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HomeMy WebLinkAboutCouncil Actions 07-28-8628255 REGULAR WEEKLY SESSION ...... ROANOKE July 28, 1986 2:00 p.m. AGENDA FOR THE COUNCIL CITY COUNCIL Call to Order -- Roll Call. All preserve. The invocation will be delivered by The Reverend Frank W. Feather, Pastor, Forest Park Baptist Church. Preset. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. 6.a. - Adopted Ordinance No. 28255, Ordinance No. 28256 and Resolution No. 28257, relatin~ ~ID OPENINGS A. Bids for replacement of Mason Mill Road Bridge over Ti nker Creek· Five bids were ref~ed to a committee composed of Mess~a. Garland, Chairman, Clark and Huffine. B. Bids for Franklin Road water line. Seven bids were ref~.~%ed to a committee composed of Messrs. Garland, Chairman, Kiaer and Cl~k. C. Bids for Franklin Road booster pumping station. Three bids w~e referred to a committee com.~osed of Messrs. God, land, Chairman, Kia~ and Clark. D. Bids for Franklin Road water tank ~I. Five bids were ref~ed to a committee composed of Messrs. Go. nd, Cha~an, Kiser and Cla~k. E. Bids for storm drain relocation, Exxon Roanoke Terminal . Three bids w~e refe~ed to a commdXtee composed of Messrs. Garland, Chox~an, K~er and Cl~k. F. Bids for flood damage repair, br~K picnic s~elter in Wasena Park . Three bids were ref~ed to a commiX~tee composed of Messrs. Go. land, Chairman, Snead and CLa~k. G. Bids for Roanoke Sports Complex, Maher Field improvements. Three bids were refer~ed to a committee composed of Messrs, Go. land, Chairman, Snead and Cl~k. PUBLIC HEARINGS Public hearing on a proposed projet~ application for an Urban Development Action Grant for ~ $5 million distri- bution facility to be constructed oy Nicholas Taubman and Advance Stores Company, Inc., !q the Roanoke Centre for Industry and Technology. Mr. W. Robert Herbert, City Manager. WITHDRAWN CONSENT.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 ANO CONSidERED SEPARATELY. to the ~ll Mountain Park - Phone II Improvement Project [7-0)~ - - to Roanoke. C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-9 Minutes of the regular meeting of Council held on Monday, June 23, 1986, and the organizational meeting held on Monday, July 7, 1986. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from Mr. B. ~. Langh~Fm, Vice President and General Manager, Cox Cable Roanoke, transmitting a summary of Cox Cable Roanoke's status as of June 39, 1986. RECOMMENDED ACTION: Receive and file. An informational report of the City Manager with regard to the Sister Cities Fountain. RECOMMENDED ACTION: Receive and file. An informational report of the Director of Finance with regard to the Supreme Court's ruling on Gramm-Rudman and what it means. RECOMMENDED ACTION: Receive and file. Annual report 6f the Roanoke Arts Commission for 1985-86. RECOMMENDED ACTION: Receive and file. Qualification of Joan members of the Roanoke Arts each ending June 30, 1989. T. Martin and ,qichard L. Meagher as Commission for terms of three years RECOMMENDED ACTION: Receive and file. Qualification of Lewis W. Peery as a member of the Personnel and Employment Practices Commission for a term of three years ending June 30, 1989. RECOMMENDED ACTION: Receive and file. Qualification of Sidney A. Weinstein as a member of the Airport Advisory Commission for a term of four years ending June 30, 1990. RECOMMENDED ACTION: Receive and file. Qualification of Katherine G. Cochran as a member of the Roanoke Public Library Board for a term of three years ending June 30, 1989. RECOMMENDED ACTION: Receive and file. (2) C-10 A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of'Virginia {1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to-~iscuss personne) mat- ters relating to vacancies on various authorities, boar~s, commissions and com- mittees appointed.by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: None. Reports of Officers: a. City Manager: Briefings: 1. A report with regard to parking Received and filed. 2. A report with regard to police Received and filed. Items Recommended for Action: ticket revisions. vehicle markings. 3. A report requesting that a public hearing be scheduled to amend the Community Development Block Grant Program. Concurred in recommendation and Coun~ set a public he~ing for ~u~t 11 at 4. A report with regard to authorization to file~two 7:~3_0 p. applications with the Virginia Department of Highways and Transportation for Industrial ~ccess Road Funds. Adopted Ordinance No. 28258 (7-0). 5. A report with regard to a request from F & B Developers that the City officially open an.~ improve a certain section of Norwood Street, S. W. De_2~zyed pending fuyuth~.yt informa~ion. 6. A report with regard to business license taxes for mail order distribution centers. A~opZed O~dinance No. 28259 (7-0) on first reading. 7. A report recommending approval of a request for Virginia Housing Development Authority financing of rehabilitation construction for the Caru and Caru East Apartments· Adopted R~solu4~ion No. 28260 (.7~0)~. (3) A report recommending that an engineering services reimbursement with a cost ceiling contract be awarded to Rayes, Seay, Mattern and Mattern, in an amount not to exceed $17,400.00, for the 1986-87 Bridge Inspection Pro~ram. Adopted Ordinance No. 28261 (7-0). 10. 11. A report with regard to accepting~[ake Drive, S. W., for public maintenance, providing water service, street lights and street maintenance, contingent upon certain conditions· The City Manager~ requited to con4tinue to work with pro- peyu~y owney~. A communica~tion from Jom~uthan Rog~s in opposx~tion to donouting A report recommending authorization to execute Change Order No. 1 to the contract with Wilkins Construction Company, Inc., for the Walnut Avenue Bridge, S. E. deck rehabilitation. Adopted Ordinance No. 28262 ~-0) and Ordinance No. 28263 (7-0). A report recommending authorization for the acquisition of twenty-four properties between the westerly boundary of Washington Park and lOth Street, N. W., for the Lick Run Retention Pond, and that funds be transferred therefor· WITHDRAWN 12. A report concerning a boundary adjustment with the City of S'alem resulting from a realignment of Keagy Road. C~ncuYuted in recommendation. 13. A report recommending the adoption of an Ordinance to amend Section 7-13 of the Code of the City of Roanoke (1979), as amended, to provide for adoption of new building codes to replace earlier editions of the same codes. Adopted Ordinance No. 28264 [7-0). 14. A report concurring in a report of the Bid Committee recommending the purchase of one new four-wheel drive passenger type vehicle to be Used by the City Manager's office. Adopted Ordinance No. 28265 (7-0) and Ordinance No. 28266 (7-0). 15. A joint report of the City Manager and the City Attorney relative to the regulati:)n of ambulance ser- vice in the City of Roanoke· Adopted Ordinance No. 28267 (7-0). City Attorney: A report transmitting a Resol ~cion electing and appointing Von W. Moody, III, as Director of Real Estate Valuation, effective August 1, 1986, and an Ordinance repealing Ordinance No. 26661, adopted August 22, 1983, which placed the Office of Real Estate Valuation under the temporary supervision of the Commissioner of Revenue, and enacting certain new sec- tions to the Code of the City of Roanoke relating to the Office of Real Estate Valuation. Adopted Ordinance No. 28268 (7-0) and R~ol~on No. 2826~ (5-2, M~S~. Harvey and Mu~ser vox~Lng no). (4) a ~ght-of-~y to the C~ty based on three poi~s of aons~deyu~tion, wa& referred to the City Manage. ~ c. Oirector of F~nance: 1. A financial report for the month of June, 1986. R~c~ived and filed. 2. A 'report recommending that certain funds be reappropriated into the current year budget in order that expenditures may be properly classified and 1 iquidated. Adopted Budge~ Ordinance Nos. 28270 (General), 2827/ (Wate~ 28272 (Se~aRe), 28273 (A~port), 28274 (Civic Cent~%) and 28275 II~n~ Reports 'of Committ'ees: lS~vice) (7-0). , ' a. A report of the committee, a~pointed to tabulate bids received for Mill Mountain Park Phase II Improvement Project· Mr. Robert A. Garland, Chairman. ISee page II b. A report of the committee appointed to tabulate bids received for Roanoke City Jail pod addition, recommending that a lump sum contract, in the amount of $712,800.00 and 180 consecutive calendar days, be awarded to Thor, Incorporated, and that funds be transferred therefor. Mr. Robert A. Garland, Chairman. Adopted Ordi~nce No. 28276 (7-0) and Ordinance No. 28277 (7-0). Unfinished Business: None. Introduction and Cohsideration of Ordinances and Resolutions: Ordinance No. 28235, on second reading, permanently vacating, discontinuing and closing a portion of Frantz Street, N. W., approximately 499.21 feet in length and 22.03 feet wide· Adopted Ordinance No. 28235 (7-0). Ordinance No. 28236, on second reading, rezoning five par- cels of land located on Hershberger Road, N. W., near Cove Road, containing approximately 1.5 acres, designated as Official Tax Nos. 2560801, 2560802, 2560814, 2560815 and 2560816, from RS-3, Single Family Residential District, to RD, Duplex Residential District. Ado~ted Ord~Lnance No. 28236 (6-0, M~. H~vey abstaiming). Ordinance No. 28237, on second reading, rezoning a certain tract of land located at 2610 RoanoKe Avenue, S. W., con- taining approximately 1.842 acres, designated as Official Tax No. 1430102, from RS-3, Single Family Residential District, to LM, Light Manufacturing District. Adopted Ordinance No. 28237 (7-0). Ordinance No. 28238, on second reading, rezoning a tract of land containing approximately 5.2 acres, located on the westerly side of North Jefferson Street, bounded on the west Dy Gainsboro Road, and on the south ~y Patton Avenue, N. W., designated as Official Tax Nos. 2021802, 2U219UI, 2021902, and 2011001, including a closed portion of Rutherford Avenue, N. W., from C-4, Central Business Expansion District, to RG-2, General Residential District. Adopted Ordinance No. 28238 (6-0, Mr. Bowe~ abstaiming). (5) 10. Ordinance No. 28239, on second reading, rezoning a tract of land containing approximately 2.0 acres, located south of the N & W Railway right-of-way and west of Murray Road, S. ~., designated as a portion of Official Tax Nos. 52106017 5210605, 5210606, 5210607 and 5210608, from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain proffered conditions· Adopted Ordinance No. 28239 [7-0). - Ordinance No. 28240, on second reading, rezoning a tract of land containing approximately 1/9 acre, located at 1911 Memorial Avenue, S. W., between Memorial Avenue and Denniston Avenue, being a portion of Lots 14 and 15, Block 5, Section 1, Virginia Heights, designated as Official Tax No. 1330302, from C-1, Office and Institutional District, to C-2, General Commercial District, subject to certain proffered conditions· Adopted Orc~L~nce No. 28240 (7-0). Motions and Miscellaneous ~usiness: Inquiries and/or comments by the Mayor and members of City Council· b. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: Committee assignme~ and cha~a~ips of Coun~ member6 will continue as currently a~signed. Appointed Ronald E. C~isle as a member of the Board of Trustees - City of Roanoke Pension Plan. (6) Office o~ the City C]e~ July 30, 1986 File #68-67 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 28257, accepting a gift from the Roanoke Times and World News to mark the one hundredth birthday of the newspaper and expressing the appreciation of Council for such donation, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. Si ncerety, Mary F. Parker, CMC City Clerk MFP:se Enc o cc: Mr. ~1. Cart Andrews, Chairman, Mill Mountain Development Committee, 2814 Crystal Spring Avenue, S W. Roanoke, Virginia 24014 ' ' Mr. Jack D. Hayslett, Chairman, Citizens' Advisory Committee, City Wide Park Study, 408 Houston Avenue N. E. Roanoke, Virginia 24012 ' ' ~lr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Jimmie B. Layman, Manager, Parks and Recreation/Grounds Maintenance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mrs. Delores Irving, Construction Cost Technician Room456 MunicipalBuildlng 215 C~urch Avenue, S.W. Roanoke, VIrglnla24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 28257. A RESOLUTION accepting a gift from the Roanoke Times and World News to mark the one hundredth birthday of the newspaper and expressing the appreciation of Council for such donation. WHEREAS, the Roanoke Times and World News is celebrating one hundredth year of service to the Roanoke Valley; and WHEREAS, the Roanoke Times and World News has offered to donate up to $37,800.00 to provide funds to be used of a new overlook, stone wall and development of the on Mill Mountain and WHEREAS, this Council wishes to accept the generous gift of the Roanoke Times such gift. THEREFORE, BE Roanoke that: its for construction surrounding area and World News and to express its gratitude for IT RESOLVED by the Council of the City of 1. The City accepts the gift from the Roanoke Times and World News of up to $37.800.00 to be used for construction of a new overlook, stone wall and development of the surrounding area on Mill Mountain. 2. The Council hereby expresses its sincere gratitude for this generous donation which will provide facilities to be used and enjoyed by present and future citizens of the Roanoke Valley and by visitors to the area. 3. As a token of Council's appreciation, the City Manager is directed to arrange for the erection of an appropriate marker near the Mill Mountain Star to recognize the donation. 4. The City Clerk is directed to forward an attested copy of this resolution to Walter Rugaber, President and Publisher of the Roanoke Times and World News. ATTEST: City Clerk. July 30, 1986 File #67~ Boxley Construction Company P. O. Box 8338 Roanoke, Virginia 24014 Gentlemen: I am enclosing copy of Ordinance No. 28256, accepting your pro- posal for construction of base bid items and alternates i through 5 for Phase II of the Mill Mountain Park Improvement Project, in the total amount of $233,178.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. Sincerely, Mary F. Parker, CMC City Clerk HFP:se Enc o cc: Mr. M. Carl Andrews, Chairman, Mill Mountain Development Committee, 2814 Crystal Spring Avenue, S. W. Roanoke, Virginia 24014 ' Mr. Jack D. Hayslett, Chairman, Citizens' Advisory Committee, City Wide Park Study, 408 Houston Avenue, N. E. Roanoke Virginia 24012 ' ' Mr. Walter Rugaber, President and Publisher, Roanoke Times and World News, P. O. Box 1951, Roanoke, Virginia 24008 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Jimmie B. Layman, Manager, Parks and Recreation/Grounds Maintenance Mr. Hilliam F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mrs. Delores Irving, Construction Cost Technician Room456 Mun~l~l~I~l~ 215 ~urchAvem~,$.W. Roonc~e,~in~2~11 (7~)98t-2~1 Office of ~ne Oh/Ck4~ July 30, 1986 File #67~ Acorn Construction, Ltd. Construction Services of P. O. Box 625 Roanoke, Inc. Troutville, Virginia 24175 6164 Burnham Road, S. Roanoke, Virginia 24018 Gentlemen: I am enclosing copy of Ordinance No. 28256, accepting the pro- posal of Boxley Construction Company for construction of base bid items and alternates I through 5 for Phase II of the Mill Mountain Park Improvement Project, in the total amount of $233,178.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting helm on Monday, July 28, 1986. On behalf of the Council, I would like to express appreciation to you for submitting your proposal for construction of Phase II of the ~!ill Mountain Park Improvement Project. Sincerely, Mary F. Parker, CMC City Clerk HFP:se Enc. P, oo~n456 MunicipalBuild~ng 215 Church A',~nue, S.W. Roanc~e,'~rglnla24011 (703)98t-2541 IN THE COUNCIL OF THE CITy OF ROANOKE, The 28th day of July, 1986. VIRGINIA, No. 28256. AN ORDINANCE accepting the bid of Boxley Construction Company, for Phase II of the Mill Mountain Park Improvement Project 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. IT ORDAINED by the Council of the City of Roanoke as BE follows 1. The bid of Boxley Construction Company, as reduced by negotiations with the City in accordance with §23.1-14(c) Code of the City of Roanoke (1979), as amended, in the total amount of $233,178.00 for construction of base bid items and alternates 1 through 5 for Phase II of the Mill 5~untain Improvement Project, such bid being in full compliance with the City's plans and spe- cifications 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 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. 3. Any and all other bids made to the City for the afore- said work are hereby REJECTED, notify each such bidder and to ciation for such bid. 4. municipal ordinance and the City Clerk is directed to express to each the City's appre- In order to provide government, shall be in for the usual daily operation of the an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. July 30, Office a~ ~he Cl~y 1986 File ~60-67 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28255, amending and reor- daining certain sections of the 1986-87 Capital Projects Fund Appropriations, to provide for the appropriation of funds for construction of Phase II of the Mill Mountain Park Improvement Project, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. Si ncerely, Mary F. Parker, CMC City Clerk MFP:se Enc o CC: Mr. M. Carl Andrews, Chairman, Mill Mountain Development Committee, 2814 Crystal Spring Avenue, S. W., Roanoke, Virginia 24014 Mr. Jack D. Hayslett, Chairman, Citizens' Advisory Committee, City Wide Park Study, 408 Houston Avenue, N. E., Roanoke, Virginia 24012 Mr. Walter Rugaber, President and Publisher, Roanoke Times and World News, P. O. Box 2491, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Jimmie B. Layman, Manager, Parks and Recreation/Grounds ~laintenance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mrs. Delores Irving, Construction Cost Technician Room45~ Munlcil:~alBuilding 215 Church Ave~ue, S.W. Roonc~e, Virglnla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 28255. 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 Recreation $ 3,062,582 Mill Mountain Park Improvements - Phase II (1-2). 273,110 Capital Improvement Reserve 10,376,670 1982 Public Improvement Bonds - Parks (3) ........ 0 1985 Public Improvement Bonds ~ Parks (4) ........ 162,000 Revenue Accounts Receivable - Roanoke Times (5) ............ $ 37,800 Other Revenue Roanoke Times (6) .................. 37,800 (1) Approp. from Bonds (A008-050-9516-9001) $147,500 (2) Approp. from Third Party (A008-050-9516-9003) 37,800 (3) Capital Imprv. Res. - Parks (A008-052-9576-9180) (78,500) (4) Capital Imprv. Res. - Parks (A008-052-9577-9180) (69,000) (5) Accts. Receivable - Roanoke Times (6) Other Revenue - Roanoke Times (X008-1128) (R008-008-1234-1028) $37,800 37,800 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. -8 Roanoke, Virginia July 28, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Mill Mountain Park Improvement Project - Phase II I concur in the recommendations of the Bid Committee for the Mill Mountain Park Improvement Project - Phase II. Respectfully submitted, W. Robert Herbert City Manager WRH/DVT/dbm '86 ,11, -8 Roanoke, Virginia July 28, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Mill Mountain Park Improvement Project - Phase II Backsround: A. The Capital Improvement Program the subject project: (C.I.P.) contains $175~000 for 1. Underground Placement of existing overhead lines. 2. New park-type lights. 3. Star overlook upgrading. 4. Miscellaneous site improvements. City Council, on January 6, 1986, awarded an A/E contract to the local firm of Sherertz, Franklin, Crawford, Shaffner (SFCS) for the subject project including the design of the following addi- tional items as requested by the Mill Mountain Development Committee: 1. A Visitor Center containing restrooms and a self-help type information area. 2. Picnic and Play Area developments. 3. Walking Trail improvements in vicinity of the Star. City Council, on March 3, 1986, appropriated $60~310.10 to facili- tate the construction of a Vistor Center in the Mill Mountain Park. II. Current Situation: City Council received the bids for the subject project on June 23, 1986. Three (3) bids were received and referred to the Bid Committee for review and report back to Council: Base Bid: New park-type lights with underground service. Page 2 Star overlook upgrading. - A Visitor Center containing restrooms and information area. Alternate No. 1: - Park entrance road realignment Alternate No. 2: - Stone wall in-front of the Star Alternate No. 3: - Unit prices for landscaping Alternate No. 4: Information Kiosks and Benches in Visitor's Center Alternate No. 5: Asphalt curb, bollards and chain Low Bid in the total amount of $235,178.00 and a construcion time of 120 consecutive calendar days was submitted by Boxley Construction Company of Roanoke, Virginia, for all work included in the Base Bid and Alternate Nos. 1 through 5 as shown on the contract documents. Construction Cost Estimates for the Base Bid and Alternate Nos. I through 5 were $190~260.00. City Administration engaged in negotiations with the low bidder pursuant to Section 23.1-14 (c), Code of the City of Roanoke (1979), as amended. As a result of these negotiations, the low bidder (Boxley Construction Company) has offered to perform all the work included in the Base Bid and Alternate Nos. 1 through 5, as shown on the construction documents, for a total lump-sum amount of $233~178.00 and a construction time of 120 consecutive calendar days (letter attached). Underground Placement of all existing overhead electrical and telephone lines is not part of the above contract work although approximately one-third of all overhead lines would be removed. This work element of the subject project would have to be completed through separate contracts for an estimated cost of $57~400.00. Page 3 APCO (underground electrical line work) . C&P (underground telephone line work) · · . $42,000.00 · . 15,400.00 Total .... $57,400.00 Roanoke Times & World-News~ Inc., has offered to contribute $37~800.00 for this project to mark the 100th birthday of the newspaper· These funds are to finance the construction of the new overlook, stonewall, and the surrounding area on Mill Mountain (letter attached). An appropriate marker recognizing Roanoke Times & World-News, Inc., for their generous contribution is proposed to be installed near the star overlook. III. Issues: A. Implementation of the project. B. Bid Compliance. C. A~ount of the iow bid. D. Fundin&. E. Timin&. IV. Alternatives: A. Award a lump sum contract to the low bidder, Boxley Construction Company of Roanoke, Virginia, to perform all the work included in the Base Bid and Alternate Nos. 1 through 5, as shown on the contract documents, in the amount of $233~178.00 and a construc- tion time of 120 consecutive calendar days. Establish a job con- tingency of $12~432.00 for a total project construction cost of $245~610.00. Also, authorize the City Manager to accept a cash contribution of $37,800.00 from the Roanoke Times & World News, Inc. to finance the construction of the new overlook, stonewall, and the surrounding area on Mill Mountain. Implementation of key work elements of the subject project, as requested by the Mill Mountain Development Committee, would be carried out. Approximately one-third of the total overhead lines would also be removed as a part of this contract. Funds are not available at this time to complete underground place- ment of all overhead lines and to construct picnic/play areas and the walking trail. Page 4 Bid Compllance of the low bid submitted by Boxley Construction Company has been verified. Amount of the low bid, as negotiated, is acceptable. Funding for the project would come from: a. 1982 Park Bond Funds (Account #008-052-9576-9180) ..... $ 78,500.00 b. 1985 Park Bond Funds (Account #008-052-9577-9180) . · · 69,000.00 c. Hill Mountain Park - Phase II (Account #008-050-9516-9001) . · 60,310.00 d. Roanoke Times & World-News~ Inc. Contribution ........ 37,800.00 Total . . $245,610.00 Timing relative to the award of the subject construction contract is critical to facilitate the completion of the pro- ject by early spring, 1987. B. Reject all bids received and do not award a contract at this time. Implementation of the project would be delayed. The City would risk losing a $37,800.00 contribution offer for this project. 2. Bid Compliance would not be an issue. 3. Amount of the iow bid in the future could be higher. Funding may be an issue if Roanoke Times & World-News recon- siders its offer to contribute $37;800.00 for this project due to the delays. Also, future competitive bidding may require additional funds. Timin~ of completion for the project would be extended. The project may not be completed before the opening of the Mill Mountain Zoo in April, 1987. Page V. Recommendations: Council concur with the implementation of Alternative "A", and, Award a lump sum contract to the low bidder, Boxley Construction Company of Roanoke, Virginia, to perform all the work included in the Base Bid and Alternate Nos. 1 through 5, as shown on the contract documents, in the amount of $233~178.00 and a construc- tion period of 120 consecutive calendar days. B. Establish a job contingency of $12~432.00 for a total project construction cost of $245~610.00. C. Authorize the City Manager to: Accept a cash contribution of $37~800.00 from Roanoke Times & World-News, Inc., towards the cost of constructing the new overlook, stonewall, and the surrounding area on Mill Mountain. Erect an appropriate marker near the Star recognizing this generous contribution from the Roanoke Times & World-News, D. Appropriate $185,300.00 from the following sources into Mill Mountain Park - Phase II Account No. 008-050-9516-9001: 1. 1982 Park Bond Funds (Account #008-052-9576-9180) .... · . $ 78,500.00 2. 1985 Park Bond Funds (Account #008-052-9577-9180) .... 69,000.00 3. Roanoke Times & World-News~ Inc. Contribution ........ 37,800.00 $185,300.00 60,310.00 $245,610.00 Total Appropriation . Current balance in Account Number 008-050-9516-9001 Total amount available for the project g. Reject all other bids. Page 6 RAG/DVT/dbm Attachments cc: Respectfully submitted, Robert A. Garland, ~hairman Snead Willlam F. Clark Mr. M. Carl Andrews, Chairman Mill Mountain Development Committee Mr. Jack D. Hayslett, Chairman Citizens' Advisory Committee on Park Study Mr. Walter Rugaber, President and Publisher Roanoke Times & World News, Inc. City Manager City Attorney Director of Finance Director of Administration and Public Safety Director of Public Works City Engineer Manager, Department of Parks and Recreation/Grounds Maintenance 000000000000 000000000000 000 000000000000 000000000000 Office of the City C]e~ June 25, 1986 File #67 Mr. Robert A. Garland, Chairman ) Mr. William F. Clark ) Committee Mr. George C. Snead, Jr. Gentlemen: The following aids for Mill Mountain Park - Phase II Improvement Project, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, June 23, 1986: BIDDER BASE BID ALT.#1 ALT.#2 Boxley Construction Company Acorn Construction, Ltd. Construction Services of Roanoke, Inc. $197,350.00 218,000.00 249,157.00 $13,050.00 18,000.00 12,012.00 $15,150.00 31,000.00 18,433.00 On motion, duly referred to you Council. seconded and unanimously adopted, the bids were for tabulation, report and recommendation to Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enco Cc: Boxley Construction Company, P. O. Box 8338, Roanoke. Virginia 24014 Acorn Construction, Ltd., P. O. Box 625, Troutville, Virginia 24175 Construction Services of Roanoke, Inc., 6164 Burnham Road, S. W., Roanoke, Virginia 24018 Mr. Wilburn C. Dibling, Jr., City Attorney Room 4~ Muni¢i~I ~ildi~ 2t5 ~urch Aven~, S,W, Roanoke, ~inia 2~11 (703) 981-2~I MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE Office of the Mc¥or August 7, 1986 File #80 Ms. Greta Evans 4331-D Garst Mill Roanoke, Virginia Dear Ms. Evans: Road, S. W. 24018 On Monday, July 28, 1986, the members of the City Council and administrative staff were privileged and honored to near your presentation of "We've Got A Star To Prove It!" A Tribute to Roanoke. On behalf of the Council and staff, I would like to take this opportunity to let you know how much we enjoyed your presentation. I know there will be many future occasions w~en you will be asked to perform your tribute to the glories of our "Star City". Congratulations on having your poem registered and copyrighted by the Library of Congress. NCT:se Si ncerel y, Noel C. Tayl Mayor, City Room 452 MunJcipol Building 215 Church Avenue, S,W, Roonoke, Virginia 240t 1 (703) 981-2444 GRETA EVANS Creative Artist July 28, 1986 Mayor Noel C. Taylor and Members of City Council of Roanoke The Municipal Building Roanoke, Virginia Dear Mayor Taylor and Members: I am positively delighted, today, to perform my Tribute to the glories of our fair city, Roanoke! Thank Goodness, for people like you, Mayor Taylor, and others who gently insisted I write a poem for our International Sister Cities Bid Presentation. With the native creative talents given me by that generous Giver of Gifts, this joy- filled work, "WE'VE GOT A STAR TO PROVE IT!", was born. I~m ecstatic over word from the Library of Congress, in our nation's capitol, that my brand-new poem has been officially registered and copyrighted. With this proud and important designation, I hope to encourage rewarding uses of "Star", both for the city which inspired its birth, and for me, its proud parent. I will be happy to speak with anyone who shows interest in my "baby" in any way. Please have those persons get in touch with me. Let's Keep Our Star Burning Brightly, 4331D Garst Mill Kd. Roanoke, VA. 24018 (703) 989-4187 0 Office of the City Oe~ August 6, 1986 File #448 Mr. B. W. Langheim Vice President and General Manager Cox Cable Roanoke P. O. Box 13726 Roanoke, Virginia 24036 Dear Mr. Langheim: Your communication transmitting a summary of Cox Cable Roanoke's status as of June 30, 1986, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. On motion, duly seconded and unanimously adopted, the com- munication was received and filed. Sincerely, Mary F. Parker, CMC City Clerk MFP:se CC: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Room456 MunicipalBuildtng 215(~urchAve~ue, S.W. Ro~noke, VlrginJa24011 (703)98t-254t Cox Cable Roanoke Cox Cable Roanoke 1909 Salem Avenue S.W. P.O. Box 13726 Roanoke, Virginia 24036 July 18, 1986 The Honorable Mayor City of Roanoke Municipal Building 215 Church Ave. Roanoke, Va. 24011 and Council Mrs. Bowles and Gentlemen: Enclosed is a summary of Cox Cable Roanoke's status as of June 30, 1986. I intend to apprise you of this information on a quarterly basis as appropriate. Please feel free to call should you have any ques- tions on this matter. Sincerely~ B. W. Langheim Vice President & General Manager BWL/ep Enclosure COX CABLE ROANOKE JUNE 30, 1986 TOTAL MILES PLANT ROANOKE CITY ROANOKE COUNTY VINTON TOTAL 438 319 36 793 APPROXIMATE NUMBER OF RESIDENCES PASSED 39,023 17,494 3,309 59,826 C. BASIC CUSTOMERS 24,989 12,729 3,135 40,853 D. TIER CUSTOMERS 23,732 12,163 3,034 38,929 E. PAY CUSTOMERS 21,371 11,078 2,586 35,035 O~ce of ~he O~y Oen~ July 31, 1986 File #175 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your informational report with regard to the Sister Cities Fountain, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. On motion, duly seconded and unanimously adopted, the report was received and filed. Sincerely, Mary F. Parker, C!-IC City Clerk MFP:se Room456 MunlcipolBuliding 215 0~urch Avenue, S.W. Roanoke, Vlrglnia24011 (703)981-254t Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council Subject: Sister Cities Fountain Information Report OfT '; Roanoke, Virginia July 28, 1986 I. Background: The Sister City Delegation from Wonju, Korea, participated in a ground breaking ceremony for the fountain on November 7, 1985, during their visit. The ceremony was held in the Colonial Plaza Park at Church Avenue and Market Street, S.E. Part of the originally proposed site is owned by the Roanoke Redevelopment and Housing Authority. Concern was expressed over deeding that portion of property to the City because of the potential impact on the development of the total site. Other sites were considered but were judged to have much less exposure and are not as well suited as Colonial Plaza as a location for the Sister Cities Fountain. II. Current Situation: A. The fountain has been purchased and is being stored at the City's Public Works Service Center. The decision has been made to locate the fountain in the ori- ginal location in Colonial Plaza Park and to modify the ori- ginal plan to fit the available site, with the understanding that if the other property becomes available in the future, the original plan can be completed. The Office of City Engineer will prepare the required contract documents to construct the fountain pool and surrounding area, to design the lighting system and water circulation and other related work. The following is the proposed schedule for this work: Advertise Project August 10, 1986 Receive Bids September 8, 1986 * Bid Committee Report to Council September 22, 1986 * * Summer Council Schedule Page 2 III. Recommendation: No action by City Council is necessary at this time and we will proceed as described hereinabove. If there are questions regarding this matter, please contact me. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/mm cc: Director of Finance City Attorney Director of Public Works City Engineer 7-0 -~ :0 _-JOE~ No II-~e.. ~HEF-' August 6, 1986 File #60-137 Mr. Joel M. Schlanger Oirector of Finance Roanoke, Virginia Dear Hr. Schlanger: Your informational report with regard to the Supreme Court's ruling on Gramm-Rudman and what it means, was before the Council of the City of RoanoKe at a regular meeting held on Monday, July 28, 1986. On motion, duly seconded and unanimously adoRted' the report was received and filed. Sincerely, MFP: s e cc: Mr. Mr. Nary F. Parker, C~IC City Clerk Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 215 O'~urch Avenue, S.W. Roanoke, Vlrginla 240'1 '~ (703) 98t-2541 DIrPARTM~'NT OF FINANCE CiTY OF ROANOKE, VA. July 28, 1986 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Supreme Court's Ruling on Gramm-Rudman and What It Means Informational Report Contrary to what many officials have been expecting, the Supreme Court's decision that part of the Gramm-Rudman~ Hollings Balanced Budget Act is unconstitutional does not provide state and local governments with any immediate relief from that law's threat to their federal aid programs. In fact, the impact of the decision is to make the out- come of the budget debate in Washington even more uncertain than it was before the ruling was issued on July 7. Therefore, it will be even harder for state and local governments to plan their own budgets. And, in spite of what the Supreme Court said, there con- tinues to be a strong possibility that federal spending in such areas as economic development, infrastructure, mass transit, and education will be reduced dramatically. The Supreme Court did not strike down all of Gramm- Rudman-Hollings. Its decision dealt with only a small part of the act -- the automatic spending cut process known as sequestration -- and left all of the other provisions untouched. As a result, the law remains substantially intact. Honorable Mayor and Members of City Council Page 2 July 28, 1986 The court ruled that the sequestration process was un- constitutional because it delegated to the comptroller general, the head of the General Accounting Office (GAO), the authority to determine whether spending cuts were necessary each year to bring the deficit down to the Gramm-Rudman maximum and to calculate the percentage by which all programs had to be cut. According to the court, these are executive powers that must be exercised by a mem- ber of the executive branch of government. The only effect of the ruling is to strike down the sequestration process that includes the comptroller general. All other provisions of Gramm-Rudman remain untouched. This includes the three most important provisions -- the annual declining limits on the federal deficit through 1991, the requirement that spending be cut each year if Congress and the President fail to reduce the deficit on their own, cuts that, if applied, local governments. Most important, and the formula to determine the spending is so harmful to federal aid to state and the Supreme Court's ruling leaves in- tact the backup sequester process included in Gramm-Rudman- Hollings by Congress when it became clear that there might be a constitutional problem with the original process. Sequestration can, therefore, continue to occur in spite of the court's decision. Ail of this points to a much higher level of uncer- tainty about the federal budget and deficit that existed before Honorable Mayor and Members of City Page 3 July 28, 1986 Council the Supreme Court's ruling. Across-the-board cuts can still take place, but we will not know for certain until the President actually signs the final sequester order. Until that time, it is more possible than ever that an alternative deficit reduction plan will emerge from (or be forced out of) Congress. It remains to be seen whether any alternative will be better for local governments than the sequestration formula. In all probability, it will be worse. If, as is likely, the Presi- dent insists that an alternative deficit reduction plan should limit or avoid military reductions and revenue increases, state and local aid programs will have to bear even more of the burden for reducing the deficit than they will have to if the Gramm- Rudman-Hollings sequestration formula is applied. In the wake of the Supreme Court's ruling, there is also uncertainty about the status of the fiscal 1986 sequestration cuts that took effect this past March. Legally, the decision makes these cuts (4.3% for non-defense, 4.9% for defense) invalid. However, the court delayed the enforcement of its ruling for sixty days to give Congress time to implement the backup sequester pro- cess retroactively for 1986. Although many budget observers be- lieve that Congress will do this quickly, it is by no means cer- tain. In addition, it is unclear whether the departments and agencies will even have time to spend the money if the backup Honorable Mayor and Members of City Council Page 4 July 28, 1986 process is not implemented for fiscal 1986. The sixty-day grace period will expire on September 7, twenty-three days before the end of the fiscal year. Presumably, the additional funds would have to be obligated during this very short period. Otherwise, the authority to do so will lapse. It is possible, however, that, even if the funds did become available on September 7, the President could attempt to use other federal budget procedures (such as impoundments) to prevent them from being spent. Here, too, federal aid to state and local governments would be most at risk because these are the programs that the Reagan Administration has most often tried to cut or terminate in the past. By contrast, if is gets the oppor- tunity, the White House may rush to spend any additional defense dollars it may get for 1986 during this period. Finally, the Supreme Court's ruling produces consider- able uncertainty about how Gramm-Rudman-Hollings will be imple- mented in the future. Congress will probably attempt to fix the constitutional problem cited by the court so that the automatic sequester process can be retained. This effort is likely to gain support as more representatives and senators realize the tremen- dous advantage the backup process gives to the President, and that the backup process will require them to vote on some very unpopu- lar spending cuts just before elections this fall. This report is presented to you for information only as several of you have asked what effect the Supreme Court's action Honorable Mayor and Members of City Council Page 5 July 28, 1986 has on the City of Roanoke. As more information becomes available and we can measure the impact on the City of Roanoke directly, you will be briefed on its specific effects. JMS:dp Office of the Ci~' Oerk August 6, 1986 File ~1//9-230 Mr. Timothy L. Jamieson Chairman Roanoke Arts Commission 6857 Sugar Rum Ridge RoanoKe, Virginia 2401~ Dear Mr. Jamieson: An annual report of the Roanoke Arts Commission for 1985-86, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. On motion, duly seconded and unanimously adop~eO the report was received and filed. ' Si ncerely, Mary F. Parker, ClqC City Clerk MFP:se P, oom456 MunicipalBuildlng 215C~urchAve~ue, S.W. Roanoke, Vlrginla24011 (703)981-2541 I{OBERT ]~, SEARS 11 July 1986 Mrs. Mary Parker City Clerk Municipal Bldg. Roanoke, Virginia Dear Mrs. Parker: Here-with 3-page Annual Report of Roanoke Arts Commission for 1985-86. Sincerely, ~~.~. ROBERT B. SEARS, Secy. Arts Commission The 1985-86 Annual Report of the Roanoke Arts Commission, covering Mar~h, 1985 through June, 1986, to Mayor Noel Taylor City Manager W. Robert Herbert, and City Council. ' Monthly meetings were held, except for December, 1985, and January, 1986, Minutes of the meetings are on file in the City Clerk's Office. A brief summary of the Commission's activities: The Commission is arranging to have a 10-foot sculpture of Cor-ten steel, left by its creator, the late Paul Ostaseski of Roanoke to the Roanoke Museum of Fine Arts, transferred to the city to be displayed in an appropriate location. It is titled "Vertical Break." Betty Branch, the Roanoke sculptor, and the Commission are considering exchanging a statue she gave the city -- a 20-inch bronze figure of a dancer -- and a larger statue she would create, one that might be more strikingly displayed and placed in the city than the smaller original gift. On July 22, 1985, the secretary of the Commission presented to City Council a report on the first annual Roanoke Arts Commission High School Art Exhibition in the Spring of 1985. The report was written by Peter Rippe, executive director of the Roanoke Museum of Fine Arts, who with Betty Carr Muse, was co-chair of the exhibition. Council voted to allocate $2,000 to the Com- mission for the second annual exhibition in 1986. On Aug. 28, 1985 the Commission, voting 9 to 3, with 2 absten- tions, recommended that City Council accept and financially support the proposed Brower Hatcher "Standing Figure" sculpture for the Courthouse atrium. On Aug. 21 Mr. Hatcher had informally briefed some Commission members on his proposal. At the July 17, 1985 Commission meeting a motion to endorse the Hatcher proposal had lost, 6 to 5. The Commission after looking at a report describing the Tacoma (Washington) Arts Commission is studying the possibility of a similar organization in Roanoke. Such an organization might combine the activities now performed by several groups under the auspices of one. Gloria Hart, executive director of the Roanoke Valley Arts Council, has been attending recent meetings of the Arts Commission. Greater coordination among the several groups involved in the arts appears to be a desirable goal. The 2nd annual Roanoke Arts Commission High School Art Exhibi- tion was held at the Alternative Gallery at the Center in the Square, May 16 through June 29, 1986. An account of the exhibition, as published in the Roanoke Times & World-News of June 4, 1986, is attached. Kemper A. Dobbins was welcomed as a Commission member at May 28, 1986 meeting. He replaces William Kuthy, who moved away from the city. Robert B. Sears, Commission secretary, has asked not be re- appointed at the expiration of his term at the end of June, 1986. Timothy Ashton resigned after accepting a position in New England. His resignation and that of Wm. Kuthy were accepted by City Council on January 27, 1986. Ashton has not been replaced. (continued next page) Page 2 Record of attendance at Roanoke Arts Commission meetings beginning March, 1985 and continuing through June, 1986. Three consecutive absences is cause for vacating membership. (See Sec. 2-283.1 City Code) Bowles, Jamieson, Taubman, Whitwell, Winborne are in this category. ASHTON P P P P A P P A A # .......... 6 3 BOWLES A P P A A* P P P A A A A P A 6 8 CREASY P P P P A P A P P P P P P A ll 3 JAMIESON A A P P P P P P P P A A A p 9 5 KUTHY P A A A P P A A A # ....... 3 6 MACFARLANE P A P P P P A A P z z P A P P P 10 4 MARTIN P P A P P P P A P ~ ~ A p P p A ~ ~ 10 4 M~AGHER A P A A P P P P A ~ ~ A P P A 8 6 ~ ~ P MUSE P A P A P P P A A ~ ~ A A P A A 6 8 RIPPE P P P P P P P P P c~ z P P P A P 13 1 SEARS P P P A P P P P P ~ ~ P P P P P 13 1 TAUBMAN IA A A P A P A P A ~, o~ P A A A P ~ 5 9 WHITWELL i P A A g P P g g A g A A ~ A 3 11 WIMBUSH i P P P A P A P P P A P :P P P 11 3 'i WINBORNE iP P A A P P A A P P A A A P i ~ i 7 7 DOBBINS i (R~p~ac~d [UTHY -- M~y [98~) p A I * Mrs. Bowles left before voting. # Respectfully submitted, ~~'SEARS, Secy. Roanoke Arts Commission July 11, 1986 Ashton and Kuthy resignations accepted by City Council on Jan. 27, 1986 =-' ROAI~OKE TIMES & WORLD-NEWS, Wed. June 4, 1986 · early:, High '6o 8howing kills sc h Iq /O [put;on' ''polished''': ;exh '" 'bi 1985-86 '~ ..... ~" ~ ~:' :;' ' .....'~ :~ ~ ~ TM "' ....... Arts ~- --2 ...... . , ' . ~: ~ ~.~," ~ ~ ~ Annual I ~ ~ ~ ~ ~g ~ ~ [~l~ihifi~o~y~e~ndn~ow./[[~ ' M~t aw~ ~ lis ~t ~ ~p~ ~ld ~ m~ ~; ~ ~ Of wo~ b~ No~ ~ ~ ~1~ "~Y of ~ ~ ~t ~mn~ pi~," he ~ 'r g~eh~ '~ N Na~"; :' ~ ~ o~ of ~ ~dg. ~ ~e ~ow, d~ .: Sp~ ~ "A Y~s T~'; W~ H~-~ ' 'It ~ me of some )f ~e pho~m ~g sion"; ~rk B~e~p, M~, done~ay,"~enid.'~Cs~neof~e~t~de Jeff~n Fo~ m~ m~a ~lpt~ '~e's a : ~tthew K~n of ~a ~ ~t~l . v~ "~d~fl~ S~new~" won ~e $75 ~nd p~ Wi~ ~ ~fl~ w~ ~pt~. ~e R~ A~ C~m~ H~h 5~ A~ A go~che ~g ~tl~ "~ ~" won ~e $50 ~d~ ' Exh~t~n ~ continue, , pr~ for ~ ~ of Jef~n Fo~t ~ ~1. ~ ~ke M~m of Fi~ A~ ~ti~ G~. ~: Ten o~ auden~ ~v~ $25 me~t aw~. ~e g~ ~ ~ ~e ~ ~e ~ow ~ ~e ~'s rely j~ e~bifion for M~'. Sq~re in ~ ~ke. ; ~ It ~lud~ 105 wor~ by j~o~ ~d ~o~ ~ 14 ,~ur~y; 10 ~m, W 8 p,m; ~p; a~ 1 ~ 5 p.~ hi~ ~k ~ ~ ~oke V~ey ~d ~e ~fl~ of Su~y. r ,~euraAlde~man views Edd[eYeary s Mehss~ at theAIternat,ve Gallery s'h[gh ~ exhibit',' ii ~ i, ,. : :~. i .~;i<~ i/:~.. <~i'~!,~? .¥~?,'!~i <i; ~.i: '[il 'i .:~j ¢,i i...'~i ~<~ ).[i¢)~:,~'.}~!i~ Office of t~e City Oen~ August 6, 1986 File #15-~30 Hr. Timothy L. Jamieson Chairman Roanoke Arts Commission 6857 Sugar Rum ~idge Roanoke, Virginia 2~018 Dear Mr. damieson: This is to advise you that Joan F. Martin and Richard L. Meagner have qualified as members of the Roanoke Arts Commission for terms of three years each ending June 30, 1989. Sincerely, Mary F. Parker, City Clerk MFP:se Room 456 Municipal Building 2t50'~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-254t Oath or Affirmation of Office Sta~e o] Virginia, Cit$/ o] Roanoke, to .wit: , do solemnly swear (or m~firm) that 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,_ according to the best of my ability. So help me God. ~ Subscribed and sworn to before me, this__ --- puty Clerk July 2, 1986 File #15-230 Ms. Joan T. Martin 1854 Belleville Road, S. W. Roanoke, Virginia 24014 Dear Ms. Martin: 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 Arts Commission 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 ~uilding prior to serving in the reelected. to Room 456 in the Municipal capacity to which you were Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. Timothy L. Jamieson, Chairman, Roanoke Arts Commission, 6857 Sugar Rum Ridge, S. W., Roanoke, Virginia 24018 Room 456 Municll:~al Building 215 (~ur,~ Av~que, S.W. Roonoke, Virginia 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, JOAN T. MARTIN was reelected as a member of the Roanoke Arts 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 0-2 Oath or Affirmation of Office 8tare of Virginia, Cit~/ o! Roanoke, to .wit: I, Richard L. l~,eaflher , 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 ail the duties incumbent upon me as a me,,~lber of the P. oanoke Arts Cor.~ission for a t~ ~f thre~ v,~.a~:s ending June 30, 1989, according to the best of my ability. So help me God. Subscribed and sworn to before me, this O~lce c~ ~e Q~ Qen~ July 2, 1986 File #15-230 Mr. Richard L. Heagher 3612 Keagy Road, S. ~. Roanoke, Virginia 24018 Dear Mr. Meagher: 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 Arts Commission 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 Building prior to serving in the reelected. to Room 456 in the Municipal capacity to which you were Si ncerely , Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. Timothy L. Jamieson, Chairman, Roanoke Arts COmmission, 6857 Sugar Rum Ridge, S. W., Roanoke, Virginia 24018 Room 456 Municipal Building 215 O~urch Av~'~ue, S.W. Roonol~, Virginia 24011 (703) 981-254.1 COMMONWEALTH OF CITY OF ROANOKE VIRGINIA To-wit: 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, RICHARD L. MEAGHER was reelected as a member of the Roanoke Arts 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 Office of the City C_Jerk August 6, 1986 File #15-202 Mr. Frederick L. Bulbin Chairman Personnel and Employment Practices Commission 2620 Richelieu Avenue, ~. Roanoke, Virginia 24014 Dear Mr. Bulbin: This is to advise you that Lewis W. Peery has member of the Personnel and £mployment Practices term of three years ending June 30, 1989. qualified as a Commission for a Sincerely, MFP:se cc: Mr, Hary F. Parker, CMC City C1 erk Eric C. Turpin, Manager, Personnel f4anagement Room 456 Municipal Building 2~ 5 Ohurch Avenue, S.W. RoanoNe, Virginia 24011 (703) 981-2541 0-2 Oath or A_ffirmafion of Office State o.f Fi~'gin~a, ~'it~ o.f ~Oa~o~e, ~o.~: I w~l ~ ' ~ ~; ~ ~ ~v , do solemnly Swear (or ~) ' ' · sUp~rt the Const~tut)on of the Umted States, and the Constitution of the State of Virginia, ~d that I w~l faithfully and impartially discharge and perform all the duties incumbent U~n me a~ ~ Subscribed and sworn to before me, this.~__/_ 0 da of Clerk July 2, 1986 File #15-202 Mr. Lewis W. Peery 508 Rutherford Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Peery: 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 Personnel and Employment Practices Commission 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 Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, Mary F. Parker, CMC City Clerk MFP:se EKIC o cc: Mr. Frederick L. Bulbin, Chairman, Personnel and Employment Practices Commission, 2620 Richelieu Avenue, S. W., Roanoke, Virginia 24014 Mr. Eric C. Turpin, Manager, Personnel Management Room456 Munlc. ll~alBulldlng 215~,~rc:hA~.~e,S.W. Roonc~e,~.glnla2~1011 (70~)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, LEWIS W. PEERY 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 O~lce o~ Fne 0~,, August 6, lq86 File #15-9 Mr. Jack C. Smith Chairman Airport Advisory Commission 14 West Kirk Avenue, S. H. Roanoke, Virginia 24011 Dear Mr. Smith: This is to advise you that Sidney member of the Airport Advisory years ending June 30, 1990. A. Weinstein has qualifiee as a Commission for a term of four Si ncer el y, Mary F. Parker, C!1C City Clerk I,iF P: se cc: 51r. Robert C. Poole, Manager, Airport Room 456 Municipal Building 215 C]'lurch Avenue, S.W. Roanoke, Virginia 2401 t (703) 981-254t 0-2 Oafh or Affirmation of Offi,ce State of Virginia, tits/of ROanobe, to.~t: I, ~'~ , do solemnly swear (o~ ~m) I w~l aup~rt the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impa~ially discharge and perform all the duties incumbent upon me a~ according to the best of my ability, So help me God. Subscribed and sworn to before mc, th/s__ July 2, 1986 File #15-9 Mr. Sidney A. Weinstein 3541 Peakwood Drive, S. W. Roanoke, Virginia 24014 Dear Mr. Weinstein: 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 Building prior to serving in the reelected. to Room 456 in the Municipal capacity to which you were Si ncerely, ~~ 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 P, oorn 456 Municipal Building 215 Church Avenue, S.W. I:~oonoke, Vlrglnla 240'1't (703) 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 23rd day of June, 1986, SIDNEY A. WEINSTEIN 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 Office of ~he Ci~' Clerk August 6, 1986 File #15-323 Mrs. Elizabeth B. Watts Chairman Roanoke Public Library Board 1272 Rockland Avenue, H. Roanoke, Virginia 24012 Oear Mrs. Watts: This is to advise you that Katherine G. Cocnran a member of the Roanoke Public Library Board for years ending June 30, 1989. has qualified as a term of three Sincerely, ?ary F. Parker, CMC City Cl eFk llFP:se cc: Mr. Alfred T. Whitelock, Jr., Manager, Libraries Room456 MunicipalBuilding 215(~urchAv~'~ue, S.W. Roanoke, VirgInia 24011 (703)981-2541 0-2 Oath or Affirmation of Office r~,, '~ ~,~ o! v/r~/./~, ~i~ ol ~o~o~, ~o.~: '86 ,]~ ~ ~ ~ I, Ka~h~r~ na G. Cochr~ , do solemnly swear (or a~rm) ~at I w~l sup~rt the Constitution of the United States, and the Constitution of the State of Virginia, and that I w~l faithfully and impartially discharge and perform all the duties incumbent upon me ag a member of the Roanoke Public Library Board for a term of three years ending June 30, 1989, according to the best of my ability. Subscribed and sworn to before me, this . -, Deputy Clerk r II July 2, 1986 File #15-323 MS. Katherine G. Cochran 2538 Round Top Road, H. Roanoke, Virginia 24012 Dear Ms. Cochran: 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 tile 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 Building prior to serving in the reelected. to Room 456 in the Municipal capacity to which you were Sincerely, ~~ t~ary F. Parker, CMC City Clerk MFP:se Enc. cc: b'irs. Elizabeth B. Harts, Chairman, Roanoke Public Library Board, 1272 Rockland Avenue, N. W., Roanoke, Virginia 24012 Hr. Alfred T. Whitelock, Jr., Manager, Libraries m~-~l~A A~,nlrinmli~Jlildln~ 21§~u~nAvenue, S.W. Roonc~e,~qrglnla24011 (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, KATHERINE G. COCHRAN was reelected as a member of the Roanoke Public Library Board 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 Office of the M~or July 28, 1986 Honorable Vice-Mayor and of Roanoke City Council Roanoke, Virginia Members Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, com- missions and committees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of V~rginia (1950), as amended. Noel C. Tayl Mayor NCT:se Room 452 Municipal Building 215 Church Avenue, S.W. Roanoke, 'Virginia 24011 (703) 981-2444 Roanoke, Virginia July 28, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: PARKING TICKET REVISIONS BACKGROUND September 24, 1984, City Council amended Ordinance Number 27232 to authorize enforcement of handicapped parking regulations on privately owned parking facilities open to the public. June 2, 1986 City Council approved Ordinance Number 28181, which allowed for the increased fines for handi- capped parking violations at the Roanoke Regional Airport. II. C. City Council asked the City Manager to review the issue of parking ticket fines for handicapped parking throughout the City. D. Enforcement of handicapped parking regulations would be accomplished using the standard city parking citation. CURRENT SITUATION Analysis of the parking fines including handicapped ~has resulted in the following concerns: t. Proper identification of handicapped spaces 2. Enforcement of violations 3. Consistancy of fines throughout the city including private parking areas 4. Review of entire parking fine structure currently in effect Bo Evaluation of above factors can be best accomplished by a data collection survey from other similiar size localities in the Commonwealth of Virginia. Data collection will take approximately 45 to 60 days. Honorable Mayor and City Council Page 2 Parking ticket revisions, printing and delivery will take another 60 days. III. SUMMARY Ao The City Administration will proceed with of data which will allow for the review fines including handicapped parking. the collection of all parking A recommendation on changes to the current parking fine structure will be submitted to City Council by September 22, 1986, for implementation on January 1, 1987. Respectfully s~mitted W. Robert Herbert City Manager WRH/DDR/cl cc: City Attorney Director of Finance Roanoke, Virginia July 28, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Council Briefing - Police Vehicle Markings I. Background: Ao October 19, 1982, members of the Police Department Equip- ment Committee conducted research concerning the visibility and aesthetic value of patrol vehicles and the impact of color and design on safety of the vehicle. They recommended Roanoke City patrol vehicle color and markings be revised. The Committee cited a Swedish Study which identified the most visible and easily recognized color scheme for police vehicles as white with a blue stripe running the length of the car from headlight to taillight. Co Police patrol vehicle color schemes have been the same since 1968. Markings and decals applied to that scheme were altered in 1982. II. Current Situation: Bo Nineteen (19) patrol vehicles authorized by City Council and purchased through the state contract have been delivered to the City painted white. Preparation of those cars for use with the old color scheme will require the painting of nineteen (1--9) units at an estimated cost of $5,700. Time required for in-house painting and other preparation is estimated at four to five months prior to the nineteenth vehicle being placed in service. C. The patrol car identification number presently in use lacks clarity at a distance. III. Future Status of Police Vehicles: New vehicles will be white in color and be marked as shown in the attached photo. This decision by the City Manager was based on the following: M~yor and Members of Council July 28, 1986 Page 2 Officer Morale - Police Officer's Equipment Committee recommended the new color and marking scheme after considerable study of the issue. 2. Operator safety and citizen identification will be enhanced. Cost savings of $5,700 immediately as the nineteen vehicles just acquired will not have to be repainted. Future vehicle purchases will require the basic white color. Repair costs and out-of-service time will go down since damaged body parts do not have to be repainted to match a two-tone color scheme. Old vehicles will be converted to the new color and marking scheme as they require routine repair or replacement. How- ever, some older vehicles will be repainted and marked imme- diately so that duty platoon vehicles are uniform in all patrol districts. IV. Conclusion: This report is intended to keep Council abreast of what the administration considers a very important change within the Police Department. The report requires no Council action. W. Robert Herbert City Manager WRH:GCS:gs pc: City Attorney Director of Finance Director of Administration and Public Safety Director of Public Works Chief of Police ~-~ 0 0 Office of the City (]e~ July 30, 1986 File #000-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report requesting that a public hearing be scheduled to amend the Community Development Block Grant Program, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. On motion, duty seconded and unanimously adopted, Council con- curred in the recommendation and set a public hearing for Honday, August 11, t986, at 7:30 p.m., in the Council Chamber. Sincerely, Platy F. Parker, CHC City Clerk MFP:se cc: Mr. Hilburn 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 Chief of Community Planning Ms. Marie T. Pontius, Grants Monitoring Administrator Room456 MuniclpalBuildlng 215 (~urch Avenue, S.W. Roano~e, Virglnla24011 (703)98"1-2541 Notice of Public Hearing before the Roanoke City Council The Roanoke City Council will hold a public hearing on Monday, August 11, 1986, at 7:30 p.m., or 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 1986-1987 Community Development Block Grant budget and Statement of Objectives to the United States Department of Housing and 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 objectives for fiscal year July 1, 1986, through June 30, 1987. This amendment consists of two activities. The first proposed activity is the use of $264,000 for site improvements to support new low 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, low interest loans up to $1,000,000 to support economic development in the City of Roanoke. This loan program also will benefit low to moderate income persons through the creation of new jobs. More details of the proposed activities and environmental assessments are available in the City Clerk's Office, Room 456, or the Office of Grants Compliance, Room 362, Municipal Building, 215 Church Avenue, Roanoke, phone 981-2141. Please publish in Thursday, July 31, 1986 edition of Roanoke Times & World News and Roanoke Tribune. Publish in display ad format, not legal ad. Bill To: Office of Grants Compliance Room 362, Municipal Building Roanoke, VA 24011 8o ,?!! 22 Roanoke, Virginia July 28, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Request for Public Hearing to Amend the 1986-87 Community Development Block Grant Program I. Background: City of Roanoke received its annual entitlement from the U. S. Department of Housing and Urban Development (HUD) in the form of a Community Development Block Grant (CDBG). 1. City Council authorized acceptance of grant in amount of $1~283~000 on June 16, 1986, by Ordinance No. 28197. ' 2. Funds were appropriated by City Council by Ordinance No. 28196 to eligible projects. B. Two recent circumstances prompt a request to amend FY 1986-1987 CDBG program and budget: Federal Courts have ordered release of $500 million CDBG funds previously withheld from national budget by federal Office of Management and Budget (OMB). HUD representatives have informed City staff that Roanoke will receive $264,000 of newly-released funds as our share of the $500 million. 2. HUD encourages localities to get double use from CDBG letter of credit funds through a CDBG "float" (see Attachment A). "Float" funds are the difference between the City's letter of credit and the amount required to keep the programs running over a period of months. For example, with the addition of the new $264,000, the City will have $3.1 million available in its CDBG letter of credit. The CDBG projects expend approximately $200,000 per month, leaving excess funds available which could be loaned out over a short term. II. Current Situation: Ae New $264~000 CDBG entitlement funds are proposed for site improvement costs at Roanoke Centre for Industry and Technology to support current and future job-producing projects. Honorable Mayor and Members of City Council Page 2 Cits proposes to create a loan pool of up to $1.9 million (exact amount to be determined by Director of Finance and justified by need) for short-term construction financing from CDBG "float" funds to sup- port economic development. 1. Local bank will provide unconditional and irrevocable letter of credit payable to City. 2. Short term of loan and underwritin9 of loan by bank will insure that regular CDBG projects will not be delayed. 3. Details of short-term loan will be established to the approval of the Director of Finance and the City Attornes. Both newly proposed activities, site improvements and short-term loan pool require amendment of current CDBG program and budget. Citizen participation requirements call for an evenin9 public hearinq by City Council to amend CDBG program and budget. Detailed report on both proposals will be presented to City Council at time of public hearing. III. Recommendation: Recommend City Council schedule Community Development Block Grant public hearing on August 11, 1986, at 7:30 p.m., in Council Chambers. Respectful ly su~mi tted, 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 ATTACHMENT A Excerpts from HUD memorandum dated December 20, 1985 Questions and Answers on "Floats" as Interim Financing O 1. What is a Float? A float is a technique under which funds are used for an activity that is expected to generate program income in time to carry out other progran~ned activities. Use of this technique is based on the premise that some activities do not require funds immediately and that a recipient's letter of credit will contain a balance (the "float") that can be used on a temporary basis. be It is important to note that although economic development is a 6ommon use of floats, floats can be used for any eligible CDBG activity which generates program income. Floats nearly always entail interim financing. However, an interim financing activity is not necessarily a float unless reuse of the paid back funds is already programmed at t-'~'~')'me the interim financin~'~akes place. Q 2. Where are floats discussed in the current regulations? Floats, per se, are not discussed at all in the current regulations. However, as noted in question three below, the current CDBG regulations are applicable to the use of CDBG floats as appropriate. O 3. Are there any special constraints on the use of floats? There are currently no "special" constraints on the use of floats. However, floats are to be treated as any other COBG assisted activity. That is, they are subject to all pertinent laws, regulations and rules such as national objectives, eligibility, citizen participation, Titles VI and VIII, Davis-Bacon, relocation, environmental protection, appropriate OMB Circulars, Treasury letter of credit requirements, etc. All CDBG program requirements apply to program income from floats. Floats are subject to the same amendment and monitoring processes as any other activity. Q 4. What are risks to grantees which use floats? As with any financing activity, there is always a risk that repayment will not be made or may be late. This is especially true with respect to float loans to "new" businesses or poorly secured loans. Because grantees often need to carry out float activities quickly, the likelihood of failing to comply with all applicable program requirements increases. Ce Since the use of CDBG funds for floats may involve activities not previously described in the Final Statement, there is a possibility that citizen participation and amendment requirements may be overlooked by the grantee. Scheduled activities may be held up while the interim financing activity proceeds to completion. Changing conditions beyond the control of the grantee, such as interest rates or other general market conditions, may seriously delay the float activity and, concomitantly, the scheduled activity for which the repayment is to be used. Q 5. What steps can the grantee take to mitigate the risks of floats? The grantee should first consider the impact of the float on the specific activity(les) it may delay, as well as its impact on the program as a~hole. Will a slow-down in activity A directly affect activities B and C, and thus seriously delay achieving a major program goal, such as the revitalization of a particular neighborhood? A grantee can help mitigate adverse effects on other activities by (1) not tying up too much of its letter of credit balance in floats (so that if delays in payback occur the impact on other activities can be absorbed by other reserves); and (2) requiring the recipient of interim financing to secure an unconditional and irrevocable letter of credit payable to the grantee that may be drawn upon in cases where paybacks are delayed. In addition to providing security, the requirement for a letter of credit ensures that the issuing financial institution will underwrite the deal (perhaps with better capability than the grantee). Ce The grantee should seek technical assistance and advice from HUD regarding any aspect of the float activity. HUD should encourage such cooperation through its contacts with grantees. ~ 6. Is Fteld Offtce approval required for floats? Field Office approval ts not required for floats anymore than it ts required for other COBG activities. However, as with all Block Grant activities, the float use ~st be described in the proposed final stat~nt as found in 24 CFR 570,301(a)(%)(it), or the float must be subject to amendment procedures, Specifically, each activity must: be described tn sufficient detail, Including location, to allow ctttzens to determine the degree to whtch they may be affected; (2) meet the ctttzen partlcipatlon requirements, Including publication in the proposed statement community-wide; and (3) be part of the Ftnal Statement available to the publlc. be The amendment process (set forth tn sectton 104 of the Act) requtres the grantee to provide citizens with reasonable notice of and an'.~portunity to coe~nt on any proposed change in the use of ~ts funds, consider the cittzen comments, modify the proposed change if it is deemed appropriate by the grantee, and make available to the public (and submit to HUD) a description of the change. This applies to floats just as it does to any other CDBG activity. If the float is expected to Impact on other activities, such impact should also be described in a final statement. In summary, if a grantee plans to use a float and has not identified the activity in the Final Statement tt must be covered in a ftnal statement before the float funds are drawndown. Thts could be by Inclusion in the next year's statement (if it is imminent), or in an amended statement. Office of the City C~erk July 30~ 1986 File #7'7-207 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28258, authorizing you to file two applications with the State Highway and Transportation Department for $450,000 and $300,000, respectively, in Industrial Access Road Funds to provide industrial access by construction of new roadways to serve two new industries in the City: setting out the need therefor; making provision for furnishing the necessary rights-of-way therefor and for the adjustment of utilities: and assuring that the City will maintain said new roadway, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc , cc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Robert K. Bengtson, Traffic Engineer Mr. Brian J. Wishneff, Chief of Economic Development ann Grants ~456 MunicipalBuildlng 2150'~urchAw~nue,$.W. Roanoke, VIrginia 24011 (70~)981-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 28258. AN ORDINANCE authorizing the City Manager to file two applications with the State Highway and Transportation Department for $450,000 and $300,000, respectively, in Industrial Access Road Funds to provide industrial access by construction of new roadways to serve two new industries in the City; setting out the need therefor; makin~ provi- sion for furnishing the necessary rights-of-way therefor and for the adjustment of utilities; assuring that the City will maintain said new roadway; and providing for an emergency. WHEREAS, the Orris Company, Inc., and Advance Stores Company, Inc., will be constructing new facilities in the Roanoke Centre for Industry and Technology on sites presently unserved by an improved public right-of-way; and WHEREAS, there is adjacent to the sites to be developed by the Orris Company, Inc., and Advance Stores Company, Inc., a substantial quantity of other similar land equally suitable for industrial deve- lopment, which other land can be made available for such purposes pro- vided adequate means of access and necessary utilities and other public services are made available to said property; and WHEREAS, the nature of the business operations of the Orris Company, Inc. and Advance Stores Company, Inc., involves the use of substantial numbers of heavy motor vehicles as well as numerous smaller vehicles, all of which will result in a heavy traffic load on the industrial access roads needed to serve these two businesses; and WHEREAS, §33.1-221, Code of Virginia (1950), as amended, provides legislative authority for the use of certain public funds by the State Highway and Transportation Commission for constructing or improving access roads to commercial and industrial sites on which manufac- turing, processing or other establishments are or will be constructed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized and directed to file applications with the State Highway and Transportation Department for up to $450,000 in Industrial Access Road Funds for the Advance Stores Company, Inc., Project, and up to $300,000 in Industrial Access Road Funds for the Orris Company, Inc., Project, pursuant to the provisions of §33ol-221, Code of Virginia (1950), as amended, to construct the aforesaid roadways to the new sites of these businesses within the Roanoke Centre for Industry and Technology. 2. 'l~is Council, in Making the aforementioned authorization, hereby assures and guarantees Commission that the City will, adequate rights-of-way and for which might be affected by said project, the cost way and for the adjustment of existing utilities the State Highway and Transportation if such project be approved, provide the adjustment of existing utilities of such rights-of- to be paid for by the City from its funds appropriated by the Council for the purpose; and that the City will, after construction of said new roadways, assume proper maintenance of the same. 3. 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. A'FTEST: City Clerk. Honorable Mayor and City Council Roanoke, Virginia Roanoke, Virginia July 28, 1986 Dear Members of Council: Subject: Authorization for the City Manager to file two (2) applications with the Virginia Department of Highways and Transportation for Industrial Access Road Funds. I. Back~round of this subject includes: Economic Development Commission was given the charge of finding potential sites in the City of Roanoke that might be available for economic development for the next 20-30 years. Roanoke Centre for Industry and Technolo~M, 153 acre park in the City of Roanoke, is a result of the Commission's hard and dedicated work to date. State Highway and Transportation Commission adopted a policy on November 20, 1980, to govern the use of industrial access funds pursuant to Section 33.1-221, as amended, of the Code of Virginia (1950). D. Funding ~uidelines for industrial access funds are: $300~000 in funding from State for an acceptable industry whose value of construction is $3,000~000. matching funds are required for this first $300,000. No $150,000 in additional funding can be made available for an additional $3,000,000 in value of construction, and provided a dollar for dollar match up to $150~000 is also provided. II. Current situation of this subject includes: Blue Hills Drive~ N.E. to Cooper Industry in the Roanoke Centre for Industry and Technology was partially funded with Industrial Access Road Funds. Advance Auto and Orvis have proposed development projects valued at $5,000,000 and $4~500,000 respectively for the Roanoke Centre for Industry and Technology, both of which can be accessed by an extension of Blue Hills Drive, N.E. Page 2 III. Issues in order of importance are: A. Timing B. Funding IV. Alternatives in order of recommendation are: Authorize the City Manager to file two (2) applications with the Virginia Department of Highways and Transportation for Industrial Access Road Funds ~p to $300~000 for roadway extension to Orvis and up to $450,000 for further roadway extension to Advance Auto. Timing is crucial as the City must have completed applications in the VDH&T's Richmond office by August 7, 1986, for the Highway Commission's review at their meeting on August 21, 1986. 2. Funding in the amount of: (a) $300,000 would be 100% State funds, with no local matching funds required, if the application is approved for the Orvis access road. (b) $300,000 would be 100% State funds and an addi- tional $300,000 would be 50% State funds and 50% local funds, if the application is approved, for the Advance Auto access road. These maximum amounts for State funding of Industrial Access Roads are being used pending the development of a more precise cost estimate, which will be used in the actual application. Local share of up to $150,000 can be appropriated at such time as City Council is requested to act upon the City/State agreements for these two (2) applications. B. Do not authorize the City Manager to file the applications for Industrial Access Road Funds. 1. Timing would not be an issue. Funding by VDH&T of up to $300~000 for Orvis roadway and ~p to $450,000 for Advance Auto roadway would not be a revenue source for this road project. Page 3 V. Recommendation: Alternative A is recommended, authorizing the City Manager to file two (2) applications with the Virginia Department of Highways and Transportation for Industrial Access Road Funds up to $300~000 for roadway extension to Orvis and up to $450,000 for further roadway extension to Advance Auto. WRH/RKB/mm cc: City Attorney Director of Finance Director of Public Works City Engineer Respectfully ~mitted, W. Robert Herbert City Manager Office c~ ~ City ~ July 30, 1986 File #5'14 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to a request from F & B Developers that the City officially open and improve a certain section of Norwooa Street, S. W., was Defore the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. On motion, duly seconded and unanimously adopted, the matter was delayed pending further information. Sincerely, Mary F. Parker, C~qC City Clerk MFP: CC: se F & B Developers, Inc., 4139 Brandon Avenue, S. ~J., Roanoke, Virginia 24018 Mr. Bob R. Caudle, 4110 Chesterton Street, S. H., Roanoke, Virginia 24018 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Earl B. Reynolds, Jr., Assistant City Manager 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 Church Avenue, S.W. Roanc~e, Virginia 24011 (703) 98'1-2541 Roanoke, Virginia July 28, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Council Members: Subject: Request from F & B Developers that the City officially open and improve a certain section of Norwood Street, S.W. I. Background: Right-of-way acquisition for storm drainage facility was made in late 1980 from Mrs. Edna Norton (see Attachment A). ~djacent right-of-way (see Attachment A) combined with Norton acquisition would create a 50 foot right-of-way necessary to build a standard City street for future public need. II. Current Situation: Installation of Norwood Street, S.W. as a public street has been requested by F & B Developers (see Attachment B) in order to enable them to purchase a portion of the Norton property and then create new lots of record to front on Norwood Street, S.W. (see Attachment C). ~equest is based upon a letter, dated October 21, 1980, sent by the City to Mr. Bob Caudle, son of Mrs. Edna Norton (see Attachment D). C. Letter was sent in response to Mr. Caudle's desire to know: Timing on street construction after storm drainage facility construction; and Financial obligations, if any, as an adjacent property owner. Mr. Caudle has interpreted above letter as a commitment by the City to construct Norwood Street, S.W. as a public right-of-way upon his request. III. Issues as they relate to the construction of Norwood Street, S.W., as a public right-of-way, are as follows: A. State law provisions. B. Land use regulations. C. Legal status of October 21, 1980, letter. D. Road construction feasibility. 1. Additional land acquisition. 2. Cost. 3. Public need. IV. Alternatives: me Council authorize the construction of Norwood Street, S.W., as per F & B Developers' request. State law provisions. Section 15.1-368, of the Code of Virginia, as amended, provides that only City Council has the authority to determine when, where and to what extent public streets shall be graded. Land use regulations. Approval of Alternative A would be inconsistent with the intent of City Code requirements, Chapter 31, Subdivisions, which require that street access for new lots or tracts being created by subdivision be provided and improved by the owner or subdivider of such lots or tracts. Legal status of October 21, 1980, letter would not be an issue. 4. Street construction feasibility. Additional land acquisition. Current research indicates that the property identified as Area A (see Attachment E) has probably not been dedicated as a public right-of-way and remains in private ownership. This property would have to be acquired by the City prior to street construction. b. Cost. (1) Right-of-way: City would be required to bear all legal and land acquisitions costs related to the acquisition of the property within Area A (see Attachment E), in order to establish a proper 50' wide public right-of-way. Estimated cost is unknown at this time. (2) Construction: City would be required to bear all costs related to the construction of approximately 400 lineal feet of public street, curb and gutters, and any storm drainage facilities that might be required. Estimated cost is approximately $30,000. Public need. Construction of this section of Norwood Street, S.W., would provide an improved traffic connector from Grandin Road Extension to Norwood Street, S.W. Be Council not authorize the construction of Norwood Street, S.W., as per F & B Developers' request. State law provisions. Section 15.1-479, of the Code of Virginia, as amended, provides that municipalities are not obligated to pay for grading and paving of streets, sidewalks, etc., in any situation involving private land subdivision or land development. Land use regulations. Approval of Alternative B would be consistent with the intent of City Code requirements in Chapter 31, Subdivisions, which require that street access for new lots or tracts of land being created by subdivision, be provided and improved by the owner or subdivider of' such lots or tracts. Legal status of October 21, 1980, letter. Neither the City's correspondence of October 21, 1980, to Mr. Bob Caudle, nor the deed acquiring Mrs. Norton's property contained any legally binding commitment which had or has been properly authorized by City Council, committing the City to improving Norwood Street. 4. Street construction feasibility. Additional land acquisition would not be an issue at this time. b. Cost would not be an issue. Public need. City Traffic Engineer states that construction of this section of Norwood Street, S.W., as a traffic connector is not, by existing traffic volume, warranted or needed at this time. In comparison with the City's many other street construction needs and priorities, this street section as a traffic connector would rank as a very low priority. V. Recommendation: It is recommended that City Council adopt Alternative B and not authorize the construction, at City expense, of Norwood Street, S.W., as per F & B Developers' request. This recommendation is based on the following conclusions: City practice in 1980 of opening or extending public streets specifically applied only to situations providing access tm existing lots of record. Intent of both State law and local ordinances is that street access for new lots being created by land subdivision be provided and improved by the owner or subdivider of such lands. Provision by the City of the construction costs of extending a public street solely for the purpose of facilitating the subdivision or sale of adjacent private properties would be a new precedent in the street construction policy of the City. The City has made no legally binding commitment properly authorized by City Council to open this section of Norwood Street, S.W. As a street construction priority, the public (traffic) need for this section of Norwood Street, S.W. as an improved traffic connector would be extremely low when compared with the City's many other much needed street construction projects that are more directly related to the iranediate needs of the general public. Respectfully submitted, W. Robert Herbert City Manager WRH:ERT:mpf attachments cc: Assistant City Manager City Attorney Director of Finance Director of Public Works City Engineer City Planner ATTACHMENT A (3 pages) THIS DEED, made this 10th day of March, 1981, by and between EDNA IRENE MILLICAN NORTON and ~ ~ /c >c ~_ ~-- A- ~ ~ , her husband, (Grantor), and the CITY OF ROANOKE, VIRGINIA, a municipal corporation, organized under the laws of Virginia, (Grantee), THAT, IN CONSIDERATION of the sum of FOUR THOUSAND TWO HUNDRED andno/100 DOLLARS ($4,200.00), cash paid by Grantee to Grantor, receipt of which is hereby acknowledged, Grantor does hereby GRANT to Grantee with General warranty and English covenants of title the following described real estate lying in the City of Roanoke, .Virginia: BEING 0.55 acre, lying on the north side of Noz~ood Street, Roanoke, Virginia. This land is more particularly described on "Plat Showing a Portion of a 6.40 Acre Tract Situated in S. W. Roanoke City to be Dedicated in Fee Simple for Street Right of Way Purposes to The City of Roanoke, Virginia From Edna Irene Millican Norton," dated July 17, 1980, Roanoke City Plan No. 5695-C, a copy of which is attached hereto and incorporated by reference herein. BEING a part of the same property conveyed to Grantor from Mary K. Jones and William H. Jones, her husband, by deed dated May 25, 1943, Roanoke County Deed Book 305, page 459. This conveyance is made subject to all recorded easements, reservations and restrictions affecting title to the above real estate. WITNESS the following signatures and seals: Edn~ Irene Millican No~ton ~ - (SEA~) STATE OF VIRGINIA The foregoing instrument was acknowledged before me this day of '~.~_~_ , 1981, by Edna Irene Millican Norton My Con~nission expires:__ .~l~ . /W., /4;F~ otary Fublic - 2 - 0 5060407 WILLI/,M Id,',5'TON id,',~.TII4 LOT I Se'CT I D B,G, TZ p 5/" M U ~---L A. MIX, O I,,4 LOT I ~E~.T ~. LOT I SECT U1 0 0o 0 0 tLLEN L.LUKe 22z" L. LUKE $08O5oe, State Registration No. 19650 F & B Developers, Inc. 4139 Brandon Avenue, S. W. Roanoke, Virginia 24018 Mr. Charles M. Huppine, P.E. City Engineer Rm. 350 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 June 6, 1986 ATTACHMENT B (2 pages) Dear Sir: We are requesting The City of Roanoke to improve a section of Norwood Street, S.W., presently unimproved. I am enclosing maps plus a letter from Mr. Hamilton. We would appreciate your expediting this matter as we would like to start construction soon. If you need further information, please contact me. Very truly yours, F & B DEVELOPERS, INC. Fred P. BullingCon, President FPB:jbf Enclosure CC: Mr. Heywood Fralin Mr. Bob R. Caudle VIRGINIA ASSOCIATION OF REALTORS. REAL ESTATE PURCHASE CONTRACT ATTACI-~ENT C (2 pages) T.nlsCONTRACTOFPURCHAS~nmdein~..Oa.~._ aso~ ~(a~ 15 , ]0 86 · mS F & B l}eve~rs a T~¢. (herein called 'PufdLuec'3, and Bobby a. andtB~J, ly D. Caudle. Atmorne¥ [or: Edna Irene ~f. lLtcau HortO~rmc~ad-sener~, ~ - (herein c~lled ~.-;LL- '-~---'. -"-- = ...~.~ ;= -~::.- :.':._-_-'-g'~aee~ee~ as anent for Seller, and Seller ~ m ~ the following described real e~a~e, and all iml~rvemcou she~n, located in the Ge~my or City of Roanol~e ' .. Vi~linin iall herein called "the properly"): Part: of Farcel :La Deed Book 30§, Page 459, be~.nR approX4mnt:el¥ ~+00 It:. t:ront:aze on Norwood St:., 5.14'. by apptox4,,~at:ely 166 £eet: deep. . and mom commonly known as (street add~). 1. Tn~ purchase price si the properly is Seventy Thousand Dollars Dolintl ($ 70 .OOO.flfl ',, and such purchase pace shall he paid as follows: ~;1,500 deoostl: on coat:racet:, t:he balance, of $68.500 sba1! be in e~,,h uoon d. eltvetw sE Deed. This coat:racK is subtect to the ¢it:? of Roanoke inntslline Norwood S~reet as per their leK~er of OaK. 21. 1980 2. If either F.H,A. or V.A. financing is involved in this transaction, one of the paragraphs on the reverse hereof shall he a past of thi~ Coo- tract of t'ur~hue i~ ~ ~a~ bm ~ e~ ~ ~ ~--- ~ ~. 3. Pur~he~r hes made a ~it of F~een H~dred end no/~O0 ........... Dolla~ (S ~ ~500.00 ) E--~ ~~~ ....... ~ "2'''~ ..... ~; '~' '~~~. 4, ~[icf a8rees to convey the pro~rty to Purcha~r by ~efle~3l Warranty Deed with the usual Engilsh covenants of title and free ~d cle~ trom all encumbrances tco~cies, liens (for rexes oF mherwise), caccpt as ~2y ~ othe~i~ provided above, hot subject to applicable restrictive covenants of reco~. SeUer further as~es to deliver ~ses~iofl of I~e property to Purcha~f o~ thc date of ~ttlement and to pay ~e eA~ of 5. ~ttlement shall he made at the o~cec of Realtor or at a~ attorney's ~[[~ce on or before J~l~ 15 . 19 86 . or as ~fl the~after as title can be examined and necessary d~umcnts prepared, with allow- ance st a reasonable time for ~lier to correct any detects rc~rtcd by the title e~miner. 6. All taxc~ i~~~f~~' ~:~f~:.~. shall be prorated as of thc date st settlement. 7. All risk st Isa or ~mage to the pro,fly by ~re. windslorm, casualty, or other cause is a~sumed b~ Seller umd ~e ~e st ~tUemenL 8. Purcha~r and ~l[ef agree that Realtor was ~he ~ole pr~urin& cause of th~s Cont~c~ of Purch~. and Seller agrees to pay Realtor for ~e~i~ ren~ a c~ f~ of - 0 ~ per cent o: the purcha~ price. 1[ eider Pu~ha~r or ~Uer de[aults under this Contract of ~le. such defaulting party sh~l ~ liable for the cash fee st Realtor and any exposes mcur~d by ~he non.defaulting party, inc~udin[ attorneys' fee~ in conn~tinn ~ith this transaction and the enforcemem of such Contract. ?. Purchaser rep.'-.senL, that :~fl [n..pechon satisfactory to Purchaser has been made of thc property. :md Purchaser agrees to accept the property in ira present condition except as may be otherwi=c provided in thc description of tht: property above. 10. This Contract of Putcha~ constitutes the entire agreement among the panias and may not be mcdif..ed or changed except by written instrument executed by "~! o! the parties, including Reahot. I1. This Contract of Purchase shall be construed, interpreted, and applied eccording to the law of the State o{ Virginia a~d shall he binding upon and shall inure to the benefit of the bears, personal rcpresentativas, s._.c.:~asors, and assigns of Ihe patties. (SEAL) Realtor Deposit Rec'd S. Check Sales Afent: Cash The foregoing form may only he used by members in good standing of thc Virginia Association of Realtors. Expressly prohibited are the duplication or reproduction of such form, or the u~ of the name *'Virginia A~ociation of Realtors" ~o connection with any written form. without the written consent of the Virginia Association of Realtors. F~tMr Of tbt follawinl parllraphs s~li be & pail of this ~omract of Purchase on the reverse hereof if cnecm~ by bom Purcham~ and 2(n) h is eApresdy ap~l thai. no~withuandini any other provisions of this Contract of Purchase, Purchaser shill floe be obli~a~d to, complete the purc~M o~ tim properly or to incur any pen&lq, by forfeiture of e~rne~ money deix~its or otherw~, unless Sefl~r h~ dellv~'ed to Purchaser · written mment ismed by the Fe~ler~l Homini Commissioner mtinl feflh tbs value ol tbs pt~x~rty (excludinf no~ Im than S ............... Purdmer shaft, however, havn tim lX*ivilege of proceodinl ~dt ~ Cnntra~ of Purcbam wifllo~ refnrd to amount of the valuation. (SEAL} (SEAL) Purch~er (SEAL) Seller (SE.AL) Seller ~.lht It i, expressly agreed that. notv. ith,~anding any other provi~ionb of this Contract of Purcha~. Purcha~r shall not be obligated to ;cmplet-' the purchase of the pro~:rty union. Pur~ha~:r i* able to obtain a ~:ertifcate isaued by the Veterans Administration ~ttinO Iorth not le,~ than $ as the rea:,onable value o~ the propec~y. If Purcha~r is unable to obtain such certificate of reasonable ~alu¢. the ca~.h depo~lii, le~a any expense incurred for appraisal, photograph of the property, and credit report, shall be returned to the Pur- ~:ha~er. Purcha~t shall, however, have the privilege and option of proceeding with tho consummation of this Contract of Purchase without re.~urd either to the amount as ~et forth on ~uch certi§cate of reasonable value or to the obtaining of any loan guaranteed by the Veteram. Admini~.t ration. (SE. AL) (SEAL) Seller Seller (SEAL) (SEAL) NAME PRESENT ADDRESS -- AGE PRESENT HOME PHONE EMPLOYED POSITION BIRTHDATE WIFE'S NAME WIFE EMPLOYED- W~FE POS!TION BUSINESS PHONE SALARY HOW LONG DEPENDENTS PER AGE CREDIT REFERE.~CES: BANK SALARY HOW LONG ~ER FURNITUR~ STORES October 21, 1980 ATTACHMENT I (1 page) b~'. Bob R. Caudle c/o Dunhill of Greater Roanoke, 3140 Chaparal Drive, S. W. Roanoke, Virginia 24014 Dear Mr. Caudle: Re: Norwood Storm Sewer Project This is in response to your request for information cOncerning your future financial obligations relative to the construction of the segment of Norwood Street we propose to purchase through your mother's property. As I told you on October 16, we do not anticipate actually building the street at this time, but will wait until there is a need for it. The City's policy, according to Mr. T. F. Brady, Director of Public Works, is to initiate construction when the first building perm/t is issued for a dwelling to be served by the street. Initially, construct/on will consist of the shortest length of street necessary to reach the driveway entrance to the first house. The /mprovemen:s will consist of grading to the standard residential street width and surface treatment (tar and gravel). This is equivalent to the streets that already exist in the neighborhood. No curb, gutter or Sidewalk would be installed. As additional residences are built, the Street will be further extended to serve them until the total street segment is completed. The street will be built by City Forces at City expense. No private funding will be in- volved. As to your quest/on concerning the other people in the area that are affected by con- struction of :he Norwood Sewer System, I am informed that such information is a mat- ter of public record. You may con,act the City Clerk a: 981-2541 and obtain any de- tails about the project. We appreciate your cooperation in this matter. Sincerely, Richard V. Hamilton lti~ht-of-Way Agent RVH/be cc: Mr. R. B. Kaufman, Assistant City Attorney Mr. G. R. Nevergold, Engineer 60'9# ATTACI~ENT page) ~ o '~ I ° GEP~AIVT HOMEST, PARK i OR BRIDLE LN ORrFTWOOO [:LO NOHWO0 FLRI]ALI OUTHL~',% [)RCHARO HiLL PINELAN WINDSGR ~ Office of the Cl~y July 30~ 1986 File #1'78 Mr. James T. Dise Development Officer Virginia Housing Development Authority !3 South 13th Street Richmond, Virginia 23219-4188 Dear Mr. Dise: I am enclosing copy of Resolution No. 28260, approving the rehabilitation of a total of 244 apartment units in the City, and authorizing the execution of Certificates of Approval for the same, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. Si ncerel y, Mary F. Parker, C~IC City C1 erK ~IFP:se Enc o cc: Mr. Lester A. Wagner, Vice President, Sovran Mortgage Corporation, P. O. Box 26388, Richmond, Virginia 23260 Mr W. Robert Herbert, City Manager Mr Wilburn C. Dibling, Jr., City Attorney Mr Joel M. Schlanger, Director of Finance Mr William F. Clark, Director of Public Works Mr Ronald H. Miller, Building Commissioner Mr H. Daniel Pollock, Housing Development Coordinator Room 456 Municipal Building 215 C]~urch Avenue, S.W. Roonoke, Virginia 24011 (703) 981-2541 IN THE COL~ICIL OF THE CITY OF ROANOKE, The 28th day of July, 1986. No. 28260. VIRGINIA, A RESOLUTION approving the rehabilitation of apartment units in the City, and authorizing the Certificates of Approval for the same. a total of 244 execution of BE 1. (1950), IT RESOLVED by the Council of the City of Roanoke that: In accordanee with §36-55.39(B), Code of Virginia as amended, Couneil hereby certifies to the Virginia Housing Development Authority its approval of the proposed multi- family residential housing developments called Caru East Apartments, consisting of the rehabilitation of approximately 128 units located at 3438 Bennett Drive in the City, and the development ealled Caru Apartments, consisting of the rehabiliation of approximately 116 units located at 3530 Dona Road in the City. 2. %~e Mayor is hereby authorized to execute the requisite Certificates of Approval certifying ment Authority the action of Council to the Virginia Housing Develop- taken hereby. ATTEST: City Clerk. Roanoke, Virginia July 28, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Proposed VRDA Financing for Renovation of Apartments I. Background: Owners of Caru and Caru East Apartments in northwest Roanoke have requested Virginia Housing Development Authority (VHDA) to provide construction financing for renovation of 244 units. B. Ail 244 units involved are and will continue to be rent-subsidized housing for low-moderate income tenants. Improvements planned include new air conditioning, kitchen appliances, separate electric service to each unit, etc. all totalling approximately $1~300~000. II. Current Situation: A. VHDA has invited, as required by law, the city's approval or disapproval of the request. (See attached letters.) B. City is allowed 60 days (expiring September 1, 1986) to comment by formal resolution of Council. C. Arrangements for financing from VHDA cannot be finalized until comments are received, or the 60 day period is elapsed. III. Issues: A. Effect on City's housing stock B. Cost to the City C. Timing IV. Alternatives: A. Approve the request for rehabilitation construction financing to be provided by VHDA for the Caru and Caru East Apartments. 1. Effect on City's housing stock would be positive, in that 244 rental units for low-moderate income citizens would be improved. Cost to the City would be nothing. Ail funds are provided to the property owner by VHDA and private lenders. Revenues to the City may be increased if the proposed improvements result in increased tax assessments on the subject property. Timing is such that favorable action by City Council will allow the financial arrangements for the renovation to be made sooner than if no comments are made to VHDA. Disapprove the request for VHDA financing on Caru and Caru East Apartments. Effect on City's housin~ stock may be detrimental, in that property owners may not upgrade the apartment units if acceptable alternative financing cannot be arranged. This may eventually result in the property's deterioration to a serious degree. 2. Cost to the City would be nothing initially, but tax revenues from the property may decrease if improvements are not made. Be Timing is such that VHDA and the owner should be notified of the City's disapproval of the financing, to minimize unnecessary actions on their part and to speed the owner's consideration of alternatives. Do not offer any comments to VHDA concerning the proposed VHDA financing. Effects on City's housin~ stock would be positive if the owner and VHDA proceed with the financing arrangements, and would be negative if the 60-day delay hinders the permanent financing arrangements necessary for the requested VHDA financing. 2. Cost to the City would be nothing initially, with the effect on tax revenues dependent on whether the improvements are made. Timin~ is such that arrangements for the requested financing from VHDA could not proceed before September 1, the end of the 60-day com~nent period. This delay conceivably could jeopardize the commitment for the permanent financing. V. Recommendation: Adopt Alternative A, thereby approving the request for rehabilitation construction financing to be provided by VHDA for the Caru and Caru East Apartments. WRH:HDP:cmh CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Respectfully submitted, W. Robert Herbert City Manager VIRGINIA HOUSING DEVELOPMENT AUTHORITY JOHN RITCHIE JR Executive O~rectof July 2, 1986 13 SOUTH 131H STREET tELEPHONE 804/782 1986 The Honorable Noel C. Taylor Mayor City of Roanoke Municipal Building, SW, Room 452 Roanoke, VA 24011 RE: Cara Apartments City of Roanoke Dear Mayor Taylor: Pursuant to Section 36-55.39(B) of the Code of Virginia, a copy of which is enclosed, you are hereby notified that the~irginia Housing Development Authority is considering the financing of the multi-family residential housing development described in the enclosed Attachment "A", which is to be situated in your locality. Should you desire additional information regarding the development proposal, please contact Mr. Lester A. Wagner, Vice President, Sovran Mortgage ~ Corporation, P. O. Box 26388, Richmond, VA 23260. If you 'desire to disapprove the development proposal, you may do so by certifying to the Authority in writing within sixty days of the date hereof. A certified copy of any resolution disapproving the development proposal should accompany the above certification. We would ask that any such certification be in the form attached hereto though the statement of any reasons for your action is optional. You will note that Section 36-55.39(B) also provides that the governing body of a locality may, by resolution, approve the proposed housing development. If you desire to approve the development, we would ask that such approval be in the form attached hereto. A certified copy of the resolution approving the development must accompany the approval form. Very truly you~-~ /~ames T. Dise ~z/Development Officer cc: Mr. Lester A. Wagner Mr. W. Robert Herbert, City Manager The proposed development will consist of the rehabilitation of approximately 116 units to be financed under the HUD Insured Multi-Family Rehabilitation Constructino Loan Program located at 3530 Dona Road in th~ City of Roanoke, Virginia. § 36-55.39. Procedure prior to financing of housing developments u. ndertaken hy housing sponsors. -- A. Notwithstanding any other provi- sion of this chapter, }iDA is not empowered to finance any housing development undertaken by a housing sponsor pursuant to §§ 36-55.31, 36-55.33:1 and 36-55.34:1 of'this chapter unless, prior to the financing of any housing development hereunder, ttDA finds: (I) That there exists a shortage ef decent, safe and sanitary housing at rentals or prices which persons and families of low income or moderate income can afford w/thin the general housing market area to be served by the proposed housing development. (2) That private enterprise and investment have been unable, without assis. tance, to provide the needed decent, safe and sanitary housing at rentals or prices which persons or families of Iow and moderate income can afford brxto provide sufficient mortgage financing for residential housing for occupancy by such persons or families. (3) That the housing sponsor or sponsors undertak' ,deve!opment in this Commonwea h will .... ?,ng, the proposed housin nousln~ for -ers ..... e~_.. Itv ..... oupp~y wei -planned, weli-desi eg o ~' ...... mm,les m iow and moderate income and that sgunc~ sponsors are financially respons ble. (4) That the housing development, to be assisted pursuant to the provisions of this chapter will be of public use and ~vill provide a (5) That the housi ~ ~..~ ....... . , public benefit. ns *,=*¢,vpmenb wm oe unaertaken w~thm the authority conferred by this chapter upon HDA and the hous ng pon. or or sponsors. . B. HDA shall also find, in connection with the finaSn~cin~ of the new con- struction or substantial rehabilitation of any proposed multi-faro y residential hous!ng deveiopment,.that the governin bad · ' · housing development is to be located ha~gnot, notification of the proposed financing has been sent the governing body by tlDA, certified to ItDA n writing its disapproval of the proposed muir -faro ly residential housing development. The foregoing notwithstanding, no such finding need be made if ttDA shall have leceived from the governing body its certified resolution approvin~ the proposed hous ng development. (1972, c 830; 1975, c. 536; 1978, c. 297; 1982, c 175.) The 1978 amendment designated /he The 1982 amendment added the second sen- former provisions o£this section as subsection A tence of subsection B. and added subsection B. C~,,TI. ICA~0.[ 0F DISAPPROVAL In accordance with Virginia Code Section 36-55.39(B), the Uity Council of Virginia hereby certifies to t~e Virginia Housi%g Development Authority its-disapproval of th~ proposed multi-family residential housing development called as expressed in its resolution dull; adopted on a certified copy of which is attached hereto. Optional: Such development is disapproved for reasons the following By: City Coun__z of Virginia CERTIFICATION OF APPROVAL In accordance with Virginia Code Section the City Council of 36-55.39 (B) , , Virginia, hereby certifies to the Virginia Housing Development Authority its approval of the proposed multi-family residential housing development called as expressed in its resolution duly adopted on 19 , a certified copy of which is. attached hereto. City Council of , Virginia By: Its Mayor VIRGINIA HOUSING DEVELOPMENT AUTHORITY 13 SOUTH 13TH STREET RICHMOND JOHN RITCHIE, JR Executive Director TELEPHONE 804/782-1980 July 2, 1986 The Honorable Noel C. Taylor Mayor City of Roanoke Municipal Building, SW, Room Roanoke, VA 24011 RE: Cara East Apartments City of Roanoke 452 Dear Mayor Taylor: Pursuant to Section 36-55.39(B) of the Code of Virginia, a copy of which is enclosed, you are hereby notified that the Virginia Housing Development Authority is considering the financing of the multi-family residential housing development described in the enclosed Attachment "A", which is to be situated in your locality. Should you desire additional information regarding the development proposal, please contact Mr. Lester A. Wagner, Vice President, Sovran Mortgage Corporation, P. O. Box 26388, Richmond, VA 23260. If you desire to disapprove the development proposal, you may do so by certifying to the Authority in writing within sixty days of the date hereof. A certified copy of any resolution disapproving the development proposal should accompany the above certification. We would ask that any such certification be in the form attached hereto though the statement of any reasons for your action is optional. You will note that Section 36-55.39(B) also provides that the governing body of a locality may, by resolution, approve the proposed housing development. If you desire to approve the development, we would ask that such approval be in the form attached hereto. A certified copy of the resolution approving the development must accompany the approval form. Ve~ truly you~. // ~mes T. Dise (,~evolopment Officer cc: Mr. Lester A. Wagner Mr. W. Robert Herbert, City Manager The proposed development will consist of the rehabilitation of approximately 128 units to be financed under the HUD Insured Multi-Family Rehabilitation Construction Loan Program located at 3438 Bennett Drive in the City of Roanoke, Virginia. Office of the City Cle~ July 30~ 1986 File #1'02 Mr. W. Pobert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28261, authorizing the exe- cution of a contract with Hayes, Seay, Mattern and Mattern, to provide bridge inspection services, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. Si ncer ely, Mary F. Parker, CNC City Clerk MFP:se Eric o cc: Hayes, Seay, Mattern and Mattern, 1315 Franklin Road, S. W., Roanoke, Virginia 24016 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. Robert K. Bengtson, Traffic Engineer Mrs. Delores Irving, Construction Cost Technician Room 456 Municipal Building 215 C~urch Avenue, S.W. Roanoke, Virginia 240t I (703) 981-2541 IN THE COUNCIL OF I~E CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 28261. AN ORDINANCE authorizing the execution of a contract with Hayes, Seay, Mattern & 5~ttern, to provide bridge inspection ser- vices; and providing for an emergency. BE IT ORDAINED by the Council of the City of F~anoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Hayes, Seay, Ma ttern & Ma ttern, for the provision by such firm of bridge inspection services, as more particularly set forth in the July 28, 1986, report of the City Manager to 2. The contract authorized by this amount not to exceed $17,400.00 without this Council. 3. The form of the contract with such by the City Attorney. 4. In order to provide municipal government, ordinance shall be in this Council. ordinance shall in an further authorization of firm shall be approved for the usual daily operation of the an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia July 28, 1986 Honorable Mayor and Members of City ~nc~l ~- Roanoke, Virginia Dear Members of Council: Subject: Bridge Inspection Program 1986-1987 II. I. Background A. National Bridge Inspection Standards previously required at least bi-annual inspections on all bridges associated with: 1. State primary route extensions 2. Any other Federal-Aid highway systems City of Roanoke has always participated willingly in this bridge inspection program. Requirements include inspecting 33 bridges annually; and 27 additional structures each year on a rotating, bi-annual basis. (See Attachment I) 1978 Surface Transportation Act enacted by Congress requires that all bridges, including "off Federal Aid System" struc- tures, must be included in the bi-annual inspection program. D. City of Roanoke has sixty (60) bridges requiring Supplementary Bridge Inspection Reports this year. Current situation is that Engineering Services Qualification Proposals for the necessary technical inspections and reports were publicly advertised on May 18, 1986, and received on June 3, 1986, from: * Byrd, Tallamy, MacDonald and Lewis * Hayes, Seay, Mattern and Mattern A. Selection of the firm for. consideration was based on the following criteria: 1. Qualification of personnel 2. Time available to meet schedule 3. Experience in performing bridge inspections 4. Ability to produce project on time 5. Local accessibility for project coordination and cooperation Page 2 Ce 6. Response to request for proposal 7. Past record with City of Roanoke Interviews were held with both firms as they were both deemed qualified. Staff team included Charles M. Huffine, City Engineer; Robert K. Bengtson, Traffic Engineer; Richard B. Burrow, Chief Project Engineer; L. Bane Coburn, Engineer; and Earl Sturgill, Engineer. Negotiations were conducted with that engineering firm felt to be most qualified, (Hayes, Seay, Mattern and Mattern) for the necessary technical inspections and reports. D. Scope of work to be performed includes: Field investigations of each of the sixty (60) bridge structures to include roadway approaches, water- way, piers and abutments, bearings, stringers, beams, girders, decks, expansion joints, curbs, sidewalks, bridge railing, culverts, and signing. 2e Preparation of all sketches and/or photographs to ade- quately describe deficiencies and problem areas noted in inspection reports. Performance of all measurements and calculations necessary to conduct and determine load ratings and safe load limits. Final inspection documents completed in accordance with the Federal, State, and City criteria regarding the bridge inspection program. Cost reimbursement fee for engineering services is based upon actual manhours used to physically review each component of the sixty (60) individual bridges. Hayes, Seay, Mattern and Mattern, in following this billing procedure, offers a reasonable manhour pay rate and an acceptable cost ceiling. (See Attachment II). Last year's actual average cost per bridge inspection was $271.60. This year's estimated average cost per bridge inspection is $290.00 (an increase of $18.40 per bridge, or an 6.8% increase). Page 3 III. Issues in evaluating the proposal and awarding a contract to a firm known to be qualified are: A. Inclusion of proper work scope. B. Ability to meet time schedules. C. Reasonableness of fee. D. Availability of fundin$. IV. Alternatives for providing the necessary work are: Award an en$ineerln$ services reimbursement with a cost ceilin$ contract to Hayes, Seay, Mattern and Mattern in an amount not to exceed $17,400.00. 1. Inclusion of proper work scope has been reviewed and verified. 2. Ability to meet time schedule has been demonstrated and firm is ready to begin immediately. Reasonableness of fee has been established through "cost ceiling". Hayes, Seay, Mattern and Mattern has set a cost ceiling in their proposal of $17~400.00. Availability of fundin$ exists in the Engineering Department's "Fees for Professional Services" Account No. 001-052-4310-2010. Do not award an ea$ineerln$ services reimbursement with a cost ceilin$ contract to Hayes, Seay, Mattern and Mattern in an amount not to exceed $17,400.00. 1. Inclusion of proper work scope would have to be deferred to the City or other consultants. 2. Ability to meet time schedule would be jeopardized. 3. Reasonableness of fee cannot be assured. Availability of fundin$ remains in the Engineering Department's "Fees for Professional Services" Account No. 001-052-4310-2010. Page 4 V. Recommendation is that the City: Award an engineering services reimbursement with a cost ceiling contract in a form approved by the City Attorney to Hayes, Seay, Mattern and Mattern in an amount not to exceed $17,400.00. Be Fundin~ is available for the contract from the Engineering Department's "Fees for Professional Services" Account No. 001-052-4310-2010. HBE/RKB/mm Attachments cc: Director of Finance City Attorney Director of Public Works City Engineer Respectfully submitted, W. Robert Herbert City Manager ATTACHMENT I BRIDGES TO BE INSPECTED FY' 1986-1987 These thirty-three (33) bridges are inspected annually: 1. US Route 220 (Franklin Road) over N & W Railway 2. Va. Route 116 (Riverland Road) over Garnard Branch 3. Va. Route 116 (Walnut Avenue) over N&W Railway 4. Va. Route 116 (Walnut Avenue) over Roanoke River 5. US Route 11 (Memorial Avenue) over Roanoke River 6. US Route 221 (Brambleton Avenue) over Murray Run at Fishburn Park 7. US Route 221 (Brambleton Avenue) over Murray Run at Lakewood Park 8. US Route 460 (Orange Avenue) over Tinker Creek 9. Va. Route 24 (Dale Avenue) over Tinker Creek 10. FAS Route 1356 (Bandy Road, S.E.) over Garnard Branch 11. Crestmoor Road over Barnhart Branch 12. Berkley Road over Glade Creek Branch 13. Cove Road over Peters Creek West Branch (near Green Ridge Road in Roanoke County) 14. Peach Tree Road over Peters Creek 15. Northwood Drive over Peters Creek 16. Ninth Street, S.E. over Roanoke River 17. Ninth Street over Lick Run 18. Jefferson Street over N & W Railway 19. Mason Mill Road over Tinker Creek 20. Read Road over N & W Railway 21. Wise Avenue, S.E., over Tinker-low water and wall bridge 22. Broadway, S.W., over Ore Branch 23. Loop Bridge over Old Mill Mountain Access Road 24. Persinger Road, S.W., over Murray Run (near Ross Lane) 25. Westside Boulevard, N.W., over Peters Creek 26. US Route 221, (Main Street) over N & W Railway and Roanoke River 27. 1st Street over N & W 28. Gilmer Avenue over Trout Run 29. Route 605 over Tinker Creek 30. Jefferson Street - Pedestrian & Light Vehicular over Roanoke River 31. Rose Avenue, S.E., over Garnard Branch 32. 5th Street over N & W 33. Craig Robertson Road, S.E., over Garnard Branch Brid~e No. 1817 1828 1815 1816 1826 1820 1821 1810 1903 8009 8025 8014 8024 8027 8028 8064 8061 8003 8063 8062 8054 8038 8048 8055 8044 1822 8002 8006 8012 8033 8050 8069 8052 ATTACHMENT I (Continued) BRIDGES TO BE INSPECTED FY' 1986-1987 These twenty-seven (27) bridges are inspected bi-annually (even number years) Brid~e No. 1. Route 220 (Franklin Road) over Roanoke River 1818 2. Virginia Route 24 (Elm Ave.) over N&W Railway 1800 3. Brandon Avenue over Ore Branch 8007 4. US Route 460 (Orange Avenue) over Lick Run 1832 5. Route 11 (Brandon Ave.) over Barnhart Branch 1839 6. Green Ridge Road over Branch (culvert - near Lonna Drive) 8013 7. Route 11 over Mud Lick Run 1838 8. Route 118 over Branch (triple 5' x 5' culvert) 1844 9. Route 682 (Garst Mill Road) over Mud Lick Creek 8017 10. Route 722 over Branch (near Pinkard Court) 8021 11. Route 653 over Glade Creek (east of Vinton) 8015 12. Route 682 (Grandin Road) over Mud Lick Creek 8018 13. 5th Street, N.W., over Trout Run 8041 14. 6th Street over Trout Run 8058 15. 7th Street over Trout Run 8047 16. Bennington St., S.E. between Riverdale & Edgerton, over un-named Branch 8039 17. Bennington St., S.E., south of Riverdale Terrace, over un-named Branch 8040 18. Thompson Avenue, S.E., over Garnand Branch 8056 19. Findlay Avenue, S.E., over Garnand Branch 8051 20. Garden City Blvd., S.E., over Gum Spring Branch 8037 21. Sioux Ridge Road 2049 22. Stadium Walk Bridge over Roanoke River .... 23. 13th Street, S.E., over Roanoke River 8008 24. Wonju Street over N&W Railway 8030 25. Jefferson St., over Roanoke River and N&W Railway 8032 26. 13th Street, S.E., over N&W Railway 8034 27. Wonju Street over Ore Branch (Triple Box Culvert) 8070 ATTACHMENT II A&E PROPOSAL NO. 9418 CITY OF ROANOKE BRIDGE INSPECTION PROGRAM FISCAL YEAR 1985-1986 PROPOSED FEE COMPUTATION The following fee estimate is based on performing the work outlined under the Project Approach for the 60 bridges described in HSMM's 12 June 1986 letter and Attachment I of your "Request for Engineering Services Qualifications Proposals to Conduct Fiscal Year 1985-86 Bridge Inspection Program." A. Salary Costs: Personnel Category Inspection Team Head (Project Manager) Bridge Engineer Bridge Inspectors Report Typing and Reproduction Estimated Hourly Manhours Rate 60 $19.70 40 16.50 350 11.25 40 7.60 Estimated Labor (490 hours) Labor Overhead - 36.4% Administrative Overhead - 98.1% Subtotal Nonsalary Costs $ 1,182 660 3,938 304 $ 6,084 2,215 5,968 $14,267 Travel on job 400 miles @ $0.20/mi. $ 80 Railway Insurance 100 Photographs 460 Reproduction 250 Subtotal Total Estimated Salary and Nonsalary Costs C. Profit Total Proposed Fee Limit Special equipment allowance (boom lift) to inspect underside of selected bridges 88O $15,147 2,272 $17,419 $17,400 $ 500 HSMM 6/13/86 Office of ?ne Oh/Oe~k July 30, 1986 File #4'68B-514 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to accepting Lake Drive, S. W., for public maintenance, providing water service, street lights ano street maintenance, contingent upon certain conditions, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. I am attaching copy of a communication from Mr. Jonathan Rogers in opposition to donating a right-of-way to The City based three points of consideration. On motion, duly seconded and unanimously adopted, Council referred the communication to you and requested that you continue to work with the property owners. Sincerely, Mary F. Parker, CMC City C1 erz MFP:se Enc. Room 456 Municipal Building 2t5 Church Avenue, S.W. Roanoke, Virginia 240t I (703) 981-2541 Mr. W. Robert Page 2 July 30, 1986 Herbert cc: Mr. and Mrs. Joe B Roanoke, Virginia Mr. and Mrs. Elmer Roanoke Virginia Mr. and Mrs. Scott Roanoke Virginia Mr. and Mrs. Conrad Roanoke Virginia Mr. and Mrs. Denis Roanoke Virginia Mr. and Mrs. Chris Roanoke Virginia · Smith, 3714 Lake Drive, S. W., 24018 S. King, 3703 Lake pr~ive, S. W., 24018 S. McCoy, 3724 Lake Drive, S. W., 24018 Stone, 4019 Lake Drive, S. W., 24018 A. Lape, 3627 Lake Drive, S. W., 24018 O. Baker, 3633 Lake Drive, S. W., 24018 Mr. and Roanoke, Mr. and Roanoke. Mr. and Roanoke Mr. and Roanoke Mr. and es Simmons, 4016 Lake Drive, S. W., 24018 Cronise, 4001 Lake Drive, S. W., 3704 Lake Drive, S. W., 3711 Lake Drive, S. W., 2308 Karen Hill Drive, Mrs. Charl Virginia Mrs. R. A. Virginia 24018 Mrs. John A. Cloeter, Virginia 24018 Mrs. Harry C. Turner, Virg nia 24018 Mrs. Jess W. Chapman, Salem, Virginia 24153 Mr. and Mrs. David G. Rosenbaum, 3249 Hastings Road, S. Roanoke, Virginia 24018 Mr. and Mrs. Walter Johnson, 4023 Lake Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. G. Nelson Havens, 3637 Lake Drive, S. Roanoke, Virginia 24018 Mr. and Mrs. Jonathan M. Rogers, 3734 Lake Drive, Roanoke, Virginia 24018 Mr. Ernest M. Proffitt, 3613 Lake Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. David L. Huffman, 3647 Lake Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Edward Brinkley, 3619 Lake Drive, S. W., Roanoke, Virg nia 24018 A. M. Renick Estate, c/o John Renick Company, Executor, Route 2, Box 22, Salem, Virginia 24153 Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance ARTHUR P. STRICKLAND JONATHAN M. ROGERS* DIANE MCQ STRICKLAND LAW OFFICES STRICKLAND & ROGERS 131 KIRK AVENUE WEST P. o. sox :g~!! ROANOKE, VIRGINIA 24001-2886 AREA CODE ?Oj July 28, 1986 *Member of the Virgin Islands Bar The Honorable Mayor and City Council Roanoke, Virginia Subject: Lake Drive, S.W. Dear Members of Council: My name is Jonathan M. Rogers. My wife, Jeri Rogers, and I own the residence located at 3734 Lake Drive, S.W., Roanoke, Virginia. We have received a copy of the report from the City Manager, W. Robert Herbert, dated July 28, 1986, concerning Lake Drive, S.W. This letter is to inform you of our position regarding Lake Drive, S.W., and the other items discussed within Mr. Herbert's report to you. As the report indicates, we are opposed to donating a right of way to the City of Roanoke for the purpose of a street which would then be maintained by the City. Our opposition is based upon three consider- ations. First and foremost, is our opposition to the removal of the speed bumps which are located on Lake Drive. These speed bumps were in existence before my family moved to our present residence and were placed there as a reaction to the numerous accidents and other problems deriving from the operation of automobiles along Lake Drive and South Lake Drive. They work, they slow cars down, and the problem which had existed concerning traffic accidents has all but disappeared. My wife and I have three young children and in the interest of protecting them, we are adamant about the retention of speed bumps on Lake Drive. In fact, more would probably be preferable to fewer. I am aware that certain residents and Bill Clark have stated that speed bumps are not safe and cause accidents. I find this position to be untenable, noting that the Patrick Henry High School - Raleigh Court Elementary School complex has speed bumps throughout the roadways in that school property, and I would find it impossible to believe that the City of Roanoke would place speed bumps in that area knowing them to be dangerous. The Honorable Mayor Page 2 July 28, 1986 and City Council Secondly, one of the great assets and reasons for us purchasing our residence is the countrified nature of this unique area in Roanoke City, which the narrow (19 foot) road, Lake Drive, contributes to. I would hate to see the road widened to any extent as this would contribute to changing the character of it. Furthermore, the 50 foot right of way easement requested by the City would take fences, shrubs and valuable real estate from me, which I would strongly oppose. Although I would welcome the City bringing water to Lake Drive, this can be done separate and apart from any right of way easement for road work. I would not oppose giving an easement for utilities in- cluding water and street lights. In fact, the main reason I signed the petition attached to the aforementioned report was to aid a neighbor who is building a home and obtaining water service, which turned out to be too difficult and he subsequently drilled a well. I likewise do not have any problem with contributing to a road fund to maintain Lake Drive's maintenance and do contribute to the maintenance of South Lake Drive. In conclusion, I wish it to be understood that we are adamantly opposed to any donation of our ownership rights in Lake Drive to the City of Roanoke if such donation would include a 50 foot easement and the removal of the speed bumps. I wish our position clearly understood so that this council does not embark on a costly decision under any misinterpretations of our position. Thank you for considering this. JMR/jb Yours very truly, Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Lake Drive, S.W. Roanoke, Virginia July 28, 1986 I. Back~round on this subject includes: Ae Lake Drive, S.W. was developed as a private street when the Windsor Hills area was in the County of Roanoke, and it is still private. Most of the homes on this street were built in the 1950's, with at least one home built in 1929. B. Annexation of the area to the City occurred on January 1, 1976. Some residents along the street would llke to have all City services (which particularly includes street maintenance, water service, and street lights)but have been unable to agree among themselves to donate a 50-foot right-of-way until recently according to Mrs. Louise Smith of 3714 Lake Drive. II. Current Situation on this subject is: Meetin~ with neighborhood residents was held on February 25, 1986. All but three (3) families were in favor of Lake Drive being made a public street. Petition for services received by Councilman James G. Harvey, II, and forwarded to William F. Clark, Director of Public Works. 90% of property owners with frontage on Lake Drive (from Deyerle Road for a distance of approximately 1,000 feet to the west) are represented on the attached petition. Petition requests street maintenance, water service, and street lights, but does not promise donation of necessary right of way. C. Improvements that could be implemented include: 1. Removal of two speed bumps at a cost which could be included in regular maintenance activities. Page 2 Resurface street (1,000 feet long, 18 feet wide) at a cost of $8,000.00, which could be done through the annual paving program. Review by Signals and Alarms to install three (3) street lights. If approved, cost is $6.05 per month per light, or an annual cost of $217.80. Monies are presently budgeted for such work. Water service for a distance of 1,000 feet at a current cost to the City of $7,000.00, once the residents have paid ~5,000.00 as their portion of the cost, plus refunds of $200.00 per resident who takes water service within 30 days of water main completion. For the twelve (12) existing dwellings, that would amount to $2~400.00 in refunds. Residents would also be required to pay the prevailing connection fee for water service and meter when they sign for water service. This should be resolved, and the water line installed, before the street is paved. D. Deeds will need to be prepared by an attorney who should be retained by the affected property owners. E. Title search, at a cost of $1,500.00, will have to be completed by Office of City Attorney. Surveys and preparation of right-of-way dedication plats will need to be performed by a surveyor who should be retained by the affected property owners. Private streets do exist at other locations throughout the City. There are at least nine (9) other private streets along which citizens may wish to request street paving and other City services, in much the same manner as the residents of Lake Drive have. III. Issues in order of importance are: A. Private Property B. Citizens C. Improvement Cost D. Recurring Costs E. State Maintenance Reimbursemen~ F. Other Private Streets Page 3 IV. Alternatives in order of recommendation: Authorize City Administration to proceed toward accepting street for public maintenance, providing water service, street lights, and street maintenance, contingent upon donation of right-of-way by all Lake Drive property owners in the subject area. Water service and other improvements would not be made until residents have provided funding, under the current waterline extension policy, for extension of water service. Private property would become public right-of-way for a distance of approximately 1,000 feet in length and 50 feet in width (City standard), which would include bushes, trees, and fences presently located near the 18 foot wide paved roadway. 2. Citizens would be in a position to receive additional City services. 3e Im?rovement costs incurred by the City, for paving, water service and street lights, would be approximately $18~000.00. This assumes that all right-of-way would be donated and all costs associated with dedication would be the responsibility of the affected property owners. Funding of these improvements would come from other monies presently budgeted. Recurring costs would be the normal activities and costs for street repairs, snow removal, street lighting, etc. Based on experience, the estimate of annual roadway expense for Lake Drive (at 18 feet wide) is $1~700.00. State maintenance reimbursement will be zero. The street width is not enough to qualify for street main- tenance payments from the State. (It would cost approximately $38,000.00 to widen the pavement to 30 feet in order to qualify for maintenance payments of $1~700.00 annually.) Other private streets exist for which similar citizen requests could be expected. These nine (9) private roadways, as well as Lake Drive, are indicated on the attached chart. Page 4 Do not authorize City Administration to proceed toward accepting street for public maintenance, providing water ser- vice and street lights. 1. Private property owners will continue to own the street. 2. Citizens would not be in a position to receive addi- tional City services. 3. Improvement costs are not an issue. 4. Recurring costs are not an issue. 5. State maintenance relmbursemen~ is not an issue. 6. Other private streets are not an issue. Recommendation is that the City Council approve Alternative "A" and authorize the City Administration to proceed toward accepting Lake Drive for public maintenance, providing water service, Street lights and street maintenance, contingent upon 100% donation of right-of-way, with funding from existing City accounts, and receipt of appropriate funding from the citizens for extension of water service. wR~lc~mlmm Attachments: CC: Respectfully s~tted, W. Robert Herbert City Manager Petition from Lake Drive residents Map of area indicating location of petitioners. Chart of Private Streets City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Director of Administration and Public Safety Mr. & Mrs. Joe B. Smith, 3714 Lake Drive, S.W., Roanoke, VA 24018 Mr. & Mrs. Elmer S. King, 3703 Lake Drive, S.W., Roanoke, VA 24018 Mr. & Mrs. Scott S. McCoy, 3724 Lake Drive, S.W., Roanoke, VA 24018 Mr. & Mrs. Conrad Stone, 4019 Lake Drive, S.W., Roanoke, VA 24018 Mr. & Mrs. Denis A. Lape, 3627 Lake Drive, S.W., Roanoke, VA 24018 Page 5 cc: Mr. & Mrs. Mr. & Mrs. Mr. & Mrs. Mr. & Mrs. Mr. & Mrs. Mr. & Mrs. Mr. & Mrs. Mr. & Mrs. Mr. & Mrs. Mr. & Mrs. Mr. Ernest Mr. & Mrs. Chris O. Baker, 3633 Lake Drive, S.W., Roanoke, VA 24018 Charles Simmons, 4016 Lake Drive, S.W., Roanoke, VA 24018 R. A. Cronise, 4001 Lake Drive, S.W., Roanoke, VA 24018 John A. Cloeter, 3704 Lake Drive, S.W., Roanoke, VA 24018 Harry C. Turner, 3711 Lake Drive, S.W., Roanoke, VA 24018 Jess W. Chapman, 2308 Karen Hill Drive, Salem, VA 24153 David G. Rosenbaum, 3249 Hastings Road, S.W., Roanoke, VA 24018 Walter Johnson, 4023 Lake Drive, S.W., Roanoke, VA 24018 G. Nelson Havens, 3637 Lake Drive, S.W., Roanoke, VA 24018 Jonathan M. Rogers, 3734 Lake Drive, S.W., Roanoke, VA 24018 M. Proffitt, 3613 Lake Drive, S.W., Roanoke, VA 24018 David L. Huffman, 3647 Lake Drive, S.W., Roanoke, VA 24018 Mr. & Mrs. Edward Brlnkley, 3619 Lake Drive, S.W., Roanoke, VA 24018 A. M. Renick Estate, c/o John Renick Co., Executor, Route 2, Box 22, Salem, VA 24153 m~ammae, el~ ~, aaa ~,ee{ l~ ~ ~e ~ke made ia ~he a~mexatiea of {~& PRIVATE STREETS COST TO STREET FROM TO LENGTH EXISTING WIDTH IMPROVE STANDARDIZE EXISTING (30') WIDTH ONLY Clara Rd., S.W. Mud Lick Rd. End 650' 20' $ 21,000 $ 6,500 Dogwood Hill Road~ N.E. Kin~ St. End 600' 10' 38,500 3~000 Gates Lane, N.E. 375' N. of City Limits End 250' 10' 16~500 2,700 300' E. of Lake Dr., S.W. Deyerle Rd. S. Lake Drive 1000' 18' 38,000 8~000 River Ave., S.E. 9th Street Progress Drive 2100' 25' 156,000 85,000 Scott Rd., N.E. Daleton Rd. End 750' 10' 48,000 8~000 Sharon Rd.~ N.E. Crai~ Rd. End 800' 10' 51,000 4,000 South Lake Lake Dr. Westchester Drive, S.W. Ave. 1850' 10' 59~000 9,200 Unnamed Ross Lane End 400' 20' 10,500 4~000 Ventnor Rd., S.E. 300' S. of Garden City Imlay Ave. Blvd. 850' 10' 54,000 4~300 TOTAL $492,500 $134,700 SAY $500,000 $135,000 5/23/86 RKB/dbm / 75 Office of the City C~e~ July 30, 1986 File #1'02 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28263, approving your issuance of Change Order No. i to the City's contract with Wilkins Construction Company, Inc., for deck rehabilitation on the Walnut Avenue Bridge, which Ordinance was adopted by the Council of the City of Roanoke as a regular meeting held on Monday, July 28, 1986. Si ncer el y, r~ary F. Parker, CMC (:ity Clerk MFP:se Enc o cc: Wilkins Construction Company, Inc., Route 1, Amherst, Virginia 24521 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 Mrs. Delores Irving, Construction Cost Technician Mr. Robert K. Bengtson, Traffic Engineer Room456 Municip~lBuilding 215(~urchA',~.~ue, S.W. Roono~e, Vlrginia24~11 (703)981-2541 IN THE COUNCIL OF THE CITY OF I%OANOKE, VIRGINIA, The 28th day of July, 1986. No. 28263. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Wilkins Construction Company, Inc., for deck rehabilitation on the Walnut Avenue Bridge; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. I to the City's contract with Wilkins Construction Company, Inc., dated April 7, 1986, related to the Walnut Avenue Bridge deck rehabilitation. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL COt~ AM~ $ 424,658.00 CK4NC, E O~D~]{ ND. 1 Add 515 sq. yds. of rehabilitation + $ 64,375.00 Add 20 cu. yds. of concrete + $ 6,000.00 Total of Change Order No. 1 $ 70,375.00 $ 495,033.00 Additional days resulting fr~n Change Order No. 1 45. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full foree and effect upon its passage. ATTEST: City Clerk. Office of the C~ry Clerk July 30, 19~6 File #6~0-102 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear ~lr. Schlanger: I am attaching copy of Ordinance No. 28262, amending and reor- daining certain sections of the 1986-87 Capital Projects Fund Appropriations, to provide for the transfer of funds in connec- tion with the execution of Change Order No. 1 to the contract with Wilkins Construction Company, Inc., for the Walnut Avenue Bridge, S. E. deck rehabilitation, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. Si ncerely, Mary F. Parker, CMC City Clerk ~FP:se Enc. cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mrs. Delores Irving, Construction Cost Technician Mr. Robert K. Bengtson, Traffic Engineer Room456 Munlcl~0alBullding 215C~urchAv~nue, S.W. Roanoke, Vlrginio24011 (703)981-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 28262. 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 Public Improvement Bonds - Series 1985 Streets and Bridges (1) ......................... Streets and Bridges Walnut Avenue Bridge Deck Repair (2) ............. $10,448,795 (1) Streets & Bridges (A008-052-9577-9181) $(70,375) (2) Approp. From Bonds (A008-052-9529-9001) 70,375 1,746,086 6,008,992 556,250 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia July 28, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Change Order No. 1 - Walnut Avenue Bridge, S.E. over N&W Railway Deck Rehabilitation I. Back~round on this subject is: Wilkins Construction Company, Inc. submitted a base bid in the amount of $403,358.00 for Walnut Avenue Bridge, S.E. over N&W Railway Deck Rehabilitation, which was accepted by City Council in Ordinance No. 28083 at a regular meeting held on April 7, 1986. B. Project includes: 1. Contract amount of $424~658.00 (base bid plus alternates). 2. Time limit of 180 consecutive calendar days. Walnut Avenue Brid~e~ S.E. over N&W Railway has been experiencing deck deterioration due to the penetration of water through the deck joints. The deck, which has been resurfaced several times since its 1927 construction date, is being rehabilitated in order to lighten the dead load on the structure, improve the bridge's riding surface, and extend the life of the bridge. Deck deterioration of this bridge was studied by Hayes, Seay, Mattern and Mattern in 1984 to determine the extent to which deck rehabilitation is needed as a result of water penetration. The study included obtaining seventy-two (72) test cut samples from the bridge deck which were submitted for laboratory analysis. The results of the analysis indicated that deck rehabilitation was necessary on the structural deck areas at the bridge piers. Areas of the structural deck between each pier were believed to need only a minor amount of rehabilitation. The structural deck needed to be completely exposed (by removing the several bituminous and concrete overlays that have occurred since 1927) in order to make these necessary repairs. II. Current situation of the subject is: Structural deck of this bridge has been completely exposed by the contractor. The exposed deck has been examined by Hayes, Seay, Mattern and Mattern. Their findings reveal that the areas between each pier, previously believed to need only a minor amount of Page 2 rehabilitation, now need a much greater amount of the rehabilita- tion. That is, previous estimates of 125 square yards of rehabi- litation have been increased by an additional 515 square yards. At $125.00 per square yard, this is an additional $64~375.00. Curb height of the new curb also needs to be increased by 4 inches to cover the joint made where previous sidewalk repairs on the bridge extended only a few inches below the old bituminous pave- ment. This requires an additional 20 cubic yards of concrete at $300.00 per yard, which equals $6~000.00. Fundin~ in the amount of $70,375.00 (the total of the above two items) is available from the Public Improvement Bond - Series 1985 - Streets and Bridges Account No. 008 052 9577 9181 to provide the subject work for Change Order No. 1. De Contract would increase to $495~033.00 by virtue of Change Order No. 1 in the amount of $70,375.00. The same unit prices used in the original low bid would also be used in this change order. An additional forty-five (45) calendar days would also be added to the 180 calendar days for this contract. III. Issues in order of importance are: A. Necessity and justification of additional work. B. Fundin~ availability. C. Timin~ requirements. IV. Alternatives in order of recommendation are: Authorize the City Manager to execute Change Order No. 1 in the amount of $70,375.00, and an extension of time in the amount of forty-five (45) consecutive calendar days. Necessity and justification of additional work exists. Addition of these necessary repairs to the structural deck will provide the extended bridge life that is desired. Fundin~ availability is from the Public Improvement Bond - Series 1985 - Streets and Bridges Account No. 008 052 9577 9181. 3. Timin~ requirements would be acceptable. Page 3 Do not authorize the City Manager to execute Change Order No. 1 in the amount of $70,375.00, and an extension of time in the amount of forty-five (45) consecutive calendar days. Necessity and justification of additional work would continue to exist. Extension of bridge llfe would not be maximized. Additional deck rehabilitation work would likely be needed again in the near future. 2. Fundin~ availability would be saved for other future bridge projects. 3. Timin~ requirements would not be an issue. Recommendation is that City Council approve Alternative "A" by taking the following actions: A. Authorize the City Manager to execute Change Order No. 1 in the amount of $70,375.00. B. Time limit of contract to be extended by forty-five (45) con- secutive calendar days. Transfer $70~375.00 from the Public Improvement Bond - Series 1985 - Streets and Bridges Account No. 008 052 9577 9181 into the existing Walnut Avenue Bridge Deck Repair Account No. 008 052 9529 9001 (this maintains the $20,000.00 contingency ori- ginally established when contract was awarded). WRH/RKB/dbm cc: City Attorney Director of Finance Director of Public Works City Engineer W. Robert Herbert City Manager Office of the City Cle~ July 3(l, 1986 File Mr. ~I. Robert Herbert City ~!anager Roanoke, Virginia Dear Mr. Herbert: Your report concerning a boundary adjustment with the City of Salem resulting from a realignment of Keagy Road, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. On motion, duly seconde~ and unanimously adopted, Council con- curred in your recommendation. Si ncerel y, Mary F. Parker, CIIC City Clerk MFP:se cc: Mr. Hilliam J. Paxton, Jr., Salem City Manager, P. O. Box 869, Salem, Virginia 24153 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel ~1. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Robert K. Bengtson, Traffic Engineer Room 456 Municipal Building 2t 5 C~urch Avenue, S.W. Roonc~e, Virginia 240t I (703) 981-254t Roanoke, Virginia July 28, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Boundary Adjustment with City of Salem; Realignment of Keagy Road ~acksround on this subject is as follows: A. Representatives of the Cities of Roanoke and Salem have dis- cussed on numerous occasions ways of improving the intersec- tion of Apperson Drive/Brandon Avenue with Keagy Road. B. Development of new Lowe's Building Supply just inside the City of Salem has resulted in the dedication of a 50-foot right-of-way which will allow for straightening the align- ment of Keagy Road to create a tee-intersection with Apper- son Drive. II. Current Situation is as follows: Cooperative venture between Salem and Roanoke public works departments can provide a new road segment for improved traffic safety. Roanoke personnel and equipment are avail- able to grade and prepare the right-of-way and Salem can provide the necessary materials. Boundary adjustment between the two cities can follow so as to maintain all of Keagy Road in one jurisdiction, the City of Roanoke, to preclude the creation of law-enforcement com- plications. A triangular parcel of land, owned by Lowe's Building Supply but not part of their new development, would eventually be in the City of Roanoke. (See attached plan.) III. Issues in order of importance are: A. Traffic safety. B. Funding. C. Timing. IV. Alternatives are: Authorize the City Manager and City Attorney to proceed with appropriate actions to construct the realigned segment of Keagy Road and initiate a boundary line adjustment with the City of Salem. Members of Council July 28, 1986 Page 2 1. Traffic safety will be improved by a new tee-intersection of Keagy Road and Apperson Drive. 2. Funding will come from available salary and operating accounts in the current budget and the City of Salem. 3. Timing will correspond with the pending opening of the new business which has provided the right-of-way and engineering for the project at no cost to either City. Reject the proposal to provide a realigned segment of Keagy Road and corresponding boundary adjustment with the City of Salem. 1. Traffic safety will not be improved and the acute angle of Keagy Road with Apperson Drive/Brandon Avenue will continue to serve a large number of vehicles. 2. Funding will not be an issue. 3. Timing will delay provision of alternate access to the new business which is soon to begin operations. Vo Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative A. B. Authorize the City Manager to proceed with the construction of the realigned segment of Keagy Road, cooperatively with the City of Salem. C. Authorize the City Attorney to initiate appropriate measures ~o effect a boundary adjustment with the City of Salem. Respectfully submitte,~, W. Robert Herbert City Manager WRH:WFC:gs Attachment pc: City Attorney Director of Finance Director of Public Works Salem City Manager UJ LU r~ m O~ ~ ILl ~YO~ Office of the Oty C]e~ July 30, 1986 Fil~ #2'4-32 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28264, amending and reor- daining §7-13, Adopted; where copies filed, of the Code of the City of Roanoke (1979), as amended, to provide for adoption of new building codes to replace earlier editions of the same codes, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. cc: Mr Mr Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Mr William F. Clark, Director of Public Works Mr Ronald H. Miller, Building Commissioner 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 ' Room456 Municil~alBuildlng 215C~urc~Av~'~ue, S.W. Roanoke, Vlrginia24011 (703) 98t-2541 Mr. W. Robert Page 2 July 30, 1986 Herbert CC: The Honorable Ernest W. Ballou, Judge, Circuit Court The Honorable Roy B. Wiltett, Judge, Circuit Court The Honorable G. O. Clemens, Judge, Circ'uit Court P. 0 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 M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President Supplements, Municipal Code Corporation, p. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF ~tE CITY OF ROANOKE, The 28th day of July, 1986. VIRGINIA, No. 28264. AN ORDINANCE amending and reordaining '~7-13, Adopted; where copies filed, of tile Code of the City of ROanoke (1979), as amended, to pro- vide for adoption of ne%~ building codes to replace earlier editions of the same codes; and providing for an emergency. BE IT ORDAINED by the Council of the City of ROanoke as follows: 1. Section 7-13, Adopted; where copies filed, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as fol- lows: §7-13. Adopted; where copies filed. The provisions, requirements and regulations contained in that certain building code known as the Uniform Statewide Building Code of Virginia, including and comprised of: Volume I New onstructlon Code· 1984 Edition; Building Officials and Code Administrators International, Inc. (BOCA) Basic Building Code, 1984 Edition; BOCA Basic Plumbing Code, 1984 Edition; BOCA Basic Mechanical Code, 1984 Edition; the Elec- trical Code of the National Fire Protection Association, 1984 Edition; and the One and Two Family Dwelling Code of the Council of American Building Officials, 1983 Edition ~vith 1984 supplement; and the amendments to the Uniform Statewide Building Code by the Virginia Board of [lousing and Community Development effective April 1, 1986, as the same ~y from time to time hereafter be amended by the State Board of Housing and Community Development; are hereby adopted by the City and are incorporated herein by referenee as fully as if set out at length herein, and the same shall be controlling in the construction, reconstruction, alteration, enlargement, repair, conversion or demolition of buildings and other structures contained within the corporate limits of the City. Such code shall be referred to hereinafter as the Building Code. Copies of such Code shall be kept on file in the Office of the Building Commissioner and in the Office of the City Clerk. 2. In order to provide for the usual daily operation of the munici- pal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its .passage. ATTEST: City Clerk. Roanoke, Virginia July 28, 1986 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Request Adoption of Ordinance Amending §7-13, City Code Building Regulations II. Current Situation: A. Existing regulations under Chapter 7, §7-13, Roanoke City Code, makes mention of Uniform Statewide Building Code of Virginia, which is comprised of the BOCA Basic Building Code/1981, the BOCA Basic Plumbing Code/1981, the BOCA Basic Mechanical Code/1981, the One and Two Family Dwelling Code/1979 edition and 1980 supplement, the NPIPA National Electrical Code/1981, and the Virginia Administrative Amendment/1981, adopted by the Virginia Board of Housing and Community Development on March 15, 1982, and was adopted by the City of Roanoke by reference. The above-mentioned codes have been in effect in the city since October 4~ 1982. B. The State Board of Housing and Community Developmen~ has adopted Volume I - New Construction Code 1984 Edition, including model building, plumbing, and mechanical codes of the Building Officials and Code Administrators International, Inc., and the electrical code of the National Fire Protection Association, and supplemented by adoption of the One and Two Family Dwelling Code 1983 addition, with 1984 supplements (published by the Council of American Building Officials), effective April 1~ 1986. A. Mandatory, statewide uniform regulation; B. Legal requirements III. Alternatives Authorize the amendmen~ of §7-13, Roanoke City Code, to adopt Volume I - New Construction Code 1984 Edition, including model building, plumbing, and mechanical codes of Building Officials and Code Administrators International, Inc. and the electrical code of the National Fire Protection Association. These will be supplemented by adoption of the 1983 edition, with 1984 supplement, of the One and Two Family Dwelling Code (published by the Council of American Building Officials). 1. Mandatory, statewide uniform regulations must be enforced to be in compliance with state law. 2. Legal requirements would be met. B. Do not authorize the amendment of §7-13, Roanoke City Code. Mandatory, statewide uniform regulations not adopted would be in conflict with the General Assembly of the Commonwealth of Virginia. 2. Legal requirements would not be met. IV. Recommendation: City Council concur with Alternative "A" and amend §7-13, Roanoke City Code, as in the attached ordinance prepared by the City Attorney. WRH:RHM:saj Attachment cc: City Attorney Director of Finance Director of Public Works Building Commissioner Respectfully~ ~, subm~tted,~ ~'/t~'~° W. Robert Herbert City Manager C)f~ce of ?ne O~y .July 30~ lg86 File # 1'04-472 Fulton Trucks, Inc. 1501 Shenandoah Avenue, N. Roanoke, Virginia 24017 Gentlemen: I am enclosing copy of Ordinance No. 28266, accepting your proposal made to the City to furnish and deliver a new four-wheel drive passenger type vehicle, for the sum of $18,416.80, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. Sincerely, Hary F. Parker, CIIC City Clerk MFP: se F. nc . cc: Mr. W. Robert Herbert, City Manager Mr. Witburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. D. Darwin Roupe, ~anager, General Services ~tr. William F. Clark, Director of Public Works Room456 Munlcll:x~lBuilding 215 C~urch Avenue, S.W. Roonoke, Vlrginla24~11 (703) 981-2541 IN rl%{E COU~4CIL OF I~{E CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 28266. AN ORDINANCE providing for the purchase of a new 4-wheel drive passenger type vehicle for use by the City, upon certain terms and conditions, by accepting a bid made to the City for furnishing and delivering such equipment; rejecting other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council 1. offering Virginia, of the City of Roanoke that: The bid of Fulton Trucks, Inc., made to the City to furnish and deliver to the City, f.o.b., Roanoke, a new 4-whee! drive passenger type vehicle for the sum of $18,416.80, is hereby ACCEPTED. 2. The City's Manager of General Services is authorized and directed to issue the requisite purchase order therefor, incor- porating into said order the City's specifications, the terms of said bidder's proposal, and the terms and provisions of this ordinance. 3. The other bids made to the City for the supply of such equipment are hereby REJECTED, and the City Clerk is directed to notify such other bidders and to express the City's appreciation for their bids. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Cien~ July 301 1986 File #6'0-104-472 !qr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28265, amending and reor- daining certain sections of the 1986-87 General Fund Appropriation Ordinance, by appropriating $18,417.00 for the purchase of one new four-wheel drive passenger type vehicle to be used by the City Manager's office, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services Mr. William F. Clark, Director of Public Works and Room 456 Municipal Building 215 Church Av~que, S.W. I~oanoke, Virginia 240t I (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 28265. AN ORDINANCE to amend and reordain certain sections of the 1986-87 General Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1986-87 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations General Government $6,588,145 City Manager (1) .................................. 316,380 Fund Balance Capital Maintenance & City Unappropriated Equipment Replacement Program - (2) ............................ $ 14,902 (1) Veh. Equip. (A001-002-1211-9010) $ 18,417 (2) CMERP (X001-3323) (18,417) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Roanoke, Virginia July 28, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: the SUBJECT: PURCHASE OF FOUR WHEEL DRIVE PASSENGER TYPE VEHICLE - BID NUMBER 86-7-21 I concur with the recommendation of the bid committee relative above subject and recommend it to you for appropriate action. Respectfully s~bmitted, W. Robert Herbert City Manager WRH/DDR/ms Roanoke, Virginia July 28, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: PURCHASE OF FOUR WHEEL DRIVE PASSENGER TYPE VEHICLE - BID NUMBER 86-7-21 BACKGROUND Specifications were developed to competitively bid one (1) new, four (4) wheel drive, passenger type vehicle, to be used by the City Manager's Office. Bid Request were specifically sent to the nine (9) vendors that are listed on the City's Bid List. Bids were received, after due and proper advertisement, and were publicly opened and read in the Office of the Manager of General Service, at 2:00 p.m., on Monday, July 21, 1986. II~ CURRENT SITUATION A. Four bid responses were received, two of which were no bids. B. Two responsive bids were received and they are as follows: 1. Fulton Trucks, Inc. - $18,416.80 2. Berglund Chevrolet AMC Jeep - $19,416.80 C. The lowest bid submitted by Fulton Trucks, Inc., meets City Specifications. III~ ISSUES 1. Need ~ompliance with Specification~ Fund Availabilit~ Honorable Mayor and City Council Page 2 IV~ ALTERNATIVES Council accept the lowest responsible bid meeting specifi- cations on one (1) new, four (4) wheel drive, passenger type vehicle, to Fulton Trucks, Inc., for the total amount of $18,416.80. Vehicle will be assigned to City Manager. 1. Need Transportation of Economic Development prospects to and from airport, hotel, city hall, etc. Industrial site showings, particularly where adverse road conditions e~ist. c. Emergency Response during inclement weather. Compliance with Specification~ - the recommended bid meets all required specifications. Fund Availability - funds are available in the '86-87 Capital Maintenance and Equipment Replacement Program. B. .Reject all Bids Need - some Economic Development Projects could possibly suffer, by not having ability to access various off road sites and emergency responses in inclement weather, could be reduced. 2. Compliance with Specifications - would not be a factor in this alternative. 3. Fund Availability - funds needed to provide for this ~urchase would not be expended. RECO[~MENDATION Council concur with Alternative "A" - accept the lowest responsible bid for one (1~ new, four (4) wheel drive, passenger type vehicle as submitted by Fulton Trucks, Inc., for the total amount of $18,416.80. City Council appropriate $18,416.80 from the Capital Maintenance and E~uipment Replacement City Manager's Account 001-002-1211-9010. FY 1984-85 Program to Honorable Mayor and City Council Page 3 Respectfully submitted, Bid C ' · ommltee. DDR/ms cc: City Attorney Director of Finance William F. Clark D. Darwin Roupe' ~ Office of the City Clen~ July 30~ 1986 File #235 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Oear Mr. Herbert: I am attaching copy of Ordinance No. 28267, amending the Code of the City of Roanoke (1979), as amended, by enacting a new Chapter 5.1, Ambulances, consisting of new sections 5.1-1 through 5.1-13, such new Chapter generally establishing a permit requirement for operation of ambulances in the City; setting forth various requirements for obtaining such permit; authorizing permit holders to respond to non-emergency situations and, under limited conditions, to emergency situations; imposing certain require- merits on permit holders: repealing Chapter 5, Ambulances and Vehicles for Transportation of Handicapped; 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, July 28, 1986. Si ncerely, Mary F. Parker, CMC City C1 erk MFP:se Eric. Room456 M~niclpalBuilding 215(D-,urchAve~ue.S.W. Roanoke, VIrgtnlo24011 (703) 981-2541 Mr. W. Robert Herbert Page 2 July 30, 1986 cc: Mr. Ernie Meier, Administrator, Lewis-Gale Hospital, Inc., 1900 Electric Road, Salem, Virginia 24153 Mr. Thomas L. Robertson, Administration, Roanoke Memorial Services Corporation, P. O. Box 13367, Roanoke, Virginia 24033 Mr. William Reid, Administrator, Community Hospital of Roanoke Valley, 101 Elm Avenue, S. E., Roanoke, Virginia 24029 Mr. Stephen Rice, Friendship Manor - United Ambulance Service, Inc., 215 Hershberger Road, N. W., Roanoke, Virginia 24012 Mr. William B. Hopkins, Attorney, 416 South Jefferson Street, Roanoke, Virginia 24011 Mr. Thomas A. 8radshaw, Lewis-Gale Hospital, Inc., 1900 Electric Road, Salem, Virginia 24153 Mr. C. E. Carter, Administrator, South Roanoke Nursing Home, 3823 Franklin Road, S. W., Roanoke, Virginia 24014 Mr. Gary P. Gross, M.D., President, Lewis-Gale Clinic, Inc., 1802 Braeburn Drive, Salem, Virginia 24153 Ms. Karen Greg9, Director of Nursing, United Methodist Home of Roanoke, 1009 Old Country Club Road, N. W., Roanoke, Virginia 24017 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Warren E. Trent, Manager, Emergency Services Mr. Donald S. Caldwell, Commonwealth's Attorney Mr. Raymond F. Leven, Public Defender, Suite 48, 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 Court 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 M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 28267. AN ORDINANCE amending the Code of as amended, by enacting a new C~apter of new sections 5.1-1 through 5.1-13, establishing a permit requirement for the City of Roanoke (1979), 5.1, Ambulances, consisting such new Chapter ~enerally operation of ambulances in the City; setting forth various requirements for obtaining such permit; authorizing permit holders to respond to non-emergency situations and, under limited conditions, to emergency situa- tions; imposing certain requirements on permit holders; repealing Chapter 5, Ambulances and Vehicles for Transportation of Handi- capped; and providing for an emergency and an effective date. WHEREAS, Chapter 5, Ambulances and Vehicles for Transporta- tion of Handicapped, of the Code of the City of Roanoke, requires persons who wish to operate ambulances or vehicles for the transportation of handicapped persons to obtain a certificate of convenience and public necessity for operations undertaken within the City; and WHEREAS, after notice to the public and receipt of public comment, this Council modifications of the to be made and that it is necessary for Council powers enumerated herein in order to assure the quate and continuing ambulance service and that is of the opinion and finds as a fact that current regulatory plan for ambulances need to exercise the provision of ade- such exercise of powers is necessary to preserve, protect and health, safety and general welfare. THEREFORE, BE IT ORDAINED by the Roanoke as follows: Council promote the public of the City of 1. The Code of the City of Roanoke is amended and reor- dained by the addition of a new Chapter 5.1, Ambulances, con- sisting of new sections 5.1-1, Definitions; 5.1-2. Permit Required; exceptions; 5.1-3. Volunteer Rescue Squads and Governmental Agencies - Exempt; 5.1-4. Application for permit; 5.1-5. Requirements to obtain permit; 5.1-6. Issuance or denial; 5.1-7. Duty to give notice of change in circumstances; 5.1-8. Current holders of certificates of public convenience and necessity; 5.1-9. Suspension or revocation of permit; 5.1-10. Sale, assignment, etc. prohibited; 5.1-11. Authorization to provide non-emergency service; response to emergencies permitted under limited conditions; 5.1-12. Operations within the City; 5.1-13. Service logs, which shall read and provide as follows: Chapter 5.1 AMBULANCES Sec. 5.1-1. Definitions. As used in this Chapter, the phrases shall have the meanings them in this section, unless the tes a different meaning: following words and respectively ascribed to context clearly indica- (a) Ambulance. The term "ambulance" shall mean any privately or publicly owned vehicle that is specially designed, constructed or modified and equipped and is intended to be used for and is maintained or operated to provide immediate medical care to or to transport per- sons who are sick, injured, wounded or otherwise incapa- citated or helpless. (b) Emergency. The term "emergency" shall mean an unforeseen condition or circumstance in which there is a need for immediate medical care in order to prevent loss of life or aggravation of illness or injury. (c) Patient. rl~e term "patient" shall mean an individual who is sick, injured, wounded or otherwise incapacitated or helpless. (d) Permit. X~e term "permit" shall mean a permit issued by the City Manager authorizing the operation of an ambulance. (e) Person. The term "person" shall mean an indivi- dual, firm, partnership, association, corporation, com- pany, group of individuals acting together for a common purpose, or organization of any kind. Sec. 5.1-2. Permit Required; exceptions. (a) No person shall operate or cause to be an ambulance from within the City to any other within the City, unless such person possesses a operated location permit. (b) No permit shall be required for operation of an ambulance which is (1) engaged in the transportation of a person from a point beyond the limits of the City to a location within the City, or (2) is engaged in the transportation of a person through the City, or (3) is engaged in the transportation of a person from a loca- tion within the City to a location outside of the City. (c) No permit shall be required for operation of an ambulance when used to render assistance, at the request of the City, in the case of a major catastrophe or emergency with which the ambulances which have been authorized to operate in the City are insufficient or unable to cope. Sec. 5.1-3. Volunteer Rescue Squads and Governmental Agencies Exempt. Volunteer rescue squads and the members thereof who are acting in such capacity and governmental agencies and their employees who are acting in such capacity shall be exempt from the provisions of this Chapter. - 3 - Sec. 5.1-4. Application for permit. Any person who desires a permit shall file a sworn application with the City Manager on a form prepared and provided for that purpose by the City Manager. rI~ne application shall include evidence of compliance with the terms and provisions of this Chapter and such other information as may be required by the City Manager. Sec. 5.1-5. Requirements to obtain permit. No person shall be issued a permit unless he: (a) Furnishes proof that he possesses mit issued by the Commonwealth of Virginia emergency medical service vehicle. a valid per- to operate an (b) Files a schedule of rates to be charged for services rendered under the permit. (c) Agrees to comply with the terms and conditions of this Chapter, other provisions of this Code and applicable state and federal laws and regulations. (d) Provides an appropriate certificate of insurance indicating the following minimum coverages: motor vehicular liability insurance of $100,000 per occurrence and $300,000 aggregate and general liability insurance of $100,000 per occurrence and $300,000 aggre- gate. The certificate of insurance shall contain a clause obligating the company issuing the same to give fifteen (15) days' notice in writing to the City Manager before the cancellation of such policies. The City shall be named as an additional insured on such policies of insurance as its interests may appear. Sec. 5.1-6. Issuance or denial. (a) The City Manager, upon consideration of the requirements set forth in this Chapter, shall grant or deny the request for permit. The City Manager shall render his decision in writing and shall mail a copy thereof to the applicant at his last known address. (b) Any person who is denied a permit by the City Manager may appeal the same to the City Council, by written notice filed with the City Clerk within thirty (30) calendar days of the date of ,nailing of the City Manager's decision. Upon appeal, after such notice and hearing as the Council may deem appropriate, the Council may affirm, reverse or modify the City Manager's deci- sion, or may remand the matter for further iavestigation or action. - 4 - Sec. 5.1-7. Duty to give notice of change in circum- stances. The applicant for a permit or, if a permit has been granted, the holder of a permit shall immediately give notice in writing to the City Manager of any change in the information set forth in the application for permit, including, without limitation, any change in rates, insurance coverage, or the ownership of fifty per cent or more of the common stock of the corporation which has applied for or has received the permit. Sec. 5.1-8. Current holders of certificates of public convenience and necessity. Any person ~ho, on the date of adoption of this Chapter, holds a certificate of public convenience and necessity issued by the City licensing the operation of an ambulance or vehicle for the transportation of han- dicapped persons may, for a period of sixty calendar days after the effective date of this Chapter, continue to operate same within the City. Thereafter, such per- son shall be required to have a permit issued by the City Manager. Sec. 5.1-9. Suspension or revocation of permit. (a) Any permit issued under this Chapter may be suspended or revoked by the City Manager, after a hearing, for failure to comply with the provisions of Title 32.1, C~apter 5, Article 5 of the Code of Virginia or of this Chapter or any other provision of local, state or federal law or regulation. Such hearing shall be held after fourteen (14) calendar days' prior written notice has been mailed to the permit holder at his last known address. After the hearing, the City Manager shall render his decision in writing and shall mail a copy thereof to the permit holder at his last known address. The City Manager's decision shall be effective as of the date established in the decision and shall not be stayed pending the outcome of any appeal. (b) The permit holder may, by written notice filed with the City Clerk within thirty (30) calendar days of the date of mailing of the City Manager's decision, appeal an adverse decision by the City Manager to the City Council. Upon appeal, after such notice and hearing as the Council may deem appropriate, the Council may affirm, reverse or modify the City Manager's decision, or may remand the matter for further investigation or action. - 5 Sec. 5.1-10. Sale, assignment, etc. prohibited. No permit granted under this Article may be sold, assigned or transferred, nor shall it in any way vest in any person, other than the applicant to whom the permit is granted, any rights or privileges under the permit. For purposes of this section, the transfer of ownership of fifty per cent or more of the common stock of a cor- poration which has been granted a permit shall be deemed to be a transfer of the permit. Sec. 5.1-11. Authorization to provide non-emergency ser- vice; response to emergencies permitted under limited conditions. The holder of a permit shall be authorized to res- pond to requests for non-emergency service. Response to emergencies shall not be permitted unless: (a) A request is made by the patient or by someone on behalf of the patient. (b) A request is made by the City. (c) A condition is coincidentally observed by the owner or operator of the ambulance which requires imme- diate attention. Any permit holder who provides ambulance service under emergency conditions shall give immediate notice of such response to the City. Sec. 5.1-12. Operations within the City. As a condition of the permit, the permit holder shall agree to provide service throughout the City. No permit holder shall refuse to transport any person in the City to another point in the City without just cause. For purposes of this section, the term "just cause" shall include unavailability of qualified person- nel or vehicles and the inability or refusal of the patient to pay for the requested ambulance service. Sec. 5.1-13. Service logs. Every permit holder shall maintain accurate service logs of operations undertaken in accordance with its permit. Such service logs shall include, with regard to each request for ambulance service, the time and date the request was received, the location of the patient on whose behalf the request was made, the time the ambu- lance arrived at the location, the destination and the time of arrival at the destination. If the request was denied, the log shall indicate the reason for such denial. In addition, the service log shall include any other information required by the City Manager. Such logs shall be made available for inspection by the City upon request. 2. Chapter 5, Ambulances and Vehicles for Transportation of Handicapped, consisting of section 5-1, Definitions, 5-2, Violations of chapter, 5-3, Regulation of rates, 5-4, Obtaining service without intent to pay, 5-5 - 5-15, l{eserved, 5-16, Required; exceptions, 5-17, Application generally, 5-18, Applicant's insurance. 5-19, Hearing on application; council determinations, 5-20, Issuance or denial, 5-21, Sale, assignment, etc., prohibited, and 5-22, Suspension or revocation, Code of the City of Roanoke (1979), as amended, is hereby REPEALED. e municipal ordinance August 1, In order to provide government, shall be in 1986. for the usual daily operation of the an emergency is deemed to exist, and this full force and effect on and after ATTEST: City Clerk. WILBURN C. DIBLING. JR, CITY ATTORNEY OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011 703-981-2431 July 28, 1986 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Regulation of ambulance service Dear Mrs. Bowles and Gentlemen: On July 14, 1986, City Council received a briefing from the City Manager concerning the need to amend the current City regu- latory plan for ambulance service. Council generally concurred in the proposal for amending the City Code and directed that this matter be brought back for consideration of the necessary measure on July 28, 1986. Attached for the consideration of Couneil is a measure which repeals the current ordinances governing ambulance service and establishes a new regulatory framework. The thrust of the new plan is to establish certain minimum requirements to protect the public while also permitting all qualified parties to compete on an equal basis. Under the proposed plan, all private organizations and indi- viduals providing ambulance service from one location in the City to any other location in the City will be required to obtain a permit from the City Manager. Volunteer rescue squads and governmental agencies are exempt from the regulations. As a prerequisite to reeeiving the permit, the applicant must furnish proof that he possesses a valid state permit to engage in this type of activity. Each applieant will also be required to file a rate schedule and to provide proof of motor vehicular liability insurance and general liability insurance with speeified coverage limits. The City is to be named as an additional insured on such policies as its interests may appear. Under the new plan, the City Manager will issue the permit if he concludes that the applicant is qualified. An applicant who is denied a permit by the City Manager may appeal this decision to the City Council. The ordinance also provides for suspension or revocation of the permit if there are violations of applicable city, state or federal regulations. The Honorable Mayor and Members of City Council July 28, 1986 Page 2 A permit will allow response to non-emergency situations in the City. Response to emergencies will be permitted only when there has been a request made by the patient or someone on behalf of the patient, when there has been a request made by the City, or when the owner or operator of the ambulance coincidentally observes a condition requiring immediate attention. The permit holder is required to notify the City of any response to an emergency condition so that the City will be aware that ambulance response has been provided. One condition of each ambulance permit is that the holder must agree to provide service throughout the city and not to refuse to serve any person without just cause. Service may be refused if there is a lack of qualified personnel or equipment or if the patient is unable or unwilling to pay for the requested service. Finally, the ordinance provides that each certificate holder will maintain accurate service logs containing critical infor- mation about each request for service. The logs are required to be made available for inspection by the City upon request. We will be pleased to respond to any questions which members of Council may have. Sincerely, Wo Robert Herbert City Manager , Jro City Attorney WPdt/WCDj /WXP:sm Attachment ce: George C. Snead, Warren Trent Mary F. Parker Jr. Office of June 11, 1986 File #235 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report recommending issuance of a Certificate of Public Convenience and Necessity to Lewis-Gale Hospital, Inc., and authorization to review the current regulatory plan to determine if some degree of deregulation would be beneficial, was before the Council of the City of Roanoke at a regular meeting held on Monday, June 9, 1986. On motion, duly seconded and unanimously adopted, the matter was taken under advisement and referred back to you to review the applications of United Ambulance Service, Inc., Lewis-Gale Hospital, Inc., and Roanoke Memorial Services Corporation for Certificates of Public Convenience and Necessity within a time frame of 30 days. You were also requested to study the question of whether or not Some degree of deregulation would be in order. Sincerely, Mary F. Parker, CM¢ City Clerk MFP:se Room456 Municil~tBuildin9 215ChurchAvenu~,,S.W. Roanoke. Vlrginia24.011 (703) 981-2541 Mr. W. Robert Page 2 June 11, 1986 Herbert cc: Mr. Ernie Meier, Administrator, Lewis-Gale Hospital, Inc., 1900 Electric Road, Salem, Virginia 24153 Mr. William H. Flannagan, President, Roanoke Hospita'l Association, P. O. Box 13367, Roanoke, Virginia 24033 United Ambulance Service, Inc., 215 Hershberger Road, N. W., Roanoke, Virginia 24012 Mr. William B. Hopkins, Attorney, 416 South Jefferson Street Roanoke, Virginia 24011 ' Mr. Thomas A. Bradshaw, Lewis-Gale Hospital, Inc., 1900 Electric Road, S. W., Roanoke, Virginia 24153 Gray's Ambulet Service, 3719 Bear Road S. E Roanoke, Virginia 24014 ' '' Mr. C. E. Carter, Administrator, South Roanoke Nursing Home, 3823 Franklin Road, S. W., Roanoke, Virginia 24014 Mr. Gary P. Gross, M.D., President, Lewis-Gale Clinic, Inc., 1802 Braeburn Drive, Salem, Virginia 24153 Ms. Karen Gregg, Oirector of Nursing, United Methodist Home of Roanoke, 1009 Old Country Club Road, N W. Roanoke, Virginia 24017 ' ' Mr. Wilburn C. Dibting, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Warren E. Trent, Manager, Emergency Services CITY OF ROANOKE INTRADEPARTMEiVI?AL COMMUNICATION'86 ,ll.;i,i 'Il ? ? :~ DATE: June 11, 1986 TO: FROM: SUBJECT: Mary F. Parker, City Clerk William X Parsons, Assistant City Attorney~/~ Lewis-Gale Hospital, Inc. - Application for a certificate of public convenience and necessity Section 5-20 of the Code of the City of Roanoke (1979), as amended, provides that Council may not issue a certificate to operate ambulances or vehicles for the transportation of han- dicapped persons if there are any unsatisfied judgments of record against the applicant. This is to advise that as of 9 a.m. on June 9, 1986, there are no unsatisfied judgments of record against Lewis-Gale Hospital, Inc. I suggest that this memorandum be placed in your file per- taining to the application. CC: Wilburn C. Dibling, Jr. George C. Snead, Jr. Warren Trent Parthenon Insurance Company P.O. Box 550 Nashville, TN 37202 Hospital 'Corporation of America and Lewz~Gale Hospital P.O. Box 550 Nashvilte~ TN 37202 IIl~illllilil~ll II tllliilJ LE [Ef: ~Parthenon Insurance Company LE rEF Continental I~:surance Company PCHL-010 1-1-86 1-i.-87 1-1- 1-] -$7 AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS (PRIV PASS ) AUTOS O[HEB THAN ALL OWNED (PRIV PASS ) HIBEO AUTOS NON OWNED AUTOS GARAGE LIABILITy 5-!3-86 aRB3352274 ~, 000, Off)() 3,000,000 F L ~Q00,000 OTHER -~Or~ -- -- ' DESCRIPTION OF OPERAT~ONS/LOCAT~ONSNE qCLES/SPEC~AL ITEMS 1~- n~' ' The insurance covered by this certificate shall not be cancelled or materia altered, except afte]' twenty days written notice to the City Manager. 11 -. ~~... !~ IIIIIII III I I ~11~111,1111111111 I ~1111,! ,llIIllI ~ty Manager ~~~xx~x~ City of Roanoke ~l · " ::, ,,,,, I lI llllllll III I lilllii ll Roanoke, Virginia June 9, 1986 The Honorable Mayo~8~ngI1,Gi%y Roanoke, Virginia '~-' Subject: Issuance of Certificate of Public Convenience and Necessity to Lewis Gale Hospital, Inc. Dear Members of Council: I. BACKGROUND Ao Certificate of Public Convenience and Necessity is a certificate issued by the City Council, licensing the operation of an ambuIance or vehicle for the transportation of handicapped persons within the City of Roanoke. No owner or operator of an ambulance or vehicle routinely or with regularity may transport patients or handicapped persons from within the City to other locations within the City, unless such owner or operator holds a valid Certi- ficate of Public Convenience and Necessity issued under the provision of the City Code (City Code Section 5 - 16). No certificate is required for an ambulance or vehicle for the transportation of handicapped persons or patients from outside the City into the City or from within the City to a location outside the City. August 1988, Lewis Gale Hospital, Inc. began operation of a patient transport service utilizing ambulances and a wheelchair van assigned to the Emergency Department of the Hospital. No certifi- cate was required to be issued by the City for such service. March 11, 1986, Lewis Gale Hospital, Inc. filed an application with the City for a Certificate of Public Convenience and Necessity in order to be licensed to transport patients from one location within the City to another location within the City. April 22, 1986, letters from City of Roanoke to solicit expressions of interest and concern re- garding Lewis Gale Hospital, Inc. application for Certificate of Public Convenience and Necessity were mailed to the hospital adminis- trators of Roanoke Memorial Hospital and The Honorable Mayor and City Council Lewis Gale Hospital, Inc. June 9, 1986 Page 2 II. Community Hospital of Roanoke Valley. No replies were received. April 22, 1986, questionnaires from the City of Roanoke mailed to United Ambulance Service, Inc. and Lewis Gale Hospital, Inc. to solicit infor- mation about their current patient transportation services. Questionnaires were returned complete with requested organizational information. Public hearing held on May 12, 1986 by City Council concerning Lewis Gale Hospital, Inc. application for a Certificate of Public Con- venience and Necessity. Summary of comments received are contained in II.D. below. CURRENT SITUATION United Ambulance Service, Inc. located at 215 Hershberger Road, N. W. holds a Certificate of Public Convenience and Necessity which was issued January 13, 1975 (Ordinance No. 22012). At the present time, no other owner or operator of an ambulance service holds a certificate. Monday, May 12, 1986, William H. Flannagan, President of Roanoke Hospital Association, which runs Roanoke Memorial Hospital, announced negotia- tions to buy United Ambulance Service, Inc. from Friendship Manor Nursing Home. According to Mr. Flannagan, a purchase agreement was anticipated in the next two or three weeks. C. Trends to contain rising health care costs have resulted in a reduced length of stay for patients in the hospital. Patients are now receiving more home care and are completing convalescence while at home. There has been an increase in the demand for transport services to return patients home after an admission to the hospital as well as provide transportation for continued specialized medical treatment once discharged from the hospital. D. Performance problems of United Ambulance Service identified during the public hearing by Lewis Gale Hospital, Inc. and three (3) nursing home facilities located within the Roanoke Valley: The Honorable Mayor and City Council Lewis Gale Hospital, Inc. June 9, 1986 Page 3 III. IV. 1. Untimely responses for patient transports. 2. Discourteous attendants and rough treatment of patients. 8. Frequent vehicle breakdowns resulting in delayed transports. 4. Incorrect vehicle utilization for patient transports. 5. Local health care demands have outgrown existing ambulance services. Current circumstances related to demand for ambulance service and transportation service for handicapped persons indicate a need for the City administration to review the City's regu- latory plan with a view toward possibly es- tablishing minimum standards so that any and all fully qualified organizations and entities desiring to provide such service in the City may do so. This approach would afford the users of the service a greater choice of quali- fied providers and may stimulate healthy competition which would benefit the consumer. ISSUES in order of consideration are: A. Statements made in the application; B. Adequacy of existing ambulance service; C. Financial responsibility, experience and character of the applicant; D. Public need for additional services; and, E. Ability of existing holders of certificates to provide any necessary additional services. ALTERNATIVES in order of consideration are: A. City Council issue Lewis Gale Hospital, Inc. a Certificate of Public Convenience and Necessity. The Honorable Mayor and City Council Lewis Gale Hospital, Inc. June 9, 1986 Page 4 IV. Statements made in application submitted by Lewis Gale Hospital, Inc· are complete and without discrepancies. Adequacy of existing ambulance service does not meet current patient load demands. Financial responsibility of Lewis Gale Hospital, an affiliate of Hospital Cor- poration of America, is excellent. Public need for additional ambulance services expressed by three (3) local nursing home facilities. 5. Ability of existing holder of Certificate to provide any necessary additional service is not anticipated according to a questionnaire responded to by United Ambulance Service, Inc. City Council deny Lewis Gale Hospital, Inc. a Certificate of Pubilc Convenience and Necessity. 1. Statements made in application were accurate and complete. 2. A__dequacy of existing services would continue to be insufficient. Financial responsiblity of Lewis Gale Hospital in unquestionably good. Public need for additional services would not by fulfilled. 5. Ability of existing holder to provide necessary additional services is not possible. RECOMMENDATION That City Council issue Lewis Gale Hospital. Ina. a Certificate of Public Convenience and Necessity (Alternative "A" above). This recommendation will better serve the patient transportation service needs and expectations of the community. The Honorable Mayor and City Council Lewis Gale Hospital, Inc. June 9, 1986 Page 5 BJ City Council authorize the City Manager to review the City's current regulatory plan to determine whether some degree of de- regulation would be beneficial to the citizens. Respectfully submitted, W. Robert Herbert City Manager WRH/PSW/r CC: City Attorney Director of Finance Director, Administration and Public Safety Manager, Emergency Services 703-989-8585 UNITE.D S 215 HERSHBERGER ROAD, N.W. ROANOKE, VIRGINIA 24012 24-HourService June 9, 1986 The Honorable Mayor City Council and City Manager 215 Church Avenue, S.W. Roanoke, Virginia 24011 Subject: Ambulance Service, City of Roanoke Dear Members of Council and Mr. Herbert: The following information together with attachments describe United Ambulance Service's response to the Public Hearing on May 12, 1986 and City Manager's June 9, 1986 report to Council regarding application for a Certificate of Public Convenience by Lewis Gale Hospital. In short, the City Manager's report is accurate insofar as background and issues are concerned, but it is inaccurate concerning alternatives in view of the present situation. Its recommendation is based on false statements concerning United Ambulance Service. United Ambulance Service has received criticism in recent weeks. The City Manager's report is accurate in reporting what has been said, but provides no analysis, no explanation of those statements. Nor does it confirm the accuracy of those statements although given the report's conclusion, it would appear that Mr. Herbert's staff believes the statements to be true. Central to all comments is the issue of response time for an ambulance transport service. Consider that in the past 23 months United Ambulance Service has transported 28,575 persons and accumulates in excess of one million miles per year. This averages 1,242 transports per month, 41 per day. And this figure does not include any transports provided by the two buses in United's fleet. This is a considerable volume, exceeding that generated by all three City Rescue Squads. And it was accomplished at an annualized budget of under one million dollars. EMERGENCIES · TRANSPORTATION · WHEELCHAIR VAN · TAXI SERVICE United has been criticized for being late, and yes, United is sometimes late. But what is acceptable and what defines adequacy? If United was late 5% of the time, it would have been late 1400 times. Indeed, if United were only late 1% of the time it would still have made 286 people angry over the past two years. Why is lateness a problem? There are several reasons: Calls tend to concentrate during peak periods, requests for reservations sometimes provide insufficient lead time, vehicles may need maintenance or repair. Also, United has maintained a policy of "emergency takes precedent." When a unit is enroute to a transport an emergency call may result in rescheduling and thus delay for the transport. This is a policy which may change as the City seeks to solve the varied and significant problems it now experiences with its emergency ambulance service. The same response can be given for any of the complaints. Whenever a company handles the volume United handles, a very small complaint percentage can translate to many complaints. But for each and every complaint, there are many, many persons who receive service in a proper fashion. Complaints alone, especially those voiced in the context of licensing competition are not representative of the overall picture. One must consider the source and motivation of those who complain and the relative frequency in view of the numbers of persons provided service. The City Manager's report is inaccurate in one respect which is not entirely staff's fault. Although it is curious that the City requested "expressions of interest and concern" regarding an additional ambulance service from Memorial and Community Hospitals, it did not request such from United Ambulance or Friendship Manor. United was asked to respond to a questionnaire and this response was made. However, our response was made at a point in time while negotiations for the sale of United were underway. The Manager's report identifies the May 12th letter from Roanoke Memorial regarding the sale, but as it turns out the letter was premature, and United Ambulance has not and is not expected to be sold. This turn of events changes several responses in the questionnaire, and it is being resubmitted accordingly. The change in circumstances, and United's present direction are the basis of our greatest criticism of the City Manager's report. In Section IV.A. the report states the "ability of existing holder (United) of Certificate to provide any necessary additional service is not anticipated...,, The questionnaire does not support such a conclusion, but even if it did, present conditions have made this issue moot. United did not, and does not now anticipate "expanded service areas" because United now services the Valley with coverage throughout Virginia to adjacent States. Additional service within our service area matter entirely, and one in which the governing body has directed expansion. is another of United In Section IV.B. your staff has concluded that the "ability of existing holder to provide necessary additional service is not possible," that the "adequacy of existing services would continue to be insufficient" and that the "public need for additional services would not be fulfilled" if the instant certificate is not granted. United Ambulance Service violently objects to these statements. They are wrong and they are false. The staff of the City of Roanoke is in no position to advise City Council on whether or not United Ambulance can or will provide additional service. That is exclusively the decision of the governing body of United Ambulance Service and Friendship Manor's Board of Directors, who, since deciding to retain ownership of United has directed a change of the management and structure of United Ambulance, and has authorized and directed major investments of time and resources to that end. If City Council approves the instant Certificate on the basis of City Manager's report, it will have done so in error and with knowledge based on this testimony, that the report was erroneous. In fairness to all parties, Council should, at a minimum, refer the report back to the City Manager who should in turn direct a review of the change of circumstance regarding the ownership of United and ask his staff to obtain information about United Ambulance from United Ambulance Service. The inaccuracies cited above make it clear that this has not been done. Also, we ask Council to acknowledge the obvious fact that there are presently two ambulance services operating in Roanoke: United Ambulance and Lewis Gale Hospital. Ambulance ridership statistics overwhelmingly prove this point, and do so regardless of the issue of another certificate. This fact clearly indicates a rather dramatic change in the way service is provided to the citizens of Roanoke and underscores the need to solicit current, i.e., since April/May 1986, comments regarding the adequacy of existing service. Thank you. UNITED AMBULANCE SERVICE Stephe3h- Rice Roanoke Hospital Assoc tion Po B , 336, Roanoke, VA 24033 June 6, 1986 Mayor Noel C. Taylor 2460 Grandin Road Roanoke, VA 24015 Dear Mayor Taylor: On Monday, June 9, you will be reviewing the issue of private, non-emergency ambulance service in the City of Roanoke. First, you will be receiving Mr. Herbert's report on Lewis-Gale Hospital's request to operate an ambulance service in the City in competition with United Ambulance. Second, Mrs. Parker will report that Roanoke Memorial Services Corporation, a subsidiary of Roanoke Hospital Association, has applied for permission to operate an ambulance service in the City in competition with United Ambulance. You may recall that on May 12, 1986, our Association announced that we were negotiating with Friendship Manor for the purchase of United Ambulance. Since then, the negotiations proceeded as expected and a solid offer to purchase was made. After evaluating the offer, Friendship Manor informed us that they could not accept our offer. On June 3, 1986, Roanoke Memorial Services Corporation filed with the City Clerk an application for a Certificate of Public Convenience and Necessity to operate an ambulance service. This corporation is a taxable one and will be paying to the City taxes on vehicles and property as well as license fees. Since 1970, there has been only one ambulance service approved to operate in the City. The ordinance that went into effect that year was designed to weed out the marginal operators. In our letter to Mr. Herbert regarding our interest to purchase United Ambulance, we stated that our intentions were to evaluate the service and make the appropriate improvements to meet the needs of the City of Roanoke. Our experience in taking the Life-Guard of America program from a shaky existence in 1982 to a service that sets the pace in 1986 will be applied should we be granted a Certificate of Convenience and Necessity. For over 85 years the Roanoke Hospital Association (parent company for Roanoke Memorial Services Corporation) has served the citizens of Roanoke providing the highest quality at the most reasonable cost. In 1985 our Association contributed over $8,000,000 in free or uncompensated care to Roanoke residents. Our Association has operated the region's only Level I Trauma Olfi(e of the President Mayor Noel C. June 6, 1986 Page 2 Taylor Center, comprehensive Cancer Center, Neo-natal Intensive Care Unit, Open Heart Surgery Center, and the only system of clinics (41 in all) to care for the needs of the poor. If only one additional Certificate of Public Convenience and Necessity is to be granted, we would be pleased to take on this valuable service. We are a Roanoke-based institution and feel that we know the health care needs of its citizens better than anyone else. We look forward to having an opportunity to serve the ambulance transport needs of our City. Sincerely yours, William H. Flannagan, President Mary F. Parker City Clerk June 5, 1986 United Ambulance Service, Inc. 215 Hershberger Road, N. W. Roanoke, Virginia 24012 Mr. William B. Hopkins 416 South Jefferson Street Roanoke, Virginia 24011 Mr. Ernie Meier, Administrator Lewis-Gale HosPital, Inc. 1900 Electric ~oad Salem, Virginia 24153 Gentlemen: Mr. W. H. Flannagan, President Roanoke Hospital Association P. O. Box 13367 Roanoke, Virginia 24033 This is to advise you that the enclosed report is included on the aaenda of the Council of' the City of Roanoke for its meeting on Monday, June 9, 1986, ' said Council meeting to begin at 7:30 P.m., in the Council Chamber on the fourth floor of the Municipal Building. _ Sincerely, MFP:js Enc. Mary F. Parker, CMC City Clerk Mary F. Parker City Clerk June 5, 1986 Mr. Thomas A. Bradshaw Lewis-Gale Hospital, Inc. 1900 Electric Road Salem, Virqinia 24153 Gray's Ambulet Service 3719 Bear Road, S. E. Roanoke, Virginia 24014 Mr. C. E. Carter, Administrator South Roanoke Nursing Home 3823 Franklin Road, S. W. Roanoke, Virginia 24014 Dear Ms. Gregg and Gentlemen: Mr. Gary P. Gross, M.D. Lewis-Gale Clinic, Inc. 1802 Braeburn Drive Salem, Virginia 24153 Ms. Karen Gregc United Methodist Home of Roanoke 1009 Old Country Club Road, N. W. Roanoke, Virginia 24017 This is to advise you that the enclosed report is included on the aaenda of the Council of the City of Roanoke for its meeting on Honda¥, June 9, 1986, ' said Council meeting to begin at 7:30 p.m., in the Council Chamber on the fourth floor of the Municipal Building. _ Sincerely, MFP:js Enc. Mary F. Parker, CMC City Clerk Office o~ ~ City C]en~ May 15, 1986 File #235 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Monday, May 12, 1986, a public hearing was held on the request of Lewis-Gale Hospital, Inc., for a certificate of publ$c con- venience and necessity to operate ambulances and wheelchair vans in the City to provide transportation primarily for patients of the hospital. The following persons addressed Council regarding the matter: Mr. William B. Hopkins, Attorney; Mr. Thomas A. Bradshaw, repre- senting Lewis-Gale Hospital, Inc.; Mr. C. E. Carter, Administrator, South Roanoke Nursing Home; and Ms. Karen Gregg, Director of Nursing, United Methodist Home of Roanoke. If you would like to receive a transcript of their remarks please let me know. On motion, to you for matter. duly seconded and adopted, the remarks were referred consideration in connection with your study of the MFP:se Si ncerely, ~ Mary F. Parker, C~,1C City Clerk Room 456 Municipal Builcling 215 ~urch A'~enue, S.W Roanoke, Virginia 244D11 (703) 981-254! Mr. W. Robert Page 2 May 15, 1986 Herbert cc: Mr. Ernie Meier, Administrator, Lewis-Gale Hospital, Inc., 1900 Electric Road, Salem, Virginia 24153 United Ambulance Service, Inc., 215 Hershberger Road, N W. Roanoke, Virginia 24012 ' ' Gray'$ Ambulet Service, 3719 Bear Road, S E. Roanoke, Virginia 24014 ' ' Mr. William H. Flannagan, President, Roanoke Hospital Association, P. O. Box 13367, Roanoke, Virginia 24033 Mr. Gary P. Gross, M.D., President, Lewis-Gale Clinic, Inc., 1802 Braeburn Drive, Salem, Virginia 24153 Mr. William B. Hopkins, Attorney, 416 South Jefferson Street, Roanoke, Virginia 24011 Mr. Thomas A. Bradshaw, Lewis-Gale Hospital, Inc., 1900 Electric Road, Salem, Virginia 24153 Mr. C. E. Carter, Administrator, South Roanoke Nursing Home, 3823 Franklin Road, S. W., Roanoke, Virginia 24014 Ms. Karen Gregg, Director of Nursing, United Methodist Home of Roanoke, 1009 Old Country Club Road, N W. Roanoke, Virginia 24017 ' ' Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Warren E. Trent, Manager, Emergency Services Hospit Roanoke al Assock tion Po Box Roanoke, VA 24033 May 12, 11~86 ~? 1,! ~",'; W. Robert Herbert City Manager City of Roanoke Roanoke, Virginia Dear Mr. Herbert: As you begin to gather information for your report to City Council on the issue of a Certificate of Public Convenience for Lewis-Gale Hospital to operate an ambulance service in the City, we would like to share the following information with you. In late 1982, Roanoke Hospital Association, through its LifeGuard of America, Inc. subsidiary, entered into negotiations with Mr. Jess Wilson over the purchase of United Ambulance Company. Mr. Wilson owned both the ambulance service and a home health supply business and wanted to divest himself of the United operation. While looking into how united would fit into the Hospital Association, we were informed by Mr. Wilson in a letter dated April 21, 1983, that the company had been sold to" . . . another interested party." In the Spring of this year, knowing of our previous interest in the ambulance company, United's current owners, Friendship Manor, contacted our Association offices to see if there still was an interest in acquiring United. The Administration of the Roanoke Hospital Association answered that there definitely was some interest and initiated an updated study of how United would fit into the organization. Representatives from Roanoke Hospital Association and Friendship Manor/United began meeting in March to review operational and financial documents related to the proposed purchase of the United Ambulance company. After a thorough evaluation of nearly three years' worth of data, key members of the Association's Executive Committee were informed of the findings and have instructed the Hospital Association staff to proceed with the negotiations. Offk e o[ the President May 12, 1986 Page 2 Friendship Manor's Administration has been informed of the intent of the Roanoke Hospital Association to negotiate the purchase pending a preliminary review by the Board of Friendship Manor. The negotiations for the purchase will proceed and an agreement is anticipated. This process may take two to three weeks depending on the meeting schedules for both Boards. Should the sale go through as anticipated, the Roanoke Hospital Association is committed to a thorough service review and evaluation which will be used to fine-tune United Ambulance to meet community needs and expectations. The Hospital Association has been successful in a similar venture involving the LifeGuard of America service and plans to apply the same high standards to the ambulance company. The Roanoke Hospital Association has a long history of commitment to the health care needs of the Roanoke area. Our annual contribution of over $8,000,000 to care for the indigent whether they live in the City, County or surrounding areas, is a basic part of our Association's mission. We feel that United Ambulance will complement this mission and contiue to provide a valuable and needed service to Roanoke. We are pleased to let you know what our Association is doing to provide ambulance services to Roanoke. ~Sincerely, ~ Williarii,~ Fl~'nagan President /' LewIS-GALE CLINIC, 1802 BrAeBURN DRIVE, SALEM, VIRGINIA 24153 INC. May 9, 1986 H?~!' 12 TELEPHONE (703) 772-3400 Roanoke City Council City of Roanoke Municipal Building Roanoke, VA 24011 Roanoke City Council Members: The Lewis-Gale Clinic supports The Lewis-Gale Hospital ambulance application for Certificate of Convenience. We feel this will provide additional services to the people of Roanoke City. Thank you for your consideration of this service. Pres] en~r°ss' M.~. ~erwe~'sYi~ 1 e Clini~ GG/c Roanoke, Virginia May 12, 1986 The Honorable Mavor and City Council Subject: Application for Certificate of Public Convenience and Necessity filed by Lewis Gale Hospital, Inc. Dear Members of Council: I. BACKGROUND Certificate of Public Convenience and Necessity shall mean a certificate issued by the City Council, licensing the operation of an ambulance or vehicle for the transportation of handicapped persons within the City of Roanoke. No owner or operator of an ambulance or vehicle for the trans- portation of handicapped persons shall routinely or with regularity transport patients or handi- capped persons from within the City to other locations within the City, unless such owner or operator holds a valid Certificate of Public Convenience and Necessity issued under the pro- vision of the City Code (City Code Sections 5 - 16). Each application for a certificate must be accompanied by evidence of a public liability insurance policy. Such insurance policy is subject to the approval of the City Manager. Sections $ - 19 of the Code of the City of Roanoke provides that City Council consider the following factors in determining whether the public convenience and necessity require the operation of the ambulance or vehicle for the transportation of handicapped persons for which application for a certificate is made: (1) The statements made in the application; (2) The adequacy of existing ambulance service; (3) The financial responsibility, experience, and character of the applicant; (4) The public need for additional services; (S) The ability of existing holders of certificates to provide any necessary additional service; and, The Honorable Mayor and City Council Page 2 May 12, 1986 II. (6) Recommendations of the City Manager and any other factors pertinent to such determination (Ordinance No. 23458, Section 4, 1-24-77). March 11, 1986, Lewis Gale Hospital, Inc. filed an application with the City for a Certificate of Public Convenience and Necessity in order to be licensed to transport patients from one location within the City to another location within the City. CURRENT SITUATION United Ambulance Service, Inc. located at 215 Hershberger Road, N. W. holds a Certificate of Public Convenience and Necessity which was issued January 13, 1975 (Ordinance No. 22012). At the present time, no other owner or operator of an ambulance service holds a certificate. No certificate is required for an ambulance or vehicle for the transportation of handicapped persons or patients from outside the City into the City or from within the City to a location outside the City. Current efforts to contain rising costs of health care have resulted in a reduced length of stay of patients in the hospital. Patients are now re- ceiving more home care and are completing con- valescence while at home. There has been an increase in the demand for transport services to return patients home after an admission to the hospital as well as provide transportation for continued specialized medical treatments once discharged from the hospital. Preliminary findings on the conditions presented in ~ection I, C of this report: The Honorable Mayor and City Council Page 3 May 12, 1986 (1) (2) (3) Statements made in application submitted by Lewis Gale Hospital, Inc. are complete and there appears to be no discrepancies. ~dequacy of Existing Services - Complaints have been received through the Office of Emergency Services and from other sources indicating that there is a need for additional ambulance service. Financial Responsibility _ Lewis Gale ~ospital, Inc. is an affiliate of Hospital Corporation of America (HCA), one of the largest health care organizations in the country. The most recent annual report from HCA indicates stability and continued growth. (4) Public Need for Additional Services - There appears to be an increased demand for patient transport services beyond what is currently provided. (8) ~bility of Existing Holder to Provide Necessary Additional Services - According to a questionnaire responded to by United Ambulance Service, Inc., they do not antici- pate adding additional equipment or personnel to expand services within the next twelve months. (6) Recommendation of the City Manager - Study, report and recommendations are in the process of being developed. A public hearin~ has been scheduled for Monday, ~ay 12, 1986 on Lewis Gale Hospital, Inc. application for a Certificate of Public Convenience and Necessity. This public hearing will provide an opportunity for public comment on this issue. The Honorable Mayor and City Council Page 4 May 12, 1986 IV. RECOMMENDATION Refer public comments received during the public hearing of May 12, 1986 on Lewis Gale Hospital, Inc. application to the City Manager. B. A final report and recommendation be brought back to City Council on Monday, June 9, 1986. WRH/PSW/r CC: Respectfully submitted, W. Robert Herbert City Manager City Attorney City Clerk Director of Finance Director, Administration and Public Safety Manager, Office of Emergency Services Mr. Ernie Meier, Administrator Lewis-Gale Hospital, Inc. 1900 Electric Road Salem, Virginia 24153 Gray's Ambulet Service 3719 Bear Road, S. E. Roanoke, Virginia 24014 United Ambulanoe Service, Inc. P. O. Box 148 Roanoke, Virginia 24002 Gentlemen: reoort Monday, ~ay 12, 1986, 7:30 p.m., ~OANOKE TI4ES & WORLD-NEWS NUMBER - 5073701 PUBLISHER'S FEE - $56,16 '86 12 CITY OF ROANOKE C/C MARY F PARKER CITY CLERKS OFFICE ROOM /,56 MUNICIPAL BLDG ROANOKE VA 2z~01 1 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION [, (THE UNDERSIGNED) AN OFFICER OF TIMES-WORLD CORPORATION, WHICH COR- PORATION IS PUBLISHER OF THE ROANOKE TIMES ~ WORLD-NEWS, A DAILY NEWSPAPER PUBL)SHED IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED ~IOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 05/08/86 MORNING & EVENING WITNESS, THIS_~__9~lg86 DFF~EF'S SIGNATURF NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: BE NOTIFIED that a public hearing will be held before the Council of the City of Roanoke at its regular meeting on Monday, May 12, 1986, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, upon application of Lewis-Gale Hospital, Inc., for issuance of a certificate of public convenience and necessity to operate ambulances and vehicles for the transportation of handicapped persons within the City of Roanoke. All parties in interest and citizens may appear on the above date and be heard on the application. Given under my hand this 7th day of May, 1986. Mary F. Parker City Clerk Please publish in full once on Thursday, May 8, 1986, in The Roanoke Times & World News, Morning and Evening Editions. Please send publisher's affidavit & bill to: Mary F. Parker, City Clerk Room 456, Municipal Bldg. Roanoke, Virginia 24011 ~Y~lce c~ n~e ¢1~ O~ March 26, 1986 File #235 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a report of the City Attorney advising that Lewis-Gale Hospital, Inc., has filed an application for a certificate of public convenience and necessity with the City seeking permission to operate ambulances and wheelchair vans, to provide patient transportation primarily for patients of the hospital, which report was before the Council of the City of Roanoke at a regular meeting held on Monday, March 24, 1986. On motion, duly seconded and unanimously adopted, Council set a public hearing on the matter for Monday, May 12, 1986, at 7:30 p.m., and referred the application to you for study report and recommendation. , Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric o cc: Mr. Ernie Meier, Administrator, Lewis-Gale Hospital, Inc. 1900 Electric Road, Salem, Virginia 24153 ' United Ambulance Service, Inc., P. O. Box 148 Roanoke, Virginia 24002 Gray's Ambulet Service, 3719 Bear Road S E., Roanoke Virginia 24014 ' ' , Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Warren E. Trent, Emergency Services Coordinator Room 4~6 Munici~lBuildi~ 215 ~u~hA~n~,S,W. Roanoke,~inla2~lt (7~)981-2541 OFFICE OF THE CITY ATTORNEY WlL~U~N C. DiBLiNG. jR ~,6,~, MUNICIPAL BUILDING March 24, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mrs. Re: Application for certificate of public convenience and necessity. Bowles and Gentlemen: Lewis-Gale Hospital, Inc. has filed with the City an applica- tion for a certificate of public convenience and necessity. According to the application, the corporation seeks permission to operate ambulances and wheelchair vans to provide patient transportation primarily for patients of the hospital. The City Code requires that Council establish a time and place for public hearing on the application and further provides that the application may be referred to the City Manager for con- sideration and recommendation. See §5-19, Code of the City of Roanoke (1979), as amended. After holding the hearing, Council may grant the certificate if it finds that the public convenience and necessity require the proposed service. I will be pleased to respond to questions which members of Council may have about this matter. Sincerely, Wilburn C. Dibling, Jr. City Attorney WCDj/WXP:Ds cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION DATE: TO: FROM: SUBJECT: March 13, 1986 Mary F. Parker, City Clerk William X Parsons, Assistant City Attorney~ Application for certificate of public convenience and necessity Lewis-Gale Hospital, Inc. has forwarded to this Office a new application for a certificate of public convenience and necessity to operate ambulances and vehicles for the transportation of han- dicapped persons in and about the City. As you will recall, this corporation had filed an earlier application which was incomplete in several respects. Attached for filing among the officials records in your office is the application and accompanying documents. We will prepare a report £or Council advising that the application has been filed and setting forth the legal requirements for acting upon the application. Please feel free to contact me if you should have any questions about this matter. WXP:ps Attachment Application For Certificate of Public Convenience and Necessity Date March 6.1986 Name ' - le ital Inc. Address t ~ R ad S lem Vir inia 24153 Certified copy of Articles of Incorporation attached. No. of vehicles actaally by applicant on date and to be operated by certificate? 4 Yes ..X No owned and no. of vehicles actually operated of application, or no. of vehicles to be owned applicant in the event of the granting of a If applicant owns and/or operates ambulance vehicles or vehi- cles for the transportation of handicapped persons in areas or locations beyond the City of Roanoke or proposes to own and/or operate ambulance vehicles or vehicles for 'the transportati, on of handicapped persons in areas or locations beyond the limits of the City of Roanoke, then applicant shall advise in detail as to the assignment of all such vehicles owned or proposed to be Owned as to geographical areas of service. nd e]chair van will be o erated from Lewis-Gale Hos ital · ' ti nt tran ort rimaril for Lewis-Gale atients in the 1 . The v hicles will be assi ned to the Emer eric De artment t vi - 1 Hos ital. Make, type, year of manufacture, serial number for each ambulance or vehicle for the transportation of handicapped persons owned or operated, or, if known, proposed to be Owned or operated' by appli- cant for a certificate of public convenience and necessity. Ford Su ervan E350 19851FTHS34HoFHC28426 -- Ford XL Van 1985 ~] b]e at this time - vehicle has not been de] i vered Area to be served by applicant, types of service to be offered, and schedule of proposed rates and fees. Lewis-Gale Hospital transport service will operate primaril.¥ in the Roanoke .... Valle,y area~ occasionall~ transportin§ patients to and from surroundinq communities. The service offers BLS, ALS (non-emergenc~) and wheelchair ...transport to and from hospitals, nursin9 homes, physician offices, and the patient's residence. Current financial statement and statement of business experience of applicant is attached. Yes X No Evidence of public liability insurance policy written by an insur- ance company licensed and authorized to do business in this state, providing for the payment of any final judgment up to the sum o£ $1OO,OOO.OO for injury to or death of any one person, and up to the sum of $300,000.00 for injury to or death of more than o~e person in any accident, and for the payment of any final judgment up to the sum of $50,000.00 for damage to property, that may be rendered against the insured applicant for injury, death or damage caused by or arising out of the ~operation of any vehicle owned or operated by such applicant is attached, such insurance policy to be subject to the approval of the City Manager, and such policy of insurance to contain a clause obligating the company issuing the same to give twenty (20) days' notice in writin9 to the City Manager before can- cellation thereof. Yes X No Has notice of such application been given to all other persons bold- lng a certificate hereunder within five days from the filing of such application with the City Clerk? Yes X No STATE OF VIRGINIA ) ) CITY OF ROANOKE ) To-wit: This day personally appeared before me Susan G. Nichols , a Notary Public in and for the jurisdiction aforesaid, __Ernie Meier operator of --. Lewis-Hale Hospital, Inc. , owner and _, who first being duly sworn did depose and say that the matters herein- above set forth are true and correct to the best of his knowledge and belief. SUBSCRIBED AND SWORN to before me _, 19 ,F~ . this. Z' day of My commission expires: Lewis-Gale Hospital 1900 Electric R0a(~ Salem, Virginia 24153 TeL (703) 989-4261 March 10, 1986 United Ambulance Service, P 0 Box 148 Roanoke, Virginia - 24002 Inc. Dear Sir: Pursuant to Chapter 5, Roanoke City Code, notice is hereby given of Lewis-Gale Hospital's intent to file an application for a Certificate of Public Convenience and Necessity to operate an ambulance service in the City of Roanoke. Sincerely, Ernie Meier Administrator c/City Clerk's Office Ul~ ~, Hospital Corporation *n *ff,~,a,~ o~ ~ of America Lewis-Gale Hospital 1900 EJectric Road Salem, Virginia 24153 Tel. (703) 989-4261 March 10, 1986 Gray's Ambulet Service 3719 Bear Road, SE Roanoke, Virginia - 24014 Dear Sir: Pursuant to Chapter 5, Roanoke City Code, notice is hereby given of Lewis-Gale Hospital's intent to file an application for a Certificate of Public Convenience and Necessity to operate an ambulance service in the City of Roanoke. Sincerely, Ernie Meier Admin i strator c/City Clerk's Office U~, Hospital Corporation ~ ~""~" °~ ~'-~B~,~m~ of America PROC CER Parthenon Insurance Company P.O. Box 550 Nashville, TN 37202 Parthenon Insuranc(% Compel I]y INSURED Hospital Corporation of America and Lewis Gale Hospital P.O. Box 550 Nashville, TN 37202 CO!~PANY LE' TER B~ Continental !_n~s__ur~ar cc THISISTOCERTIFYTHATPOMCIESOFI~SURANCELiSTEDDELOWHAVE ;;EENISSUEDTOTHEINSUREDNAMEFJ,tFiOVEFOFi r NOTWITHSTANDING ANY REQUlREMEN~ TERM OR CONDITION OF ANY CO~ITRACT OR OTHER DOCUMENT WITN RESPECT Ti ~ BE ISSUED OR MAY PERTAIN, THE INSU; lANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT ~O A.L THE T!=. f~ TIONS OF SUCH POLICIES. FYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY COMPREHENSIVE FORM PCHL- 010 PREMISES/OPERATIONS UNDERGROUND EXP[OSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS C0N ~RACTUAL INDEPENDENT CONTRACTORS 8ROAD FORM PROPERTY DAMAG~ PERBONAL INJURY EXCESS LIABILITY UMBRELLA FORM OTHEP THAN UMBRELLA FORM WORKERS'COMPENSATION AND EMPLOYERS'LIABILITy OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEF ICLES/SPECIAL ITEMS Three Ford Vans SRB3352274 1-1-86 1-1-8, l-, 0 Ii) fl, 000 3 ,000,000 J City Manager City of Roanoke SHCqJLD ANY OF THE ABOVE DESCRIBED POLICIES BE C~ PIR,~TION DATE THEREOF, THE ISSUING COMP,N~ MAll_ 2 0 DAYS WRITTEN NOTICE TO TRE CERTIFICA~ LEF"r, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE N FME AGENTS OR REP 000 OFFICE OF THE CITy ATTORNEy March 17, 1986 Ernie Meier, Administrator Lewis-Gale Hospital 1900 Electric Road Salem, Virginia 24153 Dear Mr. Meier: Thank you for your letter of March 10, 1986, in which you enclosed your corporation's application for a certificate of public convenience and necessity. We have forwarded the applica- tion to the City Clerk. In the near future, City Council will schedule the required public hearing, and you will b~notified of the time and date by the City Clerk's Office. In reviewing the materials which you have ~resented, I note that the insurance certificate which you provided does not require prior notice of cancellation to be given to the City Manager. Specifically, the City Code provides that the insurance policy contain a clause obligating the company issuing the policy to give twenty (20) days notice in writing to the City Manager before cancellation thereof. (§5-18, Code of the City of Roanoke (1979), as amended) I am enclosing a copy of the certificate of insurance and request that we be provided with a certificate meeting this code requirement. Please feel free to contact me if you should have any questions about this matter. Sincerely, William X Parsons Assistant City Attorney cc:~ary F. Clark, F~closure City Clerk OFFICE OF THE CITY ATTORNEy December 12, 1985 Thomas A. Bradshaw Assistant Administrator Lewis Gale Hospital 1900 Electric Road Salem, Virginia 24153 Re: Application for certificate of public convenience and necessity Dear ~r. Bradshaw: This letter will follow up on our telephone conversation of December 9 in which we discussed the application requirements which must be met by persons or organizations seeking to provide ambulance service in the City. I believe that you already have a copy of the pertinent City Code provisions. For your convenience, I am attaching a copy of the applica- tion which Lewis Gale Hospital has filed. I am also including a blank application. Because the application must be sworn to, you may find it more convenient to file a new application. Otherwise, any supplemental information which is submitted should be given under oath. As agreed, the City Clerk's Office will hold the original application pending receipt of further documen- ration. As we discussed, the name provided on the application is "Lewis-Gale Hospital.,, The materials which were provided indi- cate that the cOrrect name of the organization is Lewis-Gale Hospital, Incorporated. The proper legal name of the applicant organization should be reflected in the amended application or supplemental Statement. We also request a copy of the applicant's current financial statement and statement of business experience be provided. The annual report of Hospital Corporation of America which was sub- mitted does not appear to contain this information. Each applicant is also required to give notice of the appli- cation to all other persons holding a certificate of convenience and public necessity. I am advised by the Clerk's Office that two other certificates have been granted. The names and addresses of these certificate holders are: United Ambulance Thomas Ao Bradshaw December 12, 1985 Page 2 Service, Inc., P O. Box 148, Roanoke, Virginia 24002 and Gray's Ambulet Service, 3719 Bear Road, S. E., Roanoke, Virginia 24014. Your organization should certify that such notice has been given. I also direct your attention to the provisions of $5-18 which require that the applicable certificate of insurance contain a non-cancellation clause unless the City Nanager has been given twenty (20) days' advanced written notice. The certificate which was provided does not contain This type of provision. As you are aware, we also will need a certified copy of the organization's Articles of Incorporation. Upon receipt of the necessary information, this matter will be placed on the agenda of City Council for the purpose of establishing a public hearing date. Your organization will be advised of the date selected. Thank you for your interest. I will be pleased to discuss this letter with you if you should have any questions. Sincerely, WXP:sm Attachments cc: Wilburn C. Dibling, Nary F. Parsons Assistant City Attorney Jr., City Attorney Parker, City Clerk Mary: The original application and related materials sre returned herewith. WXP Lewis-Gale Hospital t 900 Electric Road Salem, Virginia 24153 Tel. (703) 989-4261 November 27, 1985 City Clerk's Office Room 456 Municipal Building Roanoke, Virginia 24011 Dear Sir: Enclosed is Lewis-Gale Hospital's Application for Certi- ficate of Public Convenience and Nessity for your pro- cessing in accordance with the Code of the City of Roanoke. Lewis-Gale Hospital would like to operate an ambulance service within the City of Roanoke on a routine basis for the transport of non-emergency individuals requiring wheelchair or stretcher transportation assistance. The vehicles operate in accorda.nce with the licensing requirements established by the Virginia Department of Emergency Medical Services. Provided with the application are the required documents. The Certificate of Insurance reflects a combined personal injury and property damage of $1,000,000, exceeding the limits required by the City Code. Although not specified on the certificate, the City Manager will be notified at least twenty (20) days prior to any can- cellation of the policy. The Articles of Incorporation of Lewis-Gale Hospital do not represent a certified copy; however, a certified copy is being requested from the State Corporation Commission and will be provided should it be needed. The schedule of rates reflects the actual charges for the various patient transport services. The charges are derived from the Medicare usual, customary, and reason- able reimbursable service rates. It is Lewis-Gale Hospital Corporation City Clerk's Office November 27, 1985 Page 2 Hospital's policy to accept assignment for the patient transport charges and to file patients' insurance claims for them. Lewis-Gale Hospital is owned by Hospital Corporation of America, a publicly owned international healthcare company committed to the delivery of quality patient care. A copy of the 1984 Annual Report is enclosed, attesting to HCA's experience in the delivery of healthcare services and financial viability. Should you have any questions concerning the applica- tion, please contact Mr. Thomas A. Bradshaw, Assistant Administrator, at 989-4261, extension 100. Thank you for your consideration of our application. Sincerely, Ernie Meier Admin i strator msc Enclosures Application For Certificate of Public Convenience and Necessity Date December 2, 1985 Name Lewis-Gale Hospital Address 1900 Electric Road, Salem, Virginia 24153 Certified copy of Articles of Incorporation attached. Yes No No. of vehicles actually owned and no. of vehicles actually operated by applicant on date of application, or no. of vehicles to be Owned and to be operated by applicant in the event of the 9ranting of a certificate? 3 If applicant owns and/or operates ambulance vehicles or vehi- cles for the transportation of handicapped persons in areas or locations beyond the City of Roanoke or proposes to own and/or operate ambulance vehicles or vehicles for the transportation of handicapped persons in areas or locations beyond the limits of the City of Roanoke, then applicant shall advise in detail as to the assignment of all such vehicles owned or proposed to be Owned as to geographical areas of service. Ambulances and wheelchair van will be operated from Lewis-Gale _.Hospital providing patient transport primarily for Lewis-Gale patients in the Roanoke Valley. The vehicles will be assigned to the Emergency Department at Lewis-Gale Hospital. Make, type, vehicle for operated, cant for a Ford Ford year of manufacture, serial number for each ambulance or the transportation of handicapped persons OWned or or, if known, proposed to be Owned or operated by appli- certificate of public cOnvenience and necessity. XL Van 1985 IFTH534L7FHA87537 XL Van 1985~ IFTH34L4L4FHC22344 Ford Supervan E350 1985 Serial No. not available at th~s delivered Area to be served by applicant, types of service to be offered, and schedule of proposed rates and fees. Lewis~Gale Hospital transport service will operate primarily in the Roanoke Valley area, occasionally transporting patients to and from surrounding communities. The service offers basic life support (non-emergency) and wheelchair transport to and from * Current financial statement and statement of business experience of applicant is attached. Yes No Evidence of public liability insurance policy written by an insur- ance company licensed and authorized to do business in this state, providing for the payment of any final judoment up to the sum of $100,O00.00 for injury to or death of any one person, and up to the sum of $300,000.00 for injury to or death of more than one person in any accident, and for the payment of any final judgment up to the sum of $50,000.00 for damage to property, that may be rendered against the insured applicant for injury, death or damaoe caused by or ~risin9 out of the Operation of any vehicle owned or operated by such applicant is attached, such insurance policy to be subject to the approval of the City Manaoer, and such policy of insurance to contain a clause oblioatin9 the company issuin9 the same to give twenty (20) days' notice in writin9 to the City Manager before can- cellation thereof. Yes No Has notice of such application been given to all other persons hold- ing a certificate hereunder within five days from the filin9 of such application with the City Clerk? Yes No *hospitals, nursing homes, physician offices, and the patient's residence. STATE OF VIRGINIA ) ) CITY OF ROANOKE ) To-wit: This day personally appeared before ~, ________, a Notary Public in aforesaid, Ernie }~eier operator of ~- Lew~is_Gale Ho~--~tal first being duly sworn did depose and say above set forth are true-and correct and belief. me Susan C. Nichols and for the jurisdiction , owner and , who that the matters herein- the best of his knowledge SUBSCRIBED AND SWORN to before me this December --------______, 19 85 __2nd day of NOTA~ PUBLIC My commission expires: Lewis-Gale Hospital 1900 Electric Road Salem, Virginia 24153 TeL (703) 989-4261 PATIENT TRANSPORT SERVICE SCHEDULE OF RATES DESCRIPTION One way - stretcher Round trip stretcher One way - wheelchair Round trip - wheelchair One way - oxygen Round trip - oxygen Waiting time ( min.) Per mile transport* CHARGES $ 65.0O 130.00 45.00 90.00 15.00 30.00 20.00 2.00 per mile *Used for out-of-town transports 11/29/85 Hospital Corporation PATIENT ACCT NO PATIENT NAME / ADDRESS ! ZIP CODE CLOSEST LIVING RELATIVE NAME / ADDRESS / ZIP (;ODE EMPLOYER INFORMATION NAME / ADDRESS / ZIP CODE INSURANCE INFORMATION: NAME OF CARRIER TRANSPORT AUTHORIZATION ) authorize Lewis-Gale Hospital to release to my insurance companies and/or employer any information required for services provided I permit a copy of this authorization to be used in place of the original and request that payment of insurance benefits be assigned to Lewis-Gale Hospital I understand that I remain responsible to Lewis-Gale Hospital for any and all charges not met by the payment of the assignment above and for all charges should said pay- ment not be paid within 90 days after charges are submitted to the insurer I. EWI.~ i'~ALE NI:::)I!iF])ITAL -: ~ 1464 Parthenon Insurance Company P.O. Box 550 Nashville, TN 37202 ' '~ ~ContA. nent al Hospital Corporation of America and Lewis Gale Hospital P.O. Box 550 Nashville, TN 37202 {PRIV PASS ) SRB3352227 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER 1-1-85 DESCRIPTION OF OPERATIONS/LOCATtONS~ ICLES/SPECIAL ITEMS 2 Ford XL Vans 1985 1-]-86 11 -] 5-85 Company lEO Di0,00 0 Lewis Gale Hospital ATTN: Marlyn Akers THE (To be published in full News on Friday, February once in The World- 25, 1977.) NOTICE OF PUBLIC HEARING Bill to: City of Roanoke City lerk's Offi Roanoke, Virginia 24011 TO WHOM IT MAY CONCERN: BE NOTIFIED that a public hearing will be held before the Council of the City of Roanoke at its regular meeting, on March 14, 1977, at 7:30 o'clock p.m., in the Council Chambers in the Municipal Building in the City of Roanoke, upon application of ROBERT A. GRAY, T/A GRAY'S AMBULET SERVICE, for issuance of a certificate of public convenience and necessity to operate a certain ambulance service within the City of Roanoke. Ail parties in interest and citizens may appear and be heard on the application. City Clerk. FWRjr/J · ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION OF L E W LS-GA, LE,,HOSPXTA L, INCORPORATED Pursuant to Section 13.1-58 of the Code of Vlrlliatm, the Articles of Amendment to the Articles of Incorporation of Lewis-Gale Hospital, ~cor- ~rat~d, are hereby s~t forth as follows: (a) The ~e of t~e corporation Is Lewts~al~ Hospital, Incorpor- ated. (b) Th~ ammn~ent w~ch has b~en m~pt~d read~ thusly: Section D of ~e Articles of ~corporation as heretofore ~nded are ~u~her amended b~ ~tr~ns out ~e exis~nS Section D and s~stitutins in place ~ereof as follow~: The ~ ~o~t ~[ ~e c~pit~ etock o~ ~e Co~or~t~ ~h~ll be $~20,000 to bo ~vided tn~ IZO0 a~re~ of Class A votin~ Common Stock of a par valu~ of $100 ~r s~re ~d ~,000 shares of Claos B no~vot~ Preferred ~ck of a ~r valse ol$100 per ~are. Th~ de~is~t~ns, preferences, l~ltatto~, votet rights and relative ri~ht~ of ~ Class A Co--on ~ck and ot the C~s B Preferred $~ck are as follows: S~ctioa I. Holders of Claes B Preferred 5~ck (herein called "Preferred Stock") s~ll be entitled ~ r~ceive out ~ ~e i~ds of the corer- etlon l~gMli available ~erefor, aa and when dec.red b~ the Board of Dlr- by the Board o/Directors. Such dividends shall be declared and p~id or set apart/or payment before any dividends shall be declared or paid or set apar~/or palrment on any junior stock~ and such dividends shall be cumulative After all dividends which have accrued on the Preferred Stock to the next preceding dividend date sh~ll have been declared and paid or set apart /or payment and payment of the current next accruing dividend thereon shall have been provided/or, but not otherwise, the Board o/Directors may declare and pay dividends on Junior stock, according to the rights of the holds thereof respectively, payable in cash, stock, securities, or other property, out of the f~nds o/the Corporation lesally available there/or. Section H. Any holder of Class B non-voting Preferred Stock may, at any time alter a~((~)-ye~rs /rom the date of issue of the lirst issued shares ct said Class B non-vet/nit Pre/erred Stock md be/ore the end of seven (?) years /rom said date of issue (unless the shares held by him shall have been called/or previous redemption as herein provided), convert all or any number of such shares into sl~res o! Class A votlnl Common Stock of the corporation on a share.-/or-share basis, and on presentation and surrender to the corporation at its principal o/rice in Roanoke, Virgin/am ct the certi/icate or certificates /or the preferred stock so to be converted, the holder ol such stock shall, i/he so elects, be entitled to receive in exchanlle individual certi/icatss/or shares of the /ully paid and nonassessable Class A voting Common Stock of the corporation on the basis a/oresald, with a cash adjustment of dividends, all under suitable regulations to be provided by the t~oard o£ Directors of the Corporation. Section HI. The Preferred Stock shall be subject to call for redemp- 'S portion el ~e ~tnual dividend accrued thereon up to the redemption date and all unpaid dividends accrued thereon, It any. Such price may be paid in cash or property. In case less than all of the ]Preferred Stock at the t~e outstandin~[ ia to be called for redemption, the shares of stock to be redeems¢ shall be chosen by a majority of the Board of Directors, or by such method as may be chosen by a majority of the Board of Directors. Notice of any such call for redemption, statinlt the redemption date and the redemption price and the place of payment of the latter, shall be deposited in the mail, post~l~e prepaid, not less than thirty days prior to the redemption.date, addressed to each holder of record of Preferred Stock at his address as it appears upon the books of the Corporation. $~ction IV. In the event o5 liquidation or dissoltltion of the Corpor- ation, whether or not under the suparvision of any court, holders of the l~reforred Stock shall be entitled to receive out of the asset~ of the Corpora- tion available for distribution to its stockholders, whether from capital, surplus or earning~, payment equal to $100 for each ~har~ ttt~reof, plus, in either cnse, all unpaid dividends which shall have accrued thereon and an amount eq~l_~l to the current annual dividend accrutnl~ thereon to the liclnid- ation date, before any distribution of assets is made on Jttnlor stock, and hold ers of the l~re~erred Stock shall not be entitled to participate in any further distribution o5 assets. Ntol~e of such liquidation or dissolution, stating the liquidation da~e and the place where the liquidation pric~ t~ to ba paid, shall be deposited in the mall, postatte prepaid, not le~s than thirty days prior to the liquidation date, addressed to each holder of record o5 ahar~e of i~reterred StOck at tho time outstanding at hie address as it appears upon consolidation or merger with or into any subsidiary or any other corporation or orsard~tion) and the voluntary sale, exchanl~s or transfer of substaatially all of its ssa~ta (oth~r th~ ~ co~ction wl~ such a conaoliflation or mers~r). ~c~on V. Except as provided in 5~c~on VI h~r~of, holders of the Preferred a~ck shall have no ris~t ~ vote for ~c eleclio~ el Dlrector~ or for any o~er purpose or ~ ~Y o~r subject or to b~ represented at or to recaivo ~tice of any meetl~a of stocl~olders of ~e Cor~ratton. a~c~on VI. After ~ l~c~ of ~y s~ro el thc Pro[erred Stock, exce~ wi~ ~e ~nimous con~e~ of holdera of ~a Preferred Stock at ~ t~ outs~nd~s, ~lv~n tn writ~ o~ by vot~ at a mectin~ c~ilad ~d h~ld [or ~i~ put. se, th~ Cor~ra~n s~ ~t {a) authorize or issue any class el capl~ s~ck of ~y ty~ or ~nd, except the lsauanc~ of Common Stock u~n the conv~rsion of Preferred ~tock as here~ permitted, or except for ~e pu~sa of ref~d~s for~wl~B ~1, but ~t part, of ~ shares of Pr~fcrre~ 2~ck ~en o~st~flt~S, or (b) ~e~ ~e exis~g provisions o~ ~e Articles of ~co~rat~a ~ ~ Cor~ra~on rala~ to ~a Pr~orr~d S~ck ff such ~en~ent s~ chans~ or ~dv~rsely ~fect ~e rate of divid~nda, th~ re- d~p~on pric~s, and ~ ~t ~d priority of the pa~cnt la llq~tbn or ~s~olutloa of ~ on ~y s~r~s of Preferred Stock at ~at t~ out~t~ain~ ~ect~n VH. Except for ~e conversion privilo~aa h~reinb~lors r~erred ~ tu ~ec~n ~ hereof, no holder of Preferred S~ck shall have any ~sht, merely by virtue of be~ a ~lder o! Preferred' Stock, to purchase or s~scrlbe for shares of any cl~ss of capl~l stock el ~ Cor~rat~n now outs~ns or ~re~t~r ~ri~ed, or ~ pu~chaa~ or subscribe for ~y holders of l~referred Stock (except as otherwise by the Article~ of Incorpor- ation of the Corporation as from time to time amended or by law provided). Section VIII. The term "junior stock" as u-~ed in Sectiont I to VII inclusive, means the Common Stock of the Corporation and any other class of stock ranking Junior to the Freferred Stock, either in re~pec~ of the of di~dends or upon liquidation or ~ term "parity" stock as ~sed in ~ections I to VL inclusive,: means o~y ~he claes of ~tock ra~n~ on a parity w'ith the ~referred either in respect to ~h~ j~ayment of di~dends or ~pon liq~dation or dissol~i~ Sea,ion IX. S~bject to the Code of Virgins and other pro~ions the Articles of Incorporation, as amended, of ~he Corporation, votin~ powers s~ll ves~ exclusively in the holders of s~res of Common ~ockl ~he rights of the holders of s~res of Common S~ock to be paid dividends and rights on liq~dation of the Corporation s~ll be limited o~y by the Codc of Virgins and t~s Section D. {c) The da~e of ~he meetin~ of the Board of Directors at ~hich th~ amcndment ~as fo~d in the best interests of the corporation and directed to be s~bmitted to a~ vote at a meetin~ of stockholder~ ~as J~y 14, 1961. No~ice ~as ~iven on ~ay 10, 196~, and ~as accompanied by a copy of proposed article,~ o( amendment. Hotice wa~ given in the manner pro~ded in the Virgins Stock Corporatio~ Ac~ in that all of the a~ockholdera who attended the meetin~ are deemed to ~ve had timel~ and proger p~rs~nC to Section l~.l-Z7 of the Code of Virtinia, and the two atoc~olders ~ho ~d no~ attend have ~iven ~ri~en ~aiver of ~heir no~icc of the meeting, also p~rs~nt to Section 1~. l-Z7. The date of the adogtion of the amendment The number of shares outstanding is 1, 152 shares of common The shares of STATC. OF VIRGINIA CITY OF ROANOKE By To-wit: C, D. Nofsinger, President Paul Davis, Secretary Paul Davis, being first duly sworn, deposes and says that he is Secretary of the Lewis. Gale Hospital, Incorporated, and that tl~e facts set forth in the foregoing Articles of Amendment are true. Subscribed and sworn to before me this 29th da}, of May, 196Z. Affiant Notary Public id} stock, each share being entitled to vote on the amendment. no class were entitled to vote as a class. (e) Of the total number of shares outstanding, l, 0ZZ shares were present, either in person or by proxy, at the meeting, and 130 shares were absent. The total 1,022 shares voted unanimously for the amendment. (f) For each old share of common stock now issued there will be issued one new Class A common share and 2.6 Class B preferred shares. Executed this ZPth day of May, 1962, by Lewis-Gale Hospital, Incorporated, by its president and secretary. LEWIS,GALE HOSPITAL, INCORPOP, J~Tf D AGRKBMRI4T OF MERriER BETWKKN LKWIS-GALE HOSPITAL. INCO~TBD AND OMMIMED. INC. AfllIKBMKNT Or* mltG~lt dmmd thio ~ 4~y of Dec·droll, liT'/, by · nd between LilflS-GALE HOSPITAL, INCOP~TBD, · VIrlb eoqm, herein ediwi the Survivinf Coed·reft(m. mud (]giNBJBD, INC., · Viq'ini~ (A) Plan o( Merlp*H is ,*s lolJows: Lewis-Chi· Hospital will acquire Omni·ed. inc. The dire·tore ~ officer· of the S~lrvlving Cm*peratJO~l cm the e~e~lve ~ of ~ mr~Jr dimil eemdnon to be the direct·re mid offiosre of tim Surviving Co~. Upon the mer~er bo··mini efloctJ~, the oepemM ex4·tem~ of the Merging Corp~reiJon dudl mm end dl the p~epe~ty, dims, pi*tvi~, every kind and deseHti~ of the MetlM Coq)orSJmt shall be trmmferred to. vms·ed in find devolve upom the Surviving COHpO~ without ful'tber met or deed find ,il pr(q)erty, riKhtS. ·nd every miter interest of the Surviving Corporation omi the MerKinW Cm'l)OHMien shall be os effe~ivaly the property oi* the SurvivinK Corporeelml ~ they were of the Surviving Corporation Bnd the Merging CoFpor~tJ(~l respectively. I~aeh outstanding share of the Surviving Corpor tion shall remain outstandlnK. The outstandinK shares of Mer~n~ Corporattofl shall be caf~alod and no shares of SuFviv~nK Corporation ah·Il be imoued in ·xohaltfe tbelPo~Dr. The SurvivinK Corporation mid th· Mer~f Corporetio~ dodre to effe~ fl tax-free statutory mel*~er pursuall! to Se~loJJ 3~8(a)(I)(A) of Ill· (It) On November 28, J977, at a me·rinK or · m·Jority of the Board or Directors or Lewl#-Gale HeepitM. Ineo~o~ated m~d Omnimed. Inc.. ~AOFO was duly approved the Plan or Merger between Lewis-Gale Hoepltal. Incorpor- ated and Omnimed. Inc. On DeeembeF 10. 1977. at a me~lng orHeepflal Corporation or America. the ,sob stockholder or b~h lewis-Gab Hospital. Incorporated and Omnimed. Inc.. the Plan or Mer~er wH adopted aa approved by the Board or Directors for each oorporation. Notice for the meeting wu given on November 2B, I~'/7 in the manner provided fee by 8e4flion 13. i-Y0 of the Virginia Breck Corporation Act. Notice was am~ by · oopy or the Plan or MerKer. (C) Lewis-(~ate Jhmpital. incorporated and Omnimed. Inc. are both wholly- owned aubnidlarit~q or Hospital Corporation or America and each baa one ciasa or one thousnnd (1000) abates or stock issued and outstanding. (D) The sole stockholder or b~th oorporatioma. HeepRai Corpormion or America. voted atl ,]ne thousand (1040) shares clench em3)eeation for approval or the merger. This A~reemeet or Merger diail bet~me efJm~ve ~e J~ -4, ~70. 114 WITNBSS WHEREOF. the paflien hereto have ommed this Agreement or Merger to be executed by their reepe~tive dlleers thereunto duly authoriued off this 21ih dny of Decmuber. 197'/. LEWIS-GALE HOSPITAL, INCORPORATED rte E. Pnrker. I;~. Aaat. Secretary OMNIMED. INC. Parker. m. Aant. Seel~tal*y O)MMONW~ASTI! Or ¥11GINIA ~rA1~ COIFOBAll~ ~ AT RICHMOND! J~nuary 4, 1978 Tbs m~Y~ ~ta.a.~ h~v~ beeu d~ve~d to the ~me ~ C~ama~m ~ N~r~r of O~imed, inc. into he~ls-~le Hospital, Incorporated (both Va. corps. ) aid lite ~ ~ t.*md tl~t tl.~ ~.~k'h'~ ¢~.Idy with the ~ ~ t"w ...4 ~ .s ~ (~I)Y, HJ]) ~ ~ CEIIllFICA I'K OF ~-Ili;BCB~jl I~ il,~uL, d, ~ ~ ~ d, ~ wllh ~ IIH- ck.I. lib admtlld t. recmd ill I1~ ,~lk~. 4~ tbL. (~.~.mliui~m; add ~ la.is-Gale ltospital, Incorporated Virginia wib d. emp~. nm~ Lewis-Gale Hospital, Incozporated STATE (X}IIfO~TION COMMi~IOWA ~ Thc. toregoin~ certificat~ (including the accompanying articlel) hal be~n du]y recor~led in my office this ,_~d~daY Of~ md is now r.t:lrn,,d to the State Corporation Commission by certified AHTI¢:IoES O1.' I~l.~l)ll(:'l'lON 15¥ (~ANCELI~A'I'ION O1.' SIIARES I,EWIS-(;AI,I': IIOSPI'FAI., INCORPORATED AT IICHMOND. September 22, 1969 TI, e ,x~mnlumyin~ tittles Juvbtl~ bff# &livffd to die Stm G~ Gmmkdm ea kdtdi d Lewis-Gale Hospital, Incorporated and the Ceimlmba ha, iq tuend thai eb mflkke comply with the rNub~ts d JlW md dll dj I~ubed Jam lure b~u p~d, it :- ORI)ERED th3f *hi: CF. RTIFIGAT~ OF be bsued, and that thh order, t(~,~ther w~tb the aflJcJm, be ~J'-*'M to /~ord in die II~ 0f dM ChIKIbI~R; Mid mid tetlfktomu blqNmed bi' law. edS~ of lb cJ~& off tl~ Hustings Court, City of Roanoke STAI~ COItP(~ATION COMMISSIOI4 VIRGINIA: I#tl~Ckrk'~O~eeofftbe Ilus~ing8 Court, City of Roanoke dayof U.t~* , J.';'a~. and ~s now returfJed to die [~file CorpMllbde CMBfllbs~m ky d~'~[ I1~. ".. rw~jr/lb .,, AR*I'IC/,EL~ OF AMENDMENT 'FO TIlE AI{TI(;I,E,~ OF [NCORP()RA'I R)N OF I,F;WIS.(iAI,E IIO~PI'rAI,, INCORPORA I'ED Pursuant to bection Ii. 1-58 of the Code of Virginia, the Articles of Amendment to the Articles of Incorporation of Lewis-Gate Hospital, Incor- porated, · ~re hereby set forth as follows: (a) The name of the corporation is Lewis-Gale Hospital. Incor~or- ate(I. (D) CAPITAl, acre,, {7) year~ (rm~s ailid date of issue (unleaa the sl~area held by him uhall I portion o( the at]rltl~tl divid~'nd accrued ther,~un up to the redemption date all ttnj)a~d (iiv~(l~tl~ accrued the'reon, if any. ~uch price may be ~dtn · urplu, or earning8, ~yment equ~ ~ $100 for each ahare ~ereof. plul, liquidation date and the place where ~e li~i~tion price il to be ~d, ~ectio~ V. Ex*'ept as provided in Section VI hereof, holders of the ,~.~.tio~ ¥I. After the i~suance of any share of the Preferred Stock, the purpoa(, ol refundinK forthwith all, but not ~rt, o[ the shares of ~re~erred Stock ~en outs~ng, or (b) ~end ~e exilt~I provisions of~e Articlel of lncor~ration of the Cut.ration ~l~ing to the Preferred S~ck ~ such amen~ent shall ~-hange or ~dversely ~fect ~e rite of dividends, the demption prit es. ~d the anmunt and priority of the p~yment in liqui~t~n ~t.t tio~t VII. ~t ~pt for the conversion privileges hereinbefore right, merely by virtue of being aholder of Preferred~tock, to purchase · tion of th~ Cor~rett~ ~; fr~ tim to tim ~m~d ~ ~ b~ pro~d). ~tton VIII. Tb term '~or st~k~ &o u~d in bctluo incl~, means t~ C~m~ ~k ~ tb Co~ratl~ a~ any ~br class of ot~k ra~in~ jmo~ to t~ Preferred ~k. eitbr in reo~ct ~ tb ~yme~ ~ ~ndo or ~ li~tJ~ or T~ t~rm "~rity' etak aa u~d in bctl~o I to Yl. mas ~ly the cboe o~ ot~k f~nS m a ~flty with ~e Prebrred ~ock. eitbF in reo~ct to th .~ym~nt ~ ~ or ~ liqd~tJ~ or bct~on ~. Sub, ct to tb C~ of ViF~a ~d other pro, oils tb Articl(.o ~ inter,ration, as amen~d, of tho Cor~ratt~. votinf p~ero shll vest exclusively in the holders o~ s~res o~ Common Stock; tb on liq~tion o~ the ~or~ration shll b limited only ~ the C~ o( Vir~a and t~s Section D. ~ (~') The ~te of the meetin8 of the hrd of Directors at which the amendm~flt was fo~ in the ~ot interests of the co~ration 8nd ~rectod to ~ submitted to a vote at a meetin8 of 8toc~older8 win J~y 14, 1961. each ot~kholder of record NmJcc wan siren.s May 10. 1962~ andwas accom~ed ~ a copy ~ the proposed articles of amofldment. N~tce wa8 si~n Jn the ~r pro~d tn the VJr~a Stock Co~ti~ Act in tht all ~ tb stockholders who attended the meetinR are deemed to ~ve hd timely and ~-o~r n~ice purn~nt toSection 13.1-27 of the Co~ of VIFsi~a. and t~ two stockhol~r8 who did not attend have ~iv~n written waiver of thelF n~ice of the meetins, ·loo pufo~flt to Section ] ~]-~7. The ~te of the ado~ton of the amendme~ by the 8tockholdoro was ~y ~3, (d) The nur~ber uf ,hares outotandtn8 is l. lq2 shareo ~ comm~ ot~k. ~.d(rh ob r, bein~ entitled to ~, ~ the a~. Tbs o~reo ~ (.) ~ the t~al numar of shreo ~sMn~nl, i. 022 0Mtso ~ere pr~s~. ,ither in ~.rlM or ~ proxy, at the meet~i. ~ IM ohroo ~ere ab.~. The total I. 0Z2 s~re8 vm,d u~moualy for the amendment. (0 For ,ach old s~re of commm etak n~ ios~d there ~tll b Isocal ~ ne~ Qass A comm~ s~re ~ 2.6 CAss B prebrred o~reo. ~cuted ~s ~h ~y ~ ~y. 196Z. ~ ~v~e b~tal. lncor~rated, by its president and oecfe~fy. ~a~ ~s. Secretary STATE OF VIRGLNIA ) ) To-wit: CITY OF ROAN(~(E ) i:)a~l Davis. being first duly sworn, deposes and says that he is ~c~:re~tary of thc LewibGal~ Hospital. Incorporated, and that the facts set forth in the fort~goiflS Articles of Amendment are true. Affiant Subscribed and sworn to before me this 29th day of May, 1962. AT IIICllMOIqD. VIRGINIA: In the ( .'k-rk's Olfre d Deputy eats 5. Oale which was de~ln~ to have its f~uetb~ . ,~ ,.~ ~.f~eP set ~t, ex~t~ ~SI its ~d ~y ~aw ~ou~ its ~8~do~o a~l ~ seals atteat~ ~ ~to ~e~t~s a~ sets out~ ~at tJm~e sas Oallod ~ ~ pas~d ~8o1~ "The maxim~, amotmt oF the capital st(>c,~ of' the oo~po~atiot, is to ~ to b. ~vld~ into mlm~o of the ~ val~ of 10o.00 ~flch, ~(~ th~ mi~ am~t o~' the to be divlC~:d iht<, ll~ ~~ the ~ the aQld '~a~ of l~lp.eto~s t~u~on at un~ held on ti,,~ ;,Otb day si' January. 190~. tn acco~anee with thc I'~'ovl=:ions ,~r the Seetion 15700 or the C~le of II. at 1 o~cloc;; p. m,,at the office of the coapany In place and obj~eta ~r the ~otin~s a special ~oti~g of tho stockhol~h, va si' tho so.portion wa~ bela at the the company In the City of Hoanoke. Va.. at whivh ~etlma all of said ~ held £avo~ of the the ~eope~o OI/EN unde~ ~y hand this ~ day of January, 1926e COMMONWF. ALTH OF VIF GIIq[ ' DBPARTMBNT OP* THB STATE GOBPOBATION OOaflfl~SlOM ~ b msedaeee ugh hv.~r ......... -W. mmrbr Om mind er tb a~.pomtiom, attmed b~ ..... LeeJ, ooOa3.o t'r,-ptt&l. 0 Ztaoorporatod. las essssibd ~ tho rqdmm~ of hr. and b ' ;i-fadh in d atqdlu~t. Tberdeee, it b oedmaJ that tim Me~ the baad b mum b amc,dad nmi alte~d in b mnnnw and foe tim Im~Mem mt f~ b. mddemtMj~ joMi m intuit am if the mahl a~at~n were rev Imedn trmu~rJbed In f'u~, Immmmat to ilo COIIIf(}Ifl~BAI,TH OIP VIRGINIA: In tim CITY OJ' RId3HMQND. Ibo_...~.__~ ........... day o~.~._~ ........ lithe. The JSs~ nmendmeut to tlld ehu ter ~ ................ . Leu~.. m-0e.to HOmptt&l,, vAu thJa dm~ ~0eelved &nd dub, t~-.eor~d In thb odBee and la heruby em,t~bd t~ tb d~ork ~ I ....... ........ VIRGINIA: The fore~olnw charter amondment and cert~ o~ tha 8eml~y thb day re~ived, duly r~corded and certllbd ~ t~m ~ of Ute ~tate (:} "-- JOL~,-'D ~ TPa~ iT-, ?,:9 Te~ry i :orpcr~tien a~ Mid ~ t~ tl~ ~rd place .... ?I i~ ~i ~aolulion of ti~ gc~t of Dlreot~l, ..... ~,, yr,.xy ~r~ wllwe t notice "-: '' ':~.~tl~ ~",i c.u.,ent.-. ~ tl;e ~ldin~ thereof, polos, ~oz~ed to ~ u~nt uae met ~ at ~ ~o;?led~ ~ deeds, to .~ ~rporati~ ~la~l~ of ~ ~r ~t~ t~on 3t~'~ ~cr~lZlcn Co~,lssl~ ~ of Gew[1 & I{, .~, Oale (k) Tho prXnoXpL1, ofrbe ia Ro~olce t'he purpoeem for whiob it Xo fo~e~ are %o^malutal~, equip and operate one or Bore boeptta~e for ~he Mrao%l~thefoXa~__ o~* mdio*~nem and m~rgory an~ For %he oare of ~Ae miairm and %he purpome of od~oaY, ing an~ ~ruA~l~g n~reee. (4) The nexis,Am aaoun% ef ~he ea~ltA1 o~oo~ ia %e ~e (~) Oiven ~nde~- ma- bando %)Lto fO~b ~ er iai*MB an ~o~ o~ ~,~ ~oneraX Aeoed)Xr oF VJ, r*I:XALto UI~ ~ OF Itl¢!HJ~IO,~D the foregoing is a true copy of all documents constituting as of this date the charter of LEWIS-GALE HOSPITAL, INCORPORATED . Nothing more is hereby certified. November ,,~ 85 CITY OF ROANOKE I NTKADE PARTMENTAL COMMUN I CAT I ON '86 ,!ih !0 DATE: June 9, 1986 TO: FROM: SUBJECt: Mary F. Parker, City Clerk William X Parsons, Assistant City Attorney~)~ Roanoke Memorial Services Corporation - Application Certificate of Public Convenience and Necessity for As you will recall, Roanoke Memorial Services Corporation, an affiliate of Roanoke Hospital Association, has filed an applica- tion for a certificate of public convenience and necessity to operate ambulances and vehicles for the transportation of han- dicapped persons within the City of Roanoke. You forwarded the applicant's letter and application to this Office last week. I understand that the City Manager will be preparing a brief report to advise Council that the application has been filed and to suggest a procedure for dealing with the matter. The report is supposed to be on the June 23 agenda. I have made copies of the materials which you provided and am returning the originals for your files. Attachment Application For Certificate of Public Convenience and Necessity Date June 3, 1986 Name ___~Roanoke Hospital Association - affiliate, Roanoke Memorial Services Address 213 South Jefferson Street, Roanoke, VA 24006 Certified copy of Articles of Incorporation attached. Yes X No No. of vehicles actually Owned and no. of vehicles actually operated by applicant on date of application, or no. of vehicles to be owned and to be o~erated by applicant in the event of the granting of a certificate. 5 owned?4 proposed If applicant Owns and/or operates ambulance vehicles or vehi- cles for the transportation of handicapped persons in areas or locations beyond the City of Roanoke or proposes to own and/or operate ambulance vehicles or vehicles for the transportat}on of handicapped persons in areas or locations beyond the limits of the City of Roanoke, then applicant shall advise in detail as to the assignment of all such vehicles owned or proposed to be Owned as to geographical areas of service. Ail vehicles will be located on Hospital Association property in the City of Roanoke. A permanent location for Roanoke Memorial Services Corporation will be established should a Certificate be granted. Make, type, year of manufacture, serial number for each ambulance or vehicle for the transportation of handicapped persons owned or operated, or, if known, proposed to be owned or operated by appli- cant for a certificate of public convenience and necessity. Ford Type II 1984 1FDJS34LOEHA62506 Ambulance Dodge Multi-Passenger Van w/wheelchair lift 1980 B35KTAX146123 Chevrolet Type I 1977 CCS337B120330 Ambulance Area to be served by applicant, types of service to be offered, and schedule of proposed rates and fees. Roanoke City - within city limits Ro_____anoke City to Roanoke County, Vinton, Botetourt County, Franklin County, City of Salem Ba__~sic transport fee estimated to be $65 for ambulance. Will be less for wheelchair transport an more or a vance 1 e suppor ranspo rt. Current financial statement and statement of business experience of applicant is attached. Yes X No Evidence of public liability insurance policy written by an insur- ance company licensed and authorized to do business in this state, providing for the payment of any final judgment up to the sum of $100,000.00 for injury to or death of any one person, and up to the sum of $300,000.00 for injury to or death of more than one person in any accident, and for the payment of any final judgment up to the sum of $50,000.00 for damage to property, that may be rendered against the insured applicant for injury, death or damage caused by or arising out of the .Operation of any vehicle owned or operated by such applicant is attached, such insurance policy to be subject to the approval of the City ~anager, and such policy of insurance to contain a clause obligating the company issuing the same to give twenty (20) days' notice in writing to the City Manager before can- cellation thereof. Yes X No ~ See attached letter Has notice of such application been given to all other persons hold- ing a certificate hereunder within five days from the filing of such application with the City Clerk? Yes X No ¸7. STATE OF VIRGINIA CITY OF ROANOKE To-wit: This day personally appeared before me C ~ aforesaid, ~ ~L,~a~, N ' · '' ~ -'~ ~' %a~,, P,,~lzc zn a.n~d for he j. urisdiction fir .... ~'.a ~.~2/ ~ ( ~/? s~ ne~ng duly sworn did depose and say~at the mat ..... ' ~ho above set forth are true and correct %o Lhe best of his knowledge and belief. SUBSCRIBED AND SWORN to before me this .~ , 19_~__~. day of NOTARY PUBLIC My commission expires: Roanoke Hospital Association Roarlok,v, June 3, 1986 Mrs. Mary Parker City Clerk Municipal Building Roanoke, VA 24011 Dear Mrs. Parker: Enclosed you will find our application for a Certificate of Public Convenience and Necessity to operate an ambulance service in the City of Roanoke. The company seeking the certificate is Roanoke Memorial Services Corporation, an affiliate of the Roanoke Hospital Associa- tion. Under separate cover, our attorneys will be providing your office with a certified copy of the Articles of Incorporation for Roanoke Memorial Services Corporation. We feel that our application has been completed with all the necessary data; however, should you need more information, please contact me. Enclosure CC: Briggs W. Andrews Woods, Rogers and Hazlegrove Lu c a'~A. Snipes .~ Senior Vice bre~iden_t_~ & B~OV(N ARTICLES OF INCORPORATION OF RMH COMPANY The undersignedr acting as incorporator of a corporation ~nder the Virginia Nonstock Corporation Act, adopts the following Articles of Incorporation for such corporation. FIRST: The name of the corporation shall be RMH 2OMPANY. SECOND: The principal purpose of this corporation which is organized and shall be operated exclusively for ~haritable, educational and scientific purposes, including, for such purposes, the making of distributions to organiza- tions that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code of 1954, or the corresponding provisions of any future United States Internal Revenue law) will be to coordinate and support delivery of quality health care services in Southwest Virginia through the overall coordination of activities of related entities i!and the overview of accreditation, licensure and ualit of i q Y care of related entities. In order to accomplish this iipurpose, it shall operate exclusively for the benefit of, to ~lperform the functions of, or to carry out the purposes of Roanoke Memorial Hospitals, an organization described in Section 509(a)(1) of the Internal Revenue Code of 1954; )rovided, however, that this corporation may be operated exclusively for the benefit of, perform the functions of, or ,carry out the purposes of another organization described in Sections 509(a)(1) or 509(a)(2) of the Internal Revenue Code ilof 1954 (or the corresponding provision of any future United ~States Internal Revenue law) to be substituted for Roanoke ,Hemorial Hospitals if Roanoke Memorial Hospitals shall lose ,:'its exempt status, be dissolved, or discontinue Operations. It shall have the power to transact any business designed to HAZLEGROVE, DICKINSON, REA~ SMELTZER, HART & BROWN ATTORNEYS AT LAW ROANOKE, VA. - 2 - ~ccomplish such purpose and not prohibited by law or required to be stated herein, except that no substantial part of the activities of this corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation and this corporation shall not participate in, or intervene in (including the publishing or distribution of statements) ~ny political campaign on behalf of any candidate for public ~ffice. Notwithstanding any other provision of these Articles, this corporation shall not carry on any other activities not permitted to be carried on (a) by a corpora- tion exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding )rovision of any future United States Internal Revenue law), ~r (b) by a corporation, contributions to which are deducti- 91e under Section 170(c)(2) under the Internal Revenue Code Df 1954 (or the corresponding provision of any future United States Internal Revenue law). THIRD: The corporation is to have no members. FOURTH: Directors shall be elected and vacancies, replacements and additions to the Board of Directors shall be filled and made from time to time solely by the Board of Directors. The directors shall be divided into three classes each class as nearly equal in number as possible. The initial directors shall likewise be divided into three classes and the terms of each class, as designated herein, shall extend until the next annual meeting, the second annual meeting and the ~hird annual meeting. All successor elected directors shall be elected for three-year terms. A director may be eligible for reelection to unlimited, successive or staggered terms as a director. FIFTH: The address of this corporation's initial ireglstered office is 213 South Jefferson Street, p. O. Box 1218, in the City of Roanoke, Virginia 24006, and its initial HAZLEG ROVE, DICKrN$ON, REA, SMELTZER, HART & BRIDWN ATTORNEYS AT LAW ROANOKE, VA. © m registered agent at that address is Briggs W. Andrews, who is a resident of Virginia and a member of the Virginia State Bar. SIXTH: The initial Board of Directors shall of thirteen directors, whose names, addresses and terms of office are as follows: be composed initial Name George B. Cartledge, Jr. George H. Fulton, Jr. William M. Meador Paul S. Stonesifer Rev. Noel C. Taylor William A. Dickinson William H. Flannagan Arthur Taubman John W. Hancock, Jr. Charles I. Lunsford, II Andrew D. Shapiro, M.D. Gordon C. Willis Robert W. Woody Address 3101 Somerset Street, S.W. Roanoke, Virginia 24014 5091 Crossbow Circle, S.W. Roanoke, Virginia 24014 1361Lakewood Drive, S.W. Roanoke, Virginia 24015 2631 South Jefferson Street Roanoke, Virginia 24014 2460 Grandin Road, S.W. Roanoke, Virginia 24015 2616 Stanley Avenue, S.E. Roanoke, Virglnla 24014 2532 South Jefferson Street Roanoke, Virginia 24014 2802 Stephenson Avenue, S.W. Roanoke, Virginia 24014 2801Avenham Avenue, S.W. Roanoke, Virginia 24014 161 27th Street, S.E. Roanoke, Virginia 24014 3205 Avenham Avenue, S.W. Roanoke, Virginia 24014 5103 Upland Game Road, S.W. Roanoke, Virginia 24014 2801 South Jefferson Street Roanoke, Virginia 24014 Term Expires 1982 1982 1982 1982 1982 1983 1983 1983 1984 1984 1984 1984 1984 SEVENTH: No part of the net earnings of this corpora- tion shall inure to the benefit of, or be distributable to, its Board of Directors, officers or other private persons, !except that this corporation shall be authorized and !iempowered to pay reasonable compensation for services HAZLEOROVE, DICKINSON, REA, SM ELT-ZER, HART & BROWN ATTORNEYS AT LAW ROANOKE, VA. - 4 - actually rendered and to make payments and distributions furtherance of the purpose set forth in paragraph SECOND hereof. in EIGHTH: Upon the dissolution of this corporation, the Board of Directors shall, after paying or making provision for the payment of all liabilities of this corporation, dispose of all of the assets of this corporation exclusively for the purpose of this corporation in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational, religious or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue law), ~as the Board of Directors shall determine. Any such assets not so disposed of 'shall be disposed of by order of a court !of proper jurisdict.ion to some one or more corporations, trust funds or foundations created and existing in the United States and organized and operated exclusively for such purposes or such organization or organizations as said court shall determine which are organized and operated exclusively for such purposes. NINTH: This corporation shall indemnify any person who ?is or was a director, officer, employee or agent of this c rpora~lon or who is or was serving at the request of this i!corporation as a director, officer, employee or agent of ianother corporation, partnership, joint venture, trust or iiother enterprise against expenses (including attorneys' !fees), judgments, fines and amounts paid in settlement imposed upon or asserted against them to the full extent as permitted by Section 13.1-205.1 of the Code of Virginia of 1950, as amended to date and as hereafter amended. If this corporation fails to so indemnify any such person entitled HAZLEGROVE~ DrCKINSON, REA, SMELTZER, HART & BROWN ATTORNEYS AT LAW ROANOKE. VA, - 5 - ~o indemnity hereunder, then such person shall have the Fight to sue for and recover from this corporation the full indemnity so permitted hereunder and the amounts reasonably ~xpended or incurred for attorneys' fees and other costs of enforcing such claim against this corporation. Dated this ;©~ day of ~.~r~.,~ , 1981. ~ ~,Incorpor ator STATE CORPORAT)ON CODI~4)SS)ON December IS, 1981 RMH Company ART!CI,ES OF AMFNDMENT OF THE ARTICLES OF INCORPORATION OF ROANOKI~ MEMORIAL SERVICES CORPORATION Pursuant to the provisions of Article 4 of the Virginia Stock Corporation Act, Roanoke Memorial Services Corporation submits the following Articles of Amendment to its Articles of Incorporation. (a) The name of the corporation is Roanoke Memorial Ser"ices Corporation. (b) The amendmeTt so adopted is as follows: RESOLVED that paragraph 4 of the Articles of Incorporation of the corporation be amended to read as follows: "' . The aggregate number of shares which the corporauion shall have the authcrity to issue and the par %alue per share are as follows: Par Value Class Number of Shares Per Share Com,lon 2,500 $100# (c} The corporation's Board of Directors, at its meeting duly held on August 2, lg82, unanimously adopted the foregoing amendment. (d; No shayes ~ave been issued by the ~orporation. Dated: ~ ' , 1982. ; ROANO~ MEMORIAL SERVICES CORPORATION '---" - President "~. and Secretary COM31ONW1LALTH OF VIRGINIA STATE CORPO~'FION COMMI.~SION AT RICHMOND, ~;ove(rber 10, 1982 The accompanying ar c e~ having ~ dellvet~l to the State Corporation Commi~on on behalf of Roanoke Memorial Services Corporation · nd the C~ami~ion having for'cd that th~ arliclm mmpi/' ~ the ~ of hw md that have b~ p~d, it ~ ORDERED that thi~ CERTIFI~TE OF ~EN~ENT ~ i~u~, ~d ~at thh order, t~ther ~th ~e a~ ~ a~ ~ r~rd in the ~ of ~ ~; that the cor~ration have the authoriw ~nferr~ on it by ~w ~ ~rd~ ~ ~ a~ ~bj~ and r~ttictiom imp~d by law. U~n the ~.pletion of ~u~ r~orda6~. ~ or&r ~d the a~d~ ~all ~ ~atd~ ~r ~r~ o~ of th, ,!~k of t~ Circ~t Co~t, City of Roanoke STATE CORPORATION COMMI~qiON Cor~mmm~v In the Clc. rk's Offico of the Circuit Cot~-c, C/ty of R ~o),:c, the forc,gohq] cwrtific:l~o (i~lcltidit~g the acctmp~ying arkicl~:;) has be~n duly recorded in ~/ office thi:; .... ~__ d, ty / ' ARTICLES OF INCORPORATION OF ROANOKE MEMORIAL SERVICES CORPORATION The undersigned hereby forms a stock corporation under ~the provisions of Chapter 1 of Title 13.1 of the Code of Virginia, and to that end sets forth the following: 1. The name of the corporation is ROANOKE MEMORIAL SERVICES CORPORATION. 2. The corporation is organized for the purpose Of maximxzing benefits from operations of subsidiary corpora- tions and to generate, through its subsidiaries, funds for contribution to Roanoke Hospitals Foundation for use in achieving its purpose of coordinating and supporting delivery of quality health care services in and around Roanoke, Virginia, and throughout Southwest Virginia. 3. In addition, the corporation shall have the power to enter into partnership and joint venture agreements with other corporations and individuals and also to carry on business of any character whatsoever that is not prohibited by law or required to be stated in these Articles. 4. The aggregate number of shares which the corpora- tion shall have the authority to issue and the par value per share are as follows: Class Common Number of Shares Par Value Per Share 250 $100 5. The post office address of the initial registered office of the corporation is 213 South Jefferson Street, ~.P.O. Box 1218, in the City of Roanoke, Virginia 24006, and ~its initial registered agent at that address is Briggs W. ~Andrews, who is a resident of Virginia and a member of the iVtrginia State Bar. - 2 - 6. The number of directors constituting the initial Board of Directors Is three and the names and addresses of the persons who are to serve as the initial directors are as follows; Name William H. Flannagan Thomas L. Robertson J. Randolph Edwards Address 2532 Jefferson Street Roanoke, Virginia 24014 704 Welton Avenue, S.W. Roanoke, Virginia 24015 1970 Greenwood Road, S.W. Roanoke, Virginia 24015 7. This corporation shall indemnify any person who is or was a director, officer, employee or agent of this · corporation or who is or was serving at the request of this corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise against expenses (including attorneys' fees), j. udgments, fines and amounts paid in settlement imposed upon or asserted against them to the full extent as permitted by Section 13.1-3.1 of the Code of Virginia of 1950, as amended to date and as hereafter amended. If this corporation fails to so indemnify any such person entitled .ito indemnity hereunder, then such person shall have the ~. right to sue for and recover from this corporation the full iindemnity so permitted hereunder and the amounts reasonably expended or incurred for attorneys' fees and other costs of enforcing such claim against this corporation. Dated this q~ day of 0~-.~¢~ 1981. In~rporator SCC 9 COM~IONw~kL'rzt OF VIRGINIA STATE CORPORATION COMMISSION AT RICHMOND, December 1S, 1981 The mccom, panying articles having been delivered to the State Corporation Commis*ien on bebell o! Roanoke ~femorial Services Corporation and the Commission having found that the articles compb, with the requlremen~ of law ~md thaT' all mlui~d fee~ have been paid, iT is ORDERED that this CERTIFICATE OF INCORPORATION be issued, and that thls order, together with the snlcles, be admitted to re~ord in the ol~ce of the Commission; and that the corporation have the authori~ conferred on iT b! law in accord~mce with the srticle~, subject to The condiTiora and restrictions imposed b~ law. Upon the completlon of s~ch recordation, thls order and the articles sbell be forwarded for recordstlon in the o~ce of the clerk of the Circuit Couri:, City of Roanoke STATE CORPORATION COMMISSION VIRGINIA: , In the Clerk's Office of the Circuit Court, City of Roanoke. the foregoing certificate (including the accompanying articles) has been duly recorded in my office this ~3~, day o~, ] ~- . PATSY TE~f~tMAN, CLERK B~ ~/~,~ ~. ~tt~A~.x.~ l~eputy Clerk ROANOKE HOSPITAL ASSOCIATION BUSINESS EXPERIENCE For over 85 years the Roanoke Hospital Association has provided for the health care needs of the citizens of Roanoke. Roanoke Memorial Hospitals is the cornerstone of the Association and provides the most comprehensive medical and surgical care in western Virginia. Through its not-for-profit mission, Roanoke Memorial contributes over $8,000,000 in free or uncompensated care to the citizens of the region each year. Schools of nursing, x-ray technology, medical technology, radiation therapy, and nuclear medicine provide the region with professional employees of the highest quality. Physician training programs attract over I25 young physicians to the area to study. Roanoke Memorial provides the operational base for a great many specialty services such as open heart surgery, cancer treatment, and the only Level I Trauma Center west of Charlottes- ville. The Hospital Association has successfully taken on a struggling Life-Guard of America service and has turned it into one of the nation's most respected medical emergency helicopter services. The above description covers only a handful of services provided by the Roanoke Hospital Association. Should the City Council approve a Certificate of Public Convenience for the Associa- tion to operate an ambulance service, it can be assured that the service will be operated with the goals of quality and cost in mind. Council can also be assured that the Roanoke Memorial ROANOKE HOSPITAL ASSOCIATION BUSINESS EXPERIENCE Page 2 Services Corporation and ethical manner. Services Corporation the state regulations the service. Roanoke Memorial and will be paying property, proceeds of the business. will operate the service in a professional If a Certificate is issued, Roanoke Memorial will operate the vehicle in compliance with (32.1-148 through 32.1-156) applicable to Services Corporation is a taxable subsidiary business, and other taxes on the P. O. Bo i CBP37 09 7/ 215 Chttrch Roanoke, VA 2/v0L ByL.. d The 6/3/86 ~r I1: (;Of~!HA, GE I?ich~].Jty 5 Casualty Co, of NY III I llll MI Il lilt il Iltl]lll Illlllllllllllll 6 ,' 1 / g/~ 6/1 / ~;7 PE!RSONAL INJURY $ 1,000 ~TATUTOF1Y {EACH ACCIDENT) (DISEASE-POLICY LIMIT) IIII IIIII IIIIIIIIII 4l ,I )VEI ~ S4'. I l[ ED I'C .ICIES BE CANCEl.LED BEFORE THE EX- YrFI 'EN Il '~IF;i 'O1H CERTIFICATE NC'LDER NAMED TO THE Chas. I,u~sfot"~ Son'~ f, As ec. and Frank B. Rall P. O. B~ ~571 R~noke, ~lnia 24010 Roa~e HOSp£tai Association, P. O. ~x 13367 Rom,~e, Virginia 24033 IIIII II IIIIIIlllll IJll[ J UNDEBGROUND ,AUTOMOBILE LIABILr'~ ANY AUTO ALL 3WNED AUTOS (PHI PAS!;) ALL OWNED AUTOS (PYV PA~iS ) tllJ]ll] II II II EKCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA F )RM WORKERS' COMPEN.<;I 'rio M AND EMPLOYERS' LIA~BIL 'rY OTHER ' l 613/86 ;r I I ~llllllllll fill ] ~' $ City of ~l~oamike 215 Clvarcb Ave., -~'~ ~oenoke, VA 2~O11 Illll Il IIIIHIll I l;ll]!)! !: il Il Roanoke Memorial Hospitals Bel[eview at Jefferson Street Roanoke, Virginia 240~g8{~ ,}?i'~ -~ t)'~ ...1"~ June 4, 1986 Mrs. Mary Parker, City Clerk Roanoke City Municipal Building 215 Church Avenue Roanoke, VA 24011 Dear Mrs. Parker: Enclosed you will find a Certificate of Insurance (public liability) for the ambulance service we propose to establish under our Roanoke Memorial Service Corporation subsidiary. Should you need further information, please contact me at 981-7751. Enclosure cc: William X. Parsons City Attorney's Office ~t Office of the Senior Vice President Cha.s. gu)~sford Sons & Assoc. A I,:Lv. o:f Frank B. Hall & Co.of Va. In( P. O. Box 2571 Roa~noke, Va., 24010 Roanoke Hospital Association & Roanoke Memorial Service Corporatlo~%~N D P 0 Box 13367 Roanoke, Va., 24033 {i-TER ~ 6/4/86 CO~IPANIES ~FFORI)IN(~ COVEI~AGE C~MPANY ~ The Virginia Insurance Reciprocal C2)MPANY THI,~; I,¢~ T 3 C-~RT IF! TS AT POLICIES OF INSURANCE LISTED BELOW HAYS BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO~ WI IHSTIkidl31N~; AhY F EQGIREMENT. TERM OR CONDITION OF ANY ~;ONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 'rills CERTIFICI,'FE MAY BE ISStJED OFI ~/A~' PEI~T~ iN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I.~ SUBJECT TO AL[ THE TERMS, EXCLUSIONS, ANr~ CONDI- Al L )WNE0 ~,UTDS ( pRt\F PASS 215 86 01/01/86 OZ/Ol/87 LIABILIT~ LIMITS IN THOUSANDS EACH aGGREGATE C~;CURRENCE PERSONAL INJURY 1,000 $ $ STATUTORY (EACH ACC DENT) {DiSEASE-POLICY LIMIT) DESCRIPTION OF OF:'ERATION~/LOCATIONSNEHICLES/SPECIAL ITEMS City of Raonoke Roanoke, Virginia SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE iSSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER¢~I~¢~)' THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KiND UPON THE COMPANY AUTHORIZED REPRESENTATIVE July 29~ 1986 File #1-62 Mr. Von W. Moody, III 3681Brymoor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Moody: I am attaching copy of Resolution No. 28269, electing and appointing you as Director of Real Estate Valuation for the City of Roanoke effective August 1, 1986, and providing for the terms and conditions of your employment as Director of Real Estate Valuation, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. I am also attaching an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to the undersi§ned. Sincerely, Mary F. Parker, CMC City C1 erk MFP:se Eric. cc: Mr. W. Robert Herbert, City Manager Mr. Joel M. Schlanger, Director of Finance Mr. Eric C. Turpin, Manager, Personnel Management Room456 MunlclpalBullcllng 215 C~urch Avenue. S.W. Roanoke, Vlrglnlo24011 (703)981-2..~.1 IN THE COUNCIL OF l~qE CITY OF ROANOKE, The 28th day of July, 1986. VIRGINIA, No. 28269. A RESOLUTION electing and appointing Von W. Moody, III, as Director of Real Estate Valuation for the City of Roanoke effective August 1, 1986, and providing for the terms and conditions of Mr. Moody's employment as Director of Real Estate Valuation. WHEREAS, the City Council desires to elect and appoint Von W. Moody, III, as Director of Real Estate Valuation for the City of Roanoke effective August 1, 1986; and WHEREAS, N~. 5~ody has agreed to accept election and appointment as Director of Real Estate Valuation; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Von W. Moody, III, is hereby elected and appointed as Direc- tor of Real Estate Valuation for the City of Roanoke effective August 1, 1986. 2. The annual salary of the Director of Real Estate Valuation shall be $42,600. 3. An annual salary increment of $1,800 payable on a bi-weekly basis shall be provided for the Director of Real Estate Valuation, an office which requires the incumbent to privately own or lease a motor vehicle routinely used in the course of conducting City business. 4. Pursuant to the terms and conditions of Ordinance No. 24839, adopted September 10, 1979, Ordinance No. 24915, adopted November 12, 1979, and §22.1-4, Code of the City of Roanoke (1979), as amended, the Director of Real Estate Valuation shall be authorized to participate in the International City Management Association Deferred Compensation Plan in lieu of participation in the City of Roanoke Pension Plan, and the Director of Finance shall be authorized to execute such docu- and take such actions as are required Estate Valuation in ments by the Director of Real plan. 5. shall be officers. to permit participation such deferred compensation All other terms and conditions of employment and benefits the same as for other similarly situated Council appointed 6. Mr. Moody shall make arrangements to taking the required oath of office as soon as qualify for office by practicable. ATTEST: City Clerk. O~ice c~ n~e O~y Oen~ August 1, 1986 File ~2~4-162 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28268, repealing Ordinance No. 26661, adopted August 22, 1983, which placed the Office of Real Estate Valuation under the temporary supervision of the Commissioner of Revenue; amending the Code of the City of Roanoke (1979), as amended, by enacting new §32-37, Appointment and term, and §32-37.1, General powers and assistants, the added sec- ~s relating to the position of the Office of Real Estate Valuation in the City government structure, appointment and term of the Director of Real Estate Valuation and general powers of the Director of Real Estate Valuation; 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, July 28, 1986. Sincerely, Mary F. Parker, CI.lC City C1 erk MFP:se Enco cc: Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Jerome S. Howard, Jr., Commissioner of Revenue Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Eric C. Turpin, Manager, Personnel Management Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Room 456 Municipal Building 215 Ohurch Avenue, S.W. Roanoke, Virginia 2401 t (703) 981-2541 Mr. W. Robert Page 2 July 30, 1986 Herbert cc: Mr. Donald S. Caldwell, Commonwealth's Attorney Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24dll The Honorable Jack B. Coulter, Chief J~dge, 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 Court 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 M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF I~3ANOKE, The 28th day of July, 1986. VIRGINIA, No. 28268. AN ORDINANCE repealing Ordinance No. 26661, adopted August 22, 1983, which placed the Office of Real Estate Valuation under the temporary supervision of the Commissioner of Revenue; amending the Code of the City of Roanoke (1979), as amended, by enacting new §32-37, Appoint- ment and sections tion in Director of Real Estate Valuation; tire date. relating to the position of the Office of Real the City government structure, appointment and of Real Estate Valuation and general powers of and providing for an emergency and an and §32-37.1, General powers and assistants, the added Estate Valua- term of the the Director effec- BE 1. Ordinance No. 26661, adopted August 2~, REPEALED. 2. The Code of the City of Roanoke (1979), and reordained by the addition of the following §32-37. Appointment and term. The Director of Real Estate Valuation shall be appointed by the Council for an indefinite term and shall hold office during the pleasure of the Council. He shall be chosen on the basis of his executive, administrative and technical qualifications. IT ORDAINED by the Council of the City of Roanoke as follows: 1983, is hereby as amended, is amended new sections: §32-37.1. General powers and assistants. The Director of Real Estate Valuation shall be the admini- strative head of the Office of Real Estate Valuation, and he shall be responsible to Council for the effective administra- tion of such Office. The Director shall have responsibility for the general management and control of the assessment of real estate for taxation, and, to assist him in performing his duties, he may appoint such assistants as may be neces- sary, within the limitation of the funds provided for the purpose by Council. 3. 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 on and after August 1, 1986. ATTEST: City Clerk. WILBURN C. DIBLING, JR. OFFICE: OF THE: CITY ATTORNE:Y 464 MUNICIPAL EIUILOING ROANOKE, VIRGINIA 24011 703-981-2431 July 28, 1986 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mrs. Re: Office~f Bowies and Gentlemen: Real Estate Valuation Mr. Musser, Chairman of the Personnel Committee of City Council, has requested that I prepare the attached resolution formalizing the appointment of Mr. Moody as Director of Real Estate Valuation and establishing the terms and conditions of his employment. Assuming City Council intends to restore the Office of Real Estate Valuation to its former independent status with the Director reporting to City Council, I have also prepared the attached ordinance. Council will recall that by Ordinance No. 26661, adopted August 22, 1983, the Office of Real Estate Valuation was placed under the supervision of the Commissioner of Revenue. The attached ordinance repeals Ordinance No. 26661 and restores to the City Code §§32-37 and 32-37.1 which re- late to the position of Director of Real Estate Valuation, appointment of this officer and duties and responsibility of the Director. Both the resolution appointing Mr. Moody and the ordinance restor- ing the Office of Real Estate Valuation to its former independent status are made effective August 1, 1986. I shall be pleased to answer any questions Council may have with respect to either of these measures. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, ,Jr. City Attorney WCDJr:fcf The Honorable Mayor and Members of City Council July 28, 1986 Page 2 Attachments CC: Von W. Moody, III W. Robert Herbert, City Manager The Honorable Jerome S. Howard, Mary F. Parker, City Clerk Jr., Commissioner of Revenue REMARKS OF ROY S. ABBOTT WITH REGARD TO A REPORT OF THE CITY ATTORNEY PERTAINING TO VON W. MOODY, III, AS DIRECTOR OF REAL ESTATE VALUATION Good afternoon. I want to thank Council for allowing me to speak today. First, I would like to say to Council, if you had a policy which made it clear that the officers you appointed to various positions would cooperate with but not meddle into the affairs of the other departments, you may not be in the position you are in today. Now, may I turn to the subject at hand. When I ask the question, what do you think of the appointment for City Assessor? People simply shake their heads in disbelief. They simply do not understand why. Let us re Jew the circumstances involved. According to the news media, Mr. Moody was involved in the unrest in the Assessor's Office in recent years, and was in the middle under pressure. Three years appoint him. At the urging of the controversy when ago, the Council voted of Mr. Trout, Mr. Howard Mr. McKenzie left six to one not to appointed him the deputy. He had a clandestine meeting with City management and since that time, has not communicated with the superior officer nor had any report to Council who employed him. But has been seen as a frequent visitor in City management offices reporting or simply as a friend. As a closer observer of City Council's actions, something else disturbs me more. Prior to his appointment, several members of Council stated publicly that they could not vote to appoint as the Assessor. The vote did not come out that way. question, was the vote in the backroom five to two; or Mr. Moody So, there's a for political I said to this not command this appoint- expediency was the vote changed outside? Two weeks ago Council that the keyword was "integrity;" that you did respect, you earned it. Now my friends, if you confirm ment you will have destroyed a long standing process of advertising positions to be filled. You confirm the statement in the news media by several members of Council that controversy is an asset and not a liability. You are sending a clear message to other city employees and the public in general that you not only condone participation controversy, but may reward them with the higher pay and a better position. You might have weaken the integrity of this Council and compounded the probabilty of cooperation among Council members in the future. Should you with a clear or unclear conscience approve this appointment, then may God save City of Roanoke. Amen. (2) "~IEPARTMrNT OF FINANCE CITY OF ROANOKE, VA. July 28, 1986 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Status of the Financial Condition of the City of Roanoke - Fiscal Year 1986 The economic challenges facing the City of Roanoke are increasing every day. They include the need for jobs, training the work force, educating the work force and combating the deteri- oration of facilities, neighborhoods, and infrastructures. The need to plan for our economic growth and to create a diversified economic base demands more and more attention as the traditional sources of employment and tax revenue disappear. Federal programs designed to help our City to cope with our problems are drying up. The loss of revenue sharing funds, the increasing loss of social program funding and special education programs will hurt. The need for our City to do more with less is becoming more acute every day. This past fiscal year was one of the most difficult to judge. With the dark clouds of the Gramm-Rudman bill hanging over our heads and an economy that is not sure where it is going, the ability to make well thought out decisions and well justified plans for the future becomes agonizing. Honorable Mayor and Members of City Council Page 2 July 28, 1986 But once again this past fiscal year's results demon- strate the responsible policy decisions that our City Council has made and the managerial ability that your administration has undertaken in performing its duties. We can look to our past with great pride in the accomplishments we have made and look to the future to the challenges ahead of us with the knowledge that our system to govern ourselves works. Our revenue estimate from all sources within the General Fund for fiscal year 1986 was $115,757,175, while actual collections were $115,900,340 for a +0.0012% difference. We are proud of our continuing record of successful revenue estimating during these periods of economic uncertainty. Percent Fiscal Budget Revenue Actual of Est. Year Estimate Collected Collected 1986 1985 1984 1983 1982 1981 1980 1979 $115,757175 108,932 645 101,078 296 93,036 248 90,477 757 89,195 401 84,798 168 79,145325 $115,900.340 108,816 426 103,170 691 95,031 100 91,253 175 89,124 125 84,051 017 78,886 285 100.12% 99.89% 102.12% 102.14% 100.85% 100.08% 99.12% 99.67% Attached for your review are the UNAUDITED financial statements for the fiscal year ended June 30, 1986. The figures are subject to change during the course of the current audit. Per the requirements established in Ordinance No. 26292, passed by City Council on December 6, 1982, setting up a Honorable Mayor and Members of City Council Page 3 July 28, 1986 Reserve for Capital Improvements and Capital Maintenance and Equipment Replacement, $1,405~586 has been designated, leaving no undesignated funds at year end. General Fund Statement of Revenues From all sources of revenue, the General Fund grew $7,083,914 or 6.52% over fiscal year 1985. Attachment I provides you with a numerical summary of the major categories of revenues and expenditures and the specific variances between actual (unaudited) and estimated. Following is a brief explanation of variances in major categories: General Property Taxes This category includes real estate, personal property tax, public service tax and penalties and interest. Out of a total $34,340,000 estimate, we collected $34,988,843, which was +1.89% over our estimate. Of this, the major increase was once again in personal property taxes of which we collected $466,147 more than our estimate or +5.38%. (Attachment II) The total collections were 8.66% more than FY85 compared to the two previous year's growth of 12.73% and 15.83% showing a slowing in the growth Honorable Mayor and Members Page 4 July 28, 1986 of City Council rate and reflection of the tax rate reduction. Real estate taxes collected were +$258,984 more than our estimate or 1.1%. Other Local Taxes This category measures the pulse of the economic activity of the City. Although we fell short of our estimate by $520,118 or 1.90%, the actual collections of $26,854,882 were 6.85% more than fiscal year 1985. Sales Tax This year collections were 12.56% greater than fiscal year 1985 compared to the previous year's growth of 9.43%. (Attachment III) However, the opening of Valley View Mall had brought greater expectations. This year was a year of the rollercoaster on which the consumer rode all year. As one can see from the sales tax chart, the consumers changed their minds on a monthly basis and no specific pattern ever developed. The fall of interest rates was good for the over all economic activity of the City of Roanoke. However, with the fall of interest rates the consumer's purchase of homes and automobiles has tied up a great portion of disposable income. This category will have to be mon- itored very closely during the upcoming year to see the effects of the economy on the consumer and its reflection on sales tax. Honorable Mayor and Members Page 5 July 28, 1986 of City Council Utility Tax A usually reliable and measurable source of local tax revenue gained a meager 2.55% over the previous fiscal year. This was a reflection of lower fuel costs but will bear constant review since this is the smallest gain over a previous fiscal year in the last five years -- even when this rate was being adjusted down- ward. (Attachment IV) Business and Occupational Licensea This category's estimate was right on target, however, we did collect less than we did in fiscal year 1985 due to the final adjustments in the rate schedules. The retail sales cate- gory rate was reduced by 20% and this category represents approxi- mately 40% of all collections. We hope this fee structure will now begin to show positive results in the future. Transient Room Tax We collected 16.5% more than fiscal 1985, which re- flects the opening of new facilities within the City of Roanoke. Admissions Tax Down 29.5% over the previous fiscal year, this category also reflects the consumer's disposable income figures. Honorable Mayor and Members of City Council Page 6 July 28, 1986 Ail other categories as listed on Attachment I were basically what we had expected with no major surprises and within what I feel are acceptable limits. These categories will be evaluated by my office to determine what effect, if any, actual collections will have on the estimated FY87 budget. Should any significant changes occur, they will be reported to you. Also, for your information, I have reviewed the School revenue cate- gories to show you that they were right on target. (Attachment I) Expenditures Total expenditures and encumbrances for FY86 were $117,270,332, which was 1.21% less than City Council had authorized. Attachment V provides you a listing of the ex- penditures by major category and also lists the unencumbered balances by major object codes. Enterprise Funds Our indepth analysis of each of our enterprise funds will be provided to you upon completion of our current audit. Each enterprise fund ended FY86 in a positive position as indi- cated on the June 30, 1986 monthly income statement. On Attachment VI is an analysis of the Capital Main- tenance and Equipment Replacement Reserve per Ordinance No. 26292. Its evaluation reveals that $808,366 would be available to the City administration and $597,220 to the School administration. Honorable Mayor and Members of City Council Page 7 July 28, 1986 I hope that this brief analysis provides you with an insight of a year gone by. Let me reiterate to you that the figures as related above are unaudited and subject to change. It is being released to you today for planning purposes only. The audited figures will be available in late September at which time I will report them to you so that you are able to take whatever actions you feel are in the best interest of our City. I want at this time to sincerely thank my staff for their expertise and many hours of hard work that so many times go unrecognized. If it was not for them, this information would not be available in such a timely manner. JMS:dp Attachments cc: Bob Herbert Richard Kelley Attachment I CITY OF ROANOKE, VIRGINIA GENERAL FUND REVENUES YEAR ENDED JUNE 30, 1986 (UNAUDITED) Category General Property Tax Other Local Taxes Permits, Fees & Licenses Fines & Forfeitures Revenue from use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Coy't. Charges for Current Services Miscellaneous Non-Revenue Receipts Total Revenue Estimate Actual Over (Under) % of . Estimate $ 34,340,000 $ 34,988,843 $ 648,843 1.89% 27,375,000 26,854,882 (520,118) (1.90) 430,000 389,262 (40,788) (9.47) 480,000 410,624 (69,376) (14.45) 1,298,100 1,197,686 (100,414) 41,589,570 42,006,768 417,198 4,148,275 3,907,261 (241,014) 3,153,895 3,129,047 (24,848) 608,676 637,246 28,570 2~333~659 2~378~721 45~062 $115~757t175 $ 143~165 $115~900)340 7.74) 1.00 5.81) .79) 4.69 1.93 .12% SCHOOL REVENUE ONLY Category Grants-in-Aid Commonwealth State Sales Tax (Adm.) Grants-in-Aid Federal Gov't. Other Revenue Total Estimate Actual Over (Under) % of ..Estimate $ 16,916,404 $ 16,701,926 $(214,478) (1.27)% 6,670,496 6,953,010 282,514 4.24 1,433,529 1,369,121 (64,408) (4.49) 1~582~840 1~515~675 (67~165) (4.24) $ 26m603~269 $(63,537) $ 26~539~732 ( .24)% D-12 Attachmen~ II 1o PERSONAL PROPERTY TAX REVENUE CITY OF ROANOKB, VIRG. n~'IA 9 6 4 3 1 0 = !C82 FYJ9~ F ,=-- P~OJECTED ~ TOT SALES TAX REVENUE (196 LOCAL CI~ OF RO~roi~ Attachment III OPTION) MONTH JULY AUGUST OCTOBEP JANUARY FEBRUAry MA~CH APRIL JUNE FY-1986 FY-lOB6 MONTHLY CUMULATIVE MONTHLY CUMULATIVE % 783,047 ?8 783,047 98 881,317 38 1,664,365 36 995,283 82 2,659,64918 817,488 32 3,477,197 50 878,420 66 4,355,558 16 361,09409 5,216,652.25 902,95719 6,119,609.44 767,550.35 6,087,159 79 917,836.40 7,805,046.19 ~54,740 15 8,6§9,786 34 344~139 Ol 9,503,975.35 995,500.21 10,499,475.56 I0,499,475 §6 FY-i°85 FY-lO85 MONTH MONTHLY CUMULATIVE 4.36% 4 36% 14.731 I 611 JULY 750,315.06 28 14% 15.88% AUGUST 768,I87.75 3.951 12.33% SEPTEMBE~ 776,7~3.84 10 57% 1237% OCTOBER 786,433.3§ I023% 12,01% NOVEMBE~ 794,4~7.67 -I0 90S 792% DECEMBER 781,17857 i9.g7% 9 13% JANUARY 1~013,4§1.14 46.63% 1251% FEBrUArY 640,205 76 I5.49% 1280S MA~CN 6~6,00§ 2! 3.25% 12.38% APRIL 740,108.05 I~.33% 12.56% MAY 779,83483 JUNE ~70,692.~0 9,327,59403 750,315.06 1,519.502 Bl 2,£95 226.65 3,081 66000 3,876 117 67 4,657 396.~4 5,670 747.38 6,310 953.14 6,436 958.35 7,677 066.40 8,45~ 901.23 9,3~7,594.03 MONTHLY CU~ULATIOE 36.92% 36.92% 6.60% I9.69% 10.69% 1649% 1996% 17.36% 7.40% 1~17% 3 08% 12.95% 13.07% 12.971 -6.36% 1~.6~% -428% 9 11~ I9.83% 9 ~5% 7.I0% 93E% I050% 9.43% FY-I?84 FY-198C MONTHLY CUM:JLATIUE ~Ot~TH FY-??83 MONTHLY CUmULaTIVE % % ~OhTHLY JULY t43,00~ 15 543,603 AUGUST 7~0,50! 7? 1,268,654 98 ~EPTE~OER 751,69~.o0 1,970,351.58 OCTO~E~ 655,506 39 2,625,917.91 ~OVEMOE~ 73",735 23 3,365,6~3.I4 OECEM6E~ 757,338.~1 ;,133,49I JANUARY 896,302.6~ 5,01~,793.77 FEBrUArY 6~3,723 ~6 5,703,517 03 H~ACH 633,96388 APRIL JSO,IB5 54 7,007,666 4~ !;AY 72B,:22 05 7,735,788.50 J~E 787,93~ Z3 3,523,7~0.58 -6 31% -6 311 JULY 584,933 30 16.~5% 5.30% AUOUST 51~,907 37 34.76% 14.191 SEPTEMBER 520,504.54 10 1~% 13.16% 9CTDSER 595,0'7 12 19.981 i4.59% NOVEMBE~ 416,52972 EO 26% I5.59% OECEMBE~ ~30,i82 I2 12 7~% ~5.07~ J~NUA~Y 7¢5~010 30 18.15% 15 49% FEO~U~Ry 578,67899 17.60% 15.65% NA~CH 556,677 73 12 55% 15.36% AP~iL 577,66~.74 E2.69% 16.01% MAY 593,48483 22.62% 16.59% JUNE 642,602 30 7,310,75836 FY-1963 MONTHLY CUMULATIVE CJMULATIUE I 584,933.80 4.55% 4.55t 1,204,341 I7 537% 4 97~ 1,725,445.71 -5.61% 1.54% 2,320,522 83 -1 55~ 3,937,052 55 19.25% 3 1~% 3,567,234.~7 17~6% 5.37~ 4,362,245 47 8 46% 5.72~ ~,940,924 4e -4.02% 4 65% 5,497,008.39 1040% 6,fi74,671.13 8.80% 5 53% 6,668,155.96 3.23% 5 22% 7,310,750.26 976% Attachment IV UTILITY TAX REVENUE MONTH SEP OCT FEB MAY FY86 MONTHLY §68,314.18 587,89868 595,98834 598,75701 506,0~759 ~13,99615 577,49690 ~53,175.8~ 689,938.97 607,48399 549,363.64 535,885.84 FY86 YTO MONTNL¥ % CUMULM?TUE :NC(DEC) NONTH FY85 MOMTMLY FYO5 YTO 568,314.18 -2.61% -261% JUL 1,156,212 80 358% 0.41% 1,7~8,301 64 346% 1.43% AUG SEP 8,350,958.65 444% 2.:m% A356,986,84 883% 2.19% NOV 3,370,938 39 0 ~5% 1.39% OEO 3,948,479.39 -8.43% I 23% dAN 4,601,655 11 897% 2.261 FEB 5,831,57808 -8.38% 1.69% NAR 5,839,008.07 7 65% 2.28% APR 6,388,370.71 3 80% 241% MaY 6,924,256.55 4 311 255% dUN 583,534.01 583,534.01 567,930 40 1,I51,46441 576,068.53 1,727 53294 573,3~I 69 8,30~ 854.63 495,003 38 8,7~5 858.01 512,?~3.56 3,308 56157 591,891 59 3,900 453.:6 599,401.26 4,499 854.48 644,913.61 5,144 76~ 03 5~4,37~.04 5,709 046.07 589,855.07 6,838 30114 513,723.33 6,75~ 024.47 6,758,0~4 47 MONTHLY % CUMULATIUE INCIOEC) IMCiOEC) 15.13% 879% 119I 455% 9 3.78% 7 9.77% 6.48% 796 6.45% 7 7~ -3.57% 6.07 758% 6.21 -018% 558 2.24% 164% 5 O0 MONTH dUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY dUb FY34 MONTMLY 506,831.41 588,045.54 55!,009.96 558,41906 450,943.87 481,498.76 556,018.69 6~:,688.94 599,7577~ 56~,981.8~ 517,673 B~ 505,443 6: &,430,835 86 FY84 YTD 506,831.41 1,088,876 95 1,579,886.91 8,138,305.97 8,583,049.84 3,064,742.60 3,680,755.29 4,~48,378 83 4,848,I35.97 5,407,117.79 5,984,79165 6,430,895.36 MONTHLY % CUMULATIUE INC(DEC) INC(DEC) MONTH 8.31% 831% dUL 6.01% 7.I3% AUg 8.05% 745% SEP 13.56% 8.97% OCT 4.95% 8.84% ~0~ 5.951 738% eEC 10.931 8.330 dAN 16.~4% 9 43% 9.9~% 949% FEB 7.96% 9.33% MAR 6 03% 9.04% AP~ 11.05% 9 19% MAY dUN FY83 MONTMLY FYB3 YTD MONTHLY % CUMULATIUE INC(OEC) INCfOEC) 467,948 46 467,948.46 -4.83% -483% 498,460.89 960,40875 -3.84% -433% 509,967.87 1,470,376.68 -0.95% -3.18 486,439 87 1,956,816.49 -0.81% -8.60 429,684.18 2,386,500.67 16.31% 0.34' 454,457 83 8,840,958.50 10.73% 187 501,839.53 3,348,19803 3.69% 8.13' 534,755 87 3,876,953.90 3.90% 236' ~45,504 39 4,42~,45829 10.58% 3.319 583,32927 4,945,787.56 14.18% 4.36? 488,084.5I 5,433,81~.07 993% 4.845 455,144 18 5,888,956.85 8.55% 5.18~ 5,888,956.85 Attachment V CITY OF ROANOKE, VIRGINIA GENERAL FUND EXPENDITURES AND ENCUMBRANCES YEAR ENDED JUNE 30, 1986 (UNAUDITED) Category ~ppropriation Encumbrances & Expenditures Unencumbered Unencumbered General GOvernment $ 6,396,128 $ 6,357,316 $ 38,812 .61% Judicial Administration 2,330,599 2,323,932 6,667 .29 Public Safety 20,221,355 20,180,287 41,068 .20 Public Works 16,454,526 16,351,212 103,314 .63 Health and Welfare 9,942,813 9,537,743 405,070 4.07 Education 48,293,728 47,609,487 684,241 1.42 Parks, Recreation & Cultural 2,828,825 2,757,607 71,218 2.52 Community Development 1,093,417 1,051,888 41,529 3.80 Non-Departmental 11t142~002 111100~860 411142 .37 ?18)703)393 $117)270f332 $1f433)061 Total 1.21% UNENCUMBERED BALANCES BY OBJECT CODE Object Code Personal Services Fringe Benefits (payroll accural $140,513) Contractual Services Materials and Supplies Utilities and Communications Travel and Education Maintenance Leases and Rentals Social Services Aid Internal Services GRTC Subsidy (unaudited) Recovered Costs Capital Outlay All Other Total City Administration Education Total Unencumbered Balance Amount $ 115,467 ( 91,799) 63,303 57,821 69,178 24,283 23,207 21,309 293,991 12,814 27,000 74,641 15,528 42~077 748,820 684~241 $1m433)061 D-12 Attachment VI CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT PER ORDINANCE NO. 26292 Total General Fund Budget FY1985~86 Deduct General Fund Debt Service Requirement Designated Capital Improvements & Equipment Replacement Actual Amount of Capital Equipment and Replacement Amount Remaining for City Administration FY1984-85 Amount to be Distributed FY1985-86 $118,703,393 10% 11,870,339 (7t772,305) $ 4~098~034 $ 1,438,905 _.( 33~319) $ 1)405~586 il) ANALYSIS OF CMERP JUNE 30, 1986 City Administration Revenues in excess of estimate Unexpended appropriation Increase in insurance reserve equity Decrease in revenue sharing equity School Administration Revenues short of estimate Unexpended appropriations Increase in Worker's Compensation Equity Total amount reserved for CMERP $ 206,702 748,820 250,000) 102a844 $ 808t366 $( 63,537) 684,241 _.( 23~#84) 597m220 $ 1)405~586 il) D-12 Attachment VII CITY OF ROANOKE, VIRGINIA ANALYSIS OF DENERAL FUND EQUITY JUNE 30, 1986 (UNAUDITED) June 30, 1985 Fund Equity: Worker's Compensation Revenue Sharing Insurance Reserve Capital Equipment & Replacement Undesignated Fiscal Year 1985-86 Revenues Fiscal Year 1985-86 Expenditures: Year-to-date Expenditures Total Encumbrances Deduct Purchase Orders over $50K Deduct Prior Year Encumbrances Deduct Inventory Encumbrances June 30, 1986 Total Fund Equity $ 1,432,056 83,991 649,549 200,000 1,547,481 $115,020,751 2,383,135 (1,147,670) ( 84,804) .,( ~8~750) $ 3,913,077 115,900,340 116)122~662 $ 3,690)755 ANALYSIS OF FUND EQUITY JUNE 30, 1986 Reserve for Encumbrances Worker's Compensation Revenue Sharing Insurance Reserve Capital Equipment and Replacement (1) Undesignated 1,147,670 107,475 546,705 450,000 1,438,905 Total $ 3t690~755 (1) Includes $33,319 of City administration share from FY1984-85 D-12 GENERAL FUND CONTINGENCY BALANCE AS OF JUNE 30, 1986 EMS Program Balance July 1, 1985 Emergency Services Animal Control Fire Suppression EMS Program SPCA Contract Overtime $ 163,140 (150,150) (10,200) ( 2~790) Supplemental Budgets Balance July 1, 1985 Various Personnel Lapse $ 100,000 (100~000) Insurance Claims Contingency: Transfer from Contingency Reserve Non-Departmental Non-Departmental Non-Departmental General Services City Attorney Transfer from General Services Clerk of Circuit Court General Services Street Paving General Services Settlement of Claims Settlement of Claims Settlement of Claims Insurance Claims Settlement )nsurance Account Claims Settlement Paving Insurance Premium $ 75,000 (S,O00) (5,000) (5,000) (42,913) 5,000) 51,000 69) 3,000) (60,000) (10,695) (10,677) FLSA Contingency: Transfer from Contingency Reserve Fire Suppression Overtime (26,843) Capital Replacement Contingency: Transfer from Health Department Recovered Costs Transfer from Debt Service Appropriations Signals and Alarms Transfer to Capital Fund Appropriation of Cost Allocation Budget & Systems Clerk of Circuit Court Director of Admin. & Public Safety Transfer to Capital Fund Street Paving Flood damage repair Storm Drain Repair Recovery Furniture Furniture Furniture Municipal North Paving 61,000 95,258 48,258) 37,000) 83,442 2,054) 5,000) 3,000) 16,000) (131~000) 388 I Contingency Reserve: Balance July 1, 1985 Citizens Services Committee Billings and Collections Juvenile Probation Mouse FLSA Contingency Insurance Claims Contingency Victim Witness Grant Roanoke Neighborhood Alliance Clerk of Circuit Court Fringe Benefits Police Patrol Clerk of Circuit Court City Clerk City Clerk City Clerk City Clerk City Clerk Finance Non-Departmental Personnel Commonwealth Attorney Commonwealth Attorney Grounds Naintenance Community Planning City Council City Clerk Finance Personnel Commonwealth's Attorney Commissioner of Revenue Clerk of Circuit Court Court Services General Services Street Paving City Attorney Transfer to Grant Fund Contingency Balance Funding for agencies Purchase of vehicles Rent Contingency Contingency Local Match Contribution Travel Hospitalization Insurance Emergency Lights Insurance Special Events City Manager Interviews Gratuities Service Pins Service Pins Partition Changes Disaster Aid Center Legal Fees Court Aids Court Aids Flood Cleanup Comprehensive Plan Gratuities Office Supplies Office Renovations Legal Fees Witness Expenses Equipment Maintenance Contracts Services Liability Claim Paving Professional Services Local Match $ 333,631 (7,750) (1,480) (2,100) (26,843) (75,000) ( 2,430) (8,000) ( 600) (84,000) 5,425) 500) 2,500) 3,400) 2,600) 3,003) 3,234) 2,600) 1,810) 5,000) 7OO) 600) 5,000) 5,000) 2,000) 1,800) 2,264) 5,000) 350) 2,604) 3,094) 500) 342) (12,000) (16,020) (19,850) 18t232 2 0 CITY OF ROANOKE WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDED JUNE 30, 1986 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Customer's Work Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Rents F]ood Damage Reimbursement Miscellaneous Bad Debt Collections Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Transfers to Other Funds Interest Expense Total Non-Operating Expenses 1986 $ 947,726 1,408,248 124,850 35,260 1,057,596 260,348 20~981 · 3~855~009 705,701 1,210,170 384,948 226)600 2~527,419 1,327,590 590t526 737,064 198,571 8,600 4,890 695 9)206 221~962 959,026 39,000 46~467 85~467 $ 873 559 1985 $ 893,754 1,375,985 124,139 60,074 738,593 390,516 51~897 3;63%958 665,946 1,463,437 343,948 167~240 2~640)571 994,387 578)251 416;136 293,445 5,028 30,001 3~781 332)255 748,391 55~867 55)867 $ 692 524 6 WATER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project S.W. Trunk Line (Phase #) New Services Hyd. Lines Unidentified Plant Replacement Flocculator Replacement Grandin Rd. 12 Tank Loop Fire Hydrants Grandin Road Tank Read Mountain Tank Land Portland - Ben Tie-in Boxley Hills Pump Crandin Ct/Hollins Water Tank Franklin Road Tank Land GC#1 Tank Painting FY85 Projects Deaign FY86 Project Design Crystal Spring Pump Houae Total Year to Date Expenditures $ 9,191 440,336 123,047 98,266 133 5,910 218 377 856 50,056 115,076 1,589 320 92,473 17,778 19~852 $ 975 478 CITY OF ROANOKE SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDED JUNE 30, 1986 Operating Revenue= Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Customer Services Sewage Charges - Botetourt County Interfund Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Administrative and Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Flood Damage Reimbursement Interest on Investments Miscellaneous Bad Debt Collections Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Transfers to Other Funds Interest Expense Total Non-Operating Expenses Net Income 1986 $3,740,868 968,052 218,491 810,617 80,720 31,031 . 11~942 5~861~721 1,185,193 3~067~887 %253~080 1,608,641 890~487 71%154 800,433 225,598 24,725 12m084 1~062,840 1,780,994 157t582 157~582 1985 $4,129,856 688,889 175,541 454,730 84,449 25,603 7)122 5;566~190 1,151,930 3~43%954 %588~884 977,306 78%464 192~842 294,304 20,236 %922 319~462 512,304 250,000 177t160 427;160 $ 85 144 8 SEWAGE TREATMENT FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Other Equipment Miscellaneous Construction Project STP Flood Relief Sewer Line Replacement Williamson Road East Sewer Project FY85 Project Design Garden City Sanitary Sewer Mud Lick Sewer - Land Purchasing Total Year to Date Expenditures $ 21,589 44,769 1,090,863 205 165,148 46,579 156,791 595 CITY OF ROANOKE REGIONAL AIRPORT FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDED JUNE 30, 1986 Operating Revenue: Landing Fees Building and Equipment Rentals Terminal Building Rentals Other Property Rentals Advertising Commissions Fuel and Oil Sales Commissions Miscellaneous Fees Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income rnterest on Investments Miscellaneous Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expense Interest Expense Net Income 1986 $ 320,870 177,353 179,215 28,134 20,946 1,354,146 22,841 32~628 2,136,133 372,717 11045:772 1~418t489 717,644 575~915 141~729 267,270 51500 272~770 414,499 108~897 1985 $ 317,153 139,715 185,901 27,585 21,186 1,168,889 22,017 30,609 1~913~055 333,310 1,023,243 1~356~553 556,502 575t357 ( 18,855) 260,101 260~101 241,246 26)446 21%800 REGIONAL AIRPORT FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Other Equipment Unidentified Construction Repaint R/W & T/W Markings Roof Repairs - Replacement Fencing New & Replacement Removal Fuel Farm Acquire Land/Noise Abatement AlP Project #01 Airport S-Year Capital Improvement Airport Master Plan Terminal Building Refurbishing Parking Lot Improvements Terminal Building Additions/Alterations Noise Protection & Soundproofing Terminal Alternate Electric Aviation Drive Widening Total Year to Date Expenditures $ 22,960 21,283 6,950 20,359 9,568 34,950 2,475 817,750 15,739 38,197 3,976 17~,879 85,171 505,881 3,9~3 37~761 ~1~801~842 11 CITY OF ROANOKE CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDED JUNE 30, 1986 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Total Operating Revenue Less: Operating Exp. Before Depreciation Administrative: Personal Services Utilities and Communications Administrative Expenses Promotional Expenses: Personal Services Services and Charges Total Operating Exp. Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Supplement from General Fund Interest on Investments Miscellaneous Total Non-Operating income Net Income (Loss) _( 1986 434,490 89,814 143,039 10,025 145,410 118~073 940~851 448,129 6,176 842,770 61,125 9)852 1~368m052 427,201) 859~652 786t853) 654,098 48,401 6)127 708~626 78t227) )985 $ 387,282 74,032 111,266 4,512 111,748 100,114 788)954 467,080 293,836 463,792 47,023 14~546 1~286~277 497,323) 309?923 807~246) 754,666 53,383 12~180 820~229 $ 12~983 CIVIC CENTER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Paving - Parking Lot Terrazzo Floor - Exhibit Hall Total Year to Date Expenditures $59,8~8 5~525 $65,373 13 C~TY OF ROANOKE INTERNAL SERVICE FUND INCOME STATEMENT FOR THE 12 MONTHS ENDED JUNE 30, 1986 Operating Revenue: Charges for Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating Income Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating income Flood Damage Reimbursement Transfer from Other Funds Supplement from General Fund Interest on investments Total Non-Operating income Less: Non-Operating Expenses Transfer to Other Funds Total Non-Operating Expenses Net Income 1986 $5,1 79.223 5,179.223 3,385,285 . 1~362~781 q,748~066 431,157 379~324 51~833 9,750 139,666 48~635 196,051 60~490 60~490 $$j101,822 $,101.822 3,202,862 1,201,221 4,404,083 697,739 379,628 318~111 250,000 100,000 24,557 37%557 $ 692 668 iNTERNAL SERVICE FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project City Information Systems - Other Equipment Management Services - Office Furniture & Equipment Utility Line Service - Office Equipment Utility Line Service - Vehicular Equipment Utility Line Service - Operational & Construction Equipment Utility Line Service - Construction of Structures Motor Vehicle Maintenance - Other Equipment Total Year to Date Expenditures $ 131,890 13,199 1,210 80,051 218,775 82,252 -- 6,380 $ 533 757 CITY OF ROANOKE, UIROINIA CITY TDEASUDED'S OFFICE GENERAL STATENENT OF ACCOUNTABILITY FO~ NONTH ENDED JUNE DO, 1986 TO THE DZRECTOD OF FINANCE: OENERAL STATEMENT OF ADCOUNTADZLITY OF THE CITY TREASUflER OF THE CITY OF DOANOKE, UIDCZNIA FOR THE FUNOS OF SAID CITY THE NONTH ENDED JUNE 30, 1986 FUND BALANCE AT RECEIPT5 DISDURSENENTS DALANEE AT HAY Dl, 1986 BALANCE AT JUNE 30, 1986 JUNE 80, 1985 CENEDAL $18,BD8,308.3I $9,381,749.38 118,870,089.96 $8,770,03767 $7,69~ 457.94 AIRPORT $3,D77,106.85 1640,136.77 S369,774.76 $4,347,468.86 $E,897 §3470 CZUIC CENTER $998,139.83 $96,147.34 $Z10,510.63 $983,775.95 $778 496.80 INTERNAL SEgDICE $941,957.88 S57T,33729 $463,467.20 $1,0D§,827.91 1865 71006 CAPITAL $16,685,404.98 $18,§13,436.8~ $6,488,857.34 $D3,769,984.46 110,613 437 70 DEBT SERDIEE $880,338.83 S§,408,497.80 S561,41459 $5,737,416.03 $5,784 83908 HATER $3,784,053.06 $338,782.63 6535,416.05 $2,581,358.64 $~,594 655.48 SEWAGE TREATMENT $3,15B,Z28.3D $794,675.79 S640,159.54 $3,306,&38.57 $2,955,177.45 PAYROLL $834,39943 $8,663,~58.06 $7,340,785.75 12,356,765.74 $1,995,951.46 PUBLIC ASSISTANCE $1,190.51 $379,5E8.13 $36D,65420 $15,058.43 $27,070.09 GRANT PROGRAMS $789,44§.5! $784,479.85 $1,097,087.64 1416,837.73 S478,718.93 FIFTH OIST CONSO~TIUN S189,001.39 $181,154.14 $Bll,8470§ $98,307.68 S203,476.66 TOTAL $49,331,460.63 $39,593,011.93 $36,695,003.50 $58,239,467.06 S36,8BI,510.89 I HEREBY CERTIFY THAT THE FORECOINC IS A TRUE 5TATEflENT DF NY ACCOUNTABILITY TO THE CITY OF ROANOKE, UIDOINZA, TOD THE FUNDS DF THE UARIOU5 ACCOUNT5 THEREOF FOR THE NONTH EMOINC JUNE 30, 1986 THAT 5AID FOREOOZNC: CASH IN HAND CASH IN OOHINION BANK $146,190.88 CASH [N COLONIAL ANERIEAN NATIONAL BANK CASH IN 50URAN BANk $2,3§4,881.50 CASH IN DANK OF UIRCINIA $194,015,67 CASH IN UNITED UIDOINIA BANK S417,029.64 UNITED STATES 5ECUDITIES-CONSOLIORTED ACCOUNT $806,638.57 CEDTIFICATE OF UEROSIT-CONSOLIOATEO ACCOUNT $8,300,00000 UNITED STATE5 5ECUDITIES-WATED FUND $33,000,000.00 CERTIFICATE OF OEPOSIT-UATED FUND UNITED STATES 5EEUDITIES-SEWAGE TDEATMENT FUND $8,400,00000 CERTIFICATE OF OEPOSIT-SEWAGE TREATNENT FUND UNITED STATES 5EDURITIE5-gDANT PDOGDAMS FUNO $3,500,000 O0 TOTAL DATE: JULY 9, 1986 ROANOKE CITY TREASURED 16 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 12 MONTHS ENDED JUNE 30~ 1986 REVENUE City's Contributions Investment Income Gain on Sale of investments Income from Bond Discount Amortization Other Income Total Revenue 198__~6 $ 5,365,789 4,677,643 4,673,599 91,462 11)179 $14,819~672 1 BS_~S $ 5,728,592 4,516,334 1,705,860 60,203 EX_~PENSES Pension Payments Commissions Active Service Death Benefit Expense from Bond Premium Amortization Insurance Expense Other Expense Total Expenses Net Income Year to Date $ 3,755,491 368,520 40,370 123,570 5,650 -- 143)253 #,436~854 $10,382~818 $ 3,343,843 316,266 35,553 56,445 3,882 __ 142~664 __3,898~653 $_$ 8,112~336 I7 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF JUNE 30, 1986 ASSETS Cash Investments (market value - 1986 $78,196,865 1985 $66,337,741) Due From Other Funds Accrued Investment Income Prepaid Expenaes Total Assets 1986 $ 189,546 66,805,566 179,257 756,030 10~830 $67~941)229 1985 $ 165,926 56,256,635 333,084 767,776 16~480 $57~539~901 LIABILITIES AND FUND BALANCE Accounts Payable Total Liabilities Fund Balance, July 1 Net Income Year to Date Fund Balance Total Liabilities and Fund Balance $ 122~796 122~796 57,435,615 10~382~818 67~818~433 $67~941;229 $ 10%286 104m286 ~9,323,279 8~112~336 57~435~615 ~,57:539~901 Office of the City July 31~ 1986 File #6'~1 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28275, amending and reor- daining certain sections of the 1986-87 Internal Service Appropriations, to provide for the reappropriation of certain funds into the current year ~udget in order that expenditures may be properly classified and liquidated, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. Sincerely, Mary F. Parker, C~IC City Clerk MFP:se Enc. cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 215 (~urch Avenue, S.W. Roanoke, Virginia 240t I (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 28275. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Internal Service 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 Internal Service Appropriations, be, and the same are hereby, amended and reor~ dained, to read as follows, in part: Appropriations City Information System (1-6) .................... $1,847,343 Materials Control (7) ' ' Management Services (~i''il]!i''iii!i!i!!i!i!~!]i~i 177,337 .... 343,479 Utility Line Services (9-15) ..... 2,563,068 Motor Vehicle Maintenance (16-22) .................. 1,644,043 (1) Admin. Supply (2) Expend. Equip. (3) Pub. & Subs. (4) Other Equip. (5) Fees for Prof. Serv. (6) Equip. Rental (7) Admin. Supply (8) Admin. Supply (9) Admin. Supply (10) Expend. Equip. (11) Maint. Equip. (12) Maint. Bldg. (13) Furn. & Equip. (14) Other Equip. (A006-050-1601-2030) $ 5,403 (A006-050-1601-2035) 167 (A006-050-1601-2040) 144 (A006-050-1601-9015) 110,863 (A006-050-1601-2010) 4,880 (A006-050-1601-3070) 3,350 (A006-050-1613-2030) 115 (A006-002-1617-2030) 2,371 (A006-056-2625-2030) 462 (A006-056-2625-2035) 1,218 (A006-056-2625-2048) 881 (A006-056-2625-2050) 65 (A006-056-2625-9005) 3,563 (A006-056-2625-9015) 177,667 (15 (16 (17 (18 (19 (20 (21 (22 Proj. Supplies (A006-056-2625-3005) $10,534 Water & Sewer (A006-052-2641-2026) 124 Furn. & Equip. (A006-052-2641-9005) 6,307 Admin. Supply (A006-052-2641-2030) 329 Expend. Equip. (A006-052-2641-2035) 149 Maint. Equip. (A006-052-2641-2048) 6,553 Other Equip. (A006-052-2641-9015) 2,800 Other Rental (A006-052-2641-3075) 897 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of ~he City Cle~ July 31~ 1986 File #6'0-192 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28274, amending and reor- daining certain sections of the 1986-87 Civic Center Fund Appropriation Ordinance, to provide for the reappropriation of certain funds into the current year budget in order that expen- ditures may be properly classified and liquidated, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. Sincerely, Hary F. Parker, CMC City Clerk MFP:se Eric , CC: Mr. W. Robert Herbert, City Manager Mr. WilDurn C. Dibling, Jr., City Attorney Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Bob E. Chapman, Manager, Civic Center and Room 456 Municil:~al Building 215 (Dqun:h Aver~ue, S.W. Roanoke, Vlrginlo 24011 (703) 98t-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 28274. WHEREAS, Government of exist. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Civic Center Fund Appropriation Ordinance, and providing for an emergency. 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 Civic Center Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Civic Center Operating (1-3) ....................... $1,813,321 Capital Projects (4) ............................. 157,764 (1) Fees for Prof. Services (2) Admin. Supply (3) Expend. Equip. (4) Seat Repl. (A005-050-2105-2010) $ 18,600 (A005-050-2105-2030) 725 (A005-050-2105-2035) 656 (A005-050-8621-9003) 157,764 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the Oty Clerk July 31; 1986 File # 6~0- 9 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28273, amending and reor- daining certain sections of the 1986-87 Airport Funo Appropriation Ordinance, to provide for the reappropriation of certain funds into the current year budget in order that expen- ditures may be properly classified and liquidated, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc . cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Robert C. Poole, Manager, Airport Room456 MunicipalBuildlng 215 C~urch Avenue, S.W. Roanoke, Vlrgtnla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 28273. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Airport 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 Airport Fund Appro- priation Ordinance be, and the same are hereby, amended and re- ordained, to read as follows, in part: Appropriations Airport - Operating (1-5) .......................... $1,515,733 Capital Outlay from Revenue (6) .................... 2,255,218 Capital Projects (7-23) ............................ 3,234,046 (1) Fees for Prof. Services (A004-056-4401-2010) $ 88 Admin. Supply (A004-056-4401-2030) 253 Expend. Equip.(A004-056-4401-2035) 1,193 Maint. Bldgs. (A004-056-4401-2050) 740 240 3,000 (2) (3) (4) (5) Maint. Equip. (6) Other Equip. (7) Overlay G.A. Ramp & T/W (8) Unidentified Const. (9) Repl. R/W Directional Signs (10) Roof Repairs (A004-056-4401-2048) (A004-056-4401-9015) (A004-056-8505-9084) 50,000 (A004-056-8505-9085) 1,215 (A004-056-8505-9086) 15,000 (A004-056-8505-9089) 33,086 (11) Fencing (A004-056-8505-9090) $ 4,019 (12) Acquire Land/Noise Abatement (A004-056-8550-9003) 79,545 (13) A.I.P. Project #1 (A004-056-8551-9003) 1 079 261 (14) Airport 5-Yr. Cap. ' ' Improvement (A004-056-8552-9003) 5 003 (15) Airport 5-Yr. Master ' Plan (A004-056~8553-9003) 2,875 (16) Terminal Bldg. Refurbishing (A004-056-8554-9003) 9,738 (17) Parking Lot Imprv. (A004~056-8555-9003) 41,625 (18) Terminal Bldg. Additions/Alter. (A004-056-8556-9003) 951,300 (19) Noise Protect & Soundproofing (A004-056-8557-9003) 323,471 (20) Airport Expansion (A004-056-8558-9003) 251,117 (21) Terminal Alternate Electric (A004-056-8559-9003) 6,165 (22) Aviation Drive Widening (A004-056-8660-9003) 153,626 (23) Auto Transfer Switch (A004-056-8661-9003) 45,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Office a~ the O~ O~ July 31; 1986 File #6~0-27 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28272, amending ~nd reor- daining certain sections of the 1986-87 Sewage Treatment FunO Appropriation Ordinance, to provide for the reappropriation of certain funds into the current year budget in order that expen- ditures may be properly classified and liquidated, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. Si ncerely, Mary F. Parker, CMC City Clerk MFP:se EFlC, cc: 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. Walker, Manager, Sewage Treatment Plant Room 456 Municipal Building 2t5 (D~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 28272. WHEREAS, Government of exist. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Sewage Treatment Fund Appropriation Ordinance, and pro- viding for an emergency. 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 Sewage Treatment Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Sewage Operating (1) ............................... $ Sewage Maintenance (2-5) ........................... Sewage Laboratory (6-8) ............................ Sewage Lateral Maintenance (9) ..................... Sewage Inventory Clearing (10) ..................... Capital Outlay from Revenue (11-12) ................ Capital Projects (13-23) ........................... 2,488,289 402,076 132,148 1,201,591 3,517 162,552 1,817,351 (1) Maint. Contracts (2) Expend. Equip. (3) Chemicals (4) Maint. Equip. (5) Maint. Bldg. (6) Admin. Supplies (7) Chemicals (8) Maint. of Infra- structures (9) Unidentified Const. (10) Inventory Purch. (A003-056-3150-2005) $522,829 (A003-056-3155-2035) 266 (A003-056-3155-2045) 673 (A003-056-3155-2048) 3,125 (A003-056-3155-2050) 5,659 (A003-056-3165-2030) 17 (A003-056-3165-2045) 658 (A003-056-3165-3055) 483 (A003-056-3170-9085) 1,591 (A003-056-3174-3006) 3,517 (11) Other Equip. (12) Const. Struc- tures (13) Wmsn. Road Line Repl. (14) S.T.P. Flood Relief (15) Vinton Con- nection Fac. (16) Wmsn. Road East Sewer Project (17) FY85 Project Design (18) Garden City Sanitary Sewer Repl. (A003-056-3175-9015 (A003-056-3175-9060 (A003-056-8407-9003 (A003-056-8409-9003 (A003-056-8411-9003 (A003-056-8413-9003) (A003-056-8414-9003) (A003-056-8415-9003 (A003-056-8418-9003) (A003-056-8420-9003) (A003-056-8421-9003) (19) Wmsn. Road West Sanitary Sewer (A003-056-8416-9003) 20) FY86 Project Design (A003-056-8417-9003) 21) Mud Lick Sewer Land Purchase 22) S.T.P. Land Acquisition (23) Cove Road Storm Drain $ 9,052 7,826 243,500 254,866 56,596 31,643 3,421 53,209 48,900 75,000 22,405 42,000 85,811 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Clerk July 31~ 1986 File #~0-468B ~r. Joel H. Schlanger Oirector of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28271, amending and reor- daining certain sections of the 1986-87 Water Fund Appropriation Ordinance, to provide for the reappropriation of certain funds into the current year budget in order that expenditures may be properly classified and liquidated, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting hel~ on Monday, July 28, 1986. Sincerely, ~lary F. Parker, C.qC City Clerk MFP:se Enc. cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Hr. Kit B. Kiser, Director of Utilities and Operations Mr. M. Craig Sluss, Manager, Water Production Room 456 Municipal Building 215 Church Avenue, S,W. Roanoke, ¥1rglnlo 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 28271. 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 Water Operating (1) ................................ $1,608,646 Water Pumping Stations (2-3) ....................... 531,400 Water Purification (4-6) ........................... 668,035 Capital Outlay from Revenue (7) .................... 32,888 Capital Projects (8-37) ............................ 2,827,872 (1) Admin. Supply (2) Admin. Supply (3) Expend. Equip. (4) Expend. Equip. (5) Chemicals (6) Maint. Bldg. (7) Veh. Equip. (8) S.W. Trunk - Phase 4 (9) New Services Hyd. Lines (10) Unidentified Plant Repl. (11) Flocculator Repl. (A002-056-2160-2030) $ 8,257 (A002-056-2165-2030) 247 (A002-056-2165-2035) 169 (A002-056-2170-2035) 153 (A002-056-2170-2045) 8,193 (A002-056-2170-2050) 38,325 (A002-056-2178-9010) 15,288 (A002-056-8305-9003) 33,959 (A002-056-8310-9003) (A002-056-8320-9003) (A002-056-8322-9003) 495 12,541 7,158 (12) 10-Yr. Meter Repl. (13) 16 Line Rt. 419 Loop (14) F.C. Plans & Specs (15) Statesman Telemetry (16) Grandin Road 12 Tank Loop (17) Fire Hydrants (18) Grandin Road Tank (19) Portland-Ben Tie-In (20) Hollins PS Improv. (21) Boxley Hills (A002-056-8323-9003 (A002-056-8324-9003 (A002-056-8325-9003 (A002-056-8326-9003 (A002-056-8327-9003 (A002-056-8328-9003 (A002-056-8329-9003 (A002-056-8331-9003 (A002-056-8332-9003 Pump (A002-056-8333-9003 (22) F.C. Generator Repl. (A002-056-8334-9003 (23) C.C.F.P. Ext. Painting (A002-056-8335-9003 (24) C.C.F.P. Storm Windows (A002-056-8336-9003 (25) Carroll Ave. Tank Paint (A002-056-8337-9003) (26) Grandin Ct./ Hollins Water Tank (27) Carvins Cove Land (28) Carvins Cove Filter Plant (29) Franklin Road Pump Station (30) Franklin Road Tank Loop (31) Franklin Road Tank Land (A002-056-8343-9003) (A002-056-8338-9003) (A002-056-8339-9003) (A002-056-8340-9003) (A002-056-8341-9003) (A002-056-8342-9003) (A002-056-8344-9003 (A002-056-8345-9003 (A002-056-8346-9003 (A002-056-8347-9003 (A002-056-8348-9003 Crystal Springs Pump House (A002-056-8349-9003 (32) C.C. Security/ Concession Repl. (33) G.C. #1 Tank Painting (34) Salem Inter Connect P.S. (35) FY85 Projects Design (36) FY86 Projects Design (37) $ 11,845 62,806 54,000 6,492 31,379 169,371 888 17,062 22,924 19,369 27,000 21,500 19,000 31,500 41,192 3,535 573,375 174,000 110,000 48,412 75,000 21,281 120,000 4,018 4,622 1,648 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of t~e City Clen~ July 31; 1986 File #60 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28270, amending and reor- daining certain sections of the 1986-87 General Fund Appropriation Ordinance, to provide for the reappropriation of certain funds into the current year budget in order that expen- ditures may be properly classified and liquidated, which Ordinance was adopted by the Council of the City of RoanoKe at a regular meeting held on Monday, July 28, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. cc: Mr. W. Robert Mr. Wilburn C. Herbert, City Manager Dibling, Jr., City Attorney Room 456 Municl~:~al Building 215 ~D~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 28270. AN ORDINANCE to amend and reordain certain sections of the 1986-87 General Fund Appropriation Ordinance, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1986-87 General Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Public Safety Police Patrol (1) ................................. Fire Suppression (2) .............................. Public Works Street Paving (3) ................................. Education Capital Outlay (4) ................................ $21,219,540 5,166,139 7,155,675 15,395,633 750,000 50,614,101 61,083 (1) Vehicular Equip. (2) Vehicular Equip. (3) Street Paving (4) School Buses (A001-050-3113-9010) $207,032 (A001-050-3213-9010) 129,556 (A001-052-4120-2010) 750,000 (A001-060-6010-6070-0508) 61,083 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk DEI~ARTM~"NT OF FINANCE CITY OF ROANOKE, VA. July 28, 1986 ,!!l! 22 (; TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Reappropriation for Outstanding Encumbrances and Incomplete Capital Projects as of June 30, 1986 At the close of fiscal year 1986, budget funds were obligated for outstanding encumbrances and incomplete capital projects. Purchase orders or contracts had been issued for the goods and services as of the close of FY86, but delivery of the goods, or performance of the services are not completed. Capital projects are usually not completed within the fiscal year in which the project is begun and continue into the following fiscal year(s). Reappropriation of these funds brings forward the unspent budget funds that were originally appropriated and obligated contractually for the goods and services. The appropriation amounts are as follows: General Fund Open encumbrances Water Fund Open encumbrances Capital projects from revenue $1~147~670 ~' $ 127,796 1~669~208 Total 81,797~004 Honorable Mayor and Members of City Council Page 2 July 28, 1986 Sewage Fund Open encumbrances Capital projects from revenue Total $1,087,692 385~355 $1t473~047 Airport Fund Open encumbrances Capital projects from revenue Total $ 430,025 2~627t535 $3,057,560 $ 19,981 157~764 $ 177,745 $ 338,842 Civic Center Fund Open encumbrances Capital projects from revenue Total Internal Service Fund Open encumbrances I recommend that Council adopt the attached budget ordinances to reappropriate these funds into the current year budget in order that these expenditures may be properly classified and liquidated. JMS:dp Office of the City Cle~ July 31; 1986 File #1~23 Thor, Incorporated P. O. Box 6352 Roanoke, Virginia 24017-0352 Gentlemen: I am enclosing copy of Ordinance No. 28277, accepting your pro- posal for construction of the pod additions at the Roanoke City Jail facility, in the total amount of $712,800.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se EnCo CC: Mr M r Mr Mr Mr Mrs Mr Mr Pub W. Alvin Hudson, City Sheriff W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Delores Irving, Construction Cost Technician Kit B. Kiser, Director of Utilities and Operations George C. SneaO, Jr., Director of Administration ano ic Safety Room 456 Municipal Building 215 Church Avenue, S.W, Roanoke, Virginia 24011 (703) 981-2541 July 31, 1986 File #123 Branch & Associates, Inc. P. O. Box 8158 Roanoke, Virginia 24014 S. Lewis Lionber§er Company P. O. Box 4217 Roanoke, Virginia 24015 Acorn Construction, Ltd. P. O. Box 625 Troutville, Virginia 24175 Gentlemen: I am enclosing copy of Ordinance No. 28277, accepting the pro- posal of Thor, Incorporated, for construction of the pod addi- tions at the Roanoke City Jail facility, in the total amount of $712,800.00, which Ordinance was adopted Dy the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986. On behalf of the Council, I would like to express appreciation to you for submitting your proposal for construction of the pod additions at the Roanoke City Jail facility. Sincerely, Mary F. Parker, CHC City Clerk MFP:se Eric. Roon~ 456 Municipal Building 215 C~urch Aw~que, S.W, Roanoke, '~rginia 2401~ (703) 98t-254~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 28277. AN ORDINANCE accepting the bid of Thor, Incorporated, for construction of the pod additions at the Roanoke City Jail faci- lity, 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 follows: 1. The bid $712,800.00, for of the City of Roanoke as of Thor, Incorporated, in the total amount of construction of the pod additions at the Roanoke City Jail facility, 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 ~vork to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the afore- said work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to ciation for such bid. 4. In order to provide for the usual each the City's appre- daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City C]e~'k July 31~ 1986 File #6~0-123 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28276, amending and reor- daining certain sections of the 1986-87 Capital Projects Fund Appropriations, to provide for the transfer of funds for construction of pod adOitions at the Roanoke City Jail, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting helO on Monday, July 28, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. W. Alvin Hudson, City Sheriff Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney 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. George C. Snead, Jr., Director of Administration and Public Safety Room 456 Municipal Building 215 O'~urch Avenue, S.W. P, oanoke, 'virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 28276. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Capital Projects Fund Appropriations and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1986-87 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations General Government $10,736,709 Jail Fourth Pod (1-3)i ........................... 863,047 Capital Improvement Reserve 10,056,123 Williamson Road Storm Drain (4) .................. 996,689 Pub Improvement Bonds - Series 1985 (5) .......... 650,000 Fund Balance Fund Balance - Unappropriated (6) .................. $ 2,463,746 Revenue Due from State Va. Dept. of Corrections (7) ...... $ State Revenue - Va. Dept. of Corrections (8) ....... 300,000 300,000 (1) Approp. from Bonds (2) Approp. from General Revenue (3) Approp. from State (4) Williamson Road Storm Drain (5) Public Imprv. Bonds - Buildings (6) Fund Balance Unappropriated (7) Due from State Va. Dept. Corrections (8) State Revenue - Va. Dept. of Corrections (A008-052-9505-9001) (A008-052-9505-9003) (A008-052-9505-9007) (A008-052-9575-9179) (A008-052-9577-9183) (X008-3325) (X008-t165) (R008-008-1234-1052) $ 126,553 363,047 300,000 (263,047) (126,553) (100,000) (300,000) 300,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. !i::::-· Roanoke, Virginia July 28, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Coumaittee Report Roanoke City Jail Pod Addition Roanoke, Virginia I concur with the recom~aendations of the attached Bid Committee Report. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/mm Attachment: Bid Committee Report cc: City Attorney Director of Finance Roanoke, Virginia July 28, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Roanoke City Jail Pod Addition Roanoke, Virginia I. Back,round: City Council, at its June 2, 1986, meeting, publicly opened and read aloud bids to complete the construction of the pods on the third and fourth floor of the City Jail in accordance with the plans, specifications and other contract documents as prepared by Hayes, Seay, Mattern & Mattern, of Roanoke, Virginia. Four (4) bids were received for this project with Thor, Incorporated, Roanoke, Virginia, submitting the lowest base bid of $712,800.00. A construction time of 180 consecutive calendar days was specified. This pro~ect calls for the completion of the cell work in the Jail on the third (medium and minimum security) floor and the fourth floor (maximum security). A total of 46 new bunks will be provided. The original plan was for the third floor to be completed under this bond issue and the fourth floor with funding in the next issue. Due to the extreme overcrowding of the facility, it is recommended that both levels be completed at one time. This will also help to control the escalation of cost for jail construction. The second floor will be developed as a much needed storage area for government surplus food items procured in large quan- tities when available (this is how this area has been used for some time). II. Issues in order of importance are: A. Compliance of the bidders with the requirements of the contract documents. B. Amount of the iow bid. C. Cost of the project. D. Funding Sources. E. Time of completion. Page 2 III. Alternatives are: Award a lump sum contract in the amount of $712,800.00 and 180 consecutive calendar days for construction to Thor, Incorporated, in accordance with the drawings, specifications and other contract documents as prepared by Hayes, Seay, Mattern & Mattern of Roanoke, Virginia. Establish project funding as listed below. 1. Compliance of the bidders with the requirements of the contract documents was met. Amount of the low bid is acceptable. The bid exceeds the estimated cost because both phases of the project are proposed at this time. In addition, to maintain security within the Jail, it has been specified that the Day Room windows be removed and all men and materials required to use this means of access only. 3. Cost of the project would be as follows: Requirements: Contract amount Contingency (8%) Surveillance system Telephone installation Intercommunication system Architect-Engineer fee TOTAL $712,800. 60,000. 15,000. 300. 1,500. 73~447. $863,047. 4. Fundin~ Sources a. Commonwealth of Virginia Department of Corrections (see attached letter) $300,000. b. Bond Fund Public Buildings Expansion of Jail 200,000. Undesignated Capital Fund Interest (Wiley Drive extension feasibility study now being conducted by National Park Service) 100,000. Williamson Road Storm Drain * Acct. #008-052-9575-9179 263,047. TOTAL $863,047. * $1,259,736. is available in an account to cover the increased cost of storm drain projects in the Page 3 Williamson Road area necessitated by the elimina- tion of retention basins. These funds will not be needed until approximately 1988, and the portion to be used for this project can be re-allocated in the next City Capital Bond Program. 5. Time of completion is specified as 180 consecutive calendar days. This schedule is acceptable. Reject the bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the contract documents would not be an issue. 2. Amount of the low bid would probably increase if rebid at a later date. 3. Cost would not be an issue at this time, but would likely increase over time. Funding Sources would not be encumbered at this time. The future availability of the grant from the Virginia Department of Corrections could be jeopardized by any extended delay. Time of completion would be extended. The Sheriff would continue to battle the overcrowded conditions because of lack of bed and cell space. IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative A. Authorize the City Manager to enter into a contractural agreement with Thor, Incorporated, in the amount of $712,800.00 and a construction time of 180 consecutive calen- dar days. Approve the project budget as listed under III.,4 above. Authorize the Director of Finance to transfer $489~600.00 to Account No. 008 052 9505 9001, which has already been established for the Architect-Engineering fee. Authorize the Director of Finance to establish an Accounts Receivable in the amount of $300~000.00 from the Commonwealth of Virginia Department of Corrections for reim- bursement and appropriate $300,000.00 to the account established in Item C above. E. Reject the other bids received. Page 4 Respectfully submitted, ~Chairman George C. Snead, Jr. Kit B. Kiser RAG/LBC/mm Attachments: Tabulation of Bids Commonwealth of Virginia Department of Corrections letter cc: City Attorney Director of Finance City Manager Sheriff TABULATION OF BIDS ROANOKE CITY JAIL POD ADDITION ROANOKE, VIRGINIA Bids opened before City Council on June 2, 1986, at 2:00 p.m. BASE ALTERNATE ALTERNATE BID BIDDER BID I II BOND Thor, Incorporated $712,800.00 $230,700.00 $196,200.00 Yes Branch & Associates, Inc. $715,000.00 $227,000.00 $210,500.00 Yes S. Lewis Lionberger Company $725,800.00 $232,000.00 $182,000.00 Yes Acorn Construction, Ltd. $738,000.00 $239,000.00 $199,000.00 Yes A contract time for substantial completion is specified as 150 consecutive calendar days plus 3--0 consecutive calendar days for corrections to be made. Ail contractors acknowledged receiving Addendums I and II. Alternate 1: Lump sum price to be deducted from Base Bid for deleting vir- tually all work on the third floor as defined in "special conditions". Alternate 2: Lump sum price to be deducted from Base Bid for deleting vir- tually all work on the fourth floor as defined in "special conditions". ~0rge C. Snead, JF. ' ' ' ' B. Kiser Hayes, Seay, Mattern & Mattern Architects - Engineers - Planners Roanoke, Virginia Office of City Engineer Roanoke, Virginia July 28, 1986 NOTICE: THE FILE REGARDING ORDINANCE NO. 28235-072886 IS MISSING FROM THE AGENDA FILE FOLDER. Or, ce c~ the City Cler~ July 31, 1986 File #51 Mr. W. H. Fralin Attorney P. O. Box 2865 Roanoke, Virginia 24001 Dear Mr. Fralin: I am enclosing copy of Ordinance No. 28236, rezoning five parcels of land located on Hershberger Road, N. W., near Cove Road, con- taining approximately 1.5 acres, designated as Official Tax Nos. 2560801, 2560802, 2560814, 2560815 and 2560816, from RS-3, Single Family Residential District, to RD, Duplex Residential District, which Ordinance was adopted by t~e Council of the City of Roanoke on first reading on Monday, July 14, 1986, also adopted by the Council on second reading on Monday, July 28, 1986, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CI.IC City Clerk MFP:se Enc. Room456 MuniclpalBuildlng 215 Church Ave~ue, S.W. Roanc~e, Virglnla24011 (703)981-2541 Mr. W. H. Fralin Page 2 July 31, 1986 cc: Mr. James A. Beavers, FFW Developers, P. O. Box 4175, Roanoke, Virginia 24015 Mr Donald Friedenson, 3534 Hershberger Road, Roanoke, Virginia 24017 Mr Fred A. Brown, 3422 Pittsfield Circle, N. Roanoke, Virginia 24017 Ms Loretta W. Jones, 3418 Pittsfield Circle, Roanoke, Virginia 24017 Ms June C. Preston, 3412 Pittsfield Circle, Roanoke, Virginia 24017 Ms Vivian Duzon, 3408 Pittsfield Circle, N. Virginia 24017 Mr James D. Pugh, P. O. Box 6172, Roanoke, Mr. Warren D. Casey, 3349 Pittsfield Circle, Virginia 24017 Ms. Mary F. Monk, 3343 Pittsfield Circle, N. Virginia 24017 Mr. Dempsey M. Perry, 3337 Pittsfield Circle, N. W., Roanoke, Virginia 24017 Ms. Ethel W. Crutchfield, 3333 Pittsfield Circle, N. W., Roanoke, Virginia 24017 Mr. Marvin A. Parsons, Sr., 3329 Pittsfield Circle, N. W., Roanoke, Virginia 24017 Ms Ester C. Fariss, P. O. Box 6286, Roanoke, Virginia 24017 Ms Ethel L. Hinchman, 3585 Hershber§er Road, N. W., Roanoke, Virginia 24017 Mr Dillard L. Grubb, 3571 Hershberger Road, N. W., Roanoke, Virginia 24017 Mr Glenn R. Webb, 3559 Hershberger Road, N. W., Roanoke, Virginia 24017 Ms Hazel B. Emerson, 3547 Hershberger Road, N. W., Roanoke, Virginia 24017 Mr Philip J. Malorf, 4025 Mud Lick Road, Roanoke, Virginia 24018 Ms. Lucille C. Pu§h, et al, P. O. Box 6252, Roanoke, Virginia 24017 Mr. A. Steve Richards, Route 1, Box 11, Boones Mill, Virginia 24065 Mr. Junior M. Murphy, 3419 Hershberger Road, N. W., Roanoke, Virginia 24017 Appalachian Power Company, P. O. Box 2021, Roanoke, Virginia 24022 N. W., N. W., W., Roanoke, Virginia 24017 N. W., Roanoke, W., Roanoke, Mr. W. H. Fralin Page 3 July 31, 1986 cc: Mr. Gordon N. Dixon, District Commission, Mrs. Mrs. Mr. Mr. Mr. Mr. Mr. Adm Mr~ Mr. Mr Ms. Mr~ Mr. Executive Director, Fifth Planning P. O. Box 2569, Roanoke, Virginia 24010 Susan S. Goode, Chairman, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission W. Robert Herbert, City Manager William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Kit B. Kiser, Director of Utilities and Operations Ronald H. Miller, Building Commissioner and Zoning nistrator L. Elwood Norris, Chairman, Board of Zoning Appeals Jerome S. Howard, Jr., Commissioner of Revenue Von W. Moody, III, Deputy Director of Real Estate Valuation Doris Layne, Office of Real Estate Valuation William M. Hackworth, Assistant City Attorney Wilburn C. Dibling, Jr., City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 28236. AN ORDINANCE to amend §§36-3 and 36-4_, iCode of the City of Roanoke (1979), as amended, and Sheet No. 256, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Single Family Residential District, to RD, trict; and WHEREAS, notice to all Duplex Residential Dis- the City Planning Commission, which after giving proper concerned as required by §36-541, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on July 14, 1986, at 7:30 p.m., after due and timely notice thereof as required by §36-541, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36-3 and 36-4, Code of the City of Roanoke (1979)0 as amended, and Sheet No. 256 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as five parcels of!land containing approxima- tely 1.5 acres, located on Hershberger Road near Cove Road, designated on Sheet No. 256 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2560801, 2560802, 2560814, 2560815 and 2560816 be, and is hereby rezoned from RS-3, Single Family Residential District, to RD, Duplex Residential District, and that Sheet No. 256 of the Zone Map be changed in this respect. ATTEST: City Clerk. July 14, 1986 Honorable Noel C. Taylor, Mayor, and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from FFW Developers, represented by Mr. W. H. Fralin, Attorney, that five parcels of land on Hershberger Road, N.W., designated as Official Tax Nos. 2560801, 2560802, 2560814, 2560815, and 2560816, be rezoned from RS-3, Single Family Residential District, to RD, Duplex Residential District. I. Background: Petition to rezone was filed on May 14, 1986. Rezoning request is unconditional. Be Purpose of request is to permit construction of one duplex on each of the five lots. Preliminary development plan has been submitted for review as well as a typical duplex unit. (See attached plans) Planning Commission public hearing was held on June 4, 1986. Three adjoining property owners spoke in opposition to the request. Mr. Fred Brown (3422 Pittsfield Circle), Mr. Warren Casey (3349 Pittsfield Circle), and Mrs. Donald Friedenson (3534 Hershberger Road) expressed their opposition to duplex construction in lieu of single family homes. The residents were concerned about apartments in the neighborhood, rental property and effect on their property values. II. Issues: Zoning is RS-3. Zoning to the north, west, and south is RS-3. Zoning to the east is RG-2. RD zoning is located southeast of the subject properties just beyond Kershaw Road. Land use of the property is vacant. In the area, the primary land use is single family residential. An apartment complex and a duplex are located on Herehberger Road, Just east of the properties requested for rezoning. Commercial land uses are located at the intersection of Cove Road and Hershberger Road as well as further east on Hershberger Road. Room 355 Municipal Building 215 Churc~ Avenue, S.'gZ Roanoke, Virginia 24011 (703) 981-2344 Utilities are available. Storm water drainage problems exist in the area. De Transportation corridor, Hershberger Road, is in the process of being widened to six lanes east of its intersection with Cove Road. Improvements would terminate approximately 600 feet west of the intersection, or approximately 300 feet down from the subject rezoning properties. There are no plans at the present time to widen Hershber~er beyond Cove Ro~H~ The possibility of widening may change in the future given development trends for the area. Should this occur, it would seem reasonable to expect a 70 to 90 foot (4 lane) right-of- way expansion. Neighborhood is primarily single-family residential. Concerns for drainage, apartments, and through traffic from Pittsfield Circle to Hershberger Road have been noted in the past. While neighborhood is not an organized group, some residents have been involved with proposed projects in the general area. Attempts by the petitioner to discuss the request with area residents has not been successful. Prior to the Planning Commission hearing, and since then, efforts to schedule a meeting with residents to discuss the proposal and perhaps resolve concerns have failed. (see attached letters of 5/1/86 and 6/18/86). F. Comprehensive Plan recommends: Encouraging a variety of housin~ choices in existing neighborhoods. Encouraging quality construction and design in new housing. Providing appropriate infill development that is sensitive to the existing neighborhood environment. III. Alternatives: A. Approve the rezoning request. Zonin8 becomes RD. Zoning is reasonable considering the proximity of other zoning districts and the low feasibility of future single-family residential development on Hershberger Road. Land use would remain low density residential. Rezoning would permit acceptable infill residential development to OCCUr. Be Deny 1. Utilities not adversely affected. While drainage concerns exist for the area in certain regions, the proposed development would not be a significant contributor to any problems and would be similar to the development of single-family homes. Construction of the duplexes would require site plan review since more than one would be constructed, thereby providing for more attention to drainage. It is expected that any drainage issues could be handled with reduced pavement and adequate greenspace. Transportation corridor expansion would probably affect the three structures with frontage on Hershberger Road. Since expansion of the corridor from Cove to Peters Creek Roads is not a priority project, consideration of reserving right-of-way is not appropriate at this time. The impact of future road widening perhaps could be reduced by constructing the units with as much of a front yard setback as possible. Staff has indicated concern with the number of entrances proposed onto Hershberger Road. Our discussions with the petitioner have indicated that they would have no problem with: (a) fronting the duplex units on Pittsfield Circle rather than Hershberger Road, thereby eliminating access, and (b) reducing the number of entrances for the other three units so that joint access and perhaps rear parking may be utilized. Neighborhood would be provided with attractive, low- density housing which would be beneficial as infill development for vacant land areas. Site plan review will consider storm water drainage further as well as traffic access points. Neighborhood concerns with development still exist. Comprehensive Plan would be followed. . the rezoning request. Zoning remains RS-3. Zoning is consistent with adjacent zoning patterns. Land use restricted to single-family development. Future development potential questionable, particularly for the three lots fronting only on Hershberger Road. Utilities would not be affected. Development issues regarding drainage still present with single family construction. Transportation would still be an issue. If properties were developed as single family, entrances could not be coordinated. If Hershberger Road were widened, properties would still be affected. Neighborhood would not be affected. Single-family homes could be constructed. 6. Comprehensive Plan could be followed. IV. Recommendation: The Planning Commission recommended approval of the rezoning request by a vote of 3-1 (Mr. Price in opposition and Messrs. Bradshaw, Sowers, and Waldvogel absent). Mr. Price indicated that he felt additional discussion with the community and adjoining property owners was needed. Respectfully submitted, Susan S. Goo/ef,'~ Roanoke City Planning Commission SSG/ESG:mpf attachments cc: Assistant City Manager Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Petitioner [.AW OFFICE5 JOLLY, PLACE. FRALIN & PRILLAMAN, PC. ROANOKE, VIRGINIA 24018 June 18, 1986 SALEM, VA 24153 GALAX, VA. ;~4333 Ms. Evie Gunter Planning Department City of Roanoke 215 Church Ave., Rm. 355 Roanoke, Virginia 24011 Re: FFW Developers - Rezoning ,IU~,I 19 1986 P,~ ...... cf';', of Community Plar, ni~g & Economic Development Dear Evie: Enclosed are copies of letters this day mailed to Mr. Brown, Mr. Casey and Mrs. Donald Friedenson. There is also enclosed copy of a letter sent by Jim Beavers to every adjoining owner of the subject tract. No suggestions were received by any adjoining owner, and to date no meetings have been set up by Mr. Brown and Mr. Casey, even though I have called and requested that they contact me to set up such a meeting. If you have WHF:mjs encl. any questions, please let me know. si/~erely, cc: James A. Beavers Fralin & Waldron, Inc. LAW OFF'ICES JOLLY, PLACE. FRALIN & PRILLAHAN, PC. ROANOKE. VIRGINIA 24018 June 18, 1986 Mr. Fred A. Brown 3422 Pittsfield Circle, N. W. Roanoke, Virginia 24017 Re: FFW Developers - Duplex Rezoning 5 parcels, Hershberger Road Dear Mr. Brown: Pursuant to our conversation after the Planning Commission meeting concerning the proposed zonings, I have called your house in order to try to set up a meeting of the residents to make suggestions concerning these zonings. I have not heard from you, and would like again to request that you contact me in order that a meeting could be held. Thank you for your cooperation. Sincerely, WHF:mjs CC: Mr. Warren Casey Mrs. Donald Friedenson Mr. James A. Beavers Ms. Evie Gunter W. H. Fralin FFW DEVELOPERS P. 0. BOX 4175 ROANOKE. VIRGINIA 24015 May 1. 1986 ( list attached FFW Developers own the five lots shown in green on the attached plat and are asking the Roanoke City Planning Commission to rezone the lots so two-family homes {duplexesJ can be constructed on the lots and sold. These lots face on Hershberger Road and with the planned widening of that street to four lanes the lots could be considered for business zoning and usage. However, we feel the two-family homes will serve as a more compatible use and buffer between the new four lane street and the homes on Pittsfield Circle and Hershberger Road. We are sending this letter and plat to you in order that you be aware of this proposed rezoning prior to our making application to the City Planning Commission. If you have any questions concerning this proposal, please call me at 774-4415. Very truly yours, FFW DEVELOPERS By: James A. Beavers JAB/Icw attachment cc: ,W. Heywood Fralin, Esquire PU[~L [SHE F' S FEE FF ~£IN 2865 ROANOKE VA 2qOgl ST&TE OF VIRGINIA CITY OF F~OANOKE AFFIDAVIT OF PUBLICATIg~ I, (THE UNgEPSIGNEDJ AN OFFICER CF TIMES-WORLD CORPORATIF]Nt WHICH COR- PORATION IS PUBLISHE~, OF THE t~OANOK~ TI?4ES & ~ORLO-NEWS, ~ gAILY NEWSPAPER ~UBLISHE~ IN ~CANOKE~ IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IH SAID NEWSPAPERS 2N THE FOLLOWING DATES 0612Z/86 MORNING 07/D4/86 MORNING ~ ITNESS , as arnende~ the Council of J NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, July 14, 1986, at 7:30 p.m.0 in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning from RS-3, Single Family Residential District, to RD, Duplex Residential District, the following property: Five parcels of land containing approximately 1.5 acres, located on Hershberger Road near Cove Road, designated as Official Tax Nos. 2560801, 2560802 2560814, 2560815 and 2560816. A copy of this proposal is available the Office of the City Clerk, Room 456, parties in interest may appear on the the question. for public inspection in Municipal Building. Ail above date and be heard on GIVEN under my hand this 25th day of June 198__6. Please publish in full twice, once on Friday, June 27, 1986, and once on Friday, July 4, 1986, in The Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 City Clerk Please bill to: W. Heywood Fralin, Attorney P. O. Box 2865 Roanoke, Virginia 24001 June 30, 1986 File #51 Mr. W. H. Fralin Attorney P. O. Box 2865 Roanoke, Virginia 24001 Dear Mr. Fralin: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your client, FFW Developers, that five parcels of land located on Hershberger Road near Cove Road, N. W., containing approximately 1.5 acres, and designated as Official Tax Nos. 2560801, 2560802, 2560814, 2560815 and 2560816, be rezoned from RS-3, Single Family Residential District, to RD, Duplex Residential District. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, July 14, 1986, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the recommended rezoning, which were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William M. Hackworth Assistant City Attorney, at 981-2431. ' Sincerely, lflary F. Parker, CMC City Clerk MFP:se Eric. Room 456 Municipal Building 215 Church A~,nue, $.W. Roono~e, Virginia 24011 (703) 981-2541 Mr. W. H. Fralin Page 2 June 30, 1986 cc.' Mr, James A. Beavers, FFW Developers, p. O. Box 4175, Roanoke, Virginia 24015 Mr. Donald Friedenson, 3534 Hershberger Road N.W. Roanoke, Virginia 24017 ' ' Mr. Fred A. Brown, 3422 Pittsfield Circle, N. W., Roanoke, Virginia 24017 Ms. Loretta W. Jones, 3418 Pittsfield Circle, N. W., Roanoke, Virginia 24017 Ms. June C. Preston, 3412 Pittsfield Circle, N. W. Roanoke, Virginia 24017 Ms. Vivian Duzon, 3408 Pittsfield Circle N. W., Roanoke, Virginia 24017 ' Mr. James D. Pugh, P. O. Box 6172, Roanoke, Virginia 24017 Mr. Warren D. Casey, 3349 Pittsfield Circle, N W., Roanoke Virginia 24017 ' , Ms. Mary F. Monk, 3343 Pittsfield Circle, N. W , Roanoke, Virginia 24017 ' Mr. Dempsey M. Perry, 3337 Pittsfield Circle, N. Roanoke, Virginia 24017 ' Ms. Ethel W. Crutchfield, 3333 Pittsfield Circle, N. W. Roanoke, Virginia 24017 ' Mr. Marvin A. Parsons, Sr., 3329 Pittsfield Circle N. W Roanoke, Virginia 24017 ' '' Ms. Ester C. Fariss, P. O. Box 6286, Roanoke Virginia 24017 ' Ms. Ethel L. Hinchman, 3585 Hershberger Road N. W Roanoke, Virginia 24017 ' '' Mr. Dillard L. Grubb, 3571Hershberger Road N.W. Roanoke Virginia 24017 ' ' , Mr. Glenn R. Webb, 3559 Hershberger Road, N W. Roanoke, Virginia 24017 ' ' Ms. Hazel B. Emerson, 3547 Hershberger Road N. W Roanoke, Virginia 24017 ' '' Mr. Philip J. Malorf, 4025 Mud Lick Road Roanoke, Virginia 24018 ' Ms. Lucille C. Pugh, et al, P. O. Box 6252 Roanoke, Virginia 24017 ' Mr. A. Steve Richards, Route i Box 11 Boones Mill Virginia 24065 ' ' , Mr. Junior M. Murphy, 3419 Hershberger Road N. W., Roanoke, Virginia 24017 ' Appalachian Power Company, P. 0 Box 2021 Roanoke, Virginia 24022 ' , Mr. W. H. Fralin Page 3 June 30, 1986 cc: Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mrs. Nora Piotrowski, Drafting Technician Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Niller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von W. Moody, III, Deputy Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING OF: Request from FFW Developers, represented by ) Mr. W. H. Fralin, Attorney, that five parcels of ) land on Herehberger Road, N.W. designated as ) AFFIDAVIT Official Tax Nos. 2560801, 2560802, 2560814, ) 2560815, and 2560816, be rezoned from RS-3, Single) Family Residential District, to RD, Duplex ) Residential District. COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Kimberly Duncan Spoon, first being duly sworn, states that she is secretary in the Office of Community Planning, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 23rd day of May, 1986, notices of a public hearing to be held on the 4th day of June, 1986, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: OWNER, AGENT OR OCCUPANT Donald Friedenson Fred A. Brown Loretta W. Jones June C. Preston Vivian Duzon James D. Pugh FFW Developers Warren D. Casey Mary F. Monk Dempsey M. Perry Ethel W. Crutchfield PARCEL 2560202 2560701 2560702 2560703 2560704 2560105 6440218 2560817 2560803 2560804 2560805 2560806 ADDRESS 3534 Hershberger Rd., NW Roanoke, Virginia 24017 3422 Pittsfield Circle Roanoke, Virginia 24017 3418 Pittsfield Circle Roanoke, Virginia 24017 3412 Pittsfield Circle Roanoke, Virginia 24017 3408 Pittsfield Circle Roanoke, Virginia 24017 3506 Hershberger Rd., NW P. O. Box 6172 Roanoke, Virginia 24017 P. O. Box 4175 Roanoke, Virginia 24015 3349 Pittsfield Circle Roanoke, Virginia 24017 3343 Pittsfield Circle Roanoke, Virginia 24017 3337 Pittsfield Circle Roanoke, Virginia 24017 3333 Pittsfield Circle Roanoke, Virginia 24017 2560807 2560107 6391019 6391312 6391310 6391309 6391308 6440216 6440219 6440220 6440221 6440203 Marvin A Parsons, Sr. Ester C. Fariss Ethel L. Hinchman Dillard L. Grubb Glenn R. Webb Hazel B. Emerson Philip J. Malorf Lucille C. Pugh, et al A. Steve Richards Junior M. Murphy Appalachian Power Co. 3329 Pittsfield Circle Roanoke, Virginia 24017 P. O. Box 6286 Roanoke Virginia 24017 3585 Hershberger Rd., NW Roanoke Virginia 24017 3571Hershberger Rd., NW Roanoke, Virginia 24017 3559 Hershberger Rd., NW Roanoke Virginia 24017 3547 Hershberger Rd., NW Roanoke Virginia 24017 4025 Mud Lick Road Roanoke Virginia 24018 3529 Hershberger Rd., NW P. O. Box 6252 Roanoke, Virginia 24017 Route 1, Box 11 Boones Mill, VA 24065 3419 Hershberger Rd., NW Roanoke, Virginia 24017 40 Franklin Road Roanoke, Virginia 24011 Kimb~ly Duncan Spo0~ SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of May, 1986. My Commission Expires: Notary Public NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, June 4, 1986, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, in order to consider the following: Request from FFW Developers, represented by Mr. W. H. Fralin, Attorney, that five parcels of land on Hershberger Road, N.W., designated as Official Tax Nos. 2560801, 2560802, 2560814, 2560815, and 2560816, be rezoned from RS-3, Single Family Residential District, to RD, Duplex Residential District. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Co~ission Please run in the morning edition on Tuesday, May 20, 1986 Please run in the evening edition on Tuesday, May 27, 1986 Please send affidavit of publication to: Office of Community Planning, Room 355, Muncipal Building, Roanoke, VA 24011 Please bill: W. H. Fralin, Attorney P.O. Box 2865 Roanoke, VA 24001 Misc. 5/27/86 - Council; C. Mgr. Office of the City Cle~ May 20, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition and list of property owners from Mr. W. H. Fralin, Attorney, representing FFW Developers, requesting that five parcels of land located on Hershberger Road near Cove Road, N. W., containing approximately 1.5 acres, and designated as Official Tax Nos. 2560801, 2560802, 2560814, 2560815 and 2560816, be rezoned from RS-3, Single Family Residential District, to RD, Duplex Residential District. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. CC: Mr. W. H. Fralin, Attorney, P. O. Box 2865, Roanoke, Virginia 24001 Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, fW. Roanoke, 'Virginia 24~11 (703) 981-2541 VIRGINIA: RE: IN THE COUNCIL OF THE CITY OF ROANOKE Rezoning of five (5) parcels on ) p~T~ Hershberger Road (2560801, 2560802, ) TO 2560814, 2560815, 2560816) from RS-3 ) REZONE Residential District, to RD ) Residential District. ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE. 1. The Petitioner, FFW Developers, owns five parcels of land located in the City of Roanoke, Virginia, containing approximately ~ /.~ acres, located on Hershberger Road near Cove Road, and designated on Roanoke City Appraisal Map as Official Tax Nos. 2560801, 2560802, 2560814, 2560815 and 2560816. The said parcels are currently zoned RS-3, Residential District. A map of the property to be rezoned is attached as Exhibit A. 2. Pursuant to Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the petitioner requests that the said parcels be rezoned from RS-3, Residential District, to RD Residential District for the purpose of constructing residential duplex dwellings thereon. 3. The Petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will be in the best interests of the City. 4. Attached as Exhibit B are the names and addresses of the owner or owners of all or immediately rezoned. WHEREFORE, parcels be rezoned as lots or property immediately adjacent to across a street or road from the parcels to be the petitioners requested request that the above-described in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. JOLLY, PLACE, FRALIN & W. H. Fralin P. O. Box 2865 Roanoke, Virginia 24001 703-342-3185 Respectfully submitted, FFW D V L · PRILLAMAN, P. C . CoUB3'-ECT EXHIBIT 2560202 2560701 2560702 2560703 2560704 2560105 2560817 2560803 2560804 2560805 2560806 2560807 2560107 6391019 6391312 6391310 6391309 6391308 6440216 6440218 6440219 6440220 6440221 6440203 Donald Friedenson Fred A. Brown Loretta W. Jones June C. Preston Vivian Duzon James D. Pugh FFW Developers Warren D. Casey Mary F. Monk Dempsey M. Perry Ethel W. Crutchfield Marvin A. Parsons, Sr. Ester C. Fariss Ethel L. Hinehman Di] ]ard L. Grubb Glenn R. W~hh Hazel B. ~merson Philip J. Malorf Lucille C. Pugh James D. Pugh Steve A. Richards Junior M. Murphy Appalachian Power Co. Appalachian Power Co. 3534 Hershberger 3422 Pittsfield Circle 3418 Pittsfield Circle 3412 Pittsfield Circle 3408 Pittsfield Circle Box 6172 Box 4175 3349 Pittsfield Circle 3343 Pittsfield Circle 3337 Pittsfield Circle 3333 Pittsfield Circle 3329 Pittsfield Circle BOx 6286 3585 Hershberger 3571 Hershberger 3559 Hershberger 3547 Hershberger 4025 Mud Lick Road 3529 Hershberger Box 6172 Rt. 1 Box 11 3419 Hershberger 40 Franklin Road 40 Franklin Road Roanoke Roanoke Roanoke Roanoke Roanoke Roanoke Roanoke Roanoke Roanoke Roanoke Roanoke Roanoke Roanoke Roanoke Roanoke Roanoke Roanoke Roanoke Roanoke Boones Mill Roanoke Roanoke Roanoke 24017 24017 24017 24017 24017 24017 24015 24017 24017 24017 24017 24017 24017 24017 24017 24017 24017 24018 24017 24017 24065 24017 24011 24011 Office of the City Oerk July 31, 1986 File ~51 Mr. George B. Jennings 3164 West Ridge Road, S. W. Roanoke, Virginia 24014 Mrs. W. Jackson Shepherd c/o Mr. Cliff Shepherd 1948 Franklin Road, S. W. Roanoke, Virginia 24014 Dear Mrs. Shepherd and Mr. Jennings: I am enclosing copy of OrOinance No. 28237, rezoning a certain tract of land located at 2610 Roanoke Avenue, S. W., containing approximately 1.842 acres, designated as Official Tax No. 1430102, from RS-3, Single Family Residential District, to LM, Light Manufacturing District, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, July 14, 1986, also adopted by the Council on second reading on Monday, July 28, 1986, and will take effect ten days following the date of its second reading. Si ncerely, Mary F. Parker, C?,C City Clerk MFP:se Enc. Room 456 Municipal Building 215 C~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Mr. George B. Jennings Mrs. W. Jackson Shepherd Page 2 July 31, 1986 cc: Ms. Erskine L. White, c/o Ridgecrest Family Swim Club, 1602 Lynchburg Turnpike, Salem, Virginia 24153 View Associates, 312 First Street, S. E. Roanoke, Virginia 24011 ' Woodridge Investors, 1227 Porta Ballena, Alameda, California 94501 Fuel Oil and Equipment Company, P. O. Box 12626, Roanoke, Virginia 24027 Mr. W. B. Adams, c/o Fuel Oil and Equipment Company, P. O. Box 12626, Roanoke, Virginia 24027 Ms. Betty V. Adams, 835 Duke of Glocester, S. W., Roanoke, Virginia 24014 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von W. Moody, III, Deputy Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA. The 28th day of July, 1986. No. 28237. AN ORDINANCE to amend §§36-3 and 36-4, ~Code of the City of Roanoke (1979), as amended, and Sheet No. 143, ~ectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Single Family Residential District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Cormnission, which after giving proper notice to all concerned as required by §36-541, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was heId on said application by the City Council at its meeting on July 14, 1986, at 7:30 p.m., after due and timely notice thereof as required by §36-541, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City that §§36-3 and 36-4, Code of the City of Roanoke (1979), and Sheet No. 143 of the Sectional 1976 Zone Map. City of amended in the following particular and no other: Property described as a 1.842 acre t_r~et of land on Roanoke Avenue, S. W., designated on Sheet No. 143 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Number No. 1430102 be, and is hereby rezoned from RS-3, Single Family Residential District, to LM, Light Manufacturing District, and that Sheet No. 143 of the Zone Map be changed in this respect. of Roanoke as amended. Roanoke, be ATTEST: City Clerk. Roanoke City Planning Commission July 14, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Mrs. W. Jackson Shepherd and Mr. George B. Jennings, that a 1.842 acre tract of land at 2610 Roanoke Avenue, S.W., Official Tax No. 1430102, be rezoned from RS-3, Single Family Residential District to LM, Light Manufacturing District. I. Background: Property is currently being used for industrial purposes. Building was constructed in 1966, prior to the adoption of the City zoning ordinance which designated the land as RS-3. Property is now for sale. Owners were unaware of the zoning - land use discrepancy until recently. Marketability of property is enhanced by proper zoning since any change in use would be non-conforming and would require approval by the Board of Zoning Appeals. Petition to rezone to LM was filed on May 13, 1986. Rezoning is unconditional. Planning Commission public hearing was held on June 4, 1986. There was no opposition to the request. II. Issues: Zoning is RS-3. Zoning to the north and west is LM and HM; to the south is RS-3 and RG-2; and to the east is RG-1. Land use of property is industrial. Adjacent land uses on Roanoke Avenue are industrial. Land uses on Mountain View Terrace are residential (apartment complexes, pool, and single family). Topographic separation exists between the residential and industrial uses. Room 355 Municipal Building 215 Church Avenue, 5.W~ Roanoke, Virginia 24011 (703) 981-2344 Utilities are not an issue. Traffic is not an issue. Neighborhood in the immediate vicinity of the property is primarily multi-family residential. Residential community is oriented towards the higher elevations. Industrial uses are congregated in the lower areas adjacent to the river. Flood plain is not an issue. Comprehensive Plan recommends: Development and protection of industrial areas where appropriate. 2. Clusterin8 of similar uses. Bufferin~ of residential areas to minimize impacts from industrial and commercial uses. III. Alternatives: A. Approve the rezoning request. 7. Deny 1. Zonin~ becomes LM. Land use is unchanged; present use of property becomes conforming. Utilities are not an issue. Traffic is not an issue. Neighborhood is not affected. Any future expansion of an industrial nature would require landscape buffering of residential uses. Flood plain is not an issue. Comprehensive Plan would be followed. . the rezoning request. Zonin~ remains RS-3. Zoning is not consistent with current or adjacent land uses. Land use is non-conforming. Present building cannot be expanded. Any changes in use must be approved by the Board of Zoning Appeals. 3. Utilities are not an issue. 4. Traffic is not an issue. Neighborhood would not be affected. Future uses of property must be more oriented to residential development. 6. Flood plain would not be affected. 7. Comprehensive Plan would not be followed. a. Industrial use of appropriate areas not promoted. b. Clustering of industrial uses not followed. IV. Recommendation: The Planning Connnission recommended approval of the rezoning request by a vote of 4-0 (Mesrrs. Bradshaw, Sowers and Waldvogel absent). Property is presently being used for industrial purposes and is appropriately located within an industrial area. Residential zoning is neither practical nor desirable given the existing conditions and the topographical nature of the area. Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission ESG:mpf attachments cc: Assistant City Manager Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Petitioner IN THE COIP~CIL OF THE CITY O~ RO~I~OKE, ?IRGINIA IN RE: P~zontn$ of a 1.842 acre tract of land at 2610 ) Roanoke Avenue~ S.~., Official Tax No. 1430102,) PETITION Respectfully submitted, · SEGINNING at a point on the southwest side of Byrne Street, S. W. (60 feet wide) N. 30 deg. 31' W., 177.26 feet from the northwest corner of same and Mountain View Terrace, S. W.; =hence with three new lines through and across Section §, Roanoke Development ~ompan¥ Map, S. 75 deg. 54' 20" W., 198.7 feet to an ton p~n at Corner 2; thence S 65 de= ~' Ao,, u deg. 3&' 20" W., 400.54 feet to an iron pin et Corner 4; thence with the easterly side of Fauquier Street, S. W. (25 feet wide) N. 8 deg. 16' 50" W., 136.92 feet to an iron pin at Corner 5; thence with the southerly side of Roanoke Avenue, S. W., 40 feet southerly from and parallel with the centerline of same and with a curved line to the left, the chord of N. 60 deg. 18' E. 75.62 feet to an iron pin et Corner 6; thence N. 53 deg. 54' 55" E., 227.76 feet to an iron pin at Corner 7; thence with a curved line to ~he right ~he following four chords: N. 59 deg. 11' E., 68.16 feet ~o an iron pin a= Corner 8: thence N. 68 deg. 30' 50" E., 6&.85 feet to an iron pin at Corner 9; thence N. 77 deE. 50' 40" E., 42,30 feet to an iron pin at Corner 10; thence N. 82 deg. 49' 30" E., llS.l& fee= to an iron pin at Corner 11; thence with the southwest side of Byrne Street, S.W., S. 30 deg. 31' E., 125.00 feet to an iron pin at Corner L, the Piece of BEGINNING, containing 1.842 acres, more or less, and bein~ the northerly epproximate one-half of Section 5, ~oanoke Development Company Map, of record in =he Clerk's Office of the Circuit Court of the County of tOaAOKe [, Page 63, and prepared by C. B. ~lcolm dated July 13, 1966. 1430101 White, g£skine L. c/o Rtdgecrest Family Swim Club 1602 Lynchbur8 Turnpike Salem, Virginia 24153 1430103 1430104 View Associates 312 Firs~ S~reeC, $.E. Roanoke, Virginia 24011 1421503 Woodridge Investors 1227 Porte Ballena Alameda, CA 94501 1410203 1410207 Fuel Oil and Equipment Co. P. O. Box 12626 Roanoke, Virginia 24027 1510305 Adams, W. B. c/o Fuel Oil Equipmen~ Company P. O. Box 12626 Roanoke, Virginia 24027 1510512 Adams, Betty V. 835 Duke of Glocester, S.W. Roanoke, Virginia 24014 1410203 Fuel Oil and Equipment Company P. O. Box 12626 Roanoke, VirginiA 24027 0 i-., < 0 0 %~, ~.~ ~ L~ i NUMBER - 625681t PUBLISHER' S FEE - $6J,48 CITY OF ROANOKE E/C MARY F PARKER CITY CLERKS OFFICE FOOM 456 MUNICIPAL ~LDS ROANOKE VA 240~ L STATE OF VIRGINIA S [TY OF ROAN[~KE AFFIDAVIT OF PUBLICATION It (THE UNDERSIGNED} AN OFFICEF TIMES-WORLD CORPORATION, WHICH COR- PORATION iS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ~OANOKE, IN THE STATE gF VIRGINIA~ D(3 CERTIFY THAT THE ANNEXE~ NOTICE NAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 06/27/86 MORNING 07/04/86 MORNING WITNESS, THIS 7TH DA.X OF JU~Y 1986 offlci of ~he c~ty c~e~,:k. ~ NOTICE OF PUBLIC HEARING TO WHOM IT MAy CONCERN: Pursuant to the provisions of Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, July 14, 1986, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning from RS-3, Single Family Residential District, to LM, Light Manufacturing District, the A 1.842 acre tract of bearing Official Tax No. following property: land on Roanoke Avenue, 1430102. A copy the Office parties in the question. of this proposal is available for public inspection in of the City Clerk, Room 456, Municipal Building. All interest may appear on the above date and be heard on GIVEN under my hand this 25th day of June Please publish in full twice, once on Friday, June 27th, 1986, and once on Friday, July 4th, 1986, in The Roanoke Times and World News, Morning Edition. Please send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 City Clerk Office of the City Clerk June 30, 1986 File #51 Mr. ~orge B. Jennings 3164 West Ridge Road, S. ~. Roanoke, Virginia 24014 Dear Mrs. Shepherd and Mr. Jennings: Mrs. W. Jackson Shepherd c/o Mr. Cliff Shepherd 1948 Franklin Road, S. W. Roanoke, Virginia 24014 [ am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant your request that a certain tract of land located at 2610 Roanoke Avenue, S. W., containing approximately 1.842 acres, and designated as Official Tax No. 1430102, be rezoned from RS-3, Single Family Residential District to LM, Light Manufacturing District. ' Pursuant to Resolution No. 25523 adopted by the Council of the City of RoanoKe at its meeting on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, July 14, 1986, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the recommended rezoning, which were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. ~illiam M. Hackworth, Assistant City Attorney at 981-2431. , Sincerely, ~,lary F. Parker, CMC City Clerk MFP:se Enc. Room456 Mun~¢lpalBu~ding 2~5(~urchAve~ue, S.W. Roano~e,~rginlo24011 (703)98t-2541 Mr. George B. Jennings Mrs. W. Jackson Shepherd Page 2 June 30, 1986 cc: Ms. Erskine L. White, c/o Ridgecrest Family Swim Club, 1602 Lynchburg Turnpike, Salem, Virginia 24153 View Associates, 312 First Street, S E. Roanoke, Virginia 24011 ' ' Woodridge Investors, 1227 Porta Ballena Alameda, California 94501 ' Fuel Oil and Equipment Company, P. O. Box 12626 Roanoke, Virginia 24027 ' Mr. W. B. Adams, c/o Fuel Oil and Equipment Company, p. O. Box 12626, Roanoke, Virginia 24027 Ms. Betty V. Adams, 835 Duke of Glocester, S. W. Roanoke, Virginia 24014 ' Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mrs. Nora Piotrowski, Drafting Technician Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von W. Moody, III, Deputy Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING OF: CIT¥' ~- '86 28 Request from Mrs. W. Jackson Shepherd and ) Mr. George B. Jennings, that a 1.842 acre tract of) land at 2610 Roanoke Avenue, S.W., Official Tax ) AFFIDAVIT No. 1430102, be rezoned from RS-3, Single Family ) Residential District to LM, Light Manufacturing ) District. COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Kimberly Duncan Spoon, first being duly sworn, states that she is secretary in the Office of Community Planning, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 23rd day of May, 1986, notices of a public hearing to be held on the 4th day of June, 1986, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 1430101 Erskine L. White c/o Ridgecrest Family Swim Club 1602 Lynchburg Turnpike Salem, Virginia 24153 1430103 1430104 View Associates 312 First Street, S.E. Roanoke, Virginia 24011 1421503 Woodridge Investors 1227 Porta Ballena Alameda, CA 94501 1410203 1410207 1410203 Fuel Oil and Equipment Company P. O. Box 12626 Roanoke, Virginia 24027 1510305 W. B. Adams c/o Fuel Oil & Equip. Co. P. O. Box 12626 Roanoke, Virginia 24027 1510512 Betty V. Adams 835 Duke of Glocester, SW Roanoke, Virginia 24014 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of May, 1986. Notary Public My Commission Expires: NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, June 4, 1986, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, in order to consider the following: Request from Mrs. W. Jackson Shepherd and Mr. George B. Jennings, that a 1.842 acre tract of land at 2610 Roanoke Avenue, S.W., Official Tax No. 1430102, be rezoned from RS-3, Single Family Residential District to LM, Light Manufacturing District. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please run in the morning edition on Tuesday, Please run in the evening edition on Tuesday, Please send affidavit of publication to: Office of Community Planning, Room 355, Mun¢ipal Building, Roanoke, VA 24011 Please bill: Mr. George Jennings Jennings-Shepherd Realty Company P.O. Box 1559 Roanoke, VA 24007 May 20, 1986 May 27, 1986 Misc. 5/27/86 - Council; C. Mgr. Off~ce cf the Ci~ Clerk May 20, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition and list of property owners from Mrs. W. Jackson Shepherd and Mr. George B. Jennings, t/a Jennings-Shepherd Realty Company, requesting that a certain tract of land located at 2610 Roanoke Avenue, S. W., con- taining approximately 1.842 acres, and designated as Official Tax No. 1430102, be rezoned from RS-3, Single Family Residential District, to LM, Light Manufacturing District. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. George B. Jennings, 3164 West Ridge Road, S. W., Roanoke, Virginia 24014 Mr. Cliff Shepherd, 1948 Franklin Road, S. W., Roanoke, Virginia 24014 Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room 456 Munict~,al Building 215 C~urc:h AYenue, S.W. Rocinoke, Virginia 24~11 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a 1.842 acre tract of land at 2610 ) Roanoke Avenue, S.W., Official Tax No. 1430102,) PETITION from RS-3, Single Family Residential District, ) TO to LM, Light Manufacturing District. ) REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioners, Mrs. W. Jackson Shepherd and Mr. George B. Jennings, T/A Jennings-Shepherd Realty Company own a certain tract of land located in the City of Roanoke, Virginia, containing 1.842 acres on Roanoke Avenue, S.W., more particularly described in Exhibit A and designated on Roanoke City Appraisal Map as Official Tax No. 1430102; the said tract is currently zoned R$-3, Single Family Residential District. A map of the property to be rezoned is attached as Exhibit B. 2. Pursuant to Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from RS-3, Single Family Residential District, to LM, Light Manufacturing District. 3. The Petitioners believe that the rezoning of the said tract of land will further the intent and purpose of the City's Zoning Ordinance and its comprehensive plan, in that it will conform to actual conditions in existence at the present time. 4. Attached as Exhibit C are the names and addresses of the owners of all lots or property immediately adjacent to or immediately across the street from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tract be rezoned as requested in accordance with the provisfons of the Zoning Ordinance of the C~ty of Roanoke. Respectfully submitted, ~E#HAVEII, ELLLrTr A COR#ELISON BEGINNING at a point on the southwest side of Byrme Street, S. W. (60 feet wide) N. 30 deg. 31' W., 177.26 feet from the northwest corner of same and Mountain View Terrace, S. W.; thence with three new lines through and across Section 5, Roanoke Development Company Map, S. 75 deg. 54' 20" W., 198.7 feet to an iron pin at Corner 2; thence S. 65 deg. 08' 40" W., 44.23 feet to an iron pin at Corne~ 3; thence S. 57 deg. 34' 20" W., 400.54 feet to an iron pin at Corner 4; thence with the easterly side of Fauquier Street, S. W. (25 feet wide) N. 8 deg. 16' 50" W., 136.92 feet to an iron pin at Corner 5; thence with the southerly side of Roanoke Avenue, S. W., 40 feet southerly from and parallel with the centerline of same and with a curved line to the left, the chord of N. 60 deg. 18' E. 75.62 feet to an iron pin at Corner 6; thence N. 53 deg. 54' 55" E., 227.76 feet to an iron pin at Corner 7; thence with a curved line to the right the following four chords: N. 59 deg. 11' E., 68.16 feet to an iron pin at Corner 8; thence N. 68 deg. 30' 50" E., 64.85 feet to an iron pin at Corner 9; thence N. 77 deg. 50' 40" E., 42.30 feet to an iron pin at Corner 10; thence N. 82 deg. 49' 30" E., 118.14 feet to an iron pin at Corner 11; thence with the southwest side of Byrne Street, S.W., S. 30 deg. 31' E., 125.00 feet to an iron pin at Corner 1, the Place of BEGINNING, containing 1.842 acres, more or less, and being the northerly approximate one-half of Section 5, Roanoke Development Company Map, of record in the Clerk's Office of the Circuit Court of the County of Roaaoke, ~¢-¢~* ' · ~.,.nza, ~n Plat Book 1, Page 63, nd.bQ~n~ ~9~.n in_~gil on prepared by g. ~. mazcozm and ~on, dated July 13, 1966. 143010~ White, Erskine L. c/o Ridgecrest Family Swim Club 1602 Lynchburg Turnpike Salem, Virginia 24153 1430103 1430104 View Associates 312 First Street, S.E. Roanoke, Virginia 24011 1421503 Woodridge Investors 1227 Porta Ballena Alameda, CA 94501 1410203 1410207 Fuel Oil and Equipment Co. P. O. Box 12626 Roanoke, Virginia 24027 1510305 Adams, W. B. c/o Fuel Oil Equipment Company P. O. Box 12626 Roanoke, Virginia 24027 1510512 Adams, Betty V. 835 Duke of Glocester, S.W. Roanoke, Virginia 24014 1410203 Fuel Oil and Equipment Company P. O. Box 12626 Roanoke, VirginiA 24027 July 31, 1986 File #51 Mr. Evans B. Jessee Attorney 404 Shenandoah Building Roanoke, Virginia 24011 Dear Mr. Jessee: I am enclosing copy of Ordinance No. 28238, rezoning a tract of land containing approximately 5.2 acres, located on the westerly side of North Jefferson Street, bounded on the west by Gainsboro Road, and on the south by Patton Avenue, N. W., designateO as Official Tax Nos. 2021802, 2021901, 2021902, and 2011001, including a closed portion of Rutherford Avenue, N. W., from C-4, Central Business Expansion District, to RG-2, General Residential District, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, July 14, 1986, also adopted by the Council on second reading on Monday, July 28, 1986, and will take effect ten days following the date of its second reading. Sincerely, Hary F. Parker, CMC City Clerk MFP:se Eric. Room 456 Munlcll:~l Building 215 C~urch Avenue, S.W. Roanoke, Vlrginla 2401t (703) 981-254't Mr. Evans B. Jessee Page 2 July 31, 1986 cc: Westinghouse Electric Corporation, Westinghouse Building-Tax Department, Gateway Center, Pittsburgh, Pennsylvania 15222 Mr. Herbert D. McBride, Executive Director, City of Roanoke Redevelopment and Housing Authority, p. O. Box 6359, Roanoke, Virginia 24017 Gainsboro Neighborhood Development Corporation, 604 Gainsboro Road, N. W., Roanoke, Virginia 24017 Hunton Branch YMCA, 416 Gainsboro Road, N. W. Roanoke Virginia 24016 ' ' Claytor, Inc., 811 Grayson Avenue, N. W. Roanoke Virginia 24016 ' ' First Baptist Church, Jefferson Street and Gilmer Avenue, N. W., Roanoke, Virginia 24016 St. Andrew's Catholic Church, 631 Jefferson Street, N. E. Roanoke, Virginia 24016 ' Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von W. Moody, III, Deputy Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Percy T. Keeling, President, Gainsboro Project Area Committee, Inc., 416 Gainsboro Road, N. W. Roanoke, Virginia 24016 ' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 28238. AN ORDINANCE to amend §§36-3 and 36-4, .Code of the City of Roanoke (1979), as amended, and Sheet Nos. 201 and 202, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-4, Central Business District District. to RG-2, General Residential District District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36-541, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on July 14, 1986, at 7:30 p.m., after due and timely notice thereof as required by §36-541, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, Doth for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City that §§36-3 and 36-4, Code of the City of Roanoke (1979), and Sheet No. 201 and 202 of the Sectional 1976 Zone Map, of Roanoke as amended, City of Roanoke, be amended in the following particular and no other: Property described as a tract of approximately 5.2 acres located on the westerly side of N. Jefferson Street, designated on Sheet No. 201 and 202 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Number Nos. 2021802, 2021901, 2021902 and 2011001, and including a vacated portion of Rutherford Avenue, N. W., be, and is hereby rezoned from C-4, Central Business District District, to RG-2, General Residential District District, and that Sheet No. 201 and 202 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission July 14, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from The Most Reverend Walter F. Sullivan, represented by Mr. Evans B. Jessee, Attorney, that a tract of land located on the westerly side of Jefferson Street and running west to Gainsboro Road and south to Patton Avenue, N.W., containing approximately 5.2 acres, and being designated as Official Tax Nos. 2021802, 2021901, 2021902 and 2011001, including a portion of a previously closed section of Rutherford Avenue, N.W., be rezoned from C-4, Central Business District to RG-2, General Residential Distr~ct. I. Background: Purpose of the rezoning request is to permit construction of a home for the elderly to be know as Our Lady of the Valley Retirement Community, with 116 units of congregate housing proposed. Special exception permit would be required from the Board of Zoning Appeals in addition to the change in zoning. Homes for the aged are permitted by the Board of Zoning Appeals as special exceptions in residential areas under Section 36-62 of the Zoning Ordinance. C. Preliminary development plan is attached for your review. Petitioner's representatives have met with the Roanoke Redevelopment and Housing Authority and the Gainsboro Project Area Committee (PAC). Both have adopted resolutions endorsing the project (attached). Room355 MunicipalBuilding 215 Church Avenue, S.'~,X Roanoke, Virginia24011 (703) 9812344 II. Amendment No. 2 of the Redevelopment Plan for the Gainsboro Community Development Program Arem was adopted in April of 1983. The amendment recommended zoning changes for much of the program area in order to make the zoning and land use (existing and future) consistent with one another. The .pubject properties requested for rezoning were identified as for "institutional and church uses." The zoning was C-4 and was not changed because it was felt that C-4 allowed the most flexibility for development by the church. Planning Commission public hearing was held on June 4, 1986. There was no public opposition. Be Zoning is C-4; zoning in the immediate area was changed in 1983. Zoning on the opposite side of Gainsboro Road was changed from C-4 to RG-2 as well as areas along Patton and Gilmer Avenues. These areas were in residential use and were more appropriately zoned residential than commercial. C-4 ~oning does not permit residential development except high rise apartments and "dwelling units" above the second floor of a commercial use. (Note: proposed congregate units are not dwelling units per code definition since they do not have separate kitchen facilities.) Land use is vacant. Property is presently a football practice field. Adjacent uses are residential and church oriented. The Gainsboro industrial area is located to the north along Madison Avenue and Gainsboro Road. Utilities are available. Storm drainage would have to be handled on site. Acreage is available for retention if needed. D. Traffic is not a significant issue. Trips generated would average 400 per day (elderly housing). Gainsboro Road could accommodate the additional traffic load. While minor improvements to Gainsboro Road have been recommended in the Gainsboro Redevelopment Plan, there are no plans to undertaken any improvements at the present time. As priority projects are undertaken in the community and additional funding becomes available, improvements to Gainsboro Road would be considered. E. Neishborhood is primarily low density residential on the west side of Gainsboro Road. The east side of Gainsboro Road is primarily comprised of church- and community-related facilities, as well as an industrial center. The Gainsboro Redevelopment Plan has identified the properties requested for rezoning for institutional and church land uses. Affordable elderly housing is desirable for the community. Appropriate new development is needed to revitalize and sustain the existing development. Proposed building design and detailed site layout have not been completed. Various specific details of the building and its orientation on the site need to be considered carefully during design of the project in order to address the massiveness of the building and its visual effect on Gainsboro Road. G. Redevelopment Plan for Gainsboro indicates: Housing for low-income elderly should be provided to the extent permitted by HUD housing programs. New land uses should achieve a harmonious relationship between the residential, institutional, commercial and industrial land uses. Supply of low- and moderate-income housing should be improved through construction of a variety of housing types. H. Comprehensive Plan recommends that: 1. Downtown housing be encouraged. 2. Neighborhood environments be maintained and improved. 3. Variety of housing choices be encouraged in existing neighborhoods. III. Alternatives: A. Approve the rezoning request. Zoning becomes RG-2 and is consistent with adjacent residentially zoned areas. Land use for elderly residential purposes permitted by special exception from the Board of Zoning Appeals. Church use of land also permitted in RG-2. Proposed land use is consistent with Gainsboro Redevelopment Plan. 3. Utilities not adversely affected. Traffic increase not significant. Gainsboro Road can accommodate estimated increase in traffic volumes. Neighborhood plan for revitalization supported. affordable elderly housing would be made available. private development encouraged in Gainsboro area. New Proposed building design and site layout can be dealt with at a later time during City and RRHA review. Design considerations must include adequate landscaping, green space separations and building design features to minimize the visual effect of the large building on Gainsboro Road. 7. Redevelopment Plan for Gainsboro would be followed. 8. Comprehensive Plan would be followed. B. Deny rezoning request. 1. Zoning remains C-4. Land use could be residential if a high-rise apartment were constructed or dwelling units were above the first floor. Land use for church or institutional purposes still in compliance with Gainsboro Redevelopment Plan. 3. Utilities would not be an issue. 4. Traffic would not be an issue. Neishborhood revitalization efforts would be stunted in terms of provision for elderly housing. 6. Proposed building design would not be relevant. 7. Redevelopment Plan could still be followed. 8. Comprehensive Plan could still be followed. IV. Recommendation: The Planning Commission, recommended approval of the rezoning request by a vote of 4-0. (Messrs. Bradshaw, Sowers and Waldvogel absent) The proposed project is in keeping with the objectives set forth in both the Gainsboro Redevelopment Plan and the City's Comprehensive Plan. The effect of the new private sector development in the Gainsboro area would be beneficial to the co~unity in terms of revitalization and provision of needed services. Respectfully submitted Susan S. Goode, Chairwoman Roanoke City Planning Commission ESG:mpf attachments cc: Assistant City Manager Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land located on the ) westerly side of N. Jefferson Street, and ) running west to. Gainsboro Road and south to ) PETITION Patton Avenue, N.W. containing approxi- ) TO mately 5.2 acres, from C-l, Central Business ) REZONE Expansion District, to RG-2, General ) Residential District ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The petitioner, Most Rev. Walter F. Sullivan, Bishop of the Roman Catholic Diocese of Richmond, Virginia, is the owner of a certain tract of land located in the City of Roanoke, Virginia, containing approximately 5.2 acres, located on the westerly side of N. 3efferson Street, and bounded by Gainsboro Road, N.W. on the westerly side and by Patton Avenue, N.W. on the southerly side, designated on Roanoke City Appraisal Map as Official Tax Nos. 2021802, 2021901, 2021902, and 2011001, including a portion of Rutherford Avenue, N.W. heretofore closed by action of Roanoke City Council; the said tract is currently zoned C-4, Central Business Expansion District. A map of the property to be rezoned is attached as Exhibit A. 2. Pursuant to Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the petitioner requests that the said property be rezoned from C-4, Central Business Expansion District, to RG-2, General Residential District, for the purpose of constructing thereon a home for the elderly, to contain approximately 116 resi- dential units, and to be known as Our Lady of the Valley Retirement Community. 3. The petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the Zoning Ordinance of the City of Roanoke and its comprehensive plan, in that it will provide affordable housing for the elderly in an area where the same is not now available, and will be compatible with other development which is taking place within the area, which is a part of the Gainsboro Con~nunity Development Area. 4. The petitioner further believes that the rezoning of the tract of land and the construction of the home for the elderly thereon is compatible with the Redevelopment Plan for the Gains- boro Community Development Program Area, as set forth in Amend- ment No. 2 of said plan, dated April, 1983, in that it will fur- ther the objectives of said plan by providing affordable housing for the elderly, will provide additional employment within the area, and will conform to the General Land Use Plan for the area. 5. Attached as Exhibit B are the names and addresses of the owners of all of the lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Evans B. J/e/ssee 404 Shenar~oah Building Roanoke, Virginia 24011 Counsel for Petitioner Respectfully submitted, WALTER F. SULLIVAi~, Bishop of the Roman Catholic Diocese of Richmond, Virginia By Counsel ~£L ~' ~" x -0 0 $ 2DZl~02 2011001 o .5 20~1002 CITY OF ROANOKE Exhibit A ~ LANDOWNERS TO BE NOTIFIED Westinghouse Electr$c Corporation Westinghouse Building-Tax Dept. Gateway Center Pittsburgh, Pennsylvania 15222 City of Roanoke Redevelopment & Housing Authority Gainsboro Neighborhood Development Corporation 604 Gainsboro Road, N.W. Roanoke, Virginia 24017 Gainsboro Neighborhood Development Corporation Post Office Box 6359 Roanoke, Virginia 24017 Hunton Branch YMCA 416 Gainsboro Road, N.W. Roanoke, Virginia 24016 Claytor, Inc. 811 Grayson Avenue, N.W, Roanoke, Virginia 24016 First Baptist Church Jefferson St. & Gilmer Ave. Roanoke, Virginia 24016 N. E. pfficial No. 2022301 2022402 2021788 2021789 2010909 2010922 2010918 2010919 2021685 2021695 2011712 2011901 3011401 Exhibit B G.~. P. NOT'E: '-i APPRAISAL MAP CITY OF ROANOKE,VA. SHEET Ns 202 CITY OF ~AN~E CITY' OF", IO~ I'ONI 'A~I-I'IYA ~]H.I. ~ ~o~ AORIS A11'1181S¥3.-I kmI~lO-m =IS VHd -I C) (:: 3> Z .--I _~m FEASIBILITY STUDY FOR i,..~_~.~.~.._~,,~n,.iOUR LADY OF THE VALLEY, INC. 4 Item No. Date Approved RESOLUTION NO. ~1,~/ RESOLUTION CONCURRING IN A PROPOSED ELDERLY' HOUSING DEVELOPMENT AND SUPPORTING THE REZONING REQUIRED BY THE DEVELOPMENT, GAINSBORO, CD-1 WHEREAS, St. Andrews Catholic Church (Developer) has proposed development of an elderly housing facility (Development) on land it owns in the Gainsboro Community Development Area, CD-1 (Project Area); and WHEREAS, representatives of the Developer have made a presentation to the City of Roanoke Redevelopment and Housing Authority's Board relative to the Development; and WHEREAS, the Development meets a basic objective of the Gainsboro Community Development Plan (Plan) by providing housing for elderly residents of the Gainsboro ~ommunity as well as for low to moderate income elderly persons in the City of Roanoke (City) as a whole; and WHEREAS, it will be necessary to rezone the Development Site from C-4 to RG-2 as well as to obtain a special exception to permit a "home for the aged"; and WHEREAS, the Developer desires the Authority's general concurrence in the Development and its support in the rezoning before the City Plan- ning Commission. NOW, THEREFORE BE IT RESOLVED, that: The Commissioners of the City of Roanoke Redevelopment and Housing Authority hereby generally concur in the Development, Authorization is hereby given to the Executive Director or his representative to support the zoning change from C-4 to RG-2 upon its presentation before the City Plan- ning Commission. RESOLUTION ADOPTED BY THE BOARD OF DIRECTORS OF THE GAINSBORO PROJECT AREA COMMITTEE, INCORPORATED AT A SPECIAL MEETING ON MAY 29, 1986. RESOLVED, that the Board of Directors of the Gains- boro Project Area Committee does hereby endorse and express its support for that certain proposed project known as Our Lady of the Valley, Incorporated, Elderly Care Facility, under the sponsorship of the Roman Catholic Diocese of Richmond, to be developed in the Gainsboro Project Area, and, BE IT FURTHER RESOLVED, that the Board of Directors of the Gainsboro Project Area Committee, in consultation with the membership of the corporation, proposed project is consistent with the sive Revitalization Plan for Gainsboro, does find that the overall Comprehen- 1981, and does urge and support all appropriate governmental action necessary to bring about development of the project, and BE IT FURTHER RESOLVED, that copies of this resolu- tion be sent to appropriate public bodies and officials, representatives of the Diocese of Richmond, and such other interested parties as the~airman may dir~ft. p~~/. ' ~--~-'. ' ~' Chairman ~ y T. Keeling [ / Carl T, Tihsley U Vice Chairman I certify that the foregoing is a true copy of a resolution adopted by the Board of Directors of the Gainsboro Project Area Committee, Incorporated, at a special meeting on May 29, 1986. ~/Scl~ne~ers Secretary fid N~BE~ - ~256B06 PUBLISttFR'S FEE - $70056 EVANS B JESSEE ATTY ~*04 SHENANDOAH }3LOG ROANOKE VA 2401 STATE OF VIRGINIA CITY DF ROANOKE AFFIDAVIT OF PUBLICATION I, ITHE UNDERSIGNED} AN OFFICER DF TIMES-WO~LD COPPCRATIONt F~HICH COF- PORATION tS PUBLISHEF 6F THE ROANOK~ TIMES ~ ~OFLD-NEWS, A DAILY NEWSDAPED PUBEISHED iN ROANOKE~ IN THE STATE IF VIRGINIA, DO CERTIFY THAT THE ANNEXFD NOT ICE WAS PUBLISHED iN S~ID NEWSDADE~,S ON THE FOLLOWING DATES 06/27/86 MORNING 07/04/86 MORNING WITNESS, T~ 1936 NOTICE OF PUBLIC HEARING TO WHOM IT MAy CONCERN: Pursuant to the provisions of Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, July 14, 1986, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning from C-4, Central Business District, to RG-2, General Residential District, the following property: A tract of approximately 5.2 acres located on the westerly side of N. Jefferson Street, designated as Official Tax Nos. 2021802, 2021901, 2021902 and 2011001, and including a vacated portion of Rutherford Avenue, N. W. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. AIl parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 25th day of June , 1986. Please publish in full twice, once on Friday, June 27, 1986, and once on Friday, July 4, 1986, in The Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 City Clerk Please bill to: Evans B. Jessee, Attorney 404 Shenandoah Building ROanoke. Vir~ Office of the City Clerk June 30, !986 File #51 Mr. Evans B, Jessee Attorney 404 Shenandoah Building Roanoke, Virginia 24011 Dear ~Ir. Jessee: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your client, The Most Reverend Walter F. Sullivan, that a tract of land containing approximately 5.2 acres, located on the westerly side of North Jefferson Street, bounded on the west by Gainsboro Road, N. W. and on one south by Patton Avenue, N. w., and designated as Official Tax Nos. 2021802, 2021901, 2021902, and 2011001, including a previously closed portion of Rutherford Avenue, lq. W., be rezoned from C-4, Central Business Expansion District, to RG-2, General Residential District. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, July 14, 1986, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the recommended rezoning, which were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William M. Hackworth Assistant City Attorney 981-2431. ' , at Sincerely, Mary F. Parker, CMC City Clerk Room 456 Munici~aI Buliding 215 (~urch Avenue, S.W. I~oano~e, Virginia 24~1 t (703) 981-254~1 Mr. Evans B. Jessee Page 2 June 30, 1986 cc: Westinghouse Electric Corporation, Westinghouse Building-Tax Department, Gateway Center, Pittsburgh, Pennsylvania 15222 Mr. Herbert D. McBride, Executive Director, City of Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Gainsboro Neighborhood Development Corporation, 604 Gainsboro Road, N. W., Roanoke, Virginia 24017 Hunton Branch YMCA, 416 Gainsboro Road, N. W., Roanoke, Virginia 24016 Claytor, Inc., 811 Grayson Avenue, N. W., Roanoke, Virginia 24016 First Baptist Church, Jefferson Street and Gilmer Avenue, N. W., Roanoke, Virginia 24016 St. Andrew's Catholic Church, 631 Jefferson Street, N. E., Roanoke, Virginia 24016 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mrs. Nora Piotrowski, Drafting Technician Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von W. Moody, III, Deputy Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney CITY TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING OF: Request from the Most Reverend Walter F. Sullivan, ) represented by Mr. Evans B. Jessee, Attorney, that ) a tract of land located on the westerly side of ) Jefferson Street and running west to Gainsboro Road) and south to Patton Avenue, N.W., containing ) approximately 5.2 acres, and being designated as ) Official Tax Nos. 2021802, 2021901, 2021902 and ) 2011001, including a portion of a previously closed) section of Rutherford Avenue, N.W., be rezoned from) C-4, Central Business District to RG-2, General ) Residential District. 28 AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Kimberly Duncan Spoon, first being duly sworn, states that she is secretary in the Office of Community Planning, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 23rd day of May, 1986, notices of a public hearing to be held on the 4th day of June, 1986, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 2022301 3022930 Westinghouse Electric Corp. Westinghouse Building- Tax Department Gateway Center Pittsburgh, PA 15222 2022402 2021788 2021789 2010909 2010922 2010918 2010919 City of Roanoke Redevelopment and Housing Authority P. O. Box 6359 Roanoke, Virginia 24017 2021685 2021695 Gainsboro Neighborhood Development Corporation 604 Gainsboro Road, N.W. Roanoke, Virginia 24017 2011712 Hunton Branch YMCA 416 Gainsboro Road, N.W. Roanoke, Virginia 24016 2011901 Claytor, Inc. 811Grayson Avenue, N.W. Roanoke, Virginia 24016 3011401 First Baptist Church Jefferson St. & Gilmer Roanoke, Virginia 24016 3023001 St. Andrew's Catholic Church 631 Jefferson Street, NE Roanoke, Virginia 24016 Kimberly ~ncan Spoon SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of May, 1986. Notary Public My Comission Expires: NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, June 4, 1986, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, in order to consider the following: Request from the Most Reverend Walter F. Sullivan, represented by Mr. Evans B. Jessee, Attorney, that a tract of land located on the westerly side of Jefferson Street and running west to Gainsboro Road and south to Patton Avenue, N.W., containing approximately 5.2 acres, and being designated as Official Tax Nos. 2021802, 2021901, 2021902 and 2011001, including a portion of a previously closed section of Rutherford Avenue, N.W., be rezoned from C-4, Central Business District to RG-2, General Residential District. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please run in the morning edition on Tuesday, Please run in the evening edition on Tuesday, Please send affidavit of publication to: Office of Community Planning, Room 355, Muncipal Building, Roanoke, VA 24011 Please bill: Mr. Evans B. Jessee, Attorney 404 Shenandoah Building Roanke, VA 24011 May 20, 1986 May 27, 1986 Misc. 5/27/86 - Council; C. Mgr. Office of the CJ~ C]e~ May 20, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition and list of property owners from Mr. Evans B. Jessee, Attorney, representing The Reverend Walter F. Sullivan, Bishop of the Roman Catholic Diocese of Richmond, Virginia, requesting that a tract of land containing approximately 5.2 acres, located on the westerly side of North Jefferson Street, bounded on the west by Gainsboro Road, N. W. and on the south by Patton Avenue, N. W., and designated as Official Tax Nos. 2021802, 2021901, 2021902, and 2011001, including a closed portion of Rutherford Avenue, N. W., be rezoned from C-4, Central Business Expansion District, to RG-2, General Residential District. Si ncerely, Mary F. Parker, CMC City Clerk MFP:se EriC. CC: Mr. Evans B. Jessee, Attorney, 404 Shenandoah Building, Roanoke, Virginia 24011 Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room 456 Municipal Building 2'~ $ Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office c~ ~ City C~en~ July 31, 1986 File #51 Mr. Edward A. Natt Attorney 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinance No. 28239, rezoning a tract of land containing approximately 2.0 acres, located south of the N & W Railway right-of-way and west of Murray Road, S. W., designated as a portion of Official Tax Nos. 5210601, 5210605, 5210606, 5210607 and 5210608, from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain proffered conditions, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, July 14, 1986, also adopted by the Council on second reading on Monday, July 28, 1986, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room 456 Municl~pal Building 215 Church Avenue, S.W. Roanoke, Virginia 240t I (703) 98t-2541 Mr. Edward A. Natt Page 2 July 31, 1986 cc: Mr. Gus Pappas, 3601Brandon Avenue, S. W., Roanoke, Virg nia 24018 Mr. Richard J. Milan, 3609 Brandon Avenue, S. W., Roanoke, Virginia 24018 Mr. Eugene B. Knighton, 4705 Brambleton Avenue, S. W., Roanoke, Virginia 24018 Ferguson Enterprises, Inc., P. O. Box 4815, Roanoke, Virginia 24015 Harvey'S Cleaners, Inc., 3411Brambleton Avenue, S. W., Roanoke, Virginia 24018 Paramount Real Estate Investment, Inc., P. O. Box 4367, Roanoke, Virginia 24015 Raeford L. Goode, P. O. Box 4170, Roanoke, Virginia 24015 Mr. Richard H. Neal, 3000 Murray Road, Roanoke, Virginia 24018 Val ey 24018 Norfolk-Southe Roanoke, Vir9i Mr. Gordon N. Commission, P Rich Dairy, 3612 Aerial Way Drive, Roanoke, Virginia rn Corporation, 8 North jefferson Street, nia 24011 Dixon, Executive Director, Fifth Planning District · O. Box 2569, Roanoke, Virginia 24010 Goode, Chairman, City Planning Commission City Planning Commission Mrs Mrs Mr Mr Mr Mr Mr Admi Mr. Mr. Mr. Ms. Mr. Mr. Susan S. Martha P. Franklin, Secretary, W. Robert Herbert, City Manager William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Kit B. Kiser, Director of Utilities and Operations Ronald H. Miller, Building Commissioner and Zoning nistrator L. Elwood Norris, Chairman, Board of Zoning Appeals Jerome S. Howard, Jr., Commissioner of Revenue Von W. Moody, III, Deputy Director of Real Estate Doris Layne, Office of Real Estate Valuation William M. Hackworth, Assistant City Attorney Wilburn C. Dibling, Jr., City Attorney Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, The 28th day of July, 1986. VIRGINIA, AN ORDINANCE No. 28239. to amend §§36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 521, Sectional 1976 Zone Map, City to of Roanoke, to rezone certain property within the City, subject certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, sub- jeet to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36-541, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recon~nendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on July 14, 1986, after due and timely notice thereof as required by §36-541, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36-3 and 36-4, Code of the C~ty of Roanoke (1979), as amended, and Sheet No. 521 of the Sectional 1976 Z01ne Map, City of Roanoke, be amended in the following particular and no other: Property described as BEGINNING at a point at the south- east corner of the property of Joe Bandy & Son; thence from said point S. 84° 35' W. 259.71 feet to a point; thence N. 64° 47' 30" W. 81.68 feet to a point; thence from said point S. 85~ 04' W. 82.0 feet to a point; thence from said point N. 8~ 21' W. 180.0 feet to a point; thence S. 84~ 35' W. 425.0 feet to a point; thence S. 2° 0' E. 220 feet to the point and place of BEGINNING; and designated on Sheet No. 521 of the Sectional 1976 Zone Map, City of Roanoke, as a portion of Officia! Tax Nos. 5210601, 5210605, 5210606, 5210607 and 5210608, be, and is hereby rezoned from C-2, Genera! Commercial District, to LM, Light Manufacturing District, subject to those conditions proffered by and set forth in the Second Amended Petition to Rezone filed with the City Clerk on June 19, 1986, and that Sheet No. 521 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission July 14, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Joe Bandy and Son, Inc., represented by Edward A. Natt, Attorney, that approximately 3.5 acres of land situate south of the Norfolk and Western Railway right-of-way and west of Murry Road, S.W., Official Tax Nos. 5210601, 5210605, 5210606, 5210607 and 5210608, be rezoned from C-2, General Commercial District to LM, Light Manufacturing District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Back~round: Petition submitted on March 13, 1986, requested rezoning to LM for the purpose of operating the existing business and a concrete forming business. B. Staff recommended denial of the request. Plannin~ Commission, at a public hearing on April 2, 1986, voted unanimously to continue the hearing. II. Current Situation: me Amended petition submitted on May 27, 1986, requests rezoning to LM for the purpose of operating the existing business and to permit construction of fifteen (15) individual office/ warehouse units. Staff recommendation to the Planning Commission was to deny the rezoning request until such time as the petitioner's entire development conformed to the LM district regulations. Ce Plannin~ Commission held a public hearing on this matter on June 4, 1986. No public presentations were made in opposition to the proposed rezoning. Room 355 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 2401 t (703) 981-2344 III. Petitioner verbally agreed to reduce the area to be rezoned to include only the two (2) acres of the petitioner's site surrounding the office/warehouse buildings. The remainder of the site would remain zoned C-2. Second amended petition was submitted on June 17, 1986. Land use proffered by the petitioner, that being fifteen office/warehouse units, would be compatible with surrounding development. Existing use of the remainder of the site for the storage and repair of construction equipment would continue to be non-conforming whether the site is zoned C-2 or LM. Zoning of the site and surrounding area is C-2. Staff had determined that the zoning is indicative of the existing development in the area. Rezoning the site to permit the operation of a construction equipment repair and storage operation would not be consistent with the intent of the Zoning Ordinance. Rezoning to permit only the office/ warehouse operation would be consistent with the intent of the ordinance. Traffic potentially generated from the site could be significantly reduced by rezoning to LM. This may reduce the future need for street and intersection improvements on Murry Road and Lee Highway. Utilities in the area have the capacity to handle the anticipated increase in demand. Neighborhood impact would be limited. Impact due to the visual character of the existing business would be unchanged. Proposed office/warehouse operation should have no detrimental impact on the area and may reduce the visibility of the existing construction equipment operation. The lack of buffering or landscaping remains a concern. Comprehensive Plan would be followed in that the rezoning of property only for the office/warehouse development would permit a compatible use and the eventual elimination of the non-conforming use would continue to be encouraged. IV. Alternatives: A. Recommend approval of rezoning petition. Land use would be compatible with surrounding development and would serve to further screen the existing non- conforming business. 2. Zoning would become LM. 3. Traffic potential is decreased. 4. Utilities would not be significantly effected. 5. Neighborhood would not be affected. Proposed use is compatible with surrounding development. 6. Comprehensive Plan would not be followed. B. Recommend denial of the rezoning petition. 1. Land use remains non-conforming. Visual character of the site is unimproved. 2. Zonin~ remains C-2, which is consistent with surrounding development. Intent of the Zoning Ordinance is maintained. 3. Traffic potential remains high at approximately 2,000 trips per day. 4. Utilities would not be a factor. 5. Neighborhood would not change. 6. Comprehensive Plan would be followed. V. Recommendation: By a vote of 4-0 (Messrs. Bradshaw, Sowers and Waldvogel absent), the Planning Commission recon~ends that Council approve the rezoning request as amended by the petitioner. Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission JEM:mpf attachments cc: Assistant City Manager Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Acting Zoning Administrator Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land ) containing approximately 2.0acres ) and being situate south of the ) Norfolk & Western Railway right-of-) way and west of Murray Road from ) C-2, General Commercial District ) to LM, Light Manufacturing, subject) to certain conditions. ) SECOND AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioner, Joe Bandy & Son, Inc., owns a certain tract of land located in the City of Roanoke, Vir- ginia, containing 2.0 acres, located south of the Norfolk & Western Railway right-of-way and west of Murray Road in the City of Roanoke, and designated on Roanoke City Maps as a portion of Official Tax Nos. 5210601, 5210606, 5210607 and 5210608; the said tract is zoned C-2, General Commercial District. A survey of property to be rezoned is attached as Exhibit A and described as follows: Appraisal 5210605, currently the is BEGINNING at a point at the southeast corner of the property of Joe Bandy & Son; thence from said point S. 84° 35' W. 259.71 feet to a point; thence N. 64° 47' 30" W. 81.68 feet to a point; thence from said point S. 85° 04' W. 82.0 feet to a point; thence from said point N. 8° 21' W. 180.0 feet to a point; thence S. 84° 35' W. 425.0 feet to a point; thence S. 2° 0' E. 220 feet to the point and place of BEGINNING 2. Pursuant to Article VII and Article VIII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, for the purpose of providing for the construction of fifteen (15) individual office/warehouse units. 3. The Petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that said use will be consistent with uses of adjoining property in the Light Manufacturing District. 4. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: fifteen 5. a. That the tract as rezoned will be used for office/warehouse units. Attached as Exhibit C are the names and addresses of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C. 1919 Electric Road, S.W. Roanoke, Virginia 24018 JOE B~NDY & SON, INC.. Of Ill 7~ Ill Inl I Inl PUBL ISHE'R*S FEE g7~,,,z,, EDWARD A WATT 1919 ELECTRIC RD SW ROANOKE VA 240t~] STATE OF VIRGINIA O ITY OF ROANOKE AFFIDAVIT OF PUD, LICATIDN I, (THE UNDERSIGNED) AN OFFICER DF TIMES-WORLD CORPORATION, ~/HICH COR- PORATION IS PUBLISHEF OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPSR PUBLISHEO IN F, OANOKE, IN THE STATE OF V I~GiNIA~ DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS DN THE FOLLOWING DALES 06/27/86 MORNING 07/04/86 MORNING WITNESS, · UDhlC~P'S SIGN~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, July 14, 1986, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from C-2, General Commercial District, to LM, Light Manufacturing District, the following property: An approximately 2-acre tract of land fronting on Murray Road, S. W., to be subdivided out of an approximately 3.5-acre tract of land consisting of lots identified by Official Tax Nos. 5210601, 5210605, 5210606, 5210607 and 5210608. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 25th day of June ,1986 Please publish in full twice, once on Friday, June 27, 1986, and once on Friday, July 4, 1986, in The Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 City Clerk Please bill to: Edward A. Natt, Attorney 1919 Electric Road, S. W. Roanoke, Virginia 24018 Office of the City Cle~ June 30, 1986 File #51 Mr. Edward A. Natt Attorney 1919 Electric Road, S. H. RoanoKe, Virginia 24018 Dear Mr. Natt: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of ~oanoke grant the request of your client, Joe Bandy and Son, Inc., that a tract of land containing approximately 2.0 acres, located sout~ of the N ~ W Railway right-of-way and west of Murray Road, S. W., and designated as a portion of Official Tax Nos. 5210601, 5210605, 5210606, 521~07 and 521U608, be rezoned from C-2, General Commercial District, to LM, Light ~anufacturing District, subject to certain proffered conditions. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, July 14, 1986, at 7:30 p.m., in the Council Chamber, fourth floor of the ~unicipa| Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the recommended rezoning, which were prepared by the City Attorney's Office. Please review the Ordinance and if you nave any questions, you may contact Mr. Hilliam M. Hackwortn, Assistant City Attorney, at 981-2~31. Sincerely, Hary F. Parker, CMC City Clerk MFP:se Eric. Room456 MunlclpolBuilding 215 Church Av~nue. S.W. Roanc~e, Vlrginla24011 (703) 981-2541 Mr. Edward A. Natt Page 2 June 30, 1986 cc: Mr. Gus Pappas, 3601 8randon Avenue, S. W., Roanoke, Virginia 24018 Mr. Richard J. Milan, 3609 8randon Avenue, S. W., Roanoke, Virginia 24018 Mr. Eugene B. Knighton, 4705 Brambleton Avenue, S. W., Roanoke, Virginia 24018 Ferguson Enterprises, Inc., P. O. Box 4815, Roanoke, Virginia 24015 Harvey's Cleaners, Inc., 3411Brambleton Avenue, S. W., Roanoke, Virginia 24018 Paramount Real Estate Investment, Inc., P. O. Box 4367, Roanoke, Virginia 24015 Raeford L. Goode, P. O. Box 4170, Roanoke, Virginia 24015 Mr. Richard H. Neal, 3000 Murray Road, Roanoke, Virginia 24018 Valley Rich Dairy, 3612 Aerial Way Drive, Roanoke, Virginia 24018 Norfolk-Southern Corporation, 8 North Jefferson Street, Roanoke, Virginia 24011 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mrs. Nora Piotrowski, Drafting Technician Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von W. Moody, III, Deputy Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney Office of the City Clen~ June 23, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended peti- tion from Mr. Edward A. Natt, Attorney, representing Joe Bandy & Son, Inc., requesting that a tract of land containing approxi- mately 2.0 acres, located south of the N & W Railway right-of-way and west of Murray Road, S. W., and designated as a portion of Official Tax Nos. 5210601, 5210605, 5210606, 5210607 and 5210608, be rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain proffered con- ditions. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enco cc: Mr. Edward A. Natt, Attorney, 1919 Electric Road, Roanoke, Virginia 24018 Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room 4.56 Municipal Building 215 G~urch A~nue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Roanoke Ci~/Planning Commission June 11, 1986 Mr. Edward A. Nati, Attorney 1919 Electric Road, S.W. Roanoke, VA 24018 Dear Mr. Natt: On June 4, 1986, your petition to rezone property located on Lee Highway, S.W. was amended during the Planning Commission public hearing. Please prepare an amended petition and site plan and submit them to the City Clerk, fourth floor, Municipal Building, no later than 5:00 p.m., Friday, June, 13, 1986. Failure to submit your amended petition within this time period will result in our inability to forward your request to Council for their next regularly scheduled public hearing date. Thank you for your attention to this matter. If you have questions, please do not hesitate to contact the Planning office. Sincerely, Martha P. Franklin, Secretary Roanoke City Plamning Commission ce: Mary F. Parker, City Clerk Room 355 Municipal Building 215 Church Avenue, SW. Poanoke, Virginia 24011 (703) 981-2344 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING OF: Request from Joe Bandy & Son, Inc., represented by Edward A. Natt, Attorney, that approximately ) 3.5 acres of land situate south of the Norfolk ) and Western Railway right-of-way and west of ) Murray Road, S.W., Official Tax Nos. 5210601, ) 5210605, 5210606 and 5210608, be rezoned from C-2, ) General Residential District to LM, Light ) Manufacturing District, such rezoning to be subject) to certain conditions proffered by the petitioner. ) '86 28 ) AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Kimberly Duncan Spoon, first being duly sworn, states that she is secretary in the Office of Community Planning, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 23rd day of May, 1986, notices of a public hearing to be held on the 4th day of June, 1986, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 5210604 Gus Pappas 3601Brandon Avenue, SW Roanoke Virginia 24018 5210603 Richard J. Milan 3609 Brandon Avenue, SW Roanoke Virginia 24018 5210602 Eugene B. Knighten 4705 Brambleton Ave., SW Roanoke Virginia 24018 5210101 Ferguson Enterprises, Inc. P. O. Box 4815 Roanoke Virginia 24015 5200201 Harvey's Cleaners, Inc. 3411Brambleton Ave., SW Roanoke Virginia 24018 5200202 Paramount Real Estate Investment, Inc. P. O. Box 4367 Roanoke Virginia 24015 5200204 Raeford L. Goode P. O. Box 4170 Roanoke Virginia 24015 5210701 Richard H. Neal 3000 Murray Road Roanoke. Virginia 24018 5210712 Valley Rich Dairy 3612 Aerial Way Drive Roanoke Virginia 24018 Norfolk Southern Corp. Jefferson Street Roanoke Virginia 24011 Kimberly ~uncan Spoon SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of May, 1986. Notary Public My Commission Expires: ~isc. 6/2/86 - Council; C. "gr. (~flce o~ ~e Qty Oed~ May 27, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Mr. Edward A. Natt, Attorney, representing Joe 8andy & Son, Inc., requesting that a tract of land containing approximately 3.5 acres, located south of the N & W Railway right-of-way and west of Murray Road, S. W., and designated as Official Tax Nos. 5210601, 5210605, 5210606, 5210607 and 5210608, be rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain proffered conditions. Si ncerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. Edward A. Natt, Attorney, 1919 Electric Road, S. W., Roanoke, Virginia 24018 Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room 456 Municipal Building 215 C~urch Avenue, 5.W. Roanoke, Virginia 24011 (703) 98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land ) containing approximately 3.5 acres ) AMENDED and being situate south of the ) PETITION Norfolk & Western Railway right-of-) TO way and west of Murray Road from ) REZONE C-2, General Commercial District ) to LM, Light Manufacturing, subject) to certain conditions. ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioner, Joe Bandy & Son, Inc., owns a certain tract of land located in the City of Roanoke, Vir- ginia, containing 3.5 acres, located south of the Norfolk & Western Railway right-of-way and west of Murray Road in the City of Roanoke, and designated on Roanoke City Appraisal Maps as Official Tax Nos. 5210601, 5210605, 5210606, 5210607 and 5210608; the said tract is currently zoned C-2, General Commercial District. A survey of the property to be rezoned is attached as Exhibit A. 2. Pursuant to Article VII and Article VIII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from C-2, General Commercial District, to LM, Light Manufac- turing District, for the purpose of bringing the present operation on the property in conformance with the existing zoning ordinance and to provide for the construction of fifteen (15) individual office/warehouse units, all in accordance with the attached site plan. 3. The Petitioner believes that the said tract of land will further the the rezoning of intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that said use will be consistent with uses of adjoining property in the Light Manufacturing District. 4. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: a. That the tract as rezoned will be used for the existing use and for fifteen (15) office/warehouse units. 5. Attached as Exhibit C are the names and addresses of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C. 1919 Electric Road, S.W. Roanoke, Virginia 24018 JOE BANDY & SON, INC. Of Counsel 2 ·" EXHIBIT ~L j ~ A SUrVeY % ~. ~ I.G. CLARK ~ U. S. HWy. R~ NO. II k;~- -- ~ ;~-; 'LE~ HIGHWAY N*~,~ s.~ - ,.__ . PL~T OF SURVEY OF-1~2'~C~ ~, PEOP=R~ OF FAA K E AHSCLL ANO LOUISE E, AN~[LL T0 ~E C014VEYED T0 JOE0. EAHDY, IDA M.~ANDY, HIS WIF[, AND 0THER~ ~It'I~'~fJRTH PART Z.008 AC. TRACT AHb LOT 5 a HORTH PART LOT I ROANOKE COUNTY; B'r: C.B.~.?~.~cou~ ~ ~o, VIRGINIA. ~18Z58-- · mo~ EXHIBIT B C. .JOHN RENICK Febzuary 24, 1986 Mr. l~Dn Miller P~anoke City Zoning ~dm. Municipal Building · Roanoke, Virginia 24014 Re: Offfcial % 5210605 & 5210606 Dear Mr. Miller: Please be advised that I represent the owner of a tract of land located in Roanoke City having official numbers 5210605 and 5210606. Lot ~5210605 is unimproved and Lot #5210606 has an existing building leased to "Tip-N-Twinkle". A new business has made inquiry of the present owner, and desires to operate a "c~ent fonmin~" operation on the tw~ parcels. The question of proper zoning was raised by the present owner. My client has been advised that all cement will be delivered to the premises in c~rent trucks ready for pouring. Steel molds will be placed on pallets, liquid cement poured f~'~'.u the trucks .into the molds, and allowed tO air dry. The molds, after drying, will be r~L.,~ed, and the fin/shed pro- duct delivered by truck to the job site.: Man-holes and drop-inlets are the items to be cast. ~e entire operation will be con~ned within the building. No more than four trucks per d~y will be used. There will be no waste product and no noise involved in t_hm entire operation. We would appreciate your consideration as to whether or not this operation falls within the existing zcning, or whet/~er or not t2qe present "mz~.ufac~arLng" operation of Tip-N-Twi_~kle. 9~=~.dfatiners its use for t~he new business. Awaiting your reply, I ~m o EXHIBIT C LIST OF ADJOINING PROPERTY OWNERS Gus Pappas 1503 Roanoke Avenue Roanoke, VA 24015 5210604 Richard J. Milan 3609 Brandon AVenue Roanoke VA 24018 5210603 Eugene B. Knighton 4705 Brambleton Avenue Roanoke, VA 24018 5210602 Ferguson Enterprises, P. O. Box 4815 Roanoke, VA 24015 Inc.5210101 Harvey's Cleaners, Inc.. 3411 Brambleton Avenue ' Roanoke, VA 24018 Paramount Real~ Estate Inves~-men~, Inc. P. O. Box 4637 Roanoke, VA 24015 5200201 5200202 Raeford L. Goode P. O. Box 4170 Roanoke, VA 24015 5200204 Richard H. Neal 3000 Murray Road Roanoke, VA 24018 5210701 10. Valley Rich Dairy 3621 Aerial Way Drive Roanoke, VA 24018 Norfolk Southern Corp. Jefferson Street Roanoke, VA 24011 5210712 2 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING OF: '86~ .~*~ ~ ~!~ ~:~' ~ Request from Joe Bandy & Son, Inc., represented by Edward A. ) Natt, Attorney, that approximately 3.5 acres of land situate ) south of the Norfolk and Western Railway right-of-way and west) of Murray Road, S.W., Official Tax Nos. 5210601, 5210605, )AFFI- 5210606, 5210607 and 5210608, be rezoned from C-2, General )DAVIT Residential District to LM, Light Manufacturing District, such) rezoning to be subject to certain conditions proffered by the ) petitioner. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 24th day of March, 1986, notices of a public hearing to be held on the 2nd day of April, 1986, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT 5210604 Gus Pappas 5210603 Richard J. Milan 5210602 Eugene B. Knighton 5210101 Ferguson Enterprises, Inc. 5200201 Harvey's Cleaners, Inc. 5200202 Paramount Real Estate Investment 5200204 Raeford L. Goode 5210701 Richard H. Neal 5210712 Valley Rich Dairy Norfolk Southern Corporation ADDRESS 3601 Brandon Avenue, SW Roanoke VA 24018 3609 Brandon Avenue Roanoke VA 24018 4705 Brambleton Avenue Roanoke VA 24018 P.O. Box 4815 Roanoke~ VA 24015 3411 Brambleton Avenue Roanoke~ VA 24018 P.O. Box 4367 Roanoke~ VA 24015 P.O. Box 4170 Roanoke. VA 24015 3000 Murray Road Roanoke. VA 24018 3621 Aerial Way Drive Roanoke. VA 24018 8 North Jefferson Street Roanoke VA 24011 Mar't4~aPace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of March, 1986. Notary Public mmission Expires: 7./?XP NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION The Roanoke City Planning Commission will hold a public hearing on Wednesday, April 2, 1986, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, in order to consider the following: Request from Joe Bandy & Son, Inc., represented by Edward A. Natt, Attorney, that approximately 3.5 acres of land situate south of the Norfolk and Western Railway right-of-way and west of Murray Road, S.W., Official Tax Nos. 5210601, 5210605, 5210606, 5210607 and 5210608, be rezoned from C-2, General Residential District to LM, Light Manufacturing District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Earl B. Reynolds, Jr., Secretary Roanoke City Planning Commission Please run in the morning edition on Tuesday, March 18, 1986. Please run in the evening edition on Tuesday, March 25, 1986. Please send affidavit of publication to: Office of Community Planning, Room 355, Muncipal Building, Roanoke, VA 24011 Please bill: Mr. Edward Natt Osterhoudt, Ferguson, Natt, Aheron and Agee 1919 Electric Road Roanoke, VA 24018 Misc. 3/24/86 - Council; C. Mgr. March 13, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition and list of property owners from Mr. Edward A. Natt, Attorney, representing Joe Bandy & Son, Inc., requesting that a tract of lan~containing approximately 3.5 acres, located south of the N & W Railway right-of-way and west of Murray Road, S. W., and designated as Official Tax Nos. 5210605, 5210606, 5210607 and 5210608, be rezoned from C-2, General Commercial District, to LM, Liqht Manufacturing District, subject to certain proffered condition~. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enco cc: Mr. Edward A. Natt, Attorney, 1919 Electric Road, S. Roanoke, Virginia 24018 Mr. Earl B. Reynolds, Jr., Secretary, City Planning Commission Mr. Ronald H. Miller, Acting Zoning Administrator Mr. Nilliam M. Hackworth, Assistant City Attorney Room456 MunicipalBuilding 215 Church Avenue, S.W. Roanoke, Virgtnia24011 (703) 981-2541 IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA '86 HA ! 13 Rezoning of a tract of land ) containing approximately 3.5 acres ) and being situtate south of the ) PETITION Norfolk & Western Railway right-of-) TO way and west of Murray Road from ) REZONE C-2, General Commercial District ) to LM, Light Manufacturing, subject) to certain conditions. ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: PI :14 parcels of land in accordance with the attached letter Exhibit B). 3. The Petitioner believes that the rezoning of the said tract of land will further the intent and purposes 2. Pursant to Article VII and Article VIII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from C-2, General Commercial District, to LM, Light Manufactur- ing District, for the purpose of operating a cement forming operation in conjunction with its existing operations on the 1. The Petitioner, Joe Bandy & Son, Inc., owns a certain tract of land located in the City of Roanoke, Virginia, containing 3.5 acres, located south of the Norfolk & Western Railway right-of-way and west of Murray Road in the City of Roanoke, and designated on Roanoke City Appraisal Maps as Official Tax Nos. 5210601, 5210605, 5210606, 5210607 and 5210608; the said tract is currently zoned C-2, General Commercial District. A survey of the property to be rezoned is attached as Exhibit A. of the City's Zoning Ordinance and its comprehensive plan, in that said use will be consistent with uses of adjoining property in the Light Manufacturing District. 4. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: a. That the tract as rezoned will be used only for its existing use and for a cement forming operation and storage facility for products formed on the site. b. That the entire operation will be contained within the structures on the property except for storage. 5. Attached as Exhibit C are the names and addresses of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C. 1919 Electric Road, S.W. Roanoke, Virginia 24018 JOE B~NDY & SON, INC. Of Counsel 2 EXHIBIT A ~.. 'AN G E I, ~'~J AC.'E'~ACT FILE; SURVEY FOR G. CLARK PL. BK. I- P&, Z'I 5 ESSO ISTANDARD PLAT OF SURVEY OF I,~02 AC~~ ~ T0 BE CONVEYED T0 ~'~ JOE O. BANDY, IDA M. BANPY, HIS WIFE., AND OTHERS [EIf. I~'~0RTH PART ~.008 AC. TRACT A~b LOT 5 ~ NORTH PART LOT MAP OF A SURVEY FOR I.G. ROANOKE COUNTY; s'¢: C.S.U*.Lcou~ ~ So, VIRGINIA. DATE: EAHUAAY 9 ,196~. svAv~ C~T.E~6~S. SCALE: + 18258 EXHIBIT B C. JOHN RENICK February 24, 1986 TELEPHONE ?03-772-2g06 Mr. Ron Miller Roanoke City Zoning A~m. Municipal Building Roanoke, Virginia 24014 Re: Official # 5210605 & ~210606 Dear Mr. Miller: Please be advised that I represent the owner of a tract of land now located in Roanoke City having official numbers 5210605 and 5210606. Lot #5210605 is unimproved and Lot #5210606 has an existing building leased to "Tip-N-Twinkle". A new business has made inquiry of the present owner, and desires to operate a "c~ent forming" operation on the two parcels. The question of proper zoning was raised by the present owner. My client has been advised that all cement will be delivered to the premises in c~t trucks ready for pouring. Steel molds will be placed on pallets, liquid cen~ntpoured frc~the trucks into the molds, and allc~ed to air dry. The molds, after drying, will be removed, and the finished pro- duct delivered by truck to the job site. Man-holes and drop-inlets are the items to be cast. The entire operation will be contained within the building. No more than four trucks per d~y will be used. There will be no waste product and no noise involved in the entire operation. We would appreciate your consideration as to whether or not this operation falls within the existing zoning, or whether or not the present "manufacturing" operation of Tip-N-Twinkl~ grandfathers its use for the new business. Awaiting your reply, I am o EXHIBIT C LIST OF ADJOINING PROPERTY OWNERS Gus Pappas 1503 Roanoke Avenue Roanoke, VA 24015 5210604 Richard J. Milan 3609 Brandon AVenue Roanoke, VA 24018 5210603 Eugene B. Knighton 4705 Brambleton Avenue Roanoke, VA 24018 5210602 Ferguson Enterprises, P. O. Box 4815 Roanoke, VA 24015 Inc.5210101 Harvey's Cleaners, Inc. 3411 Brambleton Avenue Roanoke, VA 24018 Paramount Real Estate Investment, Inc. P. O. Box 4637 Roanoke, VA 24015 5200201 5200202 Raeford L. Goode P. O. Box 4170 Roanoke, VA 24015 5200204 Richard H. Neal 3000 Murray Road Roanoke, VA 24018 5210701 o Valley Rich Dairy 3621 Aerial Way Drive Roanoke, VA 24018 5210712 10. Norfolk Southern Corp. Jefferson Street Roanoke, VA 24011 2 Office c~ ~ O~y Qe~ July 31, 1986 File #51 Mr. Thomas A. Kiser 1914 Oxford Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Kiser: I am enclosing copy of Ordinance No. 28240, rezoning a tract of land containing approximately 1/5 acre, located at 1911 Memorial Avenue, S. W., between Memorial Avenue and Denniston Avenue, being a portion of Lots 14 and 15, Block 5, Section 1, Virginia Heights, designated as Official Tax No. 1330302, from C-1, Office and Institutional District, to C-2, General Commercial District, subject to certain proffered conditions, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, July 14, 1986, also adopted by the Council on second reading on Monday, July 28, 1986, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CHC City Clerk MFP:se Eric. Room 456 Municipal Building 215 Church Avemue, S.W. Roanoke, Virginia 24011 (703) 98t-2541 Mr. Thomas A. Kiser Page 2 July 31, 1986 cc: Roanoke City School Board, 40 Douglas Avenue, N. W. Roanoke, Virginia 24017 ' Mr. Max W. Davis, 1919 Denniston Avenue, S. W Roanoke Virginia 24015 '' ' Mr. James Robert Shively, P. O. Box 8691 Roanoke, Virginia 24014 ' Mr. Paul J. Housman, 1901 Memorial Avenue, S W. Roanoke, Virginia 24014 ' ' Whiting Oil Company, p. O. Box 13026 Roanoke, Virginia 24030 ' Ms. Colette F. Davidson, p. O. Box 2865, Roanoke Virginia 24001 ' Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, p. O. Box 2569, Roanoke, Virginia 24010 Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von W. Moody, III, Deputy Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney IN THE COUNCIL OF THE CITy OF ROANOKE, VIRGINIA, The 28th day of July, 1986. No. 2824.0. AN ORDINANCE to amend §§36-3 and 36-4, ~ode of the City of Roanoke (1979). as amended, and Sheet No. 133, S~ctional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-1, Office and Institutional District, to C-2, General Con~nercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36-541, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on July 14, 1986, after due and timely notice thereof as required by §36-541, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and ~tEREAS0 this Council, after tion, the recommendation made to Commission, the considering the aforesaid applica- the Council by the Planning City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 133 of the Sectional 1976 Zdne Map, City of Roanoke, be amended in the following particular and no other: Property described as a one-fifth acre tract of land located at 1911 Memorial Avenue, S. W., designated on Sheet No. 133 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1330302 be, and is hereby rezoned from C-l, Office and Institutional District, to C-2, General Corrgnereial District, subject to those conditions prof- fered by and set forth in the Amended Petition to Rezone filed with the City Clerk on June 5, 1986, and that Sheet No. 133 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission July 14, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Mr. Thomas A. Kiser that a tract of land located at 1911 Memorial Avenue, S.W., designated as Official Tax No. 1330302, be rezoned from C-i, Office and Institutional District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: Purpose of the rezoning is to permit the operation of a floral and gift shop on the site. Public hearing was held by the Planning Co~m~ission on June 4, 1986. Petitioner verbally proffered changes to the conditions of the petition at the public hearing. II. Current Situation: A. Planning staff recommends approval of the petition. Be Amended petition submitted on June 6, 1986, includes the following proffered condition: "the tract as rezoned will be used only for uses permitted in the C-1 district and/or for the purposes of operating a retail florist and gift shop and that the business will be located in the existing structure, with the addition of a storage room and a greenhouse." III. Issues: me Zoning is presently C-1. Proposed C-2 zoning, as proffered, would serve the same purpose as the existing C-1 zoning and would also result in the preservation of a structure which otherwise could be removed under the present zoning. Room 355 Municipal Building 215 Church Avenue, SW~ Roanoke, Virginia 2401 t (703) 981-2344 Be Land use proposed will have less of an impact on the neighborhood than potential uses permitted in the C-1 district. Ce Neighborhood concerns center on the of the rezoning on development potential of adjoining property. A neighborhood resident also voiced concern over the increased potential for automobile accidents that may result at the Denniston Avenue/ Memorial Avenue intersection. De Comprehensive Plan recommends the protection of existing residential areas, the preservation of existing buildings, and the creation or improvement of neighborhood commercial areas. IV. Alternatives: A. Recommend approval of the rezoning request. Zoning becomes C-2. Proffered conditions accomplish the same buffering and transitional characteristics of the existing C-1 district. Land use on the site changes from residential to commercial. Existing building is preserved. The impact of the proposed use on surrounding residential property will be minimal. Neighborhood will not be impacted significantly. the existing building will preserve the existing streetscape. Use of Comprehensive Plan would be followed. Compatible reuse of existing structure and added business development in a neighborhood commercial area support both residential and commercial objectives of the Comprehensive Plan. B. Recommend denial of the rezoning request. 1. Zoning remains C-1. 2. Land use unchanged. 3. Neighborhood unchanged. 4. Comprehensive Plan would be followed. IV. Recommendation: By a vote of 4-0 (Messrs, Bradshaw, Sowers and Waldvogel absent), the Planning Commission recommended approval of the rezoning request. Resp-ctfully submitted, Roanoke City Planning Commission JEM:mpf attachments CC: Assistant City Manager Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Petitioner IN THE COU~[CIL OF THE CITY OF ROA~[OKE, VIRGI~[IA RE: '$6 · Rezoning of a tract of land being a portion of lots 14 and 15, block 5, sec. 1, Virginia Heights P.B. 1, pg. 151, at 1911 Memorial Avenue S~, having Official Tax Wo. from C-i, Office and Institutional District to C-2, General Commercial District, subject to certain con- ditions. A[,IE~[DED PETITIOW TO REZO~[E TO THE HO~[0RABLE [,P%YOR A~[D '~Ef,[BERS OF THE COU~[CIL OF THE CITY OF ROAWOKE: 1. The petitioner, Thomas A. Kiser, has a contract to purchase a certain tract of land located in the City of Roanoke, Virginia, containing 1/5th (one/fifth)+ acre, at 1911 Memorial Avenue SW between Memorial Avenue SW and Denniston Avenue SW, and designated on Roanoke City Appraisal Maps as Official Tax ~[o. 133-0302, being a portion of lots 14 and 15, block 5, sec. 1, Virginia Heights P.B. 1, pg. 181; the said tract is currently zoned C-l, Office and Institutional District. A survey of the property to be rezoned is attached as Ez~ibit A. 2. Pursuant to Article VII and Article VIII of Chapter 86, Code of the City of Roanoke (1979), as amended, the petitioner requests that 'the said property be rezoned from C-i, Office and Institutional District to C-2, General Commercial District, subject to certain conditions set forth below for the purpose of operating a retail floral and gift shop. 3. The petitioner believes that the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will maintain a neighborhood core area and provide for a com- patible commercial development area near a residential meigh- borhood and provide for orderly development in this area. Furthermore, the petitioner has received expressed support from the Greater Raleigh Court Civic League for the petition to rezone said property for the purpose of operating a retail floral and gift shop. 4. The petitioner hereby proffers and agrees that if the said tract is rezoned as requested, the rezoning will be subject to, and that the petitioner will abide by the following condition: ethe tract as rezoned will be used only for uses permitted in the C-1 district and/ or for the purpose of operating a retail florist and gift shop and that the business will be located in the existing structure, with the addition of a storage room and a greenhouse. 5. Attached as Exhibit B are the names and addresses of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the petitioner requests that the above- described tract be zoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, Thomas A. [(iser 1914 Oxford Avenue SW Roanoke, Virginia 24015 Home Tele. ~[o. 981-1696 Work Tele. ~Io. ~45-1334 SURVEY FOR ~/~/~/~ ~/~ ~.//~ /~/ c,~c .... eY: T. P. PA~KER & SON cK'o, ENGINEER~ & ~URVEYOR~ ,LTD. EXHIBIT B -©i i ~o ~eoke, Virf{inia A~) NUMBER - 625681[) PUBLISHER~ S F $69.12 CITY OF ROANOKE C/C MARY F PARKER CITY CLERKS OFFICE ROOM ~+56 MUNICIPAL BLDG R£JANOK E VA 240ZI STATE OF VIRGINIA CITY OF FOANOKE AFFIDAVIT OF PUBLICATION I, ITHE UNDE~SIGNEDI AN OFFICER OF TIMES-WORLD CORPOFATION, WHICH COR- PORATION IS PU&LISHER OF THE POAN~KE TIMES [ ~ORLD-NEHS, A DA]LY NE~SDAPEF~ · UBLISHED IN ROANOKE, IN THE STATE ~F ~I~GINIA, DO CERTIFY THAT THE ANNEXED NOTICE ~AS PUBLISftED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 06/27/86 MORNING 0?/04/86 MORNING ~ ITNESS, 'ICEF S ,~IGNA~? NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, July 14, 1986, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from C-l, Office and Institutional District, to C-20 General Commercial District, the following property: A one-fifth acre tract of land located at 1911 Memorial Avenue, S. W., bearing Official Tax No. 1330302. This rezoning is to be subject to fered by the petitioner. for public inspection in Municipal Building. All appear on the above date and be heard on GIVEN under my hand this 25thday of certain conditions prof- A copy of this proposal is available the Office of the City Clerk, Room 456, parties in interest and citizens may the question. June ,~986 · Please publish in full twice, once on Friday, June 27, 1986, and once on Friday, July 4, 1986, in The Roanoke Times and World News, Morning Edition. Please send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 City Clerk June 30, 1986 File #51 Mr. Thomas A. Kiser 1914 Oxford Avenue, S. VI. RoanoKe, Virginia 24015 Dear Mr. Kiser: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant your request that a tract of land containing approximately 1/5 acre, located at 1911 Memorial Avenue, S. W., between Memorial Avenue and Denniston Avenue, S. W., being a portion of Lots 14 and 15, Block 5, Section 1, Virginia Heights, and designated as Official Tax No. 1330302, be rezoned from C-1, Office and Institutional District, to C-2, General Commercial District, subject to certain proffered conditions. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, July 14, 1986, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the recommended rezoning, which were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. Si ncerety, Mary F. Parker, CMC City Clerk I1FP:se Enc. Room456 MuniclpalBullding 215C~ur'c~Av~que, S.W.l~onc~e, Vlrglnia24011 (703)98t-2541 Mr. Thomas A. Kiser Page 2 June 30, 1986 cc: Roanoke City School Board, 40 Douglas Avenue, N. W., Roanoke, Virginia 24017 Mr. Max W. Davis, 1919 Denniston Avenue, S. W., Roanoke, Virginia 24015 Mr. James Robert Shively, P. O. Box 8691, Roanoke, Virginia 24014 Mr. Paul J. Housman, 1901 Memorial Avenue, S. W., Roanoke, Virginia 24014 Whiting Oil Company, P. O. Box 13026, Roanoke, Virginia 24030 Ms. Colette F, Davidson, P. O. Box 2865, Roanoke, Virginia 24001 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mrs. Nora Piotrowski, Drafting Technician Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von W. Moody, III, Deputy Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney June 30, 1986 / File #51-514 The Honorable ~layor and Members of RoanoKe City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, this is to advise you that I have set public hearings for Monday, July 14, 1986, at 7:30 p.m., on the following matters: (1) Request of Hr. Curtis W. Fitzgerald, representing Rafael and Gwendolyn S. Porres, t~at a portion of Frantz Street, N. W., approximately 499.21 feet in length, be permanently vacated, discontinued and closed. (2) Request of Mr. George 8. Jennings and Mrs. W. Jackson Shepherd that a certain tract of land located at 2610 Roanoke Avenue, S. W., containing approximately 1.842 acres, and designated as Official Tax No. 1430102, be rezoned from RS-3, Single Family Residential District, to LM, Light Manufacturing District. (3) Request of Mr. Evans ~. Jessee, Attorney, representing The Most Reverend Walter F. Sullivan, that a tract of land containing approximately 5.2 acres, located on the westerly side of North Jefferson Street, bounded on the west by Gainsboro Road, N. W. and on the south by Patton Avenue, N. W., and designated as Official Tax Nos. 2021802, 2021901, 2021902, and 2011D1~1, including a pre- viously closed portion of Rutherford Avenue, N. W., be rezoned from C-4, Central Business Expansion District, to RG-2, General Residential District. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 98t-2541 The Honorable Mayor and Members of Roanoke City Council Page 2 June 30, 1986 (4) Request of Mr. Edward A. Natt, Attorney, representing Joe Bandy and Son, Inc., that a tract of land containing approximately 2.0 acres, located south of the N & W Railway right-of-way and west of Murray Road, S. W., and designated as a portion of Official Tax Nos. 5210601, 5210605, 5210606, 5210607 and 5210608, be rezoned from C-2, General Commercial Oistrict, to LM, Light Manufacturing District, subject to certain proffered conditions. (5) Request of Mr. W. H. Fralin, Attorney, representing FFW Developers, that five parcels of land located on Hershberger Road near Cove Road, N. W., containing approximately 1.5 acres, and designated as Official Tax Nos. 2560801, 2560802, 2560814, 2560815 and 2560816, be rezoned from RS-3, Single Family Residential District, to RD, Ouplex Residential District. (6) /P~eX~uest of Mr. Thomas A. Kiser that a tract of land con- ~aining approximately 1/5 acre, located at 1911 Memorial Avenue, S. W., between Memorial Avenue and Denniston Avenue, S. W., being a portion of Lots 14 and 15, Block 5, Section 1, Virginia Heights, and designated as Official Tax No. 1330302, be rezoned from C-1, Office and Institutional District, to C-2, General Commercial District, subject to certain proffered conditions. For your information, I am enclosing copy of the City Planning Commission reports on the abovedescribed matters. If you desire additional information prior hearings, please do not hesitate to call me. to the public Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. W. Robert Herbert, City Manager Uisc. 6/9/86 - Council; C.>~fr. June 6, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Mr. Thomas A. Kiser, requesting that a tract of land con- taining approximately 1/5 acre, located at 1911 Memorial Avenue, S. W., between Memorial Avenue and Denniston Avenue, S. H., being a portion of Lots 14 and 15, Block 5, Section 1, Virginia Heights, and designated as Official Tax No. 1330302, be rezoned from C-1, Office and Institutional District, to C-2, General Commercial District, subject to certain proffered conditions. Si ncerely , Mary F. Parker, C~qC City Clerk MFP:se Erlco cc: Mr. Thomas A. Kiser, 1914 Oxford Avenue, S. W., Roanoke, Virginia 24015 Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room 456 Munici~x~t Ouiidincj 215 C~urch Avenue, 5W. RoonoRe, Virginia 240t 1 (703) 981-2541 CITY ~ ' TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING OF: '86 28 Request from Mr. Thomas A. Kiser that a tract of ) land located at 1911 Memorial Avenue, S.W., ) designated as Official Tax No. 1330302, be rezoned) AFFIDAVIT from C-i, Office and Institutional District, to ) C-2, General Commercial District, such rezoning to) be subject to certain conditions proffered by the ) Petitioner. COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Kimberly Duncan Spoon, first being duly sworn, states that she is secretary in the Office of Community Planning, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 23rd day of May, 1986, notices of a public hearing to be held on the 4th day of June, 1986, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 1330301 1330130 1330131 1330303 1330601 1330504 Roanoke City School Board Mr. Max W. Davis Mr. James Robert Shively Mr. Paul J. Housman Whiting Oil Company Ms. Colette F. Davidson 40 Douglas Avenue, N.W. Roanoke, Virginia 24017 1919 Denniston Avenue, SW Roanoke, Virginia 24015 P. O. Box 8691 Roanoke, Virginia 24014 1901 Memorial Avenue, SW Roanoke, Virginia 24015 P. O. Box 13026 Roanoke, Virginia 24030 P. O. Box 2865 Roanoke, Virginia 24001 Kimberly ~uncan Spoon SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of May, 1986. Notary Public My Commission Expires: ..,.f,~~.,.._ ~., NOTICE 0F PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, June 4, 1986, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, in order to consider the following: Request from Mr. Thomas A. Kiser that a tract of land located at 1911 Memorial Avenue, S.W., designated as Official Tax No. 1330302, be rezoned from C-i, Office and Institutional District, to C-2, General Con~nercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. Ail parties in interest and' citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please run in the morning edition on Tuesday, May 20, 1986 Please run in the evening edition on Tuesday, May 27, 1986 Please send affidavit of publication and billing to: Office of Community Planning, Room 355, Muncipal Building, Roanoke, VA 24011 Misc. 5/27/86 - Council; C. Mgr. Office af the City Clerk May 20, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition and list of property owners from Mr. Thomas A. Kiser, requesting that a tract of land containing approximately 1/5 acre, located at 1911 Memorial Avenue, S. W., between Memorial Avenue and Denniston Avenue, S. W., being a portion of Lots 14 and 15, Block 5, Section 1, Virginia Heights, and designated as Official Tax No. 1330302, be rezoned from C-1, Office and Institutional District, to C-2, General Commercial District, subject to certain proffered conditions. Si ncerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. Thomas A. Kiser, 1914 Oxford Avenue, S. W., Roanoke, Virginia 24015 Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City ~tt~orney Room 456 Municipal Building 215 (D'~urch Avenue, S.W. Roanoke, Vlrginia 24011 (703) 98t-2541 THE COUNCIL OF THE CITY OF ROANOKE, VIRGI~A~ ~ ~,,~ ,:: .!. ' IN 2E: Rezoning of a tract of land being a ) portion of lots 14 and 15, block 5, ) sec. 1, Virginia Heights P.B. 1, pg. ) 131, at 1911 Memorial Avenue SW, ) PETITION having Official Tax No. 138-0302, ) TO from C-1, Office and Institutional ) REZONE District to C-2, General Commercial ) District, subject to certain con- ) ditions. ) TO THE HONORABLE MAYOR AND i £i/IBERS OF THE COUNCIL OF ROANO[(E: OF THE CITY 1. The petitioner, Thomas A. Kiser, has a contract to eurchase a certain tract of land located in the City of Roanoke, Virginia, containing 1/5th (one/fifth)± acre, at 1911 Memorial Avenue SW between Memorial Avenue SW and Denniston Avenue and designated on Roanoke City Appraisal l~iaps as Official Tax No. 133-0802, being a portion of lots 14 and 15, block 5, sec. 1, Virginia Heights P.E. 1, pg. 181; the said tract is currently zoned C-i, Office and Institutional District. A survey of the property to be rezoned is attached as Exhibit A. 2. Pursuant to Article VII and Article VIII of Chapter 36, Code of the City of Roanoke (1979), as amended, the petitioner requests that the said oroperty be rezoned from C-l, Office and Institutional District 'to C-2, General Commercial District, subject to certain conditions set forth below for the purpose of operating a retail floral and gift shop. 3. The ~etitioner believes that the rezoninS of said 'tract of land will further the intent and purposes of the City's Zoning Oridnance and its comprehensive plan, in that it will maintain a neighborhood core area and provide for a com- patible commercial development area near a residential neigh- borhood and provide for orderly development in this area. Furtherraore, the petitioner has received expressed support from the Greater Raleigh Court Civic League for the petition to rezone said property for the purpose of operating a retail floral and sift shop. 4. The petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the petitioner will abide by the following condition: ®the tract as rezoned will be used only for the purpose of operating a retail floral and gift shop and that the business will be located in the existing structure. 5. Attached as Exhibit B are the names and addresses of the owner or owners of all lots or property i~mnediately ad- jacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the petitioner requests that the above- described tract be zoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, ~homas A. Kiser 1914 Oxford Avenue SW Roanoke, Virginia 24015 Tele. ~o. 981-1596 EXHIBIT A zoT-/F c~ SURVEY FOR ~ CERTIFIC-~?E NO. _ ~ ,2o ORAW. ~'.~ CK'O. ~ VIRGINIA sY: T. P. PARKER & SON ENGINEERS & SURVEYORS .LTD. SALEM , VIRGINIA EXHIBIT B Roanoke City School Board Administrative Building 40 Douglas Avenue ~K{ Roanoke, Virginia Tax ~ 133-0301 Max ~. Davis 1919 Denniston Avenue SW Roanoke, Virginia 24015 Tax ~ 133-0130 James Robert Shively P.O. Box 8691 Roanoke, Virqini& 24014 Tax ~ 133-~31 Paul J. Housman 1901 Memorial Avenue SW Rosnoke, Virginia 24015 Tax ~ 133-0303 Whiting 0il Co. P.O. Box 13026 Roanoke, Virginia Tax ~ 24030 EXHIBIT