HomeMy WebLinkAboutCouncil Actions 10-28-91MUSSER
(30757)
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
October 28, 1991
2:00 p.m.
AGENDA FOR THE COUNCIL
Call to Order -- Roll Call. Council Member Fitzpatrick was absent.
The invocation will be delivered by The Reverend Art Hearne, Pastor,
Lakeside Baptist Church. Present.
The Pledge of Allegiance to the Flag of the United States of America will
be led by Mayor Noel C. Taylor.
BID OPENING~
Bids for ballfield renovations at Huff Lane, Westside,
Garden City and Strauss Parks.
Four bids were referred to a committee composed of
Messrs. White, Chairm~n, Snead and Clark, fo~*
tabulation, report and recommendation to Council.
C-1
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.
A communication from Mayor Noel C. Taylor 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.
1
C-2
C-3
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 Ms. Ora Belle McColman tendering her resignation
as a member of the Roanoke Neighborhood Partnership Steering Committee.
RECOMMENDED ACTION:
Receive and file the communication and accept
the resignation with regret.
Quaiification of Ms. Caroline M. Brown as a member of the Roanoke
Public Library Board for a term ending June 30, 1993.
RECOMMENDED ACTION:
Receive and file.
REGULAR AGENDA
Hearing of Citizens Upon Public Matters: None.
Petitions and Comm,,nieations:
A communication from Mr. Harwell M. Darby, Jr., Attorney,
representing the Industrial Development Authority of the City of
Roanoke, requesting approvai of a plan to assist NSW Corporation in
financing the acquisition, construction and equipping of a new
manufacturing facility consisting of approximately 20,800 square feet,
to be located at 530 Gregory Avenue, N. E., and to refund certain prior
bonds which were issued to finance NSW Corporation's existing facility
by issuance of industrial development revenue bonds, in an amount
estimated at $3,000,000.00.
Adopted Resolution No. 30757-102891. (6-0)
A communication from the Roanoke City School Board recommending
appropriation of $270,000.00, representing the second request for
proceeds from the fiscal year 1991 Capital Maintenance and Equipment
Replacement Fund, and appropriation of funds to various school
accounts.
Adopted OrdinanCe No. 30758-102891. (6-0)
Reports of Officers:
a. City Manager:
Briefings: None.
2
Items Recommended for Action:
A report recommending approval of a Community Development
Block Grant loan under the Home Purchase Assistance Program,
and authorization to execute the necessary documents to
implement and administer the loan, including a Construction
Disbursement Agreement.
Adopted Ox~4inRnce No. 30759-102891. (6-0)
A report recommending appropriation of revenue, in the amount
of $165,000.00, representing funds from the State Department of
Social Services for Special Needs Adoption services.
Adopted Ordln~nce No. 30760-102891. (6-0)
b. Director of Finance:
1. A financial report for the month of September, 1991.
Received and filed.
Council Member White requested that the City ~aRnR~er report to
Council with regard to the impact on the City of Roanoke as a
result of the continllln~o' downturn of the economy as it relates to
the expenditure side of the City's budget.
A report recommending adoption of a measure in order to
authorize the Director of Finance to establish a short-term llne
of credit based on competitive proposals.
Adopted Resolution No. 30761-102891. (6-0)
A report recommending appropriation of $66,022.00 in program
income received from the City of Roanoke Redevelopment and
Housing Authority, and other miscellaneous program income.
Adopted Orti~Rn~e No. 30762-102891. (6-0)
c. City Attorney:
A report recommending adoption of an Ordinance authorizing
execution of a sublease agreement between the City and Jefferson
Center Foundation, Ltd., for the sublease of certain office space
in the renovated Jefferson High School building.
Adopted Or~inRnce No. 30763-102891. (6-0)
Reports of Committees:
A report of the committee appointed to tabulate bids received for
construction of a gravity concrete retaining wall and related work at
o
Patterson and Campbell Avenues, S. W., recommending award of a
contract to H & S Construction Company, in the amount of $13,725.00;
and appropriation of funds therefor. Council Member William White,
Sr., Chair.
Adopted Orrlinance No. 30764-102891 and Ordinance No. 30765-102891.
(6-0)
Unfinished Business:
ao
Matter with regard to a specific timetable for development of a plan for
an election district system for election of City Council Members, and a
method of appointment of a Citizens Task Force to work with City staff
on devising the proposed plan.
The City ~lAnager was requested to report to Council by Monday,
November 11, 1991, with regard to specific facts in connection with all
reasonable alternatives for devising a voting plan or plans for election
of City Council Members, along with a timetable for aeeompilshing the
required actions. (Council Members White and Bowers voting no. )
Introduction and Consideration of Ordinances and Resolutions:
Ordinance No. 30751, on second reading, rezoning property located at
3526, 3534, 3538 and 3542 Melrose Avenue, N. W., 1025 36th Street,
N. W., and a vacant lot, bearing Officiai Tax No. 2660310, from C-2,
General Commercial District and RM-1, Residential Multi-Family, Low
Density District, to RM-4, Residential Multi-Family, High Density
District, subject to certain conditions proffered by the petitioner.
Adopted Ordinance NO. 30751-102891. (5-0, Council Member Musser
was out of the Council Chamber. )
A Resolution reappointing a Director of the Industrial Development
Authority of the City of Roanoke, to fill a four year term on its Board
of Directors.
Adopted Resolution No. 30766-102891 and Resolution No. 30767-102891.
(5-0, Council Member Musser was out of the Council Chamber. )
Motions and Miscellaneous Business:
a. Inquiries and/or comments by
the Mayor and Members of City
Council.
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
10. Other Hearings of Citizens:
Certification of Executive Session. (6-0)
4
NOEL C. TAYLOR
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, S.W., Room 452
Roanoke, Virginia 24011
Telephone: (703)981-2444
October 28, 1991
The Honorable Vice-Mayor and 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.
Noel C. Taylor
Mayor
NCT: se
M3aX'Y F. pJa'~ER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 30, 1991
File #488
SANDRA H. EAKIN
Deputy CiV/Clerk
Ms. Ora Belle McColman
2123 Tenth Street, N. W.
Roanoke, Virginia 24012
Dear Ms. McColman:
Your communication tendering your resignation as a member of the Roanoke
Neighborhood Partnership Steering Committee was before the Council of the City of
Roanoke at a regular meeting held on Monday, October 28, 1991.
On motion, duly seconded and adopted, the communication was received and filed,
and your resignation was accepted with regret. The Members of Council requested
that I express their sincere appreciation for the many services you have rendered
to the City of Roanoke as a member of the Partnership. Please find enclosed a
Certificate of Appreciation issued by the Mayor on behalf of the Members of the
Roanoke City Council.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
~,,ne.
pc:
Ms. Barbara N. Duerk, Chair, Roanoke Neighborhood Partnership Steering
Committee, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014
Ms. Stephanie F. Cicero, Neighborhood Partnership Coordinator
.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
REVISED
SANDRA H. EAKIN
DepuD' City Clerk
November 5, 1991
Dr. Frank J. Eastburn, Chairman
Roanoke Public Library Board
1810 Denniston Avenue, S. W.
Roanoke, Virginia 24015
Dear Dr. Eastburn:
This is to advise you that Ms. Caroline M. Brown has qualified as a member of the
Roanoke Public Library Board for a term ending June 30, 1994.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: ra
pc: Ms. Caroline M. Brown, 505 Arbor Avenue, S. E., Roanoke, Virginia 24014
Ms. Beverly Bury, City Librarian
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the C'ouncil of the
City of Roanoke and keeper of the records thereof, do hereby certify that at a
regular meeting of Council held on the ninth day of September, 1991, CAROLINE M.
BROWN was appointed as a member of the Roanoke Public Library Board for a term
ending June 30, 1993.
Given under my hand and the Seal of the City of Roanoke th/s eleventh day of
September, 1991.
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
October 30, 1991
File #207-53B
SANDRA H. EAKIN
Deputy City Clerk
Mr. Harwell M. Darby, Jr.
Attorney
P. O. Box 2887
Roanoke, Virginia 24001
Dear Mr. Darby:
! am enclosing copy of Resolution No. 30757-102891 approving the plan of financing
of the Industrial Development Authority of the City of Roanoke, Virginia, for the
benefit of NSW Corporation ("NSW") to the extent required by Section 147 of the
Internal Revenue Code of 1986, as amended, to issue up to $3,000,000.00 of
industrial development bonds to assist in the acquisition, construction and equipping
of a new manufacturing facility consisting of approximately 20,800 square feet to be
located at 530 Gregory Avenue, N. E. Resolution No. 30757-102891 was adopted by
the Council of the City of Roanoke at a regular meeting held on Monday, October 28,
1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
pc:
Mr. W. Bolling Izard, Chair, Industrial Development Authority, P. O. Box
2470, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Joel M. Schlanger, Director of Finance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 28th day of October, 1991
No l 30757-102891.
A Resolution approving the plan of financing of the
Industrial Development Authority of the City of Roanoke,
V~rginia, for the benefit of NSW Corporation ("NSW") to the
e~itent required by Section 147 of the Internal Revenue Code
of' 1986, as amended.
WHEREAS, the Industrial Developmeat Authority of the
City of Roanoke, Virginia (the "Authority"), has considered
t~e application of NSW Corporation ("NSW"), the principal
offices of which are located at 530 Gregory Avenue, N.E.,
Roanoke, Virginia, requesting the Authority to issue up to
$3,000,000 of its industrial development revenue bonds (the
"5, onds") to (1) assist NSW in the acquisition, construction
and equipping of a new manufacturing facility consisting of
ap,proximately 20,800 square feet (the "Facility"), to be
located at 530 Gregory Avenue, N.E., in the City of Roanoke,
Virginia, and (2) refund the outstanding principal amount of
the Authority's $3,000,000 Industrial Development Bonds
("NSW Corporation Project"), Series 1981 (the "Prior
Bonds"), that were issued to finance NSW's existing 30,000
square foot manufacturing facility located at 530 Gregory
Avenue, N.E., Roanoke, Virginia, and has held a public
hearing thereon on October 22, 1991.
WHEREAS, Section 147(f) of the Internal Revenue Code of
1986, as amended ("the Internal Revenue Code"), provides
that the governmental unit having jurisdiction over the
issuer of revenue bonds and over the area in which any
facility financed with the proceeds of revenue bonds is
located must approve the issuance of the Bonds; and
WHEREAS, the Authority issues its bonds on behalf of
the City of Roanoke, Virginia (the "City"), the Facility to
be, and the facility financed with Prior Bonds, are located
in the City and the Council of the City of Roanoke, Virginia
(the "Council") constitutes the highest elected governmental
officials of the City; and
WHEREAS, the Authority recommends that the Council
approve the issuance of the Bdnds; and
WHEREAS, copies of the Authority's resolutions and a
certificate of the public hearing have been filed with the
Council.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ROANOKE, VIRGINIA:
1. The Council approves the issuance of the aforesaid
Bonds in the aggregate principal amount of $3,000,000 by the
Authority for the benefit of NSW, as required by Section
147(f) of the Internal Revenue Code, to permit the Authority
to assist in the financing of the Facility and the refunding
of the Prior Bonds.
2. The City Council hereby agrees to apply to the
Department of Housing and Community Development to request
an allocation of $1,200,000 of the State Ceiling for the
nonrefunding portion of the Bonds, pursuant to the Virginia
Industrial Development and Revenue Bond Act, and directs the
C~ty Manager to prepare and file an application therefor as
promptly as practicable.
3. The approval of the issuance of the Bonds, as
required by Section 147(f) of the Internal Revenue Code,
does not constitute an endorsement to a prospective
purchaser of the Bonds of the creditworthiness of the
Project or NSW, and, as required by Section 15.1-1380 of the
Code of Virginia of 1950, as amended, the Bonds shall
provide that neither the City nor the Authority shall be
obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and moneys
pledged therefor and neither the
taxing power of the Commonwealth,
shall be pledged thereto.
4. This Resolution shall
its adoption.
faith or credit nor the
the City nor the Authority
take effect immediately upon
ATTEST:
City Clerk
3
GEORGIA
BRUSSELS~ BELGIUM
VIRGf NIA
KNOXVILLE~ TENNESSEE
HUNTON
RIVERFRONT PLAZA, EAST TOWER
File No.: 30081.000042
Direct Dial: 804 788-8406
November 26, 1991
CERTIFIED MAIL --
RETURN RECEIPT REOUESTED
City Council of the City
of Roanoke, Virginia
Roanoke, Virginia 24011
$3,000,000
Industrial Development Authority
of the City of Roanoke, Virginia
(NSW Corporation Project)
Dear Sir:
In connection with the above-referenced financing, I enclose
for filing on behalf of the Industrial Development Authority of
the City of Roanoke, Virginia, a certified copy of United States
Internal Revenue Service Form 8038.
370/6174
Please indicate the receipt of the enclosed Form 8038 by
stamping the enclosed copy of this letter and return it to me
the enclosed postage paid envelope.
in
Enclosures
8038' I Information Return for Tax-Exempt
gn) / Private Activity Bond Issues
Di'oerm~m of me T~u~y ~ (U~ S~n 149(e))
W Repor~Jnl Authorl~ ~
Industrial Development Authority of the City of Roanoke, Virginia
54-1106038
310 First Street, N.W.
Roanoke, Virginia 24011
~~m'~f~' Industrial Development Refunding Revenue Bonds
(NSW Corporation Pro~ect), Series 1991A ~NON-AM~)
Type of Issue (check box(es) that al)Odles and enter the Issue Price fo~ each)
PA19 91 2
November ~(~, 1991
770087 BV5
10
11
12
15
14
18
17
11 ~ Oilier. D~scnM (see instructions) ~,....~.3.~.3..(9.)' .....
ExG,'~G~. faclti~ ~ond:
[] Air~ort (Sict3ons 142(aXe)aha 142(c)) ..................
~ O~U and w~a~es (~ons la2(aX2)and 1~2(c)) ..............
~ Ma~ commut ni fic~liti~ (s~l ohs la2(aX3~ 142(c)) ..............
~ water furms~ini fac~Jiti~ (s~cions 142(aXa~n~ 142(e)) .............
~ Sewaie ficditi~ (s~t~on 142(aX5))
Mfl~ni 2~50 t~ (s~ion 142(~X
M~tin~ ~ test (s~t~on 142(dX
M~tin{ 2~-~ t~t (NYC only) (~t]on 142(~X6)) .......
Has an el~zon ~n ma~e for d~o rent skewing, (s~mn ll2(dX4XB))? ~ y~ ~ No
....
L~I ~istrJct ~eatmi or c~lin{ ~acmt~ (~ions ll2(aX9) a~ 142~) .........
~uaiifi~ ha~rOous waste facditi~ (s~ions 142(aX 10) an~ 142(h)) ..........
Hi~-$~ mterc~ red fac~litz~ (s~ions 142(aXIl), 142(c), a~ 1420))
Ch~k ~x ,f you el~ not ~o claim
( ~t~o~) .
1986 A~
Em~ ~ .~m~ (EIN) of ;~;i¥~ 50 l(cX3) o~n~t~
Non--tumuli ~ ~ ~d (V~t~ as oewate ~w~ ~X~ 14 l(d))
~ Oesc. I)tlon ol' 8Qnds
$1,800,000
19 Ir;nal~aturrty ~11/01/2011 VR ~S 1,800,000
20 1,8oo,ooo
For PaF,~-w~k Reduction Act Notice, s4e pa~e 1 of t/te Instructlofll.
} 1,800,000 ~ '/~"~*~ - ~,,7/,,7,,~ ~;
j 1,800,000 119.931 /ea~
8038 * I Information Return for TaX-EXempt
gas) j Private Activity Bond Issues
(Un4ef Section 149(e))
Industrial Development Authority of the City of Roanoke, Virginia
310 First Street, S.W.
Roanoke, Virginia 24011
~am, 0f.~l Industrial Development Revenue Bonds
Check ~ox ~f Amended Return
54-1106038
PA19 91 . 3
November 2~, 1991
(NSW Corooration Project), Series 1991B (AMT) 770087 BW3
~ TyDe of Issue (check box(es) that applies and enter the Issue Price foe each) ! fuue P-ce
9 ~x4~p~ fac,lity
10
11
12
11
14
IS
x [] A,roort (sect,OhS 142(aX1)anc1142(c)) ...................
b [] 0ocks and w~arves (sections 142(aX2)ancl 1~2(c)) ............
c ~ Masscommut ne fac~ t es(sect OhS 142(aX3)and 142(c)) ..............
d [] Water furnishing facilities (sections 142(aX4)anc1142(a)) ..............
· [] Sewagefsc,lities(sect,on 142(aX5))
I t-T Qualifie~l remclent~al rental prolec~ (s~c~Jo~s 1~2(aX7) and 1a2(cl)). aa fo#ow~: .......
Meetine 20--50 test (secrmn ].~2(c~X IXA)) .......... I--]
Meetm~ 40-60 test (sectmm ~42(clX ].XB)) .......... []
Meetm{ 25-~0 test (NYC only) (sec'~zon 142(clX6)) ....... []
Has an electzon 13een matte for c~ee~ ~emt skewim~, (section I~2(clX4XB))? [] Ye~ [] No
h [] Facdities for ~he ~ocal furn~s.mg of electric e.erO or gas (section1 142(aXS)and 142(f)) ....
I [] Locat ~istrict ~eatmE or coolim~ tacditre~ (s~ctJons ~.42(aX9) and la.2(j)) .........
J [] Qualifie<l hazarclous waste facdities (sections &42(aX10) and 142(h)).
k [] Hign-s~ ,nterc~ty qil fac,itiee (s~cboms !.42(sX 11). 142(c). and 142(i)) .........
Check C)ox ,f you etecte,:l ~ot ~o cJa~m cle~'ec~atJom or amy tax credit (~ mstTuC'~ione) . I) []
I [] FacdJties allowed umc~er a ~rans~tm.al ~ule of the Tax I~eform Ac~ of ~,9~6 (~e m~tructio~s)
Facility ty~e ..................................
1986 Act
C~eck i:mx ~f you elect to re,ate arbitral. I~'ofitl to the U.S ............ I~ []
[] Qualifim:l veterans' mort~,a~,
Cbec~ ~ ~f you elect to re,ate sfO~tra~ profits to b~e U.$ ........ ~. []
~'~ Qualifi~:l small iuue ~:x~nd (sectm~ la.,l(s)). C~eck ~ f~. $].0 mdlio~ small ~ s~motm~ ~, ['~
[] Qualifie~l student loan bon~ (aactm~ 1ga(b)) ...................
[] Qualifies redevMoame~t ~ (~ 1~(¢))
Km~oy~r K~M'R:~:II~MI
[] Non~ovemmen~l OV~)U~ ~ I:mnd (tTeatecl as prrvate activity Ix~nclXsic~ 141((~))
[] Other. 0escnlx (S,N ~nstru~)ons) 1.
18
~ Oescrtptlon of Bonds
1,200,000
19 F';,alr~aturrty ', 11/01/2021 VR ~$1,200,000 ~ 1,200,000
~ ~t]re~uu, ~//~//~/~/////~//~/~/~ $X,200,000 } [,200,000
Fo~ P~G(k R~u~lon A~ Notice. m ~(e ~ of the In~ru~l~
CERTIFICATE OF ALLOCATION
OF PRIVATE ACTIVITY BOND AUTHORITY
On behalf of the Virginia Department of Housing and
Community Development (DHCD), the undersigned hereby certifies,
as follows:
Pursuant to the Virginia Private Activity Bond
Regulations, DHCD has made the following allocation of
private activity bond authority in the Commonwealth:
Allocation Date:
Locality:
Amount:
Project:
Bond Type:
Expiration Date:
November 1. 1991
City of Roanoke
$1.200.000
NSW Corporation
Manufacturinq
December 16. 1991
Witness my
Without independent investigation and based, in part,
on filings made with DHCD, the foregoing issue of bonds
for this project issued on or prior to the expiration
date, and with respect to which a copy of IRS Form 8038
shall have been received by DHCD prior to 5:00 p.m. on
the expiration date, when added to all private activity
bonds issued after December 31, 1990 and on or prior to
such expiration date will not exceed the 1991 State
Ceiling on private activity bonds for the Commonwealth
of Virginia, as established by the provisions of the
Internal Revenue Code of 1986; and therefore, the issue
of Bonds meets the requirements of Section 146 of the
Internal Revenue Code of 1986, as amended, (relating to
volume cap on private activity bonds).
signature this 1st day of November 1991.
POSTOFFICE BOX 2887 ~1 ~l ~ P3:13
(703) 344-3000
October 22, 1991
HAND DELIVERED
Members of the Roanoke City Council
c/o Mary F. Parker, Clerk
Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Re:
Industrial Development Authority of the
City of Roanoke $3,000,000 Revenue Bond
Financing (NSW Project) Series 1991
Gentlemen and Mrs. Bowles:
The Industrial Development Authority of the City of
Roanoke, Virginia (the "Authority"), has held a public
hearing for NSW Corporation ("NSW") which is requesting a
bond financing not to exceed $3,000,000 to (I) finance the
acquisition, construction and equipping of a new
manufacturing facility consisting of approximately 20,800
square feet to be located at 530 Gregory Avenue, N.E., in
the City of Roanoke, Virginia, and (2) refund the principal
amount of the Authority's $3,000,000 Industrial Development
Revenue Bonds ("NSW Corporation Project"), Series 1981, that
were issued to finance the NSW existing 30,000 square foot
manufacturing facility located at 530 Gregory Avenue, N.E.,
Roanoke, Virginia.
Enclosed is the formal information package explaining
the project and a form of resolution to be submitted for
action at your October 28, 1991 meeting.
Cordially yours,
Harwell~. Darby, Jr.
met:0042082
Enclosures
cc:
Mr. W. Bolling Izard w/encs.
Wilbur C. Dibling, Jr., Esq. w/encs.
Mr. W. Robert Herbert w/encs.
CERTIFICATE OF PUBLIC HEARING
The undersigned, Margaret R. Baker, secretary of the
Industrial Development Authority of the City of Roanoke,
Virginia (the "Authority"), does hereby certify as follows:
1. Publication of notice of a public hearing of the
Authority in accordance with the provisions of §15.1-1378.1
of the Code of Virginia, 1950, as amended, was made on
October 8, 1991 and October 15, 1991, in the Roanoke Times
and World News, a newspaper of general circulation published
in the City of Roanoke, Virginia. A copy of the notice and
a certificate of publication is attached hereto as Exhibit A.
2. The Authority held a public hearing as advertised
on October 22, 1991.
3. No comment from the general public was received by
the Authority at the public hearing.
4. At a special meeting of the Authority on October
22, 1991, at which a quorum of the directors of the
Authority was present and acting throughout, the Authority
adopted its resolution, a copy of which is attached hereto
as Exhibit B.
5. Attached hereto as Exhibit C is a fiscal impact
statement in conformance to §15.1-1378.2 of the Code.
Marg s~/R. Baker, S~reta~---/ 5
Indu ~/~Development Autho~
of t /C~ty~Qf Roanoke, Virginia
Attachments:
A - Copy of Notice and Publisher's
B - Resolution
C - Fiscal Impact Statement
Certificate
AD ~UHBEE - 100725588
PUBLISHER'S FEE - $254.60
200 FIRST CAMPBELL SQ
ROANOKE VA
TATE OF VIRGINIA
ITY OF ROANOKE
AFFIDAVIT OF
PUBLICATION
I, (THE UNDERSIGNED) AN AUTHORIZED
EPRESENTATIVE OF THE TIMES-WORLD £OR-
ORATIONs WHICH CORP~RATiON iS PUBLISHER
:F THE ROANCKE TIMES ~ WCRLD-NEWS~ A
AIL¥ NEWSPAPER PUBLISHED IN ROANOKE~ IN
HE STATE OF VIRGINIA~ DC CERTIEY THAT
HE ANNEXED NOTICE WAS PU@LISHED IN SAZD
EWSPAPERS ON THE F~LLCWING DATES
10/08/9i MORNING & EVENING
10/i5/91 MORNING E EVENING
AUTEOR[ZED SIGNATURE
RESOLUTION OF AUTHORITY
WHEREAS, there have been described to the Industrial
Development Authority of the City of Roanoke, Virginia (the
"Authority"), the plans of NSW Corporation (the "Company"),
to (a) acquire, construct and equip a new manufacturing
facility consisting of approximately 20,800 square feet (the
"Facility") to be located at 530 Gregory Avenue, N.E., in
the City of Roanoke, Virginia, and (b) refund the
outstanding principal amount of the Authority's $3,000,000
Industrial Development Revenue Bonds ("NSW Corporation
Project"), Series 1981 (the "Prior Bonds"), that were issued
t¢, finance the Company's existing 30,000 square foot
manufacturing facility located at 530 Gregory Avenue, N.E.,
Roanoke, Virginia; and
WHEREAS, the Company in its appearance before the
Authority and in its application filed with the Authority,
has described the benefits to the City of Roanoke and has
requested the Authority to agree to issue its Industrial
Development Revenue Bonds under the Virginia Industrial
Development and Revenue Bond Act (the "Act") in such amounts
as may be necessary to finance the cost of acquiring,
constructing and equipping the Facility and the refunding of
the Prior Bonds; and
WHEREAS, a public hearing has been held as required by
Section 147(f) of the Internal Revenue Code of 1986, as
amended (the "Code"), and Section 15.1-1378.1 of the Code of
Virginia of 1950, as amended (the "Virginia Code");
BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF ROANOKE, VIRGINIA:
1. It is hereby found and determined that the
location of the Facility for the Company in the City of
Roanoke, Virginia and the refunding of the Prior Bonds will
bring additional revenues and employment into the City of
Roanoke and will promote the industrial development and
economy of the City of Roanoke, benefit its inhabitants,
increase their commerce and promote their safety, health,
welfare, convenience and prosperity.
2. To induce the Company to locate the Facility in
the City of Roanoke and to refund the Prior Bonds, the
Authority hereby agrees, subject to required approvals and
the compliance of the proposed issue with applicable law, to
assist the Company to finance the acquisition, construction
and equipping of the Facility and the refunding of the Prior
Bonds by undertaking the issuance of its Industrial
Development Revenue Bonds therefor in an amount now
estimated at $3,000,000 (the "Bonds") upon terms and
conditions to be mutually agreed upon between the Authority
and the Company. The Facility may be sold by the Authority
to the Company pursuant to an installment sale or other
agreement or funds may be loaned to the Company by the
Authority pursuant to a loan agreement, which will provide
2
payments to or for the benefit of the Authority sufficient
to pay the principal of premium, if any, and interest on the
Bonds and to pay all other expenses in connection with
acquisition, construction and equipping of the Facility and
the refunding of the Prior Bonds. The Bonds shall be issued
in form and pursuant to terms to be set by the Authority and
the payment of the Bonds shall be secured by an assignment
for the holders thereof, of the Authority's rights to
payments under the installment sale, loan or other agreement
and may be additionally secured by the mortgage of the
Facility.
3. It having been represented to the Authority that
it is necessary to proceed immediately with the acquisition,
construction and equipping of the Facility and the refunding
of the Prior Bonds, the Authority hereby agrees that the
Company may proceed with the plans for the Facility, enter
into contracts for such acquisition and construction and
take such other steps as it may deem appropriate in
connection therewith, provided that nothing herein shall be
deemed to authorize the Company to obligate the Authority
without its consent in each instance to the payment of any
monies or the performance of any acts in connection with the
Facility or the refunding of the Prior Bonds. The Authority
agrees that the Company may be reimbursed from the proceeds
of the Bonds for all costs so incurred by it subsequent to
the passage of this resolution. The Authority also agrees,
if requested, to issue its notes to obtain interim financing
for the Facility on terms to be mutually agreed upon, such
notes to be guaranteed or otherwise secured by the Company
as required by the lender and the Authority~
4. The Authority shall accept, if requested, from or
on behalf of the Company conveyance of such land in the City
of Roanoke on which the Facility will be located. The
officers of the Authority are hereby authorized and directed
to accept and have recorded a proper deed or deeds in
connection with such conveyance. If for any reason the
Bonds are not issued, the Authority shall convey such
property to the Company or to such other person as the
Company may request, without cost other than the expense of
preparation and recordation of such deed or deeds of
conveyance.
5. The Authority agrees, if req~[ested, to accept the
recommendation of the Company with respect to the
appointment of an agent or underwriter for the sale of the
Bonds pursuant to terms to be mutually agreed upon.
6. The Company having requested the appointment of
Hunton & Williams as bond counsel in connection with the
issuance of the Bonds, the Authority hereby appoints Hunton
& Williams as bond counsel to supervise the proceedings and
approve the issuance of the Bonds.
7. The Chairman of the Authority is authorized, if
requested by the Company, to initiate a proceeding in the
4
Circuit Court of the City of Roanoke, Virginia, to provide
for the judicial validation of the Bonds authorized hereby
pursuant to Article 6 of the Public Finance Act of 1991, as
amended, and in connection therewith, to take whatever
further action, with advice of bond counsel and counsel for
the Authority, he may deem necessary or desirable.
8. All costs and expenses in connection with the
financing and the acquisition, construction and equipping of
the Facility and the refunding of the Prior Bonds, including
the fees and expenses of bond counsel, counsel to the
Authority and the agent or underwriter for the sale of the
Bonds, shall be paid from the proceeds of the Bonds, subject
to applicable limitations of federal and state law. If for
any reason such Bonds are not issued, it is understood that
all such expenses shall be paid by the Company and that the
Authority shall have no responsibility therefor.
9. The Authority intends that the adoption of this
resolution be considered as "official action" toward the
issuance of the Bonds within the meaning of the regulations
issued by the Internal Revenue Service pursuant to Sections
103 and 144 of the Code.
10. The Authority shall perform such other acts and
adopt such further resolutions as may be required to
implement its undertakings as hereinabove set forth, and if
requested by the Company, it will make application to the
Internal Revenue Service for such tax rulings as may be
5
necessary in the opinion of bond counsel. To that end, the
Chairman or Vice Chairman of the Authority is hereby
authorized to execute an appropriate power of attorney
naming counsel selected by the Company for such purposes.
11. The Authority recommends that the City Council of
the City of Roanoke approve the financing of the Facility
and the refunding of the Prior Bonds and that the City
Council apply to the Department of Housing and Community
Development to request an allocation of not more than
$1,200,000 of the "State Ceiling" for the nonrefunding
portion of the Bonds pursuant to Sections 15.1-1339, et.
seq., of the Virginia Code and applicable regulations
adopted by the Department of Housing and Community
Development.
6
FISCAL
IMPACT STATEMENT
Maximum amount of financing sought
Estimated taxable value of the
facility's real property to be
constructed in the municipality
Estimated real property tax per year
using present tax rates
Estimated personal property tax per
year using present tax rates
Estimated dollar value per year of
goods and services that will be
purchased locally
Estimated number of regular employees
on year-round basis (net new jobs)
Average annual salary per employee
$ 3,000,000
$ 650,000
$ 8,125
$ 12,709
$ 986,000
30
$ 20,000
i~i~mn~i!~o~!!°r~gYi~ifathe
MARY F. PARKER
City Clerk
CITY OF ROANOKI
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, lrn%4nia 24011
Telephone: (703)981-2541
October 30, 1991
File #60-467
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. 30758-102891 amending and reordaining certain
sections of the 1991-92 Grant Fund Appropriations, providing for appropriation of
funds to the following school grants:
Grant No. 6747
Grant No. 6431
Grant No. 6597
Grant No. 6598
Grant No. 6599
Grant No. 6751
Grant No. 6971
$4,000.00 - Adult Basic Education Program
$219.00 - Title III Vocational Training Program
$5,827.00 - Special Education Inservice Program
$9,792.00 - 1991-92 Transitionai Services Program
$90,753.00 - Preschool Incentive Program
$35,163.00 - 1991-92 Regional Adult Basic Education
Specialist Program
$4,700.00 - Hurt Park Tutorial Program
Ordinance No. 30758-102891 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 28, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc o
pc:
Mr. W. Robert Herbert, City Manager
Mr. Finn D. Pincus, Chair, 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
Mr. Barry L. Key, Manager, Office of Management and Budget
AN
1991-92
emergency.
WHEREAS,
Government of
exist.
THEREFORE,
Roanoke that
Appropriations,
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 28th Day of October, 1991.
No. 30758-102891.
ORDINANCE to amend and reordain
Grant Fund Appropriations,
VIRGINIA
certain sections of the
and providing for an
for the usual daily operation of the Municipal
the City of Roanoke, an emergency is declared to
BE IT ORDAINED by the
certain sections of the
be, and the same are
in part:
reordained to read as follows,
Council of the City of
1991-92 Grant Fund
hereby, amended and
A ro riations
Education
Adult Basic Education 91-92
Title III Vocational Training (2) .................
Special Education Inservice 91-92 (3) .............
Transitional Services 91-92 (4) ...................
Preschool Incentive Program 1992 (5-10) ...........
Regional Adult Basic Education
Specialist 91-92 (11-18) .........................
Hurt Park Tutorial Program (19-22) ................
Revenue
(1) ................... $25,536,494
150,947
219
5,827
9,792
90,753
35,163
9,400
Education $25,536,494
Adult Basic Education 91-92 (23) .................. 150,947
Title III Vocational Training (24) ................ 219
Special Education Inservice 91-92 (25) ............ 5,827
Transitional Services 91-92 (26) .................. 9,792
Preschool Incentive Program 1992 (27) ............. 90,753
Regional Adult Basic Education
Specialist 91-92 (28) ...... 35,163
1) Contracted
Services
2) Tuition
3) Inservice
Training
(035-060-6747-6450-0313) $ 4,000
(035-060-6431-6334-0382) 219
(035-060-6597-6229-0587) 5,827
4) Instructional
Materials
5) Diagnostic
Services
6) Inservice
7) Social
Security
8) Publications
9) Instructional
Supplies
10) Instructional
Equipment
11) Specialist
12) Clerical
13) Indirect Costs
14) Social
Security
15) Printing
Services
16) Communications
17) Travel
18) Equipment
19) Teacher
20) Social
Security
~21) Travel
22) Instructional
Supplies
23) Federal Grant
Receipts
24) Federal Grant
Receipts
25) State Grant
Receipts
26) Federal Grant
Receipts
27) Federal Grant
Receipts
28) Federal Grant
Receipts
29) State Grant
Receipts
(035-060-6598-6553-0614) $ 9,792
(035-060-6599-6553-0311) 35,020
(035-060-6599-6553-0129) 3,500
(035-060-6599-6553-0201) 2,680
(035-060-6599-6553-0613) 3,700
(035-060-6599-6553-0614) 18,092
(035-060-6599-6553-0821) 27,761
(035-060-6751-6143-0121) 17,000
(035-060-6751-6143-0151) 7,500
(035-060-6751-6143-0212) 588
(035-060-6751-6143-0201) 1,875
(035-060-6751-6143-0351) 1,000
(035-060-6751-6143-0523) 2,000
(035-060-6751-6143-0551) 4,000
(035-060-6751-6143-0821) 1,200
(035-060-6971-6000-0121) 3,745
(035-060-6971-6000-0201) 287
(035-060-6971-6000-0554) 500
(035-060-6971-6000-0614) 168
(035-060-6747-1102) 4,000
(035-060-6431-1102) 219
(035-060-6597-1100) 5,827
(035-060-6598-1102) 9,792
(035-060-6599-1102) 90,753
(035-060-6751-1102) 35,163
(035-060-6971-1100) 4,700
BE IT FURTHER ORDAINED
Ordinance shall be in effect
that, an emergency
from its passage.
existing, this
ATTEST:
City Clerk.
Finn D. Pincus, Chairman
Charles W. Day, Vice Chairman
Sallye T. Coleman
Roanoke
City School Board
Marilyn C. Curtis
Martho W. O'Neil
Thomas L. Orr
James M. Turner, Jr.
Fr~ ~'T~4~up erint ende nt
'91 OCT 17
P.O Box 13105, Roanoke, Virginia 24031 · 703-981-2381
October 16, 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 School Board action at its October 15, 1991 meeting,
the Board respectfully requests City Council to appropriate $270,000.00 which
represents the second request for proceeds from the 1991 Capital Maintenance and
Equipment Replacement Fund. The proceeds will provide funds for roof
replacement at Lincoln Terrace Elementary School and renovations at Addison
Middle School for the magnet program.
The Board further requests the appropriation of funds to the following school
accounts:
Grant No. 6747: $4.000.00 for the ~ Basic ~ Pr_Logxa~ to provide funds
for the education of adults who have not completed high school The monies
represent additional federal funding made available to Roanoke City to host the
1991-92 regional literacy coordinating committee.
Grant NO, 6431 :_ $219,00 for the Title III ~~ Proeram to provide
tuition for selected students to attend vocational classes offered b-y Roanoke City
Schools. The program will be one hundred percent reimbursed by federal funds.
r.O_La~ No. 65~_Z- $5.827.00 for the Soecial Education !nservice ~ to provide
fun. ds for the-training o~-~speciaf education program staff members and for
assistance to parents of handicapped students~ The program will be one hundred
percent reimbursed by state funds.
Grant NO, 6598 -_ ~ fgr the ~ ~ Services Pr_L0grA~ to provide
materials to ensure a smooth transition for handicapped students entering the
school system. One hundred percent of the expenditures will be reimbursed by
federal funds.
Excellence in Education
Members of Council
Page 2
October 16, 1991
Grant No. 6~99 :_$90.753,00 for the Preschool Incentive Program to provide
orientation and evaluation for handicapped students who will be entering the
public school system for the first time during the fall. The program will be
reimbursed one hundred percent by federal funds.
Grant N0. 6751 :_$35.163.00 for the 1991-92 Regional A__~.!LBasic Education
~ ~ to provide funds for the cost of the part-time specialist, part-
time clerical aide and services related to the operation of the program. The
program will be one hundred percent reimbursed by federal fund~
Grant No. 6971 -_ $4.700.00 for the Hurt Park Tutorial ~ to provide for an after
school tutorial program at Hurt Park School. Funds are provided one hundred
percent by the Department of Education and Central Fidelity Banks, Inc.
Richard L. Kelley
Clerk of the Board and
Executive for Business Affairs
rg
CC~
Mr. Finn D. Pincus
Dr. Frank P. Tota
Mr. William L. Murray, Jr.
Mr. Kenneth F. Mundy
Mr. W. Robert Herbert
Mr. Wilburn C. Dibling
Mr. Joel M. Schlanger (with accounting details)
D~I~AI~?M~I~IT OF FINANC~ CITY
cl'rY ol· I~OANOKI[, VA,
October 28, 1991
TO:
FROM:
SUBJECT=
Honorable Mayor and Members of City Council
Joel M. Schlanger, Director of Finance
School Board Request for the Appropriation of Funds
I have reviewed the attached request to appropriate funds for
the School Board.
Grants 6747, 6431, 6598, 6599, and 6751 are all one hundred
percent reimbursed by federal funds.
Grant 6971 for Hurt Park Tutorial Program is being funded one
hundred percent by the Department of Education and Central Fidelity
Banks, Inc. Grant 6597 is one hundred percent reimbursed by state
funds.
I recommend that you concur in the request of the School Board
on the above listed seven (7) grants.
The School Board also has requested an appropriation of
$270,000 which would represent their second request for proceeds
from the FY 1991 Capital Maintenance and Equipment Replacement
Fund. I have spoken with Mr. Kelley. I feel it is in the best
interest of the City at this time not to utilize these funds until
Honorable Mayor and Members
Roanoke City Council
October 28, 1991
Page 2
after the second quarter of the fiscal year in order to better
ascertain our financial condition. He concurs with my
recommendation to not appropriate these funds at this time.
JMS:s
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Capital Maintenance and Equipment Replacement Funds
Request II
001-060-6004-6681-0801
001-060-6004-6896-0809
001-060-6004-6896-0851
Appropriation Unit ZD1
Facility Maintenance
Roof Replacement
Addison Magnet Renovations
75,000.00
45,000.00
150,000 O0
$ 270e000.00
The above appropriation represents the second request for proceeds from the
1992 Capital Maintenance and Equipment Replacement Fund. Facility maintenance
costs to be incurred were deferred from the 1992 General Fund Budget. Roof
replacement at Lincoln Terrace School became necessary as a result of wind
damage and insurance proceeds will cover an additional $48,000 of the cost.
Renovations at Addison Middle School are necessary to accomodate the
introduction of the magnet programs at the school.
October 15, 1991
RO~IOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Adult Basic Education 91-92
6747
035-060-6747-6450-0313
Appropriation Unit Z75
Contracted Services
4,000.00
035-060-6747-1102
Federal Grant Receipts
4,000.00
The Adult Basic Education program will provide funds for the education of
adults who have not completed high school. The above additional appropriation
represents federal funds which have been made available to Roanoke City to
host the 1991-92 regional literacy coordinating committee. The program will
end June 30, 1992.
October 15, 1991
ROA~OI~ CIT~ SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Title III Vocational Training
6431
035-060-6431-6334-0382
Appropriation Unit Z4W
Tuition
$ 219.00
035-060-6431-1102
Federal Grant Receipts
219.00
The Title III Vocational Training program provides tuition for selected
students to attend the vocational classes offered by Roanoke City Schools.
The program will be one hundred percent reimbursed by federal funds. The
program ends June 30, 1992.
October 15, 1991
ROAi~OKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Special Education Inservice 91-92
6597
035-060-6597-6229-0587
Appropriation Unit Y5Q
Inservice Training
$ 5,827.00
035-060-6597-1100
State Grant Receipts
$ 5 827.00
The Special Education Inservice program will provide funds for the training of
special education program staff members and for assistance to parents of
handicapped students. The program is one hundred percent reimbursed by state
funds. The program will end June 30, 1992.
October 15, 1991
ROANOKE CITY SCHOOl, BOARD.
Roanoke, Virginia
APPROPRIATION RI~UEST
Transitional Services 91-92
6598
035-060-6598-6553-0614
Appropriation Unit Y5R
Instructional Materials
$ .. 9,792.00
035-060-6598-1102
Federal Grant Receipts
$ = 9,792.00
The 1991-92 Transitional Services program will provide materials to ensure a
smooth transition for handicapped students entering the school system. One
hundred percent of expenditures will be reimbursed by federal funds. The
program will end September 30~ 1992.
October 15, 1991
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION RF~.UEST
Preschool Incentive Program 1992
6599
035-060-6599-6553-0311
035-060-6599-6553-0129
035-060-6599-6553-0201
035-060-6599-6553-0613
035-060-6599-6553-0614
035-060-6599-6553-0821
Appropriation Unit Y5S
Diagnostic Services
Inservice
Social Security
Publications
Instructional Supplies
Instructional Equipment
35,020.00
3,500.00
2,680.00
3,700.00
18,092.00
27,761.00
$ 90,753.00
035-060-6599-1102
Federal Grant Receipts
$ 90,753.00
The Preschool Incentive Program will provide orientation and evaluation for
handicapped students who will be entering the public school system for the
first time during the fall. Instructional equipment purchases will include
classroom equipment and outdoor play structures. The program will be
reimbursed one hundred percent by federal funds and will end September 30,
199'2.
October 15, 1991
RO~NOI~ CItY SCffOOL ~OA~
Roanoke, Virginia
APPROPRIATION RF~UEST
Regional Adult Basic Education Specialist 91-92
6751
035-060-6751-6143-0121
035-060-6751-6143-0151
035-060-6751-6143-0212
035-060-6751-6143-0201
035-060-6751-6143-0351
035-060-6751-6143-0523
035-060-6751-6143-0551
035-060-6751-6143-0821
Appropriation Z79
035-060-6751-1102
Specialist
Clerical
Indirect Costs
Social Security
Printing Services
Communications
Travel
Equipment
Federal Grant Receipts
$ 17,000.00
7,500.00
588.00
1,875.00
1,000.00
2,000.00
4,000.00
1,200.00
$ ~163.00
$ 35 163.00
The 1991-92 Regional Adult Basic Education Specialist program will provide
funds for the costs of the part-time specialist, part-time clerical aid and
services related to the operation of the regional Adult Basic Education
program. One hundred percent of expenditures will be reimbursed by federal
Iunds. The program will end June 30, 1992.
October 15, 1991
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION RE~EST
Hurt Park Tutorial Program 91-92
6971
035-060-6971-6000-0121
035-060-6971-6000-0201
035-060-6971-6000-0554
035-060-6971-6000-0614
Appropriation Unit Z3X
035-060-6971-1100
Teacher $ 3,745.00
Social Security 287.00
Travel 500.00
Instructional Supplies 168.00
State Grant Receipts
$ 4,700.00
$ 4,700.00
The Hurt Park Tutorial Program is one hundred percent funded by the Department
of Education and Central Fidelity Banks, Inc. The above appropriation
represents additional funding. The program will provide for an after school
tutorial program at Hurt Park Elementary School. The program will end dune
30, 1992.
October 15, 1991
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
October 30, 1991
File #236-178
5A.NDRA. H. F-AKIN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30759-102891 approving the loan of Community
Development Block Grant (CDBG) funds to Eric Scott Key and Cynthia Gall Davis,
in connection with the City's Home Purchase Assistance Program, which loan amount
shall not exceed $24,000.00 for the purchase price, closing costs, attorney fees and
rehabilitation of property located at 1134 Fifteenth Street, S. E.; authorizing you
to execute documents approved as to form by the City Attorney necessary to
implement and administer the loans, including a Construction Disbursement
Agreement; 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 loan;
authorizing you to execute a certificate of satisfaction upon full payment and
satisfaction of the loans; and authorizing recordation by the City Attorney of the
certificate of satisfaction in the Office of the Clerk of the Circuit Court for the City
of Roanoke. Ordinance No. 30759-102891 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, October 28, 1991.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
pc:
Mr. Eric S. Key, 950 Niagara Road, Vinton, Virginia 24179
Ms. Cynthia G. Davis, 950 Niagara Road, Vinton, Virginia 24179
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 28th Day of October, 1991.
No. 30759-102891.
VIRGINIA,
AN ORDINANCE approving the loan of Community Development Block
Grant (CDBG) funds to an individual in connection with the City's
Home Purchase Assistance Program, authorizing the City Manager to
execute documents approved as to form by the City Attorney
necessary to implement and administer the loans, including a
Construction Disbursement Agreement, 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 loan, authorizing
the City Manager to execute a certificate of satisfaction upon full
payment and satisfaction of the loans, and authorizing recordation
by the City Attorney of the certificate 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
rehabilitation 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.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that:
1. The City Manager is hereby authorized to loan CDBG funds
in connection with the City's Home Purchase Assistance Program to
the individual identified in the City Manager's report dated
October 28, 1991, upon the terms and conditions set forth therein.
2. 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 Eric Scott Key and
Cynthia Gall Davis, which loan amount shall not exceed $24,000.00
for the purchase price, closing costs, attorney fees and
rehabilitation of the property at 1134 Fifteenth Street, S.E., in
accordance with the recommendations contained in the City Manager's
report of October 28, 1991.
3. To secure payment of the loan of CDBG funds made under
the Home Purchase Assistance Program and performance by the loan
recipients, the recipients shall execute a deed of trust and deed
of trust note, which document shall be approved as to form by the
City Attorney.
4. Wilburn C. Dibling, Jr., City Attorney, and Joel M.
Schlanger, Director of Finance (hereinafter "Trustees"), are hereby
authorized to serve as Trustees for and on behalf of the City as
beneficiary.
5. Pursuant to S26-49, 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.
6. Upon payment or full satisfaction of the debt secured by
the deed of trust and delivery of the canceled deed of trust note
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 Circuit Court of the City of Roanoke.
municipal
ordinance
In order to provide for the usual daily operation of the
government, an emergency is deemed to exist, and this
shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
RECEi'~E~
CITYCL~X~"S ==iCE
91 24 P12:I 2
Honorable Mayor and Members of Council
Roanoke, Virginia
Roanoke, Virginia
October 28, 1991
Dear Members of Council:
Subject: Community Development Block Grant Loans under the
Home Purchase Assistance Program
Background
A. $220,000 from the Virginia Housing Partnership Fund's Local HousinE
Rehabilitation Loan Program, and $2#0~000 in Community Deve]opme'~t
Block Grant (CDBG) funds were allocated to the Home Purchase
Assistance Program (HPAP) by City Council on June 26, 1989,
allowing the City to provide loans to low-moderate income households
agreeing to buy and repair certain identified substandard houses.
The Program is administered jointly by the City and the Roanoke
Redevelopment and Housing Authority (RRHA), as outlined in the City's
contract for services with the RRHA.
B. Program design is as follows:
State Department of Housing and Community Development (DHCD) 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
rehabilitation loan/grants available to qualifying low-moderate
income households at #% interest with 15 year terms.
City provides CDBG loans for purchase, closing costs and additional
property rehabilitation (beyond VHDA's $25,000 maximum if needed)
at #% interest with 10 ~ 15 year terms. These loans are approved
and serviced by the City.
3. RRHA oversees the rehabilitation repairs to the properties.
II. Current Situation
Home Purchase Assistance Program Selection Committee, which is composed
of both RRHA and City staff~ recommends approval of CDBG loan(s) as
outlined on Attachment A.
B. VHDA has notified the City of approval of the State rehabilitation
loan(s) for the low-moderate income household(s).
October 28~ 1991
Page 2
City CounciFs approval to provide loan of CDBG funds to the
low-moderate income households(s) is necessary to allow the
purchase and rehabilitation of a currently substandard vacant
property to occur through the Home Purchase Assistance Program.
III. Issues
A. Cost to the City.
B. Effect on Housing Conditions.
C. Timing.
l). Administration.
IV. Alternatives
A. Approve CDBG loan(s) as outlined on Attachment A 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 loan~ including Construction
Disbursement Agreement. 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 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. Note evidencing the loan and the
Deed of Trust (naming Joel M. Schlanger and Wilburn C. DiblJng~ Jr. as
Trustees) securing the loan to be approved as to form by the City
Attorney. (Attachment B)
Cost to the City will be the amount of CDBG loan(s) as outlined in
Attachment A. Funding is available in the Grant Fund in account
number 035-089-8920~5115. Funds will revolve back to the City over
a fifteen (15) year period with #% interest. The City will receive
increased tax revenue on the improved property.
Effect on housing conditions will be positive as home-ownership
opportunity will be provided to low-moderate income household(s)
who will rehabilitate and occupy a currently substandard vacant
property~ thereby contributing to neighborhood stabilization and
rejuvenation.
Timing is significant~ since delay in approving the loan(s) may
cause termination of agreement(s) between the buyer(s) and
seller(s). Immediate Council approval of the CDBG loan(s) will
allow closing to be held as provided in agreement(s) between the
buyer(s) and seller(s) of the property.
October 28, 1991
Page 3
4. Administration of the rehabilitation will be overseen by RRHA, as
Do
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.
not approve CDBG loans.
Cost to the City can be recognized as lost opportunity cost, as
vacant, deteriorating property will probably not be rehabili-
tated and occupied by a homeowner. The City will not receive
increased tax revenue from the improved property, and the tax
base of nearby properties is likely to suffer as well.
Effect on housing conditions will be negative as vacant, substan-
dard property 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 purchaser(s) and the seller(s) that the sale cannot close.
Administration would not be an issue.
V. Recommendation:
Adopt Alternative Ay thereby approving CDBG loan(s) as outlined in
Attachment A 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 loan, including
Construction Disbursement Agreement. 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 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. Note evidencing the loan and the Deed of Trust (naming 3oel M.
Schlanger and Wilburn C. Dibling, Jr. as Trustees) securing the loan to be
approved as to form by the City Attorney (Attachments B).
Respectfully submitted,
W. Robert Herbert
City Manager
October 28, 1991
Page g
BC:rs(CR.53.1~ .53.2, 33.3, 33.#)
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
ATTACHMENT A
On this date, October 25, 1991. Roanoke City Council is hereby requested to
approve:
CDBG loan not to exceed $24,000 under the Home Purchase Assistance
Program to Eric Scott Key and Cynthia Gall Davis for the purchase and
rehabilitation of 113# Fifteenth Street, SE, Tax Parcel #1112208.
BACKGROUND ON PROPERTY:
Purchase Price
Attorney's ~ees
Closing Costs
TOTAL CDBG LOAN
$22,000.00
500.00
1~500.00
$2#,000.00
Rehab Cost
City Assessment
Appraised Value (as is)
After Rehab Appraised Value
$20,020.00
#0,700.00
25,000.00
47,500.00
The property is being purchased through a HUD foreclosure sale.
ATTACHMENTS B
THIS IS A PURCHASE MONEY DEED OF TRUST
THIS DEED OF TRUST made as of the__ day of
by and between
(herein referred to as "Grantor") and Wilburn C. Dibling, Or., of the City of
,19
Roanoke, Virginia, and 3oel M. Schlanger, of the County of Roanoke, Virginia
(herein referred to as "Trustees"), either of whom may actl and the City of
Roanoke, Virginia (herein referred to as the "City") legal holder of the hereinafter
described note,
NO~V THEREFORE, V/ITNESSETH: That for and in consideration of the provi-
sions of this Deed of Trust (herein referred to as "Deed") and of $1.00 cash in
hand paid and other valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Grantor does hereby grant and convey unto the
Trustees, with General ~/arranty of title, the real property described with par-
ticularity in Exhibit A, which is attached hereto, together with all buildings,
improvements, and fixtures now or hereafter erected thereon, including without
limitation all apparatus, equipment, fixtures or articles, used to supply heat,
gas, air conditioning, water, light, power, refrigeration, ventilation, or 6ther
services, and all items of personal property and any other thing now or hereafter
therein or thereon used in connection with the real property including without
limitation screens, window shades, storm doors and windows, affixed floor
coverings, screen doors, venetian blinds, awnings, stoves and water heaters (all
of which are declared to be a part of said real property whether physically
attached thereto or not); and also together with all rights, privileges, appur-
tenances, easements belonging or in any way appertaining thereto or otherwise
relating to the real property, as well as any unearned hazard insurance premium
with respect to such real property, all of which are hereby pledged, assigned,
transferred and set over unto the Trustees, whether now due or hereafter to become
due (all of such real property herein referred to as "Property") .
IN TRUST, to secure to the City the performance and payment by
the Grantor of all present and future obligations arising out of the Note and
accompanying documents between Grantor and the City for an amount not to exceed
at any one time outstanding the pricipal sum of
($ ) 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 >rovisions:
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 itl 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 Domai% 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 full 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 assi§ns 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 lease in the name of and
for the account of Grantor, or Jn 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
shall 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
[ndebdtedness. 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 shall be in no way
personally liable under any of the provisions of such [ease or of this clause, and
shall not be personally liable to any person by virtue of the Jr 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 shah 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. Entr), 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,
Jn 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, shail 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 su£ficient. [t 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. ~¢ritten or Oral Representations of Default. Grantor further covenants that
the Trustees may rely upon the written or ora] 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 shah
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. fleirs~ Executors~ Administratorsl 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. ~/henever 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 of 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 shall 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 lndebtednesses. Such po[icy or policies shall, 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 including attorneys' fees which the City deems necessary
and appropriate therefor. The City shah 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 additionai 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 (including 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 shall 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
in the construction~ rehabilitatio% 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 all 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 [abor~ 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 o~[ license and permit fees, to
secure such approval, or to comply with such law 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) [t is agreed that the Grantor shah 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 o[ 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, shah 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 shah 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 o[ the Property except as a
single family residence without the prior approval of the City.
Page 6
18. Approvals and Authorizations. AIl 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; (lid 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 adiudicated 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 $~,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 $-~,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 Trustees, 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 ail 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.
2~. 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
2/5 Church Avenue
Room 170 - Building Department
Roanoke, VA 2~011-1592.
Upon the payment of all Secured lndebtednesses 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
EXHIBIT A
Property Description
Pa~e 9
CITY OF ROANOKE, VIRGINIA
DEED OF TRUST NOTE
$ Roanoke, Virginia
, 19
FOR VALUE RECEIVED, the undersigned iointly 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 (#%) 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_I, 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, shall 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 Joel M. Schlanger and Wilburn C. Dibling, Jr., 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 shall be in default, then the entire
principal amount outstanding hereunder and accrued interest thereon shall, 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 shall be
applied to reduction of the indebtedness in the inverse order of maturity of the
installments 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 all endorsers, sureties, guarantors
and assumers hereof (each a "Party" and collectively the "Parties" hereto),
hereby jointly and severally 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 in 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 3oel M. Schlanger.
WITNESS the following signatures and seal.
(SEAL)
(SEAL)
(address)
COMMONWEALTH OF VIRGIfflA
) 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
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
October 30, 1991
File #60-72
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. 30760-102891 amending and reordaining certain
sections of the 1991-92 General Fund Appropriations, providing for appropriation
of revenue, in the amount of $16§,000.00, representing funds from the State
Department of Social Services for Special Needs Adoption services. Ordinance No.
30760-102891 was adopted by the Council of the City of Roanoke at a regular meeting
held on Monday, October 28, 1991.
Sincerely, ~D~.~
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Eno.
pc:
Mr. W. Robert Herbert, City Manager
Mr. James D. Ritchie, Director of Human Resources
Ms. Corinne B. Gott, Superintendent of Social Services
Mr. Barry L. Key, Manager, Office of Management and Budget
AN
1991-92 General
emergency.
WHEREAS,
Government of
exist.
THEREFORE, BE IT
Roanoke that certain
Appropriations,
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 28th Day of October, 1991.
No. 30760-102891.
ORDINANCE to amend and reordain certain
Fund Appropriations, and
VIRGINIA
sections of the
providing for an
for the usual daily operation of the Municipal
the City of Roanoke, an emergency is declared to
ORDAINED by the Council of the City of
sections of the 1991-92 General Fund
be, and the same are hereby, amended and
reordained to read as follows, in part:
A o riations
Health and Weifare
Social Services-Services (1) ...................
~eve~u~
Grants-in-Aid Commonwealth Welfare (2) ....................................
1) Special Needs
Adoption (001-054-5314-3130) $165,000
2) Subsidized/
Special Needs
Adoption (001-020-1234-0673) 165,000
$14,508,341
6,352,719
$52,813,395
8,885,680
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
CITY ':! ~- ....~-~' ....
'91 00T22
October 28,1991
The Honorable Mayor and
Members of City Council
Roanoke, Virginia
Mayor and Members of Council:
SUBJECT: RE~[]EST FOR ADDITIONALADOPTION SUBSIDY FIR~DS
III.
I. BACKGROUND
Ao
The Department of Social Services is required to financially
subsidize adoptive families on behalf of children with special
needs who are considered to be hard to place and who might
otherwise remain in long-term foster care.
B. Children with special needs may have:
a physical, mental, or emotional disability existing before
adoption;
a hereditary tendency, congenital problem, or birth injury
that could lead to a future disability.
II. CURRENT SITUATION
Cost of Special Needs Adoption was underestimated in F/Y 91/92
by $165~000.
Subsidy costs have increased because children who are eligible
for special needs are also eligible for residential care if
needed.
Co
The Department of Social Services is reimbursed at 100% of the
cost.
ISSUES
A. Funding.
B. Legal.
Page Two
CC
IV. ALTERNATIVES
Ao
Appropriate revenue of $165,000 for Special Needs Adoption
services.
Funding is 100% reimbursed by the State Department of
Social Services.
Legal - City will fulfill legal commitment to provide
mandated services.
Do not appropriate revenue for Special Needs Adoption services.
1. Fundin~ - Not an issue.
Legal - City will not fulfill legal commitment to provide
mandated services.
V. RECOMMENDATION
City Council concur in the implementation of Alternative A and
increase Revenue estimates of funds received from the State
Department of Social Services in Account #001-020-1234-0675
and increase Expenditure Account #001-054-5314-3130 by $165t000.
Respectfully submitted,
W. Robert Herbert
City Manager
Wilburn C. Dibling, City Attorney
3oel M. Schlanger, Director of Finance
3ames D. Ritchie, Director of Human Resources
Corinne B. Gott, Superintendent of Social Services
October 28, 1991
24 2:58
TO:
FROH:
BUB~ECT:
Honorable Mayor and Members of City Council
Joel M. Schlanger, Director of Finance
CMERP Funds and September Financial Report
On August 12, 1991, I reported to City Council that the
tentative unaudited Capital Maintenance and Equipment Replacement
(CMERP) balance at June 30, 1901 was $1,447,957. I am pleased to
report to you today that actual AUDITED balance of CMERP funds at
June 30, 1991 is unchanged at $1,447,957. The City's external
audit for Fiscal Year 91 is complete and no adjustments to the
City's year end CMERP balance were needed.
These CMERP funds are based on Ordinance No. 26292 as passed
by City Council on December 6, 1982.
The allocations of the funds available were
formula used each year and are as follows:
City CMERP $ 617,303
School Board CMERP 830.755 *
calculated by
$1,447,957
(On September 23, 199~, City Council passed Ordinance No.
30704 which appropriated $268,958 for the School Board for the
purchase of textbooks, school buses, and the removal of fuel
oil tanks, leaving a balance available for School Board
purposes of $561,797.)
Honorable Mayor and Members
Roanoke City Council
October 28, 1991
Page 2
Because of current economic conditions, I would represent to
you that the most prudent financial avenue to follow at this time
would be not to consider any further CMERP requests until the
beginning of the third quarter of Fiscal Year 92 (January 1, 1992)
unless an emergency exists.
Attached for your review is a copy of the September 30, 1991
monthly financial report. The disturbing trends of the economic
slowdown are still continuing to plague City revenues. Sales tax
receipts are down 12.88% over the same period of time as last year
as well as Admission Tax (-5.59%) and Transient Room tax (-6.41%).
Meals tax for the first quarter of this fiscal year is totally flat
- collecting the same amount of funds as we did last year.
Real estate collections as well as personal property tax
collections have slowed down and are becoming increasingly harder
to collect.
We will continue to monitor all sources of revenue to the City
of Roanoke very closely and report to City Council any significant
changes.
JMS:s
Attachment
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
CONTINGENCY BALANCE
AS OF SEPTEMBER 30, 1991
General Contingency:
Balance July 1, 1991
Ord.
No, Danertment
CMT City Clerk
CMT Engineering
CMT City Attorney
CMT City Manager
30680 Police - Investigation
30697 Income Maintenance
Purpose
Excess Maintenance Contract Funds
Excess Maintenance Contract Funds
Excess Maintenance Contract Funds
Excess Maintenance Contract Funds
Portable Radios
Additional Position
Maintenance of Fixed Assets Contingency:
Balance July 1, 1991
$ 409,797
5,000
1,716
2,416
2,648
( 14,755)
( 10,432)
$ 398,390
200,000
Equipment Replacement Contingency:
Balance July 1, 1991
600,000
Supplemental Budgets:
Balance July 1, 1991
Ord.
No. Deoa~tmant
CMT Personnel
CMT Personnel
Total Contingency Balance
Purpose
Minority Recruitment
Minority Recruitment
2,100)
5,000)
$1;196f390
1
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
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 Commonwea(th
Grants-in-Aid Federal Government
Charges for Current Services
Miscellaneous Revenue
Internal Services
Total
Year to Date for the Pe~od
Current Fiscal Year
Revised
Jul 1-Sap 30 Jul 1-Sap 30 Percentage Revenue
1990-91 1991-92 of Change Estimates
$ 9,122,938 $ 9,708,334 6.42% $ 49,932,300
5,416,192 5,278,834 (2.54%) 38,694,556
134,316 136,929 1.95% 471 ,O00
158,079 144,783 (8.41%) 656,000
Peroent of
Revenue Estimate
Received
19,44%
13.64%
29.07%
22.07%
312,711 206,341 (34.02%) 916,740 22.51%
6,108,390 5,951,490 ( 2.57%) 32,395,386 18.37%
2,569,946 3,553,201 38.26% 24,310,041 14.62%
16,784 5,824 (65.30%) 27,000 21.57%
583,934 470,200 (19.48%) 3,215,407 14.62%
400,426 52,084 (86.99%) 168,100 30.98%
3371988 296,837 {12.18%) 1,730,300 17.16%
$25r161,704 $25,804,857
2.56% ~ 152,516,830
16.92%
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, end
Cultural
Community Development
Education
Debt Service
Nondepartmental
Year to Date for the Period
Current Fiscal Year
Jul l-Sap 30 Jul l-Sap 30 Percentage Unencumbered Revised Budget
1990-91 1991-92 of Change Balance Ai)Dro~riations Obligated
$ 2,209,501 $ 2,330,332 5.47% $ 6,339,071 $ 8,669.403 26.88%
886,156 868,963 (1.94%) 2,538,453 3,407,416 25.50%
6,854,719 8,710,757 27.08% 20,523,962 29,234,719 29.80%
4,999,827 6,317,030 26.34% 13,395,538 19,712,568 32.05%
2.703,587 3,483,266 28.84% 10,860,075 14,343,341 24.28%
1,029,819 1,182,864 14.86% 2,738,884 3,921,748 30.16%
463,636 196,526 {57.61%) 628,816 825,342 23.81%
10,484,606 12,537,023 19.58% 53,539,841 66,076,864 18.97%
4,459,387 4,911,580 10.14% 3,639,587 8,551,167 57.44%
106,736 552,090 417.25% 2,902,028 3,454,118 15.98%
Total
$ 341157f974 $ 41f090~431 20.15% $ 117,1061255 $ 158 196 686
25.97%
3
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF SEPTEMBER 30, 1991
General Government
Education
Recreation
Streets and Bridges
Sanitation Projects
Traffic Engineering
& Communications
Other Infrastructure
Projects
Capital Improvement
Reserve
Total
Prior Year Currant Year Total Expanditurea Unexpended Outetanding Unencumbered
9,690,126 5,479,923 15,170,049 9,990,083 5,179,966 2,690,331 2,488,635
680,000 194,300 854,300 786,332 67,968 67,968
5,260,373 3,728,840 8,989,213 5,697,230 3,291,983 845,233 2,446,760
5.182,229 1,393,864 6,576,093 6,016,378 559,715 50,423 509,292
1,305,076 1,305,076 1,077,541 227,535 31,837 195,698
14,555,689 5,430,398 19,986,087 13,182,402 6,803,685 2,168,342 4,635.343
4,145~090 (12,157~797) (8.012.707) (8.012.707) { 8,012,707)
$ 46~258f027 $ 6f050¢921 $ 52f308~948 $ 41f301~036 $ 11f0071912 $ 6;748~433 $ 4f259~479
4
CITY OF ROANOKE
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 3 MONTHS ENDING SEPTEMBER 30, 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
1991
394,245
503,253
29,601
539
262,834
115,013
1,305,485
238,928
284,272
90,818
91,670
705.68~
599,797
178,599
421,1~8
24,259
2,625
3,260
30,144
451,342
451,342
1990
$ 311,873
427,575
25,024
6,541
288,540
109,440
1,168,993
228,888
260,052
83,139
46,740
618.~19
550,174
175.65~
374,519
38,801
1,425
2,719
42,945
417,464
1,000
1,000
$ 416,464
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
Exoenditures
$ 115,060
82,270
3,110
19,000
171,481
12,103
9,007
1,188,362
161.225
1,761,618
1.150.999
$ 610.619
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 3 MONTHS ENDING SEPTEMBER 30, 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
Operating Expenses
Total Operating Expenses Before Depreciation
Operating Income Before Depreciation
Less: Depreciation
Operating Income
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
1991
$ 1,191,776
142,257
51,629
168,742
15,402
29,737
1,984
1,601,527
365,647
955,524
1,321,171
28O,356
241,814
38,542
25,229
27.508
52,737
91,279
1990
$ 1,124,438
182,819
71,873
287,088
17,692
25,558
6,455
1,715,923
348,565
838,188
1,186,753
529,170
237,313
291,857
36,843
18,874
55,717
347,574
12,518 16,700
12,518 16,700
78.761 $ 330.874
7
SEWAGE TREATMENT FUND
(CONTINUED)
Capital Outlay Not included in Operating Expenses:
Proiect
Other Equipment
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
Exoenditures
9,634
63,176
36,097
25,799
821,145
36.2~3
992,134
868,12~
$ 124,014
NOTE: Some of these projects are continued from prior years with inception to date totals.
8
ROANOKE REGIONAL AIRPORT COMMISSION
COMPARATIVE INCOME STATEMENT
FOR THE 3 MONTHS ENDING SEPTEMBER 30, 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
Noise Study Grant
Runway Maintenance Grant
State Promotion Grant
Miscellaneous
Total Non-Operating Income
Income Before Non-Operating Expenses
Less: Non-Operating Expenses
Interest Expense
Interest Expense 88 Revenue Bond Issue
Total Non-Operating Expenses
Net Income
1991
198,531
24,036
722.726
945.293
294,475
334,484
628.959
316,334
4~,114
56,299
11,747
62,305
11,815
1,115
143.2~1
191,395
23,813
132.712
$ 34,~79
199~
166,726
74,452
784.821
1.025.99~
249,852
279.772
529,624
496,375
227.693
57,261
16,621
15,000
3,430
320,005
23,460
134.728
158.1~8
$ 161~817
9
ROANOKE REGIONAL AIRPORT COMMISSION
(CONTINUED)
Capital Outlay Not Included in Operating Expenses:
Project
Furniture and Equipment
Vehicular Equipment
Paint Hangers
Unidentified Construction
Roof Repairs - Replacement
Refurbish Buildings
Environmental Compliance
Replace Security Fencing
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
Exoenditures
$ 5,762
13,957
2,750
9,922
18,553
9,106
3,800
9,780
283,886
8,667
41,847
122,798
19,450
53.170
603,448
316,321
287.127
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 3 MONTHS ENDING SEPTEMBER 30, 1991
Operating Revenue:
Rentals
Parking Fee
Event Expenses
Advertising
Admissions Tax
Commissions
Total Operating Revenue
Less: Operating Expenses Before Depreciation
Operating: 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 Income {Loss)
1991
87,738
17,165
39,337
3O0
24,741
22.856
192,139
148,470
58,113
162,009
16,073
1,185
385,850
193,711)
89,884
283.595)
1990
$ 89,5O3
9,233
28,969
900
22,627
21.842
173,074
149,060
59,552
182,619
8,47O
1,357
401,058
227,984)
87,671
315.655)
2,062} 10,088
1,390 486,102
672) 496,190
284.267} ~
11
CIVIC CENTER FUND
(CONTINUED)
Capital Outlay Not Included in Operating Expenses:
Proiect
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~
$ 12,930
50,000
213,585
581,972
22.422
880,909
867.979
$ 12.930
NOTE: Some of these projects are continued from FYg0 with inception to date totals.
12
CITY OF ROANOKE
TRANSPORTATION FUND
INCOME STATEMENT
FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1991
Operating Revenue:
Williamson Road Parking Garage
Market Square Parking Garage
Church Avenue Parking Garage
Tower Parking Garage
Surface Parking Lots
Total Operating Revenue
Less: Operating Expenses Before Depreciation
Operating Expenses
Total Operating Expenses Before Depreciation
Operating Income Before Depreciation
Less: Depreciation
Operating Income
Add: Non-Operating Income
Transfer from General Fund
Interest on Investments
Miscellaneous
Total Non-Operating Income
Income Before Non-Operating Expenses
Less: Non-Operating Expenses
Operating Subsidy for GRTC
Total Non-Operating Expenses
Net Income
1991
43,743
47,941
111,528
715
14.880
218.~07
107,740
107,740
111,067
94,386
16,681
300,000
( 1,028)
2~3
299.2~5
315,936
300.000
300.000
15.936
13
CITY OF ROANOKE
INTERNAL SERVICE FUND
COMPARATIVE INCOME STATEMENT
FOR THE 3 MONTHS ENDING SEPTEMBER 30, 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 Income
Add: Non-Operating Income
Interest on Investments
Total Non-Operating Income
Net Income
1991
,929,524
.929.524
1,121,755
440,723
1,562,478
367,046
153,106
213,940
33,551
33,551
1,910,715
1,910,715
1,080,444
475,083
1,555,527
355,188
127,954
227,234
30,480
30,45Q
257,714
14
INTERNAL SERVICE FUND
(CONTINUED)
Capital Outlay Not Included in Operating Expenses:
Proiect
Management Services - Furniture and Equipment
City Information Systems - Automated Library Equipment
Fleet Management - Other Equipment
UtiliW Lines Services - Furniture and Equipment
Total
Year to Date
Exoenditures
$ 5,569
8,261
1,790
1,252
16.912
15
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED SEPTEMBER 30, 1S91
TO THE DIRECTOR OF FINANCE'
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE VIRGIr,~IA FOR THE
FUNDS OF SAID CITY THE MONTH ENDED SEPTEMBER 30 1991
FUND BALANCE AT RECEIPTS DISBURSEMENTS B,~.ANC E AT 8,ALANCE AT
AUG,31, 1~t91 SEPT. 30. 1!991 SEPT 30 1990
GENERAL $5,828.380.97 $15,103.704.89 $12.447.384.21 $8,484-,701.65 $7.662.382.26
WATER 1.698.011,02 :'84.445.92 126.700.B9 $t,855,7,56,0,5 1.622.534.81
SEWAGE 1.819.968.26 1.053.680.53 927.359.43 $1~946,289,36 2.454.604.07
AIRPORT 4.298.509.85 366,303.70 266,576.44 Ect,$gB,237.1 1 3.225.582.59
CIVIC CENTER (306.433,53) 51.349.50 121.733.04 (,$376,817,04) 348.728.50
NT_ERNAL SERV{C E '_2.718.270.13 :~67,6~1.19 111.899.06 $8',873,99~-26 1.481.3:~7.14
TRANSPO RTAT'ON (96.456.63) 357.455.62 151.657,54 $109,34t.4-5 0.00
CAPITAL 13.347079.53 105.524.74 11.536.536.65 $1,916,067.62 18.325.496.96
DEBT SERVICE 2.969,540.09 3.574.472.73 439.234.22 $6,104,778,60 187.497.85
PENSION (139.626.91) 683.000.00 547.836.24 ($4,463.15) ('3.009.16)
FDETC f320.035.00) 148.601.12 %1 634 12 (.$303,068,00) {146.747.54)
GRANT PROGRAMS 196.635.13 566.911.63 420,687.63 ~42,859.13 353.136.62
P~YRO~ 14,173,005.83) 6,318,888.14 7,729,876.52 f$5.583,994-.213 f.3,803.113.10)
TOTAL $27.840,837.08 $28,881,959.71 S34,959,115.96 $21,76-3,680,83 $32,208,421.00
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 ENDED SEPTEMBER 30, 1991
THAT SAID FOREGOING:
CASH:
CASH IN HAND
CASH tN BANK
INVEgTMENTS ACQUIRED FROM COMPETiTIVE PROPOSALS:
CERTIFICATES
OF DEPOSIT
DOMINION BANK
$1 ~834;005jI6
'1~429 675.67
UNITED .~I'ATES
SECURiTIES
$18,500.000.00 18~500,000~00
TOTAL ,,
GORDON E PETERS. ROANOKE CI~ TREASURER
16
CITY OF ROANOKE PENSION PLAN
STATEMENT OF REVENUE AND EXPENSES
FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1991
R~venue
City's Contributions
Investment income
Gain (Loss) on Sale of Investments
Income from Bond Discount Amortization
Total Revenue
1991
1,183,236
477,012
1,588,537
76.720
$ 3.285.505
1990
$ 1,172,017
306,198
( 12,438)
48.393
1.514.170
Exoenses
Pension Payments
Fees for Professional Services
Active Service Death Benefit
Expense From Bond Premium Amortization
Administrative Expense
Total Expenses
Net Income
1,623,690
5,336
50,328
3.602
1,682.956
1.602.549
1,353,168
2,803
11,644
40,209
8.351
1,416,175
97.995
17
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
AS OF SEPTEMBER 30, 1991
A~isets
Cash
Investments:
(market value -
Due From Other Funds
Other Assets
Total Assets
1991 9130,213,560
1990 9104,278,381)
1990
9( 4,463) 9( 5,383)
115,417,206 104,933,649
275 25
18.000
$ 115~431,018
$ 104.928.291
Liabilities and Fund Balance
Due to Other Funds
Total Liabilities
Fund Balance, July 1
Net income Year to Date
Fund Balance
Total Liabilities and Fund Balance
9 541,310 9 406.576
541,310 406.576
113,287,159 104,423,720
1.602,549 97.995
114.889,708 104,521,715
$ 115~431~018 ~
18
MAR~ 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
October 30, 1991
File #1
SANDRA H. EAI(IN
Deputy City Clerk
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Resolution No. 30761-102891 authorizing you to negotiate and
secure short-term loans from time to time in the name and on behalf of the City
pursuant to §49 of the Charter of the City in a principal amount not to exceed
$10,000,000.00 at any time; fixing the form and certain other details of such notes;
authorizing you to solicit proposals for a line of credit to negotiate and enter into a
Line of Credit Agreement in the name of and on behalf of the City with respect to the
short-term loans evidenced by such notes; and otherwise providing with respect
thereto. Resolution No. 30761-102891 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, October 28, 1991.
Sincerely, ~g)~
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Eric.
pc: Mr. W. Robert Herbert, City Manager
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
October 30, 1991
File #1
.~kNDI~ H. EAKIN
Deputy City Clerk
Mr. Wilburn C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Dear Mr. Dibling:
For the purpose of filing with the Clerk of the Circuit Court, I am attaching a
certified copy of Resolution No. 30761-102891, adopted by the Council on Monday,
October 28, 1991, authorizing the Director of Finance to negotiate and secure short-
term loans from time to time in the name of and on behalf of the City, in a principal
amount not to exceed $10,000,000.00.
Sincerely, ~)Ck.~_
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
lhe 28th Day of October. 1991.
No. 30761-102891.
A RESOLUTION authorizing the Director of Finance of the~City
of Roanoke, Virginia, to negotiate and secure short-term loans from
time to time in the name and on behalf of the City pursuant to S49
of the Charter of the City in a principal amount not to exceed Ten
Million Dollars ($10,000,000) at any time; fixing the form and
certain other details of such notes; authorizing the Director of
Finance to solicit proposals for a line of credit and to negotiate
and enter into a Line of Credit Agreement in the name of and on
behalf of the City with respect to the short-term loans evidenced
by such notes; and otherwise providing with respect thereto.
WHEREAS,
(the "City"),
negotiate and
S49 of the Charter of the City of Roanoke, Virginia
provides that the Council shall have the power to
secure short-term loans for the purpose of paying
current expenses, debts or contractual obligations of the City;
WHEREAS, such ~49 provides that such loans shall be evidenced
by bonds or notes bearing interest, payable in not more than one
year from the date of issue;
WHEREAS, such ~49 further provides that the aggregate of such
short term bonds and notes outstanding at any one time shall not
exceed the revenue for such fiscal year nor shall it exceed an
amount equal to twenty-five per centum of the revenue from all
sources collected by the City in the preceding fiscal year; and
WHEREAS, in the judgment of the Council, it is desirable to
authorize the Director of Finance of the City (a) to negotiate and
secure short-term loans from time to time in the name of and on
behalf of the City pursuant to S49 of the Charter of the City in a
principal amount not to exceed Ten Million Dollars ($10,000,000) at
any time for the purpose of paying current expenses, debts or
contractual obligations of the City and to issue general obligation
short-term notes of the City pursuant to such S49 to evidence such
short-term loans, and (b), in connection with such short-term
loans, to solicit proposals for a line of credit and to negotiate
and enter into a Line of Credit Agreement in the name of and on
behalf of the City with respect to the short-term loans to be
evidenced by such notes;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke, Virginia, as follows:
1. Pursuant to ~49 of the Charter of the City, for the
purpose of paying current expenses, debts or contractual
obligations of the City, the Director of Finance of the City is
hereby authorized to negotiate and secure short-term loans from
time to time in the name of and on behalf of the City in a
principal amount not to exceed Ten Million Dollars ($10,000,000) at
any time. The short-term loans authorized hereby shall be
evidenced by general obligation short-term notes of the City to be
designated "City of Roanoke, Virginia, General Obligation Short-
Term Notes" (the "Notes"). In connection with the securing of the
2
short-term loans authorized hereby, the Director of Finance of the
City is authorized to solicit proposals for a line of credit with
respect thereto and to negotiate and enter into a line of credit
agreement (the "Line of Credit Agreement") in the name of and on
behalf of the City providing for the short-term loans contemplated
hereby. The Line of Credit Agreement
shall be approved by the City Attorney.
short-term loans authorized under this
evidencing such short-term loans
1992.
The Director of Finance is
shall be in such form as
The final maturity of the
resolution and the Notes
shall not be later than June 30,
hereby authorized to issue the
Notes from time to time to evidence the short-term loans authorized
hereby with the principal amount of such Notes at any time
outstanding to be equal to the unpaid principal balance of the
short-term loans evidenced thereby. Each such Note shall be dated
the date of its issuance and delivery; shall be issued in fully
registered form; shall be in such denomination as the Director of
Finance shall determine at the time of issuance thereof; shall
mature not later than June 30, 1992; and shall bear interest
(payable at such times and calculated on such basis as shall be
determined by the Director of Finance at the time of issuance
thereof) at a rate not in excess of ten percent (10%) per annum.
Prior to or contemporaneously with the issuance of any Note
hereunder, the Director of Finance shall execute and retain in his
records a certificate, dated the date of issuance of such Note,
3
stating (1) that such Note is being issued pursuant to §49 of the
Charter of the City and this resolution; (ii) that such Note is
payable not more than one year from the date of issue thereof;
(iii) that the aggregate of the Notes and all other short-term
loans under S49 of the Charter outstanding at the time of issuance
of such note does not exceed the revenue for the then current
fiscal year of the City; and (iv) that the aggregate of the Notes
and all other short-term loans under S49 of the Charter outstanding
under ~49 of the Charter of the City at the time of issuance of
such Note do not exceed an amount equal to twenty-five per centum
of the revenue from all sources collected by the City in the
preceding fiscal year.
The Notes shall be subject to prepayment at the option of the
Director of Finance without penalty prior to their stated
maturities.
The Notes shall be executed, for and on behalf of the City, by
the Director of Finance.
The principal of and interest on the Notes shall be payable in
such coin or currency of the United States of America as at the
respective dates of payment thereof is legal tender for public and
private debts, upon presentation and surrender at the office of the
Director of Finance.
The Notes shall be in substantially the form set forth as
Exhibit A hereto or in such other form as shall be specified by the
Line of Credit Agreement.
4
2. The full faith and credit of the City shall be and is
irrevocably pledged to the punctual payment of the principal of and
interest on the Notes as the same become due. Unless the principal
of and interest on the Notes shall be paid from proceeds of the
bonds of the City or any other available funds, there shall be
assessed, levied and collected, at the same time and in the same
manner as other taxes in the City are assessed, levied and
collected, upon any property in the City subject to taxation by the
City a tax sufficient to provide for the payment of the principal
of and interest on the Notes as the same become due.
3. The City covenants and agrees to comply with the
provisions of SS103 and 141-150 of the Internal Revenue Code of
1986 and the applicable Treasury Regulations promulgated thereunder
throughout the term of the Notes.
4. This resolution shall constitute complete authority for
all actions deemed necessary or desirable by the Director of
Finance or the City Attorney in connection with the matters
contemplated hereby, and no further action of the Council of the
City shall be required with respect to the negotiation and securing
of the short-term loans and the issuance of the Notes evidencing
such short-term loans or the solicitation of the line of credit
with respect thereto or the negotiation and entering into of the
Line of Credit Agreement, all as contemplated hereby.
5. The City Attorney of the City is hereby directed to file
a copy of this resolution, certified by the City Clerk of the City
5
to be a true copy hereof, with the Clerk of the Circuit Court of
the City of Roanoke, Virginia.
6. This resolution shall take effect upon its passage.
ATTEST:
City Clerk.
EXHIBIT A
(FORM OF NOTE)
UNITED STATES OF AM~.RICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION SHORT-TERM NOTE
No. R-
REGISTERED HOLDER:
PRINCIPAL SUM:
DOLLARS
KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the
Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and
hereby promises to pay to the Registered Holder (named above), or registered assigns, on
(subject to the right of prepayment hereinafter mentioned), the Principal
Sum (specified above), and to pay interest on such Principal Sum from the date of this Note
until the date of maturity or earlier prepayment hereof, payable on the date of maturity or
earlier prepayment hereof, at the rate of per centum ( %)
per annum calculated on the basis of [actual days elapsed over a year of 360 days]. The
principal of and interest on this Note are payable upon presentation and surrender hereof
at the office of the Director of Finance of the City, in the City of Roanoke, Virginia.
Principal of and interest on this Note are payable in any coin or currency of the United
States of America which, on the respective dates of payment thereof, shall be legal tender
for public and private debts.
This Note is one of a series of Notes of like date, denomination and tenor
except as to number, issued for the purpose of paying current expenses, debts or contractual
obligations of the City, under and pursuant to and in full compliance With the Constitution
and statutes of the Commonwealth of Virginia, the Charter of the City, and a resolution and
other proceedings of the Council of the City duly adopted and taken thereunder.
This Note is subject to prepayment at the oPtion of the Director of Finance
of the City prior to its stated maturity at any time Without penalty. ·
-2-
It is certified, recited and declared that all acts, conditions and things required
to exist, happen or be performed precedent to and in the issuance of this Note do exist, have
happened and have been performed in due time, form and manner as required by law, and
that the amount of this Note, together with all other indebtedness of the City, does not
exceed any limitation of indebtedness prescribed by the Constitution or statutes of the
Commonwealth of Virginia or the Charter of the City.
The full faith and credit of the City are irrevocably pledged to the punctual
payment of the principal of and interest on this Note as the same become due.
IN WITNESS WHEREOF, the City has caused this Note to be executed by
the manual signature of the Director of Finance of the City; and this Note to be dated the
day of ., 199_.
CITY OF ROANOKE, VIRGINIA
Director of Finance
DEPARTMENT OF FINANCE CITY
October 28, 1991
~1 ff;T 24 ~t:32
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
Joel M. Schlanger, Director of Finance
Short Term Line of Credit
The City of Roanoke's cash flow (actual cash collections) is significantly weighted
to three annual tax collection deadline dates:
· October 5 - First half Real Estate Tax;
· April 5 - Second half Real Estate Tax;
· May 31 - Personal Property Tax.
General property tax revenues historically provide one-third of the total general fund
annual revenues. The month preceding and the month of the tax payment deadline
provides a positive cash flow to the General Fund. The following monthly tabulation of
net General Fund receipts and disbursements indicates the cumulative negative cash flow:
Honorable Mayor and Members
of City Council
October 28, 1991
Page 2
Cumulative
Month Recoils* Disbursements* Net Net
July, 1990 $10,513,430 $<15,144,629> $<4,631,199> $< 4,631,199>
August 8,405,421 < 10,971,198 > <2,565,777> < 7,196,976>
Sq~tember 14,659,625 < 9,749,158> 4,910,467 < 2,286,509>
October 18,216,543 < 13,930,116 > 4,286,427 1,999,918
November 8,694,564 <17,467,484> <8,772,920> < 6,773,002 >
December 8,509,216 < 14,008,413 > < 5,499,197 > < 12,272,199 >
January, 1991 11,817,936 < 13,716,001 > < 1,898,065 > < 14,170,264 >
February 12,543,003 < 14,060,528 > < 1,517,525 > < 15,687,789 >
March 15,022,607 < 12,203,257 > 9,819,350 < 12,868,439 >
April 19,109,661 < 9,648,109> 9,461,552 < 3,406,887>
May 23,493,783 < 11,617,171 > 11,876,612 8,469,725
June 11,157,043 < 19,063,482 > < 7,906,439 > 563,286
* Per City Treasurer's Monthly Accountability Statement
The maximum negative cash flow balance occurred in February, 1991 which
totaled $15.7 million. The necessary actual cash to make up for this amount of negative
cash flow is provided from year end General Fund balances, Capital Projects Fund and
Debt Service Fund. The General Fund year end balances have decreased during the
previous two fiscal years (1990 and 1991) even though General Fund revenues and
expenditures increase annually. The following chart indicates a trend that reduces
available cash from year end fund balances of the General Fund:
Honorable Mayor and Members
of City Council
October 28, 1991
Page 3
Percent of
Total Year End Net
Total* Year End* Net General Fund Fund Balance to
Yea.__~r Fund Balance Encumbrnnce~ Fund Balanna Exl~enditur~ Expenditures
FY 1986 $ 3,764,162 $<1,147,670> $2,616,492 $120,291,599 2.2%
FY 1987 6,292,034 < 1,755,047 > 4,536,987 122,814,643 3.7%
FY 1988 9,800,034 < 3,266,418 > 6,533,616 135,139,978 4.8%
FY 1989 11,911,532 <4,486,684> 7,424,848 147,170,476 5.0%
FY 1990 7,044,132 <2,668,282> 4,375,850 159,128,167 2.8%
FY 1991 8,529,537 <5,410,897 > 3,118,640 165,403,414 1.9%
(unaudited)
*Per Audited Annual Financial Repol~s
The net year end fund balance has decreased 3.1% since FY 1989. For the City
to be in a similar FY 1989 financial position at FY 1991 year end the net fund balance
should have been $8,270,171 (5% x $165,403,414) instead of the $3,118,640 shown
above. The difference equates to beginning the new FY 1991-92 year with $5,151,531
less cash.
The 1986 Tax Reform Act requires that all federal tax exempt bond issue proceeds
be invested and used only for capital projects for which they were issued. Therefore,
unspent bond proceeds are no longer eligible to provide any cash flow to meet current
operating expenditures between tax collection dates. General Fund revenues transferred
to the Capital Projects Fund to fund major capital projects approved by City Council has
declined as year end fund balances of the General Fund have declined.
Honorable Mayor and Members
of City Council
October 28, 1991
Page 4
Construction of two parking facilities (Tower and Downtown East) has increased
temporary cash flow requirements of $6.8 million and $3.5 million.
In order to effectively plan and provide cash flow requirements of the General
Fund, it would be in the best interest of the City to establish a short-term line of credit
of $10,000,000. This line of credit would only be used for timely payments of payrolls,
vendors' invoices, and other required operating expenses.
I recommend the line of credit (temporary loan) be established in accordance with
§15.1-227.30, Code of Virginia (1950), as amended, and §49 of the City Charter. These
provisions authorize the Director of Finance to establish a line of credit based on
In establishing this line of credit the following requirements are
competitive proposals.
recommended:
1.
2.
Open line of credit with maximum authority of $10,000,000.
Any borrowing shall be evidenced by a note approved as to form by the
City Attorney. Such notes shall mature and be paid within one year from
the date they are issued.
Competitive proposals shall be obtained by the Director of Finance as he
deems reasonable.
Honorable Mayor and Members
of City Council
October 28, 1991
Page 5
Any outstanding principal or interest balance shall be liquidated to zero on
each October 15 and April 15. (Ten days after Real Estate due dates.)
No outstanding principal or interest balance shall exist as of each June 30.
The Director of Finance is authorized to use open line of credit when he
deems it to be in the best interest of the City.
The Director of Finance SHALL report to City Council within two working
days, of any time he evokes this authority and likewise report to City
Council when such line of credit is paid off.
The City Attorney has prepared the attached resolution which provides the Director
of Finance the authority to establish and use the open line of credit as outlined above.
I recommend your adoption of this resolution.
JMS:s
Attachment
CC'
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
WILBURN C. DIBLI#G, JR.
CITY OF
OFFICE OF THE CITYAT/~:!': ~ ~ ~ :~
464 MUNIOIPAL BUILDING
ROANOI~., MRGINIA 24011-1595
?ELEPHONE~ 7~4~,..24at '91
November 5, 1991
~0¥ -6 Atl :47
MIl.lAM X PARSONS
MARK ALLAN WILLIAMS
ST'EVEN J. TAll:VI
KATHLEEN MARIs: KRONAU
The Honorable A. Dale Hendrtck, Clerk
Circuit Court for the City of Roanoke
315 Church Avenue, S. W.
Roanoke, Virginia 24016
Re:
City of Roanoke Short Term Loans pursuant
to §49 of City Charter in principal amount
not to exceed $10,000,000
Dear Dale:
At the City Council meeting of October 28, 1991, City Council
adopted Resolution No. 30761-102891 authorizing the Director of
Finance to negotiate and secure short term loans from time to time
on behalf of the City pursuant to 949 of the City Charter in the
principal amount not to exceed $10,000,000 at any time. The
foregoing resolution requires the City Attorney to file a copy of
this resolution, certified by the City Clerk to be a true copy,
with the Clerk of the Circuit Court for the City of Roanoke.
Pursuant to the direction of City Council's resolution, I am
enclosing a certified copy of Resolution No. 30761-102891 which I
request that you file among the permanent papers maintained by your
Office.
With kindest personal regards, I am
Wilburn C. Dibling, Jr.
City Attorney
WCD:f
Enclosure
cc: W.//Robert Herbert, City Manager
~6el M. $chlanger, Director of Finance
/Mary F. Parker, City Clerk
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
October 30, 1991
File #60-178
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. 30762-102891 amending and reordaining certain
sections of the 1991-92 Grant Fund Appropriations, providing for appropriation of
$66,022.00 in program income received from the City of Roanoke Redevelopment and
Housing Authority, and other miscellaneous program income. Ordinance No. 30762-
102891 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, October 28, 1991.
Sincerely, /f~
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Ms. Marie T. Pontius, Grants Monitoring Administrator
Mr. Barry L. Key, Manager, Office of Management and Budget
THE COUNCIL OF THE CITY OF ROANOKE,
28th 0ay of 0¢tober, 1991.
No.
AN ORDINANCE to amend and reordain
the 1991-92 Grant Fund
emergency.
WHEREAS,
Government of the
exist.
certain sections 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 re riations
Community Development Block Grant - FY91
Unprograntmed CDBG (1-3) .............................
Revenue
Community Development Block Grant - FY91 (4-8) ......
1) Unprogrammed CDBG -
Parking Lot Income
2) Unprogrammed CDBG -
Float Loan Interest
3) Unprogrammed CDBG -
Home Purchase
Program
4) Parking Lot Income -
5) Other Income - RRHA
6) Loan Payment - NNEO
7) Interest on Float
Loan
8) Home Purchase Program
(035-090-9040-5183)
(035-090-9040-5188)
$ 46,038
17,469
(035-090-9040-5192) 2,515
(035-035-1234-9102) 59,710
(035-035-1234-9103) (13,672)
(035-035-1234-9109) ( 5)
(035-035-1234-9121) 17,474
(035-035-1234-9122) 2,515
$2,188,031
66,022
$2,188,031
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk
October 28, 1991
24 R2
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
Joel M. Schlanger
Appropriation of Program
Redevelopment and Housing
Program Income
Income Received from Roanoke
Authority and Other Miscellaneous
Proaram Income from RRHA
By agreement with the City of Roanoke, the Roanoke Redevelopment and
Housing Authority administers a large segment of the City's Community Development
Block Grant Program. The Housing Authority receives program income during the
course of its administration of various projects by renting properties and by receiving
rehabilitation loan repayments from project area residents. The Housing Authority is
required to transfer this program income to the City of Roanoke. The City of Roanoke
is required to use the income for a community development activity.
The Housing Authority has made payment to the City in the amount of
$46,038 through June 30, 1991, for the following program income:
$46,038 in parking lot rentals in the Downtown East
Project in excess of parking lot income previously
appropriated
Miscellaneous Proqram Income
The City has received the following miscellaneous program income:
$17,474 representing interest earned on the CDBG float loan to
Fralin and Waldron for the Market Building. This amount is in
excess of the amounts previously appropriated.
Honorable Mayor and Members of City Council
Page 2
October 28, 1991
92,515 in loan repayments received by the City under the Home
Purchase Assistance program.
9(5) in CDBG loan repayments from the Northwest Neighborhood
Environmental Organization (NNEO). This is the difference
between what was previously appropriated and actually received
in FY91.
I recommend that City Council appropriate the total of 966,022 in
program income received from the Housing Authority and other sources as follows:
946,038 to account 035-090-9040-5183, Unprogrammed CDBG-
Parking Lot Income
917,469 to account 035-090-9040-5188, Unprogrammed CDBG -
Interest on Float Loan
92,515 to account 035-090-9040-5192, Unprogrammed CDBG -
Home Purchase Assistance Program loan repayments
These amounts will be available for further appropriation transfers for
community development purposes.
JMS/kp
CC:
W. Robert Herbert, City Manager
Marie Pontius, Grants Monitoring Administrator
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virg/nia 24011
Telephone: (703)981-2541
October 30, 1991
File #467-2
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. 30763-102891 authorizing execution of a
Sublease Agreement with the Jefferson Center Foundation, Ltd., for the sublease
of 15,000 square feet of office space in the renovated Jefferson High School
Building; and authorizing the proper City officials to execute the sublease agreement
on behalf of the City. Ordinance No. 30763-102891 was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, October 28, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
EHC o
pc:
Mr. Beverly T. Fitzpatrick, Sr., President, Jefferson Center Foundation,
Ltd., 2425 Nottingham Road, S. E., Roanoke, Virginia 24014
Mr. Joel M. Schianger, Director of Finance
Ms. Deborah J. Moses, Chief of Billings and Collections
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 28th Day of October, 1991.
No. 30763-102891.
AN ORDINANCE authorizing execution of a Sublease Agreement
with the Jefferson Center Foundation, Ltd., for the sublease of
15,000 square feet of office space in the renovated Jefferson High
School Building; authorizing the proper City officials to execute
the sublease agreement on behalf of the City; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. The Sublease Agreement between the City and the Jefferson
Center Foundation, Ltd. ("JCF"), providing for the sublease of
approximately 15,000 square feet of office space in the renovated
Jefferson High School Building, such agreement to be in
substantially the form attached to the City Manager's report to
Council dated October 14, 1991, is hereby APPROVED.
2. 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, a Sublease Agreement between the
City of Roanoke and JCF which document shall be approved as to form
by the City Attorney.
3. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITYA'IWORNEY
484 MUNiCiPAL BUILDING
ROANGKF-, VIRGINIA 24011-1595
WILRURN C. DIBLING, JR.
October 28, 1991
WILLIAM X PARSONS
MARK ALLAN WILLIAMS
STEVEN Jo TALEVI
KATHLEEN MARIE KRONAU
AgSI~TA#T crrY AITORNEY8
Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re:
Dear Mrs.
Sublease Agreement between the City of Roanoke and the
Jefferson Center Foundationr Ltd.
Bowles and Gentlemen:
The report of the City Manager dated October 14, 1991,
concerning the bid for restoration, renovation and operation of the
Jefferson High School Building as a mixed use community center
recommended a sublease of a 15,000 square foot portion of the
renovated Jefferson High School building from Jefferson Center
Foundation, Ltd. to the City of Roanoke. The ordinance authorizing
this sublease was inadvertently omitted from the agenda of October
14, 1991. The appropriate ordinance is attached hereto and is
recommended for your adoption. Adoption of the ordinance at this
time will not delay the execution of the documents as scheduled.
I will be happy to answer any questions you may have.
With my kindest personal regards, I am
Sincerely yours,
Wilburn C. ng, Jr.
City Attorney
WCDj/KMK:sm
Attachment
cc: W. Robert Herbert, City Manager
Mary F. Parker, City Clerk
MARY F. PAI~R
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vh-ginia 24011
Telephone: (703)981.2541
October 30, 1991
File#514-237-23
SANDRA H. EAKIN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30765-102891 accepting the bid of H & S
Construction Company for construction of a gravity retaining wall and related work
at Patterson and Campbeli Avenues, S. W., upon certain terms and conditions, in
the total amount of $13,725.00. Ordinance No. 30765-102891 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, October 28,
1991.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc o
pc:
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. Kit B. Kiser, Director of Utilities and Operations
Ms. Dolores C. Daniels, Citizens' Request for Service
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 28th Day of October, 1991.
No. 30765-102891.
VIRGINIA,
AN ORDINANCE accepting the bid of H. & S. Construction
Company, of Roanoke, Virginia, for construction of a gravity
retaining wall and related work at Patterson Avenue, $.W., and
Campbell Avenue, S.W., 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
follows:
1.
IT ORDAINED by the Council of the City of Roanoke as
The bid of H. & $. Construction Company, in the total
amount of $13,725.00, for construction of a gravity retaining wall
and related work at Patterson Avenue, S.W., and Campbell Avenue,
S.W., as more particularly set forth in the October 28, 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. 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.
MARY F. PA]~(ER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 30, 1991
File #60-514-237-23
SANDI{A H. EAKIN
Deputy City Clerk
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30764-102891 amending and reordaining certain
sections of the 1991-92 Capital Fund Appropriations, providing for appropriation of
$15,000.00 from Capital Improvement Reserve to Retaining Wall -
Campbell/Patterson, in connection with award of a contract to H & S Construction
Company for construction of a gravity concrete retaining wall and related work at
Patterson and Campbell Avenues, S. W. Ordinance No. 30764-102891 was adopted
by the Council of the City of Roanoke at a regular meeting held on Monday, October
28, 1991.
Sincerely, ~.~__
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. Kit B. Kiser, Director of Utilities and Operations
Ms. Dolores C. Daniels, Citizens' Request for Service
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE C~TY OF RO~OKE~
The 28th Day of October, 1991.
No. 30764-102891.
AN ORDINANCE to amend and reordain
1991-92 Capital
emergency.
WHEREAS,
Government of
exist.
Fund Appropriations,
certain sections of the
and providing for an
for the usual daily operation of the Municipal
the City of Roanoke, an emergency is declared to
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1991-92 Capital Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Other Infrastructures $ 18,643,135
Retaining Wall - Campbell/Patterson (1) ........... 15,000
Capital Improvement Reserve (7,629,292)
Capital Improvement Reserve (2) ................... 663,338
1) Appropriations from
General Revenue
2) Appropriations from
General Revenue
(008-052-9679-9003) $ 15,000
(008-052-9575-9181) (15,000)
BE IT FURTHER ORDAINED
Ordinance shall be in effect
that, an emergency
from its passage.
existing, this
ATTEST:
City Clerk.
Roanoke, Virginia
October 28, 1991
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Bid Committee Report
Gravity Retaining Wall
and Related Work at
Patterson and Campbell, S.W.
Roanoke, Virginia
II.
III.
Background:
Bids, following proper advertisement, were
publicly opened and read aloud before City Council
on October 14, 1991 for this project.
Eight (8) bids were received with H. & S.
Construction Company, of Roanoke, Virginia,
submitting the low bid in the amount of $13~725.00
and 4--5 consecutive calendar days.
Contract covers the construction of a gravity
concrete retaining wall, partial removal of the
existing wall that is/has failed, and stabilizing
the embankment between Campbell and Patterson
Avenue, S.W.
Issues in order of importance are:
Compliance of the bidders with the requirements of
the Contract Documents.
B. Amount of the low bid.
C. Funding of the project.
D. Time of completion.
Alternatives are:
Award a lump sum contract to H. & $. Construction
Company, of Roanoke, Virginia, in the amount of
$13~725.00 and 4--5 consecutive calendar days for
Construction of Gravity Retaining Wall and Related
Work at Campbell and Patterson Avenue, S.W., in
accordance with the contract documents as prepared
by the City Engineer's office.
Page 2
IV.
Compliance of the bidders with the
requirements of the contract documents was
met.
2. Amount of the low bid is acceptable.
Fundinq is available in account number
008-052-9575-9181, Capital Improvement
Reserve - Streets and Bridges.
Time of completion is quoted as 4--5
consecutive calendar days which is
acceptable.
Reject all bids and do not award a contract at
this time.
Compliance of the bidders with the
requirements of the contract documents would
not be an issue.
Amount of the low bid would probably increase
if rebid at a later date.
3. Fundinq would not be encumbered at this time.
Time of completion would be extended. This
project is to replace a failed retaining wall
holding Campbell Avenue. It is important to
replace this wall as soon as possible.
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. & $. Construction Company
for construction of Gravity Retaining Wall and
Related Work at Campbell and Patterson Avenue,
S.W., in accordance with the contract documents as
prepared by the City Engineer's Office in the
amount of $13,725.00 and 4--5 consecutive calendar
days.
Page 3
Authorize the Director of Finance to establish a
capital account for this project, "Retaining Wall
- Campbell/Patterson" in the amount of $15~000.00.
Funding is available in account number
008-052-9575-9181, Capital Improvement Reserve -
Streets and Bridges, as follows:
Contract Amount
Project Contingency
$13,725.00
1~275.00
TOTAL PROJECT
$15,000.00
Reject the other bids received.
Respectfully submitted,
William W~ite, Sr., Chairman
William F. Clark
WW/LBC/mm
Attachment: Tabulation of Bids
cc:
City Attorney
Director of Finance
Citizens' Request for Service
City Engineer
Construction Cost Technician
TABULATION OF BIDS
GRAVITY RETAINING WALL
AND RELATED WORK AT
PATTERSON AND CAMPBELL, S.W.
ROANOKE, VIRGINIA
FOR CITY OF ROANOKE
JOB NO. 12-90B
Bids opened before Roanoke City Council on Monday, October 14,
1991 at 7:30 p.m.
BIDDER I LUMPSUM I DAYS I BOND
H. & S. Construction Company $13,725.00 45 YES
Breakell, Inc. $18,390.00 75 YES
Construction Services $19,654.00 80 YES
of Roanoke, Inc.
Williams Painting and $21,349.00 60 YES
Remodeling, Inc.
Acorn Construction, Ltd. $21,950.00 90 YES
Avis Construction Company, $22,545.00 60 YES
Inc.
Q. M. Tomlinson, Inc. $27,234.00 100 YES
Montvale Construction, Inc. $29,300.00 60 YES
Engineer's Estimate:
$25,000.00
William WSite, Sr., Chai-r~{a'n
William F. Clark
Kit B. Kiser
Office of City Engineer
Roanoke, Virginia
October 28, 1991
MARY F. PARLOR
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. $.W. Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 16, 1991
File #514-237-23
~I~DRA Ii. EAKIN
Deputy City Clerk
Mr. William White, Sr., Chairman )
Mr. William F. Clark ) Committee
Mr. Kit B. Kiser )
Gentlemen:
The following bids for a gravity retaining wall and related work at Patterson and
Campbell Avenues, S. W., were opened and lead before the Council of the City of
Roanoke at a regular meeting held on Monday, October 14, 1991:
BIDDER BASE BID
H & S Construction Company
Breakell, Inc.
Construction Services of Roanoke, Inc.
Williams Painting & Remodeling, Inc.
Acorn Construction, Ltd.
Avis Construction Company, Inc.
Q. M. Tomlinson, Inc.
Montvale Construction, Inc.
$13,725.00
18,390.00
19,654.00
21,349.00
21,950.00
22,545.00
27,234.00
29,300.00
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
MARY F. PARKER
City Clerk
CITY OF ROANOKF.
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V~wginia 24011
Telephone: (703)981-2541
October 30, 1991
File//132-40
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,
October 28, 1991, on motion, duly seconded and adopted, you were requested to
report to Council by Monday, November 11, 1991, with regard to specific facts in
connection with all reasonable alternatives for devising a voting plan or plans for
election of City Council Members, along with a timetable for accomplishing the
required actions.
Sincerely, ~,~
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
pc: Mr. Wilburn C. Dibling, Jr., City Attorney
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Vh'ginia 24011
Telephone: (703)981-2541
October 30, 1991
File #51
5k4a~DRA H. EAKIN
Deputy City Clerk
Mr. W. Heywood Fralin
Attorney
3912 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Fralin:
I am enclosing copy of Ordinance No. 30751-102891 rezoning property located at
3526, 3534, 3538 and 3542 Melrose Avenue, N. W., 1025 36th Street, N. W., Official
Tax Nos. 2660301 - 2660304, inclusive, and 2660309 and 2660310, from C-2, General
Commercial District and RM-1, Residential Multi-Family, Low Density District, to
RM-4, Residential Multi-Family, High Density District, subject to certain conditions
proffered by the petitioner. Ordinance No. 30751-102891 was adopted by the Council
of the City of Roanoke on first reading on Monday, October 21, 1991, also adopted
by the Council on second reading on Monday, October 28, 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:
RVW Enterprises, c/o National Pools of Roanoke, Inc., P. O. Box 6354,
Roanoke, Virginia 24017
Mr. and Mrs. Herbert Akers, 1024 36th Street, N. W., Roanoke, Virginia
24017
Mr. and Mrs. Melvin Mabry, 1006 36th Street, N. W., Roanoke, Virginia 24017
Caru Realty Company, 3530 Dona Drive, N. W., Roanoke, Virginia 24017
Mr. Floyd J. Cosby, Jr., P. O. Box 2863, Roanoke, Virginia 24001
Ms. Agnes W. Harris, 1014 35th Street, N. W., Roanoke, Virginia 24017
Ms. Kay Grosart and Ms. Marjorie H. Grosart, 1020 35th Street, N. W.,
Roanoke, Virginia 24017
The Clean Machine, Inc., P. O. Box 1586, Charlottesville, Virginia 22902
The Roanoke Mental Hygiene Service, Inc., 920 South Jefferson Street, Suite
410, Roanoke, Virginia 24016
Mr. W. Heywood Fralin
October 30, 1991
Page 2
pc:
Rose Land Development Partnership, 3527 Melrose Avenue, N. W., Roanoke,
Virginia 24017
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 Vaiuation
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 Commisaioner/Zoning Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Ms. Doris Layne, Office of Real Estate Valuation
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
September 30, 1991
File #51-514
SANDRA H. F. AKIN
Deputy City Clerk
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to the authority contained in Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, I have set public hearings for Monday, October 14, 1991,
at 7:30 p.m., on the following matters:
Request of Lady Bird Apparel, Inc., a Virginia Corporation,
represented by Mr. Richard R. Sayers, Attorney, that a certain
ten foot alley, more or less, commencing from Williamson Road and
terminating at the property of the applicant which abuts the Roy
L. Webber Expressway located in Sections 3 and 4, Map of
Jefferson Land Company, be permanently vacated, discontinued
and closed.
Request of Lady Bird Apparel, Inc., a Virginia Corporation,
represented by Mr. Richard R. Sayers, Attorney, that property
located at 1255 Williamson Road, S. E., containing 3.132 acres,
identified as Official Tax Nos. 4030210-4030212, inclusive, and
4030222, be rezoned from LM, Light Manufacturing District, to
C-2, General Commercial District, subject to certain conditions
proffered by the petitioner.
Request of Ms. Evelyn L. Gish, represented by Mr. Claude D.
Carter, Attorney, that a tract of land located on U. S. Route 460
(Orange Avenue, N. E.), containing 2.000 acres, identified as
a combination of Official Tax Nos. 7110106 and 7110122, be
rezoned from RS-3, Residential Single Family District, to C-2,
General Commerciai District, subject to certain conditions
proffered by the petitioner.
Request of Total Action Against Poverty in Roanoke Valley, Inc.,
a Virginia Corporation, represented by Mr. W. Heywood Fraiin,
Attorney, that properties located at 1025 36th Street, N. W.,
Official Tax Nos. 2660310 and 2660309; 3534 Melrose Avenue,
N. W., Official Tax No. 2660303; 3526 Melrese Avenue, N. W.,
Official Tax No. 2660304; 3542 Melrose Avenue Avenue, N. W.,
Official Tax No. 2660301; and 3538 Melrose Avenue, N. W.,
The Honorable Mayor and Members
of the Roanoke City Council
September 30, 1991
Page 2
Official Tax No. 2660302, containing 2.72 acres, more or less, be
rezoned from C-2, General Commercial District and RM-1,
Residential Multi-Family, Low Density District, to RM-4,
Residential Multi-Family High Density District, subject to certain
conditions proffered by the petitioner.
For your information, I am enclosing copy of the City Planning Commission reports
on the abovedescribed rezonings and street closures.
If you desire additional information prior to the public hearings, please do not
hesitate to call me.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
PH. LET2
Ene o
pc:
Mr. W. Robert Herbert, City Manager
Mr. Earl B. Reynolds, Jr., Assistant City Manager
Mr. Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 28th Day of October, 1991.
No. 30751-102891.
AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 266, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
WHEREAS, application has been made to the Council of the City
of Roanoke to have the hereinafter described property rezoned from
C-2, General Commercial District, and from RM-1, Residential Multi-
family, Low Density District, to
High Density District; and
WHEREAS, the City Planning
RM-4, Residential Multi-family
Commission, which after giving
proper notice to all concerned as required by S36.1-693, 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
application at its meeting on October 14, 1991, after due and
timely notice thereof as required by $36.1-693, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both
for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid
application, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, is of the opinion that the
hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that S36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 266 of the Sectional 1976 Zone Map, City of
Roanoke, be amended in the following particular and no other:
Property located at 3526, 3534, 3538 and 3542 Melrose Avenue,
N.W., and 1025 36th Street, N.W., designated on Sheet No. 266 of
the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos.
2660301-2660304, inclusive, and Nos. 2660309 and 2660310, be, and
are hereby rezoned from C-2, General Commercial District, and RM-1,
Residential Multi-family, Low Density District, to RM-4,
Residential Multi-family, high Density District, subject to those
conditions proffered by and set forth in the
Petition, filed in the Office of the City Clerk
1991, and that Sheet No.
respect.
266 of the Zone Map be
ATTEST:
Second Amended
on September 6,
changed in this
City Clerk.
Education
£mplw~nent
Health
Housing and
Homelessness
Neighborhoods
Economic
Development
Crime Prevention
Cabell Brand
Georgia Meadows
Elizabeth Bowles
Rev. Ealy Ogden
Monty Plymale
D. Stan Barnhill
John Berry
Bmty Carpenter
Lynn Davis
Elmare Dennis
Bettie Epps
Ted Feinout
Joseph Gaither
Jeanne Goddard
Cleo Hardy
Zane Jones
A. C. Jordan
Hilda Larson
Betty Littleton
Gertrude Logan
Rev. Edgar Mayse
Norma Meeks
Dorothy MenderLhall
A. W. Merr ~il
Rosa Mfiiler
Meredith L. Mills
Lewis Nelson
Eloise Pack
Lewis Peery
Larry Renfroe
Rev. James E. Reynolds
Mal~ka Shakoor
William Sparrow
Elizabeth Stokes
W. D. Ward
Charles L. Walson
Post Office Box 2868
Roanoke, Virginia
24001-2868
(703) 345-6781
Fax (703) 345-4461
EECE ~FEF
CITY r
~1 I~T 14 P3:42
MEMORANDUM
TO:
FROM:
DATE:
RE:
Mary Parker
City Clerk
Alvin Nash '
Deputy Director
October 14, 1991
Zoning Approval for the HUD Elderly Housing
Project at Melrose Avenue and 36th Street
We are currently scheduled to app?ar before City Council on
October 14, 1991 in reference to zonlngapproval of the Section
202 HUD Elderly Housing project to bebuilt at Melrose Ave and
36th Street.
This memo is to request that this agenda item be rescheduled for
action at Council's next meeting on Monday, October 21, 1991.
This delay is requested in order to complete additional research
and be better prepared to present this matter to City Council.
Thank you for your consideration in this matter.
'91 ~26 ~t:33
Roanoke City Planning Commission
October 14, 1991
The Honorable Noel C. Taylor,
and Members of City Council
Roanoke, Virginia
Mayor
Dear Members of Council:
Subject:
Request from Total Action Against Poverty in
Roanoke Valley, Inc., that property located at
3526, 3534, 3538 and 3542 Melrose Avenue,
N.W., described as Official Tax Nos. 2660301-
2660304, inclusive, and currently zoned C-2,
General Commercial District, and that property
located at 1025 36th Street, N.W., described
as Official Tax Numbers 2660309 and 2660310,
and currently zoned RM-1, Residential
Multifamtly, Low Density District, be rezoned
to RM-4, Residential Multifamily, High Density
District, such rezoning to be subject to
certain conditions proffered by the
petitioner.
I. Backqround:
Purpose of the rezoning request is to provide for the
construction of a 72-unit elderly and handicapped housing
apartment facility.
B. Petition to rezone was filed on August 14, 1991.
First amended petition to rezone was filed on August 16,
1991. The following conditions were proffered by the
petitioner:
That the property will be developed in substantial
conformity with the site plan prepared by The
Architects Design Group, dated August 9, 1991, a
copy of which is attached to the petition for
rezoning as Exhibit B, subject to any changes
required by the City during site review.
355 Municipol Building 215 Church Avenue, SW~ Roanoke, Virginia 24011 (703) 981-2344
Members
Page 2
October
Go
of Council
14, 1991
That if no building permit has been issued and no
construction commenced within 3 years from the date
of final zoning approval, the zoning shall revert
to C-2 and RM-1 without further action by the City
Council
Petitioner's attorney and architect met with
representatives of the Planning Commission and staff on
July 25, 1991. Mr. Heywood Fralin, attorney, and Mr.
Eldon Karr, architect, summarized the rezoning request
and the conceptual site plan. Mr. Fralin noted that the
units were being designed to serve the needs of low-
income elderly and handicapped individuals and that
funding for the project would be sought through the
Department of Housing and Urban Development's Section 202
program. Commission members and staff expressed concern
with the location and scale of the proposed structure,
architectural design, proximity to single-family
development across 35th Street, and security of elderly
tenants. Mr. Bradshaw noted that the proposed
development would be consistent with the Commission's
goal of maintaining Melrose Avenue as a residential
corridor.
Petitioner's attorney and architect met with
representatives of the Planning Commission and staff on
August 21, 1991, to present a revised site plan and
architectural renderings of the proposed structure. Mr.
Karr noted that the location and design of the structure
had been revised in an attempt to address the
Commission's concerns voiced at the last meeting.
Planning Commission members discussed the following
issues: setback of the structure from Melrose Avenue,
scale and configuration of the structure, tenant
security, recreation and site amenities.
Petitioner's attorney and architect met with the Planning
staff on August 28, 1991, to discuss outstanding issues
and alternatives.
Planning Commission public hearing was held on September
4, 1991 (minutes attached). Mr. Heywood Fralin,
attorney, Mr. Eldon Karr, architect, and Mr. Alvin Nash,
TAP, appeared before the Commission and summarized the
requested rezoning. Mr. Nash stated that TAP had
selected the subject site on Melrose Avenue for elderly
housing because of the presence of existing elderly
housing, convenience to shopping, bus lines and the hope
that the proposed housing units would beautify the area.
Members of Council
Page 3
October 14, 1991
He also noted that the project would cost approximately
$35 million.
Mr. Eldon Karr next addressed the Commission. Mr. Karr
reviewed the proposed site plan for the Commission and
presented a colored rendering. Mr. Karr noted that the
proposed setbacks of the structure on the lot
considerably exceeded the requirements of the RM-4 zone.
Relative to security, Mr. Karr stated that the proposed
plans would include a security system for the tenants.
He noted that there was also a possibility that HUD would
assist in funding a 24-hour security guard in the
building. He also stated that a buzzer-caller system
would be installed and that a resident manager would be
at the facility at all times.
Mr. Fralin stated that he felt the petitioners had
addressed the security issue and stated he would like to
add a proffer to state that the property would be
developed as a HUD Section 202 elderly and handicapped
facility.
Mr. Marlles gave the staff report. He stated that the
petitioners and their design team had met with
representatives of the Commission and staff on five
occasions in an effort to address outstanding concerns
and issues. Mr. Marlles stated he believed that the
revised site plan and amended proffers substantially
addressed the concerns raised at the previous meetings.
In response to a request from Mr. Marlles, Mr. Fralin
stated that he was agreeable to revising the amended
proffer to delete the reference to a "HUD Section 202
project."
Mr. B. Rasalia (6584 Woodbrook Drive, S.W.) appeared
before the Commission and stated that he had been in the
area for about 15 years and had a number of problems with
vandalism. He said that his concern was not so much that
a building was going to be built across the street from
his property, but how much security the elderly people
would have.
Mr. Claytor stated he also had major concerns about
locating the elderly in an area that had experienced
significant problems with safety and security.
Mr. Nash, Mr. Fralin and Mr. Tom Jacobs (General Manager
of Caru apartments) discussed the security measures
proposed as part of housing development as well as the
existing security measures at the Caru apartments.
Members of Council
Page 4
October 14, 1991
Mrs. Barbara Rudd (National Pools on Melrose Avenue)
appeared before the Commission and stated that she felt
the proposed housing development would be an asset to the
neighborhood.
Mr. Price commented that he knew TAP had an interest in
relating to the community. He said that he was still
concerned with the massing of the building. He stated if
any future development was done on adjacent properties,
he hoped the concerns and concepts discussed today would
be taken into consideration.
Mrs. Marjorie Grosart (1020 35th Street) and her daughter
appeared before the Commission. Mrs. Grosart stated the
proposed project would come right up to her property and
if it was anything like the Caru apartments, she did not
want lt.
II. Issues:
Zoninq of the subject property is C-2, General Commercial
District, and RM-1, Residential Multifamily District.
The surrounding zoning in the area is as follows: to the
north is RS-3, Residential Single Family District; to the
east and west is C-2, General Commercial District and
RM-1, Residential Multifamily District; and to the south
is RM-1, Residential Multifamily District.
Land use of the subject property is four older
residential structures that have been converted to
commercial uses with two vacant, undeveloped lots
adjoining those lots to the rear. Land uses surrounding
the subject property are as follows: to the north along
Melrose Avenue are several automobile dealerships, a
bowling alley and vacant, undeveloped tracts of land; to
the west, across 36th Street, is a commercial business;
to the east are various commercial businesses; and to the
south are a mixture of single family residences and a
large multifamily development (Caru Apartments).
Utilities are available and of adequate capacity to serve
the proposed development. Storm drainage, erosion and
sedimentation control, parking and other engineering
concerns will be addressed and resolved during
comprehensive development plan review of this site.
Access to the site is provided by the adjoining public
streets, Melrose Avenue and 36th Street. The City
traffic engineer has stated that given the proposed use
of the site, that any traffic impact on Melrose Avenue
Members of Council
Page 5
October 14, 1991
would be minimal. Bus service to downtown and nearby
shopping is available to the site on Melrose Avenue.
Location of proposed low-income elderly/ handicapped
housing project is convenient to bus transportation and
nearby shopping. Proximity of project to Melrose Towers,
operated by the Roanoke Redevelopment and Housing
Authority, creates an opportunity for expanding services
(e.g., shuttle bus, meals on wheels, recreational
programs, etc.) to low-income and handicapped individuals
in both housing projects.
Setback (80') of proposed four to six story structure
shown on proffered site plan from Melrose Avenue exceeds
minimum front setback requirements of RM-4 zone (30').
Additional setback from Melrose Avenue helps address
building scale and massing issues.
Security measures to protect elderly and handicapped
tenants in the proposed development being provided by the
petitioner include lighting of parking areas and
entranceways, a buzzer-caller system, a resident manager
and depending on approval of funding from HUD, a 24-hour
security guard.
Recreation and site amenities addressed on the proffered
site plan include a covered bus stop, walking paths,
shuffleboard courts, horseshoes and flower gardens.
Neiqhborhood orqanization is the Northwest Revitalization
Corporation. The Planning office notified their
president in writing of the rezoning request on August
16, 1991, and as of the writing of this report, no
comments have been received by this office.
Proposed 72 unit housinq development for low-income
elderly and handicapped is generally consistent with the
City's draft Comprehensive Housing Affordability Strategy
(CHAS) in that it expands housing opportunities for two
special need population groups within the City.
K. Comprehensive Plan recommends the following:
Encourage new large-scale residential development
on scarce vacant land in order to respond to the
demand for a diversity of housing choices.
2. Encourage quality construction and attractive
design.
Members of Council
Page 6
October 14, 1991
III. Recommendation:
The Planning Commission, by a vote of 4-1 (Mr. Claytor voting
against the motion and Messrs. Sowers and Buford absent),
recommended approval of the requested rezoning. The
Commission felt that the proposed facility would upgrade the
surrounding neighborhood and would contribute to maintaining
the residential character of this portion of Melrose Avenue.
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
JRM:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Attorney for the Petitioner
SECOND AMENDED
PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE: Rezoning of the following six parcels of land, as
described below:
Parcel 1: Tax Map No. 2660310, 36th Street, N.W.
BEGINNING at a point on the east side of 38th Street,
353.6 feet South from the Southeast corner of 38th Street
and the Salem and Lynchburg Turnpike (now Pa. Ave.);
thence with said 38th Street, S. 23° 45' W. 112.98 feet
to a point on same; thence S. 72' 49' E. 269 feet to a
point; thence N. 23° 45' E. 112.98 feet to a point;
thence N. 72° 49' W. 269 feet to the PLACE OF BEGINNING,
and being known as Lots 2 and 3, according to plat of the
property of E. L. Garland, and being part of the
Subdivision of Lots 1 and 2, Section 2, of the Howell
Addition, a plat of which is of record in Plat Book 1,
page 133, of the Clerk's Office of the Circuit Court for
the County of Roanoke, Virginia, and which E. L. Garland
Map is of record in Plat Book 1, page 339.
Parcel 2: Tax Map No. 2660309, 1025 36th Street, N.W.-
BEGINNING at a point on the East side of 38th Street,
303.6 feet South of the Southeast corner of 38th Street
and the Salem and Roanoke Turnpike (now Pa. Ave.); thence
with 38th Street, S. 23' 45' W. 50 feet to a point;
thence S. 72' 49' E. 269 feet to a point; thence N. 23'
45' E. 50 feet to a point; thence N. 72' 49' W. 269 feet
to the place of BEGINNING and being known as Lot 1,
according to the plat of the property of E. L. Garland,
made by C. B. Malcolm, S.C.E., dated October 28, 1925,
and of record in Plat Book 1, page 399, of the aforesaid
Clerk's Office, and being part of the Subdivision of said
Lots 1 and 2, Section 2, according to the map of Howell
Addition, of record in the aforesaid Clerk's Office in
Plat Book 1, page 133; and
Also, a perpetual easement in, along, under and over, and
a right-of-way over and along the said 38th Street (now
called 36th street); as shown on maps recorded as
aforesaid.
Parcel 3: Tax Map No. 2660303, 3534 Melrose Avenue, N.W.
BEGINNING at a point on the southerly side of the Roanoke
and Salem Road (now Melrose Avenue) which runs parallel
with the Roanoke and Salem Electric Car line, 392 feet
westerly from 37th Street; thence along the said
southerly side of the Salem Road, N. 64' 44' W. 50 feet
to a point; thence S. 23° 45' W. 289.95 feet to a point;
thence S. 72° 49' E. 50.4 feet to a point; thence N. 23°
45' E. 282 feet more or less to the place of BEGINNING;
and
LESS AND EXCEPT all that 500 square feet, more or less,
(being the northerly 10.0 feet thereof) conveyed to the
City of Roanoke for the widening of Melrose Avenue by
Mabel Rogers Lofland, widow, by deed dated February 14,
t950, of record in the Clerk's Office of the Circuit
Court for the City of Roanoke, Virginia, in Deed Book
816, at page 410.
Parcel 4: Tax Map No. 2660304, 3526 Melrose Avenue, N.W.
BEGINNING at an iron on the south side of Melrose Avenue,
N.W., located N. 64° 44' W. 265.4 feet from the
intersection of Melrose Avenue, with the west side of
old 37th Street, now 35th Street and being corner to Lots
3 and 4 of C. W. Driver Map; thence with the line between
Lots 3 and 4, S. 23° 45' W. 254.9 feet to a corner post;
thence N. 72' 49' W. 127.1 feet to a corner post; thence
N. 23' 45' E. 272.8 feet to an iron on the south side of
Melrose Avenue, N.W.; thence with said Melrose Avenue,
S. 64° 44' E. 126.3 feet to the place of BEGINNING, and
being a portion of Lots 4 and 5 of the C. W. Driver Ma~,
dated December 4,' 1923, and being as shown on Map made
by T. P. Parker, S.C.E., dated February 19, 1959, a copy
of which is of record in Deed Book 1048, page 225,
Clerk's Office of the Circuit Court for the City of
Roanoke, Virginia.
Parcel 5: Tax Map No. 2660301, 3542 Melrose Avenue, N.W.
BEGINNING at a point on the south side of the Salem and
Roanoke 491.7 feet West of 37th Street; thence S. 23° 45'
W. 289.95 feet, more or less, to a point; thence N. 72'
49' W. 46.3 feet to a point; thence N. 23' 45' E. 305.6
feet, more or less, to a point on the Roanoke and Salem
Road; thence with the south line of said Road, S. 64° 44'
E. 45.7 feet to the place of BEGINNING; and
LESS AND EXCEPT that certain strip or land 10 feet in
width conveyed unto the City of Roanoke, by Deed dated
February 15, 1950, of record in the Clerk's Office of the
Circuit Court for the City of Roanoke, Virginia, in Deed
Book 818, page 360.
Parcel 6: Tax Map No. 2660302, 3538 Melrose Avenue, N.W.
BEGINNING at a point on the south side of Salem and
Roanoke Road 441.7 feet west of 37th Street; thence S.
23° 45' W. 289.95 feet, to a point; thence N. 72' 49' W.
50 feet to a point; thence N. 23' 45' E. 295 feet, more
or less, to a point on the Roanoke and Salem Road; thence
with the south line of said Road S. 64° 44' E. 50 feet
to the place of BEGINNING; and
LESS AND EXCEPT that certain strip of land 10 feet in
width conveyed unto the City of Roanoke, by Deed dated
February 16, 1950, of record in the aforesaid Clerk's
Office in Deed Book 818, page 350.
from C-2 (Commercial)
Two Family) to RM-4
rezoning to be subject
and RM-1 (Residential/Single and
(Residential/Multi-family), such
to certain conditions.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Total- Action Against Poverty in Roanoke
Valley, Inc., a Virginia corporation, holds options to purchase
land in the City of Roanoke containing 2.72 acres, more or less,
located at 3526, 3534, 3538, and 3542 Melrose Avenue, N.W. and 1025
36th Street, N.W. and a vacant lot on 36th Street, N.W. Said
tract~ are currently zoned C-2 (Commercial) and RM-1
(Residential/Single and Two Family). 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 C-2 and RM-1 District to RM-4 (Residential/Multi-
Family) District, subject to certain conditions set forth below,
for the purpose of construction of a 72 unit elderly apartment
facility, including structures, site work and parking area.
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 aid in encouraging a
re-transformation of this area of Melrose Avenue back to a
"Residential Boulevard".
The Petitioner hereby proffers and agrees that if the said
tract is rezoned as requested, that the rezoning will be subject
to, and that the Petitioner will abide by the following conditions:
That the property will be developed in substantial
conformity with the site plan prepared by The Architects
Design Group, dated Septe~d~er 4, 1991, a copy of which
is attached to the Petition for Rezoning as Exhibit B,
subject to any changes required by the City during site
review.
That the property would be used for elderly and
handicapped housing.
That if no building permit has been issued and no
construction commenced with 3 years from the date of
final zoning approval, the zoning shall revert to C-2 and
RM-i without further action by the City Council.
Attached as Exhibit C are the names, addresses and tax numbers
of the owner or owners of all lots or property i~unediately adjacent
to and immediately across the street from the property to be
rezoned.
~EREFORE, the Petitioner requests that the above-described
tract be rezoned as requested in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
Respectfully submitted the 14th day of August, 1991.
TOTAL ACTION AGAINST POVERTY IN
THE ROANOKE VALLEY, INC. -
By:
TI~SE: Executive Director
W. Heywood Fralin, Esq.
30LLY, PLACE, FRALIN & PRILLAMAN,
3912 Electric Road, S.W.
Roanoke, VA 24018
(703)989-0000
/
:'" Z~:'i: /'/7 ,,,,,,,.,, ,
. / ' .~ ~
o ,I I ~ _L ~- "~
MAP DEPICTING AREA REQUESTED FOR REZONING
EXHIBIT A
Proposed Area
to be rezoned
MAP DEPICTING AREA REQUESTED FOR R~7.0NING
EXHIBIT A
ADJOINING PROPERTY OWNER LIST
EXHIBIT C
Official Tax Map N~her
Owners Name and Mailinq Address
2660203
2660204
2660205
2660206
2660311
2660315
2660314
2660313
2660306
RVW Enterprises
C/O National Pools
Inc.
P. O. Box 6354
Roanoke, Virginia
of Roanoke,
24017
Herbert Louis Akers
Helen S. Akers
1024 Thirty Sixth Street,
Roanoke, Virginia 24017
Herbert Louis Akers
Helen S. Akers
1024 Thirty Sixth Street, N.W.
Roanoke, Virginia 24017
Melvin L. M&bry
Naomi B. Mabry
1006 36th Street,
Roanoke, Virginia
NoWo
24017
Caru Realty Co.
3530 Dona Drive, N.W.
Roanoke, Virginia 24017
Floyd J. Cosby, Jr.
1010 Thirty Fifth Street,
Roanoke, Virginia 24017
moWo
Agnes Woodruff Harris
1014 - 35th Street, N.W.
Roanoke, Virginia 24017
Kay Grosert
Marjorie H. Grosart
1020 - 35th Street, N.W.
Roanoke, Virginia 24017
The Clean Machine, Inc.
P. 0. Box 1586
Charlottesville, Virginia
22902
ADJOINING PROPERTY OWNER LIST
EXHIBIT C (cont'd)
2660103
2660130
2660104
The Roanoke Mental Hygiene
Service Incorporated
920 S. Jefferson Street
Suite 410
Roanoke, Virginia 24016
Rose Land Development
Partnership
3527 Melrose Avenue, N.W.
Roanoke, Virginia 24017
Rose Land Development
Partnership
3527 Melrose Avenue, N.W.
Roanoke, Virginia 24017
Melr_ose A ye n.~_~u~_ue ------__
1070~-
lOgO
SITE PLAN ~c~
LOCATION --
2660t06
I IEZ()NIN(}
)/
ROANOKE CITY PLANNING COMMISSION
SEPTEMBER 4, 1991
MINUTES
The regular meeting of the Roanoke City Planning Commission was
held on Wednesday, September 4, 1991, at 1:30 p.m., in the City
Council Chambers. Neither the chairman nor vice chairman were
present, and Mr. Bradshaw was elected temporary chairman by a
unanimous vote of those present. Attendance was as follows:
Present:
John P. Bradshaw, Jr.
Willard N. Claytor
John P. Ferguson
Richard L. Jones
Charles A. Price, Jr.
William A. Sowers
(late)
Absent: Paul C. Buford, Jr.
The following items were considered:
1. Approval of Minutes - August 7~ 199]
There being no additions and/or corrections to the August 7,
minutes, Mr. Bradshaw declared them approved as written.
Lady Bird Apparel~ Inc.
1255 Williamson Road~ S.E.~ Tax Nos.
Rezone from LM to C-2~ conditional
4030210-4030212
1991,
Mr. Richard Sayers, attorney, appeared before the Commission and
stated that the matter had been tabled at the Commission's August
meeting in order to allow more time to address questions raised at
the hearing. He said that he had amended his conditions for
rezoning and then proffered the following:
The rezoned property shall be used in substantial
conformity with the attached revised site plan prepared
by T. P. Parker and Son, Architect, dated August 21,
1991, subject only to such modifications as may be
required by the City of Roanoke as a result of the site
plan review process of the City.
Building A will be used for general and professional
offices and indoor retail sale purposes. If the rezoning
request is approved, Petitioner will file an application
with the Board of Zoning Appeals for a special use
exception to use Building B for light manufacturing
purposes with incidental retail of items manufactured on
the site.
Roanoke City Planning Commission
Page 6
September 4, 1991
not an issue to be addressed in the rezoning of the one lot. She
said that the site had gone through comprehensive site plan review
and noted that a 10 foot wide landscape buffer would be installed.
Ms. Grove said she was fully aware that the rezoning was obtained
prior to this hearing, but she did not feel that the proffers made
in this instance were sufficient for the adjoining property owners.
Mr. Bradshaw said he felt the proffer on the adjoining property
relating to the selling of produce needed to be clarified.
Mr. Talevi said he was not aware of the previous rezoning and could
not express an opinion as to whether the proffer was to permit the
sale of vegetables. He said if the use of the property was to have
been restricted to just the sale of vegetables, he felt that having
an Amvet facility on the property would not be consistent with the
proffers.
Mr. Bradshaw said that in view of the confusion he would move to
table the matter. The motion was seconded by Mr. Sowers.
Mr. Ferguson commented that he thought the petitioner would have to
ask for tabling of the request.
Mr. Wiley appeared before the Commission and stated that the
petitioner agreed to the tabling of the request. He said, however,
that he would like the Commission and everyone else to know that
the petitioner would not have invested the money he has without an
approved site plan and building permit.
Mr. Price advised staff to work with the petitioner to establish a
meeting with the neighborhood residents prior to the Commission's
next meeting.
Mr. Bradshaw again moved to table the request.
seconded by Mr. Sowers and approved 6-0.
The motion was
6. Total Action Aqainst Poverty in Roanoke Valley~ Inc.
3536~ 3534~ 3538~ 3542 Melrose Avenue~ N.W.~ Tax Nos. 2660304~
2660303~ 2660302 and 2660301; 1025 36th Street~ Tax Nos.
2660309 and 2660310
Rezone from C-2 and RM-1 to RM-4~ conditional
Mr. Heywood Fralin, attorney for the petitioner, appeared before
the Commission and stated that a Section 202 HUD elderly and
handicapped housing project was proposed for the Melrose Avenue/
36th Street, N.W., area. He said the parcel was just under three
acres and measured 275' by 425' He noted that Alvin Nash from TAP
Roanoke City Planning Commission
Page 7
September 4, 1991
and Eldon Karr, architect, were present to discuss aspects of the
proposal.
Mr. Alvin Nash appeared before the Commission and stated that noted
that in early August HUD had announced that grants were available
for the 202 elderly housing program. He said that TAP had to move
relatively quickly to apply for the grant and had proposed a
development called Hillcrest Apartments on Melrose Avenue. Mr.
Nash reviewed reasons that TAP had selected the Melrose Avenue
site, including the presence of existing elderly housing,
convenience to shopping, bus lines, and the hope that the proposed
housing units would beautify the area. He noted that TAP had until
September 30 to submit the guidelines. Mr. Nash further stated
that he understood there was some concern about the close proximity
of the Caru apartments to the proposed site and noted that Caru had
73 adult units in residence. He also noted that the project would
cost approximately $35 million.
Eldon Karr (Architects Design Group) appeared before the Commission
and presented color renderings of the proposed facility. He noted
that the property consists of 118,590 square feet and is zoned C-2
on Melrose Avenue and RM-1 on 36th Street. He said that t~e
proposed RM-4 zone would allow 118 units, however, the request was
for only a 72-unit structure. Relative to the number of stories,
Mr. Karr explained that there would be four stories fronting
Melrose Avenue, seven stories in the middle, and five stories at
the rear on 36th Street. Mr. Karr showed the Commission a color
rendering of the site plan and noted the location of 36 parking
spaces, including four spaces for the handicapped.
Mr. Karr discussed the setbacks and said that the minimum setback
in the RM-4 zone was 30 feet, but that this building would be set
back 80 feet from Melrose Avenue. He noted there would be a 55
foot setback from 36th Street, as well as a 135 foot setback on the
side yard, as opposed to the required 59 foot minimum setback.
Mr. Karr further stated that a similar building in the RM-4 zone
could have a footprint as large as 47,000 square feet, whereas this
structure would be under 13,000 square feet. He also noted there
was approximately 89,000 square feet of open space, including the
parking area.
Mr. Karr talked about changes in the HUD 202 program and noted that
there were now less architectural restrictions, which would allow
the building to be more sensitive to the neighborhood. He also
noted there would be a bus shelter on Melrose Avenue and some
outdoor activity areas. Mr. Karr noted that a number of trees
would be saved along Melrose Avenue.
Roanoke City Planning Commission
Page 8
September 4, 1991
Relative to security, Mr. Karr said that security of the residents
was a concern and that during development of the plans a security
system would be included. He noted there was a possibility that
HUD would assist in providing funding for 24 hour security in the
building. He noted that a buzzer, caller system would be installed
and that a resident manager would be at the facility at all times.
Mr. Fralin appeared before the Commission and stated he would like
to add a proffer to stated that the property would be developed as
a HUD Section 202 elderly and handicapped facility.
Mr. Fralin also noted there had been several concerns had been
voiced at meetings held with staff and some Commission members. He
noted that one of the main concerns was safety and he felt he had
addressed that issue with the call system and other security
measures. He said that it was intended that the parking facilities
as well as the entrances would be well lit. He noted that he had
contacted Melrose Towers and asked if there had been any security
problems at the facility. He said he was told that during the past
five years there had been no problem.
Mr. Fralin further stated that initially there would be four units
that would be constructed to-accommodate handicapped, and the other
units would be readily adaptable for handicapped use.- He also
noted that the bus line on Melrose Avenue provided good service,
with 30 minute service at the peak hours. He noted that the "meals
on wheels" service was available at Melrose Towers and he
anticipated having that service at the new facility.
Mr. Marlles gave the staff report. He noted that the petitioner
and representatives of the design team had met with some Commission
members and staff on five different occasions. He said that the
current revised site plan and amended proffers substantially
addressed the concerns raised at some of the previous meetings. He
said that staff recognized that there were certain limitations of
what could be proffered as far as security measures were concerned,
but staff was comfortable that the petitioner's were aware of the
problem and would take steps to address the issue and recommended
approval of the request. He noted that staff would like the
petitioner to consider revising their amended proffer to delete the
reference to a "HUD Section 202" project.
Mr. Fralin said he had no problem with that.
Mr. B. Rosalia (6584 Woodbrook Drive, SW) appeared before the
Commission and stated he owned property across the street from the
proposed site. He said that he had been in the area for about 15
years and had had a number of problems with vandalism and had hired
24 hour security for his properties. He said that his concern was
not so much that a building was going to be built across the street
Roanoke City Planning Commission
Page 9
September 4, 1991
from his property but how much security the elderly people would
have. He noted that his main concern was safety of the elderly
residents.
Mr. Claytor said he had major concerns about locating the elderly
in an area that has experienced significant problems with safety
and security.
Mr. Nash said that TAP was committed to coming to the area and
doing something about the problem. He said that the problems in
the Caru apartment area had turned around for the better and noted
that there was a senior community in the Caru apartments. He said
that he would be more than glad to work with some of the existing
business in the area. He noted that there would be unique security
system if tha~ was what it took and were willing to address the
security problem.
Mr. Ferguson said that it was his understanding that there was a
question of whether or not there would be 24 hour indoor and
outdoor security.
Mr. Nash said he did not believe that would be an issue. He said
he did not know what HUD would or would not approve, but TAP was
going to put security measures in their package.
Mr. Fralin said that his client had no problem proffering security
of any type, however, he did not have the ability to do that
because the ultimate approval of this was by HUD. He noted there
was a precedent for 24 hour security guard service, which might
help their case.
Mr. Claytor said he was concerned about security outside the
building. He sa~d if the project went into this location, he
wanted to make sure there was a provision for security for
residents when they were outside the building.
Mr. Fralin said that the lights and alarm system for persons
entering and exiting the building would be provided.
Mr. Talevi said he wanted the Commission to understand that there
were presently only three proffers, but only discussions of other
amenities which were not proffered.
Mr. Fralin stated that there were three proffers.
Mr. Tom Jacobs (general manager of Caru apartments) appeared before
the Commission and discussed security at the Caru apartment
complex. He said that HUD had approved the security and had
welcomed it. He further stated that there was excellent lighting
at the Caru facility and there had been no major problems since the
Roanoke City Planning Commission
Page 10
September 4, 1991
instituting a curfew and installation of a guardhouse and guard at
entrances to the facility. He said there were two security guards
and when necessary a third was use. He said the crime rate at the
complex had dropped. Mr. Jacobs said that there were 81 senior
tenants at complex and they looked forward to the rezoning for
other elderly housing.
Mr. Bradshaw asked if the management of Caru would handle the new
development.
Mr. Fralin responded that they would not and that the management
was determined by HUD. He further noted that TAP was committed to
seeing to the security of the facility.
Mr. Price asked what would happen to the project if TAP was no
longer involved. He said he would like to make sure that the life
for the individuals in the complex was such that they would enjoy
their life and not have to be concerned about their security.
Mr. Fralin asked if it would help if he amended the proffers to add
that the housing would be used in accordance with HUD Section 202
requirements.
Mr. Talevi said that he was not familiar with the regulations and
was not certain he could pass judgement on that proffer. He noted
that the deletion of Section 202 from the previous proffer was at
his suggestion because he was concerned that if Section 202 no
longer applied to the property, the intent of the proffer would be
moot.
Mr. Price asked how the proffer could be worded so that there was
some minimum standards that could be used in the event something
happened to the developer or change in owner.
Mr. Talevi said that he would raise a caution flag on the city
being able to enforce breach of proffer relative to security.
Mr. Price said he was talking about livabllity, such as outside
amenities.
Mr. Talevi said he did not have a problem with a proffer relative
to outside amenities.
Mr. Bradshaw said there seemed to be somewhat of a quandary. He
said he did not know how the petitioner could proffer something
because of the environment between the Melrose Towers apartments
and the Caru apartments.
Roanoke City Planning Commission
Page 1!
September 4, 1991
Mr. Claytor said that the manager of the Caru apartments had stated
there was no security problem. He asked staff if they had any
information.
Mr. Marlles said that staff had received information from the
City's police department indicating there were a significant number
of incidents last year. He said that because he did not know how
the number was derived, he was hesitant to state the specific
number reported. He noted that the City was aware that the Caru
apartments had taken significant measures to increase security.
Mr. Marlles further stated that facilities constructed using HUD
monies were required to meet certain stipulations. He said that
security was probably one of them. He also noted that certain
physical improvements, which would improve security, could be
handled by the City during site plan review.
Mrs. Barbara Rudd (National Pools on Melrose Avenue) appeared
before the Commission and stated that she felt the housing
development would be an asset to the neighborhood. She said that
right now the area was quite disgusting and the new housing would
clean it up. Mrs. Rudd further stated that National Pools had not
had any security problem associated with their business.
Mr. Rosalia again appeared before the Commission and stated that
the project was viable, but unless the elderly were protected,
inside and outside of their apartment, then the function of the
project would be undermined.
Mr. Price asked if staff had looked at the impact of the
development.
Mr. Marlles responded that staff had not done a detailed impact
statement on the impact of the rezoning on the immediate area.
Mr. Price said he thought the Commission had tried to keep the area
residential and wondered if the elderly housing development would
be setting a precedent by introducing a larger structure in the
area.
Mr. Marlles said that anytime a development on this scale was
introduced into a neighborhood, you had to be very careful. He
said that staff felt the present location of the structure on the
site was preferable to the original location. He said that staff
would prefer to have a different configuration of the building as
it relates to Melrose Avenue but overall staff felt that the
petitioner had been very responsive to issues raised by staff and
the commission.
Mr. Price asked if items shown on the site plan were part of the
proffers.
Roanoke City Planning Commission
Page 12
September 4, 1991
Mr. Talevi responded that they were.
Mr. Marlles noted that the date on
changed.
the site plan needed to be
Mr. Claytor said he would like to hear staff's recommendation and
justification on the proposal.
Mr. Marlles responded that they were four issues that had surfaced
since the initial meeting of the commission and staff; i.e., scale
and mass of the structure, security of residents, architectural
design of structure, and use of property. He said he felt the
petitioner had made substantial effort to address the four issues.
He said that staff felt like the current location of the structure
on the site somewhat softened the impact of its mass and scale and
that the current location also took advantage of the topography of
the site. Mr. Marlles also said that staff felt the project was
consistent with the City's Comprehensive Housing Affordability
Strategy in that it help address the needs of the elderly and
handicapped. He further noted that the proposed location was
convenient to some essential services for the elderly and that the
security measures proposed by the applicant were a substantial
effort to address potential security problems. He said that he
felt the petitioner had provided recreation and site amenities and
that the only outstanding issue in his mind was the configuration
of the building.
Mr. Price commented that he knew TAP had an interest in relating to
the community. He said he did not want the commission to forget
the surrounding community. He said he was concerned about the
massing of the building and if any future development was done on
adjacent properties, he hoped the concerns and concepts discussed
today would be taken into consideration.
Mrs. Marjorie Grosart (1020 35th Street) and her daughter appeared
before the Commission. Mrs. Grosart stated that the proposed
project would come right up to her property and if it was anything
like the Caru apartments she did not want it. She commented that
trash and other debris were constantly being thrown in her yard and
she had also been vandalized on a number of occasions. Mrs.
Grosart's daughter asked if Mrs. Grosart's property values would be
reduced because of the proposed use.
Mr. Marlles commented that staff could not anticipate what would
happen as far as property values were concerned, but his opinion
was that they would be improved. He further noted that the portion
of the proposed site abutting Ms. Grosart's property would be the
flower garden area.
Roanoke City Planning Commission
Page 13
September 4, 1991
Mr. Price explained to Ms. Grosart that the proposed use was not
the same as a Caru facility. He said the proposed facility would
house only elderly and/or handicapped residents·
There being no further discussion, Mr. Bradshaw moved to approve
the request. He said that as long as the neighborhood remained as
it was there was not going to be any improvement, however, if
development of a modern facility were encouraged he felt that there
could possibly be improvement in the area. He said that he felt if
this major investment was made, there would be enough security to
protect it. Mr. Bradshaw further stated that if the undeveloped
tract continued like it was, there would be commercial development
pressure. He said that from all he had heard, if a TAP-committed,
City-endorsed, HUD-sponsored facility for the elderly were placed
on the corner, it would only upgrade and continue the desire for
maintenance of that strip of Melrose Avenue as a residential
community. He said the issue before the Commission was not whether
Caru should be there or not, but whether the neighborhood could be
upgraded with Caru in lt. He said he thought that could happen
with the additional of the proposed facility.
The motion to approve was seconded by Mr. Jones.
that the revised proffers b~ read.
He then asked
Mr. Marlles read the following proffered conditions:
That the property will be developed in substantial
conformity with the site plan prepared by The Architects
Design Group, dated September 4, 1991, a copy of which is
attached to the Petition for Rezoning as Exhibit B,
subject to any changes required by the City during site
review.
That the property would be developed for elderly and
handicapped housing.
3. That if no building permit has been issued and no
construction commenced within 3 years from the date of
final zoning approval, the zoning shall revert to C-2 and
RM-1 without further action by the City Council.
There being no further discussion, a vote was taken on the motion
to approve the request. The request was approved by a vote of 4-1
(Mr. Claytor voting against the motion and Messrs. Sowers and
Buford absent).
7. Briefinq on Fire Station Location Study.
Mr. George C. Snead, Jr., Director of Administration
Safety, and Fire Chief Rawleigh Quarles, appeared
and Public
before the
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
September 30, 1991
File #51
SANDRA H. F. AKIN
Deputy City Clerk
Mr. W. Heywood Fralin
Attorney
3912 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Fralin:
I am enclosing copy of ~ report of the City Planning Commission recommending that
the Council of the City of Roanoke grant the request of your client, Total Action
Against Poverty in Roanoke Valley, Inc., a Virginia Corporation, that properties
located at 1025 36th Street, N. W., Official Tax Nos. 2660310 and 2660309; 3534
Melrose Avenue, N. W., Official Tax No. 2660303; 3526 Melrose Avenue, N. W.,
Official Tax No. 2660304; 3542 Melrose Avenue, N. W., Official Tax No. 2660301; and
3538 Melrose Avenue, N. W., Official Tax No. 2660302, containing 2.72 acres, more
or less, be rezoned from C-2, General Commercial District and RM-1, Residential
Multi-Family, Low Density District, to RM-4, Residential Multi-Family High Density
District, subject to certain conditions proffered by the petitioner.
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, October 14, 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 providing
for the rezoning, which notice was prepared by the City Attorney's Office. Please
review the notice 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. Mariles, Chief of Community
Planning, at 981-2344.
MFP: ra
PUBLIC6
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
Mr. W. Heywood Fralin
September 26, 1991
Page 2
pc:
RVW Enterprises, c/o National Pools of Roanoke, Inc., P. O. Box 6354,
Roanoke, Virginia 24017
Mr. and Mrs. Herbert Akers, 1024 36th Street, N. W., Roanoke, Virginia
24017
Mr. and Mrs. Melvin 'iabry, 1006 36th Street, N. W., Roanoke, Virginia 24017
Caru Realty Comp~ ~r, 3530 Dona Drive, N. W., Roanoke, Virginia 24017
Mr. Floyd J. Cos? Jr., P. O. Box 2863, Roanoke, Virginia 24001
Ms. Agnes W. Ha s, 1014 35th Street, N. W., Roanoke, Virginia 24017
Ms. Kay G~osar~ nd Ms. Marjorie H. Grosart, 1020 35th Street, N. W.
Roanoke, ~rirgir 24017 '
The Clean Mach: e, Inc., P. O. Box 1586, Charlottesville, Virginia 22902
The Roanoke Mc ml Hygiene Service, Inc., 920 South Jefferson Street, Suite
410, Roanoke, irginia 24016
Rose Land Der lopment Partnership, 3527 Melrose Avenue, N.W. Roanoke,
Virginia 2401' '
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven ~. 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
40 NUMBER - 92517~5Z
PUBLISHER'S FEE $115o00
~ H FRALtN ATTY
3912 ELE(TRIC ROAD
P 0 80X 20~87
ROANOKE VA 2.018
RECEIVED
CITY CLEF~'S nF!~!CE
~1 00T 14 ~1:29
STATE OF VIRGINIA
CiTY OF ROANOKE
AFFIOAVIT OF PUbLICATiON
I, (THE UNOERSIGNEO} AN AUTHORIZED
REPRESENTATIVE OF THE TINES-~ORLO COR-
PORATION, mHICH CORPORATION IS PdSLISHER
OF THE ROANOKE TIMES & WORLD-NE~S, A
DALLY NEWSPAPER PUdLISHEC IN ROANOKE, IN
THE STATE OF VIRGINIA, 00 CERTIFY THAT
THE ANNEXED NOTICE NAS PUBLISHED IN SAID
NEWSPAPERS ON THE FOLLONIN~ DATES
09/27/91 MORNING & EVENING
10/0~/91 MORNING g EVENING
NITNESS, ~'HI~%~, ?TH DAY OF OCTOBER 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, October 14,
1991, at 7:30 p.m., in the Council Chamber in the Municipal Build-
ing, 215 Church Avenue, S. W., on the question of rezoning from
C-2, General Commercial District, and RM-1, Residential Multi-
family, Low Density District, to RM-4, Residential Multifamily,
High Density District, the following property:
Property located at 3526, 3534, 3538 and 3542 Melrose
Avenue, N.W., 1025 36th Street, N. W., and a vacant lot
bearing Official Tax No. 2660310, 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 25th day of ~September
1991.
Mary F. Parker, City Clerk.
Please publish in full twice, once on Friday, September 27, 1991, and once on
Friday, October 4, 1991, in the Roanoke Times & World News, Morning Edition.
Please send publisher's affidavit to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Please bill to:
Mr. W. Heywood Fralin, Attorney
3912 Electric Road, S. W.
Roanoke, Virginia 24018
RECE~NEg
CiTY CLE
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING OF: ~ A~G27 ~8:53
Request from Total Action Against Poverty in Roanoke
Valley, Inc., that property located at 3526, 3534,
3538 and 3542 Melrose Avenue, N.W., described as
Official Tax Nos. 2660304, 2660303, 2660302, and
2660301, respectively, and currently zoned C-2,
General Commercial District; and that property located
at 1025 36th Street, N.W., described as Official Tax
Nos. 2660309 and 2660310, and currently zoned }tM-l,
Residential Multifamily District, Low Density District,
be rezoned to RM-4, Residential Multifamily District,
High Density District, such rezoning to be subject to
certain conditions proffered by the petitioner.
A
F
F
I
D
A
V
I
T
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
TO-WIT:
The affiant, Martha Pace Franklin, first being duly sworn,
states that she is secretary to the Secretary of the City of
Roanoke Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that,
pursuant to the provisions of Section 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 26th day
of August, 1991, notices of a public hearing to be held on the 4th
day of September, 1991, on the rezoning captioned above to the
owner or agent of the parcels listed below at their last known
address:
Parcel Owner~ Aqent or Occupant
Address
2660203 RVW Enterprises P.O. Box 6354
c/o National Pools of Rke. Inc. Roanoke, VA 24017
2660204 Herbert and Helen Akers 1024 36th Street, NW
2660205 Roanoke, VA 24017
2660206 Melvin and Naomi Mabry 1006 36th Street, NW
Roanoke, VA 24017
2660311 Caru Realty Co. 3530 Dona Drive, N-W
Roanoke, VA 24017
2660315 Floyd J. Cosby, Jr.
P. O. Box 2863
1010 35th Street, NW
Roanoke, VA 24001
2660314 Agnes W. Harris
1014 35th Street, NW
Roanoke, VA 24017
2660313 Kay Grosart 1020 35th Street, NW
Marjorie H. Grosart Roanoke, VA 24017
2660306
The Clean Machine, Inc.
P. O. Box 1586
Charlottesville,
22902
VA
2660103 The Roanoke Mental Hygiene 920 S. Jefferson St.
Service Inc. Suite 410
Roanoke, VA 24016
2660130 Rose Land Dev. Partnership 3527 Melrose Avenue
2660104 Roanoke, VA 24017
SUBSCRIBED AND SWORN to before me, a Notary Public, in the
City of Roanoke, Virginia, this 26th day of August, 1991.
Notary Public
My Commission Expires:
/f-TAP.aff
.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 27, 1991
File #51
SANDlOt H. EAKIN
Deputy City Clerk
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. W. Heywood Fralin,
Attorney, representing Total Action Against Poverty in Roanoke Valley, 7ac., a
Virginia Corporation, requesting that properties located at 1025 36th Street, N. W.,
Official Tax Nos. 2660310 and 2660309; 3534 Melrose Avenue, N. W., Official Tax No.
2660303; 3526 Melrose Avenue, N. W., Official Tax No. 2660304; 3542 Melrose
Avenue, N. W., Official Tax No. 2660301; and 3538 Melrose Avenue, N. W., Official
Tax No. 2660302, containing 2.72 acres, more or less, be rezoned from C-2, General
Commercial District and RM-1, Residential Multi-Family Low Density District, to RM-
4, Residential Multi-Family High Density Districts, subject to certain conditions
proffered by the petitioner.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
mnc.
pc:
Mr. W. Heywood Fralin, Attorney, 3912 Electric Road, S. W., Roanoke,
Virginia 24018
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
FIRST i%MENDED
RECEIVED
(~ITY C~-E ~ ~ ~ ~ F~CE
PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROAN--~-', A~I~I~:~4
Rezoning of the following six parcels of land, as
described below:
Parcel 1: Tax Map No. 2660310, 36th Street, N.W.
BEGINNING at a point on the east side of 38th Street,
353.6 feet South from the Southeast corner of 38th Street
and the Salem and Lynchburg Turnpike (now Pa. Ave.);
thence with said 38th Street, S. 23° 45' W. 112.98 feet
to a point on same; thence S. 72° 49' E. 269 feet to a
point; thence N. 23° 45' E. 112.98 feet to a point;
thence N. 72° 49' W. 269 feet to the PLACE OF BEGINNING,
and being known as Lots 2 and 3, according to plat of the
property of E. L. Garland, and being part of the
Subdivision of Lots 1 and 2, Section 2, of the Howell
Addition, a plat of which is of record in Plat Book 1,
page 133, of the Clerk's Office of the Circuit Court for
the County of Roanoke, Virginia, and which E. L. Garland
Map is of record in Plat Book 1, page 339.
Parcel 2: Tax Map No. 2660309, 1025 36th Street, N.W.
BEGINNING at a point on the East side of 38th Street,
303.6 feet South of the Southeast corner of 38th Street
and the Salem and Roanoke Turnpike (now Pa. Ave.); thence
with 38th Street, S. 23° 45' W. 50 feet to a point;
thence S. 72° 49' E. 269 feet to a point; thence N. 23°
45' E. 50 feet to a point; thence N. 72° 49' W. 269 feet
to the place of BEGINNING and being known as Lot 1,
according to the plat of the property of E. L. Garland,
made by C. B. Malcolm, S.C.E., dated October 28, 1925,
and of record in Plat Book 1, page 399, of the aforesaid
Clerk's Office, and being part of the Subdivision of said
Lots 1 and 2, Section 2, according to the map of Howell
Addition, of record in the aforesaid Clerk's Office in
Plat Book 1, page 133; and
Also, a perpetual easement in, along, under and over, and
a right-of-way over and along the said 38th Street (now
called 36th street); as shown on maps recorded as
aforesaid.
Parcel 3: Tax Map No. 2660303, 3534 Melrose Avenue, N.W.
BEGINNING at a point on the southerly side of the Roanoke
and Salem Road (now Melrose Avenue) which runs parallel
with the Roanoke and Salem Electric Car line, 392 feet
westerly from 37th Street; thence along the said
southerly side of the Salem Road, N. 64° 44' W. 50 feet
to a point; thence S. 23° 45' W. 289.95 feet to a point;
thence S. 72° 49' E. 50.4 feet to a point; thence N. 23"
45' E. 282 feet more or less to the place of BEGINNING;
and
LESS AND EXCEPT all that 500 square feet, more or less,
(being the northerly 10.0 feet thereof) conveyed to the
City of Roanoke for the widening of Melrose Avenue by
Mabel Rogers Lofland, widow, by deed dated February 14,
1950, of record in the Clerk's Office of the Circuit
Court for the City of Roanoke, Virginia, in Deed Book
816, at page 410.
Parcel 4: Tax Map No. 2660304, 3526 Melrose Avenue, N.W.
BEGINNING at an iron on the south side of Melrose Avenue,
N.W., located N. 64" 44' W. 265.4 feet from the
intersection of Melrose Avenue, with the west side of
old 37th Street, now 35th Street and being corner to Lots
3 and 4 of C. W. Driver Map; thence with the line between
Lots 3 and 4, S. 23~ 45' W. 254.9 feet to a corner post;
thence N. 72. 49' W. 127.1 feet to a corner post; thence
N. 23o 45' E. 272.8 feet to an iron on the south side of
Melrose Avenue, N.W.; thence with said Melrose Avenue,
S. 64~ 44' E. 126.3 feet to the place of BEGINNING, and
being a portion of Lots 4 and 5 of the C. W. Driver Map,
dated December 4, 1923, and being as shown on Map made
by T. P. Parker, S.C.E., dated February 19, 1959, a copy
of which is of record in Deed Book 1048, page 225,
Clerk's Office of the Circuit Court for the City of
Roanoke, Virginia.
Parcel 5: Tax Map No. 2660301, 3542 Melrose Avenue, N.W.
BEGINNING at a point on the south side of the Salem and
Roanoke 491.7 feet West of 37th Street; thence So 23~ 45'
W. 289.95 feet, more or less, to a point; thence N. 72.
49' W. 46.3 feet to a point; thence N. 23" 45' E. 305.6
feet, more or less, to a point on the Roanoke and Salem
Road; thence with the south line of said Road, S. 64° 44'
E. 45.7 feet to the place of BEGINNING; and
LESS AND EXCEPT that certain strip or land 10 feet in
width conveyed unto the City of Roanoke, by Deed dated
February 15, 1950, of record in the Clerk's Office of the
Circuit Court for the City of Roanoke, Virginia, in Deed
Book 818, page 360.
Parcel 6: Tax Map No. 2660302, 3538 Melrose Avenue, N.W.
BEGINNING at a point on the south side of Salem and
Roanoke Road 441.7 feet west of 37th Street; thence S.
23° 45' W. 289.95 feet, to a point; thence N. 72° 49' W.
50 feet to a point; thence N. 23" 45' E. 295 feet, more
or less, to a point on the Roanoke and Salem Road; thence
with the south line of said Road S. 64" 44' E. 50 feet
to the place of BEGINNING; and
LESS AND EXCEPT that certain strip of land 10 feet in
width conveyed unto the City of Roanoke, by Deed dated
February 16, 1950, of record in the aforesaid Clerk's
Office in Deed Book 818, page 350.
from C-2 (Commercial) and RM-1 (Residential/Single and
Two Family) to RM-4 (Residential/Multi-family), such
rezoning to be subject to certain conditions.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
THE CITY OF ROANOKE:
The Petitioner, Total Action Against Poverty in Roanoke
Valley, Inc., a Virginia corporation, holds options to purchase
land in the City of Roanoke containing 2.72 acres, more or less,
located at 3526, 3534, 3538, and 3542 Melrose Avenue, N.W. and 1025
36th Street, N.W. and a vacant lot on 36th Street, N.W. Said
tracts are currently zoned C-2 (Commercial) and RM-1
(Residential/Single and Two Family). 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 C-2 and RM-1 District to RM-4 (Residential/Multi-
Family) District, subject to certain conditions set forth below,
for the purpose of construction of a 72 unit elderly apartment
facility, including structures, site work and parking area.
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 aid in encouraging a
re-transformation of this area of Melrose Avenue back to a
"Residential Boulevard,,.
The Petitioner hereby proffers and agrees that if the said
tract is rezoned as requested, that the rezoning will be subject
to, and that the Petitioner will abide by the following conditions:
That the property will be developed in substantial
conformity with the site plan prepared by The Architects
Design Group, dated August 9, 1991, a copy of which is
attached to the Petition for Rezoning as Exhibit B,
subSect to any changes required by the City during site
review.
2e
That if no building permit has been issued and no
construction commenced with 3 years from the date of
final zoning approval, the zoning shall revert to C-2 and
RM-1 without further action by the City Council.
Attached as Exhibit C are the names, addresses and tax numbers
of the owner or owners of all lots or property immediately adjacent
to and immediately across the street 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.
Respectfully submitted the 14th day of August, 1991.
TOTAL ACTION AGAINST POVERTY IN
THE ROANOKE VALLEY, INC.
o 5o
Scale
MAP DEPICTING AREA REQUESTED FOR REZONING
EXHIBIT A
Proposed Area
to be rezoned
:1
MAP DEPICTING AREA REQUESTED FOR REZONING
EXHIBIT A
MELROSE AVENUE
.1070
..... ; ~ ._'
SITE PLAN
Project Development Data
Acreage of Site
# Units proposed
# Parking Spaces required
# stories
Required Open Space
2.72 acres
72 units
36 spaces
Not to Exceed six stories
7,200 S.F.
Dated: August 9, 1991
EXI i IBIT B
I'HE
ARCHITECT',
DESIGN GROUI
312 MARKET ST. SE. r~OANC~E ,VA 2~
ADJOINING PROPERTY OWNER LIST
EXHIBIT C
Offioi&l Tax MaD Numb~
Owners Name and Mailin~ Address
2660203
2660204
2660205
2660206
2660311
2660315
2660314
2660313
2660306
HVW Enterprises
C/O National Pools of Roanoke,
Inc.
P. O. Box 6354
Roanoke, Virginia 24017
Herbert Louis Akers
Helen S. Akers
1024 Thirty Sixth Street, N.W.
Roanoke, Virginia 24017
Herbert Louis Akers
Helen S. Akers
1024 Thirty Sixth Street, N.W.
Roanoke, Virginia 24017
Melvln L. Mabry
Naomi B. Mabry
1006 - 36th Street, N.W.
Roanoke, Virginia 24017
Caru Realty Co.
3530 Dona Drive, N.W.
Roanoke, Virginia 24017
Floyd J. Cosb¥, Jr.
1010 Thirty Fifth Street, N.W.
Roanoke, Virginia 24017
Agnes Woodruff Harris
1014 35th Street, N.W.
Roanoke, Virginia 24017
Kay Grosart
Marjorie H. Grosart
1020 - 35th Street, N.W.
Roanoke, Virginia 24017
The Clean Machine, Inc.
P. O. Box 1586
Charlottesville, Virginia 22902
ADJOINING PROPERTY OWNER LIST
EXHIBIT C (cont'd)
2660103
2660130
2660104
The Roanoke Mental Hygiene
Service Incorporated
920 S. Jefferson Street
Suite 410
Roanoke, Virginia 24016
Rose Land Development
Partnership
3527 Melrose Avenue, N.W.
Roanoke, Virginia 24017
Rose Land Development
Partnership
3527 Melrose Avenue, N.W.
Roanoke, Virginia 24017
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 27, 1991
File #51
SANDRA H. EAKIN
Deputy City Clerk
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 Mr. W. Heywood Fralin, Attorney
representing Total Action Against Poverty in Roanoke Valley, Inc., a Virgim
Corporation, requesting that properties located at 1025 36th Street, N. W., Offici~
Tax Nos. 2660310 and 2660309; 3534 Melrose Avenue, N. W., Official Tax No.
2660303; 3526 Melrose Avenue, N. W., Official Tax No. 2660304; 3542 Melrose
Avenue, N. W., Official Tax No. 2660301; and 3538 Melrose Avenue, N. W., Official
Tax No. 2660302, containing 2.72 acres, more or less, be rezoned from C-2, General
Commercial District and RM-1, Residential Multi-Family, Low Density District, to
RM-4, Residential Multi-Family High Density Districts, subject to certain conditions
proffered by the petitioner.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. W. Heywood Fralin, Attorney, 3912 Electric Road, S. W., Roanoke,
Virginia 24018
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
~ ~: Rezoning of the following six parcels of land, as
described below:
Parcel 1: Tax Map No. 2660310, 1025 36th Street, N.W.
BEGINNING at a point on the east side of 38th Street,
353.6 feet South from the Southeast corner of 3$th Street
and the Salem and Lynchburg Turnpike (now Pa. Ave.);
thence with said 38th Street, S. 23° 45' W. 112.98 feet
to a point on same; thence S. 72° 49' E. 269 feet to a
point; thence N. 23° 45' E. 112.98 feet to a point;
thence N. 72° 49' W. 269 feet to the PLACE OF BEGINNING,
and being known as Lots 2 and 3, according to plat of the
property of E. L. Garland, and being part of the
Subdivision of Lots 1 and 2, Section 2, of the Howell
Addition, a plat of which is of record in Plat Book 1,
page 133, of the Clerk's Office of the Circuit Court for
the County of Roanoke, Virginia, and which E. L. Garland
Map is of record in Plat Book 1, page 339.
Parcel 2: Tax Map No. 2660309, 1025 36th Street, N.W.
BEGINNING at a point on the East side of 38th Street,
303.6 feet South of the Southeast corner of 38th Street
and the Salem and Roanoke Turnpike (now Pa. Ave.); thence
with 38th Street, S. 23° 45' W. 50 feet to a point;
thence S. 72° 49' E. 269 feet to a point; thence N. 23°
45' E. 50 feet to a point; thence N. 72° 49' W. 269 feet
to the place of BEGINNING and being known as Lot 1,
according to the plat of the property of E. L. Garland,
made by C. B. Malcolm, S.C.E., dated October 28, 1925,
and of record in Plat Book 1, page 399, of the aforesaid
Clerk's office, and being part of the Subdivision of said
Lots 1 and 2, Section 2, according to the map of Howell
Addition, of record in the aforesaid Clerk's office in
Plat Book 1, page 133; and
Also, a perpetual easement in, along, under and over, and
a right-of-way over and along the said 38th Street (now
called 36th street); as shown on maps recorded as
aforesaid.
Parcel 3: Tax Map No. 2660303, 3534 Melrose Avenue, N.W.
BEGINNING at a point on the southerly side of the Roanoke
and Salem Road (now Melrose Avenue) which runs parallel
with the Roanoke and Salem Electric Car line, 392 feet
westerly from 37th Street; thence along the said
southerly side of the Salem Road, N. 64° 44' W. 50 feet
to a point; thence S. 23° 45' W. 289.95 feet to a point;
thence S. 72° 49' E. 50.4 feet to a point; thence N. 23°
45' E. 282 feet more or less to the place of BEGINNING;
and
LESS AND EXCEPT all that 500 square feet, more or less,
(being the northerly 10.0 feet thereof) conveyed to the
City of Roanoke for the widening of Melrose Avenue by
Mabel Rogers Lofland, widow, by deed dated February 14,
1950, of record in the Clerk's Office of the Circuit
Court for the City of Roanoke, Virginia, in Deed Book
816, at page 410.
Parcel 4: Tax Map No. 2660304, 3586 Melrose Avenue, N.W.
BEGINNING at an iron on the south side of Melrose Avenue,
N.W., located N. 64~ 44' W. 265.4 feet from the
intersection of Melrose Avenue, with the west side of
old 37th Street, now 35th Street and being corner to Lots
3 and 4 of C. W. Driver Map; thence with the line between
Lots 3 and 4, S. 23~ 45' W. 254.9 feet to a corner post;
thence N. 72° 49' W. 127.1 feet to a corner post; thence
N. 23" 45' E. 272.8 feet to an iron on the south side of
Melrose Avenue, N.W.; thence with said Melrose Avenue,
S. 64° 44' E. 126.3 feet to the place of BEGINNING, and
being a portion of Lots 4 and 5 of the C. W. Driver Map,
dated December 4, 1923, and being as shown on Map made
by T. P. Parker, S.C.E., dated February 19, 1959, a copy
of which is of record in Deed Book 1048, page 225,
Clerk's Office of the Circuit Court for the City of
Roanoke, Virginia.
Parcel 5: Tax Map No. 2660301, 3542 Melrose Avenue, N.W.
BEGINNING at a point on the south side of the Salem and
Roanoke 491.7 feet West of 37th Street; thence S. 23° 45'
W. 289.95 feet, more or less, to a point; thence N. 72"
49' W. 46.3 feet to a point; thence N. 23~ 45' E. 305.6
feet, more or less, to a point on the Roanoke and Salem
Road; thence with the south line of said Road, S. 64" 44'
E. 45.7 feet to the place of BEGINNING; and
LESS AND EXCEPT that certain strip or land 10 feet in
width conveyed unto the City of Roanoke, by Deed dated
February 15, 1950, of record in the Clerk's Office of the
Circuit Court for the City of Roanoke, Virginia, in Deed
Book 818, page 360.
Parcel 6: Tax Map No. 2660302, 3538 Melrose Avenue, N.W.
BEGINNING at a point on the south side of Salem and
Roanoke Road 441.7 feet west of 37th Street; thence S.
23° 45' W. 289.95 feet, to a point; thence N. 72° 49' W.
50 feet to a point; thence N. 23° 45' E. 295 feet, more
or less, to a point on the Roanoke and Salem Road; thence
with the south line of said Road S. 64° 44' E. 50 feet
to the place of BEGINNING; and
LESS AND EXCEPT that certain strip of land 10 feet in
width conveyed unto the City of Roanoke, by Deed dated
February 16, 1950, of record in the aforesaid Clerk's
Office in Deed Book 818, page 350.
from C-2 (Commercial) and RM-1 (Residential/Single and
Two Family) to RM-4 (Residential/Multi-family), such
rezoning to be subject to certain conditions.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
THE CITY OF ROANOKE:
The Petitioner, Total Action Against Poverty in Roanoke
Valley, Inc., a Virginia corporation, holds options to purchase
land in the City of Roanoke containing 2.72 acres, more or less,
located at 3526, 3534, 3528, and 3542 Melrose Avenue, N.W. and 1025
36th Street, N.W. Said tract is currently zoned C-2 (Commercial)
and RM-1 (Residential/Single and Two Family). 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 C-2 and RM-1 District to RM-4 (Residential/Multi-
Family) District, subject to certain conditions set forth below,
for the purpose of construction of a 72 unit elderly apartment
facility, including structures, site work and parking area.
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 aid in encouraging a
re-transformation of this area of Melrose Avenue back to a
"Residential Boulevard',.
The Petitioner hereby proffers and agrees that if the said
tract is rezoned as requested, that the rezoning will be subject
to, and that the Petitioner will abide by the following conditions:
That the property will be developed in substantial
conformity with the site plan prepared by The Architects
Design Group, dated August 9, 1991, a copy of which is
attached to the Petition for Rezoning as Exhibit B,
subject to any changes required by the City during site
review.
That if no building permit has been issued and no
construction commenced with 3 years from the date of
final zoning approval, the zoning shall revert to C-2 and
RM-1 without further action by the City Council.
Attached as Exhibit C are the names, addresses and tax numbers
of the owner or owners of all lots or property immediately adjacent
to and immediately across the street 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.
Respectfully submitted the 14th day of August, 1991.
TOTAL ACTION AGAINST POVERTY IN
THE ROANOKE VALLEY, INC.
" /,," '/~ -.i. '--~
' -' / / / r:xlstlng
/" '--. --. //~/L Heod St=rt Cente~
~,~,,"
///
o so ~ =oo =oo 40o soo //r/
I ~ I I I ' I I'
Scale
MAP DEPICTING AREA REQUESTED FOR REZONING
EXHIBIT A
~,6o31o
'ON tx
'O
2ro6o2,1~
MAP DEPICTING AREA REQUESTED FOR REZONING
EXHIBIT A
"-~,o~-- __ MELROSE AVENUE
SITE PLAN
Project Development Data
Acreage of Site
# Units proposed
# Parking Spaces required
# stories
Required Open Space
2.72 acres
72 units
36 spaces
Not to Exceed six stories
7,2O0 S.F.
Dated: August 9, 1991
EXI I1BIT B
THE
ARCHITECTS
DESIGN GROUP
312 M,N~KLq' ST. S.E r'~3N,,IOk'E,VA 2401 ~
ADJOINING PROPERTY OWNER LIST
EXHIBIT C
Official Tax ~an ~her
Owners Name and Mailin~ Address
2660203
2660204
2660205
2660206
2660311
2660315
2660314
2660313
2660306
RVW Enterprises
C/O National Pools of Roanoke,
Inc.
P. O. Box 6354
Roanoke, Virginia 24017
Herbert Louis Akers
Helen S. Akers
1024 Thirty sixth Street, N.W.
Roanoke, Virginia 24017
Herbert Louis Akers
Helen S. Akers
1024 Thirty sixth Street, N.W.
Roanoke, Virginia 24017
Melvin L. Mabry
Naomi B. Mabry
1006 - 36th Street, N.W.
Roanoke, Virginia 24017
Caru Realty Co.
3530 Dona Drive, N.W.
Roanoke, Virginia 24017
Floyd J. Cosby, Jr.
1010 Thirty Fifth Street,
Roanoke, Virginia 24017
NoWo
Agnes Woodruff Harris
1014 - 35th Street, N.W.
Roanoke, Virginia 24017
Kay Grosart
Marjorie H. Grosart
1020 - 35th Street, N.W.
Roanoke, Virginia 24017
The Clean Machine, Inc.
P. O. Box 1586
Charlottesville, Virginia
22902
ADJOINING PROPERTY OWNER UST
EXHIBIT C (con~d)
2660103
2660130
2660104
The Roanoke Mental Hygiene
Service Incorporated
920 S. Jefferson Street
suite 410
Roanoke, Virginia 24016
Rose Land Development
Partnership
3527 Melrose Avenue, N.W.
Roanoke, Virginia 24017
Rose Land Development
Partnership
3527 Melrose Avenue, N.W.
Roanoke, Virginia 24017
I~L~/Y F, PARKER
Ci~ Clerk
CITY OF ROANOKe.
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 30, 1991
File #15-207
SANDRA H. EAKIN
De0uty City Clerk
Ms. Margaret R. Baker
2140 Windsor Avenue, S. W.
Roanoke, Virginia 24015
Dear Ms. Baker:
I am enclosing copy of Resolution No. 30766-102891 reappointing you as a Director
of the Industrial Development Authority Board of Directors of the City of Roanoke,
to fill a four year term, commencing October 21, 1991, and expiring October 20,
1995.
Enclosed you will find a Certificate of your reelection and an Oath or Affirmation of
Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Municipal Building
prior to serving in the capacity to which you were reelected.
For your information and pursuant to Section 2.1-344.1, Code of Virginia (1950), as
amended, I am enclosing copy of the Freedom of Information Act.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Eno.
pc: Mr. W. Bolling Izard, Chair, Industrial Development Authority, P. O. Box
2470, Roanoke, Virginia 24010
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the
Council of the City of Roanoke and keeper of the records thereof, do hereby certify
that at a regular meeting of Council held on the 28th day of October, 1991,
MARGARET R. BAKER was reelected as a Director of the Industrial Development
Authority Board of Directors for a term of four years, commencing October 21, 1991,
and expiring October ~.0, 1995.
Given under my hand and the Seal of the City of Roanoke this 30th day of
October, 1991.
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 28th Day of October, 1991.
No. 30766-102891.
VIRGINIA,
A RESOLUTION reappointing a Director
Development Authority of the City of Roanoke,
year term on its Board of Directors.
of the Industrial
to fill a four (4)
WHEREAS, the Council is advised that the term of office of a
Director of the Industrial Development Authority of the City of
Roanoke, Virginia, expired on October 20, 1991;
WHEREAS, S15.1-1377 of the Code of Virginia
(1950), as
amended, provides that appointments made by the governing body of
such Directors shall, after initial appointment, be made for terms
of four (4) years.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that Margaret R. Baker is hereby reappointed as a Director
on the Board of Directors of the Industrial Development Authority
of the City of Roanoke, Virginia, for a term of four years
commencing on October 21, 1991, and expiring on October 20, 1995,
to fill a vacancy created by the expiration of the term of office
of said member on the Board occurring on October 20, 1991.
ATTEST:
City Clerk.
MARY F. PARKER
Ciw Clerk
CITY OF ROANOKF
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 30, 1991
File #15-207
SANDRAH. EAKIN
Deput~CityClerk
Mr. John J. Butler
2958 Hemlock Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Butler:
I am enclosing copy of Resolution No. 30767-102891 reappointing you as a Director
of the Industrial Development Authority Board of Directors of the City of Roanoke,
to fill a four year term, commencing October 21, 1991, and expiring October 20,
1995.
Enclosed you will find a Certificate of your reelection and an Oath or Affirmation of
Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Municipal Building
prior to serving in the capacity to which you were reelected.
For your information and pursuant to Section 2.1-344.1, Code of Virginia (1950), as
amended, I am enclosing copy of the Freedom of Information Act.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: va
Eno.
pc:
Mr. W. Bolling Izavd, Chair, Industrial Development Authority, p. O. Box
2470, Roanoke, Virginia 24010
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the
Council of the City of Roanoke and keeper of the records thereof, do hereby certify
that at a regular meeting of Council held on the 28th day of October, 1991,
JOHN J. BUTLER was reelected as a Director of the Industrial Development
Authority Board of Directors for a term of four years, commencing October 21, 1991,
and expiring October 20, 1995.
Given under my hand and the Seal of the City of Roanoke this 30th day of
October, 1991.
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 28th Day of October, 1991.
No. 30767-102891.
VIRGINIA,
A RESOLUTION reappointing a Director
Development Authority of the City of Roanoke,
year term on its Board of Directors.
of the Industrial
to fill a four (4)
WHEREAS, the Council is advised that the term of office of a
Director of the Industrial Development Authority of the City of
Roanoke, Virginia, expired on October 2~, 1991;
WHEREAS, S15.1-1377 of the Code of Virginia (1950), as
amended, provides that appointments made by the governing body of
such Directors shall, after initial appointment, be made for terms
of four (4) years.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that John J. Butler is hereby reappointed as a Director on
the Board of Directors of the Industrial Development Authority of
the City of Roanoke, Virginia, for a term of four years commencing
on October 21, 1991, and expiring on October 20, 1995, to fill a
vacancy created by the expiration of the term of office of said
member on the Board occurring on October 20, 1991.
ATTEST:
City Clerk.
CITY OF ROANOKE
INTERDEPARTMENT COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
October 22, 1991
Mr. Wilburn C. Dibling, Jr., City Attorney
Mayor Noel C. Taylor ~ · (~ · 7~o
Preparation of Measure for October 28, 1991 Agenda
Reappointing A Director of the Industrial Development Authority
of the City of Roanoke
Please draft the appropriate measure for consideration by Council at its regular
meeting on Monday, October 28, 1991, reappointing Ms. Margaret R. Baker as a
Director of the Industrial Development Authority of the City of Roanoke for a term
of four years, Commencing on October 21, 1991, and expiring on October 20, 1995.
Your usual prompt and courteous assistance will be appreciated.
NCT: se
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
October 30, 1991
File #60
SANX)RA 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,
October 28, 1991, Council Member William White, Sr., requested that you report to
Council with regard to the impact on the City of Roanoke as a result of the
continuing downturn of the economy as it relates to the expenditure side of the
City's budget.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
pc: The Honorable William White, Sr., Member, Roanoke City Council