HomeMy WebLinkAboutCouncil Actions 08-26-91 (30671)
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
August 26, 1991
7:00 p.m.
AGENDA FOR THE COUNCIL
OAKLAND ELEMENTARY SCHOOL
Call to Order -- Roll Call. Mayor Taylor was absent.
The invocation will be delivered by The Reverend Paris E. Bain, Pastor,
Peters Creek Church of the Brethren. Present.
The Pledge of Allegiance to the Flag of the United States of America will
be led by Vice-Mayor Howard E. Musser.
io
PUBLIC HEARINGS
Public hearing to receive comments on the proposed application
for a HUD Section 108 loan guarantee for the City of Roanoke.
Mr. W. Robert Herbert, City Manager.
Adopted Resolution No. 30671-82691. (6-0)
The City Msnsger and City Attorney were instructed to prepare
documents similar to those used in the Womeeo Coca-Cola Bott]~
Company A~eement to insure employment of as m~ny Roanoke
a~ea residents as possible in the Hotel Roanoke/Conference
Center work force, and to insure that construction workers from
the Roanoke ar~a will be employed to renovate the Hotel Roanoke.
CONSENT AGENDA
(Approved 6-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE
ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE
WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF
DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1
C-2
C-3
C-4
o
A communication from Vice-Mayor Howard E. Musser requesting an
Executive Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-344
(A) (1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss vacancies on
various authorities, boards, commissions and
committees appointed by Council, pursuant to
Section 2.1-344 (A) (1), Code of Virginia
(1950), as amended.
A communication from Council Member David A. Bowers with regard to
the selection of the new Manager of the Roanoke Regional Airport.
RECOMMENDED ACTION:
Receive and file.
A communication from Council Member David A. Bowers with regard to
an allocation of $40,000.00 by the City into a reserve fund in connection
with obtaining mortgage money to construct or rehabilitate housing for the less
fortunate.
RECOMMENDED ACTION:
Refer to the City Manager for study, report
and recommendation to Council at its meeting
on Monday, September 9, 1991.
Qualification of Mr. Fletcher L. Nichols, Jr., to fill the unexpired term
of Ms. Vicki Stauffer ending June 30, 1993, and Mr. Kemper A. Dobbins and
Ms. Harriett M. Stokes for terms of three years each, ending June 30, 1994,
as members of the Roanoke Arts Commission.
RECOMMENDED ACTION:
Receive and file.
A corem,] nication from the City Manager requesting an Executive Session
to discuss disposition of publicly held property, specifically lease of a public
building and adjacent propel~ty, and to discuss specific legal matters
requiring the provision of legal advice by counsel, specifically the terms and
conditions of a lease agl~ement, pursuant to Sections 2.1-344 (A)( 3 ) and 2.1-
344(A) (7), Code of Virg~nla (1950), as amended; cencurrsd in roquest.
Request of Council Member David A. Bowers for an Executive Session
to discuss a mattel? of probable litigation, pursuant to Section 2.1-344(A) (7),
Code of Vil~nia (1950), as amended; cencurrod in rsquest.
REGULAR AGENDA
Hearing of Citizens Upon Public Matters:
ao
Request of Downtown Roanoke, Inc., to present a report on the
activities during the past year and the state of downtown.
e
Mr. William S. Hubard, President, Downtown Roanoke, Inc.
Received and fried with appreciation.
Ms. Julia H. Rader, 3315 Troy Avenue, N. W., and Mrs. William H. Bushm~n,
Sr., 3309 Trey Avenue, N. W., complained about eruiain~ on Willi,,mson Road.
Ms. Dottie Sink, 802 Mountain Avenue, S. E., called attention to the number
of oats that have been put to sleep as a result of the recently enacted
Ordln~nce reguiatin~ the number of cats per household.
The matter of cruising on WiHi~mson Road was referred to the City Manager
for report and recommendation to Council.
The City M~m*ger, or his designee, was requested to discuss proposed
revisions by Ms. Sink to the Ol'dinance reguiating eats.
Petitions and Communioationa:
A communication from the Roanoke City School Board recommending
appropriation of $1,414,555.00 for operation of the Magnet School
Programs at Addison Aerospace Middle School and Fairview World of
Plants and Animals.
Adopted Orclin~ce No. 30672-82691. (6-0)
A communication from the Honorable Donald S. Caldwell,
Commonwealth's Attorney, recommending establishment of a
grant fund account for cash assets forfeited to the Office of the
Roanoke City Commonwealth's Attorney; and appropriation of
funds therefor.
Adopted Ordinance No. 30673-82691. (6-0)
A report of the City Manager concurring in the above
recommendation.
Received and fried.
Reports of Officers:
a. City Manager:
Briefings: None.
Items Recommended for Action:
o
A report recommending approval of a Community Development
Block Grant loan, not to exceed $14,800.00, to Lewis J. Lambert,
Jr., and Kathy R. Lambert, for the purchase and rehabilitation
of property located at 806 Rorer Avenue, S. W., under the Home
Purchase Assistance Program.
Adopted Ordinance No. 30674-82691. (6-0)
A report recommending award of an engineering services
reimbursement, with cost ceiling contract, to Mattern & Craig,
Inc., in association with Alvord, Burdiek & Howson, Consulting
Engineers, in an amount not to exceed $1,769,400.00, in
connection with Carvins Cove Improvements, Phase I.
Adopted Ordinance No. 30675-82691 and Resolution No. 30676-
82691. (6-0)
A report recommending approval of a request of the Northwest
Recreation Club to construct a permanent structure at the
Westside Elementary School ballfield.
Adopted Ordinance No. 30677 on first reading. (6-0)
A report recommending acceptance of an "America the Beautiful"
grant, in the amount of $4,995.23, from the Virginia Department
of Forestry, to be used for development of a computerized Tree
Management Program; and appropriation of funds therefor.
Adopted Ordinance No. 30678-82691 and Resolution No. 30679-
82691. (6-O)
A report recommending the purchase of nine portable radios and
related accessories in order to provide members of the C. O. P. E.
Team with instant and reliable communications capability; and
transfer of funds therefor.
Adopted Ordinance No. 30680-82691. (6-0)
A report recommending execution of a lease extension agreement
with Virginia Polytechnic Institute and State University, in order
to extend the present lease of space at 111 - 117 Church Avenue,
S. W., for a period of two years from August 1, 1992 to July 31,
1994.
Adopted Ordinance No. 30681 on first re. ding. (6-0)
A report recommending appropriation and transfer of funds to
meet anticipated expenditures for certain highway projects for
fiscal year 1991-92.
Adopted O1-Hin~,mce No. 30682-82691. (6-0)
b. Director of Finance:
1. A financial report for the month of July, 1991.
Received and filed.
A report with regard to a Short-Term Cash Manager for the City
of Roanoke.
Adopted Resolution No. 30683-82691. (6-0)
3. A status report on bingo operations in the City of Roanoke.
Received and filed.
Reports of Committees:
A report of a committee appointed to tabulate bids received for
improvements to Towne Square Boulevard and Airport Road,
recommending award of a contract to H. & S. Construction Company, in
the total amount of $95,468.91. Council Member William White, Sr.,
Chair.
Adopted Ord{n~nce No. 30684-82691. (6-0)
bo
A report of a committee appointed to tabu]ate bids received for
alterations and additions to the Grandin Court Recreation Center,
recommending award of a contract to Williams Painting and Remodeling,
Inc., in the total amount of $49,000.00. Council Member William White,
Sr., Chair.
Adopted OlnHnnnce No. 30685-82691 and Ordin~ance No. 30686-82691.
(6-0)
Unfinished Business: None.
Introduction and Consideration of Ordinances and Resolutions:
Ordinance No. 30644, on second reading, rezoning two parcels of land
lying on the southwest corner of the intersection of 13th Street and
Cleveland Avenue, S. W., containing . 77 acre, more or ]ess, identified
as Official Tax Nos. 1220901 and 1220902, from RM-2, Residential Multi-
Family, Medium Density District, to C-1, Office District, subject to
certain conditions proffered by the petitioners.
Adopted Ordinance No. 30644-82691. (6-0)
Ordinance No. 30645, on second reading, rezoning a tract of land
located at 1011 Kimball Avenue, N. E., containing .82 acre, more or
less, identified as Official Tax No. 3030201, from HM, Heavy
Manufacturing District, to LM, Light Manufacturing District.
Adopted Ordln~nce No. 30645-82691. (6-0)
Ordinance No. 30646, on second reading, permanently vacating,
discontinuing and closing a portion of 20th Street and Westport Avenue,
S.W.
Adopted Ordin~n~e No. 30646-82691. (6-0)
Ordinance No. 30647, on second reading, authorizing the temporary
closure by barricade of Maitland Avenue, N. W., between Williamson
Road and Woodbury Street.
Adopted Ordinnnce No. 30647-82691. (5-1, Council Member Bowers
voted no. )
Ordinance No. 30648, on second reading, amending Section 36.1,
Zoning, of the Code of the City of Roanoke, 1979, as amended, to
include amendments which are deemed necessary to ensure that the
City's development regulations are responsive to current development
needs and community issues.
Adopted OrdinRnce No. 30648a-82691. (6-0)
A Resolution cancelling the meeting of the Council of the City of
Roanoke scheduled for Monday, December 16, 1991, at 2:00 p.m.
Adopted Resolution No. 30687-82691. (6-0)
A Resolution designating a Voting Delegate and Alternate Voting
Delegate for the Annual Business Meeting of the National League of
Cities.
Adopted Resolution No. 30688-82691. (6-0)
Motions and Miscellaneous Business:
Inquiries and/or comments by the Vice-Mayor and Members of City
Council.
6
10.
A communication from Ms. Renee' Evans, 4513 Old Mountain Rood,
N. F.., ~lllng attention to a drainAo~re ditch at the rear of her property
which is in danger of caving in was before Council. The matter was
referred to the City bmA,~ger for investigation and report by the
regular meeting of Council on Monday, September 23, 1991.
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
Other Hearings of Citizens:
Certification of Executive Session. (6-0)
Appointed the following persons:
Marjorie S. Smithey - Youth Services Citizen Board
Mark D. Heath - Economic Development Commission
Adopted Resolution No. 30689-82691 reappointing Mrs. Jo Anne Just. is as a
Commissioner of the Board of Commissioners of the City of Roanoke
Redevelopment and Housing Authority.
Adopted Ordins~ca No. 30690-82691 gr~nting to Jefferson Center Foundation
a revocable license to enter upon City property, for the purpose of
perfol~nin~ prelimin~t-y architectural and engineering studies. (6-0)
MARY F. PARLOR
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #178-247-258-329
SANDRA H. EAKIN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 30671-82691 authorizing you to apply for a loan
of federal funds, with the United States Department of Housing and Urban
Development, in the amount of $6,000,000.00, pursuant to provisions of Part 570,
Chapter V, Title 24, Code of Federal Regulations, to execute any and all documents
necessary to secure such loan for the City, to negotiate the terms and conditions of
such loan, and to negotiate the investment of such funds in The Hotel Roanoke
project. Resolution No. 30671-82691 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 26, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Eric.
pc:
Dr. Raymond D. Smoot, Jr., Vice President for Business Affairs and
Treasurer, Virginia Tech, 312 Burruss Hall, Blacksburg, Virginia 24061-0142
Mr. David L. Waitemath, President, Classic Properties, 3520 General DeGaulle
Drive, Suite 1100, New Orleans, Louisiana 70114
Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and
Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017
Ms. Martha B. Boxley, Acting Director, Roanoke Vailey Preservation
Foundation, P. O. Box 1558, Roanoke, Virginia 24007
Mr. Joel M. Schlanger, Directol' of Finance
Mr. Brian J. Wishneff, Chief of Economic Development
Ms. Marie T. Pontius, Grants Monitoring Administrator
MARY F. PARKER
City Clerk
CITY OF ROANOKF
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #258-247
SANDRA H. EAKIN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Mr. Wilburn C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Gentlemen:
At the regular meeting of the Council of the City of Roanoke held on Monday, August
26, 1991, you were instructed to prepare documents, similar to those used in the
Wometco Coca-Cola Bottling Company Agreement, to insure employment of as many
Roanoke area residents as possible in The Hotel Roanoke/Conference Center work
force, and to insure that construction workers from the Roanoke area will be
employed to renovate The Hotel Roanoke.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIa,
The 26th Day of August, 1991.
No. 30671-82691.
A RESOLUTION authorizing the City Manager to apply for a loan
of federal funds in the amount of $6,000,000 pursuant to the
provisions of Part 570, Chapter V, Title 24, Code of Federal
Regulations, to execute any and all documents necessary to secure
such
such
Hotel
loan for the City, to negotiate the terms and conditions of
loan, and to negotiate the investment of such funds in the
Roanoke project.
BE
follows:
1.
IT RESOLVED by the Council of the City of Roanoke as
The City Manager or the Assistant City Manager is hereby
authorized to apply to the United States Department of Housing and
Urban Development for a loan of federal funds in the amount of
$6,000,000 pursuant to the provision of Part 570, Chapter V, Title
24, Code of Federal Regulations, on terms and conditions as more
specifically set forth in a report to Council from the City Manager
dated August 21, 1991, and to execute any and all documents on
behalf of the City necessary to make application for such loan.
2. The City Manager is hereby authorized to negotiate the
final terms of the loan, including the loan amount, term, rate and
collateral with the United States Department of Housing and Urban
Development, such final terms being subject to approval of this
Council.
3. The City Manager is hereby authorized to negotiate with
the owners of the Hotel Roanoke the terms and conditions of the
investment of the federal fund loan proceeds in the Hotel Roanoke
project, the final agreement as to investment of the funds being
subject to the approval of this Council.
ATTEST:
City Clerk.
August 26, 1991
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Council Members:
Subject: Hotel Roanoke/Conference Center project
I. BACKGROUND:
Classic Properties of Virainia was selected as the ~
proposed developer for the Hotel Roanoke/Conference
Center project in May 1991. ~
Perez Architects, Classic Properties and Coopers and ~
Lybrand were hired by the City of Roanoke and Virginia
Tech Real Estate Foundation in June 1991 to provide
estimates on the utilization of the Conference Center
the necessary number of rooms, square footage and
ultimately schematic design and cost of the conference
center. Simultaneously Classic Properties of Virginia
is working on similar information related to the Hotel
rooms.
Complete budqets and proformas on the Hotel and
Conference Center project are expected to be completed
in mid-October 1991.
"Conventional" or normal "financinq" for major
headquarters hotel projects does not exist in the
United States today. Therefore, creative financing
involving the City, Virginia Tech and the community
will be necessary in order to have a successful
project.
Department of Housinq and Urban Development (HUD) has
proposed new regulations concerning Section 108 funds
which increase the amount that entitlement cities can
borrow from three times entitlement to five times
entitlement and have stretched the maximum allowable
loan period from six to twenty years. If adopted,
these proposed regulations could take effect as early
as the next 30-45 days.
Section 108 funds can be used for economic development
projects if they meet the city's Community Development
objectives and the national objectives.
Creation of jobs is one of the three national
objectives and it is expected that the Hotel Roanoke/
Conference Center project would create 400+ jobs as
part of the entire project.
ADDroximatelv 50% of Section 108 funds remain until thm
end of the Federal Fiscal year or September 30, 1991.
House of Representatives has passed a new housing bill
for FY 92-93 which includes an allocation of funds for
Section 108 programs; however, the full Senate has not
acted on the measure. Although we believe funds will
be available for next fiscal year, there is no
guarantee. In addition, it is felt that if and when
the new regulations take effect that the popularity of
the program will increase significantly and the money,
(which is allocated to eligible projects on a first
come first served basis), will be in great demand.
Gettinq an allocation set aside for the City of Roanoke
before the end of the fiscal year, assuming the money
is available and assuming the new proposed regulations
take effect, would allow us to reserve an allocation.
If we do not get approved this fiscal year, action now
would put us first in line the following fiscal year
for a program which is going to have increased
popularity among localities.
Reservin~ an allocation of funds now does not commit
the City to going forward with signing a loan agreement
with HUD nor an agreement with the owners of the Hotel
Roanoke. It puts the City in the position of being
able to review all the proforma numbers on the Hotel in
October and to make a determination at that point if
and when and how the funds might be used in the Hotel
Roanoke project.
II. ISSUES:
A. Funding.
B. Timing.
C. Hotel Roanoke Project.
III. ALTERNATIVES:
ao
Alternative A authorizes the City Manaqer to submit a
Section 108 application for $6 million for an
allocation of funds for the Hotel Roanoke project.
Authorize the City Manager to negotiate the final loan
amount terms, rate and collateral with HUD. Such a
document would be brought back to City Council for
approval. Authorize the City Manager to negotiate, if
necessary, with owners of the Hotel Roanoke, potential
investment of the funds, either through the City of
Roanoke or through the Roanoke Redevelopment and
Housing Authority (RRHA) into the Hotel Roanoke
project. The final decisions as whether to invest the
funds and how and under what conditions are to be
approved by City Council.
Funds of approximately $6 million from the 108
program would be requested under proposed new
federal regulations. The proposed collateral on
the loan with HUD would be the City's future
Community Development BlOck Grant allocations as
well as whatever security position the City or the
RRHA, might have in the Hotel Roanoke project. It
is estimated that the rate the city would borrow
the 108 funds for is approximately 9.15%, or a
debt service of approximately $660,000 annually.
Revenue from the Hotel Roanoke investment would go
towards offsetting that cost. If there was a
shortfall in any one year, the Community
Development Block Grant program allocation would
make up the difference as it currently does, for
example, with the Consolidated Coca-Cola project.
The City has two current 108 loans, one for Coca-
Cola project and the other for Shaffers
Crossing/Deanwood. We will spend in 1992-93
$326,308 of our CDBG allocation to pay off these
loans. Next year will be the last year of payment
on the Shaffers Crossing/Deanwood. 1994-95 will
be the last year of payments on the Coca-Cola
project. Therefore, over $326,000 would be freed
up out of the current Community Development Block
Grant allocation or approximately half of the
estimated debt service on the Hotel Roanoke
project.
Timing is important in that we are attempting,
though it will be extremely difficult, to get an
allocation before the year ends or at least be
first in line for the next fiscal year as money is
allocated on a first come first served basis.
Hotel Roanoke project will generate an estimated
$1 million in direct local taxes and will provide
approximately 400 jobs. The future likelihood of
the redevelopment of Gainsboro, Henry Street and
the future of the City's Trade and Convention
Center all are riding on the successful financing
of the Hotel Roanoke project. Under the right
circumstances, such 108 funds may be necessary in
order to succeed in putting the financing together
on the project.
Alternative B, does not authorize the city ManaGer to
submit a Section 108 application for $6 million for an
allocation of funds for the Hotel Roanoke Pro~ect.
A. Funding is not an issue.
B. Timinq is not an issue.
Hotel Roanoke project financing is potentially in
jeopardy. We will not know until mid-October, 1991,
what the complete numbers on the project look like and
therefore, what, if any, financing the project can
support.
IV. RECOMMENDATION:
Recommend Alternative A to authorize the city Manager to
submit a Section 108 application pursuant to applicable
federal regulations for $6 million for an allocation of
funds to be borrowed up to 20 years for the Hotel Roanoke
project. Authorize the city Manager to negotiate the final
loan amount terms, rate and collateral with HUD. Such a
document would be brought back to city Council for approval.
Authorize the city Manager to negotiate, if necessary, with
owners of the Hotel Roanoke, potential investment of the
funds, either through the city of Roanoke or through the
Roanoke Redevelopment and Housing Authority into the Hotel
Roanoke project. The final decisions as whether to invest
the funds and how and under what conditions are to be
approved by city Council.
Respectfully submitted:
W. Robert Herbert
City Manager
WRH/BJW:kds
cc: Brian J. Wishneff, Chief, Economic Development
Wilburn C. Dibling, city Attorney
Joel M. Schlanger, Director of Finance
Herbert McBride, Executive Director, RRHA
Marie Pontius, Grants Monitoring Administrator
Ray Smoot, Virginia Tech Foundation
David Waltemath, Classic Properties
O~A
· FEDERAL ASSISTANCE August 27 1991 B-91-MC-51-0020
~ c~,,,~,~ i_n ~,~,~
City of Roanoke, Virg'inia
Independent City
Office of the City Manager
215 Church Ave SW Brian J. Wishneff
Roanoke, Virginia 24011 Chief of Economic Development
(703) 981-2715
U.S. Dept of ~ousing & Urban Developme~
Section 108 Loan to assist with the
~E: renovation of the Hotel Roanoke
Section 108 Loan Guarantee 19 North Jefferson Street, Roanoke,
City of Roanoke, Virginia
2/1/92 2/1/94
Sixth : Sixth
a ~ I 6,000,000 '~
· o,~ ~ 24,000,000
~ ~o~ s 30,000,000 '~
W. Robert Herbert City Manager (703)9R1-~
HUD SECTION 108 LOAN ~UARA~T=E LOAN APPLICATION
HOTEL ROANOKE/CONFERENCE CENT~KPROJECT
ROANOKE, VIRGINIA
Summary of Proposal
The City of Roanoke proposes to borrow $6,000,000 in Section
108 loan guarantee funds to be used, either by the City or the
Roanoke Redevelopment and Housing Authority, as a part of the
overall financing of a project to renovate the Hotel Roanoke and
construct a new conference center addition. The primary objective
of this project is the creation of approximately 400 new jobs, of
which at least 51 percent will be available to low and moderate
income persons. This project is located at 19 North Jefferson
Street in Roanoke, Virginia. The funds are expected to be used as
either a loan to the overall financing of the project, and/or a
loan guarantee, and/or a loan loss reserve. Repayment will be
made over a period of up to twenty years by the return on
investment from the Hotel project and the possible use of some
funds from the City's annual Community Development Block Grant
(CDBG) entitlement.
Hotel Roanoke
I9 Jefferson Street N.E.. Roanoke Cit3
Begun IS~2
PROJECT DESCRIPTION
I. Problem Statement or Assessment of Need:
The Hotel Roanoke was a 350 room luxury hotel, built
overlooking downtown Roanoke in 1882 as the centerpiece of the
Norfolk and Western Railroad, then headquartered in Roanoke. For
over 100 years, the Hotel Roanoke has been architecturally,
spiritually, socially, and economically a dominant force in the
city. For many people, it is what they think of when Roanoke,
Virginia is mentioned.
In 1989, after a corporate decision to withdraw from the
hotel business, the Norfolk Southern Corporation donated the hotel
to the Virginia Tech Real Estate Foundation and closed the doors.
Approximately 350 people lost their jobs, and the City started
losing $400,000 annually in combined taxes -- room tax, meals tax,
sales tax and real estate taxes. Perhaps as important was the
loss of a "headquarters" hotel for downtown to attract conventions
and conferences, and the loss of income to downtown businesses.
The adjacent downtown core business district has been making
remarkable progress since the City's revitalization efforts began
in 1979, with the help of a HUD UDAG, but the closing of the Hotel
has been a severe blow to the shops and restaurants in this area
in terms of lost tourist revenue. This has resulted, in part, in
the closing of some downtown businesses and the lay-off, of
employees at some of the remaining businesses.
In addition to being a commercial anchor for the downtown,
the Hotel Roanoke, and its adjacent Norfolk Southern offices,
occupy a prominent position in the Gainsboro neighborhood. This
neighborhood of predominantly black, low and moderate income
families, has historically relied on the Hotel and the railroad
for employment. The longer the Hotel remains empty, coupled with
the railroad's vacating of its offices to another downtown site a
mile away, the more problems of decline this neighborhood faces.
II. Current Status of Pro~ect:
When the City learned of the railroad's intentions to
relocate its offices and close the hotel, they began planning
jointly for the future. In 1989, the City, Norfolk Southern, and
Dominion Bankshares, (a local bank), funded a master plan, called
FOCUS '89, for the northern part of downtown Roanoke. That plan
included recommendations of sites for several major office
projects, a pedestrian bridge connecting the north and south sides
of the railroad track, a conference center to adjoin a renovated
Hotel Roanoke, and a new convention center. Since that time, two
new major office buildings are being built in the areas proposed -
one of them will house the relocated offices of the Norfolk
Southern Corporation. The second building is the Dominion office
tower built across the railroad tracks and to the south of the
Hotel Roanoke. Funding for the pedestrian bridge is in place and
waiting success of the Hotel Roanoke project.
Since December 1989, when the Hotel Roanoke was gifted by
Norfolk Southern to the Virginia Tech Real Estate Foundation, the
Foundation and the City have been working in partnership to find a
developer to renovate the hotel. In May 1991, the Virginia Tech
Real Estate Foundation selected Classic Properties of Virginia as
the proposed developer for the renovation of the Hotel Roanoke,
and construction of the conference center to be connected to it.
In 1991 the City and Virginia Polytechnic Institute and State
University (VPISU) went to the Virginia General Assembly to get
approval for the establishment of a Hotel Roanoke Conference
Center Commission. As a result, Virginia Tech and the City of
Roanoke are equal partners in the project to finance and construct
the conference center to be attached to the Hotel Roanoke. The
Virginia Tech Real Estate Foundation has pledged $4 million, and
the City has pledged $4 million through estimated future tax
revenues to construct the conference center.
III. Program Objectives:
ae
Increase jobs in the downtown area of the City by a
minimum of 400 jobs, consisting of the 350 jobs lost
with the closing of the Hotel Roanoke, plus an
additional 50 jobs for the new conference center.
Be
Provide an economic anchor for the northern edge of the
Roanoke central business district, which will allow for
continuation of the total economic development plan as
outlined in FOCUS '89.
Ce
Increase commercial revenue by 25% to local businesses
through tourist and convention trade.
Increase tax revenues to the City over the long run. If
the project is successful, all tax revenues from the
Hotel and conference center will be reinvested in the
project for the next 20 years. However the long-range
benefit to the city would be even greater than prior to
the hotel's closing.
IV. Methods:
Renovate the Hotel Roanoke and construct an ad~oinin~ new
conference center, at a cost of approximately $30 million.
The hotel will be renovated by Classic Properties of
Virginia, and then leased to a major hotel operator.
Virginia Tech is expected to attract many conferences to the
hotel and will make the hotel their headquarters for
continuing education management training work. Tech is the
land-grant university for the State of Virginia and
therefore, public service is a part of their activities.
They desire to increase their efforts in continuing education
and management training in a significant way. The Hotel
Roanoke/Conference Center project would be the vehicle for
them to accomplish this. Thus, they would be bringing a
whole new industry to Roanoke which does not now exist.
The Hotel Roanoke is located at 19 North Jefferson Street,
Census Tract 11, in the Gainsboro Redevelopment Area. See
Attachment E for map.
in
This activity would address the broad national objective of
benefit to low and moderate income persons through the
creation of jobs. Of the 400 jobs expected to be created, a
minimum of 51 percent will be available to low and moderate
income persons. In general the nature of the hotel and
conference center related jobs will encourage this, but the
Virginia Employment Commission will also be recruited to
assist in the filling of the jobs with persons from low to
moderate income families.
This activity will be eligible under HUD regulations 24 CFR
570.203(b) Special economic development activities.
V. Budget:
It is estimated that renovation of the Hotel Roanoke will be
approximately $30 million. Discussions with investment bankers
have concluded that approximately 50 percent of the project
financing for the hotel is possible as a first mortgage.
Therefore, additional loans and/or equity for the other 50 percent
must be forthcoming. Virginia Tech Real Estate Foundation,
Classic Properties and other investors are expected to bring
significant equity. A major part of this piece has to be the $6
million that the City of Roanoke or the Roanoke Redevelopment and
Housing Authority can invest in the Hotel Roanoke project. The
final amount, terms and form of the investment would be subject to
further negotiations with the developer of the Hotel Roanoke
project.
Sources of funds for the entire $30 million Hotel Roanoke
project are estimated as follows:
First mortgage loan and/or
sale of taxable bonds
$15 million
2. Section 108 loan guarantee -
$6 million.
3. Equity - $9 million
TOTAL $30 million
VI. Loan Repayment Schedule:
The loan will be repaid in equal annual payments
submitted by the City of Roanoke to HUD in September of
each year for up to twenty (20) years.
Be
Sources of repayment will be 1) repayment by the hotel
developers to the City or the Roanoke Redevelopment and
Housing Authority (RRHA), of a second mortgage and 2)
the City's annual CDBG entitlement.
Security for the project will include the City's future
CDBG allocation as well as the City's and/or Housing
Authority's investment in the Hotel Roanoke project.
VII. Attachments:
Initial plans concerning the renovation of the Hotel
Roanoke.
Certification by the City Attorney that the City of
Roanoke possesses legal authority to make the pledge of
grants required under 24 CFR 570.702(a)(2) and proposed
24 CFR 570.705(b)(2).
Certification that the City of Roanoke has made efforts
to obtain financing without the use of the loan
guarantee.
De
Required HUD Community Development Block Grant
Certifications.
E. Project area map.
F:APPLICAT.108
ATTACHMENT A
Initial plans concerning the renovation of the Hotel Roanoke will
be submitted with application to HUD. Plans are not available
yet.
ATTACHMENT B
CERTIFICATION PURSUANT TO C.F.R. S570.702(b)(4)
I, Wilburn C. Dibling, Jr., City Attorney for the City of
Roanoke, Virginia, hereby certify that in my opinion the City of
Roanoke possesses the legal authority, in order to assure the
repayment of notes or other obligations and charges incurred under
Subpart M, Part 570, Chapter V, Title 24, Code of Federal
Regulations and as a condition for receiving loan guarantee
assistance, to pledge any grant approved or for which the City may
become eligible under Part 570, Chapter V, Title 24, Code of
Federal Regulations. My opinion as to the City's legal authority
is limited to the pledge of the aforementioned grants, and does not
extend, otherwise, to pledge of the full faith and credit of the
City or to a pledge of revenue of the City from any other source.
The Council of the City of Roanoke has, by Resolution No. ,
adopted on August 26,
grants as a condition
the City is applying.
requirements of
1991, authorized the pledge of the aforesaid
for receiving the loan guarantee for which
This certification is made pursuant to the
24 C.F.R. S570.702(b)(4)
Wllburn C. Dtbling, Jr.
City Attorney for the
City of Roanoke, Virginia
Date:
ATTACHMENT C
570.702 b.5
Assurance of Effort to Obtain Alternative Financing
I hereby certify that the City of Roanoke has made efforts to
obtain financing for activities described in this application
without use of the loan guarantee, that the City of Roanoke will
maintain documentation of such efforts for the term of the loan
guarantee, and that the City of Roanoke cannot complete such
financing consistent with the timely execution of the program
plans without such guarantee.
Signed:
Title: City ManaKer~ City of Roanoke
ATTACHMENT D
page 1
COMHUNIT? DBVELOPMBNT BLOCK GRANT
GRANTBB CBRTIFICATIONS
In accordance with the Housing and Community Development Act of 1974, es
amended, and with 24 CFR 570.303 of the Community Development Block Grant
regulations, the grantee certifies that:
(a) It possesses legal authority to make a grant submission and to
execute a community development and housing program;
(b) Its governing body has duly adopted or passed as an official act
a resolution, motion or similar action authorizing the person
identified as the official representative of the grantee to submit
the final statement and amendments thereto and all understandings
and assurances contained therein, and directing and authorizing
the person identified as the official representative of the grantee
to act in connection with the submission of the final statement and
to provide such additional information as may be required;
(c) Prior to submission of its final statement to HUD. the grantee has:
1. Net the citizen participation requirements of ~570.301(b);
2. Prepared its final statement of community development
objectives and projected use of funds in accordance with
~570.301(c) and made the final statement available to the
public;
(d)
It is following a detailed citizen participation plan which:
1. Provides for and encourages citizen participation, with
particular emphasis on participation by persons of low and
moderate income who are residents of slum and blighted areas
and of areas in which funds are proposed to be used, and
provides for part~cipation of residents in iow and moderate
income neighborhoods as defined bF the local Jurisdiction;
Provides citizens with reasonable and timely access to local
meetings, information, and records relating to the grantee's
proposed use of funds, es required bF the regulations of the
Secretary, and relating to the actual use of funds under the
Act;
Provides for technical assistance to groups representative of
persons of low and moderate income that request such assistance
in developing proposals with the level and type of assistance
to be determined bF the grantee;
~/90
ATTACHMENT D
page 2
Ce)
(f)
(g)
(h)
-2-
Provides for public hearings to obtain citizen views and to
respond to proposals and questions at all stages of the
community development program, including at least the
development of needs, the review of proposed activities, and
review of program performance, which hearings shall be held
after adequate notice, at times and locations convenient to
potentia! or actual beneficiaries, and with accommodation for
the handicapped;
Provides for a timely written answer to written complaints and
grievances, within 15 working days where practicable; and
Identifies how the needs of non-Bnglish speaking residents will
be met in the case of public hearings where a significant number
of non-lnglish speaking residents can be reasonably expected to
participate;
The grant will be conducted and administered in compliance with:
1. Title VI of the Civil Rights Act of 1964 (Public Law 88-352,
42 U.S.C. ~1000d e~ sea.); and
2. The Fair Housing Act (42 U.S.C. 3601-20);
It will affirmatively further fair housing;
It has developed its final statement of projected uae of funds so as
to give maximum feasible priority to activities which benefit low and
moderate income families or aid in the prevention or elimination of
slums or blight; (the final statement of projected use of funds may
also include activities which the grantee certifies are designed to
meet other community development needs having a particular urgency
because existing conditions pose a serious and immediate threat to
the health or welfare of the community, and other financial resources
are not available); except that the aggregate use of CDBG funds
received under section 106 of the Act, and if applicable, under
section 108 of the Act, during the 1989,90&91 program year(s) (a
period specified by the grantee consisting of one, two. or three
consecutive years), shall principally benefit persons of Iow and
moderate income in a manner that ensures that not less than 70 percent
of such funds are used for activit~es that benefit such persons during
such period;
It has developed a community development plan, for the period
specified in paragraph (g) above, that identifies community
development and housing needs and specifies both short and long-term
community development objectives that have been developed in
accordance with the primary objective and requirements of the Act;
11/90
ATTACHMENT D
page 3
-3-
(l) It is following:
A current housing affordabllity strategy which has been
approved by HUD in accordance with section 105 of the
Cranston-Gonzalez National Affordable Housing Act; or
A housing assistance plan which was approved by HUD during
the 180 day period beginning November 28, 1990, or during
such longer period as may be prescribed by the Secretary in
any case for good cause.
(J) It will not attempt to recover any capital costs of public
improvements assisted in whole or in part with funds provided under
section 106 of the Act or with amounts resulting from a guarantee
under section 108 of the Act by assessing any amount against
properties owned and occupied by persons of iow and moderate income,
including any fee charged or assessment made as a condition of
obtaining access to such public improvements, unless:
I. Funds received under section 106 of the Act are used to pay the
proportion of such fee or assessment that relates to the capital
costs of such public improvements that are financed from revenue
sources other than under Title I of the Act; or.
2. For purposes of assessing any amount against properties owned
and occupied by persons of moderate income, the grantee
certifies to the Secretary that it lacks sufficient funds
received under section 106 of the Act to comply with the
requirements of subparagraph (1) above;
(k) Its notification, inspection, testing and abatement procedures
concerning lead-based paint will comply with ~570.608;
(1) It will conpl~ with the acqulsition and relocation requirements of the
Uniform Relocation Assistance and Real Property Acquisition
Policies Ac2 of 1970 as required under ~$70.606(a) and Federal
implementing regulations; the requirements in ~570.$06(b) governing
the residential antidisplacement and relocation assistance plan under
section 104(d) of the Act (including a certification that the grantee
is following such & plan); the relocation requirements of
governing displacement subject to section 104(k) of the Act; and the
relocation requirements of ~570,606(d) governing optional relocation
assistance under section 105(a)(ll) of the Act;
(m) It has adopted and is enforcing:
A pollc~ prohibiting the use of excessive force by law
enforcement agencies within its Jurisdiction against
any individuals engaged In non-violent civil rights
demonstrations; and
11/90
ATTACHMENT D
page 4
-4-
A policy of enforcing applicable State and local laws against
physically barring entrance to or exit from a facility or
location which is the subject of such non-violent civil rights
demonstrations within its Jurisdiction;
(n) To the beet of its knowledge and belief:
(o)
No Federal appropriated funds have been paid or will be paid.
by or on behalf of it. to any person for influencing or
attempting to influence an officer or employee of any agency,
a ~ember of Congress, an officer or employee of Congress, or an
employee of a Hember of Congress in connection with the
awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement;
If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting
to influence mn officer or employes of any agency, a ~embar of
Congress, an officer or employes of Congress. or an employes of
a Hsmber of Congress in connection with this Federal contract.
grant, loan, or cooperative agreement, it will complete and
submit Standard FOrm-LLL. "Disclosure Form to Report Lobbying,"
in accordance with its instructions; and
3. It will require that the language of paragraph (n) of
this certification bm included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly;
It will or will continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use
of s controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken
against employees for violation of such prohibition;
2. ~stablishing an ongoing drug-free awareness program to inform
employees about -
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining s drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee
assistance programs; and
11/90
ATTACHMENT D
page 5
-5-
(d) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
Haking it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement
required by paragraph 1;
Notifying the employee in the statement required by paragraph 1
that, as a condition of employment under the grant the employee
will - '
(a) Abide by the terms of the statement; and
Notify the employer in writing of his or her conviction
a violation of a criminal drug statute occurring in the
workplace no later than five calendar days after such
conviction;
for
Notifying the agency in writing, within ten calendar days after
receiving notice under subparagraph 4(b) from an employee or
otherwise receiving actual notice of such conviction. ~mployers
of convicted employees must' provide notice, including position
title, to every grant officer or other designee on whose grant
activity the convicted employee was working, unless the Federal
agency has designated a central point for the receipt of such
notices. Notice shall include the identification number(s)
of each affected grant;
Taking one of the following actions, within 30 calendar days of
receiving notice under subparagraph 4(b), with respect to any
employee who is so convicted -
Taking appropriate personnel action against such an
employee, up to and Including termination, consistent with
the requirements of the Rehabilitation Act of 1973, as
amended; or
(b)
Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved
for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency;
Making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs i. 2. 3. 4, 5
and 6.
11/90
ATTACHMENT D
page 6
-6-
The grantee may insert in the space provided below the site(s)
for the performance of work dons in connection with the specific
grant:
Place of Performance (Street address,
sip code) .
215 Churcn Avenue SW
519 Nineteenth Street SE
county, state,
(P)
Check if there are workplaces on file that are not
~dentifled here; and
It will comply with.the other provisions of the Act and with other
applicable laws.
1~/90
ATTACHMENT E
N
$
/
Hotel Roanoke Project Area
Roanoke, V~rginia
ROA~OI(Ir VALLEY
~1'. ANDREWS
CATHOLIC
CHURCH
EXIT 4
EXIT
~ HOTEL
~.,.,Avi '~ ~1~ ROANOKE
~ VIRGINIA MUSEUM
.~ )F TRANSPORTATIO ..,, .....I ' ~ ~Jl
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CITY OF ROANOKE X
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15 faO:36
NOTICE TO THE PUBLIC
CITY OF ROANOKE
HUD SECTION 108 LOAN
GUARANTEE PUBLIC HEARING
All interested groups and individuals are invited to participate at a pubhc h
on the proposed application for a HU ' '
Roanoke on M D Section 1081 earing
Snhnnl ~,~,~ ..~nday Auaust 26 lOO~ ..... oan guarantee for the 'tvnf
_Order ,o. obtain cltlzeSn~,n viR"e°wa~d'.N.~W'~The CDBG puPbiic ~teaOri~kol~:dhSLe..m~.n,t.a,ry
~ummarrzed below: .... ,-omments on the proposed o~,,~,~,~,..~_.~,,e~u m
COMMUNITY DEVELOPMENT
OBJECTIVES TO BE ADDRESSED
The major community development objective to be addressed ~s further
economic development in theCI of
!n. COme jobs. It Is exne,.*.,~ ,,._.ty Roanoke by the creatl,,,, ^,...... ance of
motel Roanoke/~,,,,,~;~.~.''~'~ ~=[ approximately 400 i,~,- ;~',: "~' ,uw ~o moderate
.... =-~,nce ~,enter project. ~ ~o -,mue created by the
ACTIVITIES PROPOSED WITH
THE GUARANTEED LOAN FUNDs
The City of Roanoke w II borrow approximatel $6 million from the U S
ment of Housing and Urban Develo m D
of the Hotel Roanoke,,-^; .... pent (HU~) to be Inwo*~-,, -~ ' ' apart-
overall estimated oroi~'~ ,.o,c,,a,[te~d ~t 19 Jefferson S t r ~e~ '~',~, ~,n-~ne renovation
t..o benefit Iow an~d ~o;~.~'.~:°',e°u mllhon in financinn Th',.'~.~',-a_s.a, part of the
_~_e~p~yments of the Ioa~,~;Uc~n~c_Om.e persons thro~=[~h t~'~a~i~s..e_x.p~.c~ed
port,on of future CDBG en~;*~."'-=. [rom return on Investmen. ~_3~,. u~ ~os.
.... =,rren[ oudgets · a.u possic~y a
SECURITY REQUIREMENTS
FOR THE LOAN GUARANTEE
The security requirements for the loan guarantee will be future Corn
Development Block Grant (CDBG all
~ityofRoanokeand/orth,,~.~,. o..cations as we as the loan no-,,. .,rnunity
m the Hotel Roanoke .r~'~;~'=''''''~e r~edevelopmen, and Hou-~Jn"~
Copies of the proposed application f
are avaiable for ubli . . or HUD Sect on 108
. . P c review In ' , loan guarantee
~B~ild,.ng, the Office of Economic r~!,h~_c_ltY Clerks Offce, 4th FI [u~ids
Authori~,, S~'~^:-L"-;'~ ,,[pin Cruces of the Roanok .... r-Ummpal Build ng all
...... of,,,.= a[ 981-2541. hearing are
person with a disability who needs accommodations to fully
contact the Office of Grants Compliance at
under my :his 13th day of August, 1991. Mary F. Parker, City
NOTICE TO THE PUBLIC
CITY OF ROANOKE
HUD SECTION 108 LOAN GUARA~'~'~
PUBLIC HEARING
Ail interested groups and individuals are invited to participate
at a public hearing on the proposed application for a HUD Section 108
loan guarantee for the City of Roanoke on Monday, August 26, 1991 at
7:00 p.m. at Oakland Elementary School, 3229 Williamson Road, NW.
The CDBG public hearing is being held in order to obtain citizens'
views and comments on the proposed application as summarized below:
CO~4UNITY DEVELOPMENT OBJECTIVES TO BE ADDRESSED
The major community development objective to be addressed is
furtherance of economic development in the City of Roanoke by the
creation of low to moderate income jobs. It is expected that
approximately 400 jobs will be created by the Hotel Roanoke/Conference
Center project.
ACTIVITIES PROPOSED WITH THE GUARA~'I'K~N~ LOAN FUNDS
The city of Roanoke will borrow approximately $6 million from the
U.S. Department of Housing and Urban Development (HUD) to be invested
in the renovation of the Hotel Roanoke project, located at 19 Jefferson
Street NW, as a part of the overall estimated project total of $30
million in financing. The project is expected to benefit low and
moderate income persons through the creation of jobs. Repayments of
the loan will come from return on investment and possibly a portion of
future CDBG entitlement budgets.
SECURITY I~EQUIP~NTS FOR THE LOAN GUARA~'£~E
The security requirements for the loan guarantee will be future
Community Development Block Grant (CDBG) allocations as well as the
loan position that the City of Roanoke and/or the Roanoke Redevelopment
and Housing Authority has in the Hotel Roanoke project.
Copies of the proposed application for HUD Section 108 loan guarantee
funds are available for public review in the City Clerk's Office, 4th
Floor Municipal Building, the Office of Economic Development Room 355,
Municipal Building, all City libraries, and the main offices of the
Roanoke Redevelopment and Housing Authority, Salem Turnpike. Persons
who would like to speak at the hearing are requested to call the City
Clerk's office at 981-2541.
If you are a person with a disability who needs accommodations to fully
participate in this public hearing, contact the Office of Grants
Compliance at 981-2141 or 981-2641 (TDD).
Given under my hand this 13th day of August, 1991. Mary F. Parker, City
Clerk
1
Display ad to run in The Roanoke Tribune on Thursday, August 22, 1991.
Please bill to:
Office of Grants Compliance
Room 362, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011
Please send proof of publication (affidavit) to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011
ROANOKE
VALLEY'
PI SERVATION
FOUlVDATION
MICHAEL B. BARBER
CHARLES A~ BLANKENSHIP
MARTHA B. BOXLEY
D, KENT CHRISIV~
RUPERT M. CUTLER
WHITNEY N. FELDMAN
ROBERT N. FISHBURN
BEVY FRANCIS FREEMAN
JAMES H. FULGHUM, JR.
JOHN D, FULTON
EVELYN S. GUNTER
MIGNON CHUBB-HALE
HELEN ROBERTS-HILL
A. L, HOLLAND, SR.
DEEDIE KAGEY
GEORGE ~i- KEGLEY
MARY BETH LAYMAN
FRANCES McNuLTY LEWIS
JAMES E. LOESEL
JOSEPH D. LOGAN, III
LIN S, MELCHIONNA
NORWOOD C. MIDDLETON
WARREN L. MOORMAN
HELEN R. PRILLAMAN
H. S. PRITCHETr
JOYCE W. WAUGH
CLAP~ S. WHITE
WILLIAM L. WHITWELL
BAYES E. WILSON
LEE W. WINBORNE
26 August 1991
RECEIVED
CITY CLEi K.S "FFiC, E
AUG 26 P4:02
The Honorable Noel C. Taylor,
and Members of .City Council
City of Roanoke
215 Church Avenue, SW
Roanoke, Virginia 24011
Mayor
Dear Mayor Taylor and Members of City Council,
Subject: Hotel Roanoke Section 108 Loan Application,
Public Hearing, Aug. 26, 1991.
The Roanoke Valley Preservation Foundation supports the
City of Roanoke's application for a Section 108 Loan to
help in the rehabilitation of Hotel Roanoke.
Hotel Roanoke is a landmark of great significance to
the Roanoke Valley and beyond. The resources found in
and around the Hotel are things that give Roanoke
meaning and help make it stand out as a special place.
The Hotel itself has tremendous significance to people
in the Roanoke Valley. It ia difficult to find one who
has not either worked at' the hotel, strolled the
grounds, dined or stayed there, or who has not attended
an elegant occasion in her gracious surroundings. A
foremost memory to past visitors of the valley is the
grand Hotel Roanoke.
As a symbol for the city, it is of utmost importance
the Hotel be properly rehabilitated, and we encourage
the use of the Secretary of the Interior's Standards
for Rehabilitation. Thought and care make for quality
projects and the Hotel Roanoke and its surroundings
offer great opportunity. The prominence of the area is
visible in the city's skyline: the golden spires of
St. Andrews, Old Firat's Belfry, the shaded yards of
turn-of-the-century houses, the Hotel Roanoke with all
of its nostalgia, the Passenger Station, and the fine
N&W Office Buildings. A closer look reveals a
neighborhood of residential and commercial buildings,
Our Lady of the Valley, Roanoke Catholic Schools, Lick
Run, First Baptist Church, a TAP Daycare Center,
Gainsboro Library, Stone Printing, and Henry Street.
It is a place of landmarks, natural features, and
people located in the area of Big Lick, Gainsborough,
and early Roanoke. A depth of cultural and historical
importance to Roanoke and southwestern Virginia i8
evident here, and we remain extremely concerned about
the proposed four-lane Wells Avenue re-routing which
would slice the area in two. We are convinced it is
absolutely inappropriate.
POST OFFICE BOX 1558
ROANOKE, VIRGINIA24007
Mayor Noel C. Taylor and Members of City Council
26 August 1991
Paga Two
The Hotel Roanoke revitalization offers the city
tremendous opportunity. We are certain that thoughtful
planning and careful consideration of the community's
resources will work to create a fine project, and we
strongly support the City's efforts to obtain financial
assistance towards this end.
Sincerely,
Acting Director
Noel C. T~ylor
Mayor
Howard E. Musser
Vice-Mayor
CITY OF ROANOI(F,
CITY COUNCIL
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
August 26, 1991
Council Members:
David A. Bowem
Elizabeth T. Bowles
Beverly T. Fitzpatrick, Jr
James G. Harvey, II
William White, Sr.
The Honorable Members of
the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I wish to request an Executive Session to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council, pursuant to Section 2.1-
344 (A) (1), Code of Virginia (1950), as amended.
Vice-Mayor
HEM:sw
Noel C. ~aylor
Mayor
Howard E. Musser
Vice-Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
August 22, 1991
W. Robert Herbert, Chairman
Roanoke Regional Airport Commission
5202 Aviation Drive
Roanoke, VA 24012
REC?vED
CiTY .....
AUG22 0:47
Council Members:
David A. Bowers
Elizabeth T Bowles
BeVerly T Fitzpatrick, Jr
James G. Harvey, II
William White, Sr.
Dear Bob:
I read with some interest that a person from out
of the City has now been hired as the new manager for the
Roanoke Regional Airport. I have become quite critical,
as you know, of the increased bureaucracy of our local
government. It seems to me that the bureaucrats do a
fine job of insulating themselves from the concerns of the
public, and furthermore continue their "fiefdoms" by con-
tinuing to hire additional bureaucrats when openings occur.
It is all very good and expected that we should have an
efficient local government here in Roanoke, but it concerns
me when people here in Roanoke, who have applied for top
level positions, are not accepted to provide that efficient
kind of government to their own neighbors.
I have seen a lot of news stories over the last
several years stating that there just aren't any good paying
jobs in Roanoke. Surprisingly, everytime we have an opening
in Roanoke's government for a well paid job, dozens of people
from out-of-town can't wait to get here! Which is it? Are
the jobs not available, or is it that Roanokers just aren't
being considered for them?
I have requested, privately, that Roanoke City
Council place a citizen on the Roanoke Regional Airport
Commission representing the City. I believe this most recent
incident indicates a need for a change on the Airport Commission,
so that it may be more truly representative of the people
of our City. I would again respectfully request our Council
to make some effort to place a citizen representative on
this Commission now, instead of having three administrators
from City Hall.
I want to let you know that I disapprove of the
Airport Executive Director from Cleveland hiring an airport
manager from out-of-town without any real consideration of
the talents and abilities of Roanokers who could have done
the job just as well. This recent development in hiring
W. Robert Herbert,
August 22, 1991
PAGE TWO
Chairman
this manager is of concern to me, and I hope you will see
to it that other vacancies at the airport are filled by Roanoke
area people when possible, because I believe we have a lot
of qualified persons available to do the jobs.
I ask that this letter be made a part of the consent
agenda of Roanoke City Council for its August 26, 1991 meet-
ing and thereafter be received and filed, unless the other
members of Council also want to consider placing a citizen
representative on the Airport Commission.
Best personal regards.
DAB/jfk
013
Sin3?~rely,
David ~. B6~ers
MARY F. PARLOR
Ci~ Clerk
CITY OF ROANOKi
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 4,56
Roanoke, V~rRinia '94011
Telephone: (703)981-2.541
August 28, 1991
File #178
SANDlOt H. EAKIN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of a communication from Council Member David A. Bowers with
regard to an allocation of $40,000.00 by the City into a reserve fund in connection
with obtaining mortgage money to construct or rehabilitate housing for the less
fortunate, which communication was before the Council of the City of Roanoke at a
regular meeting held on Monday, August 26, 1991.
On motion, duly seconded and adopted, the communication was referred to you for
study, report and recommendation to Council at its regular meeting to be held on
Monday, September 9, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
pc: The Honorable David A. Bowers, Council Member
Noel C. Taylor
Mayor
Howard E. Musser
Vice-Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
August 21,
1991
C~TY r, r~ ~ ....
AUG22 0:47
Council Members:
David A. Bowers
Elizabeth T Bowles
Beverly T Fitzpatrick, Jr
James G. Harvey, II
William White, Sr.
Honorable Mayor
and Members of Roanoke City Council
Municipal Building
Roanoke, Virginia 24011
Dear Mrs. Bowles & Gentlemen:
I enclose herewith a copy of the article in the
Roanoke Times dated August 17, 1991, indicating that a
policy is being set by our City Administration to scrap a
housing program that has provided $6.1 million in loans to
fix up 205 houses in the past decade.
Not only am I concerned that the City might refuse
to provide $40,000 for a reserve fund so it could obtain
$600,000 in mortgage money for poor people from 10 local
banks in the next year has been denied, but I am also con-
cerned that this policy decision may be made by the administra-
tors in the Municipal Building, instead of by the elected
members of Roanoke City Council. I, for one, would be in
favor of continuing to leverage $40,000 in a reserve fund
so that we could provide over $500,000 in mortgage money
to build and/or rehabilitate housing for the poor in our
City.
Of course, it certainly would be nice for our
colleagues in the Town of Vinton, the City of Salem and
Roanoke County to join us in such a program which would pro-
vide needed housing in the valley for poor and lower income
persons. (Oh, I must be dreaming!).
I would respectfully request that this matter be
placed on the consent agenda of Council for our August 26,
1991 meeting and thereafter be referred to the administration
for review, recommendation and report back to Council at
our first meeting next month on September 9, 1991.
Best personal regards to each of you.
DAB/jfk
ENC:
056
fiX un homes
4itY won pay
O, 000 to help ,
James Bean can't understand why Roanoke offi- ~'
cials would scrap a housing program that has provided:,:~
$6.1 million in loans to fix up 205 houses in the
decade.
At a time when federal money for housing rehabili-.
tatton ts drying up, he ts puzzled by the ctty s refusal to ~,,
~rov de $40,000 for a reserve fund so it could
600,000 n mortgage money from 10 banks in the nex~!~
year for poor people, i'.' ~V,'
The private rehabilitation loan program has been g:*:
good deal for the city and homeowners who have beenO~
able to fix up their.houses, said Bean. neighborhood
development director for Roanoke's Redevelopmenf~
and Housing Authority. ..i.~..
Under the program, the banks offer mortga$~
loans that are targeted to low- and modcrate-income~,_~
famdtes. The banks have been providing b~tweeff. Q
By working with the housing authority thc
have more flexibility and can offer loans at
ket interest rates to families that otherwise could not
helped.'
The only thing the city has to do is to set aside
relatively small amount of money in a reserve fund.~
each year to cover possible loan losses and administra.-~.
rive costs for the program. Bean said. The city has beetle:
using part of its annual $1.8 million allocation
federal community development money for the IoanZ_,
· 1o~ reserve fund. , .
is "' Since 1982 the ctty has put $550,000 into the:
reserve Oand ~ from $30,000 to $90,000 annually, The
money is returned to the city as loans are r~epaid, Bean i i
'e said $171,391 has been returned, i ' ~ 7~'
For the next fiscal year, Bean and the authority
r- asked for $16,000 in new money and $24,000 in un-
used funds from the past year. In turn the banks agreed
to provide $600,000 in mortgage money,.
o But the city did not allocate .a, ny money. Without
the reserve funds, the banks wo, n t participate. .
Dan Pollock, the city's hoasmg development coot~-
dinator, and other city officials said no funds were
provided for several reasonS. The program lost out in
comPetition for the federul community development
money because other housing programs had a hi~her
PLEASE SEE NOME~/A?,i.
the
,lng
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 4S6
Roanoke. Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #15-230
SANDRA H. F..AKIN
Deputy City Clerk
Ms. Mimi Hodgin, Chair
Roanoke Arts Commission
805 Virginia Avenue
Salem, Virginia 24153
Dear Ms. Hodgin:
This is to advise you that the following persons have qualified as members of the
Roanoke Arts Commission: Mr. Fletcher L. Nichols, Jr., to fill the unexpired term
of Ms. Vicki Stauffer, ending June 30, 1993; Mr. Kemper A. Dobbins and Ms.
Harriett M. Stokes for terms of three years each, ending June 30, 1994.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
pc: Ms. Joyce A. Sink, Secretary, Roanoke Arts Commission
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
It 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 twenty-fourth day of June, 1991, FLETCHER NICHOLS was elected
as a member of the Roanoke Arts Commission to fill the unexpired
term of Vicki Stauffer, ending June 30, 1993.
Given under my hand and the Seal of the City of Roanoke this
twenty-sixth day of June, 1991.
City Clerk
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 eighth day of July, 1991, KEMPER A. DOBBINS was reelected
as a member of the Roanoke Arts Commission for a term of three
years ending June 30, 1994.
Given under my hand and the seal of the City of Roanoke this
fifteenth day of July, 1991.
City Clerk
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, ~ary F. Parker, City Clerk, and as such City Clerk of the
Council of the City of Roanoke and keeper of the records thereof,
do hereby certify that at a regular meeting of Council held on
the eighth day of July, 1991, HARRIETT M. STOKES was reelected as
a member of the Roanoke Arts Commission for a term of three years
ending June 30, 1994.
Given under my hand and the seal of the City of Roanoke this
fifteenth day of July, 1991.
City Clerk
Roanoke, Virginia
August 26, 1991
Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I request that City Council convene in Executive Session to
discuss disposition of publicly held property, specifically lease
of a public building and adjacent property, and to discuss specific
legal matters requiring the provision of legal advice by counsel,
specifically the terms and conditions of a lease agreement,
pursuant to Sections 2.1-344(A)(3) and 2.1-344(A)(7), Code of
Virginia (1950), as amended.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/KMK:sm
cc:
City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, 'vqrginia 24011
Telephone: (703)981-2541
August 28, 1991
File #277
SANDRA H. EAK~N
Deputy City Clerk
Mr. William S. Hubard, President
Downtown Roanoke, Inc.
310 First Street, S. W.
Roanoke, Virginia 24011
Dear Mr. Hubard:
Your report with regard to activities of Downtown Roanoke, Inc., during the past
year was before the Council of the City of Roanoke at a regular meeting held on
Monday, August 26, 1991.
On motion, duly seconded and adopted, the report was received and filed with
appreciation.
Sincerely
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
pc: Mr. Franklin D. Kimbrough, III, Executive Director, Downtown Roanoke,
Inc., 310 First Street, S. W., Roanoke, Virginia 24011
August 14, 1991
RECEtV£g
CITY CLEii¢ S
OFFICERS AND DIRECTORS
WILLIAM $. HUBARD
Center In The Square
President
WILLIAM H. FULTON
IBM Corporation
Vice President
ROBERT G. BENNETT
Grand Piano & Furniture Co, Inc
Vice President
H, LAWRENCE DAVIDSON
Davidson s
Vice President
STEPHEN R PARSON
Roanoke Valley Graduate Center
Vice President
RICHARD C. WALTERS
Books Strings & Things
Vice President
HOWARD P. WILKINSON, JR.
Sovran Bank
Secretary
JOSEPH B WRIGHT
Carilion Health System
Treasurer
BEVERLY T FITZPATRICK, JR
Dominion Bankshares Corporation
J RANDOLPH GARRETT, III
Chaney, Thomas Stephenson & Hill
PAUL M GRISSO
Mountain Top Orchards
EDWIN C. HALL
Hall Associates
JAMES W HARKNESS
Dominion Bankshares Corporation
F. EDWARD HARRIS
REGINALD K. HUTCHERSON
JAMES B. MA$SEY, III
EDWARD C MOOMAW, JR
PEGGY H. SPIEGEL
JAMES M TURNER, JR
MICHAEL M. WALDVOGEL
Ms. Mary F. Parker
City Clerk
City of Roanoke
215 Church Avenue
Roanoke, Virginia 24011
Dear Mary:
For the past several years, Downtown Roanoke
Incorporated has made a presentation on the
activities of our organization during the past year
and the state of our downtown. We usually do this
in the late summer or early fall each year. As
such, it is our request thaE we be placed on the
agenda for the August 26, 1991 Council meeting
scheduled for Oakland Elementary School at 7:00
p.m..
William S. Hubard, President of Downtown Roanoke
Incorporated will make the presentation on behalf
of our Board of Directors and our organization. It
is anticipated that his remarks will last no longer
than ten minutes.
We truly appreciate the support and cooperation we
have received during the past year from the City of
Roanoke. Many of the successes we all enjoy have
come as a result of the close cooperation and
partnership between the City of Roanoke and the
downtown business community. We are grateful for
this association and confidence.
If any additional information is required, please
contace me directly. Would you inform me
specifically where on the council agenda this
DOWNTOWN ROANOKE, INCORPORATED
310 FIRST STREET, S.W ,, ROANOKE, VIRGINIA 24011 · (703) 342 2028
Ms. Mary F. Parker
August 14, 1991
Page 2
presentation/report will be placed. Many
assistance in adding us to the agenda.
ly,
Franklin D. Kimbrough
Executive Director
thanks
for your
pc: W. Robert Herbert, City Manger
Brian J. Wishneff, Economic Development Chief
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 4S6
Roanoke, V'trffinia 24011
Telephone: (703)981-2541
August 28, 1991
File #54
SANDRA H. EAKIN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At the regular meeting of the Council of the City of Roanoke held on Monday, August
26, 1991, Ms. Dottie Sink, 802 Mountain Avenue, S. E., called attention to the
number of cats that have been put to sleep as a result of the recently enacted
Ordinance regulating the number of cats per household.
On motion, duly seconded and adopted, Council requested that you, or your
designee, meet with Ms. Sink to discuss certain revisions she would like to propose
relative to the Ordinance.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
pc: Ms. Dottie Sink, 802 Mountain Avenue, S. E., Roanoke, Virginia 24013
Mr. George C. Snead, Jr., Director of Administration & Public Safety
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #66-20-5
SANDRA H. EAI~N
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At the regular meeting of the Council of the City of Roanoke held on Monday, August
26, 1991, Ms. Julia H. Rader, 3315 Troy Avenue, N. W., and Mrs. William H.
Bushman, Sr., 3309 Troy Avenue, N. W., expressed concern with regard to cruising
on Williamson Road, N. W.
On motion, duly seconded and adopted, the matter was referred to you for
investigation and report to Council.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
pc:
Ms. Julia H. Rader, 3315 Troy Avenue, N. W., Roanoke, Virginia 24012
Mrs. William H. Bushman, Sr., 3309 Troy Avenue, N. W., Roanoke, Virginia
24012
Mr. George C. Snead, Jr., Director of Administration and Public Safety
Mr. M. David Hooper, Chief of Police
lVLa. RY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #60-467
SANDRA H. F. AKIN
Deputy City Clerk
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30672-82691 amending and reordaining certain
sections of the 1991-92 Grant Fund Appropriations, providing for appropriation of
$1,414,555.00 for operation of the Magnet School Programs at Addison Aerospace
Middle School and Fairview World of Plants and Animals. Ordinance No. 30672-82691
was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, August 26, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Mr. Barry L. Key, Manager, Office of Management and Budget
Mr. Finn D. Pincus, Chairman, Roanoke City School Board, 1116 Winchester
Avenue, S. W., Roanoke, Virginia 24015
Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke,
Virginia 24031
Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the
Board, P. O. Box 13105, Roanoke, Virginia 24031
the 1991-92 Grant
emergency.
WHEREAS,
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 26th Day of August, 1991.
No. 30672-82691.
AN ORDINANCE to amend and reordain certain
Fund
VIRGINIA
~ections of
Appropriations, and providing for an
Government
exist.
for the usual daily operation of the Municipal
of 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 1991-92 Grant Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
Education $21,195,312
Magnet School 1991-92 (1-34) ......................... 1,414,555
Revenue
Education $21 195 312
Magnet School 1991 92 (35) 1'414'
- · .......................... , ,555
1) Teachers (035-060-6980-6007-0121)
2) Coordinator (035-060-6980-6007-0124)
3) Health Insurance (035-060-6980-6007-0128)
4) Social Security (035-060-6980-6007-0201)
5) State Retirement (035-060-6980-6007-0202)
6) State Group Life
Insurance
7) Local Travel
8) Teachers
9) Health Insurance
10) Social Security
11) State Retirement
12) State Group Life
Insurance
13) Director
14) Health Insurance
(035-060-6980-6007-0205)
(035-060-6980-6007-0551)
(035-060-6980-6107-0121)
(035-060-6980-6107-0128)
(035-060-6980-6107-0201)
(035-060-6980-6107-0202)
(035-060-6980-6107-0205)
(035-060-6980-6207-0114)
(035-060-6980-6207-0128)
$ 72,332
30,313
7,652
7,853
16,967
1,048
1,100
103,832
7,652
7,944
17,164
1,059
51,665
5,739
15) Curriculum
Development
16) Other
Professional
Salaries
17) Clerical
18) Social Security
19) State Retirement
20) State Group Life
Insurance
21) Indirect Costs
22) Contracted
Services
23) Printing
24) Advertising
25) Administrative
Travel
26) Conference
Travel
27) Evaluation
Services
28) Textbooks
29) Instructional
Supplies
30) Equipment
31) Curriculum
Development
32) Textbooks
33) Supplies
34) Equipment
35) Federal Grant
Receipts
(035-060-6980-6207-0129) $ 22,670
(035-060-6980-6207-0138) 30,000
(035-060-6980-6207-0151) 14,700
(035-060-6980-6207-0201) 8,980
(035-060-6980-6207-0202) 17,929
(035-060-6980-6207-0205) 2,044
(035-060-6980-6207-0212) 23,640
(035-060-6980-6207-0311) 7,000
(035-060-6980-6207-0351) 32,740
(035-060-6980-6207-0361) 71,710
(035-060-6980-6207-0551)
(035-060-6980-6207-0554)
(035-060-6980-6207-0584)
(035-060-6980-6207-0613)
(035-060-6980-6207-0614)
(035-060-6980-6207-0822)
1,200
676
15,000
178,663
129,802
179,459
(035-060-6980-6307-0129) 15,200
(035-060-6980-6307-0613) 17,466
(035-060-6980-6307-0614) 262,356
(035-060-6980-6307-0822) 51,000
(035-060-6980-1102)
1,414,555
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk
DEPARTMENT OF FINANCE
CITY OF ROANOKE, VA.
August 26, 1991
CITY CL[~F; ~?~t£~£
'91 22 IU1:40
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
Joel M. $chlanger
School Board Request for the Appropriation of Funds
I have reviewed the attached request to appropriate funding for the
School Board. This report will appropriate funding for the Magnet School programs.
This grant is funded with 100% federal funds.
I recommend that you concur with this request of the School Board.
JMS/kp
Attachment
Finn D. Pincus. Chairman
Charles UJ. Day. Vice Chairman
Sallye T. Coleman
Boanoke
City School Board
Marllyn C. Curl:Is
Martha LU. O'Neil
Thomas L Orr
James M, Turner. Jr.
Frank p. Tol:a, Superintendent
Richard I.. Kelley, Clerk of the Board
P.O Box 13105, Roanoke, virginia 24031 · 703-981-2381
August 14, 1991
The Honorable Noel C. Taylor, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official action at its meeting of August 13,
1991, the School Board respectfully requests City Council to
appropriate $1,414,555.00 for the operation of the Magnet School
Programs at Addison Aerospace Middle School and Fairview World of
Plants and Animals. The funds for these programs will be
reimbursed one hundred percent by federal funds.
The approval of this request will be appreciated.
rg
Sincerely,
Richard L. Kelley
Clerk of the Board and
Executive for Business Affairs
CC:
Mr. Finn D. Pincus
Dr. Frank p. Tota
Mr. William L. Murray, Jr.
Mr. Kenneth F. Mundy, .Jr.
Mr. W. Robert Herbert
Mr. Wilburn C. Dibling
Mr. Joel M. Schlanger (with accounting details)
Excellence In Education-,
ROANOKE CITY SCROOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Magnet School 1991-92
6980
035-060-6980-6007-0121
035-060-6980-6007-0124
035-060-6980-6007-0128
035-060-6980-6007-0201
035-060-6980-6007-0202
035-060-6980-6007-0205
035-060-6980-6007-0551
035-060-6980-6107-0121
035-060-6980-6107-0128
035-060-6980-6107-0201
035-060-6980-6107-0202
035-060-6980-6107-0205
035-060-6980-6207-0114
035-060-6980-6207-0128
035-060-6980-6207-0129
035-060-6980-6207-0138
035-060-6980-6207-0151
035-060-6980-6207-0201
035-060-6980-6207-0202
035-060-6980-6207-0205
035-060-6980-6207-0212
035-060-6980-6207-0311
035-060-6980-6207-0351
035-060-6980-6207-0361
035-060-6980-6207-0551
035-060-6980-6207-0554
035-060-6980-6207-0584
035-060-6980-6207-0613
035-060-6980-6207-0614
035-060-6980-6207-0822
035-060-6980-6307-0129
035-060-6980-6307-0613
035-060-6980-6307-0614
035-060-6980-6307-0822
Appropriation Unit Z38
Elementary Teachers
Coordinator
Health Insurance
Social Security
State Retirement
State Group Life Insurance
Local Travel
Secondary Teachers
Health Insurance
Social Security
State Retirement
State Group Life Insurance
Director
Health Insurance
Curriculum Development
Other Professional Salaries
Clerical
Social Security
State Retirement
State Group Life Insurance
Indirect Costs
Contracted Services
Printing
Advertising
Administrative Travel
Conference Travel
Evaluation Services
Textbooks
Instructional Supplies
Equipment
Curriculum Development
Textbooks
Supplies
Equipment
72,332.00
30,313.00
7,652.00
7,853.00
16,967.00
1,048.00
1,100.00
103,832.00
7,652.00
7,944.00
17,164.00
1,059.00
51,665.00
5,739.00
22,670.00
30,000.00
14,700.00
8,980.00
17,929.00
2,044.00
23,640.00
7,000.00
32,740.00
71,710.00
1,200.00
676.00
15,000.00
178,663.00
129,802.00
179,459.00
15,200.00
17,466.00
262,356.00
51,000.00
$
035-060-6980-1102
Federal Grant Receipts
$ 1,414,555.00
The Magnet Schools program for 1991-92 will provide for the operation of the
Magnet School Programs at Addison Aerospace Middle School and Fairview World
of Plants and Animals. The program is one hundred percent reimbursed by
federal funds and will end June 30, 1992.
August 13, 1991
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke. V'wginia 240 ! 1
Telephone: (703)981-2541
August 28, 1991
File #60-236-133
SANDRA H. EAKIN
Deputy City Clerk
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30673-82691 amending and reordaining certain
sections of the 1991-92 Grant Fund Appropriations, providing for appropriation of
$25,000.00, in connection with establishment of a grant fund account for cash assets
forfeited to the Office of the Roanoke City Commonwealth's Attorney. Ordinance No.
30673-82691 was adopted by the Council of the City of Roanoke at a regular meeting
held on Monday, August 26, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
pc:
The Honorable Donald S. Caldwell, Commonwealth's Attorney
Mr. W. Robert Herbert, City Manager
Mr. George C. Snead, Jr., Director of Administration and Public Safety
Mr. Barry L. Key, Manager, Office of Management and Budget
the
emergency.
WHEREAS,
Government of the
exist.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 26th Day of August, 1991.
No. 30673-82691.
AN ORDINANCE to amend and reordain
1991-92 Grant Fund
certain ~ections of
Appropriations, and providing for an
for the usual daily operation of the Municipal
City of Roanoke, an emergency is declared to
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1991-92 Grant Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
A ro riations
Judicial Administration
Forfeited Criminal Assets
Revenue
Judicial Administration
Forfeited Criminal Assets
1) Administrative
Supplies
2) Expendable
Equipment < $500
3) Training and
Development
4) City Information
Systems
5) Furniture and
Equipment
6) Forfeited Criminal
Assets
(1-5) .....................
(6) .......................
(035-026-5140-2030) $ 2,000
(035-026-5140-2035) 3,000
(035-026-5140-2044) 7,000
(035-026-5140-7005) 3,000
(035-026-5140-9005) 10,000
(035-035-1234-7107) 25,000
$470,139
25,000
$470,139
25,000
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk
'91 ~UG 22 P2:42
Roanoke, Virginia
August 26, 1991
The Honorable Mayor and Mambers of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Cash Assets Forfeited to the Roanoke City Commonwealth
Attorney's Office
I concur in the attached letter from Donald S. Caldwell, Commonwealth's
Attorney, concerning the above subject.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:mp
Attach.
'9! IL~ 22 P2:42
Roanoke, Virginia
August 26, 1991
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, VA
Dear Members of Council:
Subject: Cash Assets Forfeited to the
Roanoke City Commonwealth Attorney's
Office
I. Backqround:
In an effort to better fund law enforcement efforts to fight crime,
particularly drug crime, in 1986 the Federal government adopted a
system of asset forfeiture whereby forfeited assets, under certain
conditions, could be returned to local law enforcement agencies,
police and prosecutors, for use in their fight against crime.
In July, 1991, Virginia's asset forfeiture statute, which generally
is patterned after the Federal statute, took effect providing that
forfeited criminal assets may be returned to local police and
prosecutors for use in the fight against crime.
Periodically, assets seized as evidence are ordered forfeited by
the local courts to the police or the Office of the Commonwealth,s
Attorney to be used for criminal law enforcement efforts.
II. Current Situation:
The Office of the Commonwealth,s Attorney anticipates that it will
receive $25,000 during the current fiscal year from the three
combined sources outlined in I. A., B. and C. above.
In order to facilitate receipt and distribution of these funds, as
well as protect the public's confidence through systematic
accounting, City Council action is requested to authorize the
Department of Finance to establish grant fund accounts through
which the Commonwealth may deposit and disperse funds.
III. Issues:
A. Need
B. Funds Availability
Mayor and Members of Council
Subject: Cash Assets Forfeited to the
Roanoke City Commonwealth Attorney's Office
August 26, 1991
Page 2
IV. Alternatives:
City Council concur in the request to establish a qrant fund
account for cash assets forfeited to the Office of the Roanoke City
Commonwealth,s Attorney for the reasons stated in II. B. above.
Need exists to provide additional funds and equipment to
enhance criminal investigations.
Funds availability will be controlled by effectiveness of
investigations through assets seized and forfeited in joint
investigations with federal, state, and local agencies.
City Council reject the request to establish the proposed qrant
fund accounts.
Need for supplemental funds enabling increased effectiveness
of investigation and prosecution will not be met.
2. Funds will not be received from the sources enumerated.
Recommendat'on is that Council approve alternative "A" to establish the
proposed grant accounts and:
A. Appropriate $25,000 to the following grant fund accounts:
1. Administrative Supplies
035-026-5140-2030 $ 2,000
2. Expendable Equipment (<$500) 035-026-5140-2035 $ 3,000
3. Training & Development
035-026-5140-2044 $ 7,000
4. City Information Systems
035-026-5140-7005 $ 3,000
5. Furniture & Equipment >$500 035-026-5140-9005 $10.000
TOTAL $25r000
Mayor and Members of Council
Subject: Cash Assets Forfeited to the
Roanoke City Commonwealth Attorney's Office
August 26, 1991
Page 3
Establish the revenue estimates for these grant funds for $25,000.
Respectfully submitted
Donald S. Caldwell ~-/
Commonwealth,s Attorney
City Attorney
Director of Finance
Director of Administration & Public Safety
MARY F. PARKER
City Clerk
CITY OF ROANOKE.
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #236-178
SANDI~ H. F_AKIN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30674-82691 approving the loan of Community
Development Block Grant (CDBG) funds to individuals in connection with the City's
Home Purchase Assistance Program, authorizing you to execute documents providing
for the assignment of certain options to Tessa Lynette Leak to purchase and
rehabilitate property located at 1231 Hanover Avenue, N. W., in an amount not to
exceed $20,500.00, and to Lewis J. and Kathy R. Lambert to purchase and
rehabilitate property located at 806 Rorer Avenue, S. W., in an amount not to exceed
$14,800.00; authorizing you to execute documents approved as to form by the City
Attorney necessary to implement and administer the loans, including Construction
Disbursement Agreements; authorizing the City Attorney and Director of Finance to
serve as trustees with regard to the related deed of trust securing the notes for the
loans; authorizing you to execute certificates of satisfaction upon full payment and
satisfaction of the loans; and authorizing recordation by the City Attorney of the
certificates of satisfaction in the Office of the Clerk of the Circuit Court for the City
of Roanoke. Ordinance No. 30674-82691 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 26, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
mne.
pc:
Ms. Tessa Lynette Leak, 801 Westwood Boulevard, N. W., #46, Roanoke,
Virginia 24017
Mr. Lewis J. Lambert and Ms. Kathy R. Lambert, 1809 Chapman Avenue,
S. W., Roanoke, Virginia 24016
Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and
Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017
The Honorable Dale A. Hendrick, Clerk of the Circuit Court
Mr. Joel M. Schlanger, Director of Finance
Mr. ~'~'. Robert Herbert
A~t~ust 28, 1991
Page 2
pc:
Ms. Deborah J. Moses, Chief of Billings and Collections
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. William F. Clark, Director of Public Works
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. H. Daniel Pollock, Housing Development Coordinator
Ms. Marie T. Pontius, Grants Monitoring Administrator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 26th Day of August, 1991.
No. 30674-82691.
AN ORDINANCE approving the loan of Community Development Block
Grant (CDBG) funds to individuals in connection with the City's
Home Purchase Assistance Program, authorizing the City ~Ianager to
execute documents providing for the assignment of certain options
to those individuals, authorizing the City Manager to execute docu-
ments approved as to form by the City Attorney necessary to imple-
ment and administer the loans, including Construction Disbursement
Agreements, authorizing tile City Attorney and Director of Finance to
serve as trustees with regard to the related deed of trust securing
the notes for the loans, authorizing the City Manager to execute
certificates of satisfaction upon full payment and satisfaction of
the loans, and authorizing recordation by the City Attorney of the
certificates of satisfaction in the Office of the Clerk of the Circuit
Court for the City of Roanoke; and providing for an emergency.
WHEREAS, Council has previously approved the concept of the
Home Purchase Assistance Program in which the City will provide
loans for purchase, closing costs and additional property rehabili-
tation from CDBG funds to low-moderate income households agreeing to
buy and repair certain identified substandard housing, contingent
upon approval by the Virginia Housing Development Authority (VHDA)
of State rehabilitation loans, or other rehabilitation financing.
WHEREAS, Council has previously authorized the execution of
certain option agreements in connection with the Home Purchase
Assistance Program.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
The City Manager is hereby authorized to loan CDBG funds
in connection with the City's Home Purchase Assistance Program to
the individuals identified in the City Manager's report dated
August 26, 1991, upon the terms and conditions set forth therein.
2. The City Manager is hereby authorized to execute docu-
ments, upon form approved by the City Attorney, providing for the
assignment of certain options to Tessa Lynette Leak and to Lewis J.
Lambert, Jr., and Kathy R. Lambert, as set forth in the report of
the City Manager dated August 26, 1991.
3. The City Manager is hereby authorized for and on behalf of
the City to execute documents approved as to form by the City
Attorney necessary to implement and administer the loan, including
a Construction Disbursement Agreement, in connection with the Home
Purchase Assistance Program loans to be made to Tessa Lynette Leak,
which loan amount shall not exceed $20,500.00 for the purchase
price, closing costs, attorney fees and rehabilitation of the pro-
perty at 1231 Hanover Avenue, N.W., and to Lewis J. Lambert, Jr.,
and Kathy R. Lambert, which loan amount shall not exceed
$14,800.00, for the purchase price, closing costs, attorney fees
and rehabilitation of the property at 806 Rorer Avenue, S.W., all
of which is in accordance with the recommendations contained in the
City Manager's report dated August 26, 1991.
4. To secure payment of the loan of CDBG funds made under the
Home Purchase Assistance Program and performance by the loan reci-
pients, each recipient shall execute a deed of trust and deed of
- 2 -
trust note,
Attorney.
5. Wilburn C.
Schlanger, Director
authorized to serve as Trustees for
beneficiary.
which documents shall be approved as to form by
Dibling, Jr., City Attorney, and Joel M.
of Finance (hereinafter "Trustees"), are
the City
hereby
and on behalf of the City as
6. Pursuant to §26-49, Code of Virginia (1950), as amended,
City Council reserves the right in its sole discretion for any
reason whatsoever to appoint a substitute trustee or trustees.
7. Upon payment or full satisTaction of the debt secured by
the deeds of trust and delivery of the cancelled deed of trust notes
to the person or persons by whom it was paid, the City Manager
shall be authorized to execute a certificate of satisfaction upon
form prepared by the City Attorney, and the City Attorney shall be
authorized to file such certificate of satisfaction in the Office
of the Clerk of the Circuit Court of the City of Roanoke.
8. 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.
- 3 -
Honorable Mayor and Members of Council
Roanoke, Virginia
Roanoke, Virginia
August 26, 1991
Dear Members of Council:
Subject: Community Development Block Grant Loans under the
Home Purchase Assistance Program
I. Background
$2#0~000 in Community Development Block Grant (CDBG) funds were
allocated to the Home Purchase Assistance Program (HPAP) by City
Council on 3une 26, 1989, allowing the City to provide CDBG loans to
]ow-moderate income households agreeing to buy and repair certain iden-
tilled substandard houses. The Program is administered jointly by the
City and the Roanoke Redevelopment and Housing Authority (RRHA).
United States Department of Housing and Urban Development (HUD) provides
Section 312 Rehabilitation loans for rehabilitation of residential
housing units to qualifying applicants at 3% interest with 20 year
terms. RRNA approves individual loans, oversees rehabilitation, and
administers the MUD Section 3i2 Program in the City.
State Department of Housing and Community Development (DtiCD) and
Virginia Housing Development Authority (VHDA) jointly administer the
Local Housing Rehabilitation Loan Program on the State level.
VHDA provides loan approval and servicing for $25,000 maximum reha-
biJitation loan/grants available to qualifyin§ low-moderate income
households at 4% interest with i5 year terms.
II. Current Situation
Home Purchase Assistance Program Selection Committee~ which is composed
of both RRHA and City staff~ recommends approval of CDBG loans as
follows:
CDBG loan not to exceed $20~500 to Tessa Lynette Leak to
purchase and rehabilitate 1231 Hanover Avenue, NW, Tax Parcel
112220609, ($1g,000 purchase price, $500 attorney's fees, and
$2,000 dosing costs) through the program, subiect to approval
of rehabilitation financing through the HUD Section 312
program; and
CDBG loan not to exceed $1#~800 to Lewis 3. Lambert, 3r. and
Kathy R. Lambert to purchase and rehabilitate g06 Rorer Avenue,
SW, Tax Parcel 111112208 ($12,300 purchase price, $500 attor-
ney's fees, and $2,000 closing costs) through the program, sub-
ject to approval of rehabilitation financing from the State.
August 26, 1991
Page 2
A purchase agreement exists between Tessa Lynette Leak, purchaser, and the
owner of 1231 Hanover Avenue, NW, Tax Parcel #2220609 subject to purchaser
obtaining financing under the Home Purchase Assistance Program. RRHA has
notified the City that the HUD Section 312 rehabilitation loan for this
low-moderate income household has been approved.
A purchase agreement exists between Lewis 3. Lambert, 3r. and Kathy R.
Lambert~ purchaser, and the owner of 806 Rorer Avenue~ S. ~/., Tax
Parcel # 111220g subject to purchaser obtaining financing under the
Home Purchase Assistance Program. VHDA has notified the City that the
State rehabilitation loan for this low-moderate income household has been
approved.
City Council's approval to provide CDBG loans to the low-moderate
income households is necessary to allow the purchase and rehabilitation
of a currently substandard vacant properties to occur through the Home
Purchase Assistance Program.
III. Issues
A. Cost to the City.
[3. Effect on Housing Conditions.
C. Timing.
D. Administration.
IV. Alternatives
Approve CDBG loan not to exceed $20~500 to Tessa Lynette Leak for the
purchase and rehabilitation of 1231 Hanover Avenue, N~, and approve
CDBG loan not to exceed $1#,g00 to Lewis J. Lambert, Jr. and Kathy
Lambert for the purchase and rehabilitation of 806 Rorer Avenue, S. ~.
under the Home Purchase Assistance Program, and authorize the City
Manager to execute documents to be approved as to form by the City
Attorney necessary to implement and administer the loans, including
Construction Disbursement Agreements. Upon payment or full satisfac-
tion of the debt secured by the Deed of Trust and delivery of the
cancelled Deed of Trust Note to the person or persons by whom it was
paid, the City Manager will execute a Certificate of Satisfaction upon
such a form prepared by the City Attorney, and the City Attorney shall
file such Certificate of Satisfaction in the Office of the Clerk of the
Circuit Court of the City of Roanoke. Notes evidencing these loans and
the Deeds of Trust (naming :Joel M. Schlanger and ~'ilburn C. Dibling,
3r. as Trustees) securing these loans to be approved as to form by the
City Attorney. (Attachments)
August 26, 1991
Page 3
Cost to the City will be $35,300 in CDBG loans. Funding is
available in the Grant Fund in account number 035-089-g920-5115.
Funds will revolve back to the City over a fifteen (15) year period
with 4% interest. The City will receive increased tax revenue on
the improved properties.
Effect on housing conditions will be positive as home-ownership
opportunities will be provided to low-moderate income households
who will rehabilitate and occupy currently substandard vacant pro-
perties, thereby contributing to neighborhood stabilization and
rejuvenation.
Timing is critical, since delay in approving the loans may cause
termination of purchase agreements between the buyers and sellers.
Immediate Council approval of the CDBG loans will allow closing to
be held as provided in agreements betweens the buyers and sellers of
these properties.
4. Administration of the rehabilitation will be overseen by RRHA, as
provided for in the City's contract for services. Servicing of the
City's loans will be handled by Dominion Bankshares Mortgage
Corporation as provided for in existing Mortgage Loan Service
Agreement.
Do
not approve CDBG loans.
Cost to the City can be recognized as lost opportunity cost, as
vacant, deteriorating properties will probably not be rehabili-
tated and occupied by homeowners, lhe City will not receive
increased tax revenue from the improved properties, and the tax
base of nearby properties is likely to suffer as well.
Effect on housing conditions will be negative as vacant, substan-
dard properties probably will continue to deteriorate to the
detriment of surrounding properties and neighborhoods. Further,
home-ownership opportunities for low-moderate income households
will be lost.
Timing would require prompt notification to both the low-moderate
income purchasers and the sellers that the sales cannot close.
Administration would not be an issue.
August 26, 1991
Page #
V. Recommendation:
Adopt Alternative Ay thereby approving CDBG loan not to exceed $20,500 to
Tessa Lynette Leak for the purchase and rehabilitation of 1231 Hanover Avenue,
NW, and approving CDBG loan not to exceed $1#,800 to Lewis 3. Lambert, 3r. and
Kathy R. Lambert for the purchase and rehabilitation of 806 Rorer Avenue S. ~.,
under the Home Purchase Assistance Program~ and authorizing the City Manager to
execute documents to be approved as to form by the City Attorney necessary to
implement and administer the loans~ including Construction Disbursement
Agreements. Upon payment or full satisfaction of the debt secured by the Deed
of Trust and delivery of the cancelled Deed of Trust Note to the person or per-
sons by whom it was paid, the City Manager will execute a Certificate of
Satisfaction upon such a form prepared by the City Attorney~ and the City
Attorney shall file such Certificate of Satisfaction in the Office of the Clerk
of the Circuit Court of the City of Roanoke. Note evidencing these loan and the
Deeds of Trust (naming 3oel M. Schlanger and Wilburn C. Dibling, 3r. as
Trustees) securing these loans to be approved as to form by the City Attorney.
(Attachments)
Respectfully submitted,
W. Robert Herbert
City Manager
BC:rs(CR.50.1, 50.2, 50.3, 50.t;)
Attachments
cc.'
City Attorney
Director of Finance
Director of Public Works
Building Commissioner
Housing Development Coordinator
Grants Monitoring Administrator
Chief~ Office of Billings and Collections
Director, RRHA
ATTACHMENTS
THIS IS A PURCHASE MONEY DEED OF TRUST
THIS DEED OF TRUST made as of the
by and between
__day of .,19
(herein referred to as "Grantor") and Wilburn C. Dibling, 3r., of the City of
Roanoke, Virginia, and 3oel M. Schlanger, of the County of Roanoke, Virginia
(herein referred to as "Trustees"), either of whom may act; and the City of
Roanoke, Virginia (herein referred to as the "City") legal holder of the hereinafter
described note,
NOW THEREFORE, WITNESSETH: That for and in consideration of the provi-
sions of this Deed of Trust (herein referred to as "Deed") and of $1.00 cash in
hand paid and other valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Grantor does hereby grant and convey unto the
Trustees, with General Warranty of title, the real property described with par-
ticularity in Exhibit A, which is attached hereto, together with all buildings,
improvements, and fixtures now or hereafter erected thereon, including without
limitation all apparatus, equipment, fixtures or articles, used to supply heat,
gas, air conditioning, water, light, power, refrigeration, ventilation, or other
services, and all items of personal property and any other thing now or hereafter
therein or thereon used in connection with the real property including without
limitation screens, window shades, storm doors and windows, affixed floor
coverings, screen doors, venetian blinds, awnings, stoves and water heaters (all
of which are declared to be a part of said real property whether physically
attached thereto or not); and also together with all rights, privileges, appur-
tenances, easements belonging or in any way appertaining thereto or otherwise
relating to the real property, as well as any unearned hazard insurance premium
with respect to such real property, all of which are hereby pledged, assigned,
transferred and set over unto the Trustees, whether now due or hereafter to become
due (all of such real property herein referred to as "Property") .
IN TRUST, to secure to the City the performance and payment by
the Grantor of all present and future obligations arising out of the Note and
accompanying documents between Grantor and the City for an amount not to exceed
at any one time outstanding the pricipal sum of
($ ) plus finance charges, late charges,
and costs of collection, including attorney's fees and foreclosure expenses, to the
order of the City of Roanoke, Virginia (hereinafter referred to as "Secured
Indebtedness") which Secured Indebtedness is due and payable on order of the City,
and also to secure the due and punctual performance by Grantor of each and every
covenant and agreement (hereinafter referred to as the "Secured Covenants") of the
Grantor to and with the City concerning or relating to the Property.
Page I of 9
THIS DEED OF TRUST, except to the extent inconsistent with the specific
and express provisions contained herein, shall in all other respects be read and
construed with, and to such extent be deemed to incorporate by reference, the pro-
visions of Section 55-59, Code of Virginia (1950), as in force and effect on the
date of aknowledgement hereof, and shall include in short form provided in Section
55-60 of said Code the following provisions:
Exemptions waived
Subject to all upon default
Renewals and extensions permitted
Insurance required dollars
Substitution of Trustee permitted
Any Trustee may act.
The parties hereto aknowledge that the Grantor has executed a
deed of trust note of even date (the "Note") payable to the City in the amount of
Dollars
($ ) and maturing on , 19 and evidencing a loan for the
purchase and/or rehabilitation of a single family residence intended for occupancy
by persons and families of low and moderate income. The Grantor desires to secure
to the City the payment of certain indebtednesses of the Grantor to the City and
the performance of certain covenants made by the Grantor to the City.
SECURED COVENANTS
The parties hereto do further covenant and agree as follows:
1. Title~ Payment and Performance. Grantor hereby covenants that Grantor is
lawfully seized of an indefeasible estate in the Property in fee simple and has the
right to convey it; that Grantor will execute such further assurances of title as
may be requisite; that Grantor will pay punctually and promptly all of the said
indebtedness; and that no purchaser hereunder shall be required to look to the
application of the purchase money.
2. Maintenance of the Property. (i) Grantor shall promptly repair, restore or
rebuild any part of the Property that may become damaged or destroyed while subject
to the lien of this Deed; (ii) Grantor shall not commit or suffer waste of the
Property; (iii) Grantor shall not commit or suffer to be done or exist on or about
the Property any condition whereby the Property shall become less valuable; (iv)
without prior permission, Grantor shall not remove or demolish any part of the
Property; (v) Grantor shall comply with all applicable laws, ordinances, regula-
tion, covenants, conditions and restrictions affecting the Property, and not suffer
or permit any violations thereof.
3. Rents and Profits. Grantor hereby transfers, sets over and assigns to the
City all rents and profits of the Property from time to time accruing, whether under
leases or tenancies now existing or hereafter created, providing that the Grantor
reserves the right to receive and retain such rents and profits so long as the
Grantor is not in default hereunder.
#. Expenses Incurred in Collection of Secured Indebtedness. Grantor agrees to
pay all expenses incurred in the collection of the indebtedness hereby secured,
including reasonable attorney's fees or a reasonable fee for the services rendered
by the City's Attorney in enforcing any right of the City in the collection of the
indebtedness hereby secured.
Page 2
5. Condemnation Under Eminent Domain~ 3udgements~ Awards of Damages~
Settlements~ and Compensation. if the Property, or any part thereof, be
condemned under the power of eminent domain, the proceeds and consideration for such
acquisition to the extent of the fuji amount then secured by this Deed of Trust, are
hereby assigned by Grantor to the City of Roanoke and shah be paid forthwith and
directly to the City of Roanoke to be applied on account of the then full amount of
the indebtedness hereby secured. Grantor further transfers, sets over and assigns to
the City all judgements, awards of damages, settlements and compensation made in con-
nection with or in lieu of (i) any damage to or destruction of the Property by
casualty, and (ii) any other injury or damages to the Property. The City is
authorized and empowered (but not required) to collect and receive any such sums
and is authorized to apply them in whole or in part to the reduction of the Secured
indebtednesses and/or to the performance of the Secured Covenants.
6. Default in Payment of Indebtedness. Grantor agrees that if default be made
in the payment of the indebtedness or covenants hereby secured, the Trustees (i) may
take possession of the real estate, or any part hereof, and ]ease in the name of and
for the account of Grantor, or in the name of and for the account of its then owner~
or (ii) may give notice of such default to the lessee of the Property in the event it
shah have been leased by the Grantor, and thereafter collect the rents from the
lessee. In either of such events, the Trustees shah deduct from such rents all
costs of collection and administration and apply the net proceeds to the Secured
Indebdtedness. The Trustees are hereby empowered to bring in their names, or each of
them, or in the name of the owner of the Property, any suit or action they may deem
advisable for the enforcement of the provisions of this clause to the same extent as
if the Trustees were then lessor of the Property, but the Trustees shah be in no way
personally liable under any of the provisions of such lease or of this clause, and
shall not be personally liable to any person by virtue of their possession of the
Property or by virtue of their acting under any provision of this clause, except to
the extent of accounting for rents actually received by them hereunder. The rights
and remedies given under this clause are in addition to and not in lieu of those
given by law or by other clauses of this deed, and may be exercised without pred-
judice to such other rights and remedies.
7. Default and Payment of Taxes or Assessments. Grantor further agrees that in
the event of default, or in the payment of any taxes or assessments, the City of
Roanoke may pay same, and all sums so advanced shall immediately attach as a lien
hereunder, and be payable on demand. Upon failure or inability faithfully and fully
to keep and perform any of the other conditions or covenants herein provided, then
upon any and every such default so made as aforesaid, it is expressly covenanted and
agreed by Grantor that the City of Roanoke may, after thirty days default, treat the
whole principal debt and interest thereon hereby secured as thereupon immediately
due and payable, and shall, in order to recover said principal debt or sumand
interest, have the right then or thereafter at any time to sue thereon at law or in
equity, or to enforce payment thereof by means of any remedies or provisions in
this instrument contained, and these rights shall exist notwithstanding that, by
the terms of the note or notes hereby secured, they may not on their face be due.
8. Advertisement For Sale. In the event of default occurring as described in
the preceding paragraph, then the Trustees, their successors or assigns, on being
requested to do so by the City of Roanoke, shall sell for cash the Property, after
first advertising the time, place and terms of sale once a week for two weeks in some
newspaper published in, or having a general circulation in, the county, city or town
wherein the Property lies, or by any method of advertisement that the Trustees may
deem advisable.
Page 3
9. Entry and Receivership. In the event of any default hereunder and irrespec-
tive of whether the City accelerates the maturity of all indebtednesses secured
hereby, the City may exercise the rights and remedies provided herein. In addition,
in the event of such default, the City, upon the City's written demand to the
Trustees, or the Trustees, without notice, may enter upon and take possession of the
Property or any part thereof, and perform personally or by their agents any acts
which the City or the Trustees deem necessary or proper to operate, manage and con-
serve the Property and/or have a receiver appointed.
10. Postponement or Continuance of Sale. If at the time of the sale the said
Trustees, or the one acting, shall deem it best for any reason to postpone or con-
tinue said sale for one or more days, they or he may do so, in which event, notice of
such postponement or continuance shall be made in such manner as the Trustees, or the
one acting, may deem sufficient. It is further agreed that if the said property
shall be advertised for sale as herein provided and not sold, the Trustees, or the
one acting, shall be entitled to one-half the commission by law provided, to be com-
puted on the amount of the principal then unpaid.
Il. Written or Oral Representations oi Default. Grantor iurther covenants that
the Trustees may rely upon the written or oral representations of the City of Roanoke
that this Deed of Trust is in default, and all action taken pursuant to notice of
default and request for foreclosure shall be binding upon Grantor, the Trustees and
those claiming through or under them.
12. Quiet Use~ Possession and Management. Until default in the payment of the
indebtedness hereby secured, or the breach of one or more of the covenants of the
note(s) evidencing the said indebtedness, or of this Deed of Trust, or the happening
of any event which would constitute a default under the terms hereof, Grantor shall
remain in quiet use, possession and management of the Property, and in enjoyment of
the income, revenue and profits therefrom, subject to the terms of this Deed.
13. Heirs~ Executors~ Administrators~ Successors and Assigns. The covenants
contained herein shall bind, and the benefits and advantages shall inure to, the
respective heirs, executors, administrators, successors and assigns of the parties
hereto. Whenever used, the singular number or noun shall include the plural and the
plural the singular.
14. Sales and Transfers Prohibited. During the period that the Note, is
secured by this Deed, the Grantor will not, without the prior written consent of
the City, sell, assign, convey or transfer, nor suffer or permit any sale, assign-
ment, conveyance or transfer of all or any part of any interest in the Property or
any other security hereunder. Any permitted sale, conveyance or transfer shall be
on terms and conditions as the City shall prescribe. If all or any part of the
Property or interest therein is sold, transferred or leased by the Grantor, or he
contracts to sell, transfer or lease the same, without the prior written consent of
the City o~ Roanoke, the City, at its option, may declare all sums hereby secured
to be immediately due and payable. No sale of the Property, forebearances on the
part of the City or extension of time for the payment of the Secured Indebtednesses
given by the City shall operate to release, discharge, modify, change or affect the
original liability of the Grantor herein either in whole or in part.
Page
15. Insurance. Grantor shah maintain property and casualty insurance for the
full replacement cost of the Property, and to maintain policies of insurance against
other such hazards, casualties and contingencies as the City may require, with all
such policies to be in form satisfactory to, and in insurance companies approved by,
the City. The proceeds of any such insurance shall be applied to the full repayment
of the Secured Indebtednesses. Such policy or policies shaH, at the option of the
City, be directed to and held by the City without liability.
16. Rights of City to Remedy Defaults. (a) If the Grantor defaults in payment
of any sums or in the performance of any act required to be paid or performed by the
Grantor under the provisions of any of the covenants herein, the City may, at its
option, make payment thereof or perform any act required of the Grantor, to such
extent and in any form or manner deemed expedient by the City, and pay any other
sums, expenses, and charges inc]uding attorneys' fees which the City deems necessary
and appropriate therefor. The City shall be the sole judge of the validity, priority
and amount of any such claim so paid by it and the necessity for the performance by
the City of any such act which the Grantor was required but failed to perform. The
City at its option, shall be subrogated to any encumbrance, lien, claim or demand
which it has paid under the provisions hereof and any such subrogation rights shall
be additional and cumulative security to those set forth in this Deed and as provided
by law. (b) Upon the payment of any sums or performance of any act which the Grantor
fails to pay or to perform, the amount so paid or the cost of performing any such
act, together with other sums paid or incurred by the City (inc[uding charges, expen-
ses and attorneys' fees deemed necessary or appropriate by the City to effect such
payment or to perform such act) immediately and without demand, shall be paid by the
Grantor to the City. The foregoing amounts shah be secured hereby.
17.
Rehabilitation. (a) The Grantor agrees that it will comply with the provi-
sions of all applicable federal, state and local laws prohibiting
discrimination in housing and that the Grantor, to the extent it has
employees, and all of Grantor~s contractors and subcontractors engaged
Jn the construction, rehabilitation, or management of the Property,
shall provide an equal opportunity for employment without unlawful
discrimination. (b) The provisions of this paragraph shall apply
during the period when the Secured Indebtedness is secured by this
Deed.
(i)
a. The Grantor shall commence and proceed with the rehabilitation
with ali practical dispatch, and in an economical, efficient and
good and workmanlike manner, in compliance with the Plans and in
accordance with the provisions hereof and with all applicable
laws.
b. The Grantor shall commence and proceed with the provision or
the performance of the labor, services or materials necessary to
install, construct or complete those improvements in accordance
with the work write-up or the plans and specifications for the
Property which were submitted to and approved by the City (such
write-up or plans and specifications are referred to herein as
the "Plans"). The Plans are incorporated herein by reference.
Page
c. in the event that any proceeding or authorization is required
by any applicable ]aw or regulations either to enable the Grantor
to execute, deliver or perform its duties hereunder or to undertake
and complete the Rehabilitation, the Grantor will take all steps
necessary including the payment of license and permit fees, to
secure such approval, or to comply with such Jaw or regulation.
d. The Grantor shall not permit any changes to the Plans without
the approval of the City. Any desired changes must be approved by
a change order signed by the Grantor and the Building Commissioner
or the Assistant Building Commissioner for the City of Roanoke.
(ii) It is agreed that the Grantor shall execute a Construction
Disbursement Agreement and that the method of payment to Grantor of
amounts disbursed in escrow pursuant to that Construction Disbursement
Agreement this day and evidenced by the Note shall be governed by the
terms and provisions of the Construction Disbursement Agreement dated
, 19__, and incorporated herein by reference.
(iii)a. The Grantor understands that the City is subject to the
requirements of the Virginia Housing Partnership Revolving Fund
Guidelines as amended from time to time (referred to herein as
the "Fund Guidelines"). The Grantor hereby covenants and agrees
to comply with the Fund Guidelines and agrees not to act or fail
to act in any way which would cause the City to be in non-
compliance with any of the Fund Guidelines.
b. Without in any way limiting the foregoing, and without the
prior written consent of the City, the Grantor shall not rent to,
or otherwise allow occupancy of the Property by, any person or
family other than the the Grantor and his family (who, shall at
the time of execution of this Deed~ have an annual gross income
less than or equal to 80% of the median family income as deter-
mined by the Virginia Housing Partnership Revolving Fund for the
applicable market area), for a period to expire eight years from
the date hereon, and after this eight year period the Grantor
shall not rent to, or otherwise allow occupancy of the Property
by, any person or family who, shall at the time of occupancy,
have an annual gross income greater than 80% of the median family
income as then determined by the Virginia Housing Partnership
Revolving Fund for the applicable market area. The Grantor
shall examine and determine the income and eligibility of any
person or family who is to rent or occupy the Property and shall
report such determination to the Virginia Department of Housing
and Community Development, or its assigns, in such form as it
shall require. Such examination and determination shall be made,
and such report shall be submitted to the City for approval prior
to initial occupancy of the Property by such person or family.
The Grantor will not permit the use of the Property except as a
single family residence without the prior approval of the City.
Page 6
18. Approvals and Authorizations. All approvals and authorizations under this
Deed of Trust shall be in writing from the Building Commissioner or the Assistant
Building Commissioner for the City of Roanoke.
19. Events of Default. Any one or more of the following events shall consti-
tute a default under this Deed:
(a) Default in the payment of any portion of the Secured Indebtedness
or any installment thereof, whether principal, interest, when and as the
same shall become due and payable, whether at maturity or by acceleration
or otherwise; or
(b) Default in the due performance or observance of any Secured Covenant;
or
(c) Misrepresentation or omission by the Grantor of any material fact
in the Application, any supplements or amendments thereto or in or with
respect to any document or information furnished pursuant thereto.
(d) If the Grantor shall be involved in financial difficulties as eviden-
ced: (i) by an admission in writing of its inability to pay its debts
generally as they become due; (ii) by filing a petition in bankruptcy or
for the adoption of an arrangement under the National Bankruptcy Act (as
now or in the future amended) or an admission seeking the relief therein
provided; (iii) by making an assignment for the benefit of creditors;
(iv) by consenting to the appointment of a receiver or trustee for all or a
substantial part of its assets or to the filing of a petition against it
under said Bankruptcy Act; (v) by being adjudicated a bankrupt; (vi) by
the entry of a court order appointing a receiver or trustee for all or a
substantial part of the assets of Grantor or approving as filed in good
faith a petition filed against it under said Bankruptcy Act; (vii) by the
assumption of custody or sequestration by a court of competent jurisdiction
of all or substantially all of the assets of the Grantor; (viii) by an
attachment for an amount in excess of $5,000 on any substantial part of the
assets of the Grantor which shall not be discharged within thirty (30) days
from the making thereof; (ix) by a judgement or decree for the payment of
money in excess of $5,000 being entered against the Grantor, or if an
attachment, execution or levy is made upon any of its assets and the judge-
ment, execution or levy, as the case may be, is not discharged or stayed
within thirty (30) days from the date of the judgment, attachment, execu-
tion or levy as the case any be; or (x) by default under any deed of trust
recorded prior to this Deed.
20. Delay. No delay by the City or the Trustees in exercising any right or
remedy hereunder or otherwise afforded by law shall operate as a waiver thereof or
preclude the exercise thereof during the continuance of any default hereunder.
21. Remedies Cumulative. No remedy herein contained or conferred upon the City
or the Trustees is intended to be exclusive of any other remedy or remedies afforded
by law or by the terms hereof to the City or the lrustees, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity.
Page 7
22. Headings. The headings herein are inserted for convenience of reference
and in no way define, limit or describe the scope or intent of this Deed, or of any
particular provision thereof, or the proper construction thereof.
23. Entire Agreement. This writing, and all documents referred to herein,
constitute the entire agreement. No modification of this writing shall be made
without written consent of the Grantor and the City.
24. Enforceability. If any term or provisions of the Deed of Trust is invalid
or unenforceable to any extent, the remainder of this Deed of Trust will not be
affected.
25. Notice. Any notice, demand or other communication required or otherwise to
be sent or delivered to City shall be sent by first class mail to:
Housing Development Office, Administrator
215 Church Avenue S~
Room 170 - Building Department
Roanoke, VA 24011-1592.
Upon the payment of all Secured Indebtednesses and upon the performance of all
Secured Covenants, the Grantor covenants to pay the expenses of releasing this Deed.
WITNESS the following signatures and seals.
(SEAL)
(SEAL)
STATE OF VIRGINIA
CITY OF ROANOKE, to wit:
day of
The foregoing instrument was acknowledged before me this
, 19 by
My commission expires:
NOTARY PUBLIC
Page 8
EXHIBIT A
Property Description
Page 9
CITY OF ROANOKE, VIRGINIA
DEED OF TRUST NOTE
$ Roanoke, Virginia
, 19
FOR VALUE RECEIVED, the undersigned jointly and severally promise to
pay to the order of the City of Roanoke, Virginia (the "Noteholder"), the
principal sum of
Dollars ($
with interest on the unpaid principal balance from the first day of the second
month following the month in which closing occurs, until paid, at the rate of
four percent (q%) per annum. The principal and interest shall be payable at the
principal office of the City of Roanoke, Department of Billings and Collections,
or such other place as the Noteholder may designate in writing, in consecutive
monthly installments of
Dollars ($ ) each, on the first day of each month beginning
19__, and continuing on the like day of each successive month thereafter until
the entire indebtedness evidenced hereby is fully paid, except that any
remaining, if not sooner paid, shah be due and payable on the 1st day of
, 19__.
All payments received by the Noteholder on account of this Note shall
be first applied to accrued interest and the residue to reduction of principal.
The undersigned shall pay to the Noteholder a late charge of five
percent (5%) of any installment not received by the Noteholder within fifteen
(15) days of its due date.
If there is a breach of any of the covenants contained in the Deed of
Trust to 3oel M. Schlanger and Wilburn C. Dibling, 3r., Trustees, of even date
herewith and recorded in the Clerk's Office of the Circuit Court for the City of
Roanoke, which said Deed of Trust secures the debt hereby evidenced, or in the
event that any monthly installment due under this Note is not paid when due and
remains unpaid for a period of fifteen (15) days after written notice is sent,
stating that any of the parties hereto shah be in default, then the entire
principal amount outstanding hereunder and accrued interest thereon shaH, at
the option of the Noteholder, immediately become due and payable for all pur-
poses whatsoever, and its collection may be enforced by any remedy in law or in
equity. Failure to exercise such option upon default shall not constitute
waiver of the right to exercise such option upon any subsequent default.
The time of payment of all or any part of the debt hereby evidenced may
be extended or renewed from time to time by the Noteholder, and no such extension
or renewal shall in any way waive or release the liability of anyone in any way
liable for the payment hereof.
The right is reserved to prepay this Note, in whole or in part, on any
installment due date. At the option of the Noteholder, prepayments shah be
applied to reduction of the indebtedness in the inverse order of maturity of the
instaHments provided for herein.
The loan evidenced by this Note is being made to finance purchase and/or
improvement of certain property pursuant to the Home Purchase Assistance
Program. This Note and the instrument securing the same may be sold, assigned,
transferred by the Noteholder.
Page I of 2
The undersigned makers, and any and aH endorsers, sureties, guarantors
and assumers hereof (each a "Party" and collectively the "Parties" hereto),
hereby jointly and severaliy waive presentment, demand, protest, notices of
dishonor and of protest, the benefits of homestead, and all other waivable
exemptions, and all defenses and pleas on the ground of any extension(s) or
renewals of the time of payment or of the due dates of this Note, in whole or in
part, before or after maturity, with or without notice, it being further agreed
by all the makers that they, or each of them, will pay any collection expense,
court costs, and reasonable attorneys' fees which may be incurred Jn the collec-
tion or enforcement of this Note or any part hereof.
This Note is secured by a Deed of Trust of even date herewith conveying
real property and other security, which real property is briefly described as
located in the City
of Roanoke, Virginia and more fully described in said Deed of Trust, in which
Trustees are Wilburn C. Dibling 3r., and Joel M. Schlanger.
~//ITNESS the following signatures and seal.
(SEAL)
(SEAL)
(address)
COMMONWEALTH OF VIRGINIA
) To-wit:
CITY OF ROANOKE )
I hereby certify that the foregoing Deed of Trust Note
was acknowledged before me by
, this __ day of
My Commission expires:
, 1990.
Notary Public
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
This is to certify that this is the Note described in and secured by
Deed of Trust dated , 19 , on the Property located in
Roanoke, Virginia.
My commission expires:
Date:
Notary Public
Page 2 of 2
CONSTRUCTION DISBURSEMENT AGREEMENT
day of
"City") .
THIS CONSTRUCTION DISBURSEMENT AGREEMENT ("Agreement") made this
, 19__, by and between
(the "Mortgagor"), and the City of Roanoke (the
WITNESSETH
WHEREAS, pursuant to the Home Purchase Assistance Program, the City of
Roanoke (the "City") has agreed to make a Home Purchase Assistance Program Loan (the
"Loan") to the Mortgagor to be evidenced by a deed of trust note (the "Note") and to
be secured by a deed of trust (the "Deed of Trust") of even date herewith;
WHEREAS, the Loan is to provide in part, financing for the Rehabilitation,
as defined in the Deed of Trust, in accordance with and subject to the terms and con-
ditions set forth therein; and
WHEREAS, the Deed of Trust requires that the Mortgagor shall execute a
Construction Disbursement Agreement governing the disbursement of some of the
proceeds of the Loan to be held in an account (the "Account") with the City of
Roanoke subsequent to closing on the purchase of the property in question; and
WHEREAS, the City is willing to establish and administer the Account
for the aforesaid purpose; and
WHEREAS, in accordance with the Deed of Trust, the Mortgagor and the City
desire to set forth the terms and conditions upon which the proceeds of the Loan
for the Rehabilitation are to be held and disbursed.
NOW, THEREFORE, for good and valuable consideration, the Mortgagor and the
City hereby agree as follows:
I. The proceeds in the amount of
($
(the "Funds"), said proceeds representing a portion of the Loan, shall on the
date hereof be disbursed to the Mortgagor and thereupon deposited into the
Account, and shall hereafter be held in the Account by the City and shall be
disbursed therefrom by the City in accordance with the following terms and con-
ditions:
a. Upon request by the individual or entity identified as the Mortgagor's
contractor,
("Mortgagor's Contractor"), and upon approval of the Mortgagor, said appro-
val to include agreement by Mortgagor of the identification of the Mortgagor's
Contractor, funds shall be disbursed by the City in accordance with the
Disbursement Schedule attached hereto and made a part hereof as Schedule A.
b. On or before the date of each disbursement and as a precondition
thereto, the Mortgagor shall deliver to the City an endorsement to the title
insurance policy (if such a policy was required by the City at closing)
which shall update the effective date of the title insurance policy to the
date of such disbursement and increase the amount of coverage thereunder to
an amount at least equal to the total of the all Loan disbursements,
including such disbursement. Such endorsement shall be subject only to
such exceptions as shall be acceptable to the City.
Page I of 2
c. The final disbursement of the Funds shall be made by the City upon the
request of the Mortgagor's Contractor, the approval of the Mortgagor, and upon
statisfaction of the following requirements:
(i) The Rehabilitation shah have been completed in accordance
with the work write-up attached hereto and made a part hereof as
Attachment B, and the property shall be made ready for occupancy
in accordance with the requirements of the Deed of Trust.
(ii) A Certificate of Occupancy shall be issued by the Building
Commissioner for the City of Roanoke.
(iii) All funds disbursed pursuant to this Agreement shall be dis-
bursed by check to the Mortgagor's Contractor and the Mortgagor.
d. If the Mortgagor shall fail to complete the Rehabilitation in accor-
dance with the Deed of Trust and the work write-up, the City may withdraw
and apply the remaining Funds as it it shah deem necessary or appropriate
therefor. The remedies set forth in this subparagraph d shall be in addi-
tion to all rights and remedies provided in the Deed of Trust.
2. Notwithstanding anything to the contrary herein, the City shah not
be obligated to make any disbursement hereunder, if the Mortgagor shall be in
breach of any provisions in this Agreement or shall be in default under the Deed of
Trust.
3. The Funds shah be security under the Deed of Trust for the payment
of the Secured Indebtednesses (as defined therein) and the performance of the
Secured Covenants (as defined therein).
#. This Agreement may not be assigned by the Mortgagor without the writ-
ten approval of the City and shah be binding upon, and shall inure to the benefit
of, the successors and assigns (as so approved) of the Mortgagor.
IN WITNESS WHEREOF, the parties hereto, by their authorized represen-
tations, have set their hands as of the date set forth above.
MORTGAGOR
MORTGAGOR
City of Roanoke
By:
W. Robert Herbert
City Manager
Page 2 of 2
SCHEDULE A
DISBURSEMENT SCHEDULE
The Funds shall be disbursed by the City to the Mort§a§or as follows:
1. Two (2) interim pro§tess disbursements when requested by the Mort§agor's
Contractor and approved by Mort§agor as hereafter prescribed, the first on satis-
factory completion of at least fourty percent (g0%) of the value of the work in
accordance with the work write-up, and the second on satisfactory completion of at
least eighty percent (80%) of the value of the work in accordance with the work
write-up; and a final disbursement of the remainder of the Funds on satisfactory
completion of the work in accordance with the work write-up, the Deed of Trust, and
the A§reement. For purposes of this paragraph, "value of the work" completed shall
mean value of the work actually performed. Materials purchased and stored at the
site shall not be considered in determining value for purpose of interim pro§tess
disbursements.
2. Interim pro§tess disbursements may be requested in writin§ to the City by
the Mortgagor's Contractor on completion of the percentages of the work completed
as set forth in para§raph ! above. Such requests shall certify that the required
percentage value of the work has been completed in accordance with the work write-
up, and shall be accompanied by waivers of liens si§ned by the Contractor and all
subcontractors and suppliers of work completed and materials furnished to the date
of the disbursement request. On receipt of a request for interim disbursement, the
Mort§agor shall have the work inspected by an inspector from the City ol Roanoke
Redevelopment and Housin§ Authority (the "RRHA"). If the RRHA inspector certilies
to the City that the required percentage value of the work has been completed in
accordance with the work write-up~ the Deed of Trust, and the Agreement, the City
wJJl issue a check payable to the Mortgagor and the Mortgagor's Contractor within
l~ days alter receipt by the City of the RRHA inspector's certification.
3. Final disbursement may be requested in writing to the City by Mortgagor's
Contractor on completion of the work. Such request shall certify that the work has
been completed in accordance with the work write-up and shall be accompanied by
final waivers ol liens signed by Mortgagor's contractor and all subcontractors
and suppliers. On receipt of the request for final disbursement, the Mortgagor
shall have the work inspected by the RRHA inspector. Upon the RRHA inspector's
certification to the City that the work has been completed in accordance with the
work write-up, the Deed of Trust, and the Agreement the City shall issue a check lot
the remainder to the Contractor and the Mortgagor within 1~ days of the reciept of
the RRHA inspector's certilication that all conditions of payment have been met.
#. All requests for disbursements shall be submitted in writing to the
Housing Development Office for the City ol Roanoke at:
City of Roanoke
Housing Development Office
21.5 Church Avenue 5W
Room 170 - Building Department
Roanoke, Virginia 2~011-1~92.
MARY F. pARI~R
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #468B
SANDRA H. EAKIN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 30676-82691 authorizing execution of a contract
with Mattern and Craig, Inc., in the amount of $1,969,400.00, to provide
engineering services for Phase I of the Carvins Cove Improvement Project.
Resolution No. 30676-82691 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 26, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
pc'
Mr. Sam H. McGhee, III, Mattern and Craig, Inc., 701 First Street, S. W.,
Roanoke, Virginia 24016
Mr. Joel M. Schlanger, Director of Finance
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 26th Day of August, 1991.
No. 30676-82691.
A RESOLUTION authorizing the execution of a contract
Mattern and Craig, Inc. to provide engineering services for
Phase I of the Carvins Cove Improvement Project.
with
BE IT RESOLVED by the Council of the City of Roanoke 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 Mattern and
Craig, Inc., for the provision by such firm of engineering services
for Phase I of the Carvins Cove Improvement Project, as more
particularly set forth in the August 26, 1991, report of the City
Manager to this Council.
2. The contract authorized by this resolution shall be in
the amount of $1,969,400.00.
3. The form of the contract with such firm shall be approved
by the City Attorney.
ATTEST:
City Clerk.
MARY F. PARKER
City Clerk
CITY OF ROANOK
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981.2541
August 28, 1991
File #60-468B
SANDRA H. EAKIN
Deputy City Clerk
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30675-82691 amending and reordaining certain
sections of the 1991-92 Water Fund Appropriations, providing for appropriation of
$2,009,400.00 of anticipated bond proceeds, in connection with award of an
engineering services reimbursement, with cost ceiling contract, to Mattern & Craig,
Inc., for Carvins Cove Improvements, Phase I. Ordinance No. 30675-82691 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
August 26, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Mr. ~/. Robert Herbert, City Manager
pt ';t B. Kiser, Director of Utilities and Operation
-' Clark, Director of Public Works
l~. 'uffine, City Engineer
¥. ~ Manager, Office of Management and Budget
ZN THE COUNCZL OF THE CZTY OF ROaNOkE, VZRGZNZA
The 26th Day of August, 1991.
No. 30675-82691.
AN ORDINANCE to amend and reordain certain
the 1991-92 Water Fund Appropriations,
emergency.
sections of
and providing for an
WHEREAS,
Government of the
exist.
for the usual daily operation of the Municipal
City of Roanoke, an emergency is declared to
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1991-92 Water Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
Capital Outlay from Revenue
Carvins Cove Improvements (1) $3,864,301
......................... 2,009,400
Revenue Bonds Receivable (2) .......................... $2,009,400
1) Appropriations from
General Revenue (002-056-8353-9003) $2,009,400
2) Revenue Bonds
Receivable (002-1258) 2,009,400
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk
Honorable Mayor and Members of C~ ~1 ~:4~
Roanoke, Virginia
Roanoke, Virginia
August 26, 1991
SUBJECT: CARVINS COVE IMPROVEMENTS, PHASE I
I. Back~round:
Water System Capital Improvement Pro~ram was approved by City Council
on June 24, 1991 to make an expansion of and renovation to the Carvins
Cove Treatment Plant, and distribution systems and other associated
work. For the sake of expediency, funding and ease of construction,
it was decided to divide the work into two design phases.
B. Phase I scope of work is detailed in Section II E.
C. Phase II will comprise all other work to the reservoir including addi-
tional transmission mains, and additional storage facilities.
II.
Current Situation is that Engineering Services Qualification Proposals for
the necessary design were publicly advertised and received from:
* Dewberry & Davis
* Piedmont Olsen, Inc.,
* Hazen and Sawyer, P.C.
* Wiley & Wilson
* Hayes, Seay, Mattern & Mattern, Inc.
* Finkebeiner, Pettis & Strout, Ltd.
* HDR Engineering, Inc.
* Boyle Engineering Corp.
* Mattern & Craig, Inc. (in association with Alvord,
Burdick & Howson, Consulting Engineers)
A. Selection of the firms for consideration was based on the following
criteria:
1. Qualification of personnel.
2. Time available to meet schedule.
3. Experience in design of water treatment facilities.
Page 2
4. Ability to produce project on time.
5. Local accessibility for project coordination and cooperation.
6. Response to request for proposal.
7. Past Record with the City of Roanoke.
Interviews were held with all firms with the exception of Hazen and
Sawyer, P.C. and Wiley & Wilson who withdrew their proposals. Staff
team included Charles M. Huffine, P.E., City Engineer; L. Bane Coburn,
P.E., Civil Engineer II; M. Craig Sluss, Manager, Water Department;
and Dianna L. Likens, Civil Engineer I.
Mattern & Crai~ Inc. in association with Alvord, Burdick & Howson,
Consulting Engineers were selected as the most qualified firms due to
their past performance on the Carvins Cove Feasibility Study as well
as their extensive past experience designing water treatment facili-
ties.
Phase I negotiations were conducted with Mattern & Craig, Inc. (in
association with Alvord, Burdick & Howson, Consulting Engineers) for
the necessary design work and related tasks.
E. Scope of work to be performed in Phase I includes:
1. Rework the intake tower in the dam to increase its capacity and
provide the intakes with screens.
2. Installation of a new 36" diameter parallel water main from the
dam down to the filter plant.
3. A new low lift pump station on this main with stand-by generator
power and then rebuild the present low lift pump station.
New work at the plant would increase aeration of raw water, addi-
tional chemical contact and settling time, rebuilding of all
filter beds, a new reservoir and pumps for backwash water deli-
very, piping rerouting to deliver filtered water to the new four
million gallon reservoir and interconnection to the existing two
million gallon reservoir, and sludge disposal process improve-
ments. Work off site to include stand-by generator power and
controls for the Boxley Hills Pumping Station.
Page 3
Lump Sum Fee is based on percentages of fee guidelines set forth in
the Commonwealth of Virginia Capital Outlay Manual to design facili-
ties in (D) Scope of Work as well as preparation of all contract docu-
ments and contract administration. Additional services are set up as
allowances to insure reasonable pay rates with an acceptable cost
ceiling.
Additional Services to include topographic and underwater surveys,
geoteohnical surveys, water and sludge testing, bond prospectus,
record drawings, Operation and Maintenance Manuals, resident
construction engineers and staff training and start-up.
2. Cost Breakdown
Basic Services
$1,263,500.00
Additional Services
(see above)
505,900.00
Resident Construction Engineers
+ 200~000.00
Total $1,969,400.00
Resident Construction Engineers is based on one inspector for two
years to inspect Phase I construction.
Basic Services is equal to 7.5~ of the current total estimated
construction cost of $16,744,000.00 for Phase I. This fee is
approximately 1~ higher than fee guidelines since it will be
necessary to keep all existing facilities on line during construc-
tion. The slightly higher fee is also because of the accelerated
schedule due to the requirement that construction be completed by
1993.
III ·
Issues in evaluating the proposal and awarding contracts to firms known to
be qualified are:
A. Inclusion of proper work scope.
B. Ability to meet time schedules.
C. Reasonableness of fee.
D. Availability of fundin$.
Page 4
IV. Alternatives for providing the necessary work are:
Award engineering services reimbursement with cost ceiling contract to
Mattern & Craig, Inc. who will subcontract for support services with
Alvord, Burdick & Howson, Consulting Engineers in the amount of
$1~9691400.00. Establish a contingency amount of $40~000.00 with
a schedule amount of 180 days for design work.
1. Inclusion of proper work scope has been reviewed and verified.
2. Ability to meet time schedule has been demonstrated and firms are
ready to begin immediately.
3. Reasonableness of fee has been established through guidelines set
forth in the Commonwealth of Virginia Capital Outlay Manual as
well as contract allowances with a cost ceiling. Mattern & Craig,
Inc. along with Alvord, Burdick & Howson, Consulting Engineers have
set a cost ceiling of $1~969~400.00.
4. Fundin~ will be available from the future sale of the water bonds
to be sold for this purpose.
Do not award engineering services reimbursement with cost ceiling
contract to Mattern & Craig, Inc. in association with Alvord,
Burdick & Howson, Consulting Engineers in the amount not to exceed
$1,9691400.00.
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.
4. Fundin~ would remain available from the future sale of water bonds
to be sold for this purpose.
Page 5
Recommendation:
A. Authorize the City Manager to execute a professional services contract
in a form approved by the City Attorney with Mattern & Craig, Inc.
with a cost of $1,969,400.00 and establish a contingency amount of
$40,000.00 with a design schedule of 180 days in accordance with
Alternative "A".
B. Appropriate ~2,009,400.00 of anticipated bond proceeds to an account
to be established by the Director of Finance for the Carvins Cove
Improvements, Phase I.
Respectfully submitted,
W. Robert Herbert
City Manger
WRH/DLL/fm
cc:
City Attorney
Director of Finance
Director of Public Works
Director of Utilities & Operations
City Engineer
M.~RYF. p.~K~R
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #236-240-67
SANDRA H. EAKIN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 30679-82691 authorizing acceptance of an
"America the Beautiful" Grant, in the amount of $4,995.23, made to the City by the
Virginia Department of Forestry to be used for development of a computerized tree
management program. Resolution No. 30679-82691 was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, August 26, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Eno.
pc:
Mr. J. W. Garner, State Forester, Virginia Department of Forestry, P. O.
Box 3758, Charlottesville, Virginia 22903
Mr. Joel M. Schlanger, Director of Finance
Mr. George C. Snead, Jr., Director of Administration and Public Safety
Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance
Mr. Barry L. Key, Manage~', Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 26th Day of August, 1991.
No. 30679-82691.
VIRGINIA,
A RESOLUTION authorizing the acceptance of an "America the
Beautiful" Grant made to the City by the Virginia Department of
Forestry to be used for development of a computerized tree
management program.
BE
follows:
1.
IT RESOLVED by the Council of the City of Roanoke as
The City of Roanoke hereby accepts the offer made by the
Virginia Department of Forestry of a grant of funds in the amount
of $4,995.23 to be used with a local cash match in the same amount
to purchase urban forestry software to implement development of a
computerized tree management program as more particularly set out
in the report of the City Manager dated August 26, 1991.
2. The City Manager or the Assistant City Manager is hereby
authorized to accept, execute and file on behalf of the City any
documents setting forth conditions of such grant, and are further
directed to furnish such additional information as may be required
by the Virginia Department of Forestry in connection with the
City's acceptance of the grant and implementation of the program.
ATTEST:
City Clerk.
MARY F. PARKER
City Clerk
CITY OF ROANOKE.
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #60-240-236-67
.~LNIDRA H. EAKIN
Deputy City Clerk
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlangev:
I am attaching copy of Ordinance No. 30678-82691 amending and reordaining certain
sections of the 1991-92 General Fund Appropriations, providing for appropriation
of $4,995.00, in connection with acceptance of an "America the Beautiful" Grant from
the Virginia Department of Forestry to be used for development of a computerized
Tree Management Program. Ordinance No. 30678-82691 was adopted by the Council
of the City of Roanoke at a regular meeting held on Monday, August 26, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Ene.
pc:
Mr. W. Robert Herbert, City Manager
Mr. George C. Snead, Jr., Director of Administration and Public Safety
Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance
Mr. Barry L. Key, Manager, Office of Management and Budget
the
emergency.
Wq{EREAS,
Government of the
exist.
IN THE COUNCIL OF THE CITY OF RO~OKE~ VIR~INI~
The 26th Day of August, 1991.
No. 30678-82691.
AN ORDINANCE to amend and reordain certain sections
1991-92 General Fund Appropriations, and providing for
Roanoke
Appropriations, be,
to read as follows,
of
for the usual daily operation of the Municipal
City of Roanoke, an emergency is declared to
THEREFORE, BE IT ORDAINED by the Council of the City of
that certain sections of the 1991-92 General Fund
and the same are hereby, amended and reordained
in part:
A~ro~ri&tions
Public Works
Parks Maintenance
$19,712,568
3,003,103
Revenue
Grants-in-Aid Commonwealth
Other Categorical Aid (2) ..........................
1) Furniture and
Equipment
2) Computerized
Tree Management
(001-050-4340-9005) $4,995
(001-020-1234-0667) 4,995
$52,108,992
12,839,550
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk
REC~¥EB
CITY CLx?~ S ~:- '-'i"'[
Roanoke, Virginia
'91 ;tUG 22 ;%9:36 August 26, 1991
Honorable Mayor Noel C. Taylor
and Members of City Council
Roanoke, Virginia
Dear Mayor Taylor and Members
SUBJECT:
BACKGROUND:
A. Approximately 15,000 City-owned trees exist
streets and in the parks of Roanoke.
B.
of Council:
Grant - Computerized Tree Management Program
along the
These trees have extensive aesthetic and environmental
value, and are vital to the community.
Urban Forestry staff within City Parks and Recreation
Department are responsible for the management of these
trees, in order to assure safety of persons and
property, and promote the health and vigor of
Roanoke's urban forest.
II. CURRENT SITUATION
Advanced a~e of Roanoke's urban forest results in the
loss of approximately 500 City trees annually and the
steady decline of many others.
City's tree management and replacement efforts have
been hampered by a lack of an accurate tree inventory
and comprehensive tree management plan.
Application for an "America the Beautiful" ~rant was
filed with Virginia Department of Forestry, for the
purchase of a urban forestry software program for the
development of computerized tree management system.
Grant of $4,995.23
funds for computer
Refer to Attachment
was approved, with equivalent local
hardware to be provided by City.
III. ISSUES:
A. Need.
B. Funding.
C. Timing.
Mayor and Members of Council
Page 2
August 26, 1991
IV. ALTERNATIVES:
A. Accept the "America the Beautiful" Grant and
appropriate $4,995.23 to the Parks and Grounds budget.
1. Need for improved tree management system through
computerization would be met.
2. Funding for local share is available within
departmental budget, and has been encumbered.
Timing issue would be met, as acceptance of grant
would meet established deadline.
Do not accept the "America the Beautiful" Grant and do
not appropriate $4,995.23 to the Parks and Grounds
budget.
1. Need for improved tree management system through
computerization would not be met.
2. Funding issue would be moot.
3. Timing issue would be moot.
RECOMMENDATION:
City Council concur with Alternative 'A' and accept the
"America the Beautiful" Grant and appropriate $4,495.23
to "Furniture and Equipment" (#001-050-4340-9005).
B. Establish a revenue estimate of $4,995.23 for this
grant.
Authorize the City Manager or his designee to execute
the necessary documents accepting the grant.
Respectfully Submitted,
~~r~
City Manager
WRH/gnf
Mayor and Members of Council
Page 3
August 26, 1991
Attachment
CC:
City Attorney
Director of Finance
Director of Administration and Public Safety
Manager, Office of Management and BudGet
Manager, Parks and Recreation
'C:OMMON PVEALTP/s/Vi.R% ]NiA
DEPARTMENT OF FORESTRY
July 10, 1991
Mr. Dan Henry
Parks & Recreation Department
210 Reserve Avenue, SW
Roanoke, VA 24016
Dear Mr. Henry:
On behalf of the Virginia Department of Forestry and the USDA - Forest Service,
it is my pleasure to notify you that a grant of $4,995.23 has been awarded to Roanoke
Parks and Recreation Department for its "Computerized Tree Management Program"
proposal, through the America the Beautiful Urban and Community Forestry Grant
Program.
The America the Beautiful Grant program recognizes innovative approaches to
developing partnerships between local governments, corporations, non-profit organiza-
tions and citizens. I applaud your organization for taking advantage of this program to
enhance the urban forests in your community. You will be setting an example for
citizens across the Commonwealth.
In a few days you will be receiving documentation concerning your grant award.
which should be completed and returned at your earliest convenience to the attention of
the "America the Beautiful Program" at the above address. I encourage you to involve
your local Virginia Department of Forestry forester in the implementation of your
project.
Please do not hesitate to call upon the Department .of Forestry if we may be of
any assistance to you.
Sincerely,
NER
stet
3.1
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'wginia 24011
Telephone: (703)981-2541
August 28, 1991
File #60-5-472
SANDRA H. EAKIN
Deput~ City Clerk
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30680-82691 amending and reordaining certain
sections of the 1991-92 General Fund Appropriations, providing for transfer of
$14,775.00 from Contingency Reserve to Police Investigation, to provide funds for
the purchase of nine portable radios and related accessories to be used by members
of the Police Department's C.O.P.E. Team. Ordinance No. 30680-82691 was adopted
by the Council of the City of Roanoke at a regular meeting held on Monday, August
26, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc o
pc:
Mr. W. Robert Herbert, City Manager
Mr. George C. Snead, Jr., Director of Administration and Public Safety
Mr. M. David Hooper, Chief of Police
Mr. Barry L. Key, Manager, Office of Management and Budget
the
emergency.
WHEREAS,
Government of the
exist.
THEREFORE, BE
Roanoke that certain
IN THE COUNCIL OF THE CITY OF ROANOXEt VIRGINI&
The 26th Day of August, 1991.
No. 30680-82691.
AN ORDINANCE to amend and reordain certain sections of
1991-92 General Fund Appropriations, and providing for an
for the usual daily operation of the Municipal
City of Roanoke, an emergency is declared to
IT ORDAINED by the Council of the City of
sections of the 1991-92 General Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
& ro riations
Public Safety
Police Investigation
Nondepartmental
Contingency - General Fund
$29,234,459
(1) ............................ 2,688,582
12,000,252
(2) ...................... 338,922
1) Furniture and
Equipment (001-050-3112-9005) $ 14,755
2) Contingency (001-002-9410-2199) (14,755)
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk
CITYCLE~V ~ ~-
AUG 22 A9:36
Honorable Mayor and Members of City Council
Roanoke, Virginia
Roanoke, Virginia
August 26, 1991
Dear Members of Council:
Subject: Portable Radio Purchase and
Transfer of Funds
I. Background:
II.
Police Department developed and implemented the
"Community Oriented Policing Effort" (COPE) Project in
Lincoln Terrace Public Housing Complex August 1, 1991.
The COPE Team, staff, materials, and equipment are a
redistribution of current resources and overuse of
existing equipment.
Current Situation:
A.
Portable radio equipment now being used by the COPE Team
is "borrowed" from other assignments and performing
"double duty" thereby taxing the equipment's capability.
This program was developed and implemented after
formulation of FY 91-92 budget and based on community
need.
III. Issues:
A. Officer safety
B. Funding
IV. Alternatives:
Authorize City Manager to purchase nine (9) portable
radios and related accessories to provide members of the
COPE Team instant and reliable communications capability,
and authorize transfer of $14,755 from Contingency
Reserve account #001-002-9410-2199 to Police Department
equipment account #001-050-3112-9005.
Officer safety will be enhanced.
Funds are available.
Do not approve transfer of funds from Contingency Reserve
account to Police Department equipment account for the
purchase of radios for use by COPE Team members.
Honorable Mayor and Members of City Council
Page 2
August 26, 1991
Officer safety will not be enhanced.
Funding no longer at issue.
V. Recommendation:
Adopt Alternative A and authorize transfer of $14,755 from
Contingency Reserve Account #001-002-9410-2199 to Police
Department Account #001-050-3112-9005 to enable the desired
purchase.
Respectfully submitted,
W. R~o er~e~
City Manager
WRH:MDH:mr
MARY F. PARKER
Cit~ Clerk
CITY OF ROANOKE.
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W. Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #60-511-102-20-77
SANDRA H. E. AKIN
Deputy City Clerk
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30682-82691 amending and reordaining certain
sections of the 1991-92 Capital Projects Fund Appropriations, providing for
appropriation of $1,224,000.00 and transfer of $44,000.00, to provide funds to meet
anticipated expenditures for Second Street/Gainsboro Road, Fifth Street Bridge
Replacement, and Brandon Avenue widening for fiscal year 1991-92. Ordinance No.
30682-82691 was adopted by the Council of the City of Roanoke at a regular meeting
held on Monday, August 26, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Eno.
pc:
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. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 26th 0ay 0f August, 1991.
N0. 30682-82691.
AN ORDINANCE to amend and reordain certain sections of the
1991-92 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 1991-92 Capital Projects Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
Streets and Bridges
2nd Street/Gainsboro/Wells Avenue (1) .............
Fifth Street Bridge Replacement (2) ...............
Brandon Avenue Widening (3) .......................
Capital Improvement Reserve
Public Improvement Bonds - Series 1988 (4) ........
$ 8,945,213
4,293,752
29,500
10,000
(7,658,292)
789,037
Reve~u___.~
Due from State - 2nd Street (5) $ 516 850
1) Appropriation from
State Funds
2) Appropriation from
Bond Funds
3) Appropriation from
Bond Funds
4) Streets and
Bridges
5) Due from State -
2nd Street
(008-052-9547-9001)
(008-052-9599-9001)
(008-052-9638-9001)
(008-052-9603-9181)
(008-1233)
$ 1,224,000
10,000
10,000
( 44,000)
1,200,000
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
Honorable Mayor and Membe~~ o~ ~ ~2~
~ f City Council
Roanoke, Virginia
Roanoke, Virginia
August 26, 1991
Dear Members of Council:
Subject: Highway Projects - Transfer of Funds to Meet Anticipated Expenditures
I. Background:
Virginia Department of Transportation (VDOT) continuously develops
various phases of City Council approved highway projects. These
phases include such items as preliminary engineering, right
of way acquisition and project construction.
Billings to the City from the VDOT are done on a monthly basis.
These billings represent our share of the expenditures to date.
The City share is generally 5% for plan development phases
authorized prior to July 1, 1989, and 2~ for phases authorized
after that date.
Capital Fund Accounts are established for each project in the
amount of the estimated billings that are anticipated for the year.
This provides for easier payments of interim bills. However, there
may be instances when additional requests to City Council for
transfers are needed to cover interim bills.
II. Current Situation:
Capital Improvement Program approved for fiscal years 1990-1994
includes $837,634 to provide for the City's share of anticipated
highway project costs over a three (3) year period. Of this
amount, $194~409 is designated to come from the 1988 Bond Series.
Transfer of $44~000 from the Streets and Bridges category of
the 1988 Bond Series to individual project accounts is needed to
cover anticipated billings. In particular, the Second Street/
Gainsboro Road project requires the funding appropriation to cover
right-of-way acquisition costs. City share is $24,000 (which is
2~ of the $1~200r000 needed for additional right-of-way costs).
The billing procedures between the City and VDOT require that
$1~224r000 be appropriated to this project account and that the
receivable account be increased by $1,200,000 (which will be
reimbursed to the City by VDOT).
Individual projects are funded from their respective highway
accounts and utility accounts depending upon the extent of water
and sewer relocation needed on each project.
Page 2
Three ($) of the eisht (8) highway construction projects for which
funds are currently allocated in the VDOT,s Six-Year Improvement
Program require continued funding in order to meet the costs anti-
cipated on these projects for fiscal year 1991-92. Transfers
needed for these three projects are listed in Attachment No. 1.
The other projects already have sufficient allocations from
previous years to meet anticipated billings.
III.
Issues:
A. Payments to Virginia Department of Transportation
B. Relationship with Virginia Department of Transportation
C. Continued progress on projects
IV. Alternatives:
Appropriate $1~224,000 to account number 008-052-9547-9001, of
which $1r200~000 is to be reimbursed by the Virginia Department
of Transportation; and transfer $44~000 from the Streets and
Bridges category of the 1988 Bond Series to the individual project
accounts as listed in Attachment No. 1 (in their respective
amounts).
1. Payments to Virginia Department of Transportation from each
project account are made possible at the funding levels needed.
2. Relationship with Vir$inia Department of Transportation is
maintained at its current excellent level.
3- Continued progress on projects would be ensured.
Do not appropriate $1r224~000 nor transfer $44,000.00 from the
Streets and Bridges category of the 1988 Bond Series to the indivi-
dual projects.
1. Payments to VirEinia Department of Transportation for each
project cannot be made at the funding levels needed.
2. Relationship with Virginia Department of Transportation will be
jeopardized and future construction efforts may be hurt.
3- Continued progress on projects may be jeopardized.
Page
Recommendation is that City Council appropriate $1,224t000 to account
number 008-052-9547-9001, of which $1t200~000 is to be reimbursed by
the Virginia Department of Transportation; and transfer $44~000 from
the Streets and Bridges category of the 1988 Bond Series to the indivi-
dual project accounts as listed in Attachment No. 1 (in their respec-
tive amounts).
WRH/RKB/fm
Respectfully submitted,
W. Robert Herbert
City Manager
Attachment
City Attorney
Director of Finance
Director of Public Works
Director of Utilities & Operations
City Engineer
Office of Management and Budget
ATTACHMENT NO. 1
PROJECT
TRANSFER NEEDED TO ACCO~4ODATE
ANTICIPATED BILLINGS
1. Second Street/Gainsboro Road
(008-052-9547-9001)
2. Fifth Street Bridge Replacement
(008-052-9599-9003)
3. Brandon Avenue Widening
(Acct. to be established by Director of Finance)
$ 24,000 (City share)
~0,000
~0~000
$ 44,000
PROJECTS SUFFICIENTLY FUNDED
FOR FISCAL YEAR 1991-92
4. Peters Creek Road Extension
5. Franklin Road Widening
6. Tenth Street Widening
7. Wells Avenue Realignment/Widening
8. Fifth Street Bridge
·,"}EFARTMENT OF FINANCE RECE!VED
crrY oF ROANOKE, VA. CITY CLEf~ '-_~,~ .... rL,L'~?
August 26, 1991
'91 AUG 22 P1:29
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
Joel M. Schlanger
Monthly Financial Report
Attached is a copy of the financial report for the month of July, 1991.
Personal Services (payroll) expenditures are substantially increased for July, 1991,
because of three paydays, compared to two paydays for July, 1990. Three paydays
in one month did not occur in fiscal year 1991 until August.
JMS/kp
Attachment
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
CONTINGENCY BALANCE
AS OF JULY 31, 1991
General Contingency:
Balance July 1, 1991
Ord.
Ne. Deoartment
CMT City Clerk
CMT Engineering
CMT City Attorney
CMT City Manager
Pureo~e
Excess Maintenance Contract Funds
Excess Maintenance Contract Funds
Excess Maintenance Contract Funds
Excess Maintenance Contract Funds
409,797
5,000
1,716
2,416
2,648
$ 421,577
Maintenance of Fixed Assets Contingency:
Balance July 1, 1991
200,000
Equipment Replacement Contingency:
Balance July 1, 1991
600,000
Supplemental Budgets:
Balance July 1, 1991
7,100
Total Contingency Balance
1,228,677
1
CITY OF ROANOKE, VIRGINIA
GENERALFUND
STATEMENT OF REVENUE
General Property Taxes
Other Local Taxes
Permits, Fees, and Licenses
Fines and Forfeitures
Revenue From Use of Money and
Property
Education
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Current Services
Miscellaneous Revenue
Internal Services
Total
Year to Data for the Period
Currant Fiscal Year
Ravi~ed
Jul 1-Jul 31 Jul 1-Jul 31 Percentage Revenue
1990-91 1991-92 of Chance Estimates
$ 240,200 $ 941,294 291.88% $ 49,932,300
433,589 387,290 10.68%) 38,694,556
51,897 46,747 9.92 %) 471,000
52,524 51,819 1.34%) 656,000
Percent of
Revenue Estimate
Received
1.89%
1 .O0%
9.93%
7.90%
75,607 10,716 85.83%) 909,O00 1.18%
1,626,194 1,376,561 15.35%) 32,395,386 4.25%
151,271 ( 205,151) (235.62%) 23,953,143 (0.86%)
0.00% 27,000 0.00%
142,115 46,008 ( 67.63%) 3,215,407 1.43%
5,303 ( 36,329) (785.O7%) 168,100 (21.61%)
132.400 122,O45 ( 7.82%) 11730,300 7.05%
$ 2~911~100 $ 2~741~000 [ 5.84%)
$ 152~152;192
1.80%
2
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
General Government
Judicial Administration
Public Safety
Public Works
Health and Welfare
Parks, Recreation, and
Cultural
Community Development
Education
Debt Service
Nondepartmental
Total
Year to Date for the Period
Jul 1-Jul 31 Jul l-Jul 31 Percentage Unencumbered Revi~ed Budget
1990-91 1991-92 of Chance Balance Ai)DroDriatione Oblieated
$ 833,864 $ 1,033,678 23.69% $ 7,628,625 $ 8,662,303 11.93%
301,214 368,441 22.32% 3,058,986 3,427,427 10.75%
2,021,998 4,496,959 122.40% 24,722,745 29,219,704 15.39%
2,855,036 3,724,967 30.47% 15,982,606 19,707,573 18.90%
590,838 1,269,441 114.85% 12,734,130 14,003,571 9.07%
408,644 606,237 48.11% 3,308,771 3,914,008 15.46%
227,064 84,204 (62.91%) 741,398 825,602 10.20%
3,257,753 4,012,232 23.16% 61,795,674 65,807,906 6.10%
4,197,008 1,158,610 (72.39%) 7,392,557 8,551,167 13.55%
187,926 205,057 9.12% 3,238,772 3,443~829 5.95%
$ 14r8811335 $ 1619581826 13.96% ~ 140;604,264 $ 167f563,090
10.76%
3
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JULY 31, 1991
Prior Year Current Year Total Expenditure~ Unexpended
ADDrODriation, Appropriations ApDroDriatione to Date Balance
General Government $ 5,459,444 $ 1,981,393 $ 7,440,837 $ 4,375,246 $ 3,065,591
Education 9,690,126 5,479,923 15,170,049 9,141,362 6,028,687
Recreation 660,000 132,000 792,000 721,191 70,809
Streets and Bridges 5,260,373 2,484,840 7,745,213 5,376,407 2.368,806
Sanitation Projects 5,182,229 1,093,449 6,275,678 5,951,831 323,847
Traffic Engineering
& Communications 1.305,076 1,305,076
Other Infrastructure
Projects 14,555,689 4,072,446 18,628,135
Capital Improvement
Reserve 4.145.090 (11,751.082) ( 7.505.992)
Total $ 46.258.027 $ 3;492;969 $ 49.7501996
Outstanding Unencumbered
Encumbrancee Balance
$ 1,055,384 $ 2,010.207
3,629,871 2,398,816
59,716 11,093
1,082,201 1,286,605
111,811 212,036
1,071,724 233,352 21,897 211,455
1,888,067 16,740,068 12,908,151 3,831,917
( 7.605,992) ( 7,605.9921
$ 28-5251828 $ 21.225i168 ~ 18~869,031 $ 2.356,137
4
CITY OF ROANOKE
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 1 MONTH ENDED JULY 31, 1991
Operating Revenue:
Commercial Sales
Domestic Sales
Industrial Sales
Town of Vinton
Roanoke County
Customer Services
Total Operating Revenue
Less: Operating Expenses Before Depreciation
Personal Services
General Expenses
Pumping Stations and Tanks
Purification
Total Operating Expenses Before Depreciation
Operating Income Before Depreciation
Less: Depreciation
Operating Income
Add: Non-Operating Income
Interest on Investments
Rents
Miscellaneous
Total Non-Operating Income
Income Before Non-Operating Expenses
Less: Non-Operating Expenses
Interest Expense
Total Non-Operating Expenses
Net Income
$ 102,916
142,400
6,896
637
80,363
34,635
367,837
104,810
9O,878
24,538
11.661
231.887
135,950
59.533
76,417
9,356
375
122
9.853
86,270
$ 86.270
1990
$ 94,365
123,924
9,050
3,996
88,468
45,734
365,537
60,255
79,783
15,958
10.858
166,854
198,683
58,552
140.131
14,616
313
15.5Q6
155,637
333
333
$ 155.7 4
5
WATER FUND
(CONTINUED)
Capital Outlay Not Included in Operating Expenses:
Proiect
New Services, Hydrants, Lines
Unidentified Plant Replacement
Fire Hydrants
Expand Carvins Cove Plant
FC Plans and Specs
FY86 Project Design
Edgewood Replacement
Falling Creek Plant Rehabilitation Phase I
Thirlane Road Realignment
Total Project Expenditures
Less Prior Year Expenditures
Total Current Year Expenditures
Year to Date
Ex~)enditures
$ 46,425
31,954
5O6
12,446
142,243
12,103
9,007
894,705
139.997
1,289,326
1,150.999
NOTE: Some of these projects are continued from prior years with inception to date totals.
6
CITY OF ROANOKE
SEWAGE TREATMENT FUND
COMPARATIVE INCOME STATEMENT
FOR THE I MONTH ENDED JULY 31, 1991
Operating Revenue:
Sewage Charges - City
Sewage Charges - County
Sewage Charges - Vinton
Sewage Charges - Salem
Sewage Charges - Botetourt County
Customer Services
Interfund Services
Total Operating Revenue
Less: Operating Expenses Before Depreciation
Personal Services
Administrative and Operating Expenses
Total Operating Expenses Before Depreciation
Operating Income Before Depreciation
Less: Depreciation
Operating Income (Loss)
Add: Non-Operating Income
Interest on Investments
Miscellaneous
Total Non-Operating Income
Income Before Non-Operating Expenses
Less: Non-Operating Expenses
Interest Expense
Total Non-Operating Expenses
Net Income (Loss)
1991
$ 359,614
45,081
17,022
56,514
4,029
12,861
1,578
496.699
154,517
277,483
432.000
64,699
80.605
( 15.906)
9,175
9.612
18.787
2,881
4,173
4,173
1990
$ 320,412
63,605
23,394
88,629
5,788
9,474
329
511.631
93,851
256.634
350.485
161,146
79.104
82.042
11,769
5.660
17.429
99,471
5,567
5.567
$ 93,904
7
SEWAGE TREATMENT FUND
(CONTINUED)
Capital Outlay Not Included in Operating Expenses:
Project
Unidentified Construction
FY86 Projects Design
Sewage Treatment Plant Land Acquisition
Roanoke Diesel Engine #7
Realignment of Thirlane Road
Total Project Expenditures
Less Prior Year Expenditures
Total Current Year Expenditures
Year to Date
Exeenditures
$ 23,139
36,O97
25,721
821,145
34,692
940,794
868,120
72,674
NOTE: Some of these projects are continued from prior years with inception to date totals.
8
CITY OF ROANOKE
ROANOKE REGIONAL AIRPORT COMMISSION
COMPARATIVE INCOME STATEMENT
FOR THE I MONTH ENDED JULY 31, 1991
Operating Revenue:
Airport Revenue
General Aviation Revenue
Terminal Building Revenue
Total Operating Revenue
Less: Operating Expenses Before Depreciation
Personal Services
Operating Expenses
Total Operating Expenses Before Depreciation
Operating Income Before Depreciation
Less: Depreciation
Operating Income
Add: Non-Operating Income
Interest on Investments
Interest Income Airport Debt Service Accounts
Miscellaneous
State Promotion Grant
Total Non-Operating Income
Income Before Non-Operating Expenses
Less: Non-Operating Expenses
Interest Expense
Total Non-Operating Expenses
Net Income
1991
$ 76,689
8,347
257.727
342,7§3
132,684
118,837
89.407
29,430
22,526
5,102
74,120
1Q1,748
131,178
51,406
51,406
79.772
1990
$ 51,932
34,193
206,565
292,690
57,012
84.567
141.579
151,111
89.561
61,550
20,080
6,879
3,286
15,000
45,245
106,795
52.729
52.729
$ 54.066
9
ROANOKE REGIONAL AIRPORT COMMISSION
(CONTINUED)
Capital Outlay Not Included in Operating Expenses:
Proiect
Furniture and Equipment
Unidentified Construction
Runway Extension #23
Terminal Final Expenditure
General Aviation Development
FAR Part 150 Noise Study
Airport Ramp Light/Pullbox
Airport Perimeter Road
Total Project Expenditures
Less Prior Year Expenditures
Total Current Year Expenditures
Year to Date
$ 2,698
2,877
283,886
8,667
41,847
119,445
9,450
501,320
318,321
, ~94.s~9
NOTE: Some of these projects are continued from prior years with inception to date totals.
10
CITY OF ROANOKE
CIVIC CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 1 MONTH ENDED JULY 31, 1991
Operating Revenue:
Rentals
Parking Fee
Event Expenses
Advertising
Admissions Tax
Commissions
Total Operating Revenue
Less: Operating Expenses Before Depreciation
Administrative;
Personal Services
Utilities and Communications
Administrative Expenses
Promotional Expenses:
Personal Services
Services and Charges
Total Operating Expenses Before Depreciation
Operating (Loss) Before Depreciation
Less: Depreciation
Operating (Loss)
Add: Non-Operating Income
Interest on Investments
Miscellaneous
Total Non-Operating Income
Net (Loss)
1991
37,549
10,316
20,235
50
8,602
8.996
85.748
65,600
2,812
67,697
9,545
1.450
147,104
(61,356)
29.9~1
( 91.317)
265)
366
101
1990
$ 14,488
3,240
245
11.450
29.423
41,153
2,432
83,595
3,775
1,1Q4
132.059
102,636)
29,224
131.8601
4,045
221
4,266
127.~94)
11
CIVIC CENTER FUND
(CONTINUED)
Capital Outlay Not Included in Operating Expenses:
Project
Other Equipment
Trade Center
Asbestos Abatement
Auditorium Fire Damage
New Toilet Floors - Coliseum
Total Project Expenditures
Less Prior Year Expenditures
Total Current Year Expenditures
Year to Date
Exoenditure~
10,000
50,000
213,585
581,972
22.422
877,979
867.979
$ 10.000
NOTE: Some of these projects are continued from prior years with inception to date totals.
12
CITY OF ROANOKE
TRANSPORTATION FUND
INCOME STATEMENT
FOR THE 1 MONTH ENDED JULY 31, 1991
Operating Revenue:
Williamson Road Parking Garage
Market Square Parking Garage
Church Avenue Parking Garage
Surface Parking Lots
Total Operating Revenue
Less: Operating Expenses Before Depreciation
Administrative Expenses
Total Operating Expenses Before Depreciation
Operating Income Before Depreciation
Less: Depreciation
Operating Income
Add: Non-Operating Income
Miscellaneous
Total Non-Operating Income
Income Before Non-Operating Expenses
Less: Non-Operating Expenses
Operating Subsidy for GRTC
Total Non-Operating Expenses
Net Loss
19~1 (1)
20,623
20,109
38,607
3.8~6
83.235
28,330
28.370
54,905
31.462
23,443
214
214
23,657
200,000
200.000
${ 176.343)
(1) New fund as of July 1, 1991, therefore, comparative amounts are not shown.
13
CITY OF ROANOKE
INTERNAL SERVICE FUND
COMPARATIVE INCOME STATEMENT
FOR THE 1 MONTH ENDED JULY 31, 1991
Operating Revenue:
Charges for Services
Total Operating Revenue
Less: Operating Expenses Before Depreciation
Personal Services
Operating Expenses
Total Operating Expenses Before Depreciation
Operating Income Before Depreciation
Less: Depreciation
Operating (Loss)
Add: Non-Operating Income
Interest on Investments
Total Non-Operating Income
Net {Loss)
1551
$ 626.125
469,471
125.431
594.902
31,223
51.035
( 19.812)
13.782
13.782
${ 6.030)
1990
$ 571.414
571,414
283,932
276.648
560,586
10,834
42,651
( 31,817)
11,577
11,577
20,240)
14
INTERNAL SERVICE FUND
(CONTINUED)
Capital Outlay Not Included in Operating Expenses:
Proiect
Management Services - Furniture and Equipment
Total
Year to Date
Exeenditures
$ 1.21(}
15
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILrPf
FOR THE MONTH ENDED JULY 31, 1991
TO THE DIRECTOR OF FINANCE:
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE
FUNDS OF SAID CiTY THE MONTH ENDED JULY 31. 1991.
~UND
BALANCE AT RECEIPTS DISBUR~EMENT~ B,AJ_A,N~E AT BALANCE AT
JUNES0. 1991 JULY ~1. t~1 JULY 31, 1990
GENERAL $10.512.177.68 $9.096,142.25 $9.328.118.28 $10,280,201,67 $5.317.692.26
WATER 1.996.260,83 30.617.17 147.866.45 $1,879,0t 1,55 2,217.271.26
SEWAGE 1.633.754.14 875.122.64 666.589~93 $t,842,286.8S 1,671,697.66
AIRPORT 4.085.653.24 633.200.01 194.827.83 $~, E~4;.025. 42 2.981.700.17
CIVIC CENTER (110.776.40) 87.227.53 160.147.57 ($183,696,44-) 556.941.14
INTERN^L ~ERVICE 2,356,1~8.32 534,060,56 122,496,14 $2~ 767 ,{~2,~ 74 1,834,825.18
TRAN SPO RTATIO N 0.00 83.814, 85 123.340.81 ($89,525.96) 0.00
CAPITAJ_ 12.6t5.250.43 388.619.69 416.655.66 $12,,587~214,46 19.438.480.57
DEBT SERVICE 6.470,078.04 1.436.711.89 1.407.039.45 $6,499,750,48 3.222 $36.39
PENSION 27.051.50 384.61 40.447.98 [r$t 3,01 1,87) (112.260.29)
FDETC 59,298.48 169.048.19 250.585.98 _~,239,31~) (35.234.47)
GRANT PROGRAMS ~27.771.44) 676.744.13 695.329.41 ($46,3~,7~2} (413.452.25)
PAYROLL (1,908,422.67) 4.334.276.46 7,611,800.47 ~$5.185.~t6.883 (3.684,505.77)
TOTAL $37.708.682.15 $18,345.969.9_8_$_21,165.2_4.5~_94 _$~1.,889,406.19 $32.995.791.85
CERTIFICATE
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CiTY OF ROANOKE,
VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING JULY 31 ~ 1991 THAT
SAID FOREGOING:
CASH:
CASH IN HAND
CASH IN BANK
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
CERTIFICATES
OF DEPOSIT
CENTRAL FIDELITY
$2,800,000.00
U.ITEO
SECURITIES
$13,500.000,00 16,300;000~00
DOMINION
SOVRAN
3,000,000.00
14 500,000.00 !4;.,600;00~;00
TOTAL
DATE: AUGUST 15. 1991
G~~RER
16
CITY OF ROANOKE PENSION PLAN
STATEMENT OF REVENUE AND EXPENSES
FOR THE 1 MONTH ENDED JULY 31, 1991
Revenue
City's Contributions
Investment Income
Gain (Loss) on Sale of Investments
Income from Bond Discount Amortization
Total Revenue
1991
1990
$ 140,474 $ 45,117
( 700,548) (1) ( 809,323)
( 54,728) 293,322
12,727 1~,725
${ 602,075)
$(454.159)
(2)
Exoense~
Pension Payments
Fees for Professional Services
Expense From Bond Premium Amortization
Administrative Expense
Total Expenses
Net (Loss} Year to Date
542,329
139,793)
15,158
55
417,749
.019.824)
$
(1) (
542,027
38,84O)
14,407
1,9~1
519.585
$(973.744)
(2)
(1) Reversal of accruals as of June 30, 1991
(2) Reversal of accruals as of June 30, 1990
17
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
AS OF JULY 31, 1991
Assel;~
Cash
Investments:
(market vague -
Other Assets
Total Assets
1991 9127,932,807
1990 9113,179,793)
1~1
9( 13,112)
112,804,845
18.000
$ 112.809.7~3
1990
9( 112,386)
104,104,491
$ 103.992~10~
Liabilities and Fund Balan~
Due to Other Funds
Total Liabilities
Fund Balance, July 1
Net (Loss) Year to Date
Fund Balance
Total Liabilities and Fund Balance
542,398 9 542,129
542,398 542.129
113,287,159 9 104,423,720
1.019.824) ( 973.744}
112,267.~ 103,449,976
112.809.733 $ 103.992.10~
18
'7
,MARY F. PARKER
City Clerk
CITY OF ROANOKI .
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #1-34
SANDRAH. EAI~N
Deputy CityClerk
The Honorable Gordon E. Peters
City Treasurer
Roanoke, Virginia
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Gentlemen:
I am attaching copy of Resolution No. 30683-82691 authorizing a contract between the
City and Institutional Treasury Management, Incorporated ("ITM"), by which ITM
will provide short term cash management services on behalf of the City. Resolution
No. 30683-82691 was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, August 26, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Eric ·
pc:
Institutional Treasury Management, 19900 MacArthur Boulevard, Suite 650,
Irvine, California 92715
Mr. W. Robert Herbert, City Manager
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 26th Day of August, 1991.
VIRGINIA,
No. 30683-82691.
A RESOLUTION authorizing a contract between the City and
Institutional Treasury Management, Incorporated ("ITM"), by which ITM
agrees to provide short term cash management Services on behalf of the
City.
BE
IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Director of Finance and the City Treasurer are hereby
authorized, for and on behalf of the City, to enter into a written
contract between the City and Institutional Treasury Management,
Incorporated ("ITM"), by which ITM agrees to provide short term cash
management services on behalf of the City.
2. Any and all investments made by ITM with City funds shall be
pursuant to and consistent with the investment policy of City Council
estabished by $2-179, Code of the Clty of Roanoke (1979), as amended.
3. Such contract shall be terminable Upon 30 day's written
notice of the City to ITM.
4. Any fees to be paid to ITM in consideration of its services
shall be as set forth in the contract between the City and ITM attached
to and incorporated by reference in the report of the Director of
Finance and City Treasurer, dated August 26, 1991.
5. The form of the contract between the City and ITM shall be
approved by the City Attorney.
ATTEST:
City Clerk.
RECeiVED
DEPAI~TME:NIT OF FINANCI~ CITY n! ? ~ ~-. ~ : ~
CITY OF ROANOK£, VA.
August 26, 1991
~1 AUG22 N0:29
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
Joel M. Schlanger, Director of Finance
Gordon E. Peters, Treasurer
Cash Management
Backqround
The Code of the City of Roanoke (1979), as amended, S2-179,
Investment of surplus funds, was amended by City Council on April 1,
1991, and City Council concurred in the recommendation of the Director
of Finance and Treasurer to issue a "Request for Proposal" (RFP). The
RFP for a short-term cash manager was mailed to a list of interested
parties on Exhibit "A" and a legal notice was published in the Roanoke
Times on April 15, 1991. We received eight RFP's from the following:
Bankers Trust Company
New York, NY
Merrill Lynch Funds Distributors,
Inc.
Boston, Mass.
Consistent Asset Management Co.
Chadds Ford, PA
Sanford C. Bernstein & Co., Inc.
New York, NY
Capitoline Investment Services,
Inc.
Richmond, VA
Sovran Bank, N.A.
Richmond, VA
Institutional Treasury Management Trinity Capital Advisors
Irvine, CA Charlotte, N.C.
Honorable Mayor and Members
of City Council
August 26, 1991
Page 2
Current Situation
All RFP's were reviewed and analyzed in detail in relation to the
City's written goals and objectives of
Three firms were interviewed. One firm's
City's cash management objectives were
short-term cash management.
investment strategy and the
very similar. The firm's
investments are 1 - 5 year U. S. Treasury Securities or overnight
investments collateralized with federal obligations. The City's idle
cash will not be invested in securities having a maturity of more than
five and one-half years which will insure capital preservation and
safety due to major changes in interest rates. The firm will be
compensated based upon a rate of return on cash managed (Performance
Fee). The firm shall outperform the Merrill Lynch 1 - 3 Year U.S.
Treasury Index (bench mark) plus the custodian fees. This firm will be
compensated 1/3 of interest income over the bench mark with a maximum
cap amount. Exhibit "B" is a sample of the firm's presentation and
explanation of their investment strategy.
Recommendation
We recommend the City enter into a contract, approved as to form
by the City Attorney, with Institutional Treasury Management Investment
Advisors, Irvine, California. We request that Council authorize the
Director of Finance and City Treasurer to execute the required
contracts.
Honorable Mayor and Members
of City Council
August 26, 1991
Page 3
We would be pleased to answer any questions or provide any
additional information you require.
Treasurer
JMS/GEP:s
Attachment
cc: W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Exhibit A
10.
Michael St. John
Peirce Park Group
316 Mountain Avenue, S. W.,
Roanoke, Virginia 24016
suite B
Mr. Andy Stone
Shenandoah Capital Advisors
4504 Starkey Road
Roanoke, Virginia 24014
Michael W. Anderson
Regional Manager - Pension Investments
New York Life Insurance Company
11400 Commerce Park Drive, Suite 250
Reston, Virginia 22091
Elizabeth T. Burrus
Vice President - Investment Management Group
Bankers Trust Company
280 Park Avenue
New York, NY 10017
Robert P. Burton
Senior Vice President
Crestar Bank
P. O. Box 2867
Roanoke, Virginia 24001-2867
Ms. Elizabeth C. Dudley
Vice President
Capitoline Investment Services,
Box 436 - 919 East Main Street
Richmond, Virginia 23203-0436
Inc.
Ms. Susan K. Doyle
Vice President
Dominion Bank
P. O. Box 13327
Roanoke, Virginia
24040-0001
Anthony J. Conte
Corporate Banking Officer
Central Fidelity Bank
P. O. Box 27602
Richmond, Virginia 23261
Ms. Laura Thornhill
Sovran Investment Corp.
P. O. Box 14111
Roanoke, Virginia 24022
Gary Scott
c/o Paine Webber
600 Crestar Plaza
Roanoke, Virginia
24011
11.
Ms. Angela Webb
c/o J. C. Bradford & Co.
P. O. Box 1831
Roanoke, Virginia 24008
12.
Mr. Rollie Williams
Dominion Trust Company
P. O. Box 14061
Roanoke, Virginia 24038-4601
13.
Christopher E. Cook
Gabelli-O'Connor
Fixed Income Management Co.
8 Sound Shore Drive
Greenwich, CT 06830
14.
Daniel K. Fryer
Scott & Stringfellow Investment Corp.
P. O. Box 1575
Richmond, Virginia 23213
15.
Bradley T. $need
J. C. Bradford & Co.
First Campbell Square
210 First Street, S. W.
Suite 100
Roanoke, Virginia 24011
16.
Alex W. McAlister
Trinity Capital Advisors
2710 One First Union Center
301 S. College Street
Charlotte, N.C. 28202-6021
17.
Greg Tinaglia
Investment Management Corp.
1940 Electric Road
P. O. Box 20339
Roanoke, Virginia 24018
18.
Steve Whitney
Merrill Lynch
213 S. Jefferson
Suite 1000
Roanoke, Virginia
24011
19.
Chuck Hunter
c/o Robert Thomas Securities
4504 Starkey Road
Roanoke, Virginia 24014
20.
Ken Neathery
2004-B Morton Drive
Charlottesville, Virginia
22901
21.
Don Potter
c/o Investment Strategies
4370 Starkey Road
Suite 4C
Roanoke, Virginia 24014
Exmzoit B
GRAPHIC PRESENTATION REPORT
FOR THE
CITY OF ROANOKE, VIRGINIA
INSTITUTIONAL TI~FASURY MANAGEMENT
19900 MacArthur Bird,, Suite
Irvtne, California 9271S
(714) 476.1262
MANAGEMENT OBJECTIVES
I YIELD I
Outperform the Merrill Lynch 1.3 Year
U.S. Treasury Index
ISAFETY ] Invest in Short-To-Intermediate..
Term (1.5 Yr) U.S. Treasury Securities
CAPITAL
PRESERVATION
Maintain Low Duration Levels to
Minimize Fluctuations in Capital
INVESTMENT STRATEGY
LOW YIELDS
ITM maintains low duration (to zero)
to minimize risk at low yields.
YIELDS RISE
As rates rise, ITM increases duration
by increasing allocation from cash to
treasuries and by laddering into maturities
from 2 to 5 years.
YIELDS HIGH
At high yields, 1TM holds maximum portfolio
duration with 80% invested in treasuries from
2 to 5 years with average duration of 3.0.
YIELDS FALL
As yields fall, 1TM shortens duration by selling
longer maturities which results in capital gains
and a decreased position in treasury securities.
Graph 1:
Illustrates the 1990 weekly price and yield history of the 5-year
Treasury Note together with asset allocation of portfolios from cash to
the U.S. Treasury raarket. As yields increase, additional securities of
sequentially greater raaturities are purchased to increase the
portfofio duration. Conversely, duration is decreased in stages as yields
fall.
Graph 2:
Depicts the U.S. Treasury yield curve at the beginning and end of 1990.
The yield curve was relatively fiat at the first of the year and steep at
the end of the year.
Graph 3:
Illustrates monthly returns for 1990 on I.T.M.'s composite vs. the
Merrill Lynch 1-3 U.S. Treasury Index. The average duration of the
M/L 1-3 is 2 years (equivalent to a 2-year Treasury Note). This
graph demonstrates the Iow volatility of I.T.M.'s returns vs. that of a
2-year average duration index.
Graph 4:
IHustrates I.T.M.'s cumulative monthly returns vs. the M/L 1-3 UST
for 1990. I.T.M.'s returns exceeded the M/L 1-3 UST index yet with
considerably lower volatility than the index.
Graphs 5/6:
Illustrates I.T.M.'s low volatility and cumulative returns vs. the M/L
1-3 UST on a quarterly basis over the four-year period 1987-1990.
Graph 7:
Graphs 8, 9, 10:
mustrates in bar-graph form I.T.M.'s returns compared to M/L 1-3
UST's returns on a quarter to quarter basis for 1987-1990, together
with I.T.M.'s cumulative net value added over the index.
Illustrate the volatility and cumulative returns on a quarterly
comparison basis between the S & P 500 Index and 1TM's composite.
YIELD % PRICE HISTORY OF FIVE YEAR TREASURIES
7.5~ PRICE
102
101
100
9,01
4
ITM A88ET ALLOCATION 1990
Percent
100
0
I Ourati°n (Yrs) AIl°cati°n (%) I I GIULPH] I
d d c~ d
C)
0
A COMPARISON OF rrm
TO ML ~-3 V~ ML ~-S V~ ML ~/C MASTER[
March 15, 1991
M-L M-L M-L G/C SL G/C
PERIOD ITM
1-3 YR3-5 YR MASTER INTERMEDIATE:
4TH QTR '90 2.?.~ s.~o% .~.6o% s.~)~ .~.~o~
1990 ~ o.~ ..7o~ ~.~ ~.~ ..~
1989 ~.~ ~o.~ -.~ -.~ ~o~
1988 ~.~ ~.~ ~.~ ~o.~ ~.~
1987 ~.~ ~.~ ~.~ ~.~
1986 ~.a~ s.~ ..~ ..s~ ~.~
1985 ~.~ ..~ ~o.~ -.~ ~o.~
19~ ~8.~ 9.~ 10.~ 11.~ 10.7~
August 8, 1991
MANAGEMENT AGREEMENT
INVESTMENT ADVISORS
City of Roanoke
215 Church Avenue, S.W.
Roanoke, Virginia 24006
By acknowledgement of this Agreement, this day of , 1991, (the "Effective
Date"), City of Roanoke, ("CLIENT") agrees to retain Institutional Treasury Management,
Incorporated CITM") as an advisor, beginning on ,1991 and continuing until this
Agreement is terminated by either party on thirty (30) days' written notice, or by Client for any
reason whatsoever within five (5) days of Effective Date.
ITM may place direct orders for the purchase and sale of such securities if Client
authorizes ITM to do so. Client authorizes ITM to act on Clients behalf in establishing
appropriate accounts with broker/dealers for deliver vs. payment transactions. Client authorizes
1TM to act on clients behalf in establishing PSA accounts for overnight repurchase agreement
transactions. ITM shall only direct the purchases of securities with the maturities approved by
Client.
The investment advice and recommendations to be provided by ITM hereunder shall be
designed for the sole purpose of enabling Client to ma~imiTe profits and minimize losses from
thc purchasc and sale of securities in the Client Account. Client, however, acknowledges that
ITM has made no representations that it can achieve a particular result, or provide any assurance
against unrealized losses in the Client Account. However, ITM acknowledges and accepts Clients
policy of not accepting any realized losses from ITM's advice unless otherwise specified by
Client.
ITM shall perform and carry out the services required of it by this Agreement in a good
and professional manner. ITM shall not in any way be liable for any accuracy of the information
on which its advice or actions were based, provided ITM acted in good faith. The foregoing
sentence shall apply to all partners, officers, directors, employees, independent contractors, agents
and affiliates of 1TM. Client understands and acknowledges that ITM may perform similar
services for a limited number of qualified clients, provided, however, that no advice or
information provided to such other clients shall be inconsistent with the advice provided to Client
or contrary to the best interest of Client.
Institutional Treasury Management, Investment Advisors
19900 MacArthur Boulevard, Suite 650, lrvine, California 92715-2445 · -cE1.(714) 476-1262 F^x (714) 476-0177
Cliem shall compensate ITM for its services as follows:
A. BASE FEE
A base fee, as a pementage of assets in the Client Account, pro rated
monthly, as of 5:00 p.m. Eastern Standard Time on the last day of each month (the "Base Fee"),
as determined below, shall be billed monthly and shall be due and payable within ten (10) days
of the date of receipt by Client of the invoice and adjusted annually against the Performance
Fee.
.08333 % per month on assets under management
B. PERFORMANCE FEE
1. Performance Fee Basis Calculation
A performance fee shall be payable to ITM based on that portion of the
total return from investments that exceeds the annual rote of return on the negotiated Benchmark,
(EXHIBIT A), during the performance period. This performance fee shall be calculated yearly
on the anniversary date of the Date of Deposit ("Anniversary Date") for the prior 12-month
period, and shall be:
The net cumulative results of (i) all completed purchases and sale
U:ansactions, and (ii) all unrealized profits and losses and (iii) all interest earnings, actual and
accrued: these combined (i), (ii), (iii); minus the product of the Average Account value ( as
defined herein) multiplied by the negotiated Benchmark rate, (EXHIBIT A), both results
calculated annually:
Such net cumulative result shall be the "Performance Fee Basis".
The Average Account Value shall be a daily average which shall include
all of the deposits by Client to the Client Account (excluding any income, gains or losses,
whether earned, accrued, realized or unrealized, on or with respect to such deposits) during such
performance period.
2
2. Performance Fee Calculation
The performance fee shall be determined as follows: (the "Performance Fee")
33 1/3% of the Performance Fee Basis, not to exceed 300 basis points.
3. Base Fee Adiustment
If the Base Fee is less than the Performance Fee, Client shall pay ITM an
additional sum equal to the difference between the Base Fee and the Performance Fee. Such
additional amounts shall be due and payable within ten (10) days after the date of receipt by
Client of the invoice.
If the Performance Fee is less than the Base Fee, 1TM shall credit to Client an
amount equal to the difference between the Base Fee and the Performance Fee. Such amount
shall be credited against any future fees payable to 1TM by Client as of subsequent Anniversary
Date performance accounting and fee adjustments. If Client terminates the Management
Agreement prior to using such credit, any remaining amount of such credit shall be paid to Client
by ITM within (10) days of the effective date of termination of the Management Agreement.
A formula illustrating fee computation is set forth in Schedule 1, attached hereto.
Client acknowledges separate receipt, prior to the execution of this Agreement of a copy of
Schedule 1, as attached hereto. Client acknowledges separate receipt, prior to the execution of
this Agreement of a copy of Schedule 1 and of a copy of Part H of form ADV regarding ITM
attached hereto as Schedule 1-A and incorporated herein by reference as if fully set forth herein.
Nothing contained in this Agreement, whether express or implied, is intended to
confer any right or benefit upon any person or entity other than the parties hereto, and their
respective successors and assigns.
Subject to the restrictions against assignment herein, this Agreement shall intu~ to the
benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives,
estates, heirs, and legatees of each of the parties hereto.
The waiving of any of the provisions of this Agreement by any party shall be
limited to the particular instance involved, and shall not bc deemed to waive any other term of
the Agreement.
This Ag~cment contains the entire agreement of thc parties bercto, and supersedes
any prior written or oral agreements between them concerning the subject matter hcrein. Thcrc
are no representations, agreements, arrangements, or understandings, oral or written between and
among the parties hereto, relating to the subject matter contained in this Agreement which are
not fully expressed hcrein.
This Agreement is not assignable by Client and may not be a.signed by 1TM
without written consent of Client. It may be amended at any time by mutual agreement in
writing. It is understood that this Agreement will be governed by and construed in accordance
with the laws of the State of Virginia.
Client's City Council has established an investment policy for investment of
surplus City funds through Section 2-179, Code of the City of Roanoke (197~9), as amended.
ITM has reviewed Section 2-179 as amended by City Council on April 8, 1991. ~TM agrees that
its investments and actions on behalf of the Client shall be in full compliance with Section 2-179.
Client and ITM warrants and represents that it has the right, power, legal capacity
and authority to enter and perform its obligations under this Agreement, and that each individual
executing this Agreement on behalf of the Client and ITM has the fight, power, legal capacity
and authority to enter into this Agreement of behalf of the Client and ITM and to execute all
other documents and to take all other actions as may be necessary to perform here under. The
Client and ITM also warrants and represents that it need not obtain any approval or consent
from any person or entity to execute this Agn:ement or to perform hereunder, and that neither
this Agreement nor the performance of any of its obligations hereunder violates any contact,
document, agreement or instrument to which the Client and ITM is a party or by which the Client
and ITM is bound.
Institutional Treasury Management, Incorporated
By:
Title:
Accepted: City of Roanoke
(Client)
By: Joel Schlanger
Title: Finance Director
By: Gordon Peters
Title: Treasurer
4
SCHEDULE 1
T~E
AVl/Bench
AV
UO
CALCUI~TIONOF FEE AD/USTMENT FOR I~RFO.RMANc:.
"' Benchmark Earnings
,. Total Account E~.rntngs
" Average Rate Negodated Benchmark
· Base Fcc
· Perfonmmce F~ Basis
· Account Value
= Perf~ Fee
= Performan~ Fee Multiplier
· ' Interest Income
· Realized gai~ fi'om clo~d PotMon~
= Realized losse, from do,ed Position~
' Unrealized gains from open positions
= Um'eafl2~ losses from open positions
(RO - RI.) · Net reatlzed gain/loss
(UO - UL) Net unrealt~ gain/lo.
Ozo - P.L) + CO0. t~) + ¢) - TAn
A~ B~ch x AV . B~
M~x~ = PF
If PF is $'rcater than BF, $ difference ~emit~l to ITIVL
If BF is S~ua~cr than 1~, $ dli~enc~ credited towiuxl subsequent Anniversary Date Fee
Adjustment.
INFORMATION~CONC~NI1VG PERFORMAN(~E ~ PURSUANT TQ
I~_ULE 205.3 ~D) THE ~y~q~ ADVISERS ACT OF 1040
A 12 month period is used to rn~asurc investment perfc~',~nce in order to avoid
giving s d~sproportionate effect to very short-term gains
performance ]~'iod to moro fairly x~f~ect or losses and to establish a s.~fficient
investment l~'formance over time, However, fees p~d
using this 12 month l~rformanee fee basis may result in a higher or lower fee than ii: thc fcc
were ba~eA on any different time period.
August 26, 1991
RECEIYED
CITY CLER!~S ~FF!CE
'91 , UG 20 P4:21
TO:
FROM:
RE:
Honorable Mayor and Members of Council
Joel M. Schlanger, Director of Finance
Bingo Update
In June of 1990, my department was charged with the responsibility of administering and
enforcing the new City Ordinances passed by City Council to regulate bingos and raffles. The
first six months of this charge were primarily devoted to the development of a firm
administrative base to ensure compliance and to train, inform, and assist organizations in
complying with the new Code and accounting requirements.
Permit~
Nine bingo permits have been issued in 1991 to the following organizations:
Central Virginia Council of the Blind
Delta Kappa Chapter of Epsilon Sigma Alpha
Gainsboro Neighborhood Development
Junior Achievement
Knights of Columbus
Northwest Recreation Club
Roanoke Neighborhood Alliance
Veterans of Foreign Wars
Virginia Employment and Education Opportunities, Inc.
August 26, 1991
Page 2
As of July 1991, seven organizations held valid permits. The Roanoke Neighborhood Alliance
permit was revoked and Junior Achievement voluntarily discontinued their bingo operation.
Gross Receints
Four of the five permit-holders that were required to file a financial report for the first quarter
of 1991 reported significantly higher gross receipts than in the previous year.
Organization
Northwest Recreation Club
Junior Achievement
Knights of Columbus
Veterans of Foreign Wars
First Quarter 1991
Gross Receipts
$146,473.31
$153,689.70
$69,609.80
$137,078.18
Total 1990
Gross Receipts
$198,579.85
$292,262.00
$140,795.33
$189,456.00
Despite the outcry that the City Ordinance and enforcement efforts would drive bingo from the
City, apparently it has had the opposite effect to current permit holders.
Enforcement Efforts
Enforcement efforts have consisted of joint cooperative efforts from the City Police Department,
City Attorney, Commonwealth's Attorney, and my office. Games were monitored by
undercover and plain clothed detectives who observed the operation and participated in the
games themselves. Misdemeanor charges were placed against one organization for violations
of Code that were observed by City police.
Audits were conducted on the game accounting records of seven organizations. Meetings were
held in conjunction with the Commonwealth's Attorney for each permit holding organization to
August 26, 1991
Page 3
review violations noted in the recordkeeping and conduct of play. Training sessions were
conducted for several organizations to assist them with accounting requirements. Newsletters
and guidelines were sent to the organizations outlining common errors uncovered from the
audits.
Hearim,s
Six hearings have been held to determine whether to suspend or revoke permits based upon the
audit and police work accomplished. One permit was revoked, one was suspended for two
weeks, and another was suspended for a month. The other three organizations took immediate
action to correct lesser violations.
Audit Fees
As of June 30, 1991, the City collected $37,670.83 in audit fees from permit holding
organizations. This is based upon 11/2% of the first $150,000 of gross receipts and 2% of gross
receipts in excess of $150,000.
Issues and Concerns
Based upon police work and financial audits several areas of concern have been brought to light.
1. Instant Bingo is the single greatest area for abuse in the operation of Bingo in the City. It
has an addictive effect on many players and encourages heavy gambling losses to players. The
August 26, 1991
Page 4
greatest number of accounting non-compliance areas were noted in the accounting for Instant
Bingo.
2. Additional police assistance will continue to be instrumental in the enforcement of bingo
Ordinances in the City.
3. The audit requirements will continue to be regular and demanding on my staff for FY 91-92.
Assistance from outside audit firms will be sought to ensure continued review of all accounting
requirements.
4. Billings and Collections staff will continue to set a priority on providing training and
assistance to all permit holding organizations on any aspect of the Code or accounting
requirements. Current staffing reductions have compounded the difficulty of providing
immediate service to these organizations.
This report is for information only. My Department will continue to carry out to its fullest
the enforcement of the Ordinances that you have passed. I want to thank Deborah Moses, Chief
of Billings and Collections, and Dana Long, Tax Compliance Administrator, members of the
Police Department, the Commonwealth's Attorney's Office, and the City Attorney's Office for
all their support for without this team effort the chore would be nearly impossible.
MARY F. PARKER
City Clerk
CITY OF ROANOK
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #207-9-514
SANDRA H. F-AKIN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30684-82691 accepting the bid of H & S
Construction Company, of Roanoke, Virginia, for certain improvements to Towne
Square Bonievard and Airport Road, in the total amount of $95,468.91. Ordinance
No. 30684-82691 was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, August 26, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Ene.
pc:
M~. Joel M. Schlanger, Director of Finance
M-. William F. Clark, Director of Public Works
M~.. Charles M. Huffine, City Engineer
M~. Sarah E. Fitton, Construction Cost Technician
Mr. George C. Snead, Jr., Director of Administration and Public Safety
M.a-RY F. PP, RKER
City Clerk
CITY OF ROANOKF
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #207-9-514
SANDRA H. EAKIN
Deputy City Clerk
Mr. Carter M. Coffey
President
Action Contracting Company, Inc.
7537 Milk-A-Way Drive, N. E.
Roanoke, Virginia 24019
Dear Mr. Coffey:
I am enclosing copy of Ordinance No. 30684-82691 accepting the bid of H & S
Construction Company, of Roanoke, Virginia, for certain improvements to Towne
Square Boulevard and Airport Road, in the total amount of $95,468.91. Ordinance
No. 30684-82691 was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, August 26, 1991.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed project.
MFP: ra
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
Enc.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #207-9-514
SANDRA H. EAKIN
Deputy City Clerk
Mr. M. Wayne Hylton, Jr.
Vice President
S. R. Draper Paving Company
4742 Old Rocky Mount Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Hylton:
I am enclosing copy of Ordinance No. 30684-82691 accepting the bid of H & S
Construction Company, of Roanoke, Virginia, for certain improvements to Towne
Square Boulevard and Airport Road, in the total amount of $95,468.91. Ordinance
No. 30684-82691 was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, August 26, 1991.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed project.
MFP: ra
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
Eno.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'w~ia 24011
Telephone: (703)981-2541
August 28, 1991
File #207-9-514
K~fDRA H. ~
Deputy City Clerk
Mr. M. D. Sensabaugh, Jr.
Vice President
Adams Construction Company
P. O. Box 12627
Roanoke, Virginia 24027
Dear Mr. Sensabaugh:
I am enclosing copy of Ordinance No. 30684-82691 accepting the bid of H & S
Construction Company, of Roanoke, Virginia, for certain improvements to Towne
Square Boulevard and Airport Road, in the total amount of $95,468.91. Ordinance
No. 30684-82691 was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, August 26, 1991.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed project.
MFP: ra
Sincerely, p~
Mary F. Parker, CMC/AAE
City Clerk
Ene.
MARY F. pARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #207-9-514
SANDRA H. ~N
Deputy City Clerk
Mr. William D. Gee
Vice President
H & S Construction Company
P. O. Box 6226
Roanoke, Virginia 24017
Dear Mr. Gee:
I am enclosing copy of Ordinance No. 30684-82691 accepting the bid of H & S
Construction Company, of Roanoke, Virginia, for certain improvements to Towne
Square Boulevard and Airport Road, in the total amount of $95,468;91. Ordinance
No. 30684-82691 was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, August 26, 1991.
Sincerely, .
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 26th Day of August, 1991.
No. 30684-82691.
VIRGINIA,
AN ORDINANCE accepting the bid of H. & S. Construction
Company, of Roanoke, Virginia, for certain improvements to Towne
Square Boulevard and Airport Road, upon certain terms and
conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such
work; rejecting all other bids made to the City for the work; and
providing for an emergency.
BE IT ORDAINED by the Council of the City of
follows:
1. The bid of H. & S. Construction Company, of
Virginia, in the total amount of $95,468.91, for
Roanoke as
Roanoke,
certain
as more
improvements to Towne Square Boulevard and Airport Road,
particularly set forth in the August 26, 1991 report of the City
Manager to this Council, 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
successful 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 aforesaid
work are hereby REJECTED, and the City Clerk is directed to notify
each such bidder and to express to each the City's appreciation for
such bid.
4.
municipal government, an emergency is deemed to
ordinance shall be in full force and effect upon
ATTEST:
In order to provide for the usual daily operation of the
exist, and this
its passage.
City Clerk.
Roanoke, Virginia
August 26, 1991
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Bid Committee Report
Towne Square/Airport Road Improvements
for City of Roanoke
Roanoke, Virginia
I. Background:
Improvements to Airport Road, N.W. and Towne Square
Boulevard, N.W., were originally required as a part of the
Towne Square Joint Venture Subdivision. The subdivision,
Towne Square Joint Venture, failed to install the subject
improvements as provided for by agreement and as guaranteed
by a Letter of Credit in the amount of One Hundred and Fifty
Thousand Dollars ($150~000.00).
Be
City Administration advised City Council on August 3, 1990,
that appropriate action was being taken by the City to attach
and draw upon the Letter of Credit.
Ce
City Council, on April 22, 1991, authorized the
appropriations of One Hundred and Fifty Thousand Dollars
($150~000.00) to an account in the Capital Projects Fund, by
the Director of Finance, for improvements to Towne Square
Shopping Center. Staff report advised Council that a report
would be forwarded to Council when final bids were obtained
for the work.
City Council, at its July 22, 1991 meeting, publicly opened
and read aloud the bids received for Improvements to Towne
Square and Airport Road, Roanoke, Virginia.
Four (4) bids were received with H. & S. Construction
Company, of Roanoke, Virginia, submitting the low bid in the
amount of $95~468.91 and sixty (60) consecutive calendar
days.
Fe
Work consists of lowering Airport Road at the intersection
of Towne Square Boulevard to increase site distance and
reconstruction of Towne Square Boulevard to meet the new
Airport Road grade.
Page 2
II.
III.
Issues in order of importance are:
A. Compliance of the bidders with the requirements of the
Contract Documents.
B. Amount of the low bid.
C. Fundin~ for the project.
D. Time of completion.
Alternatives are:
A. Award a lump sum contract to H. & S. Construction Company, of
Roanoke, Virginia, in the amount of $95,468.91 and establish
a contingency amount of $14,531.09 with sixty (60) consecu-
tive calendar days. Contract is for Improvements to Towne
Square Boulevard and Airport Road, Roanoke, Virginia, in
accordance with the Contract Documents as prepared by Mattern
& Craig, Inc.
1. Compliance of the bidders with the requirements of the
Contract Documents was met.
2. Amount of the low bid is acceptable.
3. Fundin~ for this project is available in the Towne
Square Shopping Center Account Number 008-052-9666-9065.
Account has a balance of One Hundred Thirty-Three
Thousand, One Hundred Dollars ($133,100.00)
4. Time of completion is sixty (60) consecutive calendar
days.
Reject all 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 re-bid
at a later date.
3. Fundin~ would not be encumbered at this time.
4. Time of completion would be jeopardized.
Page
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 contractual
agreement, in form approved by the City Attorney, with
H. & So Construction Company, of Roanoke, Virginia, for
Improvements to Towne Square Boulevard and Airport Road
according to the Contract Documents as prepared by Mattern &
Craig, Inc. in the amount of $95~468.91 and establish a con-
tingency amount of $14,531.09 with sixty (60) consecutive
calendar days.
C. Reject the other bids received.
Respectfully submitted,
William White, Sr.
William F. Clark
WW/DLL/fm
Attachment: Tabulation of Bids
ce:
City Attorney
Director of Finance
City Engineer
Construction Cost Technician
TABULATION OF BIDS
TOWNE SQUARE/AIRPORT ROAD IMPROVEMENTS
FOR THE CITY OF ROANOKE
ROANOKE, VIRGINIA
Bids opened before City Council on July 22, 1991, at 2:00 p.m.
BIDDER BASE BID BID BOND
H. & S. Construction Company 95,468.91 YES
Action Construction Company 107,333.00 YES
Adams Construction Company 102,410.20 YES
S. R. Draper
Paving Company~ Inc. 96,909.06 YES
Estimated Cost: $135,000.00
Project to be completed within sixty (60) consecutive calendar days.
Will±am Wh~te~ Sr., Ohairman
William F. Clark Snead, Jr.
Office of City Engineer
Roanoke, Virginia
RECEIVED
CITY CLEE!{~ rFF~C£
'91 A~22 P3:54
Roanoke, Virginia
August 26, 1991
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Bid Committee Report
Towne Square/Airport Road Improvements
for City of Roanoke
Roanoke, Virginia
I concur with the recommendations of the attached Bid Committee Report.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/DLL/mm
Attachment
ce:
City Attorney
Director of Finance
Director of Public Works
Director of Administration and Public Safety
City Engineer
Construction Cost Technician
Office of the City Clerk
July 24, 1991
File #207-9-514
Mr. William White, Sr., Chairman)
Mr. William F. Clark )
Mr. George C. Snead, Jr. )
Committee
Gentlemen:
The following bids for Towne Square/Airport Road improvements were
opened and read before the Council of the City of Roanoke at a
regular meeting held on Monday, July 22, 1991:
BIDDER
BASE BID TOTAL
H & S Construction Company
S. R. Draper Paving Company
Adams Construction Company
Action Contracting Company,
Inc.
$ 95,468.91
96,909.06
102,410.00
107,333.00
On motion, duly seconded and adopted, the bids were referred to you
for tabulation, report and recommendation to Council
Sincerely,.
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
pc: Mr. Wilburn C. Dibling, Jr., City Attorney
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541
MARY F. PARKER
City Clerk
CITY OF ROANOKI .
OFFICE OF THE CITY CLERK
215 Church Avenue, $.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #67-33
SANDRA H. F-AlaN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30686-82691 accepting the bid of Williams
Painting and Remodeling, Inc., for performing alterations and additions to Grandin
Court Recreation Center, upon certain terms and conditions, in the total amount of
$49,000.00. Ordinance No. 30686-82691 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 26, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
pc'
Mr. Joel M. Schlanger, Director of Finance
Mr. George C. Snead, Jr., Director of Administration and Public Safety
Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance
Mr. William F. Clark, Director of Public Works
Mr. Cb_aries M. Huffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. Barry L. Key, Manager, Office of Management and Budget
Ms. Dolores C. Daniels, Citizens' Request for Service
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #67-33
SANDRA H. EAKIN
Deputy City Clerk
Mr. George H. Williams, Jr.
Vice President
Williams Painting and Remodeling, Inc.
2314 Ridgefield Street, N. E.
Roanoke, VirKinia 24012
Dear Mr. Williams:
I am enclosing copy of Ordinance No. 30686-82691 accepting the bid of Williams
Painting and Remodeling, Inc., for performing alterations and additions to Grandin
Court Recreation Center, upon certain terms and conditions, in the total amount of
$49,000.00. Ordinance No. 30686-82691 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 26, 1991.
MFP: ra
Mary F. Parker, CMC/AAE
City Clerk
Eno.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W.. Room 456
Roanoke, V'u'ginia 24011
Telephone: (703)981-2541
August 28, 1991
File #67-33
SANDRA H. EAKIN
Deputy City Clerk
Mr. Douglas Baker
President
D. Baker & Company, Inc.
3424 Brambleton Avenue, S. W.
Roanoke, Virginia 24018
Dear Mr. Baker:
I am enclosing copy of Ordinance No. 30686-82691 accepting the bid of Williams
Painting and Remodeling, Inc., for performing alterations and additions to Grandin
Court Recreation Center, upon certain terms and conditions, in the total amount of
$49,000.00. Ordinance No. 30686-82691 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 26, 1991.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed project.
MFP: ra
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
Enc.
MARY F. pARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke. virgmia 24011
Telephone: (703)981-2541
August 28, 1991
File #67-33
SANDRA II. F. AKIN
Deputy City Clerk
Mr. Lawrence D. Johnson, Jr.
President
Construction Services of Roanoke, Inc.
3812 Bunker Hill Drive, S. W.
Roanoke, Virginia 24018
Dear Mr. Johnson:
I am enclosing copy of Ordinance No. 30686-82691 accepting the bid of Williams
Painting and Remodeling, Inc., for performing alterations and additions to Grandin
Court Recreation Center, upon certain terms and conditions, in the total amount of
$49,000.00. Ordinance No. 30686-82691 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 26, 1991.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed project.
MFP: ra
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
Eno.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #67-33
SANDRA H. EAKIN
Deputy City Clerk
Mr. Martin S. Pruitt
Vice President
Building Specialists, Inc.
P. O. Box 1174
Roanoke, Virginia 24006
Dear Mr. Pruitt:
I am enclosing copy of Ordinance No. 30686-82691 accepting the bid of Williams
Painting and Remodeling, Inc., for performing alterations and additions to Grandin
Court Recreation Center, upon certain terms and conditions, in the total amount of
$49,000.00. Ordinance No. 30686-82691 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 26, 1991.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed project.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Eno.
MARY F. PARKER
City Clerk
CITY OF ROANOKE.
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W.. Room 456
Roanoke, ~rtrginia 24011
Telephone: (703)981-2541
August 28, 1991
File #67-33
SANDRA H. ~
Deput~ City Clerk
Mr. Richard B. Littleton, Jr.
Vice President
S. H. Sewell & Company, Inc.
P. O. Box 660
Salem, Virginia 24153
Dear Mr. Littleton:
I am enclosing copy of Ordinance No. 30686-82691 accepting the bid of Williams
Painting and Remodeling, Inc., for performing alterations and additions to Grandin
Court Recreation Center, upon certain terms and conditions, in the total amount of
$49,000.00. Ordinance No. 30686-82691 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 26, 1991.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed project.
MFP: ra
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
Enc.
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #67-33
S,~4DI~ H. E.~N
Deputy City Clerk
Mr. J. Michael Gardner
Secretary
Gardner-Smith, Inc.
P. O. Box 866
Salem, Virginia 24153
Dear Mr. Gardner:
I am enclosing copy of Ordinance No. 30686-82691 accepting the bid of Williams
Painting and Remodeling, Inc., for performing alterations and additions to Grandin
Court Recreation Center, upon certain terms and conditions, in the total amount of
$49,000.00. Ordinance No. 30686-82691 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 26, 1991.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed project.
MFP: ra
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
Ene.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 26th Day of August, 1991.
No. 30686-82691.
AN ORDINANCE accepting the bid of Williams Painting and
Remodeling, Inc. for performing alterations and additions to
Grandin Court Recreation Center, upon certain terms and conditions,
and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and
providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The bid of Williams Painting and Remodeling, Inc. made to
the City in the total amount of $49,000.00 for performing
alterations and additions to Grandin Court Recreation Center, 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
successful 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 aforesaid
work are hereby REJECTED, and the City Clerk is directed to notify
each such bidder and to express to each the City's appreciation for
such bid.
4. 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.
M.~Y F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, ~rlrginia 24011
Telephone: (703)981.2541
August 28, 1991
File #60-67-33
SANDRA H. EAKIN
Deputy City Clerk
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30685-82691 amending and reordaining certain
sections of the 1991-92 Capital Fund Appropriations, providing for transfer of
$54,000.00, in connection with award of a contract to Williams Painting and
Remodeling, Inc., for alterations and additions to the Grandin Court Recreation
Center. Ordinance No. 30685-82691 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 26, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
pc:
Mr. W. Robert Herbert, City Manager
M~. George C. Snead, Jr., Director of Administration and Public Safety
M~. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. Barry L. Key, Manager, Office of Management and Budget
Ms. Dolores C. Daniels, Citizens' Request for Service
1991-92
emergency.
WHEREAS,
Government
exist.
IN THE COUNCIL OF THE CITY OF ROi~IOEE~ VIRGINIA
The 26th Day of August, 1991.
No. 30685-82691.
AN ORDINANCE to amend and reordain certain sections of the
Capital Fund Appropriations, and providing for an
for the usual daily operation of the Municipal
of 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 1991-92 Capital Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
A ro riations
Parks and Recreation $ 846,000
Grandin Court Recreation Center (1) ................ 54,000
Capital Improvement Reserve (7,660,992)
Public Improvement Bonds Series 1988 (2) ........... 779,037
1) Approp. from Bonds (008-050-9677-9001) $ 54,000
2) Parks (008-052-9603-9180) (54,000)
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
Roanoke, Virginia
August 26, 1991
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Bid Committee Report
Alterations and Additions
Grandin Court Recreation Center
2621Barham Road, S.W.
Roanoke, Virginia
I. Background:
Ae
Bids, following proper advertisement, were publicly opened
and read aloud before City Council on July 22, 1991, for the
Alterations and Additions to Grandin Court Recreation Center.
This is the second alteration and addition project at this
facility in the last three (3) years.
Be
Six (6) bids were received with Williams Painting and
Remodeling, Inc., of Roanoke, Virginia, submitting the low
bid in the amount of $49~000.00 and ninety (90) consecutive
calendar days.
Ce
First Grandin Court Recreation Center Improvements was an
addition to the multi-purpose room with a storage room being
created on the lower level, aluminum siding was applied to
the exterior and insulation was installed.
De
Present construction adds a game room, the toilets are
re-worked and expanded to aceomodate the handicapped, a new
kitchen is constructed and a handicapped ramp added.
II. Issues in order of importance are:
A. Compliance of the bidders with the requirements of the
contract documents.
B. Amount of the low bid.
C. Funding for the project.
D. Time of completion.
Page 2
III. Alternatives are:
Award a lump sum contract to Williams Painting and
Remodeling, Inc., of Roanoke, Virginia in the amount of
$49~000.00 and 9..~0 consecutive calendar days for the
Alterations and Additions to Grandin Court Recreation Center
in accordance with the contract documents as prepared by the
City Engineer's Office.
1. Compliance of the bidders with the requirements of the
contract documents was met.
Amount of the low bid is acceptable. The project con-
sists of the following: A new game room, kitchen,
handi-cap accessible bathrooms and a new handicap ramp.
Funding for the project is in Capital Projects Fund -
Public Improvement Bonds - Series 1988 Parks Account
Number 008-052-9603-9180.
4. Time of completion is quoted as 90 consecutive calendar
days which is acceptable.
B. Reject all 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. Funding would not be encumbered at this time.
4. Time of completion would be extended.
IV. Recommendation is that City Council take the following action:
Ac Concu~ with the implementation of Alternative "A".
Bo
Authorize the City Manager to enter into a contractual
agreement, in form approved by the City Attorney, with
Williams Painting and Remodeling, Inc. for construction of
the Alterations and Additions to the Grandin Court Recreation
Center in accordance with the contract documents as prepared
by the City Engineer's Office in the amount of $49~000.00 and
90 consecutive calendar days.
Page 3
Ce
Authorize the Director of Finance to transfer the following
funding from Account No. 008-052-9603-9180 for this project:
Contract Amount:
Project Contingency:
$49,000.00
5,000.00
TOTAL $54,000.00
to an account to be entitled Grandin Court Recreation Center
Alterations.
D. Reject the other bids received.
Respectfully submitted,
W' l'a White, Sr., Chair.=n
William F. Clark
WW/LBC/mm
Attachment: Tabulation of Bids
cc:
City Attorney
Director of Finance
City Engineer
Manager, Parks and Recreation
Citizens' Request for Service
Construction Cost Technician
TABULATION OF BIDS
ALTERATIONS & ADDITIONS
GRANDIN COURT RECREATION CENTER
2621 BARHAM ROAD, S.W.
ROANOKE, VIRGINIA
JOB NO. P-9003
Bids opened before City Council on Monday, July 22, 1991, 2:00 p.m.
Williams Painting and $49,000.00 90 YES
Remodeling, Inc.
Construction Services $58,480.00 140 YES
of Roanoke, Inc.
D. Baker & Company, $59,895.00 90 **
Renovations
Building Specialists, Inc. $59,900.00 100 YES
Gardner-Smith, Inc. $63,670.00 75 YES
S. H. Sewell & Co., Inc. $71,000.00 120 YES
* Consecutive Calendar Days
** Certified Check in lieu of Bond
Engineer's Estimate: $60,000.00
William White, Sr/, Chairman
William F. Clark
Office of City Engineer
Roanoke, Virginia
August 12, 1991
'91 AUG 22 P 3:54
Roanoke, Virginia
August 26, 1991
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Bid Committee Report
Alterations and Additions
Grandin Court Recreation Center
2621Barham Road, S.W.
Roanoke, Virginia
I concur with the recommendations of the attached Bid Committee Report.
WRH/LBC/mm
Respectfully submitted,
W. Robert Herbert
City Manager
Attachment: Bid Committee Report
oo:
City Attorney
Director of Finance
Director of Public Works
Director of Administration & Public Safety
City Engineer
Citizens' Request for Service
Construction Cost Technician
Office of the City Clerk
July 24, 1991
File #67-33
Mr. William White, Sr., Chairman)
Mr. William F. Clark )
Mr. George C. Snead, Jr. )
Committee
Gentlemen:
The following bids for construction of alterations and additions to
the Grandin Court Recreation Center were opened and read before the
Council of the City of Roanoke at a regular meeting held on Monday,
July 22, 1991:
BIDDER
BASE BID TOTAL
Williams Painting & Remodeling, Inc.
Construction Services of Roanoke, Inc.
D. Baker & Company, Inc.
Building Specialists, Inc.
Gardner-Smith, Inc.
S. H. Sewell & Company, Inc.
$49,000.00
58,480.00
59,895.00
59,900.00
63,670.00
71,000.00
On motion, duly seconded and adopted, the bids were referred to you
for tabulation, report and recommendation to Council
F,~R~.~.~.Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
pc: Mr. Wilburn C. Dlbling, Jr., City Attorney
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541
MARY F. PARKER
Cit~ Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vh'ginia 24011
Telephone: (703)981-2541
August 28, 1991
File #51
SANDP~~. H. EAKIN
Deputy CiO] Clerk
Mr. Daniel L. Crandall
Attorney
811 - 13th Street, S. W.
Roanoke, Virginia 24016
Dear Mr. Crandail:
I am enclosing copy of Ordinance No. 30644-82691 rezoning two parcels of land lying
on the southwest corner of the intersection of 13th Street and Cleveland Avenue,
S. W., containing . 77 acre, more or less, identified as Official Tax Nos. 1220901 and
1220902, from RM-2, Residential Multi-Family, Medium Density District, to C-l,
Office District, subject to certain conditions proffered by the petitioners.
Ordinance No. 30644-82691 was adopted by the Council of the City of Roanoke on
first reading on Monday, August 12, 1991, also adopted by the Council on second
reading on Monday, August 26, 1991, and will take effect ten days following the date
of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Eno.
pc;
Mr. Fred T. Yates, 737 13th Street, S. W., Roanoke, Virginia 24016
Mr. Samuel E. Brooks, 2832 Cumberland Street, N. W., Roanoke, Virginia
24012
Ms. Leigh Bartin, P. O. Box 260, Daleville, Virginia 24083
Mr. William J. Hackert, 611 Elm Avenue, S. W., Roanoke, Virginia 24016
Mr. Michael E. Levan and Mr. David S. Moeller, P. O. Box 1402, Roanoke,
Virginia 24007
Mr. J. Robert Wingo and Ms. Jean Copley, P. O. Box 13505, Roanoke,
Virginia 24034
Ms. Irene S. Long, P. O. Box 381, Troutville, Virginia 24175
Mr. Daniel L. Crandall
August 28, 1991
Page 2
pc:
Joe Bandy & Son, P. O. Box 4061, Roanoke, Virginia 24015
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
Commission, P. O. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. DibHng, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Ms. Nadine C. Minnix, Acting Director of Reai Estate Valuation
Mr. Charles A. Price, Jr., Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Milier, Building Commissioner/Zoning Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Ms. Doris Layne, Office of Real Estate Valuation
District
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 26th Day of August, 1991.
No. 30644-82691.
VIRGINIA,
AN ORDINANCE to
(1979), as amended,
City of Roanoke, to
ject
amend §36.1-3, Code of the City of Roanoke
and Sheet No. 122, Sectional 1976 Zone Map,
rezone certain property within the City, sub-
to certain conditions proffered by the Petitioner.
WHEREAS, a petition has been presented to the Council of the
City of Roanoke to have the hereinafter described property
rezoned from RM-2, Residential Multifamily, Medium Density
District, to C-i, Office District, subject to certain conditions
proffered by the Petitioner; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by §36.1-693, Code of
the City of Roanoke (1979), as amended, and after conducting a
public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held by City Council on said
petition at its meeting on August 12, 1991, after due and timely
notice thereof as required
Roanoke (1979), as amended,
interest and citizens were
by §36.1-693, Code of the City of
at which hearing all parties in
given an opportunity to be heard,
for and against the proposed rezoning; and
WHEREAS, this Council, after considering
tion, the recommendation made to the Council
both
the aforesaid peti-
by the Planning
Commission,
sented at the public
hereinafter described
vided.
the City's Comprehensive Plan, and the matters pre-
hearing, is of the opinion that the
property should be rezoned as herein pro-
WHEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that ~36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 122 of the Sectional 1976 Zone Map, City
of Roanoke, be amended in the following particular and no other:
Property described as two tracts of land lying on the south-
west corner of the intersection of 13th Street and Cleveland
Avenue, S.W., designated on Sheet No. 122 of the Sectional 1976
Zone Map, City of Roanoke, as Official Tax Nos. 1220901 and
1220902, be, and are hereby rezoned from RM-2, Residential
Multifamily, Medium Density District, to C-l, Office District,
subject to those conditions proffered by and set forth in the
First Amended Petition to Rezone filed in
Clerk on June 11, 1991, and that Sheet No.
1976 Zone Map be changed in this respect.
the Office of the City
122 of the Sectional
ATTEST:
City Clerk.
Office of the City Clerk
July 19, 1991
File #51
Mr. Daniel L. Crandall
Attorney
811 13th Street, S. W.
Roanoke, Virginia 24016
Dear Mr. Crandall:
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 clients, Mr. & Mrs. Louis P. Ripley and Mr. & Mrs.
Daniel L. Crandall, that two parcels of land lylng on the southwest
corner of the intersection of 13th Street and Cleveland Avenue,
S. W., containing .77 acre, more or less, identified as Official
Tax Nos. 1220901 and 1220902, be rezoned from RM-2, Residential
Multi-Family, Medium Density District, to C-l, Office District,
subject to certain conditions proffered by the petitioners.
Pursuant to Resolution No. 25523 adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, April 6, 1981, a
public hearing on the abovedescribed request has been set for
Monday, August 12, 1991, at 7:30 p.m., in the City Council Chamber,
fourth floor of the Municipal Building, 215 Church Avenue, S. W.
For your information, I am enclosing copy of a notice of the public
hearing and an Ordinance providing for the rezoning, which notice
and Ordinance were prepared by the City Attorney's Office. Please
review the Ordinance and if you have questions, you may contact Mr.
Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions
with regard to the Planning Commission report should be directed to
Mr. John R. Marlles, Chief of Community Planning, at 981-2344.
Sincerely,
Mary F. Parker, C~C/AAE
City Clerk
MFP:ra
PUBLIC55
Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703) 981.2541
Mr. Daniel L.
July 22, 1991
Page 2
Crandall
pc:
Mr. Fred T. Yates, 737 13th Street, $. W., Roanoke, Virginia
24016
Mr. Samuel E. Brooks, 2832 Cumberland Street, N.W. Roanoke,
Virginia 24012 '
Ms. Leigh Bartin, P. O. Box 260, Daleville, Virginia 24083
Mr. William J. Hackert, 611 Elm Avenue, S. W. Roanoke,
Virginia 24016 '
Mr. Michael E. Levan and Mr. David S. Moeller, P. O. Box 1402,
Roanoke, Virginia 24007
Mr. J. Robert Wingo and Ms. Jean Copley, p. O. Box 13505,
Roanoke, Virginia 24034
Ms. Irene S. Long, P. O. Box 381, Troutville, Virginia 24175
Joe Bandy & Son, P. O. Box 4061, Roanoke, Virginia 24015
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Commission, P. O. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Ms. Nadine C. Mlnnix, Acting Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Ms. Doris Layne, Office of Real Estate Valuation
hq NUMBER - 72420080
PUBLISHER'S FEE - $112.7D
RECEIVED
CITY CLSP!{S OFFICE
DANIEL L CRANDALL ATTY
302 FRANKLIN RD S N
AUG 12 P2:04
ROANOKE VA 24010
STATE OF VIRGINIA
CITY OF ROANOK~
AFFIDAVIT OF
PUi~L ICATION
i, (THE UNDERSIGNED} AN AUTHORIZE0
REPRESENTATIVE OF THE TIMES-wCRLD COR-
PORATION, ~HICH CORPORATION IS PUBLISHER
OF THE ROANOKE TIMES & NCRLO-NE~S, A
DAILY NENSPAPER PUBLISHED IN ROANOKE, IN
THE STATE OF VIRGINIA, DC CERTIFY THAT
THE ANNEXED NOTICE WAS PUBLISHED IN SAID
NEWSPAPERS DN THE FOLLOWING DATES
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1,
Code of the City of Roanoke (1979), as amended, the Council of
the City of Roanoke will hold a Public Hearing on Monday,
August 12, 1991, at 7:30 p.m.,
Municipal Building, 215 Church
rezoning from RM-2, Residential
in the Council Chamber in the
Avenue, S. W., on the question of
Multifamily, Medium Density
District to C-l, Office District, the following property:
Two parcels of land lying on the southwest corner of the
intersection of 13th Street and Cleveland Avenue, S.W.,
and bearing Official Tax Nos. 1220901 and 1220902, such
rezoning to be subject to certain proffered conditions.
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 24th day of July , 1991.
Mary F. Parker, City Clerk
Please publish in full twice in the Roanoke Times & World News, Morning Edition,
once on Friday, July 26, 1991, and once on Friday, August 2, 1991.
Please send publisher's affidavit to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Please send bill to:
Mr. Daniel L. Crandall, Attorney
811 - 13th Street, S. W.
Roanoke, Virginia 24016
Office of the City Clerk
July 16, 1991
File #51
Mr. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of an amended
petition from Mr. Daniel L. Crandall, Attorney, representing
Mr. & Mrs. Louis P. Ripley and Mr. & Mrs. Daniel L. Crandall,
requesting that two parcels of land lying on the southwest corner
of the intersection of 13th Street and Cleveland Avenue, S. ~.,
containing .77 acre, more or less, identified as Official Tax
Nos. 1220901 and 1220902, be rezoned from RM-2, Residential
Multi-Family, Medium Density District, to C-1, Office Oistrict,
subject to certain conditions proffered by the petitioners.
Sincerely,
Ma~y F. Parker, C~4C/AAE
City Clerk
MFP:ra
REZONE55
pc:
Mr. Daniel L. Crandall, Attorney, 811 13th Street,
Roanoke, Virginia 24016
Mr. John R. Morlles, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller, Zoning 4dministrator
~r. Steven J. Talevi, Assistant City Attorney
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541
LAW OFFICES OF
DANIEL L. CRANDALL, P,C.
ROANOKE, VIRGINIA 24016
I~tTY CLEPYS ,~F~ E
FZRST AMENDED PETZT %N,B. 12 I1:02
IN THE COUNTY OF THE CITY OF ROANOKE, VIROINIA
Rezoning of two parcels of land lying on the southwest corner of
the intersection of 13th Street and Cleveland Avenue, S.W.,
bearing Official Tax Numbers 1220901 and 1220902 from RM-2,
Residential Multifamily, Medium Density District to C-i, Office
District, such rezoning to be subject to certain proffered
conditions.
TO THE HONORABLE MAYOR AND NE~BERS OF THE COUI/CIL OF ?m~ CItY OF
ROANOKE:
The Petitioners, Joseph S. and Louis P. Ripley, and
Daniel L. and Teresa L. Crandall, own land in the City of Roanoke
containing .77 acres, more or less, bearing Official Tax Numbers
1220901 and 1220902, located at the southwest corner of the
intersection of 13th Street and Cleveland Avenue, S.W. Said
parcels are currently zoned RM-2. Residential Multifamily,
Medium Density District. A map of the property to be rezoned is
attached as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of
Roanoke (1979), as amended, the Petitioners request that the
herein described property be rezoned from RM-2, Residential
Multifamily, Medium Density District, to C-I, Office District,
subject to certain conditions as set forth below, for the purpose
of continuing the use as professional offices.
The Petitioners believe the rezoning of the said
parcels of land will further the intent and purposes of the
City's Zoning Ordinance and its comprehensive plan, in that the
rezoning will take a legal nonconforming use and place it within
a conforming zoning district classification and it will provide a
transitional land use area between the commercial and residential
uses in the area.
The Petitioners hereby proffer and agree that if the
said parcels of land are rezoned as requested, that the rezoning
will be subject to, and the Petitioners will abide by, the
following conditions:
That the property will continue to operate
and be developed in substantial conformity
with the site plan prepared by Howard
Harrison, dated March, 1990, a copy of
which is attached to the petition for
rezoning as Exhibit B, subject to any
changes required by the City during compre-
LAW OI~FIC ES OF
DANIEL L. CRANDALL, P.C.
ROANOKE, VIRGINIA 24016
hensive site plan review.
That the existing and proposed use of the
property shall be professional offices.
That if the requested rezoning is approved,
an application will be made to the Roanoke
Board of Zoning Appeals for a variance for
relief of the minimum 10 foot wide land-
scaping buffer area requirement for a
portion of the western property line that
is parallel to the existing structure; said
application shall seek no more than a six
(6) feet variance (resulting in a buffer
area of 4 feet in width) along that portion
of property which parallels the existing
structure and shall be conditioned upon the
existing structure remaining.
That the landscaping buffer area along the
western property boundary which is not
parallel to the existing structure shall be
the minimum ten (10) foot width as
required by the City Code.
That the existing fence along the western
property line shall be properly maintained
and kept in a state of good repair.
That upon demolition of the existing structure
and proposal of new construction, the land-
scaping buffer along the entire western
property line shall be the minimum 10 feet
width as required by the City Code.
That any exterior lighting for the required
off-street parking areas or the grounds of
the property shall not be installed as to
illuminate any adjoining residential areas.
Attached as Exhibit C are the names, addresses and
official tax numbers of the owner or owners of all lots or
property immediately adjacent to, immediately across a street or
road from the property to be rezoned.
WBEREFORE, the Petitioners request that the above
described parcels of land be rezoned as requested in accordance
with the provisions of the Zoning Ordinance of the City of
Roanoke.
Respectfully submitted this __ day of
· 1991.
Respectfully submitted,
Daniel L. Crandall
LAW OFFICES OF DANIEL L.
811-13th Street, S.W.
Roanoke, Virginia 24016
(703} 342-2000
CP~%NDALL, P.C.
~0-e~h S. Ri~ley/ / '
~Pet~ tioner
Louis. P. Ripley/~- ~/
Crandall
eresa L. Crandall ~/
Petitioner
LAW OFFICES OF
DANIEL L. CRANDALL, PC.
ROANOKE, VIRGINIA 24016
MARY F. PARKER
C~ty Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 456
Roanoke, Virginia 2401 ~
Telephone: (703) 981-2541
June 12, 1991
SANDRA H. EAKIN
Deputy C~:y Clerk
File #51
~r. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of a petition
from Mr. Daniel L. Crandall, Attorney, representing Mr. & Mrs.
Louis P. Ripley and Mr. & Mrs. Daniel L. Crandall, requesting
that two parcels of land lying on the southwest corner of the
intersection of 13th Street and Cleveland Avenue, S. W., con-
taining .77 acre, more or less, identified as Official Tax Nos.
1220901 and 1220902, be rezoned from RM-2, Residential
~ulti-Family, Medium Density District, to C-1, Office District,
subject to certain conditions proffered by the petitioners.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
REZONE55
pc:
Mr. Daniel L. Crandall, Attorney, 811 13th Street, S. W.,
Roanoke, Virginia 24016
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
LAW OFFICES OF
DANIEL L, CRANDALL, P.C.
ROANOKE, VIRGINIA ~1016
RECEIVED
CITY CtER~S OFFICE
IN COUNTY l 'r '2ot2Ro o:< .
VIRGINIA
IN ~%
Rezoning of two parcels of land lying on the southwest corner of
the intersection of 13th Street and Cleveland Avenue, S.W.,
bearing Official Tax Numbers 1220901 and 1220902 from RM-2,
Residential Multifamily, Medium Density District to C-I, Office
District, such rezoning to be subject to certain proffered
conditions.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE=
The Petitioners, Joseph S. and Louis P. Ripley, and
Daniel L. and Teresa L. Crandall, own land in the City of Roanoke
containing .77 acres, more or less, bearing Official Tax Numbers
1220901 and 1220902, located at the southwest corner of the
intersection of 13th Street and Cleveland Avenue, S.W. Said
parcels are currently zoned RM-2. Residential Multifamily,
Medium Density District. A map of the property to be rezoned is
attached as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of
Roanoke (1979), as amended, the Petitioners request that the
herein described property be rezoned from RM-2, Residential
Multifamily, Medium Density District, to C-i, Office District,
subject to certain conditions as set forth below, for the purpose
of continuing the use as professional offices.
The Petitioners believe the rezoning of the said
parcels of land will further the intent and purposes of the
City's Zoning Ordinance and its comprehensive plan, in that the
rezoning will take a legal nonconforming use and place it within
a conforming zoning district classification and it will provide a
transitional land use area between the commercial and residential
uses in the area.
The Petitioners hereby proffer and agree that if the
said parcels of land are rezoned as requested, that the rezoning
will be subject to, and the Petitioners will abide by, the
following conditions:
That the property will continue to operate
and be developed in substantial conformity
with the site plan prepared by Howard
Harrison, dated March, 1990, a copy of
which is attached to the petition for
rezoning as Exhibit B, subject to any
changes required by the City during compre-
hensive site plan review.
That the existing and proposed use of the
property shall be professional offices.
That if the requested rezoning is approved,
that and application will be made to the
Roanoke Board of Zoning Appeals for a variance
for relief of the minimum 10 foot wide land-
scaping buffer area requirement along the
western property line which adjoins a resi-
dentially zoned district.
That any exterior lighting for the required
off-street parking areas or the grounds of
the property shall not be installed as to
illuminate any adjoining residential areas.
That the existing vegetation and fencing
along the western property line, adjoining
the residentially zoned district, shall be
maintained in accordance with SEction 36.1-
585 (e) of the City Code.
Attached as Exhibit C are the names, addresses and
official tax numbers of the owner or owners of all lots or
property immediately adjacent to, immediately across a street or
road from the property to be rezoned.
WHEREFORE, the Petitioners request that the above
described parcels of land be rezoned as requested in accordance
with the provisions of the Zoning Ordinance of the City of
Roanoke.
Respectfully submitted this
__ day of June, 1991.
Resp~e~ful ly sub~t t ed,
/~- - ~Q~' Counsel
Daniel L. Crandall
LAW OFFICES OF DANIEL L.
811-13th Street, S.W.
Roanoke, Virginia 24016
(703) 342-2000
CRANDALL, P.C.
Teresa L. Crandall
Petitioner
Exhibit "A"
/,/
!.]4
CLIENT AND
0
NAME
Fred T. Yates
Samuel E. Brooks
Leigh Bartin
William J. Heckert
Michael E. Levan &
David S. Moeller
J. Robert Wingo &
Jean Copley
Irene S. Long
Joe Bandy & Son
EXHIBIT
ADDRESS
737 - 13th Street,
Roanoke, Virginia
24016
2832 Cumberland Street
Roanoke, Virginia
24012
P.O. Box 260
Daleville, Virginia
24083
611 Elm Avenue, S.W.
Roanoke, Virginia
24016
P.O. Box 1402
Roanoke, Virginia
24007
P.O. Box 13505
Roanoke, Virginia
24034
725 - 13th Street,
Roanoke, Virginia
24016
P.O. Box 4061
Roanoke, Virginia
24015
ID NUMBER
1220421
1220803
1221001
1221002
1221003
1221004
1220903
1220904
1220422
1220907
RECEIYEO
CiTY CLER~$OFFtCE
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRG~IA~
26 A8:23
PERTAINING TO THE REZONING REQUEST OF:
Request from Joseph S. and Louise P. Ripley and Daniel)
and Teresa Crandall for the rezoning of two parcels of)
land lying on the southwest corner of the intersection)
of 13th Street and Cleveland Avenue, S.W., bearing the)AFFIDAVIT
Official Tax Nos. 1220901 and 1220902 from AM-2, )
Residential Multifamily, Medium Density District, to )
C-l, Office 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 of June, 1991, notices of a public hearing to be held
on the 3rd day of July, 1991, on the rezoning captioned above to the
owner or agent of the parcels listed below at their last known address:
PARCEL
1220421
OWNERt AGENT OR OCCUPANT
Fred T. Yates
ADDRESS
737 13th Street, SW
Roanoke, VA 24016
1220803
Samuel E. Brooks
2832 Cumberland Street
Roanoke, VA 24012
1221001 Leigh Bartin P.O. Box 260
1221002 Daleville, VA 24083
William J. Hackert
1221003 611 Elm Avenue, SW
Roanoke, VA 24016
1221004 Michael E. Levan P.O. Box 1402
David S. Moeller Roanoke, VA 24007
1220903
1220904
J. Robert Wingo
Jean Copley
P. O. Box 13505
Roanoke, VA 24034
1220422 Irene S. Long P.O. Box 381
Troutville, VA 24175
1220907
Joe Bandy & Son P.O. Box 4061
Roanoke, VA 24015
~ Ma~tha' Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 24th day of June, 1991.
My Commission Expires:
Notary Public
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, ~rtrginia 24011
Telephone: (703)981-2541
August 28, 1991
File #51
SANDRA H. EAKIN
Deputy City Clerk
Mr. John H. Lipscomb, Partner
L & M Properties
3621 Manassas Drive, S. W.
Suite D
Roanoke, Virginia 24018
Dear Mr. Lipscomb:
I am enclosing copy of Ordinance No. 30645-82691 rezoning a tract of land located at
1011 Kimball Avenue, N. E., containing .82 acre, more or less, identified as Official
Tax No. 3030201, from HM, Heavy Manufacturing District, to LM, Light
Manufacturing District. Ordinance No. 30645-82691 was adopted by the Council of
the City of Roanoke on first reading on Monday, August 12, 1991, also adopted by
the Council on second reading on Monday, August 26, 1991, and will take effect ten
days following the date of its second reading.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
pc:
Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and
Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017
NSW Corporation, 530 Gregory Avenue, N. E., Roanoke, Virginia 24016
Waidrond-Jamison Oil Company, P. O. Box 13928, Daleville, Virginia 24038
Richard Roberts Hotel Income Associates, 35 Tower Lane, Box 716, Avon,
Connecticut 06001
Mr. Wayne G. Strickland, Executive Director, Fifth Planning District
Commission, P. O. Box 2569, Roanoke, Virginia 24010
Mr. John H. Lipscomb
August 28, 1991
Page 2
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. WliHam F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. John R. Marlles, Agent/Secreta~r, City Planning Commission
Ms. Doris Layne, Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 26th Day of August, 1991.
No. 30645-82691.
AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 303, Sectional 1976 Zone ~iap,
City of Roanoke, to rezone certain property within the City.
WHEREAS, a petition has been presented to the Council of the
City of Roanoke to have a portion of the hereinafter described
property rezoned from HM, Heavy Manufacturing District, to LM,
Light Manufacturing District; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by §36.1-693, Code of
the City of Roanoke (1979), as amended, and after conducting a
public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held by City Council on said
petition at its meeting on August 12, 1991, after due and timely
notice thereof as required
Roanoke (1979), as amended,
interest and citizens were
by §36.1-693, Code of the City of
at which hearing all parties in
given an opportunity to be heard,
both
for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid peti-
tion, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters pre-
sented at the public hearing, is of the opinion that the herein-
after described proDerty should be rezoned as herein provided.
WHEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that ~36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 303 of the Sectional 1976 Zone Map, City
of Roanoke, be amended in the following particular and no other:
Property described as a tract of land lying at 1011 Kimball
Avenue, N.E., designated on Sheet No. 303 of the Sectional 1976
Zone Map, City of Roanoke, as Official Tax No. 3030201, be, and
is hereby rezoned from HM, Heavy Manufacturing District, to LM,
Light Manufacturing District, and that Sheet No. 303 of the
Sectional 1976 Zone Map be changed in this respect.
ATTEST:
City Clerk.
RECEIVED
CITY CLER~:S ~FFiCE
'~1 JI.IL23 ~0:33
Office of Community Planning
August 12, 1991
The Honorable Noel C. Taylor, Mayor
and Members City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from L & M Properties, a Virginia
Partnership, that property located at 1011
Kimball Avenue, N.E., described as official tax
number 3030201, be rezoned from HM, Heavy
Manufacturing District, to LM, Light
Manufacturing District.
I. Background:
Purpose of the rezoning request is for the leasing of
the subject property to a wholesale construction
supply sales company.
Petition to rezone was filed on June 11, 1991. No
proffered conditions were made by the petitioner.
Planning Commission public hearing was held on July
3, 1991.
Mr. John Lipscomb appeared before the Commission and
stated that he was a partner in L & M Properties. He
said that his property had been formerly occupied by
Waldrond Oil, but was now vacant. He said that he
had invested considerable money in order to get
water, sewer and underground utilities to the
building. He noted that he could not find a tenant
who wanted to use the site under its current HM
zoning, therefore, he was requesting a rezoning to
LM. He noted that he had a prospective tenant.
Mr. Marlles stated that staff recommended approval.
He said the proposed LM zoning district would permit
reuse of an existing vacant structure and would leave
the property in an industrial classification. He
said that staff felt the use would be very compatible
with the surrounding development.
There was no further discussion on the matter Defore
the Commission took action on the rezoning request.
Room 355 Municipal Building 215 Church Avenue, S,W Roanoke, Virginia 24011 (703) 981-2344
Members of Council
Page 2
II. Issues:
ao
Zoning of the subject property is HM, Heavy
Manufacturing District. The surrounding zoning in the
area is as follows: to the north, east and south is
HM, Heavy Manufacturing District; to the west is LM,
Light Manufacturing District.
Land use of the site is vacant metal buildings.
Surrounding land uses in the area are as follows: to
the north is a vacant, undeveloped tract of land; to
the east are various railroad-related activity
buildings; to the south is a plastics manufacturing
and distribution industry, and a propane refilling
station and distribution center; and to the west is a
vacant lot, Days Inn motel, NSW plastics
manufacturing and Grainger industrial and commercial
equipment and supplies companies.
Utilities are available and adequate. Storm drainage
concerns and any other engineering problems will be
addressed and resolved during site plan review.
Access to the site is from the adjoining public
street, Kimball Avenue. The City Traffic Engineer has
stated that given the proposed use of the property,
projected trip generations are not expected to have
a significant impact on Kimball Avenue. Furthermore,
that careful consideration should be given to the
site entrance way during site plan review because of
the nearby existing solid median on part of Kimball
Avenue.
Industrial land in the City has been identified as a
valuable economic asset which should be promoted for
development or redevelopment.
Comprehensive Plan recommends encouraging industrial
development on appropriate sites and protecting the
City's industrial land base.
III. Alternatives:
City Council approve the rezoning request.
1. Zoning of the subject property would be LM,
Light Manufacturing District.
Land use would become a wholesale supply sales
company and the adaptive reuse of existing
structures on the property would occur.
Members of Council
Page 3
Utilities are available to the site and are of
adequate capacity to serve the proposed
redevelopment of the property. All engineering
and drainage concerns would be addressed and
resolved during the site plan review process.
e
Access to and from the site can be safely
provided by Kimball Avenue. Additional traffic
generated by the proposed use can be safely
accommodated by current right-of-way of Kimball
Avenue and the existing signalization at the
Orange Avenue intersection.
Industrial land in the City is placed back into
a revenue generating status.
e
Comprehensive Plan would be followed due to the
fact that the requesting rezoning would keep the
subject property in an industrial zoning and use
classification.
B. City Council deny the rezoning request.
Zoning would remain HM, Heavy Manufacturing
District.
Land use would remain a vacant, developed
industrial property and the uses would be
restricted to heavy manufacturing activities.
3. Utilities would be unaffected.
4. Access would not be an issue.
Industrial land would remain in a non-revenue
generating status and would not be an economic
asset to the City.
Comprehensive Plan would not be an issue since
the subject property would remain industrially
zoned.
IV. Recommendation:
By a vote of 6-0 (Mr. Price absent) the Planning
Commission recommended approval of the rezoning request.
The requested rezoning would be a logical extension of the
light manufacturing district to the west and would provide
for the adaptive reuse of the property. In addition, the
proposed wholesale construction supply sales activity is a
compatible use to the adjoining plastics manufacturing and
distribution industries to the south and west of the
property.
Members of Council
Page 4
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
JRM:EDD:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner
Petitioner
MARY F. PARKER
C~ty Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 456
TeJephone: (703)981-2541
June 12, 1991
SANORA H, EAKIN
Deputy City Clerk
File #51
Mr. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Price: ~
Pursuant to Section 36.1-690(e) of ~h~ Code of the City of
Roanoke (1979), as amended, I am enclosing copy of a petition
from L ~ M Properties, a Virginia Partnership, requesting that a
tract of land located at 1011 Kimball Avenue, N. E., containing
.82 acre, more or less, identified as Official Tax No. 3030201,
be rezoned from HM, Heavy Manufacturing District, to LM, Light
Manufacturing District.
~ ~ 4'Sincerely'
Mary F. Parker, C~IC/AAE
City Clerk
MFP: ra
REZONE$6
pC:
Mr. John H. Lipscomb, Partner, L & M Properties, 3621
Manassas Drive, S. W., Suite D, Roanoke, Virginia 24018
~'~.' John R. Muffles, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
RE~EtYEO
~ITY CLE.~M,-~. CFFtCE
PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Rezoning of a tract of land lying 1011 Kimball Avenue,
NE (Tax Map No. 3030201 from HM Heavy Manufacturing to
LM Liaht Manufacturina, such rezoning to be subject to
certain conditions.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner,L & M Properties (A VA Partnership) owns the
land in the City of Roanoke containing 0.82 acres, more or less,
located 1011 Kimball Avenue. NE (3030201). Said tract is currently
zoned HM. A map of the property to be rezoned is attached as
Exhibit A.
Pursuant to Section 36.01-690, Code of the City of Roanoke
(1979), as amended, the Petitioner requests that the said property
be rezoned from ~ District to LM District, subject to certain
conditions set forth below, for the purpose of leasin~ the Property
to a wholesale construction SuPPly sales company (Adams Prod~ct~
Company. A North Carolina Corporation.
The Petitioner believes 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 provide a viable, new
business to a buildina that has been vacant for sometime. Also ali
rental inouiries durin~ our ownership has been for a light
manufacturin~ use instead of a heavv manufacturina use. Also the
area has developed in conjunction with LM & C-2 uses. which best
fit the location and surroundin~ improvements. Existing
improvements located in the subject property are best suited fgr
uses allowed in LM zonina districts,
Improvements already exist and will be altered in no way
except for cosmetic improvements.
Attached as Exhibit ~ are the names, addresses and tax numbers
of the owner or owners of all lots or property immediately adjacent
to 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.
Respectively submitted this 10th day of June, 1991.
Respectfully submitted,
Jc~n I~. ~91ps
L~& M Proper
:les
Partner
(Typed name and address of all owners of property to be rezoned and
signature of said owners)
Owmers:
L & M Properties A Virginia Partnership
John H. Lipscomb
Partner
3621 Manassas Drive Suite ~
Roanoke, Virginia 24018
David D. McCray
Partner
2707 Brambleton Avenue
Roanoke, Virginia 24015
EXHIBIT 'A'
Site Map
EXHIBIT "B"
3030101
3030212/13
3025012
3025008 and 3025011
ADJOINING PROPERTY LIST
QWNER NAME & MAILING ADDRESS
City of Roanoke
Redevelopment & Housing Authority
Orange Avenue, NE
Roanoke, Virginia 24016
Walrond Oil Company, Inc.
P.O. Box 13928
Roanoke, Virginia 24038
Roberts Richard Hotel Income
Associates Limited Partnership
35 Tower Lane
Box 716
Avon, CT 06001
NSW Corporation
530 Gregory Avenue, NE
Roanoke, Virginia 24016
oO
CATION
MARY F. PARKER
Oty Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
July 19, 1991
File #51
SANDRA H. EAKIN
Deputy C~:y Clerk
Mr. John H. Lipscomb, Partner
L & M Properties
3621 Manassas Drive, S. W.
Suite D
Roanoke, Virginia 24018
Dear Mr. Lipscomb:
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 L & M Properties, a Virginia Partnership, that a tract
of land located at 1011 Kimball Avenue, N. E., containing .82 acre,
more or less, identified as Official Tax No. 3030201, be rezoned
from HM, Heavy Manufacturing District, to LM, Light Manufacturing
District.
Pursuant to Resolution No. 25523 adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, April 6, lbS1, a
public hearing on the abovedescribed request has been set for
Monday, August 12, 1991, at 7:30 p.m., in the City Council Chamber,
fourth floor of the Municipal Building, 215 Church Avenue, S. W.
For your information, I am enclosing copy of a notice of the public
hearing and an Ordinance providing for the rezoning, which notice
and Ordinance were prepared by the City Attorney's Office. Please
review the Ordinance and if you have questions, you may contact Mr.
Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions
with regard to the Planning Commission report should be directed to
Mr. John R. Marlles,-Chief of Community Planning, at 981-2344.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
PUBLIC56
Enc.
Mr. John H. Lipscomb
July 22, 1991
Page 2
pc:
Mr. Herbert D. McBride, Executive Director, Roanoke
Redevelopment and Housing Authority, P. O. Box 6359, Roanoke,
Virginia 24017
NSW Corporation, 530 Gregory Avenue, N. E., Roanoke, Virginia
24016
Waldrond-Jamison Oil Company, P. O. Box 13928, Daleville,
Virginia 24038
Richard Roberts Hotel Income Associates, 35 Tower Lane, Box
716, Avon, Connecticut 06001
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Commission, P. O. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Ms. Doris Layne, Office of Real Estate Valuation
NUMBER - 72~0117,5
PUBLISHER'S FEE - $9o,o0
CITY OF ROANOKE
C/O MARY F PARKER
CiTY CLERKS OFFICE
ROOM 450 MUNICIPAL uLDG
ROANOKE VA 24011
RECEIVED
CITY CI..FRKS OFFICE
12 P2:04
STATE OF VIRGINIA
CITY CF ROANOKE
AFFIDAVIT OF PUBLICATION
I9 (THE UNDERSIGNED) AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-wORLO COR-
PORATION, WHICH CORPORATION IS PUBLISHER
OF THE ROANOKE TIMES C WGRLO-NEWS, A
DAILY NEWSPAPER PUBLISHEO IN RDANOKE9 IN
THE STATE OF VIRGINIA, DO CERTIFY THAT
THE ANNEXED NOTICE WAS PUuLiSHED IN SAiD
NEWSPAPERS ON THc F£LLOWING OATES
07/20/91 MORNING & EVENING
08/02/91 MORNING & EVENING
WITNESS~
T~tIS..-~ 5TH OAY OF AUGUST 1991
AUTHORIZED SIGNATURE
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1,
Code of the City of Roanoke (1979), as amended, the Council of
the City of Roanoke will hold a Public Hearing on Monday,
August 12, 1991, at 7:30 p.m., in the Council Chamber in the
Municipal Building, 215 Church Avenue, S. W., on the question of
rezoning from HM Heavy Manufacturing District to LM, Light
Manufacturing District, the following property:
A tract of land lying at 1011 Kimball Avenue, N.E.,
bearing Official Tax No. 3030201.
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. All
parties in interest may appear on the above date and be heard on
the question.
GIVEN under my hand this
24th day of July
, 1991.
Mary F. Parker, City Clerk
Please publish in full twice in the Roanoke Times & World News, Morning Edition,
once on Friday, July 26, 1991, and once on Friday, August 2, 1991.
Please send publisher's affidavit and bill to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W ,Room 456
Telephone: (703) 981-254t
June 12, 1991
SANDRA H. EAKIN
Deputy City Clerk
File #51
Mr. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of a petition
from L ~ M Properties, a Virginia Partnership, requesting that a
tract of land located at 1011 Kimball Avenue, N. E., containing
.82 acre, more or less, identified as Official Tax No. 3030201,
be rezoned from HM, Heavy Manufacturing District, to LM, 5ight
Manufacturing District.
MFP:ra
REZONE$6
pC:
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
Mr. John H. Lipscomb, Partner, L & ~ Properties, 3621
~anassas Drive, S. W., Suite D, Roanoke, Virginia 24018
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
CITY CLER~-~ -3
TO T~E CITY CLERK OF T~E CI~'~Z OF ROANOKE, VIRGINTA
'91 26 A8:23
PERTAINING TO THE REZONING REQUEST OF:
Request from L & M Properties, a Virginia Partnership, )
represented by John A. Lipscomb, for the rezoning of )
land at 1011 Kimball Avenue, N.E., Tax No. 3030201, )AFFIDAVIT
from HM, Heavy Manufacturing District to LM, Light )
Manufacturing District. )
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 of June, 1991, notices of a public hearing to be held
on the 3rd day of July, 1991, 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
ADDRE S S
3030101
3025008
3030213
3025012X
City of Roanoke Redevelopment P.O. Box 6359
Roanoke, VA 24017
NSW Corporation
Wladrond-Jamison Oil Co. P.O. Box 13928
Daleville, VA 24038
Richard Roberts Hotel Income 35 Tower Lane
Associates Box 716
Avon, CT 06001
[ Martha ~a6~ Franklin
530 Gregory Avenue, NE
Roanoke, VA 24016
SUBSCRIBED AND SWORlq to before me, a Notary
Roanoke, Virginia, this 24th day of June, 1991.
My Commission Expires:
Public, in the City of
Notary Public
MARY F. PARKER
City Clerk
CITY OF ROANOKF.
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke. Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #514
SANDRA H. EAKIN
Deputy City Clerk
Mr. Robert E. Glenn
Attorney
P. O. Box 2887
Roanoke, Virginia 24001
Dear Mr. Glenn:
I am enclosing copy of Ordinance No. 30646-82691 permanently vacating,
discontinuing and closing a portion of 20th Street and Westport Avenue, S. W.
Ordinance No. 30646-82691 was adopted by the Council of the City of Roanoke on
first reading on Monday, August 12, 1991, also adopted by the Council on second
reading on Monday, August 26, 1991, and will take effect ten days following the date
of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: va
Enc.
pc:
H & S Construction Company, P. O. Box 6226, Roanoke, Virginia 24017
Automotive Paint and Supply, 1930 Salem Avenue, S. W., Roanoke, Virginia
24016
Norfolk Southern Corporation, Eight North Jefferson Street, Roanoke,
Virginia 24016
Norfolk Southern Corporation, 185 Spring Street, Box 172, Atlanta, Georgia
30303
Roanoke Valley Cablevision, c/o Cox Cable Communication, P. O. Box 105350,
Atlanta, Georgia 30348
Cox Cable Roanoke, Inc., 1909 Salem Avenue, S. W., Roanoke, Virginia
24016
Mr. Robert E. Glenn
August 28, 1991
Page 2
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
The Honorable Jerome S. Howard, Jr., Commissioner of Revenue
Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Enginner
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. John R. Marlles, Agent / Secretary, City Planning Commission
Mr. Edward R. Tucker, City Planner
Ms. Doris Layne, Office of Real Estate Valuation
MARY F. PARKER
Ciw Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vir~fnia 24011
Telephone: (703)981-2541
August 28, 1991
File #514
SANDRA H. EAI~N
Deputy City Clerk
The Honorable Dale A. Hendrick
Clerk of the Circuit Court
Roanoke, Virginia
Dear Mr. Hendrick:
I am attaching copy of Ordinance No. 30646-82691, for proper recordation in your
office, which provides for the permanent vacating, discontinuing and closing of a
portion of 20th Street and Westport Avenue, S. W. Ordinance No. 30646-82691 was
adopted by the Council of the City of Roanoke on first reading on Monday, August
12, 1991, also adopted by the Council on second reading on Monday, August 26,
1991, and will take effect ten days following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
pc: Mr. Robert E. Glenn, Attorney, P. O. Box 2887, Roanoke, Virginia 24011
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 26th Day of August, 1991.
No. 30646-82691.
VIRGINIA,
AN ORDINANCE permanently, vacating, discontinuing and closing
certain public rights-of-way in the City of Roanoke, Virginia, as
is more particularly described hereinafter.
WHEREAS, Cox Cable Roanoke, Inc., a Virginia corporation, has
filed an application to the Council of the City of Roanoke,
Virginia, in accordance with law, requesting the Council to per-
manently vacate, discontinue and close the public rights-of-way
described hereinafter; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by §30-14, Code of the
City of Roanoke (1979), as amended, and after having conducted a
public hearing on the matter, has made its recommendation to
Council.
WHEREAS, a public hearing was held on said application by the
City Council on August 12, 1991, after due and timely notice
thereof as required by §30-14, Code of the City of Roanoke
(1979), as amended, at which hearing all parties in interest and
citizens were afforded an opportunity to be heard on said appli-
cation; and
WHEREAS, it appearing from the foregoing that the land
proprietors affected by the requested closing of the subject
public rights-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers
that no inconvenience will result to any individual or to the
public from permanently vacating, discontinuing and closing said
public rights-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke, that the public rights-of-way situate in the City of
Roanoke, Virginia, and more particularly described as follows:
A portion of 20th Street, S.W., running north from an
imaginary line connecting the northern boundary of an
alleyway designated "W.E. 40 R.V.," with the northern
boundary of an alleyway designated "W.E. 32 R.V.," all
as shown on Sheet Number 131 of the Appraisal Map of the
City of Roanoke to an imaginary line which is an exten-
sion (bearing approximately N. 40° 25' 45" W.) of the
northeast boundary of the triangular parcel of land
designated on the said Appraisal Map as parcel number
1310901, said line running from the northeast corner of
parcel number 1310901 to a point of intersection with
lands of Norfolk and Western Railway, all as shown on the
said Appraisal Map.
A portion of Westport Avenue, S.W., running east from
the eastern right-of-way of 20th Street, S.W. to an ima-
ginary line which is an extension (bearing approximately
S. 40° 25' 45" E.) of the northeast boundary of the
triangular parcel of land designated on Sheet Number 131
of the Appraisal Map of the City of Roanoke as parcel
number 1310901, said line running from the southeast
corner of parcel number 1310901 to an angle along the
northern boundary of parcel number 1311405, all as shown
on the said Appraisal Map.
be, and hereby are, permanently vacated, discontinued and closed,
and that all right and interest of the public in and to the same
be, and hereby is, released insofar as the Council of the City of
Roanoke is empowered so to do with respect to the closed portion
of the rights-of-way, reserving however, to the City of Roanoke
and any public utility, including, specifically, without limi-
tation, providers to or for the public of cable television,
- 2 -
electricity, natural gas or telephone service, an easement for
sewer and water mains, television cable, electric wires, gas
lines, telephone lines, and related facilities that may now be
located in or across said public rights-of-way, together with the
right of ingress and egress for the maintenance or replacement of
such lines, mains or utilities, such right to include the right
to remove, without the payment of compensation or damages of any
kind to the owner, any landscaping, fences, shrubbery, structure
or any other encroachments on or over the easement which impede
access for maintenance or replacement purposes at the time such
work is undertaken; such easement or easements to terminate upon
the later abandonment of use or permanent removal from the above-
described public rights-of-way of any such municipal installation
or other utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the closure of the above-described
right-of-way is conditioned upon applicant's providing to the City
an approved subdivision plat, combining all properties that would
be landlocked by the closure of the above-described portions of
20th Street and Westport Avenue, providing for all necessary
easements for utilities, both public and private, and properly
dividing the vacated rights-of-way, and in the event these con-
ditions have not been met and the said plat has not been recorded
in the Office of the Clerk of Circuit Court within one (1) year
from the effective date of this ordinance, this ordinance shall
become null and void with no further action by City Council being
necessary.
BE IT FURTHER ORDAINED that the City Engineer be, and he is,
directed to mark "permanently vacated" on said public rights-of-
- 3 -
way on all maps and plats on file in his office on which said
rights-of-way is shown, referring to the book and page or ordi-
nances and resolutions of the Council of the City of Roanoke,
Virginia, wherein this ordinance shall be spread.
BE IT FURTHER ORDAINED that the Clerk of the Council deliver
to the Clerk of the Circuit Court of the City of Roanoke,
Virginia, a certified copy of this ordinance for recordation in
the Deed Books of said Clerk's Office, indexing the same in the
name of the City of Roanoke, Virginia, as Grantor, and in the
name of Cox Cable Roanoke, Inc., and the names of any other par-
ties in interest who may so request, as Grantees.
ATTEST:
City Clerk.
- 4 -
RECEIVED
CITY CL
'9t JUL23 N0:33
Office of Community Planning
August 12, 1991
The Honorable Noel C. Taylor,
and Members o~ City Council
Roanoke, Virginia
Mayor
Dear Members of Council:
Subject:
Request from Joseph S. and Louis P. Ripley and
Daniel L. and Teresa L. Crandall for the
rezoning of two parcels of land lying on the
southwest corner of the intersection of 13th
Street and Cleveland Avenue, S.W., bearing
Official Tax No. 1220901 and 1220902, from RM-2,
Residential Multifamily, Medium Density
District, to C-l, Office District, such rezoning
to be subject to certain proffered conditions.
I. Background:
ae
Purpose of the requested rezoning is to bring the
existing office into conformance with current zoning
requirements and to provide a transitional land use
area between the commercial and residential uses in
the area.
Petition to rezone was filed on June 11, 1991.
~ollowing conditions were proffered by the
petitioner:
The
That the property will continue to operate and
be developed in substantial conformity with the
site plan prepared by Howard Harrison, dated
March 1990, a copy of which is attached to the
petition for rezoning as Exhibit B, subject to
any changes required by the City during
comprehensive site plan review.
That the existing and proposed use of the
property shall be professional offices.
That if the requested rezoning is approved, that
an application will be made to the Roanoke Board
of Zoning Appeals for a variance for relief of
Room 355 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 98~-2344
Members of Council
Page 2
the minimum 10 foot wide landscaping buffer area
requirement along the western property line
which adjoins a residentially zoned district.
e
That any exterior lighting for the required
off-street parking areas or the grounds of the
property shall not be installed as to illuminate
any adjoining residential areas.
Se
That the existing vegetation and fencing along
the western property line, adjoining the
residentially zoned district, shall be
maintained in accordance with Section
36.1-585(e) of the City Code.
Plannin~ Commission meeting was held on July 3, 1991.
Mr. Dan Crandall appeared before the Commission and
requested that two properties at the corner of 13th
Street and Cleveland be rezoned. He said that his
office was located on one of the lots and he was
trying to upgrade the area. Mr. Crandall said that
he had talked with the neighbors and that no one was
in opposition to the request. He further stated that
he had a letter from Bob Crawford, president of the
Mountain View Neighborhood Alliance, which registered
no objection to the request. Mr. Crandall presented
photographs of his property as well as photos of
adjoining properties. Mr. Crandall said he would be
submitting an amended petition in compliance with the
code relative to the buffer area. He said he felt
his use was a nice transition from some of the other
uses in the area.
Mr. Marlles gave the staff report which recommended
approval of the request. He said that it would place
the current non-conforming use in compliance with the
zoning district. He said that staff felt the
proposed use would provide a suitable buffer between
the intensive commercial uses across the street and
the multifamily structures.
Mr. Sowers commented that he was very pleased to see
the upgrading of the area and hoped it would
continue.
There was no further discussion on the matter before
the Commission took action on the rezoning request.
First amended petition to rezone was filed on July
12, 1991. The following conditions were proffered by
the petitioner:
FIRST AMENDED PETITION
IN THE COUNTY OF THE CITY OF ROANOKE, VIRGINIA
Rezoning of two parcels of land lying on the southwest corner of
the intersection of 13th Street and Cleveland Avenue, S.W.,
bearing Official Tax Numbers 1220901 and 1220902 from RM-2,
Residential Multifamily, Medium Density District to C-i, Office
District, such rezoning to be subject to certain proffered
conditions.
TO THE HONORABLE ~kYOR ~ I~BEI~ OF THE COUNCIL OF THE CITY OF
ROANOKE*
The Petitioners, Joseph S. and Louis P. Ripley, and
Daniel L. and Teresa L. Crandall, own land in the City of Roanoke
containing .77 acres, more or less, bearing Official Tax Numbers
1220901-and 1220902, located at the southwest corner of the
intersection of 13th Street and Cleveland Avenue, S.W. Said
parcels are currently zoned RM-2. Residential Multifamily,
Medium Density District. A map of the property to be rezoned is
attached as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of
Roanoke (1979), as amended, the Petitioners request that the
herein described property be rezoned from RM-2, Residential
Multifamily, Medium Density District, to C-l, Office District,
subject to certain conditions as set forth below, for the purpose
of continuing the use as professional offices.
The Petitioners believe the rezoning of the said
parcels of land will further the intent and purposes of the
City's Zoning Ordinance and its comprehensive plan, in that the
rezoning will take a legal nonconforming use and place it within
a conforming zoning district classification and it will provide a
transitional land use area between the commercial and residential
uses in the area.
The Petitioners hereby proffer and agree that if the
said parcels of land are rezoned as requested, that the rezoning
will be subject to, and the Petitioners will abide by, the
following conditions:
That the property will continue to operate
and be developed in substantial conformity
with the site plan prepared by Howard
Harrison, dated March, 1990, a copy of
which is attached to the petition for
rezoning as Exhibit B, subject to any
changes required by the City during compre-
Daniel L. Crandall
LAW OFFICES OF DAI~IEI~L. CRAI~DALL,
811-13th Street, S.W.
Roanoke, Virginia 24016
(703) 342-2000
tlt~oner
Loui~ P. R£~ey/
?et~ione~
~an~el ~.~'Cranda~l
ioner
L. Crandall
Petitioner
Exhibit "A"
f
Exhibit "A"
~xhH~t 'B'
IP
ui
3TM $'FR~F..T sw
SITE rtAtl FOR
L/NW OF'F'I( ,f-_%
'\
NAME
Fred T. Yates
Samuel E. Brooks
Leigh Bartin
William J. Heckert
Michael E. Levan &
David S. Moeller
J. Robert Wingo &
Jean Copley
Irene S. Long
Joe Bandy & Son
EXHIBIT
ADDI~ESS
737 - 13th Street,
Roanoke, Virginia
24016
SeWe
2832 Cumberland Street
Roanoke, Virginia
24012
P.O. Box 260
Daleville, Virginia
24083
611 Elm Avenue, S.W.
Roanoke, Virginia
24016
P.O. Box 1402
Roanoke, Virginia
24007
P.O. Box 13505
Roanoke, Virginia
24034
725 - 13th Street,
Roanoke, Virginia
24016
P.O. Box 4061
Roanoke, Virginia
24015
ID NUMBER
1220421
1220803
1221001
1221002
1221003
1221004
1220903
1220904
1220422
1220907
LOCATION
~, ')~
,
8 ~ 7 i G ,$ "t- Z
-- I~IIOPOSI..'I) ~
IIEZONING
RECEIVED
CITY CL,:RKS {'~FFiCE
'91 ,U. 23 R10:33
Office of Community
August 12, 1991
The Honorable Noel C. Taylor,
and Members of City Council
Roanoke, Virginia
Mayor
Dear Members of Council:
Subject:
Request from Cox Cable Roanoke, Inc., a Virginia
Corporation, represented by Robert E. Glenn,
Esq., to have a portion of 20th Street, S.W. and
a portion of Westport Avenue, S.W., in the City
of Roanoke, permanently vacated, discontinued
and closed.
I. Background:
Portion of 20th Street, S.W., requested for closure
is part of a segment of 20th Street that extends in a
northerly direction from Salem Avenue, S.W. for a
distance of approximately 480 feet. Street
right-of-way is 50' wide.
Portion of 20th Street as requested for closure
begins at the northerly boundary of a 12' alley and
extends in a northerly direction for approximately
320 feet. Area of requested closure is approximately
16,000 square feet.
Portion of Westport Avenue requested for closure
extends from the easterly boundary of the above-
mentioned 20th Street, S.W., in an easterly direction
for a distance of approximately 170 feet. Street
right-of-way is 50' wide. Area of requested closure
is approximately 8,500 square feet.
Owners of properties abutting the streets requested
for closure (see attached Map A) are as follows:
Tax Parcels
Tax Parcel 1310901
Tax Parcel 1311308
Tax Parcel 1311409
Parcel abutting the
westerly side of closure
area of 20th Street
1311401-1311405 - Cox Cable Roanoke, Inc. - Cox Cable Roanoke, Inc.
- H & S Construction
- Auto. Paint & Supply
- N & W Railway
Room 355 Municipal Building 215 Church Avenue, S,W. Roanoke, Virginia 24011 (703) 981-2344
Members of the Commission
Page 2
Sections of street requested for closure are both
undeveloped or "paper" streets.
II. Current Situation:
III.
Application requesting closure of the subject street
portions was received by the Planning Commission on
July 3, 1991.
20th Street is paved from its intersection with Salem
Avenue to an intersection with a 12' alley.
Remainder of 20th Street (area requested for closure)
is undeveloped.
Application states that the applicant desires to use
the land within the street right-of-way as part of
its cablevision operation.
Issues:
Neighborhood impact: Closure would have no effect on
the immediate business community.
Traffic impact: Closure should have no effect on
traffic or traffic needs in the immediate area.
Utilities within the public ri~ht-of-way: City has a
sewer line within the right-of-way of Westport
Avenue. City has received correspondence from
Appalachian Power Company advising that they have
facilities in that portion of Westport Avenue and
20th Street, S.W. proposed to be closed.
Land use: Closure, as requested, will leave four (4)
parcels of land (tax nos. 1311401 through 1311404)
landlocked without required street frontage. City's
subdivision ordinance prohibits the creation of
landlocked parcels.
Relationship to the comprehensive plan: Request is
consistent with the intent of the comprehensive plan
that available land be used in the most appropriate
manner.
IV. Recommendation:
Planning Commission, by a vote of 6-0 (Mr. Price absent)
recommends to City Council that the applicant's request to
close and permanently vacate the subject portions of 20th
Street and Westport Avenue, S.W., be approved, subject to
the following conditions:
Members of the Commission
Page 3
That the applicant agrees to submit to the City for
review, approval and recordation, a plat of
subdivision providing for the combination of all lots
that would otherwise be left landlocked, all
necessary easements and the proper division of the
vacated rights-of-way.
That if the above-cited subdivision plat is not
submitted and recorded within a period of twelve (12)
months from the date of any ordinance providing for
closure, then said ordinance shall become null and
void with no further action by City Council being
necessary.
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
JRM:ERT:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner
Attorney for the Petitioner
MARY F. PARKER
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S W,Room456
Roanoke. Vlrgmla 24011
Telephone: (703) 981-2541
June 12, 1991
SANORA H, EAKIN
Deputy C~:y Clerk
File #514
Mr. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear qr. Price:
Pursuant to §30-14, Procedure for altering or vacating City
streets or alleys; fees therefor, of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of an application
from Mr. Robert E. Glenn, Attorney, representing Cox Cable
Roanoke, Inc., requesting that a portion of 20th Street and
Westport Avenue, S. W., identified as Official Tax Nos. 1310901
and 1311405, respectively, be permanently vacated, discontinued
and closed.
~ary F. Parker, CMC/AAE
City Clerk
MFP:ra
ST.CLOSE2
Enc .
pc: Mr. Robert E. Glenn, Attorney, P. O. Box 2857,
rrginia 24001
, John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald H. ~iller, Zoning Administrator
Mr. Edward R. Tucker, City Planner
Mr. Steven J. Talevi, Assistant City Attorney
Roanoke,
*Received in the Office of the
City Clerk, June 6, 1991
11:21 a.m.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
.Application of Cox Cable
Roanoke, Inc. for vacation of
portion of 20th Street, S.W.
and a portion of Westport
Avenue, S.W.
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING
OF STREETS
MEMBERS OF COUNCIL:
Cox Cable Roanoke, Inc., a Virginia Corporation,
applies to have a portion of 20th Street, S.W. and a portion
of Westport Avenue, S.W., in the City of Roanoke, Virginia,
permanently vacated, discontinued and closed, pursuant to
Virginia Code Section 15.1-364 and Section 30-14, Code of
the City of Roanoke (1979), as amended. The streets are
more particularly described on the map attached hereto and
as follows:
A portion of 20th Street, S.W., running north
from an imaginary line connecting the northern
boundary of an alleyway designated "W.E. 40 R.V.,"
with the northern boundary of an alleyway
designated "W.E. 32 R.V.," all as shown on Sheet
Number 131 of the Appraisal Map of the City of
Roanoke t__o an imaginary line which is an
extension (bearing approximately N. 40° 25' 45"
W.) of the northeast boundary of the triangular
parcel of land designated on the said Appraisal
Map as parcel number 1310901, said line running
from the northeast corner of parcel number 1310901
to a point of intersection with lands of Norfolk
and Western Railway, all as shown on the said
Appraisal Map.
A portion of Westport Avenue, S.W., running east
from the eastern right-of-way of 20th Street,
S.W. t__qo an imaginary line which is an extension
(bearing approximately S. 40° 25' 45" E.) of the
northeast boundary of the triangular parcel of
land designated on Sheet Number 131 of the
Appraisal Map of the City of Roanoke as parcel
number 1310901, said line running from the
southeast corner of parcel number 1310901 to an
angle along the northern boundary of parcel number
1311405, all as shown on the said Appraisal Map.
Cox Cable Roanoke, Inc. states that the grounds for
this application are as follows:
1) All abutting land owners whose property adjoins the
property to be vacated have been notified. Your petitioner
is not aware of any objection to this application.
2) The property to be vacated is presently not being
used. The streets marked on the map were never built.
3) The applicant desires to use the property to be
vacated as part of its cablevision operation. Because of
that intended useage, the applicant requests that any
cul-de-sac requirement be waived.
WHEREFORE, Cox Cable Roanoke, Inc., a Virginia
corporation, respectfully requests that the above described
streets be vacated by the Council of the City of Roanoke,
Virginia, in accordance with Virginia Code Section 15.1-364
and Section 30-14, Code of the City of Roanoke (1979), as
amended.
Respectfully submitted,
COX CABLE ROANOKE, INC.
of counsel
Date
Robert E. Glenn, Esq.
Maryellen F. Goodlatte, Esq.
Glenn, Flippin, Feldmann
& Darby
200 First Campbell Square
P. O. Box 2887
Roanoke, Virginia 24011
Counsel for petitioner
ABUTTING PROPERTY OWNERS OF
20TH STREET AND WESTPORT AVENUE
Tax Map No.
1311308 and
Owner
H & S Construction
P. O. Box 6226
Roanoke, Virginia 24017
1311316
H & S Construction
P. O. Box 6226
Roanoke, Virginia 24017
1311409
Automotive Paint & Supply
1930 Salem Avenue
Roanoke, Virginia 24016
Norfolk & Southern Corporation
185 Spring Street
Box 172
Atlanta, Georgia 30303
1311401
Cox Cable Roanoke, Inc.
1909 Salem Avenue
Roanoke, Virginia 24016
(Petitioner)
1310901
Cox Cable Roanoke, Inc.
1909 Salem Avenue
Roanoke, Virginia 24016
(Petitioner)
LOCATION
III
l1
il
ii1~'
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 456
Roa,noke, V~rg~n~a 24011
Telephone: (703) g81-2541
July 22, 1991
File #514
SANDRA H. EAKIN
Deputy C~zy Clerk
Mr. Robert E. Glenn
Attorney
P. O. Box 2887
Roanoke, Virginia 24001
Dear Mr. Glenn:
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, Cox Cable Roanoke, Inc., that a portion of
20th Street and Westport Avenue, S. W., be permanently vacated,
discontinued and closed.
Pursuant to Resolution No. 25523 adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, April 6, 1981, a
Public hearing on the abovedescribed request has been set for
Monday, August 12, 1991, at 7:30 p.m., in the City Council Chamber,
fourth floor of the Municipal Building, 215 Church Avenue,
S. W.
For your information, I am enclosing copy of a notice of the public
hearing and an Ordinance providing for the closure, which notice
and Ordinance were prepared by the City Attorney's Office. Please
review the Ordinance and if you have questions, you may contact Mr.
Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions
with regard to the City Planning Commission report should be
directed to Mr. John R. Marlles, Chief of Community Planning, at
981-2344.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
PUBLIC2
Enc.
Mr. Robert E. Glenn
July 22, 1991
Page 2
pc:
H & S Construction Company, P.
24017
Automotive Paint and Supply,
Roanoke, Virginia 24016
Norfolk Southern Corporation,
Roanoke, Virginia 24016
Norfolk Southern Corporation,
Atlanta, Georgia 30303
O. Box 6226, Roanoke, Virginia
1930 Salem Avenue, S. W.,
Eight North Jefferson Street,
185 Spring Street, Box 172,
Roanoke Valley Cablevision, c/o Cox Cable Communication, P. O.
Box 105350, Atlanta, Georgia 30348
Cox Cable Roanoke, Inc., 1909 Salem Avenue, S. W., Roanoke,
Virginia 24016
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
The Honorable Jerome S. Howard, Jr., Commissioner of Revenue
Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Enginner
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Edward R. Tucker, City Planner
Ms. Doris Layne, Office of Real Estate Valuation
~0 NUMBER - 72~0827.~
PUBLISHER'S FEE - ~92.DD
RECE YED
CITY -Tr~<~
GLENN~FLIPPIN FELOMA~N
DAR~Y
315 SHENANDOAH bL~G
P ~ ~OX 2887
ROANOKE VA 24001
~1 R~ 12 P2:04
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF PUBLICATION
I, ~THE UNOERSIbNED~ AN AUTHORIZED
REPRESENTATIVE OF THE TIMEs-woRLD COR-
PORATION~ WHICH CORPORATION IS PUBLISHER
OF THE ROANOKE TI~ES & ~ORLD-NEmS~ A
DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN
THE STATE OF VIRGINIA, DO CERTIFY THAT
THE ANNEXED NOTICE WAS PbbLISHED IN SAID
NEWSPAPERS ON THE FOLLOwiNG DATES
07/26/91 MORNING & EVENING
08/02/91 MORNING & EVENING
WITNESS, THIS 5TH DAY OF AUGUST 1991
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Rearing
on Monday, August 12, 1991, at 7:30 p.m. or as soon thereafter as
the matter may be heard, in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., on an application to per-
manently abandon, vacate, discontinue and close the following
public right-of-way:
A portion of 20th Street, S.W., and a portion of
Westport Avenue, S.W.
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. All
parties in interest and citizens may appear on the above date and
be heard on the question.
GIVEN under my hand this 24th day of July , 19 91
Mary F. Parker, City Clerk.
Please publish in full twice in the Roanoke Times & World News, Morning Edition,
once on Friday, July 26, 1991, and once on Friday, August 2, 1991.
Please send publisher's affidavit to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Please bill to:
Mr. Robert E. Glenn, Attorney
P. O. Box 2887
Roanoke, Virginia 24001
MARY F. PARKER
City Oerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
2~SChurchAvenue. S W,Room456
Roanoke, Virglma 24011
Telephone: (703) 9B1-254~
June 12, 1991
SANDRA H. EAKIN
Deputy C~ty Clerk
File #514
Mr. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to §30-14, Procedure for altering or vacating City
streets or alleys; fees therefor, of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of an application
from Mr. Robert E. Glenn, Attorney, representing Cox Cable
Roanoke, Inc., requesting that a portion of 20th Street and
Westport Avenue, S. W., identified as Official Tax Nos. 1310901
and 1311405, respectively, be permanently vacated, discontinued
and closed.
~ary F. Parker, CMC/AAE
City Clerk
MFP:ra
ST.CLOSE2
Enc.
pc: Mr. Robert E. Glenn, Attorney, P. O. Box 2887,
Virginia 24001
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Edward R. Tucker, City Planner
Mr. Steven J. Talevi, Assistant City Attorney
Roanoke,
RECEIYEO
L~ o,~-~c,~s CiTY CLEF; ~S ~ ',' ~CE
OLENN, FLIPPIN, ~ELDMANN & DARBY
POST OFFICE BOX 2887
June 6, 1991
HAND DELIVERED
Ms. Mary F. Parker
Roanoke City Clerk
215 Church Avenue
Roanoke, Virginia 24011
Re:
Dear Ms.
Proposal to vacate 20th Street,
Avenue, S.W., Roanoke, Virginia
Parker:
S.W. and Wesport
Enclosed please find the following in connection with
the application for vacating the above referenced streets:
1. Original and one copy of application;
2. A list of names and addresses of all property
owners affected by proposed street closings.
3. This firm's check in the amount of $300.00
City Clerk for filing of
made payable to the
application; and
4. A map showing the streets to be vacated.
We would appreciate your forwarding this request onto
the Secretary of the Planning Commission for placement on
the agenda for the July 3 meeting.
Thank you for your assistance in this matter.
Very truly yours,
Maryellen F. Goodlatte
tlh:0061002
Enclosures
cc: Mr. Ted Tucker w/enc.
Cox Cable Roanoke, Inc. w/enc.
RECEIVED
CITY CLE~!f$ 0~FiCE
TO T~ CI?Z C~RK OF T~ CI~'~Z OF RO~NO~E~ VIRGINIA
P RTAINI G TO 8:23
Request from Cox Cable Roanoke, Inc., a Virginia )
Corporation, represented by Robert E. Glenn, Esq., )
to have a portion of 20th Street, S.W and a portion )AFFIDAVIT
of Westport Avenue, S.W., in the City of Roanoke, )
permanently vacated, discontinued and closed. )
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 of June, 1991, notices of a pu~blic hearing to be held
on the 3rd day of July, 1991, on the street closure captioned above to
the owner or agent of the parcels listed below at their last known
address:
PARCEL
OWNER~ AGENT OR OCCUPANT
ADDRESS
1311308 H & S Construction P.O. Box 6226
1311316 Roanoke, VA 24017
Automotive Paint and Supply
1311409
1930 Salem Avenue
Roanoke, VA 24016
Norfolk Southern Corporation
8 N. Jefferson Street
Roanoke, VA 24016
Norfolk Southern Corporation
185 Spring Street
Box 172
Atlanta, VA 30303
1311401 Roanoke Valley Cablevison P.O. Box 105350
1310901 c/o Cox Cable Communciation Atlanta, VA 30348
Cox Cable Roanoke, Inc. 1909 Salem Avenue
Roanoke, VA 24016
~ Martha Pace Franklin
SUBSCRIBED AND SWORI~ to before me, a Notary Public, in the City
Roanoke, Virginia, this 24th day of May, 1991.
Notary Public
My Commission Expires:
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
SANDRA H. EAKIN
Deputy City Clerk
File #514
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30647-82691 authorizing the temporary closure
by barricade of Maitland Avenue, N. W., between Williamson Road 'and Woodbury
Street. Ordinance No. 30647-82691 was adopted by the Council of the City of
Roanoke on first reading on Monday, August 12, 1991, also adopted by the Council
on second reading on Monday, August 26, 1991, and will take effect ten days
following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Ene.
pc:
Sovran Bank, 302 South Jefferson Street, Roanoke, Virginia 24011
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
The Honorable Jerome S. Howard, Jr., Commissioner of Revenue
Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Edward R. Tucker, City Planner
Ms. Doris rayne, Office of Real Estate Valuation
MARY F. p.~.RKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #514
SANDI{A H. EAKIN
Deputy City Clerk
The Honorable Dale A. Hendrick
Clerk of the Circuit Court
Roanoke, Virginia
Dear Mr. Hendrick:
I am attaching copy of Ordinance No. 30647-82691, for proper recordation in your
office, which provides for the temporary closure by barricade of Maitland Avenue,
N. W., between Williamson Road and Woodbury Street. Ordinance No. 30647-82691
was adopted by the Council of the City of Roanoke on first reading on Monday,
August 12, 1991, also adopted by the Council on second reading on Monday, August
26, 1991, and will take effect ten days following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Eno o
pc: Mr. W. Robert Herbert, City Manager
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 26th Day of August, 1991.
No. 30647-82691.
VIRGINIA,
AN ORDINANCE authorizing the temporary closure by barricade
of a certain public right-of-way in the City of Roanoke,
Virginia, as is more particularly described hereinafter.
WHEREAS, an application to the Council of the City of
Roanoke, Virginia, in accordance with law, requesting the Council
to temporarily close by barricade the public right-of-way
described hereinafter, has been filed; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by ~30-14, Code of the
City of Roanoke (1979), as amended, and after having conducted 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 on August 12, 1991, after due and timely notice
thereof as required by §30-14, Code of the City of Roanoke
(1979), as amended, at which hearing all parties in interest and
citizens were afforded an opportunity to be heard on said appli-
cation; and
WHEREAS, it appearing from the foregoing that the land
proprietors affected by the requested temporary closing of the
subject public right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers
that no inconvenience will result to any individual or to the
public from temporarily closing said public right-of-way, and
that such closing will promote the safety and welfare of those
using rights-of-way in the vicinity of the right-of-way to be
temporarily closed.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke, that the public right-of-way situate in the City of
Roanoke, Virginia, and more particularly described as follows:
That certain portion of Maitland Avenue, N.W., between
Williamson Road and Woodbury Street, N.W.
be, and it hereby is, temporarily closed to through traffic,
barricade as described in said Petition, for a period of six
months,
said
by
(6)
said period to commence from the date of installation of
barricade.
ATTEST:
City Clerk.
RECEIVE?,.~.
CITY CLERKS !;~, iCE
Roanoke City Planning Commission
The Honorable Noel C, Taylor,
and Members of City Council
Roanoke, Virginia
Mayor
August 12, 1991
Dear Members of Council:
Subject:
Application of the City of Roanoke to alter by
closure with barricades, on a temporary basis,
Maitland Avenue, NW between Williamson Road and
Woodbury Street.
I. Background:
ae
Maitland Avenue is located in the northwest quadrant
of the City in the Williamson Road community,
Maitland Avenue extends in a northeasterly direction
from its intersection with Airport Road approximately
760 feet, it then terminates at its intersection with
Williams Road.
Traffic enqineerinq has received a petition signed by
48 residents and 2 businesses located near the
subject intersection. Traffic safety is cited as a
major concern.
Ce
Portion of Maitland Avenu~ requested for closure is
located between Woodbury Avenue and its eastern
terminus with Williamson Road. Subject portion is
approximately 65 feet in length.
Sovran Bank owns the abutting property north of the
subject closure the small "wedge" south of the
proposed closure is owned by the City of Roanoke and
is part of the Williamson Road right-of-way.
II. Current Situation:
ae
The application was received May 24, 1991. A public
hearing before the Planning Commission was held on
July 3, 1991.
Residents of Woodbury Avenue and Hearthstone Road as
well as two businesses, Sovran Bank and Monticello
Room 355 Municipal Building 215 Church Avenue S.W Roanoke, Virginia 24011 (700) 981-2344
Members of Council
Page 2
Manor have complained to the City of the limited
visibility that Woodbury Street motorists have on
vehicles turning from southbound Williamson Road to
westbound Maitland Avenue. The sight clearance
problem is caused by the topography.
City Traffic Engineer reports that traffic volume on
Maitland Avenue is approximately 2,400 vehicles per
day and primarily consists of through traffic between
Williamson Road and Airport Road. Traffic volume on
Woodbury street consists of trips generated from its
29 homes and from the exit of Sovran Bank.
City Traffic Engineer requests that the closure by
barricade of Maitland Avenue between Woodbury and
Williamson Road be implemented on a six month trial
basis. Traffic volume is not expected to decrease,
but the intersection should be made safer. If
successful, the City would make application after the
six month period to permanently close this segment of
Maitland by removal of pavement.
Implementation of the proposed closure would result
in southbound traffic on Williamson Road having to
travel less than 100 feet to turn onto Woodbury
Street.
III. Issues:
A. Public safety.
B. Fire, police, emergency and public services.
C. Inconvenience to traffic.
D. Costs.
IV. Alternatives:
City Council recommendation of approval of request
for closure with barricading of Maitland Avenue
between Woodbury and Williamson Road for a trial
period of six months with said date to commence from
the date of installation of the proposed barricade.
1. Public Safety:
Se
Barricade placed on Maitland at Woodbury
would force traffic on Maitland to either
turn left or right on Woodbury.
b. Barricade placed on Maitland at Williamson
Road would force southbound traffic on
Members of Council
Page 3
Bo
City
1.
e
williamson Road to travel less than 100
feet to turn onto Woodbury Street.
Ce
Sight clearance problem Woodbury motorists
have of vehicles turning from southbound
Williamson Road to westbound Maitland
Avenue would be eliminated.
Fire, police, emergency and public services:
Fire department officials state that the
proposed closure would not effect fire
department operations.
No comments were received from police,
emergency or public services.
Inconvenience to traffic:
Closure by barricade of the subject area
will not create a dead-end street. It will
result in a change in the traffic pattern
which will necessitate proper signage of
the subject area. This will be coordinated
through the traffic engineer's office.
Implementation of the proposed closure
would result in southbound traffic on
Williamson Road which formerly turned onto
Maitland Avenue now having to travel less
than 100 feet to turn onto Woodbury Street.
Inconvenience to area traffic should be
minimal.
Costs of installation would be borne by the
Street Maintenance department as part of their
regular operating budget. The department would
install needed barricades and with the
coordination of the Traffic Engineer, the
necessary traffic signs.
Council denial of the request.
Public Safety issue would not be addressed.
Concerns of 48 residents and 2 businesses in the
subject area would not be met.
Fire, police, emergency and public services
access would not be an issue.
Inconvenience to traffic would not be an issue.
Costs would not be an issue.
Members of Council
Page 4
IV. Recommendation:
By a vote of 6-0 (Mr. Price, absent) the Planning
Commission recommends approval of alternative A thereby
authorizing the City Manager to alter by closure with
barricade of Maitland Avenue between Williamson Road and
Woodbury Street, closure to remain in effect for a trial
period of six months commencing at the date of
installation of the proposed barricades.
The above recommendation is based on the following
conclusions:
Public safety issues raised by local residents and
documented by City staff warrant deliberate and
serious consideration.
Closure on a temporary basis will provide an
opportunity to determine positive and/or negative
effects of the closure.
If the barricades are proved to be effective in
eliminating the sight clearance problem of motorists
on Woodbury and no negative affects on traffic or the
immediate community are recognized, a new application
will be filed prior to the expiration of the six
month trial period requesting that the closure be
made effective on a permanent basis. Pavement can
then be removed and the intersection at Maitland
Avenue and Williamson Road eliminated.
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
JRM:HPD:avs
attachments
cc: City Manager
Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $ W, Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
May 24, 1991
SANDRA H. EAKIN
Deputy O:y Clerk
File #514
Mr. Charles A. Price, Jr.,
City Planning Commission
Roanoke, Virginia
Chairman
Dear Mr. Price:
Pursuant to §30-14, Procedure for altering or vacating City
streets or alleys; fees therefor, of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of an application
from the City of Roanoke represented by Mr. W. Robert Herbert,
City Manager, that Maitland Avenue, N. W., between Williamson
Road and Woodbury Street, be altered by closure with barricades
on a temporary basis.
Sincer~elY'
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
ST.CLOSE1
Eric .
pc: Mr. W. Robert Herbert, City Manager
jr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald R. Miller, Zoning Administrator
Mr. Edward R. Tucker, City Planner
Mr. Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE~>VIRGINIA
IN RE:
Application of the City of Roanoke )
to alter by closure with barricades, )
on a temporary basis, Maitland )
Avenue, N.W., between Williamson )
Road and Woodbury Street, pursuant )
to Section 30-14 of the Code of the )
City of Roanoke (1979), as amended· )
APPLICATION FOR
ALTERING AND CLOSING
A PUBLIC STREET
TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL:
The City of Roanoke applies herewith, as authorized and pro-
vided for by Motion adopted by Council on February 25, 1991, to
alter by closure with barricades, on a temporary basis, Maitland
Avenue, N.W., between Williamson Road and Woodbury Street, N.W.,
pursuant to Section 30-14, of the Code of the City of Roanoke
(1979), as amended.
The City of Roanoke, Virginia, states that the grounds for
this application are as follows: ~
Traffic safety is a concern at this location due to
limited visibility which motorists on Woodbury Avenue
have of vehicles turning from southbound Williamson Road
to westbound Maitland Avenue. The limited visibility is
caused by topography.
Residents support the closure of the above-described por-
tion of Maitland Avenue.
Proposed barricade, if permitted, will remain erected for
six (6) months on a trial basis. If trial period is con-
sidered successful, City will apply to close, permanent-
ly, the above-described segment of Maitland Avenue by
permanent removal of pavement.
City Council has previously reviewed this matter and
adopted a motion on February 25, 1991, to authorize the
City Manager to file all necessary applications to alter
by closure with barricades, on a temporary basis,
Maitland Avenue, N.W., between W~lliamson Road and
Woodbury Street, N.W., for a trial period of six (6)
months.
The motion adopted February 25, 1991, provided that a
study be made during the trial period of closure, to
determine the overall impact of the closure on the com-
munity and further provided that if said closure
thereafter, is deemed to be in the best interest of
public health and safety, that proper application be made
to City Council to alter and close said portion of Mait-
land Avenue, N.W., on a permanent basis.
In consideration of the validity of the concerns
expressed by the residents of the community, and in
further consideration of the afore-mentioned provision
that the overall impact of said closure is to be eva-
luated and determined during the six (6) month trial
period closure, the petitioner therefore now requests
that the subject street be temporarily altered by closure
as described.
WHEREFORE, the City of Roanoke, Virginia, respectfully
requests that the above-described portion of Maitland Avenue,
N.W., be altered by closure with barricades, on a temporary basis,
between Williamson Road and Woodbury Street, N.W., for a trial
period of six (6) months with said date of closure by barricade to
commence from the date of installatio~of the proposed barricade.
Respectfully submitted,
W. Robert Herbert, City Manager
- 9.
ClT
ROA
LOCATION
MARY F. PARKER
C;ty Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W,Room456
Roanoke V~rglma 240tl
Telephone: (703)981-2541
July 22, 1991
File #514
SANDRA H. EAKIN
Deputy C~:y Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of a report of the City Planning Commission
recommending that the Council of the City of Roanoke grant the
request of the City of Roanoke that Maitland Avenue, N. W., between
Williamson Road and Woodbury Street, be altered by closure with
barricades on a temporary basis.
Pursuant to Resolution No. 25523 adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, April 6, 1981, a
public hearing on the abovedescribed request has been set for
Monday, August 12, 1991, at 7:30 p.m., in the City Council Chamber,
fourth floor of the Municipal Building, 215 Church Avenue, S. W.
For your information, I am enclosing copy of a notice of the public
hearing and an Ordinance providing for the closure, which notice
and Ordinance were prepared by the City Attorney's Office. Please
review the Ordinance and if you have questions, you may contact Mr.
Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions
with regard to the City Planning Commission report should be
directed to Mr. John R. Marlles, Chief of Community Planning, at
981-2344.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
PUBLIC1
Enc.
pc: Sovran Bank, 302 South Jefferson Street, Roanoke, Virginia · 24011
Mr. W. Robert Herbert
July 22, 1991
Page 2
pc:
Mr. Wllburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
The Honorable Jerome S. Howard, Jr., Commissioner of Revenue
Ms. Nadine C. Mlnnix, Acting Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Klser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Edward R. Tucker, City Planner
Ms. Doris Layne, Office of Real Estate Valuation
~CAN0~E TI~E$ & ~CRL~-NE~S
St) NUMBER 72411773
PUBLISHER'S FEE - $85,10
CITY OF ROANOKE
C/O MARY F PARKER
CITY CLERKS OFFICE
ROOM ~56 MUNICIPAL ~LDG
ROANOKE VA 2~OI1
RECEIVED
CITY ClErKS
'~1 A~
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF PUBLICATION
I, (THE UNDERSIGNED) AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-~ORLO COR-
PORATION, wHICH CORPORATION IS PUbLIShER
OF THE ROANOKE TIMES C WORLD-NEWS, A
DAILY NEWSPAPER PU~LISHEC IN ROANOKE9 IN
THE STATE OF VIRGINIA, DO CERTIFY THAT
THE ANNEXEO NOTICE ~AS PUBLISHED IN SAID
NEWSPAPERS ON THE FOLLO.IN~ DATES
07/20/91 MORNING & EVENING
08/02/91 MORNING & EVENING
WITNESS, THIS_ 51H DAY OF AUGUST J991
AUTHORIZED SIGNATURE
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing
on Monday, August 12, 1991, at 7:30 p.m., or as soon after as the
matter may be heard, in the Council Chamber in the Municipal
Building, 4th Floor, 215 Church Avenue, S. W., on a proposal to
alter by closure with barricades, on a temporary basis, Maitland
Avenue, N.W., between Williamson Road and Woodbury Street, N.W.
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. All
parties in interest may appear on the above date and be heard on
the question.
GIVEN under my hand this
24th day of July
, 1991.
Mary F. Parker, City Clerk
Please publish in full twice in the Roanoke Times & World News, Morning Edition,
once on Friday, July 26, 1991, and once on Friday, August 2, 1991.
Please send publisher's affidavit and bill to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W ,Room 456
Roanoke, Virg~ma 24011
Tetephone: (?03) 981-2541
May 24, 1991
SANDRA H. EAKIN
Deputy C~:y Clerk
File #514
Mr. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to §30-14, Procedure for altering or vacating City
streets or alleys; fees therefor, of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of an application
from the City of Roanoke represented by Mr. W. Robert Herbert,
City Manager, that Maitland Avenue, N. W., between Williamson
Road and Woodbury Street, be altered by closure with barricades
om a temporary basis.
Sincer~elY' .
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
ST.CLOSE1
pc: Mr. W. Robert Herbert, City Manager
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Edward R. Tucker, City Planner
Mr. Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
IN RE:
Application of the City of Roanoke )
to alter by closure with barricades, )
on a temporary basis, Maitland )
Avenue, N.W., between Williamson )
Road and Woodbury Street, pursuant )
to Section 30-14 of the Code of the )
City of Roanoke (1979), as amended. )
APPLICATION FOR
ALTERING AND CLOSING
A PUBLIC STREET
TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL:
The City of Roanoke applies herewith, as authorized and pro-
vided for by Motion adopted by Council on February 25, 1991, to
alter by closure with barricades, on a temporary basis, Maitland
Avenue, N.W., between Williamson Road and Woodbury Street, N.W.,
pursuant to Section 30-14, of the Code of the City of Roanoke
(1979), as amended.
The City of Roanoke, Virginia, states that the grounds for
this application are as follows:
Traffic safety is a concern at this location due to
limited visibility which motorists on Woodbury Avenue
have of vehicles turning from southbound Williamson Road
to westbound Maitland Avenue. The limited visibility is
caused by topography.
2e
Residents support the closure of the above-described por-
tion of Maitland Avenue.
e
Proposed barricade, if permitted, will remain erected for
six (6) months on a trial basis. If trial period is con-
sidered successful, City will apply to close, permanent-
ly, the above-described segment of Maitland Avenue by
permanent removal of pavement.
City Council has previously reviewed this matter and
adopted a motion on February 25, 1991, to authorize the
City Manager to file all necessary applications to alter
by closure with barricades, on a temporary basis,
Maitland Avenue, N.W., between Williamson Road and
Woodbury Street, N.W., for a trial period of six (6)
months.
e
The motion adopted February 25, 1991, provided that a
study be made during the trial period of closure, to
determine the overall impact of the closure on the com-
munity and further provided that if said closure
thereafter, is deemed to be in the best interest of
public health and safety, that proper application be made
to City Council to alter and close said portion of Mait-
land Avenue, N.W., on a permanent basis.
In consideration of the validity of the concerns
expressed by the residents of the community, and in
further consideration of the afore-mentioned provision
that the overall impact of said closure is to be eva-
luated and determined during the six (6) month trial
period closure, the petitioner therefore now requests
that the subject street be temporarily altered by closure
as described.
WHEREFORE, the City of Roanoke, Virginia,
requests that the above-described portion of
N.W., be altered by closure with barricades,
between Williamson Road and Woodbury Street,
respectfully
Maitland Avenue,
on a temporary basis,
N.W., for a trial
period of
commence from the
six (6) months with said date of closure by barricade to
date of installation of the proposed barricade.
Respectfully submitted,
W. Robert Herbert, City Manager
Date
- 2 -
RECEIVED
CITY CLERKS OFFICE
,J1.t126 A8 3
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE STREET CLOSURE REQUEST OF:
Request from the City of Roanoke to alter by closure )
with barricades, on a temporary basis, Maitland Avenue) AFFIDAVIT
N.W., between Williamson Road and Woodbury Street N.W.)
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 of June, 1991, notices of a public hearing to be held
on the 3rd day of July, 1991, on the street closure captioned above to
the owner or agent of the parcels listed below at their last known
address:
PARCEL OWNERt AGENT OR OCCUPANT ADDRESS
2190301
Sovran Bank 302 S. Jefferson St.
Roanoke, VA 24011
~ Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 24th day of May, 1991.
Notary Public'
My Commission Expires:
MARY F. PARKER
City Clerk
CITY OF ROANOK
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V~rginia 24011
Telephone: (703)981-2541
August 28, 1991
File #51-24A
SANDRA H. EAKIN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30648A-82691 amending §36.1, Zoning, of the
Code of the City of Roanoke, 1979, as amended, to include amendments which are
deemed necessary to ensure that the City's development regulations are responsive
to current development needs and community issues. Ordinance No. 30648A-82691
was adopted by the Council of the City of Roanoke on first reading on Monday,
August 12, 1991, also adopted by the Council on second reading on Monday, August
26, 1991, and will take effect ten days following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Eric.
pc:
The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court, 305 East Main
Street, Salem, Virginia 24153
The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box 1016, Salem,
Virginia
The Honorable Roy B. Willett, Judge, Circuit Court
The Honorable Clifford R. Weckstein, Judge, Circuit Court
The Honorable Diane M. Strickland, Judge, Circuit Court
The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations
District Court
The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court
The Honorable Julian H. Raney, Jr., Judge, General District Court
The Honorable Richard C. Pattisal, Judge, General District Court
The Honorable Donald S. Caldwell, Commonwealth's Attorney
Mr. W. Robert Herbert
August 28, 1991
Page 2
pc:
The Honorable Dale A. Hendrick, Clerk, Circuit Court
Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court
Mr. Ronald Albright, Clerk, General District Court
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. L. Elwood Norris, Chair, Board of Zoning Appeals, 3818 Park Lane, S.
W., Roanoke, Virginia 24015
Mr. Charles A. Price, Jr., Chair, City Planning Commission, 3101 Willow
Road, N. W., Roanoke, Virginia 24017
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. William F. Clark, Director of Public Works
Mr. John R. Mariles, Chief, Community Planning
Mr. Ronald H. Miller, Building Commissioner/Zoning Commissioner
Ms. Patti C. Hanes, Secretary, Board of Zoning Appeals
Mr. Charles M. Huffine, City Engineer
Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia
Building, Roanoke, Virginia 24011
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 26th Day of August, 1991.
No. 30648A-82691.
AN ORDINANCE amending S36.1-25, Definitions; subsection (3) of
§36.1-52, Permitted uses; ~36.1-52, Permitted use~, by the addition
of new subsection (10); subsection (4) of ~36.1-71, Permitted uses;
S36.1-72, Special exception uses, by the addition of new
subsections (10) and (11); subsection (4) of ~36.1-89, Permitted
uses; §36.1-90, Special exception uses, by the addition of new
subsections (13) and (14); subsection (5) of S36.1-107, Permitted
uses; §36.1-108, Special exception uses, by the addition of new
subsections (12) and (13); subsection (7) of ~36.1-126, Permitted
uses; ~36.1-127, Special exception uses, by the addition of new
subsections (8), (9) and (10); ~36.1-146, Special exception uses,
by the addition of new subsections (5), (6) and (7); subsection (7)
of §36.1-164, Permitted uses; subsection (11) of §36.1-185,
Permitted uses; subsection (7) of S36.1-206, Permitted uses;
subsection (8) of §36.1-227, Permitted use~; ~36.1-249, Permitted
uses, by the addition of new subsection (26); subsection (6) of
~36.1-270, Permitted uses; S36.1-270, Permitted uses, by the
addition of new subsection (8); subsection (a) of S36.1-412,
Temporary buildinqs~ structures and construction dumpsters; §36.1-
412, Temporary buildings~ structures and construction dumpster~, by
the addition of subsection (c); subsection (a)
Parkinq of commercial vehicles; subsection (f)
General requirements; ~36.1-576, Submission
comprehensive development plan,
of ~36.1-435,
of S36.1-531,
procedures;
by the addition of new subsection
(d); subsection (a) of S36.1-690, General authority and procedure;
subsection (b) of §36.1-691, Planning commission action; and
subsection (d)(3) of ~36.1-710, Fees generally, of the Code of the
City of Roanoke (1979), as amended, such amendments and additions
relating to the definition of family, mobile home, manufactured
home, fast food restaurant, restaurant, boarding or rooming house,
hotel, motel or inn, a manufactured home as a permitted use in the
RA, Residential Agriculture District, radio and television
transmitters in the LM, Light Manufacturing District, and the HM,
Heavy Manufacturing District, fire stations, police stations and
elementary schools as special exception uses in residential
districts, bus depots and repair facilities as permitted uses in
the HM, Heavy Manufacturing District, temporary construction
dumpsters, accessory columbarims with churches, synagogues and
other places of worship as permitted uses in residential and
commercial districts, parking of commercial vehicles, accessory
structures, submission procedures for comprehensive plans of
development, general authority and procedure for filing of an
application for a zoning map amendment, notice of hearings before
the Planning Commission, and fees for review of a comprehensive
plan of development.
BE IT ORDAINED by the Council of the City of Roanoke that
~36.1-25, Definitions; subsection (3) of ~36.1-52, Permitted uses;
~36.1-52, Permitted uses, by the addition of new subsection (10);
subsection (4) of §36.1-71, Permitted uses; ~36.1-72, Special
2
exception uses, by the addition of new subsections (10) and (11);
subsection (4) of §36.1-89, Permitted uses; S36.1-90, Special
exception uses, by the addition of new subsections (13) and (14);
subsection (5) of S36.1-107, Permitted uses; ~36.1-108, Special
exception uses, by the addition of new subsections (12) and (13);
subsection (7) of ~36.1-126, Permitted uses; ~36.1-127, Special
exception uses, by the addition of new subsections (8), (9) and
(10); ~36.1-146, Special exception uses, by the addition of new
subsections (5), (6) and (7); subsection (7) of §36.1-164,
Permitted uses; subsection (11) of S36.1-185, Permitted uses;
Permitted uses; subsection (8) of
~36.1-249, Permitted uses, by the
(26); subsection (6) of §36.1-270,
subsection (7) of ~36.1-206,
~36.1-227, Permitted uses;
addition of new subsection
Permitted uses;
subsection (8);
structures and
~36.1-270, Permitted uses, by the addition of new
subsection (a) of S36.1-412, Temporary buildings,
construction dumpsters; ~36.1-412, Temporary
buildinqsr structures and construction dumpsters, by the addition
of subsection (c); subsection (a) of ~36.1-435, Parkinq of
commercial vehicles; subsection (f) of §36.1-531, General
requirements; §36.1-576, Submission procedures; comprehensiv~
development Dlan, by the addition of new subsection (d); subsection
(a) of ~36.1-690, General authority and Drocedur~; subsection (b)
of S36.1-691, Planninq commission action; and subsection (d)(3) of
~36.1-710, Fees qenerall¥, of the Code of the City of Roanoke
(1979), as amended, be, and are hereby, amended and reordained to
read and provide as follows:
3
S36.1-25. Definitions.
For the purpose
terms and words used
as follows:
of this chapter certain
herein shall be defined
Boarding or rooming house: A building or
portion thereof, which no more than six (6)
persons reside for compensation on a weekly,
monthly or longer basis. Such persons may
share common kitchen or bathroom facilities.
Dwelling: Any building designed to be
used for residential purposes, and including
the following specific types:
(2) Mobile home: A structure,
transportable in one or more sections, not
subject to federal regulations and constructed
prior to June 15, 1976, which is constructed
on a chassis for towing to the point of use
and designed to be used, with or without
permanent foundation, for continuous year-
round occupancy as a single family dwelling
when connected to the required utilities.
(6) Manufactured home: A structure,
transportable in one or more sections, subject
to federal regulations and constructed after
June 15, 1976, which is constructed on a
chassis for towing to the point of use, and is
not less than nineteen (19) feet in width when
assembled, and is set up on a permanent
foundation on an individual lot for continuous
year-round occupancy as a single family
dwelling when connected to the required
utilities.
4
Family: One or more persons occupying a
single dwelling unit and living and cooking
together as a single housekeeping unit. The
word shall not be construed to mean more than
four (4) persons unrelated by blood, marriage
or adoption. The above notwithstanding, up to
and including eight (8) mentally ill, mentally
retarded or developmentally disabled person~
who reside with one or more resident
counselors or other staff persons in a
facility for which the Department of Mental
Health, Mental Retardation, and Substance
Abuse Services is the licensing authority
pursuant to the Virginia Code, may constitute
a family. For purposes of this definition,
mental illness and developmental disability
shall not include current illegal use of or
addiction to a controlled substance as defined
in S54.1-3401 of the Code of Virginia (1950),
as amended.
Fast food restaurant: An establishment
engaged in the preparation of food intended to
be consumed primarily off the premises which
includes take-out or delivery service or a
drive-through window as a major component of
its operation.
Hotel~ motel~ or inn: An establishment
primarily engaged in the rental of rooms to
seven (7) persons or more on a daily, weekly,
monthly or longer basis.
Restaurant: An establishment engaged in
preparing and serving food and beverages for
consumption primarily on the premises which
may include take-out service or a drive-
through window as an incidental component of
its operation.
S36.1-52. Permitted uses.
The following uses shall be permitted as
principal uses in the RA district:
(3) Churches,
places of worship,
columbariums.
synagogues and other
including accessory
(10) Manufactured home.
§36.1-71.
The
principal uses in the RS-1 and RS-2 districts:
( 4 ) Churches, synagogues and other
places of worship, including accessory
columbariums.
Permitted uses.
following uses shall be permitted as
S36.1-72.
Special exception uses.
The following uses may be permitted in
the RS-1 and RS-2 districts by special
exception granted by the board of zoning
appeals subject to the requirements of this
section:
(a) Uses permitted by special
in the RS-1 and RS-2 districts:
(10)
exception
Fire stations.
Police stations.
Permitted uses.
following uses shall be permitted as
in the RS-3 district:
(11)
S36.1-89.
The
principal uses
6
(4) Churches, synagogues and other
places of worship, including accessory
columbariums.
§36.1-90. Special exception uses.
The following uses may be permitted in
the RS-3 district by special exception granted
by the board of zoning appeals subject to the
requirements of this section:
(13) Fire stations.
(14) Police stations.
***
§36.1-107. Permitted uses.
The following uses shall be permitted as
principal uses in the RM-1 district:
(5) Churches, synagogues and other
places of worship, including accessory
columbariums.
S36.1-108. Special exception uses.
(12) Fire stations.
(13) Police stations.
***
S36.1-126. Permitted uses.
The following uses shall be permitted as
principal uses in the RM-2 district:
7
(7) Churches,
places of worship,
columbariums.
synagogues and other
including accessory
§36.1-127. Special exception uses.
The following uses may be permitted in
the RM-2 district by special exception granted
by the board of zoning appeals subject to the
requirements of this section:
(8) Fire stations.
(9) Police stations.
(10) Elementary and secondary schools.
§36.1-146. Special exception uses.
The following uses may be permitted in
the RM-3 and RM-4 districts by special
exception granted by the board of zoning
appeals subject to the requirements of this
section:
(5) Elementary and secondary schools.
(6) Fire stations.
(7) Police stations.
S36.1-164. Permitted uses.
The following listed uses shall be
permitted as principal uses in the CN
district. Unless otherwise stated, the
maximum gross ground floor area (the
"footprint") of any new structure shall be
five thousand (5,000) square feet:
8
(7) Churches,
places of worship,
columbariums.
synagogues and other
including accessory
§36.1-185. Permitted uses.
The following uses shall be permitted as
principal uses in the C-1 district:
(11) Churches, synagogues and other
places of worship, including accessory
columbariums.
§36-1-206. Permitted uses.
The following uses shall be permitted as
principal uses in the C-2 district:
(7) Churches, synagogues and other
places of worship, including accessory
columbariums.
§36.1-227. Permitted uses.
The following uses shall be permitted as
principal uses in the C-3 district:
(8) Churches,
places of worship,
columbariums.
synagogues and other
including accessory
§36.1-249. Permitted uses.
The following uses shall be permitted as
principal uses in the LM district:
9
(26) Radio and television transmitters.
~36.1-270. Permitted uses.
The following uses shall be permitted as
principal uses in the HM district:
(6) Tractor trailer and bus depots and
repair facilities.
(8) Radio and television transmitters.
~36.1-412. Temporary buildings, structures,
and construction dumpsters.
(a) Temporary buildings, structures or
construction dumpsters may be permitted in any
district in connection with and on the site of
building and land development or
redevelopment, including but not limited to,
grading, paving, installation of utilities,
building construction and the like, and such
buildings or structures may include offices,
construction trailers or construction
dumpsters, storage buildings, and signs
provided that no such permit shall be for a
period of no more than six (6) months,
renewable by the zoning administrator for
additional periods of not more than six (6)
months each.
(c) In all districts, the following
requirements shall be applicable:
(1)
No construction dumpster may impede
pedestrian or vehicular
access to and from adjoining
properties or otherwise create an
unsafe condition for pedestrian and
vehicular traffic;
10
(2)
Every construction dumpster shall
clearly identify the owner of such
dumpster and telephone number and
shall be clearly labelled for
purpose of containment of
construction materials only;
(3)
Every construction dumpster shall be
routinely emptied so as to not
create an unsightly or dangerous
condition on the property resulting
from the deposit, existence and
accumulation of construction
materials.
S36.1-435. Parkinq of commercial vehicles.
(a) No commercial vehicle exceeding
three-quarter (3/4) ton gross weight shall be
parked or left standing in a residential
district for more than two (2) hours at any
time except for:
(1) School buses and emergency vehicles;
(2) Vehicles being loaded or unloaded;
(3)
Vehicles belonging to or used by the
occupant of a business premises,
when the premises constitute a
lawfully existing use;
(4)
Vehicles, the occupants of which are
actually engaged in work on the
premises; and
(5) Vehicles being used in connection
with utility or street work.
S36.1-531. General requirements.
(f) Accessory structures may be located
no closer than five (5) feet to a rear or side
lot line, and driveways may be located up to
or on the front lot line, except for the
following:
1!
Driveways may be located up to
or on the side or rear lot
line;
(2)
Fences or walls may be located
within six (6) inches to a side
or rear lot line;
(3)
Pools, tennis courts and other
similar uses shall adhere to
the yard requirements of the
principal building.
S36.1-576. Submission procedures;
comprehensive development plan.
(d) The agent may require that a
comprehensive development plan be prepared by
an engineer, architect, land surveyor or
landscape architect who is licensed by the
Commonwealth of Virginia.
S36.1-690. General authority and procedure.
(a) Whenever public necessity,
convenience, general welfare or good zoning
practice require, the city council may amend,
supplement, or change this chapter, including
the schedule of district regulations and the
official zoning map. Any such amendment may
be initiated by resolution of the city
council, by motion of the planning commission,
or by petition of the owner, contract
purchaser with the owner's written consent, or
the owner's agent, of the property which is
the subject of the proposed zoning map
amendment.
~36.1-691. Planninq Commission action.
(b) Prior to making recommendations on
any proposed amendment of district zoning
12
(b) Prior to making recommendations on
any proposed amendment of district zoning
classifications, the planning commission shall
conduct a public hearing on such proposal,
after notice of such hearing is given pursuant
to §36.1-693 of this chapter.
S36.1-710. Fees qenerally.
(d)
For each particular matter
hereinafter set out, the following
fees shall be payable, upon
application. For the purpose of
determining fees, where a tract
involves a fraction of an acre, said
fraction shall be calculated as an
acre.
(3) Comprehensive development
plan review... $100.00 per acre
ATTEST:
City Clerk.
13
RECE~VE~
'91 ~_ 24 P5:03
Roanoke City Planning Commission
August 12, 1991
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Public hearing concerning proposed amendments to
Section 36.1, Zoning, of the Code of the City of
Roanoke, 1979, as amended.
I. Background:
First comprehensive update to the City's zoning
ordinance in over 20 years was adopted by City
Council on April 20, 1987.
First update to the 1987 zoning ordinance consisted of
10 amendments that were adopted by City Council on
February 12, 1990.
Current list of proposed amendments (attached) was
compiled by the Planning Commission and staff over
the past six (6) months based on input received from
administrative staff and citizens.
Purpose of each of the proposed amendments is
summarized in the attachment to this report.
II. Current Situation:
Ordinance and Names Subcommittee held numerous
meetings with Planning staff to discuss and evaluate
the proposed revisions to the existing regulations.
Final draft of the proposed amendments were forwarded
to the full Planning Commission on May 30, 1991.
Planning Commission public hearing was held on July
3, 1991 and there was no one present to speak to the
matter.
P. oc,'n 355 Municipal Building 2t5 Churdn Avenue. S.A4 Roanoke. Virginia 24011 (703) 98t-2344
III. Recommendation:
The Planning Commission, by a vote of 5-0 (Messrs.
Bradshaw and Price absent), recommended that City Council
approve the proposed amendments to the City zoning
ordinance. The proposed amendments are necessary to
ensure that the City's development regulations are
responsive to current development needs and community
issues.
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
JRM:EDD:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner
Roanoke City Planning Commission
Proposed Zoning Amendments
Comment: Section 36.1-691(b). Planning commission
action incorrectly refers to Section 36.1-712 for notice
of public hearing. The correct citation is Section
36.1-693. Notice of hearing.
Proposed Amendment(s):
Section. 36.1-691. Planning commission action. (page 3046)
(b) Prior to making recommendations on any proposed amendment
of district zoning classifications, the planning commission
shall conduct a public hearing on such proposal, after notice
of such hearing is given pursuant to section ~7I~ 36.1-693
of this chapter.
Se
Comment: A recent amendment to the State Code enacted in
order to bring State law into conformity with the Federal
Fair Housing Act of 1988 requires local zoning ordinances
to consider a group home for eight (8) or less mentally
ill, mentally retarded, or developmentally disabled
persons, with one or more staff persons, for all purposes
as residential occupancy by a single family. No
conditions more restrictive than those imposed on a
typical single family residence can be imposed on such a
facility.
Proposed Amendment(s):
Section 36.1-25. Definitions.
Family. (page 2895)
Family: One or more persons occupying a single dwelling unit
and living and cooking together as a single housekeeping unit.
~ The word shall not be construed to mean more than four
(4) persons unrelated by blood, marriage or adoption. The
above notwithstanding, up to and including eight (8) mentally
ill, mentally retarded or developmentally disabled persons who
reside with one or more resident counselors or other staff
persons in a facility for which the Department of Mental
Healthr Mental Retardation, and Substance Abuse Services is the
licensing authority pursuant to the Virginia Code, may
constitute a family. For purposes of this definition, mental
illness and developmental disability shall not include current
illegal use of or addiction to a controlled substance as
defined in Section 54.1-3401 of the Code of Virginia (1950),
as amended.
Comment: Bus depots and repair facilities are currently
not provided for as a permitted use in the HM district.
City's existing facility is located in an HM zone and is
therefore nonconforming. Amendment requested by Building
Department.
Proposed Amendment(s):
Section 36.1-270. Permitted uses.
District. page 2941)
(HM; Heavy Manufacturing
(6) Tractor trailer and bus depots and repair facilities.
Comment: The City has received complaints from property
owners in residential areas regarding "spill over" noise,
lighting, drainage, etc., resulting from basketball and
tennis courts, swimming pools, and other backyard
athletic facilities constructed near property lines. The
City's zoning administrator has indicated that the
setback requirements in the zoning ordinance don't apply
to such facilities (with the exception of swimming pools)
because such facilities are not "structures" as defined
in the ordinance.
Proposed Amendment(s).:
Section 36.1-531. General requirements.
structures, page 3007)
(Accessory uses and
(f) Accessory structures may be located no closer than five
(5) feet to a rear or side lot line, and driveways may be
located, up to or on the front lot line, except E~/~W~I~
~I~] for the following:
driveways may be located up to or on the side or
rear lot line;
fences or walls may be located within six (6) inches
to a side or rear lot line;
pools, tennis courts and other similar uses shall
adhere to the yard requirements of the principal
building.
Comment: Section 15.1-491 of the Code of virginia, 1950,
as amended, has been amended to provide that rezoning
requests can be initiated by petition of only the owner,
contract purchaser with the owner's written consent, or
the owner's agent. Previously any property owner could
petition for rezoning, even if he or she did not own the
property.
2
Proposed Amendment(s):
Section 36.1-690. General authority and procedure.
3044)
(page
(a) Whenever public necessity, convenience, general welfare
or good zoning practice require, the city council may amend,
supplement, or change this chapter, including the schedule of
district regulations and the official zoning map. Any such
amendment may be initiated by resolution of the city council,
by motion of the planning commission~ or by petition of ~
the ~ owner, contract purchaser with the owner's
written consent, or the owner's agent, of the property which
is the subject of the proposed zoning mad amendment.
Comment: The current zoning ordinance does not set forth
any requirements regulating the location, appearance,
signage, time-frame, etc., associated with temporary
construction dumpsters.
Proposed Amendment(s):
Section 36.1-412. Temporary buildings, structures, and
construction dumpsters. (page 2981)
Temporary buildingsz ~ structures or construction
dumpsters may be permitted in any district in
connection with and on the site of building and land
development~ or redevelopment, including but not
limited to, grading, paving, installation of
utilities, building construction and the like, and
such buildings or structures may include offices,
construction trailers or construction dumpsters,
storage buildings, and signs provided that no such
permit shall be for a period of no more than six (6)
months, renewable by the zoning administrator for
additional periods of not more than six (6) months
each.
In all districts, the following requirements shall
be applicable:
No construction dumpster may impede pedestrian
or vehicular access to and from adjoining
properties or otherwise create an unsafe
condition for pedestrian and vehicular traffic;
Every construction dumpster shall clearly
identify the owner of such dumpster and
telephone number and shall be clearly labelled
for purpose of containment of construction
materials only~
3
Every construction dumpster shall be routinely
emptied so as to not create an unsightly or
dangerous condition on the property resultinq
from the deposit, existence and accumulation of
construction materials.
Comment: A recent amendment to the State Code mandates
that local governments must permit the placement of
manufactured homes in agricultural zoning districts
subject to development standards that are equivalent to
those applicable to conventional, site-built, single-
family dwellings within the same or equivalent zoning
districts. The City's zoning ordinance needs to be
revised for consistency with State law.
Proposed Amendment:
Section 36.1-25. Definitions. (Dwelling. page 2894.1)
Recreate (2) to read as follows:
(2) Mobile home: A structure, transportable in one or more
sections, W~/~/~/~~/m~/~/~/~;/~/f~
~lm~l~lW~l~lf~l~;l~lf~l~lm~l~ll~l~
~/f~ not subject to federal regulations and constructed
prior to June 15, 1976, ~/which is ~l~/~/~/~m~
~ constructed on a chasis for towing to the point of use
and designed to be used ~/~/~W~I~, with or without
permanent foundation W~/~~/~/~/~/~~
~~/~m~/~~/~, for continuous
year-round occupancy as a single family dwelling when
connected to the required utilities.
Create (6) to read as follows:
(6) Manufactured home: A structure, transportable in one or
more sections, sub3ect to federal regulations and constructed
after June 15, 1976, which is constructed on a chasis for
towing to the point of use, and is not less than nineteen (19)
feet in width when assembled, and is set up on a permanent
foundation on an individual lot for continuous year-round
occupancy as a single family dwelling when connected to the
required utilities.
Section 36.1-52. Permitted uses.
Agricultural District. page 2903)
(10) Manufactured home.
(RA; Residential
4
Comment: Radio and television transmitters are
currently not addressed in the zoning ordinance. Similar
uses such as booster stations, relay stations and towers
are permitted by right in the LM and HM districts.
(10) Fire stations.
(11) Police stations.
Section 36.1-90. Special exception uses.
Single Family District. page 2909)
(13) Fire stations.
(14) Police stations.
Section 36.1-108. Special exception uses.
Multifamily District. page 2912)
(12) Fire stations.
(13) Police stations.
Section 36.1-127. Special exception uses.
Multifamily District. page 2914)
(8) Fire stations.
(9) Police stations.
5
(RS-3, Residential
(RM-1, Residential
(RM-2, Residential
Proposed Amendment(s):
Section 36.1-249. Permitted uses. (LM District. page 2937)
(26) Radio and television transmitters.
Section 36.1-270. Permitted uses. (HM District. page 2941)
(8) Radio and television transmitters.
9. Comment: The City Attorney's office has requested that
public schools, parks and playgrounds, fire stations,
city utilities and other public facilities be permitted
by right in any zoning district. Currently,many of these
facilities are not permitted in all zoning districts and
only by special exception in other zoning districts.
Proposed Amendment(s):
Section 36.1-72. Special exception uses. (RS-1 and RS-2,
Residential Single Family Districts. page 2906)
(10) Elementary and secondary schools.
Section 36.1-146. Special exception uses. (RM-3 and RM-4,
Residential Multifamily Districts. page 2917)
(5) Elementary and secondary schools.
(6) Fire stations.
(7) Police stations.
10.
Comment: Fee for review of comprehensive development
plan ($50 per acre) was last revised as part of the
comprehensive update to the City's zoning ordinance
adopted by City Council in April 1987. User Fee Study
conducted by David M. Griffith and Associates, Ltd., in
1990, indicated average cost of staff review is $717 per
acre. Planning staff is recommending fee be increased to
$100 per acre to offset a greater percentage of the costs
incurred by the City in processing such requests.
Proposed Amendment(s):
Section 36.1-710. Fees generally. (page 3046)
(d)(3) Comprehensive development plan review $~
100.00 per acre.
11.
Comment: Current zoning ordinance contains no criteria
stipulating that comprehensive development plans be
professionally prepared. Planning staff is requesting
authority to require that comprehensive development plans
be prepared by a licensed engineer, architect, land
surveyor or landscape architect.
Proposed amendment(s):
Section 36.1-576. Submission procedures; comprehensive
development plan. (page 3016)
(d) The a~ent may require that a comprehensive development
plan be prepared by an engineer, architect, land surveyor, or
landscape architect who is licensed by the Commonwealth of
Virginia.
12.
Comment: There have been a number of inquiries made by
local churches to install columbariums. The planning
staff is requesting that this use be allowed in
conjunction with a place of worship.
6
Proposed amendment(s):
Section 36.1-52. Permitted uses.
2903)
for RA district, page
(3) Churches synagogues and other places of worship~
including accessory columbariums.
Section 36.1-71. Permitted uses.
districts, page 2906)
for RS-1 and RS-2
(4) Churches synagogues and other places of worshipz
including accessory columbariums.
Section 36.1-89. Permitted uses.
2909)
for RS-3 district, page
(4) Churches, synagogues and other places of worshipz
including accessory columbariums.
Section 36.1-107. Permitted uses.
2911)
(for RM-1 district, page
(5) Churches synagogues and other places of worship~
including accessory Columbariums.
Section 36.1-126. Permitted uses.
2914)
(for RM-2 district, page
(7) Churches synagogues and other places of worship~
including accessory columbariums.
Section 36.1-164. Permitted uses.
2919)
(for CN district, page
(7) Churches synagogues and other places of worshipz
including accessory columbariums.
Section 36.1-185. Permitted uses. (for C-1 district, page
2924)
(11) Church, synagogues and other places of worship, including
accessory columbariums.
Section 36.1-206. Permitted uses. (for C-2 district, page
2927)
(7) Churches, synagogues and other places of worshipz
including accessory columbariums.
Section 36.1-227. Permitted uses. (for C-3 district, page
2933)
(8) Churches, synagogues and other places of worshipz
including accessory columbariums.
7
13.
Comment: Zoning ordinance regulations regarding the
parking of commercial vehicles in residential districts
needed to conform to the provisions of the City's motor
vehicle and traffic code.
Proposed amendment(s):
Section 36.1-435. Parking of commercial vehicles. (page 2992)
(a) No commercial vehicle II~l~l~l~m~I~II~I~I~
~1~1~1~ exceeding three-quarter (3~4) ton
gross weight~/~/~/~/~m~/~~ shall be
~mi~/~/~E/~~/ parked or left standing in a
residential district for more than two (2) hours at any time
except for:
(1) School buses and emergency vehicles;
(2) Vehicles being loaded or unloaded;
(3) Vehicles belonging to or used by the occupant of a
business premises, when the premises constitute a
lawfully existing use~
(4) Vehicles, the occupants of which are actually engaged
in work on the premises~ and
(5) Vehicles being used in connection with utility or
street work.
14.
Comment: Definitions of "fast food restaurant" and
"restaurant" in light of the inconsistency of the two
definitions.
Proposed Amendment(s):
Section 36.1-25. Definitions. (page 2892)
Fast food restaurant: a/~~ An establishment
~f/f~/~/~/m~/~~/~f/~/~~/~/W~
engaged in the preparation of food ~ intended to be
consumed primarily off the premises which includes take-out or
delivery service
~ff~/~/~/f~/~/l~/~/~/~~/~/f~/f~
~~ or a drive-through window as a major component of
its operation.
Restaurant: An establishment ~l~ engaged in preparing
and serving food and beverages for consumption primarily on
8
the premises which may include take-out service W~ o__r a
drive-through window//fS~/f~/f~/~~; as an
incidental component of its operation.
15.
Comment: A number of zoning enforcement problems have
resulted in part due to an overlap between the
definitions of "boarding house or rooming house" and
"hotel, motel, or inn."
Proposed amendment(s):
Section 36.1-25. Definitions. (page 2892)
Boarding or rooming house: A building or portion thereof,
W~ which no more than six (6) ~m~ persons ~/~
reside for compensation on a weekly ~zmonthly or longer
basis. ~/W~/~ Such persons may share common kitchen
or bathroom facilities.
Hotel, motel, or inn: An establishment primarily engaged in
the rental of ~/~/~/f~; rooms to seven (7) persons or
more on a daily, weekly, monthly or longer basis.
9
.aD NUMBER - 72q. 0155'~
RECEIVED
PUBLISHER'S FEE- s2oo~C[,~T:*-5 ;'~F'~r'r,
'91 AUG 12 P2:04
CITY OF ROANOKE
C/C MARY F PARKER
CITY CLERKS OFFICE
ROOM ~56 MUNICIPAL BLO~
ROANOKE VA 2~011
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT CF
PUBLICATION
It {THE UNDERSIGNED) AN AUTHORIZED
REPRESENTATIVE CF THE TIMES-wORLD COR.
PORATiON~ mHICH CORPORATION IS PUBLISHER
DF THE ROANOKE TIMES ~ WCRLD-NEWS, A
DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN
THE STATE OF VIRGINIA~ DC CERTIFY THAT
THE ANNEXED NOTICE ~AS PUBLISHED iN SAID
NEWSPAPERS ON THE F£LLOmING DATES
07/26/91 MORNING ~ EVENING
08/02/91 MORNING & EVEI~ING
nl¢lPlll BuN~iI~ 41tl~l~!m°r, il5
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of §15.1-431, Code of Virginia
(1950), as amended, the Council of the City of Roanoke will hold
a Public Hearing on Monday, August 12, 1991, at 7:30 p.m., or as
soon after as the matter may be heard, in the Council Chamber in
the Municipal Building, 4th Floor, 215 Church Avenue, S. W., in
order to consider amendments and revisions of Chapter 36.1,
Zoning, Code of the City of Roanoke (1950), as amended.
The proposed amendments would revise the following sections
of Chapter 36.1, Zoning, of the Code of the City of Roanoke
(1950), as amended: Section 36.1-691; Section 36.1-25; Section
36.1-270; Section 36.1-531; Section 36.1-690; Section 36.1-412;
Section 36.1-52; Section 36.1-249; Section 36.1-72; Section
36.1-90; Section 36.1-108; Section 36.1-127; Section 36.1-146;
Section 36.1-710; Section 36.1-576; Section 36.1-71, Section
36.1-89; Section 36.1-107; Section 36.1-126; Section 36.1-164;
Section 36.1-185; Section 36.1-206; Section 36.1-227; and Section
36.1-435, the proposed amendments relating to notice of a hearing
held by the Planning Commission, the definition of a family, bus
depots, accessory structures, general authority and procedure for
amendments to code, temporary construction dumpsters, mobile
homes and manufactured homes and such homes as permitted uses in
an RA, Residential Agricultural District, radio and television
transmitters as permitted uses in the LM, Light Manufacturing
District, and the HM, Heavy Manufacturing District, fire stations,
police stations and elementary and secondary schools as permitted
uses by special exception in residential districts, the fee for
review of a comprehensive development plan, submission procedures
for comprehensive development plans, accessory columbariums with
churches, synagogues and other places of worship, the parking of
commercial vehicles, the definition of a fast food restaurant and
a restaurant, and the definition of a boarding or rooming house
and a hotel, motel or inn. A copy of said proposed amendments is
available for review in the Office of the City Clerk, Room 456,
Municipal Building. Questions about the content of the proposed
regulations should be directed to the Office of Community
Planning, 981-2344.
All parties in interest may appear on the above date and be
heard on the question.
GIVEN under my hand this 24th day of July , 1991.
Mary F. Parker, City Clerk
Please publish in full twice in the Roanoke Times & World News, Morning Edition,
once on Friday, July 26, 1991, and once on Friday, August 2, 1991.
Please send publisher's affidavit and bill to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #132-228
SANDRA H. EAKIN
Deputy City Clerk
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I am enclosing copy of Resolution No. 30687-82691 cancelling the regularly scheduled
meeting of City Council on Monday, December 16, 1991, inasmuch as a majority of the
Members of Council will be in attendance at the National League of Cities Conference
to be held on December 12 - 16, 1991. Resolution No. 30687-82691 was adopted by
the Council of the City of Roanoke at a regular meeting held on Monday, August 26,
1991.
Sincerely, ~_._
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Sehlanger, Director of Finance
Mr. Robert H. Byrd, Municipal Auditor
Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. James D. Ritchie, Director of Human Resources
Mr. George C. Snead, Jr., Director of Administration and Public Safety
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 26th Day of August, 1991.
No. 30687-82691.
VIRGINIA,
A RESOLUTION cancelling the regularly scheduled meeting of
City Council on December 16, 1991.
WHEREAS, a majority of the members of City Council will be in
attendance at the National League of Cities Conference to be held
December 12 through 16, 1991;
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. The regular meeting of City Council scheduled for Monday,
December 16, 1991, is hereby cancelled.
2. The City Clerk shall take appropriate action to advise
the public of the cancellation of such meeting.
ATTEST:
City Clerk.
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
YO:
FROM:
DATE:
SUBJECT:
Mr. ..ourn C. Dibi. g, Jr., Cit} .~ttorney
Mary F. Parker, City Clerk
August 12, 1991
Preparation of Resolutions
Please prepare the appropriate measure for the August 26, 1991, Council meeting,
cancelling the regularly scheduled meeting of the Council on Monday, December 16,
1991, inasmuch as the majority of Council will be attending the National League of
Cities Conference to be held December 12 - 16, 1991, in Las Vegas, Nevada.
Also, please prepare the appropriate measure designating Mayor Noel C. Taylor as
the Voting Delegate and Vice-Mayor Howard E. Musser as the Alternate Voting
Delegate for the Annual Business Meeting of the National League of Cities.
MFP:ra
MEMO3
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLE
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #169-467
SANDRA H. EAKIN
Deput~ City Clerk
My. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30690-82691 granting to The Jefferson Center
Foundation a revocable license to enter the Jefferson High School building located
at 540 Campbell Avenue, S. W., and adjacent property, for the purpose of
performing preliminary architectural and engineering studies, upon certain terms
and conditions. Ordinance No. 30690-82691 was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, August 26, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Ene o
pc:
The Honorable Beverly T. Fitzpatrick, Sr., Jefferson Center Foundation,
2425 Nottingham Road, S. E., Roanoke, Virginia 24014
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Mr. Brian J. Wishneff, Chief of Economic Development
Ms. Lauren G. Eib, Risk Management Officer
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 26th Day of August, 1991.
No. 30690-82691.
VIRGINIA,
AN ORDINANCE granting to Jefferson Center Foundation a revocable
license to enter upon City property, for the purpose of performing
preliminary architectural and engineering studies, upon certain terms
and conditions; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Jefferson Center Foundation be granted a license, revocable
at the option of the City, to enter the Jefferson High School Building
located at 540 Campbell Avenue, S. W., and adjacent property for the
of performing preliminary architectural and engineering
purpose
studies.
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, a license agreement for the above purpose with
Jefferson Center Foundation, upon certain terms and conditions as are
deemed appropriate by the City Manager and in accordance with the
recommendations contained in the report of the City Manager dated
August 26, 1991, said agreement to be in such form as is approved by
the City Attorney.
3. In order to
municipal government,
ordinance shall be in
provide for the usual daily operation of the
an emergency is deemed to exist, and thls
full force and effect upon its passage.
ATTEST:
City Clerk.
CITY ~ ~ ~,~
'91 ,~26 /~0:48
August 26, 1991
Honorable Mayor and Members of City Council
Roanoke, virginia
Dear Members of Council:
Subject:
Revocable License Agreement providing right of
entry to the Jefferson Center Foundation for the
purpose of performing preliminary architectural
and engineering work in the Jefferson High School
building.
I. Background:
Jefferson Center Foundation has been working towards
raising $2 million for renovation and development of
Jefferson High School.
Jefferson Center Foundation wishes to have an
architectural and engineering firm begin preliminary
work on design for the proposed rehabilitation of the
building. In order to complete this architectural and
engineering work access to the building is necessary.
II. Issues:
A. Timino
B. Development of Jefferson High School
III. Alternatives:
Authorize City Manager to execute a Revocable License
Agreement in a form acceptable to the city Attorney,
allowing Jefferson Center Foundation to enter the city
property (Jefferson High School building) for the
purpose of preliminary architectural engineering work
on the building.
Timing is important in that access to the building
is necessary in order to begin preliminary design.
2. Development of Jefferson High School is tied to
the successful renovation of the building.
IV.
Do not authorize city Manager to execute a Revocable License
Agreement for Jefferson Center Foundation.
1. Timin~ for the Jefferson High School development
would be delayed.
2. Development of Jefferson Hiqh School would be
delayed.
Recommendation: Recommend that city Council approve
Alternative A authorizing the city Manager to execute a
Revocable License Agreement allowing the Jefferson Center
Foundation to enter city property (Jefferson High School)
for the purpose of preliminary architectural and engineering
work.
Respectfully submitted:
W. Robert Herbert
City Manager
WRH/BJW/eo
cc:
Earl Reynolds, Assistant city Manager
Wilburn Dibling, city Attorney
Joel schlanger, Director of Finance
Brian Wishneff, Chief, Economic Development
William Clark, Director of Public Works
Lauren Eib, Risk Manager
Honorable Beverly T. Fitzpatrick, Jefferson Foundation
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 28, 1991
File #27-66
SANDRA H. F-AKIN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of a communication from Ms. Renee' Evans, 4513 Old Mountain
Road, N. E., with regard to a drainage ditch at the rear of her property which is in
danger of caving in, which communication was before the Council of the City of
Roanoke at a regular meeting held on Monday, August 16, 1991.
On motion, duly seconded and adopted, the matter was referred to you for
investigation and report to Council by the regular meeting on Monday, September 23,
1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
gne.
pc: Ms. Renee' Evans, 4513 Old Mountain Road, N. E., Roanoke, Virginia 24019
Mr. William F. Clark, Director of Public Works