August 11, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc . cc: I1r. W. Robert Herbert, City I,~.anager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel ~I. Schlanger, Director of Finance hlr. Hilliam F. Clark, Director of Public Horks Hr. Charles M. Huffine, City Engineer Mrs. Delores Irving, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Mr. M. Craig Sluss, Manager, Water Production Room456 MunlclpalBu~lding 215 (D~urch Avenue, S.W. Roonoke, V~rglnla24011 (703)981-254.1 Office of ~he 0~, CL~k August 15, 1986 File #468B J. P. Turner & Brothers, Inc. E.C. Pace Company, Inc. P. O. Box 627 P. O. Box 12685 Salem, Virginia 24153 Roanoke, Virginia 24027 S. C. Rossi & Company, Inc. H. P. Alexander 1410 16th Street, S. E. P.O. Box 598 Roanoke, Virginia 24014 Stuarts Draft, Va. 24477 F. L. Showatter, Inc. Aaron J. Conner General P. O. 8ox 11525 Contractor, Inc. Lynchhurg, Virginia 24506 P. O. Aox 6068 RoanoKe, Virginia 24017 Gentt emen: I am enclosing copy of Ordinance No. 28306, accepting the pro- posal of Dixon Contracting, Inc., for construction of the FranKlin Road water line project, in the total amount of $140,671.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on ~4onday, August 11, 1986. On behalf of the Council, I would like to express you for submitting your proposal for construction Road water line project. appreciation to of the Franklin Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room 456 Munlclpol Building 215 Church A~,~'~ue, S.W. Roanoke, Virginia 240tl (703) 981-2541 IN THE COU}ICIL OF THE CITY OF ROANOKE. VIRGINIA, The llth day of August, 1986. No. 28306. for certain terms and conditions, and awarding a contract authorizing the proper City officials to execute the contract for such work; rejecting all other bids made for the work; and providing for an emergency. AN ORDINA};CE accepting the bid of Dixon Contracting, Inc., construction of the Franklin Road water line project, upon therefor; requisite to the City BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Dixon Contracting, Inc., in the total amount of $140,671.00 for construction of the Franklin Road water line project, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the suc- cessful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. to the City for the afore- City Clerk is directed to to each the City's appre- 3. Any and all other bids made said work are hereby REJECTED, and the notify each such bidder and to express ciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passa§e. ATTEST: City Clerk. August 15, 1986 File #60-468B Mr. Joel M. Schl anger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28305, amending and reor- daining certain sections of the 1986-87 Water Fund Appropriation Ordinance, to provide for the transfer of funds in connection with the award of a contract to Dixon Contracting, Inc., for construction of the Franklin Road water line project, which Ordinance was adopted by the Council of t~e City of Roanoke at a regular meeting held on Monday, August 11, 1986. Si ncer ely, Mary F. Parker, CMC City Clerk MFP:se Enco cc: Mr. W. Robert Heroert, City Manager Mr. ~ilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works ~lr. Charles M. Huffine, City Engineer Mrs. Delores Irving, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Mr. M. Craig Sluss, Manager, Water Production Room 456 Munici~pal Building 215 Church Avenue, S.W. Roonoke, Virginia 24011 (703) 981-254~1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1986. No. 28305. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Water 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 Water Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Capital Outlay from Revenue Grandin Court/Hollins Tank (1) ................... Grandin Road Tank (2) ............................ Franklin Road Tank Loop (3) ...................... (1) Approp. from Gen. Rev. (2) Approp. from Gen. Rev. (3) Approp. from Gen. Rev. (A002-056-8338-9003) $(40,000) (A002-056-8327-9003) ( 4,671) (A002-056-8342-9003) 44,671 $2,827,872 1,192 26,645 154,671 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia August 11, 1986 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Project No. 85-13A Franklin Road Water Line I concur in the recommendation of the Bid Committee Report. WRH/ES/mm Respectfully submitted, W. Robert Herbert City Manager Attachment CC: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations City Engineer Construction Cost Technician Roanoke, Virginia August 11, 1986 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Bid Comm~ittee Report Project No. $5-13A Franklin Road Water Line I. Back~round: City Council received, publicly opened and read seven (7) bids for subject project on July 28, 1986, and referred the bids to a Bid Committee, in order to review the bids and report back to Council. B. Low base bid in the amount of $140,671.00 was submitted by Dixon Contracting, Inc. II. Issues in order of importance: A. Compliance of the bidders with the requirements of the Contract Documents. B. Amount of low base bid. C. Funds for construction. III. Alternatives are: Award a unit price contract to Dixon Contracting, Inc. in the amount of $140,671.00 and establish a contingency fund for the project in the amount of $14,000.00. 1. Compliance of the bidders with the requirements of the Contract Documents was met. Page 2 IV. 2. Amount of low base bid is acceptable and is 39.1% below the engineer's estimate. 3. Funds for construction of the project are available. B. Reject all bids and not construct the project. i. Compliance of all bidders with the requirements of the Contract Documents would not be an issue. 2. ~mount of unit prices would probably be higher if rebid at a later date. 3. Funds would not be expended. Recommendation is that City Council take the following action: Award a unit price contract to Dixon Contracting, Inc. in the amount of $140,671.00 in a form acceptable to the City Attorney. B. Reject all other bids received. C. Authorize the Director of Financ~ to transfer the listed amounts from the following existing accounts: i. Franklin Road Tank Loop Account No. 002-056-8342-9060 $110,000.00 2. Grandin Court/Hollins Tank Account No. 002-056-8338-9060 40,000.00 Grandin Road Tank (Construction complete) Account No. 002-056-8327-9060 4,671.00 TOTAL: $154,671.00 to Project No. 85-13A Franklin Road Water Line, with an Account No. to be established by the City Finance Department. ($140,671.00 contract amount and $14,000.00 contingency.) Page 3 Respectfully submitted, RAG/ES/.m Attachment: cc: Tabulation of Bids City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Construction Cost Technician R~ Chairman Kit B. Kiser William F. Clark TABULATION OF BIDS PROJECT NO. 85-13A FRANKLIN ROAD WATER LINE Bids opened before Roanoke City Council at 1:30 P.M., Monday, July 28, 1986. BIDDER BASE BID Dixon Contracting, Inc. $140,671.00 E. C. Pace & Company, Inc. $143,840.00 H. ?. Alexander $148,146.00 Aaron J. Conner General Contr. $148,593.30 J. P. Turner & Bros. $151,342.00 S. C. Rossi & Company, INc. $161,584.00 F. L. Showalter, Inc. $190,424.00 Engineer's Estimate: $231,100.00 Kit B. Kiser William F. Clark C~tce of n~e O~ Oen~ July 30, 1986 File # 4'68B Mr. Robert A. Garland, Chairman ) Mr. William F. Clark ) Committee Mr. Kit Gentlemen: The following bids for Franklin Road water line were Opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986: ~IDDER Dixon Contracting, Inc. E. C. Pace Company, Inc. H. P. Alexander Aaron j. Conner General Contractor, Inc. J. P. Turner & Brothers, Inc. S. C. Rossi & Company, Inc. F. L. Showalter, Inc. BASE BID $140,671.00 143,840.00 148,446.00 148,593.30 151,342.00 161,584.00 190,924.00 On motion, duly seconded and unanimously adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, MFP:se Mary F. Parker, CMC City Clerk Room 456 Municipal Building 215 C~urc~ Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Mr. Robert A. Garland Mr. William F. Clark Mr. Kit B. Kiser Page 2 July 30, 1986 CC: Dixon Contracting, Inc., P. O. Box 10, F~ncastle Virginia 24090 - ' E. C. Pace Company, Inc., P. O. Box 12685, Roanoke, Virginia 24027 H. P. Alexander, p. O. Box 598, Stuarts Draft Virginia 24477 ' Aaron J. Conner General Contractor, Inc., P. O. Box 6068, Roanoke, Virginia 24017 J. P. Turner & Brothers, Inc., P. O. Box 627, Salem, Virginia 24153 S. C. Rossi & Company, Inc., 1410 16th Street, S. E. Roanoke, Virginia 24014 ' F. L. Showalter, Inc., P. O. Box 11525 Lynchburg, Virginia 24506 Mr. Wilburn C. Dibling, Jr., City Attorney C~ce o~ ~ne O~y Oen~ August 18, 1986 File #468B Structures and Utilities Company, P. O. Box 2218 Cnristiansburg, Virginia 24068 [nc o Gentlemen: I am enclosing copy of Ordinance No. 28308, accepting your pro- posal for construction of the Franklin Road Booster Pumping Station, 'in the total amount of $189,559.00, which Ordinance was adopted by the Council of the City of RoanoKe at a regular meeting held on MonOay, August 11, lg86. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enco cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Uibling, Jr., City Attorney Mr. Joel M. Schtanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mrs. Delores Irving, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Mr. M. Craig Sluss, Ilanager, Hater Production Room 456 Munlcipol Building 215 C~urch Av~'~ue, S.W. Roonoke, ~rginla 24011 (70,3) 98t-2541 Office of the Qty (3en~ August 18, 1986 File #468B Acorn Construction, Ltd. Breakell , Inc. P. O. Box 625 P. O. Box 6414 Troutville, Virginia 24175 Roanoke, Virginia Gentlemen: 24017 I am enclosing copy of Ordinance ilo. 28308, accepting the ~ro- posal of Structures and Utilities Company, Inc., for construction of the Franklin Road Booster Pumping Station, in the tota} amount of $169,559.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. On behalf of the Council, I would like to express appreciation to you for submitting your proposal for construction of the Franklin Road Booster Pumping Station. Sincerely, Mary F. Parker, CHC City Clerk MFP:se Eric. Room 456 Municipal Building 215 Church A~ue, S.W. Roanc~e, V~rglnla 24011 (70~) 981-254~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1986. No. 28308. AN ORDINANCE accepting the bid of Structures and Utilities Co., Inc., for construction of the Franklin Road Booster Pumping Station, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to exe- cute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of l~anoke as follows: 1. The bid of Structures and Utilities Co., Inc., in the total amount of $169,559.00 for construction of the Franklin Road Booster Pumping Station, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents file in the Office of the 2. The City Manager offered said bidder, which bid is on City Clerk, be and is hereby ACCEPTED. or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the suc- cessful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or si~nultaneously appropriated by Council. 3. Any and al! said work are .hereby REJECTED, notify each such bidder and to elation for such bid. 4. municipal ordinance other bids made to the City for the afore- and the City Clerk is directed to express to each the City's appre- 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 n~e City Cle~ August 18, 1986 File #468B-60 Mr. Joel M. Schlanger ~irector of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28307, amending and reor- daining certain sections of the 1986-87 Water Fund Appropriation Ordinance, to provide for the transfer of funds in connection with the award of a contract to Structures and Utilities Company, Inc., for construction of the Franklin Road Booster Pumping Station, which Ordinance was adopted Dy the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, Nary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Horks Mr. Charles M. Huffine, City Engineer Mrs. Delores Irving, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Mr. M. Craig Sluss, Manager, Water Production Room456 MunlclpalBulldlng 215 Church Av~'~ue, S.W.~.Vlrglnta24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1986. No. 28307. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Water Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, exist. THEREFORE, BE IT ORDAINED by Roanoke that certain se'ctions priation Ordinance be, reordained, to read as an emergency is declared to the Council of the City of of the 1986-87 Water Fund Appro- and the same are hereby, amended and follows, in part: Appropriations Capital Outlay from Revenue Franklin Road Pump Station Grandin Road Tank (1) Approp. from General Rev. (2) Approp. from General Rev. (1) .................... (2) ............................. (A002-056-8341-9003) $ 11,559 (A002-056-8327-9003) (11,559) $2,827,872 185,559 19,820 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Roanoke, Virginia August 11, 1986 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Bid Co~ittee Report Project No. 85-12 Franklin Road Booster Pumping Station I concur in the recommendation of the Bid Committee Report. WRH/ES/mm Attachment cc: Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Utilities and Operations City Engineer Construction Cost Technician Roanoke, Virginia August i1, 1986 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Project No. 85-12 Franklin Road Booster Pumping Station I. Back~round: City Council received, publicly opened and read three (3) bids for subject project on July 28, 1986, and referred the bids to a Bid Committee, in order to review the bids and report back to Council. B. Low base bid in the amount of $169~559.00 was submitted by Structures and Utilities Co., Inc. II. Issues in order of importance: A. Compliance of the bidders with the requirements of the Contract Documents. B. Amount of low base bid. C. Funds for construction. III. Alternatives are: Award a unit price contract to Structures and Utilities Co., Inc. in the amount of $169,559.00 and establish a contingency fund for the project in the amount of $16,000.00. 1. ~ompliance of the bidders with the requirements of the Contract Documents was met. Page 2 2. Amount of low base bid is acceptable and is 3.33% below the engineer's estimate. 3. Funds for construction of the project are available. Reject all bids and not construct the project. 1. Compliance of all bidders with the requirements of the Contract Documents would not be an issue. 2. Amount of unit prices would probably be higher if rebid at a later date. 3. Funds would not be expended. IV. Recommendation is that City Council take the following action: Ae Award a unit price contract to Structures and Utilities Co., Inc. in the amount of $169,559.00 in a form acceptable to the City Attorney. B. Reject all other bids received. C. Authorize the Director of Finance to transfer the listed amounts from the following existing accounts: Franklin Road Pump Station Account No. 002-056-8341-9060 Grandin Road Tank (Construction complete) Account No. 002-056-8327-9060 $174,000.00 11,559.00 TOTAL: $185,559.00 to Project No. 85-12 Franklin Road Booster Pumping Station with an Account No. to be established by the City Finance Department. ($169,559.00 contract amount and $16,000.00 contingency.) Page 3 Respectfully submitted, William F. Clark ~¢l~Slmm Attachment: Tabulation of Bids cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Construction Cost Technician TABULATION OF BIDS PROJECT NO. 85-12 FRANKLIN ROAD BOOSTER PU~PING STATION Bids opened before Roanoke City Council at 1:30 P.M., Monday, July 28, 1986. BIDDER BASE BID Structures & Utilities Co., Inc. $169,559.00 Acorn Construction $179,850.00 Breakell, Inc. $188,000.00 Engineer's Estimate: $175,400.00 ~Chairma~n Kit B. Kiser William F. Clark Office of the City Clerk July 30, 1986 File # 4~68B Mr. Robert A. Garland, Chairman ) Mr. Hilliam F. Clark ) Committee Mr. Kit B. Kiser ) Gentlemen: The following bids for Franklin Road booster pumping station, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986: BIDDER BID ITEM #1 BID ITEM #2 Structures and Utilities Company, Inc. $169,559.00 -$ 500.00 Acorn Construction, Ltd. 179,850.00 500.00 Breakell, Inc. 188,000.00 1,000.0~ On motion, duly seconded and unanimously adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, MFP:se Mary F. Parker, CMC City Clerk Room456 MunlclpolBuildlng 215 0nu~'h Avenue, S,W. Roonc~e, VIrglnla24011 (703)98t-2...~1.'1 Mr. Robert A. Garland Mr. William F. Clark Mr. Kit B. Kiser Page 2 July 30, 1986 cc: Structures and Utilities Company, Inc., ~p. O. Box 2218, Christiansburg, Virginia 24068 Acorn Construction, Ltd., P. O. Box 625, Troutville Virginia 24175 ' Breakell, Inc., P. O. Box 6414, Roanoke, Virginia 24017 Mr. Wilburn C. Dibting, Jr., City Attorney Office of the Oty Clerk August 18, 1986 File #468B Fisher Tank Company 2330 Two Notch Road Lexington, South Carolina 29072 Gentlemen: I am enclosing copy of Ordinance No. 28310, accepting your pro- posal for construction of the Franklin Road Water Tank, in the total amount of $226,700.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enco cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney f,lr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huff~ne, City Engineer ~lrs. Delores Irving, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Hr. M. Craig Sluss, I1anager, Water Production Room456 MuniclpalBullding 215C~urchAv~'~ue, S.W. Roonoke, V1rglnia2,4011 (703)98t-254"1 Office c~ Fne Qly Qen~ ~ugust 18, 1986 File #468B Advance Tank & Construction Erected Steel Products, Inc Company . P. O. Box 26943 P. O. Box 180 Richmond, Virginia 23261 Cropwell, Alabama 35054. Industrial Welding & Machine Industrial ~.lechan~cal Services, Corporation Inc. P. d. Box 137 P. O. Box 642 Atkins, Virginia 24311 Hildebran, N. C. 28~37 Gentlemen: I am enclosing copy of Ordinance No. 28310, accepting the pro- posal of Fisher Tank Company for construction of the Franklin Road Water Tank, in the total amount of $226,700.00, which Ordindnce was adopted by the Council of the City of Roanoke at a regular meeting meld on Monday, August 11, 1986. On behalf of the Council, I woula like to express appreciation to you for submitting your proposal for construction of the Franklin Road Water Tank. Sincerely, MFP:se Enc. Nary F. Parker, CMC City Clerk Room 456 Municipal Buff(ling 215 Church Avenue, S.W. Roonc~e, Vlrglnla 2401t (703) 984-2541 IN I~IE COUNCIL OF THE CITy OF ROANOKE, VIRGINIA, The llth day of August, 1986. No. 28310. AN ORDINAi~ICE accepting the bid of Fisher Tank Company for construction of the Franklin Road Water Tank, 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 ORDAI~IED by the Council of the City of Roanoke as follows: 1. The bid of Fisher Tank Company, for the construction of the Franklin Road Water Tank, in the total amount of $226,700.00, such bid being in full compliance %~ith the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the suc- cessful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the work to be paid for out of appropriated by Council. City Attorney, and the cost of said funds heretofore or simultaneously 3. Any and all other bids made to the City for the afore- said work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appre- ciation for such bid. 4. In order to provide for the Usual municipal government, ordinance shall be daily operation of the an emergency is deemed to exist, and this in full force and effect upon its passage. ATTEST: City Clerk. Office of the C~y Oe~ August 18, 1986 File #468B-60 lqr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance Ho. 28309, amending and reor- daining certain sections of the 1986-87 Water Fund Appropriations, to provide for the transfer of funds in connec- tion with the award of a contract to Fisher Tank Company for construction of the Franklin Road Water Tank, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enco cc: Hr. W. Robert Herbert, City Manager ~lr. ~ilburn C. IHbling, Jr., City Attorney Mr. Hilliam F. Clark, Director of Public ;~orks Mr. Charles ~I. Huffine, City Engineer Mrs. Delores Irving, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Mr. M. Craig Sluss, ~lanager, ~'~ater Production Room 456 Municipal Bullcling 215 Church Avenue, S.W. Roonoke, Virginia 24011 (703) 981-254'1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1986. No. 28309. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Water 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 Water Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Capital Outlay from Revenue Franklin Road Water Tank (1) ........ ......... 243 700 Franklin Road Tank Land (2).. '''' ' .................... 13 462 Grandin Road Tank (3) ............................ 17,679 $2,827,872 (1) Approp. from General Rev. (2) Approp. from General Rev. (3) Approp. from General Rev. (A002-056-8350-9003) (A002-056-8343-9003) (A002-056-8327-9003) $ 43,700 (30,000) (13,700) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. this ATTEST: City Clerk. Roanoke, Virginia August 11, 1986 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Project No. 85-13 Franklin Road Water Tank I concur in the recommendation of the Bid Committee Report. WRH/ES/mm Respectfully submitted, W. Robert Herbert City Manager Attachment CC: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations City Engineer Construction Cost Technician Roanoke, Virginia August 11, 1986 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Project No. 85-13 Franklin Road Water Tank I. Background: City Council received, publicly opened and read five (5) bids for subject project on July 28, 1986, and referred the bids to a Bid Committee, in order to review the bids and report back to Council. B. Low base bid in the amount of $226~700.00 was submitted by Fisher Tank Company. II. Issues in order of importance: A. Compliance of the bidders with the requirements of the Contract Documents. B. Amount of low base bid. C. Funds for construction. III. Alternatives are: Award a unit price contract to Fisher Tank Company in the amount of $226~700.00 and establish a contingency fund for the project in the amount of $22~000.00. 1. Compliance of the bidders with the requirements of the Contract Documents was met. 2. Amount of low base bid is acceptable and is 0.67% above the engineer's estimate. 3. Funds for construction of the project are available. Page 2 IV. Reject all bids and not construct the project. 1. Compliance of all bidders with the requirements of the Contract Documents would not be an issue. 2. Amount of unit prices would probably be higher if rebid at a later date. 3. Funds would not be expended. Recommendation is that City Council take the following action: Award a unit price contract to Fisher Tank Company in the amount of $226~700.00 in a form acceptable to the City Attorney. B. Reject all other bids received. C. Authorize the Director of Finance to transfer the listed amounts from the following existing accounts: 1. Franklin Road Water Tank Account No. 002-056-8350-9060 $200,000.00 2. Franklin Road Tank Land Account No. 002-056-8343-9060 35,000.00 3. Grandin Road Tank (Construction complete) Account No. 002-056-8327-9060 Franklin Road Tank Land Account No. 002-056-8343-9060 (Purchase New Tank Site) 13,700.00 10,000.00 TOTAL: $258,700.00 to Project No. 85-13 Franklin Road Water Tank ($226,700.00 contract amount, $22~000.00 contingency, and $10,000.00 for purchase of Tank Site.) Authorize the expenditure of $10,000.00 ($5,000.00 of which will be reimbursed from Colony Properties, the developer of adjacent property) for the acquisition of a .6316 acre parcel of land from Rockydale Quarries for the tank site. Page 3 Respectfully submitted, ~i Chairman Kit B. Kiser William F. Clark m~¢/~S/mm Attachment: Tabulation of Bids cC: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Construction Cost Technician TABULATION OF BIDS PROJECT NO. 85-13 FRANKLIN ROAD WATER TANK Bids opened before Roanoke City Council at 1:30 P.M., Monday, July 28, BIDDER BASE BID Fisher Tank Company $226,700.00 Advance Tank & Const. Co. $229,360.00 Erected Steel Products $234,590.00 Industrial Welding & Machine $256,157.00 Industrial Mechanical Services $296,425.00 1986. Engineer's Estimate: $225,200.00 Kit B. Kiser William ¥. Clark Office of July 30, 1986 File #4'68B Mr. Robert A. Garland, Chairman ) Mr. !,lilliam F. Clark ) Committee Mr. Kit B. Kiser ) Gentlemen: The followin§ bids for Franklin Road water tank #1, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986: BIDDER BID ITEM #1 $226,700.00 229,360.00 234,590.00 256,157.00 296,425.00 Fisher Tank Company Advance Tank & Construction Company Erected Steel Products, Inc. Industrial Welding & Hachine Corporation Industrial Mechanical Services, Inc. On motion, duly seconded and unanimously adopted, the bids were referred to you for taDulation report and recommendation to Council. ' Si ncerely, MFP:se Mary F. Parker, CMC City Clerk Room 456 Municipal Building 215 (D~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Mr. Robert A. Garland Mr. William F. Clark Mr. Kit B. Kiser Page 2 July 30, 1986 cc: Fisher Tank Company, 2330 Two Notch Road', Lexington, South Carolina 29072 ~ Advance Tank & Construction Company, P O. Box 180 Cropwell Alabama 35054 ' ' ' Erected Steel Products, Inc., p. O. Box 26943, Richmond Virginia 23261 ' Industrial Welding & Machine Corporation, p. O. Box 137 Atkins, Virginia 24311 ' Industrial Mechanical Services, Inc., P. O. Box 642 Hildebran, North Carolina 28637 ' Mr. Wilburn C. Dibling, Jr., City Attorney August 18, 1986 File #24-322 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28259, amending and reor- daining paragraph (a) of §19-45, License tax categories and rates, Code of the City of Roanoke (i979), as amended, to divide the retail sales license tax category into two subcategories con- sisting of mail order distribution centers and all other retail sales; estaolishing rates for each subcategory; and providing for an effective date, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 11, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room 456 Municipal Building 215 C~u~h A,~nue, 5.W. Roonoke, Virginia 24011 (703) 981-2541 Mr. W. Robert Herbert Page 2 August 18, 1986 cc: Mr Mr Mr Mr Jerome S. Howard, Jr., Commissioner of Revenue Gordon E. Peters, City Treasurer William L. Brogan, Municipal Auditor Joel M. Schlanger, Director of Finance Mr Wilburn C. Dibling, Jr., City Attorney Mr Donald S. Caldwell, Commonwealth's Attorney Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 The Honorable Jack B. Coulter, Chief Judge, Circuit Court The Honorable James W. Flippen, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd Jr. Chief Judge General District Court ' ' ' The Honorable Ernest W. Ballou, Judge, Circuit Court The Honorable Roy B.. Willett, Judge, Circuit Cour.t The Honorable G. O. Clemens, Judge, Circuit Court P. O. Box 1016, Salem, Virginia 24153 ' Miss Patsy Testerman, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Mr. Bobby D. Casey, Office of the Magistrate, p. O. Box 13867, Roanoke, Virginia 24037 Ms. Clayne Iq. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, p. O. Box 2235, Tallahassee, Florida 32304 IN 'I~E COUNCIL OF THE CITY OF ROANOKE, The llth day of August, 1986. VIRGINIA, No. 28259. AN ORDINANCE amending and reordaining paragraph (a) of §19-45, License tax categories and raten, Code of the City of Roanoke (1979), as amended, to divide the retail sales license tax category into two subcategories consisting of mail order distribution centers and all other retail sales; establishing rates for each subcategory; and pro- viding for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Paragraph (a) of §19-45, License tax categories and raten, Code of the City of Roanoke (1979), as amended, is amended and reor- dained as follows: §19-45. License tax categories and rate~. (a) Except as otherwise provided in this chapter, there are established, pursuant to Chapter 37, License 'faxes, of Title 58.1, Taxation, Code of Virginia (1950), as amended, the following categories and subcategories and rates for the local license tax per one hundred dollars ($100.00) of gross receipts from each business, profession or occu- pation for the prior calendar year: (2) For retail sales: Ma i 1 (i) order distribution centers: 'l~enty cents ($0.20) per one hundred dollars ($100.00) on the first twenty million dol- lars ($20,000,000.00) of gross receipts; (ii) Five cents ($0.05) per one hun- dred dollars ($100.00) on all gross receipts between twenty million dollars ($20,000,000.00) and forty million dollars ($40,000,000.00); and (iii) One cent ($0.01) per one hundred dollars ($100.00) on all gross receipts over forty ~nillion dol- lars ($40,000,000.00); All other retail sales, thirty dollars ($30.00) or twenty cents ($0.20) per one hundred dollars ($100.00) of ~ross receipts, whichever is higher; This ordinance shall be effective on and after January 1, 1987. ATTEST: City Clerk Roanoke, Virginia July 28, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Business License Taxes Mail Order Distribution Centers I. Back~round: II. III. Mail order sales have increased locally, statewide and nationwide, especially over the last 10 years. In 1974 nationwide mail order sales were $15.2 billion and increased to $44 billion by 1984. Nationwide growth in mail order merchandise sales was 50% ahead of retail sales growth in the fourth quarter of 1985. Mail order distribution and fulfillment centers are rapidly becoming a new source of basic employment in the Commonwealth and in Roanoke, Virginia. Issues: A. Revenue. B. Economic development capability. Alternatives: Create a retail sub-classification for mail order distribution centers, effective January 1, 1987. The proposed rate is as follows: $.20/$100 gross sales up to $20 million. $.05/$100 gross sales from $20-40 million. $.01/$100 gross sales above $40 million. Revenue will not be reduced from existing businesses as a result of this proposal. However, revenue would be expected to increase as the City attracts new mail-order distribution centers and as present businesses view this as an incentive to increase sales volumes. Members of Council Page 2 Economic development capabilit~ would be greatly enhanced by making Roanoke, Virginia more competitive with other localities. For example, other cities have created new retail sub-classifications for mail order distribution centers and Lynchburg, Virginia is a good example. Lynchburg presently has the tax rate structure that is being proposed for Roanoke. B. Do not authorize the creation of a new retail sub- classification for mail order distribution centers. Revenue from present businesses will be unaffected. But, Roanoke's ability to attract new mail order distribution centers will be diminished, thus limiting the opportunity for growth in revenue. Economic development capabilit~ would be restricted. City of Roanoke would not be competitive with other localities seeking to attract new mail order centers. The IV. Recommendation: Adopt Alternative "A" thereby creating a retail sub-classification for mail order distribution centers. Respectfully submitted, WRH:PFS:mpf cc: Assistant City Manager City Attorney Director of Finance Commissioner of Revenue Chief, Economic Development and Grants W. Robert Herbert City Manager August 18, 1986 File #132 Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I am attaching copy of Resolution No. 28311, postponing the meeting of the Council of the City of Roanoke scheduled for Monday, September 22, 1986, at 2:00 p.m., to Thursday, September 25, 1986, at 2:00 p.m., which Resolution was adopted by the Counci at a regular meeting held on Monday, August 11, 1986. Sincerely, Hary F. Parker, CMC City Clerk MFP:se EriC . cc: Mr Mr Mr Nr Mr Mr Pub Mr. Mr. Mr. W. Robert Herbert, City Manager WiTburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance William L. Brogan, Municipal Auditor Von W. Moody, III, Director of Real Estate Valuation George C. Snead, Jr., Director of Administration and ic Safety William F. Clark, Director of Public Works Kit B. K~ser, Director of Utilities and Operations James D. Ritchie, Director of Human Resources Room 45~, Municipal Building 215 C~u~h Av~'~ue, S.W. A,oanoke, Virginia 24011 (703) 98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1986. No. 28311. A RESOLUTION postponing the meeting of the Council of the City of Roanoke scheduled for 5{onday, September 22, 1986, at 2:00 p.m., to Thursday, September 25, 1986, at 2:00 p.m. WHEREAS, the majority of the members of City Council will be in attendance at the Annual Conference of the Virginia ~nicipal League being held in Norfolk, Virginia, from September 21 through September 23, 1986; and WHEREAS, Council desires to postpone its meeting regularly scheduled for Monday, September 22, 1986, at 2:00 p.m.; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The meeting of the Council scheduled to be held on Monday, September 22, 1986, at 2:00 p.m., in the Council Chambers of the Municipal Building, is hereby POSTPONED to Thursday, Sep- tember 25, 1986, at 2:00 p.m., in the Council Chambers of the Municipal Building. 2. The City Clerk are deemed necessary and is hereby authorized to take whatever postponement of Council's appropriate to notify the public regularly scheduled meeting. steps of the ATTEST: City Clerk. CITY OF ROANOKE INT~'RD£PARTMENT COMMUNICATION DATE: July 25, 1986 TO: Mr. Wilburn C. Dibling, Jr., City Attorney FROM: Mayor Noel C. Taylor SUBJECT: Please prepare the appropriate measure Cancelling the regular meeting of Council on Monday, September 22, 1986, at 2:00 p.m., inasmuch as a majority of the members of Council will be attending the Virginia Municipal League in Norfolk. Please reschedule the .meeting for Thursday, September 25 at 2:00 p.m. Your usual prompt and cour[eous'assistance will be appre- ciated. NCT:jas