Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council Actions 02-18-92
BOWERS (30880) REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL February 18, 1992 2:00 p.m. Call to Order Roll Call. AH Present. (Council Member Fi~paUick arrived nt 2:15 p.m.) The Invocation was deliv,~cd by The Reverend Michael Nevling, Pastor, Colonial Presbyterian Church. The Pledge of AHegiance to the Flag of the United States of America was led by Mayor Noel C. Taylor. CONSENT AGENDA (APPROVED 6-0, Council Member Fit~l~'ick had not arrived at the meeting.) .zJ_,L MATrF, RS LIgTF. D UNDER THE CONSENT AGENDA ARE CONSH)ERED TO BE ROUTINE BY THE crrY COUNCIL AND ~ I. BE ENACTF. D BY ONE MOTION IN THE FORM I.I.qTF~ BFLOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRF. D, THAT ITEM WH.L BE REMOVF. D FROM THE CONSENT AGENDA AND CONSIDERED SEPARATF. LY. C-I A report of the City Manager requesting an Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, specifically being the terms and conditions of various agreements and related legal documents, all in connection with the Hotel Roanoke Project, pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, svecifically being the temps and conditions various agreements and related legal :ocuments, all in connection with the Hotel Roanoke Project. pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. REGULAR AGENDA 3. HF~ARING OF CITI'ZF. NS UPON PUBIJC MATI~RS: None. 4. PETITIONS AND COMMUNICATIONS: A communication from the City's representatives to the Roanoke LYalley Resource Authority recommending approval of the Authority's Interim Budget in accordance with Section 5.9 of the Roanoke Valley Resource Authority Members Use Agreement. Adopted Resolution No. 30880-021892. (6-0) At this point, 2:15 p.m., Council Member Fit~paUick enlm~d the meeting. 2 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: A report with regard to the status of the Roanoke River Flood Reduction Project. Received and filed. ITEMS RECOMMENDED FOR A(fFION: e 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 Ordinance No. 30881-021892. (7--0) A report recommending appropriation of $31,532.00 received from the Department of Youth and Family Services to provide funds for maintaining services at the Crisis Intervention Center, Youth Haven I, and the Juvenile Detention Home. Adopted Budget Ordinance No. 30882-021892. (7--0) A report recommending appropriation of $12,872.00 received from the Department of Youth and Family Services to provide funds for administering the Sanctuary Family Oriented Group Home Program. Adopted Budget Ordinance No. 30883--021892. (7--0) be o A report with regard to a proposed policy for handling requests for real estate tax-exempt status. Adopted Resolution No. 30884-021892. (7-0) DIRECTOR OF FINANCE: A report with regard to the status of grants and loans to the City of Roanoke as of January, 1992. Received and filed. 6. RF~PORTS OF COMMITFF~F-5: ae A report of the committee appointed to tabulate bids received for new electric service for Festival in the Park in Elmwood Park on Bullitt Avenue, recommending award of a contract to Fischer Electrical Construction, Inc., in the amount of $44,500.00; and appropriation and transfer of funds therefor. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 30885-021892 and Ordinance No. 301~d':)-(r21892. (7-O) 7. UNFINISI-IF~D BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF 4 Ordinance No. 30867, on second reading, amending a certain proffered condition to the rezoning of two parcels of land located on Hawthorne Road, N. W., described as Lots 4A and 5A, Map of Ah'lee Court, Official Tax Nos. 2190408 and 2190409, from RS-3, Residential Single-Family District, to RM-1, Residential Multi-Family, Low Density District. Adopted Ordinance No. 30~67-021892. (7-0) Ordinance No. 30868, on second reading, rezoning a tract of land located at 2401 Clifton Avenue, N. W., described as Lot 5, Block 1, Official Tax No. 2430434, from RS-3, Residential Single-Family District, to RM-1, Residential Multi-Family, Low Density District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 30868-021892. (5-2, Vice-Mayor Musser and Council Member White voting no.) C+ Ordinance No. 30876, on second reading, amending the Code of the City of Roanoke (1979), as amended, by enacting new §21-85, Transporting a loaded rifle or shotgun, to Article III; Weapons, of Chapter 21, Offenses - Miscellaneous, Code of the City of Roanoke (1979), as amended, such new section prohibiting the transporting of a loaded shotgun or loaded rifle in any vehicle on any public street of the City; requiting notification to the Director of Game and Inland Fisheries; and providing for an effective date. Adopted Ordinnm~ No. 30876-021892. (7-0) 9. MOTIONS AND MISCgJJ.ANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10 OTHER HI~.ARING$ OF ~TrlT:F. NS: None. CERTIFICATION OF EXECUTIVE SESSION. (7-0) Reappointed Corinne B. Gott as the City's represe~tntlve to the Advisory Committee, League of Older Americ~n.~. 6 February 18, 1992 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel pursuant to S2.1-344(A)(7), Code of Virginia (1950), as amended, specifically being the terms and conditions of various agreements and related legal documents, all in connection with the Hotel Roanoke Project. Very truly yours, W. Robert Herbert City Manager WRH:shm cc: Mary F. Parker, City Clerk Wilburn C. Dibling, Jr., City Attorney Office of the City Clerk February 20, 1992 File #253-144 Mr. Gardner W. Smith, Chairperson Roanoke Valley Resource Authority 1216 Kessler Mill Road Salem, Virginia 24153 Dear Mr. Smith: I am enclosing copy of Resolution No. 30880-021892 approving the proposed five month interim budget for the Roanoke Valley Resource Authority for the period of February 1992 through June 1992, in order to provide for the start up and operation of the Roanoke Valley Resource Authority, as more fully set forth in a report from the Authority to Council under date of February 18, 1992. Resolution No. 30880- 021892 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 1992. Sincerely, p~]~.~ Mary F. Parker, CMC/AAE City Clerk MFP: sw F. nc. pc: Ms. Mary Allen, Secretary, Roanoke Valley Resource Authority, P. O. Box 29800, Roanoke, Virginia 24018-0798 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk February 20, 1992 File #253-144 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Sincerely, I am attaching copy of Resolution No. 30880-021892 approving the proposed five month interim budget for the Roanoke Valley Resource Authority for the period of February 1992 through June 1992, in order to provide for the start up and operation of the Roanoke Valley Resource Authority, as more fully set forth in a report from the Authority to Council under date of February 18, 1992. Resolution No. 30880- 021892 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 1992. Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011 (?03) 981-2541 Office of the City Clerk February 20, 1992 File #253-144 Mr. John H. Parrott, Chairperson Roanoke Valley Regional Solid Waste Management Board 714 Wildwood Road, S. W. Roanoke, Virginia 24014 Dear Mr. Parrott: I am enclosing copy of Resolution No. 30880-021892 approving the proposed five month interim budget for the Roanoke Valley Resource Authority for the period of February 1992 through June 1992, in order to provide for the start up and operation of the Roanoke Valley Resource Authority, as more fully set forth in a report from the Authority to Council under date of February 18, 1992. Resolution No. 30880- 021892 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. Room 456 ~lunicipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of February, 1992. No. 30880-021892. A RESOLUTION approving an interim budget for the Roanoke Valley Resource Authority upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that in accordance with section 5.9, Annual Budqet, of the October 23, 1991, Roanoke Valley Resource Authority Members Use Agreement, the City of Roanoke hereby approves the proposed five (5) month interim budget for the Roanoke Valley Resource Authority for the period February through June 1992, for start up and operation as more particularly set forth in the report to this Council dated February 18, 1992, provided however, that the City does not waive the right to review and approve itemized categories of expenditures and other applicable requirements for future annual budgets submitted by the Roanoke Valley Resource Authority. ATTEST: City Clerk. Roanoke, Virginia February 18, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Interim Budget, Roanoke Valley Resource Authority Section 5.9, Annual Budget of the October 23, 1991 Roanoke Valley Resource Authority Members Use Agreement requires the Authority to submit its annual budget to the Charter Member Users by April 1 of each year for approval. The State Corporation Connnission issued the attached Certificate of Amendment on January 10, 1992, thereby finalizing the creation of the Authority. The Authority held its initial meeting on February 4, 1992. Attached is a letter of transmittal and the interim budget approved by the Authority at its initial meeting. We recommend Council approve the interim budget in accordance with Section 5.9 of the Use Agreement. Funding for the budget will come from the Roanoke Valley Regional Solid Waste Management Board in accordance with the October 23, 1991 Assignment A~reement between the charter members, the Landfill Board, and the Authority. KBK:afm Respectfully submitted, Kit B. Kiser Attachments CC: City Manager City Attorney Chairman, Roanoke Valley Resource Authority GARDNER W. SMITH DEPARTMENT OF GENERAL SERVICES BUILDINGS MAINTENANCE SOLID W~TE MANAGEMENT COMMUNICATIONS KENNETH L. HARDESTY February 10, 1992 1979 1989 Mr. W. Robert Herbert City Manager City of Roanoke Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Dear Mr. Herbert: At the Roanoke Valley Resource Authority meeting held on February 4, 1992, the Authority Board approved a 5-month budget for the period February through June 1992, for start up and operation of the Resource Authority. The 5-month budget is broken down as follows: Personnel $ 52,095 Operating 101,060 Capital Equipment 32.000 TOTAL $185.155 As per the User Agreement dated October requested that Roanoke City Council approve the presented. 23, 1991, it is 5-month budget as GWS:wr ROANOKE COUNTY PUBLiC SERVICE CENTER 1216 KESSLER MILL ROAD · SALEM. VIRGINIA 24153 - (703) 387-6200 COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION January 10, 1992 The State Corporation Commission has found the accompanying articles submitted on behalf of ROANOKE VALLEY RESOURCE AUTHORITY (FORMERLY ROANOKE COUNTY RESOURCE AUTHORITY ) to comply with the requirements of law, and confirms payment of all related fees. Therefore, it is ORDERED that this CERTIFICATE OF AMENDMENT be issued and admitted to record with the articles of amendment in the Of,fice of the Clerk of the Commission, effective January 10, 1992. The corporation is granted the authority conferred On it by law in accord~ncs with the articles, subject to the conditions and restrictions imposed by law. STATg CORPORATION COMMISSION Co~issioner A TRUE COPY ~-~E: Willim J. Bridge Clerk of the Commission AMENACPT CIS20435 91-12-20-0090 Roanoke, Virginia February 18, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Status Briefing - Roanoke River Flood Reduction Project I. Background: A. Project involves the following features: Channel widening of approximately 10 miles of the Roanoke River, generally on one side of the river at any one location with clearing and snagging of trees and debris from the other side. Actual work will begin from a point just downstream of the Sewage Treatment Plant and continue upstream to a point in the vicinity of the downstream edge of the Blue Ridge Industrial Park (Aerial Way Drive). Recreation trail beginning at 13th Street Bridge, S.E. the Sewage Treatment Plant) and continuing upstream to Wasena Park. (near Three bridges across the river for the recreation trail; these bridges include replacement of the two low water bridges on Wiley Drive plus one new recreation bridge across the river downstream of Piedmont Park. Early warninR system to supplement the system improvements for flood predictions system installed by the Corps of Engineers (COE) and the National Weather Service after the 1985 flood. This feature includes more stream and rain gauges in outlying areas reporting data to a computer which is modeled to make river level predictions. Training walls, or "flood walls" as most people co,~nonly refer to them, in areas of Cleveland Avenue (7-Up Bottling Company and John McIntosh Furniture Company), downstream from Franklin Road near Maher Field and Victory Stadium and at the Sewage Treatment Plant. Floodproofing of the Sewage Treatment Plant and Roanoke Memorial Hospital. Floodproofing of the Sewage Treatment Plant, in addition to the training wall between the front of the main building and the river, involves work on the back portion of the main plant, the filter building, and the digester control building. The effort is to reduce flooding potential to these three critical areas but still let flood Page 2 Bo Co Do waters flood and cross the open areas of the yards and basins. Federal participation in floodproofing of Roanoke Memorial Hospital has been an "on again-off again" proposition, but the current effort is to reimburse Carillon Health System for the floodproofing work already performed by Carillon in the late 1980's. Council approved the pro.ject in concept on January 17, 1989, subject to a referendum in April, 1989. That referendum was approved by the City voters. City formally committed to participate in this project as local sponsor upon execution of the Local Cooperation Agreement (LCA) on June 25, 1990. Latest formal pro.ject estimat~ was $34,277~633 with the federal share being $19,947,047 and the local share being $14,330,586. anticipate this project estimate will increase due to the following conditions: We Environmental audit for property interest needed for Lands, Easements, and Rights-of-way - Worst case estimate is $1,250,000 with the federal share being 95%. Additional surveying and plattinc needed for property interest due to time delays generally, fish surveys, and COE acquisition procedures with all costs being 100% accessible to the City - $143,893. Archeological mitigation work resulting from archeological survey ~ Unknown. Re-approval of the floodproofing elmmmnt of Roanoke Mnmoria] Hospital - $668,629 with the federal share being $501,472 and the local share of $167~157 being reimbursed by Carillon Health System, Inc. Shut down and delay of the Sewage Treatment Plant contractor to allow time to relocate utilities - $19,431.04 with cost sharing currently being negotiated. Recent reports to Council have dealt with the following: June 17~ 1991 and September 23, 199! - Appropriations of utility tax revenues for the local share of the project. o September 23, 1991 - Supplemental Agreement No. ] to LCA for reimbursing Carilion Health System for any federal funds received for floodproofing Roanoke Memorial Hospital. Page 3 F. Upcoming action reports for Council consideration: Reco~mended approval of Survey Chan~e Order with T. P. Parker & Son for additional surveying work. Report is currently being reviewed by staff. Recommended approval of a change order with Dewberry & Davis Consulting Engineers for Phase II (either II A or II A and B) Environmental Assessment. Work scope is being established. II. Current Pro~ect Status: III. Flood Warning Element - Complete and mostly working; however, the project will work better once a new software program is progra~mmed. This work is being performed by City forces. Bo Sewage Treatment Plant Floodproofin8, including the training wall at the plant - Currently under construction. Co Recreation trail, including new river crossing, (50% local cost) and replacement of the two low water bridges (100% local cost) - Will be bid as part of the channel widening project. We have also asked the COE to advertise as part of the channel widening project the relocation of segments of the Roanoke River Sanitary Sewer Interceptor. Channel widening - This work will be delayed 6 - 12 months to allow time to resolve the archeological mitigation measures, agree to a work scope and perform the Level II Environmental Assessments, then acquire lands, easements, and rights of way. At this point, I do not think any channel widening work will begin until mid 1993 at the earliest. Uncertainty - There could be an adverse project impact should any of the property interests that we need to acquire be determined to be environmentally unacceptable. To the extent it is felt it unwise to attempt to acquire property or the property owner declines to clean-up any released substance, the project may need to be re-designed and the proposed benefit-to-cost ratio be re-evaluated. Page 4 IV. Questions - I will be pleased to respond to any questions that members of Council may have. Respectfully submitted, W. Robert Herbert City Manager WRH:KBK:afm cc: Chairman and Members, Flood Plain Committee City Attorney Director of Finance Director of Utilities & Operations Project Engineer Office of the City Clerk February 20, 1992 File #236-178-2 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30881-021892 approving the loan of Community Development Block Grant (CDBG) funds to Dwight M. and Lydia M. Reynolds, in connection with the City's Home Purchase Assistance P~ogram for property located at 1915 Hanover Avenue, N. W., which loan shall not exceed $22,750.00; authorizing you to execute documents providing for the assignment of certain options to Mr. and Mrs. Reynolds; authorizing you to execute documents approved as to form by the City Attorney necessary to implement and administer the loan, 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 note for the loan; authorizing you to execute a certificate of satisfaction, upon full payment and satisfaction of the loan; 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. 30881-021892 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 1992. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Dwight M. Reynolds, 1614 Hanover Avenue, N. W., Roanoke, Virginia 24017 The Honorable Arthur B. Crush, III, Clerk of the Circuit Court Mr. Wilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Mr. W. Robert Herbert February 20, 1992 Page 2 pc: Mr. Joel M. Schianger, Director of FinAnce Ms. Deborah J. Moses, Chief of Billings and Collections Mr. William F. Clark, Director, Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of February, 1992. No. 30881-021892. AN ORDINANCE approving the loan of Community Development Block Grant (CDBG) funds to certain individuals 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 individuals identified in the City Manager's report dated February 18, 1992, 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 Dwight M. Reynolds and Lydia M. Reynolds, which loan amount shall not exceed $22,750.00 for the purchase price, closing costs, attorney fees and rehabilitation of the property at 1915 Hanover Avenue, N.W., in accordance with the recommendations contained in the City Manager's report of February 18, 1992. 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. Dlbling, 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. 7. 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. Roanoke~ Virginia February 18, 1992 Honorable Mayor and Members of Council Roanoke~ Virginia 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 Housing Rehabilitation Loan Program, and '$240~000 in Community Development 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. /he 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 525,000 maximum rehabilitation loan/grants available to qualilying iow-moderate income households at 4% 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 4% 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 o£ 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 $20~000 State rehabilitation loa% and $5~000 Energy grant for the low-moderate income household(s). February lg~ 1992 Page 2 City Council's approval to provide loan of CDBG funds to the low-moderate income households(s) is necessary to allow the purchase and rehabilitation of currently substandard vacant properties to occur through the Home Purchase Assistance Program. III. Issues A. B. C. D. Cost to the City. Effect on Housing Conditions. Timing. 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(s), including Construction Disbursement Agreement(s). Upon payment or full satisfaction of the debt secured by the Deed of Trust(s) 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, 2r. as Trustees) securing the loan to be approved as to form by the City Attorney. (Attachment B) Cost to the City will be $22,750 in CDBG loan(s) as outlined in Attachment A. Funding is available in the Grant Fund in account number 035-099-g920-5115. 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 opportunities will be provided to low-moderate income household(s) who will rehabilitate and occupy currently substandard vacant properties, 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 CDISG loan(s) will allow closing to be held as provided in agreement(s) between the buyer(s) and seller(s) of the properties. February 18, 1992 Page 3 Do Administration of the rehabilitation will be overseen by RRHA, as provided for in the City's contract for services. Servicin[~ 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 reco[~nized as lost opportunity cost, as vacant, deteriorating properties will probably not be rehabili- tated and occupied by homeowners. The City will not receive increased tax revenue from the improved properties, and the tax base of nearby properties is likely to suffer as well. Effect on housing conditions will be ne[~ative as vacant, substan- dard properties probably will continue to deteriorate to the detriment of surrounding properties and neighborhoods. Further, home-ownership opportunities for low-moderate income households will be lost. Timing would require prompt notification to both the low-moderate income purchaser(s) and the seller(s) that the sale cannot close. Administration would not be an issue. V. Recommendation: Adopt Alternative A~ 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(s), including Construction Disbursement Agreement(s). Upon payment or tull 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 ~Yilburn C. Diblin§, 3r. as Trustees) securing the loan to be approved as to form by the City Attorney (Attachments B). Respectfully submitted, W. Robert Herbert City Manager February 18, 1992 Page # BC:rs(CR.56.1, 56.2~ 56.3, 56.t,) Attachments CC: City Attorney Director ot Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Chief, Otfice of Billings and Collections Director~ RRHA Attachment A On this date, February lg, 1992. Roanoke City Council is hereby requested to approve: CDBG loan not to exceed $22,750 under the Home Purchase Assistance Program to Dwight M. and Lydia M. Reynolds £or the purchase and rehabilitation o£ 1915 Hanover Avenue, NW, Tax Parcel 112320613. PRO3ECT COSTS Purchase Price Rehabilitation Costs Attorney's fees Closing Costs TOTAL PROJECT COSTS PRO3ECT FUNDING (LOANS & GRANTS) GRANTS: Energy Conservation Grant TOTAL GRANTS LOANS: State Rehabilitation Loan CDBG Loan TOTAL LOANS TOTAL PROJECT FUNDING $20,000.00 25,750.00 500.00 1,500.00 $07,750.00 $ 5,000.00 $ 5,000.00 $20,000.00 22,750.00 02,750.00 $07,750.00 ATTACHMENT B DEFERRED 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, 3r., 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 act; and the City of Roanoke, Virginia (herein referred to as the "City") legal holder of the hereinafter described note, NOW THEREFORE, WlTNESSETH: That for and in consideration of the provi- sions of this Deed of Trust (herein referred to as "Deed") and of $1.00 cash in hand paid and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby grant and convey unto the Trustees, with General ~arranty of title, the real property described with par- ticularity in Exhibit A, which is attached hereto, together with all buildings, improvements, and fixtures now or hereafter erected thereon, including without limitation ail apparatus, equipment, fixtures or articles, used to supply heat, gas, air conditioning, water, light, power, refrigeration, ventilation, or other services, and all items of personal property and any other thing now or hereafter therein or thereon used in connection with the real property including without limitation screens, window shades, storm doors and windows, affixed floor coverings, screen doors, venetian blinds, awnings, stoves and water heaters (all of which are declared to be a part of said real property whether physically attached thereto or not); and also together with all rights, privileges, appur- tenances, easements belonging or in any way appertaining thereto or otherwise relating to the real property, as well as any unearned hazard insurance premium with respect to such real property, all of which are hereby pledged, assigned, transferred and set over unto the Trustees, whether now due or hereafter to become due (all of such real property herein referred to as "Property") . IN TRUST, to secure to the City the performance and payment by the Grantor of all present and future obligations arising out of the Note and accompanying documents between Grantor and the City for an amount not to exceed at any one time outstanding the pricipal sum of ($ ) plus finance charges, late charges, and costs of collection, including attorney's fees and foreclosure expenses, to the order of the City of Roanoke, Virginia (hereinafter referred to as "Secured Indebtedness") which Secured Indebtedness is due and payable on order of the City, and also to secure the due and punctual performance by Grantor of each and every covenant and agreement (hereinafter referred to as the "Secured Covenants") of the Grantor to and with the City concerning or relating to the Property. Page I of 9 THIS DEED OF TRUST, except to the extent inconsistent with the specific and express provisions contained herein, shall in all other respects be read and construed with, and to such extent be deemed to incorporate by reference, the pro- visions of Section 55-59, Code oi 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 iollowing provisions: Exemptions waived Subject to all upon default Renewals and extensions permitted Insurance required dollars Substitution of Trustee permitted Any Trustee may act. The parties hereto aknowledge that the Grantor has executed a deed of trust note of even date (the "Note") payable to the City in the amount of Dollars ('$ ) and maturing on , 19 and evidencing a loan for the purchase and/or rehabilitation of a single family residence intended ~or 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: I. Title~ Payment and Performance. Grantor hereby covenants that Grantor is lawfully seized of an indefeasible estate in the Property in fee simple and has the right to convey it; that Grantor will execute such further assurances of title as may be requisite; that Grantor will pay punctually and promptly all of the said indebtedness; and that no purchaser hereunder shall be required to look to the application of the purchase money. 2. Maintenance of the Property. (i) Grantor shall promptly repair, restore or rebuild any part of the Property that may become damaged or destroyed while subject to the lien of this Deed; (ii) Grantor shall not commit or suffer waste of the Property; (iii) Grantor shall not commit or suffer to be done or exist on or about the Property any condition whereby the Property shall become less valuable; (iv) without prior permission, Grantor shall not remove or demolish any part of the Propertyi (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. q. 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_Do..main ~ud ements Awards ~ Settlements~ a~ Compensation'~ ~'~-~e Property, or any part th--6~e(~f, 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 shall be paid forthwith and directly to the City ol Roanoke to be applied on account of the then full amount of the indebtedness hereby secured. Grantor further transfers, sets over and assigns to the City all iudgements, awards ol damages, settlements and compensation made in con- nection with or in lieu of (il any damage to or destruction ol 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 perlormance of the Secured Covenants. 6. Delault in Payment of indebtedness. Grantor agrees that if default be made in the payment ol the indebtedness or covenants hereby secured, the Trustees (il may take possession of the real estate, or any part hereof, and lease in the name of and for the account ol Grantor, or in the name ol and for the account of its then owner; or (ii) may give notice of such delault 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 ol such events, the Trustees shall deduct from such rents all costs ol collection and administration and apply the net proceeds to the Secured Indebdtedness. The Trustees are hereby empowered to bring in their names, or each of them, or in the name of the owner of the Property, any suit or action they may deem advisable for the enforcement ol the provisions ol 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 lease or ol this clause, and shall not be personally liable to any person by virtue of their possession ol the Property or by virtue of their acting under any provision of this clause, except to the extent ol accounting Ior 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 ol default, or in the payment of any taxes or assessments, the City of Roanoke may pay same, and all sums so advanced shall immediately attach as a lien hereunder, and be payable on demand. Upon failure or inability faithluIly and Iully 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 therealter at any time to sue thereon at law or in equity, or to enforce payment thereo! by means ol any remedies or provisions in this instrument contained, and these rights shall exist notwithstanding that, by the terms ol the note or notes hereby secured, they may not on their Iace be due. 8. Advertisement For Sale. In the event o! default occurring as described in the preceding paragraph, then the Trustees, their successors or assigns, on being requested to do so by the City of Roanoke, shall sell for cash the Property, after first advertising the time, place and terms of sale once a week for two weeks in some newspaper published in, or having a general circulation in, the county, city or town wherein the Property lies, or by any method of advertisement that the Trustees may deem advisable. Page 3 9. Entry and Receivership. In the event of any default hereunder and irrespec- tive of whether the City accelerates the maturity o~ all indebtednesses secured hereby, the City may exercise the rights and remedies provided herein. In addition, in the event of such default, the City, upon the City's written demand to the Trustees~ or the Trustees, without notice~ may enter upon and take possession of the Property or any part thereo~, and perform personally or by their agents any acts ~vhich the City or the Trustees deem necessary or proper to operated manage and con- serve the Property and/or have a receiver appointed. 10. Postponement or Continuance of Sale. If at the time of the sale the said Trustees, or the one acting, shall deem it best for any reason to postpone or con- tinue said sale for one or more days, they or he may do so, in which event, notice of such postponement or continuance shall be made in such manner as the Trustees, or the one acting, may deem sufficient. It is further agreed that if the said property shall be advertised for sale as herein provided and not sold, the Trustees, or the one acting, shall be entitled to one-half the commission by law provided, to be com- puted on the amount of the principal then unpaid. 11. Written or Oral Representations of Default. Grantor further covenants that the Trustees may rely upon the written or oral representations of the City of Roanoke that this Deed of Trust is in default, and all action taken pursuant to notice of default and request for foreclosure shall be binding upon Grantor, the Trustees and those claiming through or under them. 12. Quiet Use~ Possession and ManaRement. Until default in the payment of the indebtedness hereby secured, or the breach of one or more of the covenants of the note(s) evidencing the said indebtedness, or of this Deed of Trust, or the happening of any event which would constitute a default under the terms hereof, Grantor shall remain in quiet use, possession and management of the Property, and in enjoyment of the income, revenue and profits therefrom, subject to the terms of this Deed. 13. Heirs~ E~xecutors~ Adrninistrators~ 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 19. 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 ail such policies to be in form satisfactory to, and in insurance companies approved by, the City. The proceeds of any such insurance shall be applied to the full repayment of the Secured Indebtednesses. Such policy or policies 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 shall be the sole judge of the validity, priority and amount of any such claim so paid by it and the necessity for the performance by the City of any such act which the Grantor was required but failed to perform. The City at its option, shall be subrogated to any encumbrance, lien, claim or demand which it has paid under the provisions hereof and any such subrogation rights shall be additional and cumulative security to those set forth in this Deed and as provided by law. (b) Upon the payment of any sums or performance of any act which the Grantor fails to pay or to perform, the amount so paid or the cost of performing any such act, together with other sums paid or incurred by the City (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, rehabilitation, or management of the Property, shall provide an equal opportunity for employment without unlawful discrimination. (b) The provisions of this paragraph shall apply during the period when the Secured Indebtedness is secured by this Deed. (i) a. The Grantor shall commence and proceed with the rehabilitation with 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 labor, services or materials necessary to install, construct or complete those improvements in accordance with the work write-up or the plans and specifications for the Property which were submitted to and approved by the City (such write-up or plans and specifications are referred to herein as the "Plans"). The Plans are incorporated herein by re~erence. Page c. in the event that any proceeding or authorization is required by any applicable [aw or regulations either to enable the Grantor to execute, deliver or perform its duties hereunder or to undertake and complete the Rehabilitation, the Grantor will take all steps necessary including the payment of license and permit fees, to secure such approval, or to comply with such 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) a. The Grantor understands that the City is subject to the requirements of the Virginia Housing Partnership Revolving Fund Guidelines as amended from time to time (referred to herein as the "Fund Guidelines"), The Grantor hereby covenants and agrees to comply with the Fund Guidelines and agrees not to act or fail to act in any way which would cause the City to be in non- compliance with any of the Fund Guidelines, b. Without in any way limiting the foregoing, and without the prior written consent of the City, the Grantor shall not rent to, or otherwise allow occupancy of the Property by, any person or family other than the the Grantor and his family (who, shall at the time of execution of this Deed, have an annual gross income less than or equal to 80% of the median family income as deter- mined by the Virginia Housing Partnership Revolving Fund for the applicable market area), for a period to expire eight years from the date hereon, and after this eight year period the Grantor shall not rent to, or otherwise allow occupancy of the Property by, any person or family who, shall at the time of occupancy, have an annual gross income greater than 80% of the median family income as then determined by the Virginia Housing Partnership Revolving Fund for the applicable market area. The Grantor shall examine and determine the income and eligibility of any person or family who is to rent or occupy the Property and shall report such determination to the Virginia Department of Housing and Community Development, or its assigns, in such form as it shall require. Such examination and determination shall be made, and such report shall be submitted to the City for approval prior to initial occupancy of the Property by such person or family. The Grantor will not permit the use of the Property except as a single family residence without the prior approval ol the City. Page 6 18. Approvals and Authorizations. All approvals and authorizations under this Deed of Trust shall be in writing from the Building Commissioner or the Assistant ~uilding 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, an)' 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 duel (ii) by filing a petition in bankruptcy or for the adoption of an arrangement under the National Bankruptcy Act (as now or in the future amended) or an admission seeking the relief therein provided; (iii) by making an assignment for the benefit of creditors; (iv) by consenting to the appointment of a receiver or trustee for all or a substantial part of its assets or to the filing of a petition against it under said Bankruptcy Act; (v) by being adjudicated a bankrupt; (vi) by the entry of a court order appointing a receiver or trustee for all or a substantial part of the assets of Grantor or approving as filed in good faith a petition filed against it under said Bankruptcy Actl (vii) by the assumption of custody or sequestration by a court of competent jurisdiction of all or substantially all of the assets of the Grantor; (viii) by an attachment for an amount in excess of $5,000 on any substantial part of the assets of the Grantor which shall not be discharged within thirty (30) days from the making thereofl (ix) by a judgement or decree for the payment of money in excess of $5,000 being entered against the Grantor, or if an attachment, execution or levy is made upon any of its assets and the iudge- 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 bel 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 ~vriting, and all documents referred to herein, constitute the entire agreement. No modification of this writing shall be made without written consent of the Grantor and the City. 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 wil! 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: Housin~ Development Office, Administrator 215 Church Avenue 5~ Room 170 - Building Department Roanoke, VA 2~011-1592. Upon the payment of all Secured In~ebtednesses and upon the performance of all Secured Covenants, the Grantor covenants to pay the expenses of releasing this Deed. WITNESS the following signatures and seals. (SEAL) (SEAL) STATE OF VIRGINIA CITY OF ROANOKE, to wit: day of The foregoing instrument was acknowledged before me this , 19_ by My commission expires: NOTARY PUBLIC Page 8 EXHIBIT A Property Description Page CITY OF ROANOKE, VIRGINIA DEED OF TRUST NOTE $ Roanoke, Virginia , 19 FOR VALUE RECEIVED, the undersigned jointly and severally promise to pay to the order of the City of Roanoke, Virginia (the "Noteholder"), the prtncipal 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 (0~%) per annum. The principal and interest shall be payable at the principal office of the City of Roanoke, Department of Billings and Collections, or such other place as the Noteholder may designate in writing, in consecutive monthly installments of Dollars ($ ) each, on the first day of each month beginning 19__, and continuing on the like day of each successive month thereafter until the entire indebtedness evidenced hereby is fully paid, except that any remaining, if not sooner paid, 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 ot 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 iointly and severally waive presentment, demand, protest, notices of dishonor and of protest, the benelits 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 ~ 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. DibJing 3r., and 3oel M. SchJanger. WITNESS the following signatures and seal, (SEAL) (address) (SEAL) COMMONWEALTH OF VIRGINIA ) CiTY OF ROANOKE ) To-wit: 1 hereby certify that the foregoing Deed of Trust Note was acknowledged before me by , this __ day of , 1990. My Commission expires-' 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 Office of the City Clerk February 20, 1992 File #60-304-305 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30882-021892 amending and reordaining certain sections of the 1991-92 General Fund Appropriations, providing for appropriation of $31,532.00, representing Cost of Living Allowance Funds received from the Department of Youth and Family Services in order to maintain services at the Crisis Intervention Center, Youth Haven I and the Juvenile Detention Home. Ordinance No. 30882-021892 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 1992. Sincerely, P/l_~c_.__ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc.' Mr. W. Robert Herbert, City Manager Mr. James D. Ritchie, Director, Human Resources Mr. Mark C. Johnson, Manager, Juvenile Detention Home Mr. Jack E. Trent, Manager, Juvenile Probation House (Youth Haven I) Ms. Andrea B. Krochaiis, Manager, Crisis Intervention Center Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 218 Church Avenue, S.W, Roanoke, Virginia 24011 (;'03) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 18th Day of February, 1992. No. 30882-021892. AN ORDINANCE to amend and reordain certain 1991-92 General Fund Appropriations, and sections of the providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro ri&t ons Public Safety Juvenile Detention Home (1) ........................ Youth Haven (2) .................................... Crisis Intervention (3) ............................ R~venue Grants-in-Aid Commonwealth Other Categorical Aid (4) ......................... 1) Temporary Employee Wages 2) Expendable Equipment 3) Expendable Equipment 4) Juvenile Facilities Block Grant (001-054-3320-1004) $ 17,477 (001-054-3350-2035) 6,518 (001-054-3360-2035) 7,537 (001-020-1234-0652) 31,532 $29,271,647 676,141 351,017 384,018 $53,347,878 12,854,260 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. February 18, 1992 The Honorable Mayor and City Council Roanoke, Virginia SUBJECT: FUNDS FROM THE DEPARTMENT OF YOUTH AND FAMILY SERVICES I. BACKGROUND The City of Roanoke received Cost of Livina Allowance Funds (COLA) from the Department of Youth and Family Services (DYFS) to maintain services at the Crisis Intervention Center (Sanctuary), Youth Haven I, and the Juvenile Detention Home. II. CURRENT SITUATION DYFS Cost of Livina Allowance Funds have been received by the City of Roanoke by the facilities, as follows: 1. Crisis Intervention $ 7,537.00 2. Youth Haven I 6,518.00 3. Juvenile Detention Home 17,477.00 III. ISSUES TOTAL $31,532.00 A. Budget B. Program Needs C. Time The Honorable Mayor and City Council Funds from the Department of Youth and Family Services Page 2 IV. ALTERNATIVES A. Appropriate the COLA Funds to the Crisis Intervention Center, Youth Haven I and Juvenile Detention Home. Budget - Ail funds have been received by the city. No local funds are required. Program Needs - The facilities may use the funds to offset increased costs attributable to inflation. Time - Funds will be spent in the current fiscal year. Do not appropriate the COLA Funds to the Crisis Intervention Center, Youth Haven I and the Juvenile Detention Home. Budget - Funds already received will have to be returned to the Department of Youth and Family Services. Program Needs - Inflationary impact on these programs will have to be borne by the City of Roanoke. 3. Time - Time would no longer be a consideration since funds would be returned. RECOMMENDATION A. Appropriate the DYFS Funds to the Crisis Intervention Center. Youth Haven I and Juvenile Detention Home and increase corresponding revenue estimates as follows(Alternative A): The Honorable Mayor and city Council Funds from the Department of Youth and Family Services Page 3 Crisis Intervention Center - Revenue 001-020-1234-0652 - Crisis Intervention $ 7,537.00 to Account No. 001-054-3360-2035 Youth Haven I - Revenue 001-020-1234-0652 - Youth Haven I $ 6,518.00 to Account No. 001-054-3350-2035 Juvenile Detention Home - Revenue 001-020-1234-0652 - Juvenile Detention $ 17,477.00 to Account No. 001-054-3320-1004 Total Revenue and Appropriations $ 31,532.00 Respectfully submitted, W. Robert Herbert City Manager WRH:JDR:MCJ:w cc: Wilburn Dibling, Jr., City Attorney Joel Schlanger, Director of Finance J. D. Ritchie, Director of Human Resources Jack Trent, Manager, Youth Haven I Annie Krochalis, Manager, crisis Intervention Center Mark Johnson, Superintendent of Detention Office of the City Clerk February 20, 1992 File//60-304-305 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30883-021892 amending and reordaining certain sections of the 1991-92 General Fund Appropriations, providing for appropriation of $12,872.00, in connection with funds received from the Department of Youth and Family Services, in order to bring the total revenue of the Family Oriented Group Home Program up to the level of the current state block grant of $32,872.00. Ordinance No. 30883-021892 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, Feblmary 18, 1992. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc: Mr. William B. Leaman, Manager, Youth Facilities, Department of Youth and Family Services, 5306 Peters Creek Road, N. W., Roanoke, Virginia 24019 Mr. W. Robert Herbert, City Manager Mr. James D. Ritchie, Director, Human Resources Ms. Andrea B. KrochaHs, Manager, Crisis Intervention Center Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 {?03) 981.2541 AN 1991-92 General Fund emergency. WHEREAS, for the Government of the City exist. THEREFORE, BE IT Roanoke that certain IN THE COUNCIL OP THB CITY OF ROANOKB, VIRGINIA The 18th Day of February, 1992. No. 30883-021892. ORDINANCE to amend and reordain certain Appropriations, sections of the and providing for an usual daily operation of the Municipal of Roanoke, an emergency is declared to Appropriations, be, and the same are reordained to read as follows, in part: ORDAINED by the Council of the City of sections of the 1991-92 General Fund hereby, amended and A ro riations Public Safety Crisis Intervention (1) ............................ Reve~u~ Grants-in-Aid Commonwealth Other Categorical Aid (2) ......................... 1) Purchased Services (001-054-3360-3160) $ 12,872 2) Juvenile Facilities Block Grant (001-020-1234-0652) 12,872 $29,252,987 389,353 $53,329,218 12,835,600 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. The Honorable Mayor and Members of City Council Roanoke, Virginia Roanoke, Vi rgi~'ia February 18, 1992 Mayor and Members of Council: SUBJECT: Funds From the Department of Youth and Family Services for the Sanctuary Family Oriented Group Home Program (FOGH) II. I. BACKGROUND City of Roanoke receives funds from the Department of Youth and Family Services to administer a Family Oriented Group Home (FOGH) program for local children in need of a therapeutic residential placement while staying in their parents custody. Program is administered through the Crisis Intervention Center and known as Sanctuary Family Oriented Group Home (FOGH) program. Funding in the amount $45,221.00 was transferred in July, 1988 from the City of Staunton's 25th District FOGH program. Staunton's program was closed due to under utilization. This funding is being used for the FOGH Coordinator salary and as of 11-01-91 was $24,750.65. Amount of the block grant for Fiscal Year 1990-91 was $32,754; funding in the amount of $20,000 has been appropriated for Fiscal Year 1991-92. CURRENT SITUATION Department of Youth & Family Services has provided more funding than anticipated to administer the FOGH program. Adopted revenue estimate for funding of the FOGH program is $20,000.00. 2. Actual amount of the block grant for FY 91/92 is $32,872.00. .Family Oriented group Home Program is subject to the standards for Family Oriented Group Homes promulgated by the Department of Youth & Family Services and standard auditing practices. III. ISSUES A. Bedspace - an increased need for therapeutic placement exists in the community: The Honorable Mayor and City Council Page 2 A waiting list of six to thirty children often exists for placement at the Crisis Intervention Center. Mental Health Services has closed two adolescent residential facilities: Adolescent Crisis Unit, Kiwanis Independent Living Program. Current Programs do not provide for all adolescents in need of services. B. BUDGET Block Grant funds of $32,872.00 have been awarded to the City of Roanoke by the Department of Youth & Family Services to operate the Family Oriented Group Homes (FOGH). This includes a }12~872.00 in unanticipated funding that has not been appropriated. 3. No local funds are required. IV. ALTERNATIVES Ao Appropriate $12~872.00 to the Crisis Intervention Center to bring the total revenue of the FOGH program to the level of the current state block grant of $32,872.00. Bedspace - increase bedspace available to adolescents and human services delivery system. Budget - all funds have been received by the City. No local funds are required. B. Do not appropriate }12~872.00 to the Crisis intervention Center. Bedspace - waiting list will continue at Crisis Intervention Center, some adolescents will not be given services. Budget - funds already received will have to be returned to the department of Youth & Family Services. The Honorable Mayor and City Council Page 3 Vo RECOMMENDATIONS WRH/ABK:gr cc. J.D. Appropriate $12~872.00 to the Crisis intervention Center Account 001-054-3360-3160 to bring the total revenue of the Family Oriented Group Home program up to the level of current state block grant of $32,872.00 Increase the Block Grant Revenue account (001-020-1234-0652) by $12,872.00. Respectfully submitted, W. Robert Herbert City Manager Ritchie, Director of Human Resources Wilburn C. Dibling, Jr., City Attorney Joel Schlanger, Director of Finance Bill Leaman, Manager of Youth Facilities, Department of Youth & Family Services Diane Akers, Office of Management & Budget CHARLESJ. KEHOE DIRECTOR C©MMO ALTH o£ VIt GINIA Department of Youth & Family Services November 15, 1991 MEMORANDUM WESTERN REGION EUGENE C MORGAN REGIONAL ADMINISTRATOR 5306 PETERS CREEK ROAD ROANOKE, VIRGINIA 24019 (703) 857 7186 SCATS 857-7166 FAX 857-7209 TO: Annie Krochalis /l~.[~j FROM: William B. Leaman RE: Sanctuary FGH Block Grant Funding The Sanctuary FGH program received a block grant in the amount of $32,754 for FY90/91. For FY91/92, the amount is $32,872. An additional $24,100 has been_qre uested with Board Approved Project Prioritization (approved 9/12/91) which was submitted to the Department of Planning and Budget for inclusion in the Department of Youth and Family Services 1991/94 Biennium Budget request. If approved, you will be advised as soon as the funds are available. WBL:chp "TO REDUCE JUVENILE DELINQUENCY AND PROTECT THE PEOPLE OF THE COMMONWEALTH" Office of the City Clerk February 20, 1992 File #79 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30884-021892 establishing the policy of the City with respect to supporting requests of certain non-profit organizations to exempt certain property from taxation, pursuant to Article X, Section 6(a)(6), of the Constitution of Virginia, effective March 1, 1992. Resolution No. 30884-021892 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 1992. Sincerely, ~4x~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene. pc.' The Honorable Jerome S. Howard, Jr., Commissioner of Revenue The Honorable Gordon E. Peters, Treasurer Mr. Joel M. Schlanger, Director of Finance Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. Barry L. Key, Manager, Office of Management and Budget Mr. William F. Clark, Director, Public Works Mr. Brian J. Wishneff, Chief, Economic Development Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 18th Day of February, 1992. No. 30884-021892. A RESOLUTION establishing the policy of the City with respect to supporting requests of certain non-profit organizations to exempt certain property from taxation pursuant to Article X, S6(a)(6) of the Constitution of Virginia. WHEREAS, this Council from time to time, has been requested to adopt a resolution in support of a non-profit organizations request of the General Assembly pursuant to Article X, Virginia; WHEREAS, with respect to be designated exempt from taxation Section 6(a)(6) of the Constitution of this Council has not heretofore adopted any policy to those organizations requests and the terms and an organizations conditions under which Council will support request for tax-exempt status; WHEREAS, a written policy will assist Council in considering whether an organization should be given Council's support of its request for tax exempt status, and a written policy also will help to insure that all similarly situated organizations are treated uniformly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That effective March 1, 1992, as a condition to receiving a resolution from Council supporting its request of the General Assembly to be designated exempt from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia, all organizations must: (a) request a written determination from the Commissioner of revenue whether the organization is tax-exempt by classification or designation under the Code of Virginia; (b) notify the City Clerk, in writing, of the organization's intent to seek new or additional space for its activities, such notice shall be given 45 days prior to the organization's entering into any contract for the purchase of real property for which it intends to seek tax-exempt designation; (c) agree to pay to the City an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to the real property of the organization, in the City of Roanoke, were the organization not exempt from such taxation, for so long as the organization's real property is exempted from State and local taxation; (d) (e) submit to the City Manager detailed answers to the questions set forth in subsection B of S30-19.04 of the Code of Virginia (1950), as amended, such answers must be submitted no later than November 15 in order to receive a resolution to be considered by the next session of the General Assembly; and file a petition for tax-exempt status with City Council at least sixty (60) days in advance of the first day of the next session of the General Assembly. 2. If the Council adopts a resolution supporting an organization's request of the General Assembly, and the request is granted: (a) the value of all exempted taxes shall be deducted from any funding provided by the City to the organization; and (b) the Commissioner of Revenue and the Office of Real Estate Valuation will monitor the tax-exempt status of the property through the use of: (1) biennial application for tax-exemption; and (2) regular use compliance checks Office of Real Estate Valuation. ATTEST: by the City Clerk. February 18, 1992 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: Proposed policy for Handling Requests for Tax-Exempt Status I. Background: ~ of Roanok__ge does not have a policy for handling requests for tax-exempt status. City Manaqer was requested to develop a proposed policy statement for handling requests for real estate and personal property tax-exempt status. City Council requested information on three topics related to tax-exempt status. (See Attachment A) II. Current Situation: ~ort of tax-exempt property in the City has been studied (Attachment B). The City's past history on granting tax exemptions have been analyzed and other localities were surveyed as to their policies on tax- exempt requests. Pro osed olic has been drafted and addresses the issues related to eligibility for tax-exempt status (Attachment C). Pr_~_qposed ~ will have no effect on existing tax- exempt organizations. Only organizations applying for tax-exempt status after March 1, 1992 will be required to adhere to the proposed policy. City Council inquired as to the amount of tax-exempt property in adjacent jurisdictions of: Roanoke County - 9.4% (Majority - National & State Forest Land) - See Attachment D. Mayor and Members of Council February 18, 1992 Page 2 Salem - 21% (Majority - Roanoke College and VA Hospital) - See Attachment E. III. Issues: A. Timing. B. Cost. IV. Alternatives: City Council adopt a resolution establishing the proposed policy for handling requests for tax-exempt status. Timinq in that policy will be in place to handle all future requests for tax-exempt status. Cost to the City due to real estate taxes lost to tax-exempt entities will be offset by the deduction of the value of tax-exempt status from any contributions made by the City to the tax-exempt entity. city Council not adopt a resolution establishing the proposed policy as a future guide for handling requests for tax-exempt status. 1. Timinq for request will not be met. Cost to the city could increase due to lost real estate tax revenue. V. Recommendation: City Council adopt a resolution establishing the proposed policy for handling requests for tax-exempt status. Respectfully submitted, W. Robert Herbert City Manager WRH/EDC:kkd cc: Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Barry L. Key, Manager, Office of Management and Budget Jerome S. Howard, Jr., Commissioner of Revenue Nadine C. Minnix, Acting Director, Real Estate Valuation ATTACHMENT A How many 501(C) (3) organizations within the City limits own real estate which is tax-exempt? ORGANIZATION CITY-FUNDED YMCA No YWCA No Hunton YMCA No Goodwill Industries* No City Rescue Mission No Baptist Goodwill Center No Salvation Army+ Yes Children's Home Society of VA No Red Cross No Free Clinic Yes Roanoke Mental Hygiene** Yes Garden Clubs No Eye Bank No Roanoke Valley Speech & Hearing Yes Friendship Manor No Roanoke Area Assoc. Retarded Children Yes SPCA No Western Virginia Foundation for Yes Arts and Sciences Community Health Services No (part of Roanoke Memorial) Greenvale Nursery School No Gainsboro Neighborhood Dev. Corp. CDBG Planned Parenthood No SWVA Comm. Development Fund CDBG NW Neighborhood Dev. Corp. CDBG Community Housing Corporation CDBG Virginia Society for Crippled Children No Adult Care Center of Roanoke No Specific Reading & Learning No Disabilities*** Williamson Road Lifesaving Crew Yes Elm Manor Homes**** No United Way No TAP Yes TOTAL VALUE REAL ESTATE TAXES EXEMPT $27,379,870 $ 342,248 * Merged with Tinker Mountain Workshop which i__s City-funded. ** Part of Mental Health Services *** City donated land - Si/year lease, building only **** Home for retarded adults run through Christ Episcopal Church + Funding is for contracted services. ATTACHMENT A (cont.) Of those 501(C) (3) organizations that are tax-exempt and receive funds from the City, does the City subtract the value of the tax-exempt status from the funds that are contributed to such organization so that the organization will be comparable with organizations that do not enjoy tax-exempt status? No. Does the City have a mechanism or clearinghouse for identifying space needs of tax-exempt organizations? No. A one-time study of space needs was done as part of the Jefferson High School study. SUMMAI~y C fAX EXEMPT AND TAX IMMUNE RE,:,. PROPERTY IN' THE .. C i r,¥ OF R~anok~ County. Ci~ or To,m) IN ~E T~ ~B 19 _90 Exempt or Immune Classification I. C, overnmen~l a. FederaJ h. Educ~ona] i. Other TOTALS kmd~ 2,358,300 610 '5,100 36,049,124 15,108,270 405,000 954,900 7,093,620 85,293,924 8,617,700 125,815,164 77,005,465 650,400 3,145,500 89,851,000 333,543,229 10,976,000 I0,472,210 0,500 161,864,288 92,113,735 1,055,400 4,100,400 96,944,620 418,837,153 137,200 130,903 516,38l 2,023,304 ,151,422 13,193 51,255 808 5,235,466 Section 58.1-3604 of the 1950 Code of Virginia as amended requires the local assessing officer to publish this infor. mation annually and tile a copy of this Form with the D~partment ofTa. xation. VALUE 418,837,153 2,636,320,572 3,055,157,725 13.71 % I hereby certify that tile infimmLtm,~ appearing on this form is true and cor- rect to the best ofmvab tv and there are no~n its face. ' ATTACHMENT C - Proposed Policy Effective March 1, 1992, as a condition to receiving a resolution from City Council supporting property tax-exemption by the General Assembly, all agencies or organizations must: Request, in writing, from the Commissioner of Revenue, a review of their request to determine if they are already eligible for tax-exempt status by classification or designation under the Code of Virginia. Notify the City Clerk, in writing, 45 days prior of their intent to purchase property and seek tax-exempt status. Agree to pay a service charge equal to 20% of their real estate taxes to cover the cost of basic services provided by the City. (Police, fire, refuse collection). The value of all exempted taxes shall be deducted from any funding provided by the City to the tax-exempt agency. Must submit to the City Manager detailed answers to the eight questions required by law. The eight questions are as follows: 1) Whether the organization is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954; 2) Whether an alcoholic beverage license has been issued for serving alcoholic beverages on the property for which exemption is sought; 3) Whether any director or officer of the organization seeking tax exemption is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services actually rendered; 4) Whether any part of the net earnings of the applicant organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or local, state or federal grants; 5) Whether the organization provides services for the common good of the public; 6) Whether a substantial part of the activities of the organization involves carrying on propaganda, attempting to influence legislation or participating in political campaigns; 7) Whether any rule, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin; and 8) Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. File petition for tax-exempt status with City Council 60 days in advance of first day of Session of General Assembly. Each tax-exempt entity will be monitored by the Commissioner of Revenue and the Office of Real Estate Valuation through the use of: A. Biennial application for tax-exempt status. B. Regular use compliance checks by the Office of Real Estate Valuation. ATTACHMENT D .------r-, SUMM,-~RY OF TA ~XENII~L' AND T-LX IMMUNE REAL F PER~' IN THE CnT~N~ OF ~OANOKE IN THE T~ YEAR 19 91 (C~n~, ~ F~e~ 7. 486. 900 1.553.7o0 q n~n ~nn 102.1 b. S~e 5~081~ 200 12,1~1,800 17.2~3.~ c. ~on~ 0 0 17~779~1~0 80~2~6~ ~DO ' 9~.~6~.9~0 1.~.~.~ e. ~p[e 0 0 . [ Be~°m 8~746~900 45~300~800 56,047,709 g. Ch~mble 734 ~ 600 4 ~ 958,000 ~, 692,600 64, h.~.u.Educa~°n~ 3~ 573t 600 41,552,300 45,125~ 900 509, i. O~i'°~, s,~oo 8,~oo 5~746~200 26,175,200 ~1,921,400 360,7~ ~. TOTA~ 49,156,900 211,958,600 261,115,500 2,950,60[.! 4. Tot,,I tax exempt ~nd tax immune Re,,] Estate (~'om line 3 above/ · 5. Total taxable real estate (from local land book1 8. Toud taxable and tax exempt real estate [line 4 plus line $) ?. Percentage mx exempt ~d tax immune real estate represents in relation to all real estate (line,,4 divided by line 6) VALUE 261~115,500 2~648~ 165,30C 2~ 909~ 280~80C 9 % Section 58.1-3604 of the 19.50 Code of Virginia as amended requires the local assessing officer to publish this infor- mation annually and tile a copy of this form with the D~partment of T,~xation. I hereby certify that the infi)rmation appearing ot~ this form is true and cor- rect to the best of,ny~d~ilitFand t e'e are no error~u its face. ~ ATTACHMENT E SU,'k'I~L-LRy OF TAX F-XE,%IFT AND 'Et~ INIMUN£ B,EAL PROPEI~TY I,%' THE City OF ~llem, Ya e, Mul~ple 7,3~1,4O0 19,5~,800 137,100 $,700 · "0- 26,970,200 -0- 5,837,100 80L171 34,08t 71,957 318,248 68,877 261,~ 72,934 803,369 9,073 2,441,678 S, Toed ~-=;~-;e mai ~ $. To~J ~-~q~._ and t~ ~/.~,,,~ ~ uUm VALUE 777,9/1,200 I hereby certify that the inform,,tion appearing on this fo~ is tree ~d cor- ot to ehe ~t of my abili~' ~mci am no e~ on i~ (st~ed) ~ A CITY OF ROANOKE. OFFICE OF THE CITYA~FOtLNEY 464 MUNICIPAL BUILDING ROANOKE, 'vIRGINIA 24011-1~ WILBURN C. DIBUNG, JR. December 16, 1991 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI KATHLEEN MARIE KRONAU The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Exemption of property from taxation Dear Mrs. Bowles and Gentlemen: At the City Council meeting of November 11, 1991, Council had before it the request of Council of Community Services that its newly acquired property at 502 Campbell Avenue, S. W., be declared tax exempt. This request was referred to the City Manager and City Attorney. By this report, I am pleased to address the legal issues surrounding exemption of property from real and personal property taxation. Specifically, this report addresses the constitutional basis for tax exemption, authority of the General Assembly, restrictions on exempt property, the procedure for obtaining exemption and the issues to be considered by City Council in acting upon exemption requests. EXEMPTION OF PROPERTY BY CONSTITUTION The power to tax is an attribute of sovereignty. Localities in Virginia are not sovereign, however, and necessarily depend on an explicit delegation of authority from the Commonwealth to impose taxes. See Board of Supervisors of Henrico County v. Corbett, 206 Va. 167, 142 S.E.2d 504 (1965); and City of Richmond v. Valentine, 203 Va. 642, 125 S.E.2d 854 (1962). The Commonwealth has full power to confer taxing authority on cities, counties and towns, subject only to constitutional restrictions. Article X, Sl, Constitution of Virginia, establishes two important principles with respect to taxation. First, all property shall be taxed unless exempted pursuant to the Constitution. Second, all taxes shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. The same section reserves to the General Assembly the authority to The Honorable Mayor and Members of City Council December 16, 1991 define and classify taxable subjects. authority for local governments or property from taxation. There is no constitutional their officers to exempt Exemptions from property taxation are provided for in Article X, S6. Four classes of property are exempted from taxation without action of the General Assembly. These classes are (1) property owned directly or indirectly by the Commonwealth or any political subdivision thereof; (2) property owned and exclusively occupied or used by churches or religious bodies for worship or for the residences for their ministers; (3) private or public burying grounds or cemeteries not operated for profit; and (4) property owned by public libraries or by institutions of learning not conducted for profit so long as such property is primarily used for literary, scientific or educational purposes or purposes incidental thereto. See Article X, S6(a)(1)(2)(3) and (4). EXEMPTION OF PROPERTY BY CLASSIFICATION OR DESIGNATION OF GENERAL ASSEMBLY The four classes of property enumerated in the foregoing paragraph are automatically exempted from taxation by the Constitution without any action of the General Assembly. Property may also obtain tax exemption by action of the General Assembly taken pursuant to authorities bestowed upon it by the Constitution. Article X, ~6(a)(6), authorizes the General Assembly by three- fourths vote of the members elected to each house to exempt "[p]roperty used by its owner for [1] religious, [2] charitable, [3] patriotic, [4] historic, [5] benevolent, [6] cultural, or [7] public park and playground purposes .... " Acting pursuant to its constitutional authority, the General Assembly has exempted certain property from taxation by classification. Included within this category is property belonging to and actually and exclusively occupied and used by the Young Men's Christian Associations and similar religious associations (~58.1-3606(A)(5), Code of Virginia (1950), as amended); buildings with the land they actually occupy and the furniture and furnishings therein belonging to any benevolent or charitable organization and used by it exclusively for lodge purposes or meeting rooms (~58.1-3606(A)(7)); property of volunteer fire departments and rescue squads (~58.1-3610); property of Societies for the Prevention of Cruelty to Animals (S58.1-3613); property of the Boy Scouts of America and Girl Scouts of the United States of America (~58.1-3614); property of the American Red Cross and local chapters (~58.1-3616); property of any church, religious The Honorable Mayor and Members of City Council December 16, 1991 association or religious denomination used exclusively for charitable, religious or educational purposes (S58.1-3617); and property of incorporated alumni associations operated on a non- profit basis for the benefit of colleges or other institutions of learning located in Virginia (S58.1-3618). Other properties have been designated as exempt from real and personal property taxation by the General Assembly pursuant to its authority under Article X, ~6(a)(6) of the Constitution of Virginia. For example, real and personal property of posts of the American Legion and posts of Veterans of Foreign Wars have been designated by the General Assembly as exempt from taxation. Section 58.1-3607(A)(1). Since 1971, the General Assembly has designated as tax exempt the property of more than 500 non-profit organizations. See ~58.1-3650, et seq. These non-profit organizations include everything from the Glenwood Race Course at Middleburg to the United States Slo-Pitch Softball Hall of Fame Foundation, Inc., in Petersburg. The General Assembly has designated as tax exempt considerable property held by non-profit organizations within the City of Roanoke. Included within this category are properties of Western Virginia Foundation for the Arts and Sciences, Center in the Square, Inc., Mill Mountain Playhouse, Roanoke Museum of Fine Arts, Roanoke Valley Science Museum, Roanoke Valley Arts Council, and Roanoke Valley Historical Society (1983 Acts of Assembly, Chapter 43); Friendship Manor Apartment Village Corporation (1983 Acts, Chapter 430); Commonwealth Health Services Co., (1985 Acts, Chapter 614); Virginia Synod Lutheran Homes, Inc., (1985 Acts, Chapter 614); Imaging Center of Southwest Virginia, Inc., (1987 Acts, Chapter 280); Our Lady of the Valley, Inc. (1988 Acts, Chapters 610 and 628); and Showtimers of Roanoke Valley, Inc. (1991 Acts, Chapter 351). In each city, town or county, an inventory of all tax-exempt real property is required to be maintained and an annual report reflecting the assessed value of all tax-exempt property filed with the State Department of Taxation. See S58.1-3604. In the City of Roanoke, this inventory is kept by and the required report filed by the Commissioner of Revenue who is required by City Council to prepare the annual land book and to extend real estate taxes based on the assessments made by the Director of Real Estate Valuation. See ~S32-22 and 32-46, Code of the City of Roanoke (1979), as amended. The Honorable Mayor and Members of City Council December 16, 1991 RESTRICTIONS ON EXEMPT PROPERTY Once a property has attained tax exempt status, such status continues indefinitely without time limitation. Tax exempt properties are, however, subject to several important restrictions. First, when any exempt property is sold to a person not having tax exempt status, it shall immediately become subject to taxation and be assessed therefor. The taxes shall be prorated. Section 58.1-3601. Second, when a part of a building or land which is tax exempt is leased or is otherwise a source of revenue or profit and the remainder of such building or land is used by an organization exempt from taxation, then that portion of the building or land which is leased or is otherwise a source of profit or revenue shall be liable for taxation. The assessment of the taxable portion of the property shall be computed on the basis of the ratio of the space subject to any lease or otherwise the source of profit or revenue to the entire property. Section 58.1-3603. Third, when property is designated as tax exempt by the General Assembly, such designation remains valid only as long as the property is used "exclusively" for its tax exempt purpose. For example, in the case of Friendship Manor Apartment Village Corporation, Commonwealth Health Services Co., Virginia Synod Lutheran Homes, Inc., Imaging Center of Southwest Virginia, Inc., Our Lady of the Valley, Inc., and Showtimers of Roanoke Valley, Inc., the property of such organizations retains its tax exemption only so long as it is used "exclusively for charitable and benevolent purposes on a non-profit basis". With respect to property of Western Virginia Foundation for the Arts and Sciences, Center in the Square, Inc., Mill Mountain Playhouse, Roanoke Museum of Fine Arts, Roanoke Valley Science Museum, Roanoke Valley Arts Council and Roanoke Valley Historical Society, such property retains it tax exemption only so long as its used "exclusively for cultural purposes on a non-profit basis". Enforcement of the foregoing restrictions is obviously very important and should be pursued diligently by the appropriate City officials. SERVICE CHARGE IN LIEU OF TAXATION With certain limited exceptions, a governing body is authorized to impose and collect a service charge upon the owners of tax exempt real estate. Section 58.1-3400. The amount of the The Honorable Mayor and Members of City Council December 16, 1991 service charge authorized by S58.1-3400 shall be based on the assessed value of the tax exempt real estate and the amount that the City expended in the year preceding the year in which such charge is assessed for the purpose of furnishing police and fire protection and for collection and disposal of refuse. Section 58.1-3401(A). The service charge is calculated by dividing expenditures for police and fire protection and for collection and disposal of refuse by the assessed fair market value of all real estate located in the City, including non-taxable property. Section 58.1-3401(B). A ceiling of 20% of the real estate tax rate is imposed with respect to any service charge. Section 58.1- 3401(C). Exempted from the service charge is property (1) owned by churches or religious bodies and wholly or exclusively used for religious worship, for the residence of any minister or for use as a religious convent, nunnery, etc., and (2) property used or operated exclusively for non-profit private educational or charitable purposes. Section 58.1-3402. Property of the Commonwealth is excluded from a service charge unless the value of real property owned by the Commonwealth within a particular locality exceeds 3% of the value of all real property located within the locality. Section 58.1-3403. Tax exempt organizations or organizations seeking tax exemption may also volunteer to pay a service charge to the City. For example, in 1983, Friendship Manor Apartment Village Corporation volunteered to pay the City a service charge in the amount of 5% of the real estate tax levy against real property of the Corporation which would have been paid if the Corporation were not exempt from taxation. City Council's support of the Corporation's bill seeking tax exemption from the General Assembly was conditioned upon the Corporation's payment of the service charge voluntarily offered by the Corporation. See Resolution No. 26349, adopted January 17, 1983. The tradition of organizations seeking support of City Council for tax exemption bills volunteering to pay a service charge in the amount of 5% of the real estate tax levy has been continued through the most recent application which was that of Showtimers of Roanoke Valley, Inc. See Resolution No. 30179-81390, adopted August 13, 1990. In at least two cases, the General Assembly has provided, in designating property as tax exempt, that the property will be tax exempt only so long as the organization continues to pay the City of Roanoke an annual service charge in an amount equal to 5% of the real property taxes which would have been paid if the property were not exempt from taxation. See 1987 Acts of Assembly, Chapter 280 (Imaging Center of Southwest Virginia, Inc.) and 1988 Acts of Assembly, Chapters 610 and 628 (Our Lady of the Valley, Inc.). The Honorable Mayor and Members of City Council December 16, 1991 PROCEDURE FOR OBTAINING TAX EXEMPTION BY DESIGNATION An organization seeking a tax exemption by designation of the General Assembly should, as a first step, file a petition with City Council describing the property for which the exemption is sought, stating the basis for the requested exemption and addressing those issues required by S30-19.04(B) to be addressed. A copy of any tax exemption granted by the Internal Revenue Service should be attached to the petition. Subsequent to the filing of a petition, the City Council shall publish notice of a required public hearing in a newspaper of general circulation. The public hearing shall be held not less than five days after the notice is published in the newspaper, and the organization requesting tax exemption may be required to pay the cost of publication. Section 30-19.04(B). No committee of the General Assembly may consider any property tax exemption until a resolution supporting or refusing to support such exemption has been adopted by the relevant governing body. In lieu of such resolution, the General Assembly may accept evidence that the relevant governing body has been requested to adopt a resolution and has failed to act on the request or otherwise refused to adopt such resolution. Section S30-19.04(A). No bill providing for designation of property to be exempt from taxation shall be introduced for consideration by the General Assembly after the first calendar day of any session. Section 30-19.1:2. Although an organization seeking tax exemption by designation of the General Assembly is required to first present its request to the appropriate local governing body as a condition precedent to consideration of the required bill by any committee of the General Assembly, there is no requirement that the organization obtain a favorable response from the local governing body. The General Assembly may grant tax exemption over the objection of the local governing body where the property is located. ISSUES TO BE CONSIDERED BY CITY COUNCIL IN ACTING UPON A REQUEST FOR TAX EXEMPTION According to ~30-19.04(B), before a local governing body may adopt a resolution expressing its position as to a requested tax exemption, the governing body shall consider the following issues: The Honorable Mayor and Members of City Council December 16, 1991 7 Whether the organization is exempt from taxation pursuant to S501(c) of the Internal Revenue Code of 1954; Whether an alcoholic beverage license has been issued for serving alcoholic beverages on the property for which exemption is sought; Whether any director or officer of the organization seeking tax exemption is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services actually rendered; Whether any part of the net earnings of the applicant organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or local, state or federal grants; Whether the organization provides services for the common good of the public; Whether a substantial part of the activities of the organization involves carrying on propaganda, attempting to influence legislation or participating in political campaigns; Whether any rule, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin; and Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. Thus, there is no prohibition against City Council's inquiring into additional matters as a prerequisite to Council's adoption of a resolution. City Council may, by resolution, establish a policy of inquiring into additional areas not specifically enumerated by S30-19.04(B) or Council may inquire into additional areas on a case by case basis. The Honorable Mayor and Members of City Council December 16, 1991 8 I trust that the information contained in this report will prove useful to City Council in consideration of tax exemption requests. I shall be pleased to address any additional questions that City Council may have in this matter. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCD:f CC: The Honorable Jerome S. Howard, Jr., Commissioner of Revenue W. Robert Herbert, City Manager Joel M. Schlanger, Director of Finance Nadine C. Minnix, Acting Director of Real Estate Valuation Raleigh Campbell, Executive Director, Council of Community Services February 18, 1992 TO: FROM: SUBJECTs Honorable Mayor and Members of City Council Joel M. $chlanger, Director of Finance Status Report of Grants/Loans to the City of Roanoke as of January, 1992 The following information is presented for your information only. No action is required on this report. It is being provided to you so that each of you can be kept up to date on the status of certain grants to the City of Roanoke. These grants are accounted for in either the Capital Projects Fund or the Grant Fund. School Grants and Fifth District Employment and Training Consortium are excluded at this time. UDAG Coca Cola · Loan Amount - $4,000,000 · Purpose of Loan - The City loaned $4,000,000 in UDAG grant funds to Coca Cola for its plant expansion. Terms of Loan - Coca Cola is repaying the City for its loan over 10 years interest free at $400,000 annually beginning October 5, 1985. Current Status - Coca Cola has made seven scheduled loan repayments of $400,000 each to the City in October, 1985, 1986, 1987, 1988, 1989, 1990 and 1991, leaving an unpaid balance of $1,200,000 as of January, 1992. The $400,000 annual payments are program income to the City and are used to repay part of the City's Section 108 Coca Cola loan each year. This grant has been closed by HUD. Section lOS Loan - Coca Cola · Loan Amount - $3,015,000 Purpose of Loan - The entire loan was used by the City and RRHA to purchase and improve the site for the Coca Cola plant expansion. Terms of Loan - Ten year loan at 11.819% with annual payments of $529,872 due beginning December, 1985. Loan payments are funded with the $400,000 UDAG loan payment received each October and $129,872 from CDBG entitlement funds. Current Status - Seven payments of $529,872 each have been wire-transferred to HUD in December, 1985, 1986, 1987, 1988, 1989, 1990 and 1991. The outstanding principal balance of the loan at January, 1992 is $1,277,002. Section 108 Loan - Deanwood and 8haffer's Crossinq Industrial Parks Loan Amount - $922,300 Purpose of Loan - To fund acquisition and development of additional Deanwood industrial sites and Phase I of the Shaffer's Crossing industrial site project. Terms of Loan - Six year loan at 8.28% with annual payments varying in amount from $184,000 to $196,000 beginning in August, 1987. Current Status - Five loan payments have been made to HUD in July, 1987, 1988, 1989, 1990 and 1991 using CDBG entitlement funds. The outstanding principal balance as of January, 1992 is $181,300. UDAG - Market Square and William~on Road Parkinq Garaqes · Grant Amount - $4,211,700 Current Status - City receives program income annually from the grant-funded portion of the Williamson Road garage if there is net income ($2,394.13 for FY91). These funds are appropriated for CDBG activities. Non-program income is also periodically remitted to the City as Transportation Fund revenue. This grant has been closed by HUD. 2 UDAG - Roanoke Centre for Industry and Technoloa~ CRCIT) · Grant A~ount - $2,412,684 · Purpose of Grant - To fund land acquisition and site improvements at RCIT. Current Status - The City sold an industrial site to Cooper for $400,000 to be repaid without interest over 30 years at $13,333 a year beginning July, 1983. The City has received nine payments to date, leaving an unpaid balance of $280,000 at January, 1992. Payments are program income. This grant has been closed by HUD. CDBG Float Loan The City loaned $962,000 at 3% for two years to Fralin and Waldron on November 23, 1987 to allow the company to restructure its debt on the City Market building. The loan was extended in November, 1989 for one additional year until November, 1990. In November, 1990, the loan was extended for an additional period of sixty days at the request of Downtown Associates. In January 1991, the loan agreement was amended a third time for an additional sixty days ending March 21, 1991. A fourth amendment was entered into in March which extended the loan for an additional sixty days. On May 20, 1991, Amendment No. 5 was entered into providing a one year extension ending May 19, 1992. Quarterly and monthly payments have been remitted to the City on schedule over the life of the loan. Interest payments are CDBG program income. When the principal of $962,000 is received in May 1992, these funds will be available to other third parties who may wish to obtain a float loan. Industrial Access Grant - UP~ The State has allocated $391,000 in Industrial Access funds to the City for use in road construction for the planned UPS facility. The project was completed during the end of November, 1991. The State was billed the first of January, 1992 and it is estimated that the City will receive their money by May. 3 CDBG Entitlement The City's entitlement for FY92 is $1,767,000 and the anticipated amount for FY93 is $1,899,000, an increase of $132,000. Outdoors Recreation Fund Grant The City received a grant from the State in the amount of $200,000 for improvements to three parks. The City received payment in June 1991 and has closed out the grant. Other Minor Grant~ (The majority of these grants are received annually by the City.) Title I Grant Metropolit~- · Grant Amount - $13,399 (100% State) · Purpose of Grant - Provides for enhancing interlibrary loan and reference services. Title I Grant for Blind · Grant Amount - $7,615 (100% State) · Purpose of Grant - Provides staff training, extra help staff for the City libraries. supplies and Victim - Witness Assistance Grant · Grant Amount - $34,787 (State); $20,011 (Local) · Purpose of Grant Provides assistance to victims judicial process. in the Multi Jurisdiction Drug Prosecutor · Grant Amount - $86,634 (100% State) · Purpose of Grant - Provides for regional drug prosecutor working in conjunction with Commonwealth's Attorney's office. Fire Pro.ram Grant · Grant Amount - $92,543 (100% State) · Purpose of Grant - Pays for fire equipment and training. Federal Investigation Subsidy Grant Amount - From inception of grant in 1988 through December 31, 1991 the City has received $584,741 in Federal funds. To date $474,412 has been appropriated. Purpose of Grant - Department of Justice funds from drug enforcement divided among localities - used for anti-drug efforts. This grant is not received annually, but is on an on-going basis. Adult Basic Education · Grant Amount - $15,000 (State); $1,667 (Local) · Purpose of Grant - GED preparation for inmates. Youth Services Grant · Grant Amount - $38,567 (State); $10,008 (Local) · Purpose of Grant - Services to youth in the City. Pre-Trial Diversion Grant (Dru~ Testing for Felons) Grant Amount - $78,322 (State); $26,107 (Local) Purpose of Grant To improve the efficiency and effectiveness of our courts through the availability of alternatives to the conviction of non-violent defendants. 5 Hazardous Materials Emer~snov Response Vehicle ~ran~ · Grant Amount - $80,000 (State) Purpose of Grant - To fund the purchase of a Hazardous Materials Vehicle. The funds were received in August 1989, but have not been expended because the vehicle specification costs exceed the funds available. The project manager is working with the Fire Department to obtain specifications that will remain within our expenditure guidelines. The specifications are expected to go out for bids in March and the project manager is anticipating having the funds encumbered by the end of FY92. Hazardous Materials Grant · Grant Amount - $121,665 (State) · Purpose of Grant - To purchase equipment. hazardous materials Runaway/Homeless Grant · Grant Amount - $68,815 (100% Federal) · Purpose of Grant - Crisis Intervention Center program to assist these two groups. Litter Control ~rant · Grant Amount - $7,291 (100% State) · Purpose of Grant - City's share of operations of the Clean Valley Committee. VDOT Grants Grant Amount - varying amounts (local match required) Purpose of Grant - For the following highway projects: Second Street/Gainsboro Road/Wells Avenue Thirteenth Street and Ninth Street Fifth Street Peters Creek Extension Hershberger Road Franklin Road Tenth Street Brandon Avenue Peters Creek Road/Northside High School Community Services for Youth (Demonstration Grant) · Grant Amount - $334,439 (State); $22,565 (Local) · Purpose of Grant - Treatment for dysfunctional families and their children. Family Oriented Group Home · Grant Amount - $46,070 (100% State) Purpose of Grant Provides foster care services. These funds were received from the City of Staunton because they were not going to use the funds. These funds were appropriated in FY89 and currently they are 60% expended. Emerqenc¥ Home Repa{~ · Grant Amount - $16,350 (100% State) · Purpose of Grant - Provides emergency repairs to housing units occupied by low-income families/individuals. Emerqenc¥ Shelter Grant · Grant Amount - $41,000 (100% Federal) · Purpose of Grant - Provide assistance to the homeless. Forfeited Criminal Assets · Grant Amount - $25,000 (100% · Purpose of Grant - Provides efforts. State) for criminal law enforcement Rescue Squad Assistance · Grant Amount - $2,350 (State); $2,350 (Local) · Purpose of Grant - Purchase of an automatic defibrillator for Fire Station 14. JMS:s e=or of Finan j 7 Office of the City Clerk February 20, 1992 File #67 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30886-021892 accepting the bid of Fischer Electrical Construction, Inc., in the total amount of $44,500.00, for construction of permanent electricai service for Festival in the Park at Elmwood Park on Bullitt Avenue. Ordinance No. 30886-021892 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc-' Mr. Edward M. Newman, President, Festival in the Park, P. O. Box 8276, Roanoke, Virginia 24014 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director, Public Works Mr. Cb_aries M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance Ms. Dolores C. Daniels, Assistant to the City Manager for Conununity Relations Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W, Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk February 20, 1992 File//67 Mr. Nick L. Starkey Vice-President Fischer Electrical Construction, Inc. 2710 Roanoke Avenue, S. W. Roanoke, Virginia 24019 Dear Mr. Starkey: I am enclosing copy of Ordinance No. 30886-021892 accepting the bid of Fischer Electrical Construction, Inc., in the total amount of $44,500.00, for construction of permanent electrical service for Festival in the Park at Elmwood Park on Bullitt Avenue. Ordinance No. 30886-021892 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk February 20, 1992 File #67 Mr. Daniel S. Jarrett Vice-President Jarrett Electric Co., Inc. P. O. Box 12547 Roanoke, Virginia 24026 Dear Mr. Jarrett: I am enclosing copy of Ordinance No. 30886-021892 accepting the bid of Fischer Electrical Construction, Inc., in the total amount of $44,500.00, for construction of permanent electrical service for Festival in the Park at Elmwood Park on Bullitt Avenue. Ordinance No. 30886-021892 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 1992. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, p~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene o Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk February 20, 1992 File #67 Mr. E. Ray Varney Chairman of the Board Varney Electric Co., Inc. P. O. Box 3187 Roanoke, Virginia 24015 Dear Mr. Varney: I am enclosing copy of Ordinance No. 30886-021892 accepting the bid of Fischer Electrical Construction, Inc., in the total amount of $44,500.00, for construction of permanent electrical service for Festival in the Park at Elmwood Park on Bullitt Avenue. Ordinance No. 30886-021892 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 1992. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, ~/2.~,J~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk February 20, 1992 File #67 Mr. Terry L. Austin, President Austin Electrical Construction, Inc. P. O. Box 398 Buchanan, Virginia 24066 Dear Mr. Austin: I am enclosing copy of Ordinance No. 30886-021892 accepting the bid of Fischer Electrical Construction, Inc., in the total amount of $44,500.00, for construction of permanent electrical service for Festival in the Park at Elmwood Park on Bullitt Avenue. Ordinance No. 30886-021892 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 1992. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, ~C~A.~.~,~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk February 20, 1992 File #67 Mr. Daniel R. Dibble Vice President of Operations Southeastern Electrical Contractors, Inc. 2628 Rutrough Road, S. E. Roanoke, Virginia 24014 Dear Mr. Dibble: I am enclosing copy of Ordinance No. 30886-021892 accepting the bid of Fischer Electrical Construction, Inc., in the total amount of $44,500.00, for construction of permanent electrical service for Festival in the Park at Elmwood Park on Bullitt Avenue. Ordinance No. 30886-021892 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, Feblxlary 18, 1992. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of February, 1992. No. 30886-021892. AN ORDINANCE accepting the bid of Fischer Electrical Construction, Inc., for construction of permanent electric service for Festival in the Park at Elmwood Park on Bullitt Avenue, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; authorizing the proper City officials to execute an agreement with Festival In The Park, Inc. allocating the cost of such project; 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 Fischer Electrical Construction, Inc., in the total amount of $44,500.00, for the construction of permanent electrical service for Festival in the Park at Elmwood Park on Bullitt Avenue, as more particularly set forth in the City Manager's report to this Council dated February 18, 1992, 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. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an appropriate agreement with Festival In The Park, Inc. obligating Festival In The Park, Inc. to reimburse the City fifty percent (50%) of the actual cost of such project up to twenty-thousand dollars ($20,000.00), such agreement to be upon such terms and conditions deemed appropriate by the City Manager and in accordance with the recommendations contained in the City Manager's report to this Council dated February 18, 1992 and in such form as is approved by the City Attorney. 4. 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. 5. municipal government, ordinance shall be in In order to provide for the usual daily operation of the an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk February 20, 1992 File #60-67 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schianger: I am attaching copy of Ordinance No. 30885-021892 amending and reordaining certain sections of the 1991-92 General Fund Appropriations, providing for the transfer of $26,725.00 from Fixed Asset Maintenance to Building Maintenance Department Third Party Contracts; and appropriation of $46,725.00 to Building Maintenance Department Third Party Contracts, to provide funds in connection with award of a contract to Fischer Electrical Construction, Inc., for construction of permanent electrical service for Festival in the Park in Elmwood Park on Bullitt Avenue. Ordinance No. 30885-021892 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance Ms. Dolores C. Daniels, Assistant to the City Manager for Community Reiations Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCZL OF THE CZTY OF RO~OKEv VZRGINZA The 18th Day of February, 1992. No. 30885-021892. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the city of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the city of Roanoke that certain sections of the 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Public Works Building Maintenance (1) ........................... Non-departmental Contingency - General Fund (2) ..................... Accounts Receivable - Roanoke Festival in the Park (3)..I ............ 1) Maintenance 3rd Party 2) Fixed Asset Maintenance 3) Accts. Rec. Roanoke Festival in the Park 4) Revenue - Miscellaneous (001-052-4330-3056) (001-002-9410-2201) 46,725 (26,725) (001-1281) 20,000 (001-020-1234-0859) 20,000 $19,678,601 3,145,705 12,172,635 466,251 $ 20,000 165,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. '92 Roanoke, Virginia February 18, 1992 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: I concur with the recommendations of the attached Bid Committee Report. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/mm Attachment: Bid Committee Report cc: City Attorney Director of Finance Director of Public Works Director of Administration & Public Safety City Engineer Citizens' Request for Service Construction Cost Technician '92 12 11:17 Roanoke, Virginia February 18, 1992 Honorable Mayor and Members Roanoke, Virginia Dear Members of Council: of City Council Subject: Bid Committee Report New Electric Service Festival in the Park Elmwood Park at Bullitt Avenue Roanoke, Virginia II. Background: Roanoke's Festival in the Park has grown from a small weekend art show into a community-wide cultural festival which spans two weekends, attracts numerous visitors, and results in positive economic and cultural impacts. Be Work covered by this contract would be to provide permanent electric service to the food booths for Festival in the Park on each side of Bullitt Avenue that would meet the present National Electric Code. Temporary services are a potential public safety hazard. Bids, following proper advertisement, were publicly opened and read aloud before City Council on February 10, 1992, for New Electric Service for Festival In The Park at Elmwood. Service to be installed on both sides of Bullitt Avenue from Jefferson Street down to the park. Five (5) bids were received with Fischer Electrical Construction, Inc. submitting the low bid in the amount of $44,500.00 and sixty (60) consecutive calendar days. Issues in order of importance are: ae Compliance of the bidders with the requirements of the Contract Documents. B. Amount of the low bid. Page 2 III. C. Fundinq of the project. D. Time of completion. Alternatives are: Award a lump sum contract to Fischer Electrical Construction, Inc. in the amount of $44~500.00 and sixty (60) consecutive calendar days for construction of New Electric Service for Festival in the Park at Elmwood Park on Bullitt Avenue in accordance with the contract documents as prepared by Office of City Engineer, Roanoke, Virginia. Compliance of the bidders with the requirements of the contract documents was met. 2. Amount of the low bid is acceptable. 3. Funding for this project is as follows: From City of Roanoke Fixed Asset Maintenance Account # 001-002-9410-2201 $26,725.00 From Roanoke Festival in the Park, Inc., not to exceed $20,000.00. * $20,000.00 $46,725.00 * See attached letter from Roanoke Festival in the Park. The above figures include a 5% contingency amount. Time of completion is quoted as sixty (60) consecutive calendar days which is acceptable. This would permit completion before the Festival starts on May 21, 1992. Page 3 IV. 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 re-bid at a later date. 3. Funding would not be encumbered at this time. Time of completion would be extended. This could affect the food concessions during Festival unless alternative arrangements can be made for electrical services that will meet the Building Commissioner's requirements (National Electric Code). 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 Fischer Electrical Construction, Inc. for construction of New Electric Service for Roanoke's Festival in the Park at Elmwood Park on Bullitt Avenue, in accordance with the contract documents as prepared by Office of City Engineer, Roanoke, Virginia in the amount of $44,500.00 and sixty (60) consecutive calendar days. Appropriate $46~725.00 to the Building Maintenance Department Third Party Contracts, account number 001-052-4330-3056 and establish an account receivable for reimbursement by Festival in the Park. Transfer $26t725.00 from the Fixed Asset Maintenance, account number 001-002-9410-2201, to the Building Maintenance Department Third Party Contracts, account number 001-052-4330-3056. E. Reject the other bids received. Page 4 Respectfully submitted, William White, - ' an Snead, Jr. 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 NEW ELECTRIC SERVICE FESTIVAL IN THE PARK ELMWOOD PARK AT BULLITT AVENUE Bids opened before City Council on February 10, 1992 at 7:30 p.m. BIDDER I LUMP SUM I # DAYS I BID BOND Fischer Electrical $44,500.00 60 YES Construction, Inc. Jarrett Electric Co., Inc. $44,890.00 ~ 60 YES Varney Electric Co., Inc. $45,625.00 2 -- YES Southeastern Electrical $54,406.00 3 60 YES Contractors, Inc. Austin Electrical $54,425.00 4 45 YES Construction Estimated Cost: $40,000.00 BASE BID OF DEDUCT FOR ALTERNATE ELECTRIC PANEL 1. $46,390.00 - $1,500.00 2. $47,145.00 - $1,500.00 3. $55,506.00 - $1,100.00 4. $55,425.00 $1,000.00 William White, Sr., Chairman William F. Clark v Geo~ C. Snead, Jr. Office of City Engineer Roanoke, Virginia February 18, 1992 F 'f573.TL I15 THE PAI February 7, 1992 92 OfF;gE OF CI~ r~3LNOI(E, VA 24011 Mr. W. Bobert Herbert City Manager Municipal Building, Bocm 364 215 Church Avenue SW Boanoke, Virginia 24011 Dear Mr. Hezbert: I am in receipt of your letter dated February 4, 1992 asking for spe- cific action by Roanoke Festival In ~ne Park resulting f~,, cur pro- posal to City of Roancke in my letter dated January 17, 1992. Our Executive C~mdttee met today and has authorized me to propose the following items of agreement relating to the Bullitt Avenue electrical upgrade project. Items of Acjree~ent: Festival agrees to re~nburse City of Boanoke 50% of such cost up to a maxim~ of $20,000 to upgr~4~ the electrical service on B~llitt Avenue as discussed in several preceding meetings based on the electrical plans as prepared, and sukmitted to Festival, by L. Bane Cohurn, Civil Engineer. This is further identified for bid purposes as Plan No. 10-90A dated Jar~ 21, 1992, Set No. 5, ADDENDUM NO. I dated February 4, 1992, and AE~NIYJM No. II dated February 5, 1992. Festival agrees that payment will be made within 30 days of project's satisfactory c~letion; but no sooner than June 15, 1992duet o the timing of maturity of our Certificates of Deposit. City of Boancke agrees that no additional charges relating to this installation, other than for electricity used by Festival and cbmrged by A~CO, will be imposed in the fu- ture. City of Boan~ke agrees to provide satisfactory alternative electrical service at City's expense, in the event the Bullitt Avenue Prc~ect is not c~leted in t/me for the 1992 Festival scheduled for M~y 21-31, 1992. POST OFFICE BOX 8276 · ROANOKE, VIRGINIA 24014 · 703-342-2640 Mr. W. Robert Herbert February 7, 1992 Page 2 City of Noanoke agrees to reimburse Festival its 50% inter- est ou a pro-rata basis if City charges other organizations for use of the Bullitt Avenue Project for other than elec- ~icity. Should you have any further questions concerning the above issues, please don't hesitate to contact me by letter or call me at 563-7596. Sincerely, President cc: Members of City Council Wendi T. Schultz, Executive Director, Festival william F. Clark, Director of Public Works A. Bane Co~m-n, Civil ~gineer Tamasin Roop, Budget and Management Analyst Office of the City Clerk February 20, 1992 File #51 Mr. Donald L. Wetherington, Attorney P. O. Box 90 Roanoke, Virginia 24002 Dear Mr. Wetherington: I am attaching copy of Ordinance No. 30867-021892 amending certain proffered conditions to the rezoning of two parcels of land located on Hawthorne Road, N. W., described as Lots 4A and 5A, Map of Airlee Court, Official Tax Nos. 2190408 and 2190409, from RS-3, Residential Single-Family District, to RM-1, Residential Multi- Family, Low Density District, which property was previously conditionally rezoned by adoption of Ordinance No. 29602 and which conditions were amended by adoption of Ordinance No. 29837. Ordinance No. 30867-021892 was adopted by the Council of the City of Roanoke on first reading on Monday, February 10, 1992, also adopted by the Council on second reading on Tuesday, February 18, 1992, and will take effect ten days following the date of its second reading. Sincerely, .~_.~.~_ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. and Mrs. Hugh Martin, 5250 Hawthorne Road, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Daniel E. Cunningham, 5240 Hawthorne Road, N. W., Roanoke, Virginia 24012 Mr. William G. Goyer, 5239 Hawthorne Road, N. W., Roanoke, Virginia 20412 ADB Ventures, 5236 Williamson Road, N. W., Roanoke, Virginia 24012 Shenandoah Homes, Inc., 5300 Hawthorne Road, N. W., Roanoke, Virginia 24012 Mr. Wayne G. Strickiand, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 M1~. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011 (703) 981-2541 Mr. Donald L. Wetherington, Attorney February 20, 1992 Page 2 pc: Mr. Steven J. Talevi, Assistant City Attorney Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairperson, City Planning Commission Mr. L. Elwood Norris, Chairperson, 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of February, 1992. No. 30867-021892. AN ORDINANCE to amend SS36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 219, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally rezoned from RS-3, Residential Single-Family District, to RM-1, Residential Multifamily, Low Density District. WHEREAS, application has been made to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located at the end of Hawthorne Road, N.W., described as Lots 5A and 4A, according to the Map of Airlee Court, being further identified as Official Tax Nos. 2190408 and 2190409, which property was previously conditionally rezoned by the adoption of Ordinance No. 29602, adopted June 19, 1989; and which conditions were amended by the adoption of Ordinance No. 29837-112089, adopted November 20, 1989; and WHEREAS, the City Planning 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 February 10, 1992, 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 amendment; 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 conditions now binding upon the above-described property should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §S36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 219 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Petition filed in the City Clerk's Office on December 11, 1991, and as set forth in the report of the Planning Commission dated February 10, 1992. ATTEST: City Clerk. MARY F. pARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 February 6, 1992 File #51 SANDRA H. EAKIN Deputy City Clerk Mr. Donald L. Wetherington, Attorney P. O. Box 90 Roanoke, Virginia 24002 Dear Mr. Wetherington: I am enclosing copy of a report of the City Planning Commission reeomme 'ing that the Council of the City of Roanoke deny the request of your client, TMJ Pa ~ership, to amend a certain proffered condition to the rezoning of two parcels of ' located on Hawthorne Road, N. W., described as Lots 4A and 5A, ,Map of Aa : Court, Official Tax Nos. 2190408 and 2190409, from RS-3, Residential Si. ~e-Family District, to RM-1, Residential Multi-Family, Low Density District. Pursuant to Resolution No. 25523 adopted by the Council of the City of t, oanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, February 10, 1992, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am enclosing copy of a notice of the public hearing and an Ordinance providing for the amendment, which notice and Ordinance were prepared by the City Attorney's Office. Please review the notice and Ordinance and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, ~d~ Mary F. Parker, CMC/AAE City Clerk MFP: sw FEB Eno. _Mr. Donald L. Wetherington, Attorney February 6, 1992 Page 2 pc: Mr. and Mrs. Hugh Martin, 5250 Hawthorne Road, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Daniel E. Cunningham, 5240 Hawthorne Road, N. W., Roanoke, Virginia 24012 Mr. William G. Goyer, 5239 Hawthorne Road, N. W., Roanoke, Virginia 20412 ADB Ventures, 5236 Williamson Road, N. W., Roanoke, Virginia 24012 Shenandoah Homes, Inc., 5300 Hawthorne Road, N. W., Roanoke, Virginia 24012 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chair, City Planning Commission Mr. L. Elwood Norris, Chair, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Milier, Building Commissioner/Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation 22 ,11:11 Roanoke City Planning Commission February 10, 1992 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from TMJ Partnership, represented by Donald L. Wetherington, attorney, that conditions proffered in conjunction with the rezoning of two lots located on Hawthorne Road, N.W., designated as Official Tax Nos. 2190408 and 2190409, be amended. Backqround: A. Purpose of the request is to amend one of the existing proffered conditions to permit the construction of a new duplex on lot 2190409, to built in accordance with a revised rendering of the exterior appearance of the proposed structure. Petition to amend the proffered condition was filed on December 11, 1991. The following condition was proffered by the petitioner to replace the existing proffer 5(b): "The proposed duplex on Lot 5A fronting on Hawthorne Road, N.W., shall be constructed in substantial compliance with the elevation drawings, consisting of three pages attached as Exhibit A to this petition, subject to any changes required by the City of Roanoke during comprehensive site plan review." Previous petition to amend proffered conditions for this property was approved by City Council by Ordinance No. 29837-112089, which became effective November 30, 1989. Proffered conditions are as follows: The exterior appearance of the proposed duplex on Lot 5A fronting on Hawthorne Road, N.W., shall be constructed to appear single family in character. Room 355 Municipal Buil0ing 2t5 Church Avenue, S.W. Poanoke, Virginia 24011 (703) 981-2344 Members of City Council Page 2 February 10, 1992 The proposed duplex on Lot 5A fronting on Hawthorne Road, N.W., shall be constructed with either wood, vinyl, or aluminum siding and in substantial compliance to the plans attached hereto and identified as Exhibit E and the elevation drawings identified as Exhibit F subject to any changes required during site plan review. (Note: this is the proffered condition referred to as 5(b) in item B above, and as shown in a copy of the attached petition labelled Exhibit B.) If no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the rezoning shall revert to RS-3 without further notice by City Council. Revised rendering (attached and labelled Exhibit A) depicts the construction of a single story, vertical siding and brick, frame structure with an attached garage. According to the petitioner, the exterior of the proposed structure is being moderately redesigned for economic reasons. Attached and labelled as Exhibit F is the existing proffered rendering depicting the exterior appearance of the proposed one-story structure. Planning Commission public hearing was held on Wednesday, January 8, 1992. Mr. Don Wetherington, attorney for the petitioner, appeared before the Commission and stated the reasons for the request. Mr. Wetherington informed the Commission that the previously proffered duplex construction was a custom design for the owners' mother and cousin and since that time, the mother had moved to a nursing home and now there was no need to build or specifically design the structure with her in mind. He further stated that his client has offered to purchase the property and build a duplex that would be different in design than the previously proffered rendering but would be in conformity with the neighborhood or other appropriate land use standards. Mr. Wetherington further stated that it was important to consider that the previous design was conceived with the notion of customizing the property to house the Harris' relatives, without necessarily any regard for the economics and marketplace; however that was no longer feasible. He said the earlier proposal would have incorporated open- space carports, however, this proposal incorporated enclosed garages. He also noted that the current proposal called for brick and vinyl siding construction, as opposed to the completely sided structure proffered earlier. He said that the floor plan previously would Members of City Council Page 3 February 10, 1992 have incorporated features that would be especially useful to elderly residents, and so would this proposal. He said he felt that was compatible with the neighborhood as he viewed it in relation to Shenandoah Homes. Mr. Bradshaw went over the history of the request. He noted that a two story, townhouse design duplex which was in keeping with the neighborhood had been proffered; then the petition was amended to proffer a single story structure in order to accommodate elderly people who could not go up and down stairs, and now the Commission was being asked to relax that design even further to accommodate general rental purposes. Mr. Wetherington said that he did not think from going to siding to brick casement and going from carports to garage could be construed as a relaxation of any standards in any sense of the word. He said there was nothing that stood out in the proposed design that made it an eyesore. Mr. John Marlles gave the staff report and noted that the major differences between the two structures were the brick and vinyl siding, and addition of garages. He noted there were both brick and frame structures in the neighborhood. Mr. Marlles noted that Mr. Bohon had been very receptive to various staff comments and that staff had conveyed additional suggestions they felt would make the structure even more compatible with the neighborhood. He said that the basic design was compatible with the architectural styles in the neighborhood. Mr. Price asked how many times the rendering had been amended. Mr. Marlles went through the history of the request. He noted that the property had been rezoned in 1989, with a proffered rendering, which was subsequently amended in late 1989. After a vote on the motion, Mr. Wetherington asked if the petitioner could have the benefit of knowing the objection of those persons who voted no so that he may respond to those objections before City Council. Mr. Bradshaw said he would be glad to share his thoughts on the matter. He said that the neighborhood was predominantly single family, middle class. He noted that on the first rezonlng, it was proffered that there would be a two-story, substantial looking building, in keeping with the neighborhood. He said the second request to Members of City Council Page 4 February 10, 1992 change the proffer came forward with a substitute that was a little fancier, but kept it on a one floor plan. He said that the petition before the Commission was quite austere relative to what would be a rental house at a low cost. He said that it could possibly end up being the least expensive structure in the entire neighborhood and he did not think that was the intention of the original proffer to the original petition. Mr. Claytor said he echoed Mr. Bradshaw's comments and added that in 1989 he was not on the Commission and therefore not a party to the rezoning. He said that had he been a member of the Commission he would have rejected the original rezoning because he did not think that the multifamily dwelling should have been allowed in the single family neighborhood. Mr. Price said he also had the same concerns and Messrs. Bradshaw and Claytor. He noted that the previous proffered rendering was one that attempted to meet the conditions of the community. He said that the rendering presented at today's meeting was far short of the previous rendering, although it was an attempt to do something in the neighborhood. He said there were additional things that could have been done and were not. Mr. Price further commented that the Commission's task was to look at the neighborhood as whole and to look at what was already there and based on the previous information, there had been concerns raised by area residents about the appearance of the structure and that was why the previous designs were so detailed. He said that the current proffered condition was on the lower end of what was originally proffered. II. Issues: Land use of the subject property is vacant, undeveloped. Surrounding land uses in the area are as follows: to the immediate east, on adjoining lot parcel no. 2190408, is an existing duplex; to the north, in Roanoke County, is Shenandoah Homes, a nursing care facility; and to the west and south are single family residential units. Zoninq is presently conditional RM-1, Residential Multifamily, Low Density District. Surrounding zoning pattern in the area is as follows: to the north, in Roanoke County, is a mixture of RM-3, multifamily uses; to the east, the adjoining lot is RM-1 and to the far east is C-2, General Commercial District; and to the Members of City Council Page 5 February 10, 1992 south and west is RS-3, Residential Single Family District. Access to and from the site can be safely provided by the adjoining public street, Hawthorne Road. The City Traffic Engineer has stated that traffic generated by the proposed duplex would have minimal impact on Hawthorne Road. De Neighborhood organization is the Williamson Road Action Forum. Mr. Charles Minter, president of the neighborhood organization, has been notified in writing by the Planning office of the petition to amend the proffered conditions. No response has been received as of the writing of this report. Comprehensive Plan recommends that: Neighborhood character and environmental quality should be protected. Encourage a variety of housing choices in existing neighborhoods through a balance of preservation, rehabilitation and new development. New housing development in existing residential areas should be carefully designed to relate well to the existing neighborhood character. III. Alternatives: City Council deny the request to amend proffered conditions: Land use is unchanged. The vacant lot would remain available for duplex development subject to the previously proffered rendering of the exterior design of the proposed duplex structure. Zoning remains conditional, Multifamily District. RM-1, Residential 3. Access would not be problem. Neighborhood character would not be affected. Comprehensive Plan issues as set forth would be followed given the existing proffered conditions on the subject property. Members of City Council Page 6 February 10, 1992 B. City Council approve the request to amend conditions: proffered 1. Land use would become a duplex development. Zoning remains conditional RM-1, Residential Multifamily District, with a modified rendering of the proposed duplex development. 3. Access would not be a problem. Neighborhood character may be altered by the exterior appearance of the proposed duplex development despite the fact that the surrounding neighborhood is characterized by both one- and two- story residential structures of frame and brick construction. Comprehensive Plan issues as set forth would be followed. IV. Recommendation: By a vote of 3-3 (Messrs. Bradshaw, Claytor and Price voting for denial and Messrs. Buford, Sowers and Jones voting for approval and Mr. Ferguson absent), the Planning Commission recommends denial of the request to amend the existing proffered condition finding that the revised rendering of the exterior appearance of the proposed duplex is not in keeping with the basic design elements and character of the surrounding single family residential area. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner VIRGINIA (:ITy" - : ~ .... c IN THE COUNCIL OF THE CITY OF ROANOKE Re: Rezoning of two lots at the end ) of Hawthorne Road, N.W. (Lots 5A ) and 4A of Airlee Court) from ) RS-3, Residential Single-Family ) District, to RM-1, Residential ) Multifamily District, Low Density ) District ) PETITION TO AMEND PROFFERED CONDITIONS TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE 1. The Petitioner, TMJ Partnership (TMJ), a Virginia partnership, owns two parcels of land on Hawthorne Road, N. W. (Lot 4A, containing 0.253 acre, Official Tax No. 2190408, on which a one and one-half story duplex is presently constructed, and Lot SA, containing 0.217 acre, Official Tax No. 2190409, presently vacant. 2. Both parcels have been rezoned to RM-1, Residential Multifamily District, Low Density District, subject to certain proffered conditions, upon the application and petitions of William D. Roe, Jr. and Cynthia C. Roe, TMJ's predecessor in title. 3. Most recently in connection with the rezoning, the Council of the City of Roanoke amended the proffered conditions as they relate to one of the lots, specifically Lot 5A (Official W%.d~.'.~on Tax No. 2190409) by Ordinance No. 29837-112089, which became &MekhicTnna ..... ................ effective November 30, 1989. The amended proffered condition allows construction of a proposed duplex on Lot 5A in substantial compliance with either of two different concepts, both of which are more fully described and illustrated in the Third Amended Petition to Rezone and the Petition to Amend Proffered Conditions previously filed by William D. Roe, Jr. and Cynthia C. Roe. 4. TMJ has determined to its satisfaction that neither of the alternative concepts identified in Paragraph 5(b) of the Third Amended Petition to Rezone, as subsequently amended, is economically feasible or desirable and wishes to amend the proffered condition further to allow for an additional concept of construction. 5. TMJ requests that the proffered condition set forth in Paragraph 5(b) of the Third Amended Petition, as subsequently amended and set forth in the Petition to Amend Proffered Conditions, be now further amended by deleting that condition in its entirety and substituting in its place the following: The proposed duplex on Lot 5A fronting on Hawthorne Road, N.W. shall be constructed in substantial compliance with the elevation drawings, consisting of three pages attached as Exhibit A to this Petition, subject to any changes required by the City of Roanoke during site-plan review. 2 WHEREFORE, TMJ requests that the proffered conditions to the present zoning condition of the referenced properties be amended as set forth above. Respectfully submitted, Donald L. 'Wetheringto~/ of counsel ' Donald L. Wetherington Wetherington & Melchionna Post Office Box 90 Roanoke, Virginia 24002 (703) 982-3800 Counsel for Petitioner ~ther~gton &Mekhi~nna 3 I1 EXHIBIT A ~DE~ WF-L~TURF__%. ~LIC, ~ APPROVED: CITY ENGINEER OF ROANOKE, -F~Y. ~ ~-~0 - o ~0 ~ Ikl ~...W I kJl:'~V LOT 5.~ j LOT 0.2.1-[ AC,. uJ 0.2,~ ,~,C. H ~,'VVT I--~ ORkJ F__. ~( a-O'F~/w. APPROVED: CITY ENGrNEER OF ROANOKE, ADJOINING PROPERTY OWNER LIST EXHIBIT Official Tax Number 2190321 2190320) 2190319) 2190407 2200101 038.14-01-34 (Roanoke County Owner's Name and Mailing Addresg R. Hugh Martin and Emma C. Martin 5250 Hawthorne Road, N. W. Roanoke, Virginia 24012 Daniel E. Cunningham and Harriett V. Cunningham 5240 Hawthorne Road, N. W. Roanoke, Virginia 24012 William G. Goyer 5239 Hawthorne Road, N. W. Roanoke, Virginia 24012 ADB Ventures 5236 Williamson Road, N. Roanoke, Virginia 24012 Shenandoah Homes, Inc. 5300 Hawthorne Road, N. Roanoke, Virginia 24012 ~.o'~/w. CITY ENGINEER OF ROANOKE, -I"~"- Y. ~ .?-',%0 - o ~0 ~ % :54.' 00' E.'- HAWT~O~ME ~ 4.0'I~,, / w. APPROVED: O ADJOINING PROPERTY OWNER LIST Official Tax NunLber 2190321 2190320) 2190319) 2190407 2200101 038.14-01-34 (Roanoke County OW~er,$ Nar~e and Mailin~ Addres.. R. Hugh Martin and Emma C. Martin 5250 Hawthorne Road, N. Roanoke, Virqinia 24012 Daniel E. Cunningham and Harriett V. Cunningh~m 5240 Hawthorne Road, N. W. Roanoke, Virginia 24012 William G. Goyer 5239 Hawthorne Road, N. Roanoke, Virginia 24012 ADB Ventures 5236 Williamson Road, N. Roanoke, Virginia 24012 Shenandoah Homes, Inc. 5300 Hawthorne Road, N. Roanoke, Virginia 24012 We EXHIBIT B THIRD AM~ND£D PETITION TO REZONE~) ,,- IN TME COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of two lots at the ) end of Hawthorns Road, N.W. ) (Lots SA and 4A of Airlse ) Court:) from RS-3, Single ) Family Residential District ) to RM-1, Residential Duplex. ) PETITION TO REZONE TO THE HONORABLE MAYOR AND M~HBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Cynthia C. Road, N.W. (1) The Petitioners, William D. Roe, Jr. and Roe, own two parcels of land located on Hawthorne (Lot 4A, 0.2$3-acre, Official Tax No. 2190408 on which is presently built a i 1/2 story duplex, and Lot SA, 0.217-acre, Official Tax No. 2190409, which is presently vacant). A copy of a map showing ~he general location of such lots il attached hereto and identified as "E]Q{IBIT A". Said tracts are PreSently zoned' RS-3, Single Family Residential District. A survey plat of the property to be reZonad is attached hereto and identified as "EXHIBIT B#. (2) Pursuant to A~cl¢le VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from RS-3, Single Family Residential, to P~-i, Duplex for the purpose of constructing a duplex on Lot SA. The general location of the duplex to be constructed on Lot 5A is attached hereto and - 2 - identified as "EXHIBIT C". (3) The petitioners believe that the rezoning the said tract of land will further the intent and purpose the City's Zoning Ordinance and its comprehensive plan in the it will provide additional housing in this residential are~ and put to use a vacant lot that is presently serving purpose. are the proper~y (4) Attached hereto and identified as "EXHIBIT names and addresses of the owner or owners of all immediately adjacent to or immediately across street or road from the prope~y to be rezoned. (5) The Petitioners hereby PrOffer and agree that if the said tracts are rezonad aa requested, that the rezoning will be subject to, and that ~he Petitioners Will abide b7 the following conditions: (a) The exterior appearance of ~Ae proposed duplex on Lot SA fronting on Hawthorne Road, N.W., shall be constructed to appear single family in character. (b) The proposed duplex on Lot SA fronting on Hawthorne Road, N.W. shall be constructed With either wood, vinyl or aluminum siding i4 substantial compliance with the concept plan identified as "E~IBXT E# and the elevation drawings identified sa "E]Q~IBXT Fl, subject to any changes required My ~ha City during site plan review. (=) If no building Pewit has been issued and no construction commenced within ~ree (3) years from =he date - 3 - of final zoning approval, =ha rezoning shall revsr~ =o RS-3 withoul: further ecl:ion by City Council. WHE~EFORE, the Pe=itionsrs request =hat =he above- described =tact be rezoned aa requested in accordance wi=h =he provisions of =he Zoning Ordinance of the City of Roanoke. Respectfully submitted, WILLIAM D. ROE, Jp. and CYNTHIA C. ROE Of ¢ounsel~ ' William B. Hopkins, Jr. MARTIN, HOPKINS, LEMON AMD CARTER, P.C. P, O. Box 13366 Roanoke, Virginia 24033 Z{9OZZ*~ zlgO 3 PROPOSED CHANGE IN CONDITIONS 1 L"~OZ Z l · 2~0~V9 PROPOSED CHANGE IN CONDITIONS cO 4 ROANOKE TIMES & WORLD-NEWS AP NUMBER - 1232587b PUBLISHER'S FEE - WETHERINGTON/MELCHIONNA 1100 CRESTAR BANK BLDG P O BOX 90 ROANOKE VA 2~002 $92.00 '92 FE -6 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 01/2~/92 MORNING 01/31/92 MORNING 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, February 10, 1992, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of amending conditions proffered on the rezoning of two lots located on Hawthorne Road, N.W., designated as Official Tax Nos. 2190408 and 2190409. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 22nd day of January , 1992. Mary F. Parker, City Clerk. Please publish in full twice in the Roanoke Times & World-News, once on Friday, January 24, 1992, and once on Friday, January 31, 1992. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 Bill to: Mr. Donald L. Wetherington, Attorney P. 0. Box 90 Roanoke, Virginia 24002 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 December 13, 1991 SANDllAH. EAKIN Deput~CiB, Clerk File #51 Mr. Charles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. Donald L. Wetherington, Attorney, representing TMJ Partnership, a Virginia Partnership, requesting amendment of certain proffered conditions to the rezoning of two parcels of land located on Hawthorne Road, N. W., being Lots 4A and 5A of Airlee Court, Official Tax Nos. 2190408 and 2190409, from RS-3, Residential Singie-Family District, to RM- 1, Residential Multi-Family, Low Density District. MFP: se REZONEIO Enc. pc: Sincerely, Mary F. ~arker, CM~/~AE City Clerk Mr. Donald L. Wetherington, Attorney, P. O. Box 90, Roanoke, Virginia 24002 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Office of the City Clerk February 20, 1992 File #51 Ms. Anne V. Sprague, Attorney P. O. Box 720 Roanoke, Virginia 24004-0720 Dear Ms. Sprague: I am enclosing copy of Ordinance No. 30868-021892 rezoning a tract of land located at 2401 Clifton Avenue, N. W., described as LotS, Block 1, Official Tax No. 2430434, from RS-3, Residentiai Singie Family District, to RM-1, Residential Multi- Family, Low Density District, subject to certain conditions proffered by the petitioner. Ordinance No. 30868-021892 was adopted by the Council of the City of Roanoke on first reading on Monday, February 10, 1992, aiso adopted by the Council on second reading on Tuesday, February 18, 1992, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o pc: Ms. Helen E. Davis, 1209 Loudon Avenue, N. W. Roanoke, Virginia 24017 ' Mr. & Mrs. Charles R. Gentry, 2329 Deiaware Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Otis C. Hughes, 2328 Deiaware Avenue, N. W. Roanoke, Virginia 24017 ' Mr. & Mrs. Charles W. Hall, 2408 Pennsylvania Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Donald Stuart, 2402 Clifton Avenue, N. W., Roanoke, Virginia 24017 Mr. Wayne G. Strickland, Executive Director, Fifth Pianning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke~ Virginia 24011 (703) 981.2541 Ms. Anne V. Spra~ue, Attorney February 20, 1992 Page 2 pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Taievi, Assistant City Attorney Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairperson, City Planning Commission Mr. L. Elwood Norris, Chairperson, 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of February, 1992. No. 30868-021892. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 243, 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 RS-3, Residential Single Family District, to RM-1, Residential Multifamily, Low Density District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 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 February 10, 1992, 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. 243 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land located at 2401 Clifton Avenue, N.W., known as Lot 5, Block 1, designated on Sheet No. 243 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2430434, be, and is hereby rezoned from RS-3, Residential Single Family District, to RM-1, Residential Multifamily, Low Density District, subject to those conditions proffered by and set forth in the Petition, filed in the Office of the City Clerk on October 16, 1991, and that Sheet No. 243 of the Zone Map be changed in this respect. ATTEST: City Clerk. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 February 6, 1992 SANDRA H. F-AKIN Deputy City Clerk File //51 Ms. Anne V. Sprague, Attorney P. O. Box 720 Roanoke, Virginia 24004-0720 Dear Ms. Sprague: I am e~ closing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke deny the request of your client, Mr. Vincent A. Board, that a tract of land located at 2401 Clifton Avenue, N. W., described as Lot 5, Block 1, Official Tax No. 2430434, be rezoned from RS-3, Residential Single Family District, to RM-1, Residential Multi-Family, Low 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, February 10, 1992, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which notice and Ordinance were prepared by the City Attorney's Office. Please review the notice and Ordinance and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, ~a_~_ Mary F. Parker, CMC/AAE City Clerk MFP: sw FEB Ene o pc: Ms. Helen E. Davis, 1209 London Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Charles R. Gentry, 2329 Delaware Avenue, N. W., Roanoke, Virginia 24017 Ms. Anne V. Sprague, Attorney February 6, 1992 Page 2 Mr. & Mrs. Otis C. Hughes, 2328 Delaware Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Charies W. Hall, 2408 Pennsylvania Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Donald Stuart, 2402 Clifton Avenue, N. W., Roanoke, Virginia 24017 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. DibLing, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. Charies A. Price, Jr., Chair, City Planning Commission Mr. L. Elwood Norris, Chair, Board of Zoning Appeals Mr. WilLiam F. Clark, Director of PubLic Works x~r. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. MiLier, Building Commissioner/Zoning Administrator Mr. John R. Mariles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation CiTY '92 22 :11 Roanoke Cily Planning Commission February 10, 1992 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from Vincent A. Board, represented by Daniel F. Layman, attorney, that property located at 2401 Clifton Avenue, N.W., Official Tax No. 2430434, be rezoned from RS-3, Residential Single Family District, to RM-1, Residential Multifamily District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Backqround: Purpose of the rezoning request is to permit the conversion of an existing single family residence to a two-family dwelling. Petition to rezone was filed on October 16, 1991. Copy of petition is attached to previous report to the Planning Commission, dated November 6, 1991, and labelled as Staff Exhibit A. Planning Commission report for the December 9, 1991, City Council meeting is attached and labelled as Staff Exhibit B. Staff recommended denial of the requested rezoning based on the finding that the predominant land use and zoning pattern in the area is single family residential and that the neighborhood character should be preserved. Planning Commission public hearinq was held on Wednesday, November 6, 1991. After considerable discussion, the Commission voted to recommend approval of the requested rezoning. Attached is a copy of the minutes labelled as Staff Exhibit C. City Council public hearinq was held on Monday, December 9, 1991. Upon a motion by Councilman White and a second by Councilman Fitzpatrick, inasmuch as the request was recommended for approval by the City Planning Commission Room355 MunicipolBuilding 215 Church Avenue, SW~ Roanoke, Virginia24011 (703) 9812344 Members of Council Page 2 February 10, 1991 on a 3-2-1 vote (one member abstaining and one member absent), that the matter be referred back to the City Planning Commission for a more definitive report to Council. The motion passed unanimously. Second Planninq Commission public hearinq was held on January 8, 1992. Mr. Dan Layman, attorney, appeared before the Commission on behalf of Mr. Board. Mr. Layman said he would not repeat his previous presentation before the Commission unless they had specific concerns. He said he did have some additional comments and presented a neighborhood map for the Commission's use. He pointed out the zoning in the area and further noted that when driving through the area, he could not tell where one zoning district began and another ended. He said he felt what really dictated the nature of the property was who owned it. He also pointed out the other duplex rezonings in the immediate vicinity and noted that although the Commission had recommended denial, Council had approved the rezonings. Mr. Layman said the staff recommendation and the Commission's subsequent denial had been based on the fact that the neighborhood was single family and that the neighborhood was stable. He said that in 1989 staff had reported that every other house on the street was owner occupied, however, that has changed dramatically. He said he believed the fact the home was abandoned at the time of the requested rezoning, was an eyesore, and the owner was a leader in Mayor Taylor's church apparently swayed Council to approve the rezoning request so that someone dependable would rehabilitate the house. He said that another rezoning followed where the Commission voted for approval of the duplex. He also noted there was a house in the area that was clearly being used as a duplex dwelling. Mr. Layman stated that the character of the neighborhood was at least 50% rental. He said that he felt a much more valid way to look at it was whether or not the property was renter or owner occupied. He said that as he drove through the area it reminded him of Old Southwest (OSW) about 17 years ago. He said that OSW was virtually RM-2 and it was his opinion that there was significant incentives for people to invest in OSW. He said that for this neighborhood, the incentives were going to have to come from somewhere else. Mr. Layman further stated that based on the Commission's discussion last time, it concerned him that this single piece of property was somehow going to become a symbol for the either the preservation of the neighborhood or even more Members of Council Page 3 February 10, 1991 broadly for the viability of the City's housing policy. He said he thought it would be a mistake to let this individual rezoning rise to that level. He said that the actions that City Council has taken with the other two properties indicates a very pragmatic approach. He said he was asking that the Commission give someone an incentive to maintain a good piece of property so that it would not go downhill like the one on the corner of Clifton and Lafayette Avenues. He asked the Commission to look at whether it would be better for the neighborhood to have Mr. Board renovate and live in one side of the house than to renovate and rent out the entire structure. Mrs. Dorsey gave the staff report. She stated that this matter had been heard by the Commission on November 6, 1991 and staff had forwarded the Commission's recommendation to Council for their December 12th meeting. She said there had been no discussion at Council and the motion had been made to send the matter back to the Commission for reconsideration and reforwarding to Council with a more definitive report. Mrs. Dorsey presented a map which depicted the zoning pattern in the area, noting that the site under consideration was surrounded by single family zoning, with ample multifamily zoning available in the surrounding area. She also noted there was commercial zoning along Melrose Avenue in close proximity. She also presented a display showing the owner and rental occupied dwellings in the immediate area. Of 57 properties, Mrs. Dorsey noted that 23 or 40% were renter occupied and 34 were owner occupied. She said that staff felt that was not good land use planning to rezone one lot just to accommodate a conversion for multifamily purposes. She said that the zoning and land use patterns in the area were consistent with single family and staff would like to see the existing character of the area preserved. She further stated there were some homes in the area that needed maintenance and upkeep, but that did not take away from the single family character. Mr. Price commented that there was some reason the owners were moving out the houses and boarding them up. He said that something had happened in the last four years to make the people move out. He said that historically there had been influences on the area, i.e., the adjacent park. Mr. Marlles commented that the City had been undertaking some selected enforcement activities to deal with drugs and zoning violations in the area. He said that one of Members of Council Page 4 February 10, 1991 the shifts that has occurred in the City's thinking with respect to housing is that we have to do more to protect our single family, owner occupied housing stock. He said that one of the questions the Planning Commission has to ask themselves is whether the rezoning will benefit the neighborhood in the long-term or exacerbate the existing trend. He said that although staff felt the rezoning would have a beneficial short-term affect on the neighborhood, staff's concern was that it may discourage investors from buying homes in the neighborhood. Considerable discussion took place regarding the history of the dwelling and number of years it had been used as a duplex, the fact that the petitioner bought the property under the assumption that it was a duplex, and that the Commission was being asked to resolve a problem created as a result of someone misrepresenting the property to the petitioner. There was also discussion on the various housing programs of the City and the CHAS program and its goals. II. Issues: Zoninq of the subject property is RS-3, Residential Single Family District. All surrounding zoning in the area with the exception of a single lot (official tax no. 2430806) located to the southwest of the subject property which was rezoned to RM-1, Residential Multifamily, Low Density District, in 1989, is RS-3, Residential Single Family District. Land use of the subject property is a single family residence. The predominant land use in the area is single family detached residential with the exception of the two-family dwelling on the rezoned lot previously mentioned. Utilities are available and of adequate capacity to serve the proposed conversion to a two-family dwelling. Access to the property is from the adjoining public street, Clifton Avenue. The City Traffic Engineer has stated that the proposed use of the property and respective traffic generation would have no impacts on Clifton Avenue. To preserve the single family character and appearance of the property, the petitioner proposes to provide the required four (4), off-street parking spaces on the rear of the site, to be accessed from the adjoining 10-foot wide alleyway. Members of Council Page 5 February 10, 1991 Neiqhborhood orqanization is the Villa Heights Crime Prevention Organization. The Planning office notified their president in writing of the rezoning request on October 22, 1991, and no comments have been received by this office as of the writing of this report. F. Comprehensive Plan recommends that: 1. Neighborhood character be preserved. Encourage variety of housing choice in existing neighborhoods through a balance of preservation, rehabilitation, and new development. III. Alternatives: A. City Council deny the rezoning request. Zoninq would remain RS-3, Residential Single Family District, consistent with the prevailing zoning pattern in the area. 2. Land use would remain a single family residence consistent with the predominant land use in the area. 3. Utilities would not be affected. 4. Access would not be an issue. 5. Neiqhborhood's predominantly single family character is preserved. Comprehensive Plan would be followed. It is the intent of the plan's housing strategy to improve and enhance existing neighborhoods strengths and stability. By preserving the single family use, the stability and character of the neighborhood will be protected. B. City Council approve the rezoning request. Zoninq would become conditional, PM-l, Residential Multifamily District, Low Density District, and the conversion of a single family residence to a two- family dwelling could occur. Land use would become a two-family dwelling. Utilities are available and of adequate capacity to serve the proposed redevelopment of the property. Members of Council Page 6 February 10, 1991 Access to and from the property can be safely provided by Clifton Avenue. No traffic impacts are anticipated from the proposed use of the site. Neighborhood impact would be minimal, but the single family character of the area may be undermined. 6. Comprehensive Plan would not be followed. IV. Recommendation: By a vote of 4-2 (Mr. Ferguson absent and Messrs. Jones and Sowers voting against the motion to deny) the Planning Commission recommended denial of the rezoning request, finding that the predominant land use, zoning pattern, and character in the area is single family residential, and that it should be maintained and protected. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner 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 17, 1991 File #51 SANDRA H. EAKIN Deputy City Clerk Mr. Charles A. Price, Jr., Chair 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 Ms. Anne V. Sprague, Attorney, representing Mr. Vincent A. Board, requesting that a tract of land located at 2401 Clifton Avenue, N. W., being Lot 5, Block 1, Map of Villa Heights, identified as Official Tax No. 2430434, be rezoned from RS-3, Residential Single Family District, to RM-1, Residential Multi-Family, Low Density District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra REZONE8 Enc. pc' Ms. Anne V. Sprague, Attorney, p. O. Box 720, Roanoke, Virginia 0720 ~M~. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney 24004- WOODS, I~OGEHS 8~ HAZLEOROYE 1o5 FHANKLIN ROAD, S.W. P. 0. Box ?~o (703) 982-4241 October 16, 1991 HAND DELIVERED Ms. Mary Parker Clerk of Roanoke City 215 West Church Street Roanoke, Virginia 24011 Re: Petition to Rezone of Vincent A. Board Lot 5, Block 1, Map of Villa Heights Tax No. 2430434 Dear Ms. Parker: Enclosed please find Petition to Rezone in the above- captioned matter. We ask that it be considered at the November 6, 1991, Roanoke City Planning Commission meeting. Should you have any questions, please give me a call. Very truly yours, WOODS, ROGERS & HAZLEGROVE Anne V. Sprague Enclosure M#74981 IN RE: CiTY IN THE COUNCIL OF T}{E CITY OF ROANOKE,- V~R~C-iN/"A REZONING OF A TRACT OF LAND LYING IN 2401 CLIFTON AVENUE, N.W., LOT 5, BLOCK 1, MAP OF VILLA HEIGHTS, TAX NO. 2430434, FROM RS-3, RESIDENTIAL, SINGLE FAMILY DISTRICT, TO RM-1, RESIDENTIAL, MULTIFAMILY DISTRICT, SUCH ZONING TO BE SUBJECT TO CERTAIN CONDITIONS PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Vincent A. Board, owns land in the City of Roanoke located at 2401 Clifton Avenue, N.W., Tax No. 2430434. Said tract is currently zoned RS-3, Residential, Single Family District. A map of the property is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-3, Residential, Single Family District, to RM-1, Residential, Multifamily District, subject to certain conditions set forth below, to permit the conversion of an existing single family residence to a two family dwelling. The Petitioner believes the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that the conversion of this home will permit maximum utilization of this property and may encourage the rehabilitation of other neglected properties in the neighborhood. This particular residence has been used as M#74745 a two family dwelling for at least 20 years but no formal request for such use has previously been made. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, the rezoning will be subject to, and that the Petitioner will abide by, the following conditions. 1. The exterior appearance of the structure fronting Clifton Avenue will not be altered. The rezoned property, if developed, shall be developed in conformance with the attached site plan prepared by T.P. Parker & Son, Engineers & Surveyors, dated August 12, 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. See Exhibit B. If no building permit has been issued within three (3) years from the date of the final zoning approval, the zoning will revert to RS-3, Residential, Single Family District, without any further action by City Council. Attached as Exhibit C are names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 16th day of October, 1991. Respectfully submitted, VINCENT A. BOARD By Of Counsel~/~7~4/~'- ' M#74745 2 LAW OFFICES WOODS, ROGERS & HAZLEGROVE R~ANOK£ Daniel F. Layman, Jr. Anne V. Sprague WOODS, ROGERS & HAZLEGROVE 105 Franklin Road, S.W. Post Office Box 720. Roanoke, Virginia 24004-0720 (703) 982-4200 Counsel for Vincent A. Board, Petitioner Vincent A. Board - 1547 Westside Boulevard, N.W. Roanoke, Virginia 24017 M~74745 T~E SURVEYOR CERTZFIES TEIS LOAN SURVEY FOR FIBA~CIE~ ~a~OSE3 ONLY. TEIS SURVEY SUBJECT TO INFORMATION WEICE ~AY '~ DISCLOSED BY TITLE ABSTRACT. ~o.¢z 2~.o 28.0 TEE SUBJECT FROPERTY IS WITEIN THE LINITS OF ZONE - "~" AS SEONN ON TEE FEMA PLOOD INSURANCE RATE MAE. T~IS DETERMINATION IS BASED ON SAID NAp AND HAS NOT BEEN VERIFIED SY ACTUA~ FIELD ELEVATIONS. ~o ',~/~, SURVEY FOR BY: T. P. PARKER & SON ENGINEERS & SURVEYORS ,LTD. LOCATION Iii _rCm ROANOKE TI~ES & WORLO-NEWS ~0 NUMBER - 1232~540 PUBLISHER'S FEE - $110.40 ANNE V SPRAGUE ATTY tO S JEFFERSON ST, SUITE 1400 PO BOX I4125 ROANOKE VA 24038 '92 FEE-6 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I~ (THE UNDERSIGNEO) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION, WHICH CORPORATION IS PUBLISHER DF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, 00 CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 01/24/92 MORNING 01/31/92 MORNING WITNESS,~..I~'-~ 1S~ DAY OF FEBBAJARY 1992 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, February 10, 1992, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RS-3, Residential Single Family District, to RM-1, Residential Multifamily, Low Density District, the following property: A tract of land located at 2401 Clifton Avenue, N.W., known as Lot 5, Block 1, and bearing Official Tax No. 2430434, 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. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 22nd day of January , 1992. Please publish in full twice in the Roanoke Times & World-News, once on Friday, January 24, 1992, and once on Friday, January 31, 1992. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 Mary F. Parker, City Clerk. Bill to: Ms. Anne V. Sprague, Attorney P. O. Box 720 Roanoke, Virginia 24004-0720 MARY F. PARKER City Clerk CITY OF ROANOKI . OFFICE OF THE CITY CLERK 215 Church Avenue. S.W. Room 456 Roanoke, V'u-ginia 24011 Telephone: (703)981-2541 December 12, 1991 File #51 SANDRA H. EAKIN Deputy City Clerk Mr. Charles A. Price, Jr., Chair City Planning Commission Roanoke, Virginia Dear Mr. Price: A public hearing was advertised to be held on Monday, December 9, 1991, on the request of Mr. Vincent A. Board that a tract of land located at 2401 Clifton Avenue, N. W., being Lot 5, Block 1, Map of Villa Heights, identified as Official Tax No. 2430434, be rezoned from RS-3, Residential Single Family District, to RM-1, Residential Mniti-Family, Low Density District, subject to certain conditions proffered by the petitioner. Inasmuch as the request was recommended for approval by the City Planning Commission on a 3-2-1 vote (one member abstaining and one member absent), on motion, duly seconded and unanimously adopted, the public hearing was continued and the matter was referred back to the City Planning Commission for a more definitive recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw pc: Ms. Anne V. Sprague, Attorney, P. O. Box 720, Roanoke, Virginia 24004- 0720 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Manager, Building Commissioner/Zoning Administrator Roanoke City Planning Commission December 9, 1991 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Vincent A. Board, represented by Anne V. Sprague, attorney, that property located at 2401 Clifton Avenue, N.W., Official Tax No. 2430434, be rezoned from RS-3, Residential Single Family District, to RM-1, Residential Multifamily District, Low Density District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Backqround: Purpose of the rezoning request is to permit the conversion of an existing single family residence to a two-family dwelling. Said conversion is purported to make maximum utilization of the subject property and would encourage the rehabilitation of other neglected properties in the neighborhood. Petition to rezone was filed on October 16, 1991. The following conditions were proffered by the petitioner: 1. The exterior appearance of the structure fronting Clifton Avenue will not be altered. The rezoned property, if developed, shall be developed in conformance with the attached site plan prepared by T. P. Parker & Son, Engineers and Surveyors, dated August 12, 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. See Exhibit B. Rocx'n 355 Municipal Building 2t5 Church Avenue, S W Roanoke, Virginia 24011 (703) 981-2344 Members of City Council Page 2 December 9, 1991 If no building permit has been issued within three (3) years from the date of the final zoning approval, the zoning will revert to RS-3, Residential Single Family District, without any further action by City Council. Planning Commission public hearinq was held on Wednesday, November 6, 1991. Mr. Dan Layman, attorney, appeared before the Commission on behalf of Mr. Board. He said that the request was to rezone property on Clifton Avenue from RS-3 to RM-1 so that Mr. Board could use the home has a duplex. He said that Mr. Board had done a good bit of renovation on the structure and noted that Mr. Board would occupy one of the units of the duplex. Mr. Layman further noted that Mr. Board had been under the impression that the house was zoned for a duplex and had found out that it was not when he applied for some permits from the Building Department. Mr. Layman said that the staff report recommended denial based on the fact that the rezoning would change the character of the neighborhood. He said he felt the staff report reflected insufficient consideration of the status of the neighborhood and this request in particular. Mr. Layman said he did not think this neighborhood was really stable, but was on the brink of more deterioration. He said he had reviewed the City tax records and it appeared to him that about 14 houses, or about half, were not owner occupied, but were rental properties. He said the character of the neighborhood was already changing and the proposed rezoning would not change the neighborhood. He said there were single family renters and not single family owners in the neighborhood. Mrs. Dorsey gave the staff report. She said that in preparing the report, staff had evaluated the development in the area as well as the structural condition of the homes in the area. She said there were 25 single family homes along this segment of Clifton Avenue with the exception of the one duplex previously approved by the Commission. Mrs. Dorsey stated that in 1989, staff expressed concern that the then proposed rezoning would encourage additional conversions of single family units to duplexes in the area. Staff still maintained that duplexes were not in keeping with the character of the area or with the City's housing strategy. She stated Members of City Council Page 3 December 9, 1991 that staff was recommending denial of the requested rezoning. Mr. Marlles commented that staff recognized that there were problems in the neighborhood but stated that the City was starting to address those issues. He noted that the neighborhood was still single family, regardless of whether the units are owner- or renter-occupied. He said that over the short-term, a rezoning would provide some positive benefits, but over the long-term, the rezoning could discourage other people from investing in the area. Mr. Marlles said that there was a growing consciousness that we need to do more to protect the City's single family housing stock. Considerable discussion took place between Commission members, the petitioner and his attorney, and City staff pertaining to the following items: the size of the existing house; the potential occupants of the proposed duplex; the status of the subject property when the petitioner purchased it and problems associated with maintenance of rental units. II. Issues: Zoninq of the subject property is RS-3, Residential Single Family District. All surrounding zoning in the area with the exception of a single lot (official tax no. 2430806) located to the southwest of the subject property which was rezoned to RM-1, Residential Multifamily, Low Density District, in 1989, is RS-3, Residential Single Family District. Land use of the subject property is a single family residence. The predominant land use in the area is single family detached residential with the exception of the two family dwelling on the rezoned lot previously mentioned. Utilities are available and of adequate capacity to serve the proposed conversion to a two-family dwelling. Access to the property is from the adjoining public street, Clifton Avenue. The City Traffic Engineer has stated that the proposed use of the property and respective traffic generation would have no impacts on Clifton Avenue. To preserve the single family character and appearance of the property, the petitioner proposes to provide the required four (4) off-street parking Members of City Council Page 4 December 9, 1991 spaces on the rear of the site, to be accessed from the adjoining 10-foot wide alleyway. Neiqhborhood orqanization is the Villa Heights Crime Prevention Organization. The Planning office notified their president in writing of the rezoning request on October 22, 1991, and no comments have been received by this office as of the writing of this report. F. Comprehensive Plan recommends that: 1. Neighborhood character be preserved. Encourage variety of housing choice in existing neighborhoods through a balance of preservation, rehabilitation, and new development. III. Alternatives: A. City Council approve request. Zoning would become conditional, RM-1, Residential Multifamily District, Low Density District and the conversion of a single family residence to a two- family dwelling could occur. 2. Land use would become a two family dwelling. Utilities are available and of adequate capacity to serve the proposed redevelopment of the property. Access to and from the property can be safely provided by Clifton Avenue. No traffic impacts are anticipated from the proposed use of the site. Neiqhborhood impact would be minimal, but the single family character of the area would continue to be undermined. 6. Comprehensive Plan would not be followed. B. City Council deny the rezoning request. Zoninq would remain RS-3, Residential Single Family District consistent with the prevailing zoning pattern in the area. Land use would remain a single family residence consistent with the predominant land use in the area. Members of City Council Page 5 December 9, 1991 3. Utilities would not be affected. 4. Access would not be an issue. Neighborhood's predominantly character is preserved. single family Comprehensive Plan would be followed. It is the intent of the plan's housing strategy to improve and enhance existing neighborhood's strengths and stability. By preserving the single family use, the stability and character of the neighborhood will be protected. IV. Recommendation: By a vote of 3-2-1 (Mr. Jones abstaining and Mr. Bradshaw absent), the Planning Commission recommended aDDroval of the rezoning request finding that the proposed conversion of the single family residence into a duplex, by maintaining the exterior appearance of a single family dwelling, would not alter the predominantly single family residential character and use in the neighborhood. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Vir~qia 24011 Telephone: (703)981-2541 October 17, 1991 File #51 SANDRA H. EAKIN Deputy City Clerk Mr. Charles A. Price, Jr., Chair City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 35.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Ms. Anne V. SpPague, Attorney, representing Mr. Vincent A. Board, requesting that a tract of iand located at 2401 Clifton Avenue, N. W., being Lot 5, Block 1, Map of Vilia Heights, identified as Official Tax No. 2430434, be rezoned from RS-3, Residential Singie Family District, to RM-1, Residential Multi-Family, Low Density District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra REZONE8 Enc. pc: Ms. Anne V. Sprague, Attorney, P. O. Box 720, Roanoke, Virginia 0720 c..M~. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Steven J. Taievi, Assistant City Attorney 24004- WOODS, ROGEHS ~ HAZLEG~OVE to5 FRANKLIN ROAD, S.W. P. 0 BOX 7~0 (703) 982-4241 October 16, 1991 HAND DELIVERED Ms. Mary Parker Clerk of Roanoke City 215 West Church Street Roanoke, Virginia 24011 Re: Petition to Rezone of Vincent A. Board Lot 5, Block 1, Map of Villa Heights Tax No. 2430434 Dear MB. Parker: Enclosed please find Petition to Rezone in the above- captioned matter. We ask that it be considered at the November 6, 1991, Roanoke City Planning Commission meeting. Should you have any questions, please give me a call. Very truly yours, WOODS, ROGERS & HAZLEGROVE Anne V. Sprague Enclosure M#74981 IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, ViRC-iN~ REZONING OF A TRACT OF LAND LYING IN 2401 CLIFTON AVENUE, N.W., LOT 5, BLOCK 1, MAP OF VILLA HEIGHTS, TAX NO. 2430434, FROM RS-3, RESIDENTIAL, SINGLE FAMILY DISTRICT, TO RM-1, RESIDENTIAL, MULTIFAMILY DISTRICT, SUCH ZONING TO BE SUBJECT TO CERTAIN CONDITIONS PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Vincent A. Board, owns land in the City of Roanoke located at 2401 Clifton Avenue, N.W., Tax No. 2430434. Said tract is currently zoned RS-3, Residential, Single Family District. A map of the property is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-3, Residential, Single Family District, to BM-l, Residential, Multifamily District, subject to certain conditions set forth below, to permit the conversion of an existing single family residence to a two family dwelling. The Petitioner believes the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that the conversion of this home will permit maximum utilization of this property and may encourage the rehabilitation of other neglected properties in the neighborhood. This particular residence has been used as M#74745 a two family dwelling for at least 20 years but no formal request for such use has previously been made. The Petitioner. hereby proffers and agrees that if the said tract is rezoned as requested, the rezoning will be subject to, and that the Petitioner will abide by, the following conditions. 1. The exterior appearance of the structure fronting Clifton Avenue will not be altered. 2. The rezoned property, if developed, shall be developed in conformance with the attached site plan prepared by T.P. Parker & Son, Engineers & Surveyors, dated August 12, 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. See Exhibit B. 3. If no building permit has been issued within three (3) years from the date of the final zoning approval, the zoning will revert to RS-3, Residential, Single Family District, without any further action by City Council. Attached as Exhibit C are names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 16th day of October, 1991. Respectfully submitted, VINCENT A. BOARD - - Of Counsel~-/~7~ M#74745 2 Daniel F. Layman, Jr. Anne V. Sprague WOODS, ROGERS & HAZLEGROVE 105 Franklin Road, S.W. Post Office Box 720. Roanoke, Virginia 24004-0720 (703) 982-4200 Counsel for V~ncent A. Board, Vincent A2:~/~''~'>/~ So/ard' - 1547 Westside Boulevard, N.W. Roanoke, Virginia 24017 M#74745 Petitioner 3 D£LA W,4 ~ TBB SURVEYOR CERT~FIBH TBIS LOAN HURVHY ~OR PINANCIBG ro~OSgS ONLY. THIS SURVEY ' SUBJECT TO INFOR~ATION WHICE NAy ~ DISCLOSED BY TITLg ABSTRACT. P$.o THE SUBJECT PROPERTY IS WITHIN THE LINITS OF ZONE '~" AS SBOWN ON THE FEMA FLOOD INSURANCE RATE MAP. THIS DETERMINATION IS BASED ON SAID MAP AND EAS NOT BEEN VERIFIED BY ACTUAL FIELD ELEVATIONS. cZ'//'/.'o gz'r. SURVEY FOR ..~="C./, t,'/gg,q /,",*'/;,VT.~, TAX,.. BY: T. P. PARKER & SON ENGINEERS & SURVEYORS ,LTD. DATE: ~/0'~'. /P~. /9~/ W.O. $/'///~ iD. LOCATION ROANOKE TINES ~ WORLU-NE~S &O NUNBER - 112010083 PUBLISHER'S FEE - RECEiV£[ ANNE V SPRAGUE ATTY ID S JEFFERSON ST. SUITE 1400 PO BOX 14125 ROANOKE VA 24038 '91 DEB-4 A9:37 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED} AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD CUR- PORATION~ WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN THE STATE OF VIRGINIAt DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 11/22/91 MORNING g EVENING 11/29/91 MORNING & EVENING WITNESS,,.TH. IS , IST. DAY OF D~CE~M~E~g 1991 .... ....... _C' ..... AUTHOriZED SIGNATURE MARY F. PAR]i~R City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, !r~.ginia 24011 Telephone: (703)981-2541 November 22, 1991 SANDRA H. EAKIN Deputy City Clerk File #51 Ms. Anne V. Sprague Attorney P. O. Box 720 Roanoke, Virginia 24004-0720 Dear Ms. Sprague: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke g~ant the request of your client, Mr. Vincent A. Board, that a tract of land located at 2401 Clifton Avenue, N. W., being Lot 5, Block 1, Map of Villa Heights, identified as Official Tax No. 2430434, be rezoned from RS- 3, Residential Single Family District, to RM-1, Residential Multi-Family, Low 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, December 9, 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, which notice was prepared by the City Attorney's Office. Please review the notice and ff 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. Sincerely,_-~ ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw PUBLIC8 Eric o Ms. Anne V. Spre~ue November 22, 1991 Page 2 pc: Ms. Helen E. Davis, 1209 Loudon Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Charles R. Gentry, 2329 Delaware Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Otis C. Hughes, 2329 Delaware Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Charles W. Hail, 2408 Pennsylvania Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Donald Stuart, 2402 Clifton Avenue, N. W., Roanoke, Virginia 24017 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, p. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Ms. Nadine C. Mi-n~x, 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. Willi,m F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation 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, December 9, 1991, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RS-3, Residential Single Family District, to RM-1, Residential Multifamily, Low Density District, the following property: A tract of land located at 2401 Clifton Avenue, N.W., known as Lot 5, Block 1, and bearing Official Tax No. 2430434, 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. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 20th day of November , 1991. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, November 22, 1991, and once on Friday, November 29, 1991, in The Roanoke Times and World News. Please send publisher's affidavit to: Please bill to: Mary F. Parker, City Clerk Room 456, Municipal Bldg. Roanoke, VA 24011 Anne V. Sprague, Attorney P. O. Box 720 Roanoke, VA 24004-0720 M/t. RY F. P3.RKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 October 17, 1991 File #51 SANDRA H. EAKIN Deputy City Clerk Mr. Charles A. Price, Jr., Chair 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 Ms. Anne V. Sprague, Attorney, representing Mr. Vincent A. Board, requesting that a tract of land located at 2401 Clifton Avenue, N. W., being Lot 5, Block 1, Map of Villa Heights, identified as Official Tax No. 2430434, be rezoned from RS-3, Residential Single Family District, to RM-1, Residential Multi-Family, Low Density District, subject to certain conditions proffered by the petitioner. MFP: ra REZONE8 Eno. pc: Sincerely, Mary F. Parker, CMC/AAE City Clerk Ms. Anne V. Sprague, Attorney, P. O. Box 720, Roanoke, Virginia 24004- 0720 Mr. John R. Marlles, Agent]Secretary, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney WOODS, ROG~ER$ & HAZLwOROVE xo~, FmANX~X~ ROAm, $.W. P. 0. BOX ?mO (703) 982-4241 October 16, 1991 HAND DELIVERED Ms. Mary Parker Clerk of Roanoke City 215 West Church Street Roanoke, Virginia 24011 Re: Petition to Rezone of Vincent A. Board Lot 5, Block 1, Map of Villa Heights Tax No. 2430434 Dear Ms. Parker: Enclosed please find Petition to Rezone in the above- captioned matter. We ask that it be considered at the November 6, 1991, Roanoke City Planning Commission meeting. Should you have any questions, please give me a call. Very truly yours, WOODS, ROGERS & HAZLEGROVE Anne V. Sprague Enclosure M#74981 LAW OFFICES WOODS, ROGERS & HAZLEGROVE ROANOKE, VA. IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE,- Vi~GIN~i~A OCT i6 P3:47 REZONING OF A TRACT OF LAND LYING IN 2401 CLIFTON AVENUE, N.W., LOT 5, BLOCK 1, MAP OF VILLA HEIGHTS, TAX NO. 2430434, FROM RS-3, RESIDENTIAL, SINGLE FAMILY DISTRICT, TO RM-1, RESIDENTIAL, MULTIFAMILY DISTRICT, SUCH ZONING TO BE SUBJECT TO CERTAIN CONDITIONS PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Vincent A. Board, owns land in the City of Roanoke located at 2401 Clifton Avenue, N.W., Tax No. 2430434. Said tract is currently zoned RS-3, Residential, Single Family District. A map of the property is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-3, Residential, Single Family District, to RM-1, Residential, Multifamily District, subject to certain conditions set forth below, to permit the conversion of an existing single family residence to a two family dwelling. The Petitioner believes the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that the conversion of this home will permit maximum utilization of this property and may encourage the rehabilitation of other neglected properties in the neighborhood. This particular residence has been used as M#74745 LAW OFFICES WOODS, ROGERS & HAZLEGROVE ROANOKE, VA. a two family dwelling for at least 20 years but no formal request for such use has previously been made. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, the rezoning will be subject to, and that the Petitioner will abide by, the following conditions. 1. The exterior appearance of the structure fronting Clifton Avenue will not be altered. 2. The rezoned property, if developed, shall be developed in conformance with the attached site plan prepared by T.P. Parker & Son, Engineers & Surveyors, dated August 12, 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. See Exhibit B. 3. If no building permit has been issued within three (3) years from the date of the final zoning approval, the zoning will revert to RS-3, Residential, Single Family District, without any further action by City Council. Attached as Exhibit C are names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 16th day of October, 1991. Respectfully submitted, VINCENT A. BOARD By M#74745 2 LAW OFFICES WOODS, ROGERS & HAZLEGROVE ROANOKE, VA. Daniel F. Layman, Jr. Anne V. Sprague WOODS, ROGERS & HAZLEGROVE 105 Franklin Road, S.W. Post Office Box 720 Roanoke, Virginia 24004-0720 (703) 982-4200 Counsel for Vincent A. Board, Petitioner Vincent A. Board 1547 Westside Boulevard, N.W. Roanoke, Virginia 24017 M#74745 3 STATEMENT OF FILING COMPLIANCE AND FEE CALCULATION Petitioner: Petition includes: [~/~ (a) D~scription of the purpose for the zoning and the proposed use of the property. [ ~]~ (b) Concept plan outlining features of the proposed use of the property including buildings, parking, access and similar features. - (c) (d) [,4/ (e) Map or maps of the area requested for rezoning. Names, signatures, and addresses of the owner or owners of the lots or property included in the proposed change; and Names, addresses and official tax numbers of owners of the lots or property immediately adjacent to and those directly opposite thereto. Calculated fee: / ~e~.,e. ta~ yeh~g en ~ -- ~l~noke City Planning Commission A VE~VU£ D£LA W,4 RE THE SURVEYOR CERTIFIES THIS LOAN SURVEY FOR FINANCING PURPOSES ONLY. THIS SURVEY IS SUBJECT TO INFORMATION WHICH MAY HE DISCLOSED HY TITLE ASSTRACT. ~/0 SWC. / t 2~,o'' /.5 25. o THE SUBJECT PROPERTY IS WITHIN THE LIMITS OF ZONE '~" AS SHOWN ON THE FEMA FLOOD INSURANCE RATE MAP. THIS DETERMINATION IS BASED ON SAID MAP AND HAS NOT BEEN VERIFIED BY ACTUAL FIELD ELEVATIONS. so'w/~ 'SURVEY FOR TAX .O. ORaW~ ~. ~. CK'O. ,P O ,e;,~' O ,C b' VIRGINIA ~Y: T. P. PARKER & SON ENGINEERS & SURVEYORS , LTD.. SALEM . VIRGINIA SCALE: ,1'= ~O ' D~TE: _.,q&/6./~. D- $~09~ TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING OF: Request from Vincent A. Board, represented by Anne ) V. Sprague, attorney, that proeprty located at 2401 )AFFI- Clifton Avenue, N.W., Official Tax No. 2430434, be )DAVIT rezoned from RS-3, to RM-1, conditional. ) COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) TO-WIT: The affiant, Vincent A. Board, 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 28th day of October, 1991, notices of a public hearing to be held on the 6th day of November, 1991, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner~ Agent or Occupant Helen E. Davis Charles and Beverly Gentry Otis and Charlene Hughes Charles and Edna Hall Donald and Barbara Stuart 2430433 2430435 2430421 2430422 2430808 2430809 Address 1209 Loudon Avenue, NW Roanoke, VA 24017 2329 Delaware Ave., NW Roanoke, VA 24017 2328 Delaware Ave., NW Roanoke, VA 24017 2408 Pennsylvania Ave. Roanoke, VA 24017 2402 Clifton Avenue Roanoke, VA 24017 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28th day of October, 1991. Notary Public My Commission Expires: If Office of the City Clerk February20, 1992 File #24A-5 - Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30876-021892 amending the Code of the City of Roanoke (1979), as amended, by enacting new §21-85, Transporting a loaded rifle or shotgun, to Article III, Weapons, of Chapter 21, Offenses - Miscellaneous, Code of the City of Roanoke (1979), as amended, such new section prohibiting the transporting of a loaded shotgun or loaded rifle in any vehicle on any public street of the City; and requiring notification to the Director of Game and Inland Fisheries. Ordinance No. 30876-021892 was adopted by the Council of the City of Roanoke on first reading on Monday, February 10, 1992, also adopted by the Council on second reading on Tuesday, February 18, 1992, and will take effect on and after April 1, 1992. Sincerely, ~o~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc: The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 The Honorable Roy B. Willett, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juven/le and Domestic Relations District Court Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Mr. W. Robert Herbert February 20, 1992 Page 2 pc.' The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable JuLian H. Raney, Jr., Judge, General District Court The Honorable Richard C. Pattisal, Judge, Generel District Court The Honorable Donald S. Caldwell, Commonwealth,s Attorney The Honorable Arthur B. Crush, III, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General Dist~ct Court Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. LasHe, Vice President - Supplements, Municipal Code Corporation, p. O. Box 2235, Tallahassee, Florida 32304 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. M. David Hooper, Chief, Police Department Office of the City Clerk February 20, 1992 File #24A-5 Mr. Bud Bristow, Director Department of Game and Inland Fisheries P. O. Box 11104 Richmond, Virginia 23230-1104 Dear Mr. Bristow: I am enclosing copy of Ordinance No. 30876-021892 amending the Code of the City of Roanoke (1979), as amended, by enacting new §21-85, Tvansportin~ a loaded rifle or shotgun, to Article III, Weapons, of Chapter 21, Offenses - Miscellaneous, Code of the City of Roanoke (1979), as amended, such new section prohibiting the transporting of a loaded shotgun or loaded rifle in any vehicle on any public street of the City; and requiring notification to the Director of Game and Inland Fisheries. Ordinance No. 30876-021892 was adopted by the Council of the City of Roanoke on first reading on Monday, February 10, 1992, also adopted by the Council on second reading on Tuesday, February 18, 1992, and will take effect on and after April 1, 1992. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene o Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of February, 1992. No. 30876-021892. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new S21-8§, Transportinq a loaded rifle or shotqun, to Article III, Weapons, of Chapter 21, Offenses - Miscellaneous, Code of the City of Roanoke (1979), as amended, such new section prohibiting the transporting of a loaded shotgun or loaded rifle in any vehicle on any public street of the City; requiring notification to the Director of Game and Inland Fisheries; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordalned by the addition of the following new section to Article III, Weapons, of Chapter 21, Offenses - Miscellaneous: S21-85. Transporting a loaded rifle or shotqun. It shall be unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road or highway within the corporate limits of the City. The provisions of this section shall not apply to duly authorized law enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business. Any violation of this section shall be punishable by a fine of not more than One Hundred Dollars ($100.00). 2. The City Clerk shall, on behalf of this Council, by registered mail prior to March 15, 1992, transmit an attested copy of this ordinance to and give notice of the adoption of this ordinance to the Director of the Department of Game and Inland Fisheries. 3. This ordinance shall be in full force and effect on and after April 1, 1992. ATTEST: City Clerk. I CITY OF ROANOI , OFFICE OF THE CITYATTORNEY 4~4 MUNICIPAL BUILDING ROANOI~, V~RGINIA 24011-1595 WILBURNC. DIBLING, JR. February 10, 1992 92 F;:~ f; ..... WILUAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI KATHLEEN MARIE KRONAU A$SISTA#T CIIY AT[ORNEY$ The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Requlation of Firearms and "Look-Alike" Weapons Dear Mrs. Bowles and Gentlemen: At the City Council meeting of February 3, 1992, I was requested to report to Council with respect to the authority of City Council to adopt ordinances governing the purchase, possession, transfer, ownership, carrying or transporting of firearms. I was also requested to address the issue of "look- alike" weapons which have recently caused concern. I am pleased to provide this report on these important public policy issues. I. AUTHORITY TO REGULATE FIREARMS The leading case dealing with the efforts of Virginia local governments to regulate firearms is Stallinqs v. Wall, 235 Va. 313, 367 S.E.2d 496 (1988). In 1984, the City Council of the City of Virginia Beach adopted an ordinance requiring that any person desiring to acquire a pistol or revolver from a licensed firearms dealer must first obtain a permit from the city's chief of police. The ordinance further prohibited the chief from issuing any permit to any person under the age of 21; any convicted felon; any person committed to a mental institution; and certain other persons. Four citizens filed suit in the Circuit Court for the City of Virginia Beach challenging the ordinance on the basis that City Council had exceeded its authority under the Dillon Rule. The Circuit Court ruled that the City had authority to enact the ordinance, and the citizens took an appeal to the Supreme Court of Virginia. The Dillon Rule, relied upon by the citizens in challenging the Virginia Beach ordinance, provides as follows: "[A] municipal corporation possesses and can exercise the following powers, and no others: First, those granted in express words; second, those necessarily or fairly implied The Honorable Mayor and Members of City Council February 10, 1992 Page 2 in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable. Any fair, reasonable doubt concerning the existence of power is resolved by the courts against the corporation, and the power is denied." Stallinqs v. Wall, Id. at 316. Virginia Beach argued that it had the authority to adopt its ordinance pursuant to §15.1-839, Code of Virginia (1950), as amended ("State Code"). This section provides that a municipal corporation "...shall have and may exercise all powers...not expressly prohibited by the Constitution and the general laws of the Commonwealth, and which are necessary or desirable to secure and promote the general welfare of the inhabitants of the municipality and the safety, health, peace .... " The Supreme Court of Virginia held, notwithstanding the Dillon Rule, that the City was authorized to enact its ordinance under the general grant of police power set out in §15.1-839 of the State Code. Although the Stallings case may represent a crack in the Dillon Rule, the General Assembly moved quickly to eliminate the crack with respect to gun control. Even before the Supreme Court had ruled, while appeal was pending, the General Assembly acted to prevent other localities from adopting gun control ordinances. The 1987 Session enacted S15.1-29.15 which provides: "From and after January 1, 1987, no county, city or town shall adopt any ordinance to govern the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute." At the 1988 Session, the General Assembly amended S15.1- 29.15 to clarify that ordinances adopted prior to January 1, 1987, are grandfathered. In the context of gun control, Stallinqs represents victory for one Virginia local government only. The General Assembly's preemptive strike eliminated the possibility that other Virginia local governments could adopt gun regulation ordinances in reliance upon Stallings. It is interesting to note that the City of Roanoke Charter provides authority, at least as broad as the authority relied upon by Virginia Beach, to deal with the issue of gun regulation. See S~2(28), 2(30), 2(31) and 66, City Charter. Thus, only the preemptive effect of ~15.1-29.15 blocks City Council from The Honorable Mayor and Members of City Council February 10, 1992 Page 3 adopting ordinances broadly regulating the purchase, possession, ownership, carrying or transporting of firearms. The grandfather clause of S15.1-29.15 does save two gun control ordinances adopted by City Council prior to January 1, 1987. In this regard, I call to your attention that S21-79, Code of the City of Roanoke (1979), as amended, provides that it shall be unlawful for any minor to carry, concealed or otherwise, any gun, rifle, pistol, air gun or BB-gun within any public street, public park or public place, unless accompanied by a parent, guardian or adult official of an organized youth club or organization. Please also note that §21-84 of the City Code provides that no person shall sell or give any pistol to any person under eighteen years of age. See §18.2-309 of the State Code for similar provisions. Each of the foregoing ordinances provides that a violation shall be punishable as a Class 4 misdemeanor, and it is doubtful, given the provisions of S15.1-29.15 of the State Code, that these penalties can lawfully be increased. Importantly, ~15.1-29.15 does provide limited authority for local governments to engage in gun control when "expressly authorized by statute." Therefore, I have conducted a review of the State Code in search of statutes expressly authorizing local gun control ordinances. In this regard, I found only two applicable statutes. Section 18.2-287.1 authorizes a local governing body to adopt an ordinance making it unlawful for any person to transport, possess or carry a loaded shotgun or rifle in any vehicle on any public street, road or highway within such locality. The penalty for violation of any such ordinance shall not exceed a fine of $100.00. Such ordinance shall not be enforceable unless the governing body has notified the Director of the Department of Game and Inland Fisheries prior to May 1 of the year in which such ordinance is to take effect. Certain law enforcement and military personnel and other persons are required to be exempted from the ordinance. In addition, ~18.2-287.3 of the State Code authorizes any local governing body to adopt an ordinance making it unlawful for any person under the age of eighteen to carry or have in his possession while in any public place or upon any public highway a loaded firearm. Again, certain exceptions are required to be included in the ordinance, and the penalty is limited to a fine of no more than $100.00. In my research, I did note one additional statute providing useful authority, but this statute is applicable only to a city having a population of 200,000 or more. Section 18.2-287.4 of the State Code authorizes such city to prohibit the carrying of a loaded firearm on any public street, sidewalk, public park or in any place open to the public. Exceptions are required for law The Honorable Mayor and Members of City Council February 10, 1992 Page 4 enforcement officers, licensed security guards, military personnel and persons possessing valid permits to carry firearms. Violation of a local ordinance adopted pursuant to this authority is a Class 1 misdemeanor. II. RECOMMENDATIONS I recommend that City Council exercise its authority, under S18.2-287.1 of the State Code, to make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street within the City. I am attaching an ordinance by which City Council may add a new S21-85, exercising this authority, to the City Code. Because City Council has already adopted a more effective ordinance, I do not recommend that City Council exercise its authority under ~18.2-287.3 of the State Code which authorizes the City Council to adopt an ordinance prohibiting any minor to carry a loaded firearm in any public place or on any public highway. Section 21-79, Minors carrying guns, of the City Code, which was adopted prior to January 1, 1987, and is thus grandfathered, is stronger in two respects than any ordinance which could be adopted pursuant to the authority of §18.2-287.3. First, the City ordinance relating to minors carrying guns applies whether the weapon is loaded or unloaded whereas the State authorized ordinance could apply only to a loaded weapon. Second, the grandfathered City ordinance provides for a Class 4 misdemeanor penalty (a fine of not more than $250.00) whereas the maximum penalty under a State authorized ordinance would be $100.00. Since the City already has a stronger grandfathered ordinance regulating the carrying of weapons by minors, there is no need to adopt a weaker ordinance authorized by State Code. City Council may also want to consider requesting that the 1993 Session of the General Assembly grant this City the authority to prohibit the carrying of loaded weapons in public places subject to the required exceptions. It is, of course, well known that local government efforts to obtain authority to regulate firearms have fared very poorly in the General Assembly, and such legislative effort would require a well coordinated and concerted effort by City Council and local law enforcement authorities. III. LOOK-ALIKE WEAPONS Finally, City Council has requested that I address the issue of "look-alike" weapons. In several instances recently, persons have pointed or brandished objects similar in appearance to a firearm, but not a firearm, at police officers. Persons engaging The Honorable Mayor and Members of City Council February 10, 1992 Page 5 in this foolish activity have placed themselves in great jeopardy, and serious consequences have been avoided only by virtue of the excellent training possessed and discipline exercised by Roanoke City police officers. I am pleased to advise that the activity which has caused so much concern is already prohibited by the State Code. Section 18.2-282 provides that it shall be "...unlawful for any person to point, hold or brandish any firearm...or any object similar in appearance to a firearm~ whether capable of beinq fired or not, in such manner as to reasonably induce fear in the mind of another .... " The penalty for the proscribed activity is a Class 1 misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not more than $2,500.00, either or both. I trust that this report is fully responsive to request. I shall be pleased to answer any questions Council may have with respect to this matter. Council's members of With kindest personal regards, I am Sincerely yours, Wilburn C. bling, Jr. City Attorney WCD:f Attachment cc: The Honorable Donald S. Caldwell, Commonwealth's Attorney W. Robert Herbert, City Manager George C. Snead, Director, Administration and Public Safety M. David Hooper, Chief of Police Mary F. Parker, City Clerk