HomeMy WebLinkAboutCouncil Actions 04-20-92FITZPATRICK
(30965)
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
April 20, 1992
2:00 p.m.
AGENDA FOR THE COUNCIL
Call to Order Roll Call. All Present.
The Invocation was delivered by The Reverend Troy Webb, Pastor,
Glad Tidings Assembly of God Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Noel C. Taylor.
PUBLIC HEARINGS
Public hearing to receive the views of citizens
candidates for the position of School Board Trustee.
the two vacancies are:
with regard to
Candidates for
The Reverend C. Nelson Harris
Mr. Thomas L. Orr
Ms. Melinda J. Payne
Mr. Clubert G. Poff
No action was taken.
Mr. Clubert G. Poff
Mr. James W. Stephens
Ms. Ruth C. Willson
2. CONSENT AGENDA
C-1
(APPROV'ED 7-0)
ALL MATrERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROLrrINE BY THE crrY COUNCIl. AND WIIJ.
BE ENACTED BY ONE MOTION IN THE FORM LISTED BEI.OW.
THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF
DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVF. D FROM
THE CONSENT AGENDA AND CONSIDERED SEPARA'FF.I.Y.
A report of the City Manager requesting an Executive Session to
discuss a personnel matter, being the assignment, appointment and
performance of specific public officers, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in request for Council to convene in
Executive Session to discuss a personnel
matter, being the assignment, appointment
and performance of specific public officers,
pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended.
REGULAR AGENDA
3. HEARING OF CITIZF. NS UPON PUBLIC MATI'ERS:
a+
Request to address Council with regard to a march on Washington on
Saturday, May 16, 1992, entitled, "Save Our Cities! Save Our
Children!". The Reverend David A. Hayden.
The matts was referred to the City Attorney for preparation of the
proper measure.
4. PETITIONS AND COMMUNICATIONS: None.
2
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS:
A report with regard to presentation of the fiscal year 1992-93
budget.
Council went on record approving the creation of a second
Community Oriented Policing Effort (C.O.P.E.) team, at a cost
of $327,527.00, for fiscal year 1992-93.
ITEMS RECOMMENDED FOR ACTION:
A report recommending that Council schedule a public hearing
for Monday, May 11, 1992, at 7:30 p.m., on the proposed
1992-93 Community Development Block Grant Program.
Concurred in recommendation.
A report recommending approval of a Community Development
Block Grant loan under the Home Purchase Assistance Program
to an individual for purchase and rehabilitation of property
located at 523 Highland Avenue, S. E.; and authorization to
execute the necessary documents to implement and administer
the loan, including a Construction Disbursement Agreement.
Adopted Ordinance No. 30965-042092. (7-0)
6. REPORTS OF COMMITTEES:
Minutes of the Audit Committee meeting held on Monday, April 6,
1992. Council Member David A. Bowers, Chairperson.
Received and filed.
7. UNFINISHED BUSINESS: None.
8. INTRODUCTION AND CONSIDERATION
ORDINANCES AND RESOLUTIONS:
OF
ao
Ordinance No. 30953, on second reading, permanently vacating,
discontinuing and closing a portion of Barnett Road, N. W., beginning
at Youngwood Drive, N. W., between 5102 and 5098 Youngwood
Drive, N. W., described as Official Tax Nos. 6131907 and 6132001.
Adopted Ordinance No. 30953-042092. (7-0)
Ordinance No. 30954, on second reading, rezoning a tract of land
located at 1014 Norfolk Avenue, S. W., described as Lots 1 - 5,
inclusive, Section 18, Map of Webb Addition, and Lots 1 and 2,
Section 17, Map of Webb Addition, Official Tax Nos. 1110801 -
1110804, inclusive, and 1110810, from LM, Light Manufacturing
District, to RM-2, Residential Multi-Family, Medium Density District,
subject to certain conditions proffered by the petitioner.
Adopted Ordinance No. 30954-042092. (7-0)
Ordinance No. 30960, on second reading, authorizing an agreement
with Cox Cable Roanoke, Inc. for substitution of certain injection
points on the institutional cable distribution system and authorizing the
expenditure of up to $10,000.00 of the capital equipment grant
previously received from Cox Cable Roanoke, Inc.
Adopted Ordinance No. 30960-042092. (7-0)
An Ordinance to amend and reordain certain sections of the 1991-92
General and Capital Funds Appropriations, and providing for an
emergency.
Adopted Budget Ordinance No. 30966-042092. (7-0)
4
9. MOTIONS AND MISCELLANEOUS BUSINESS:
10.
Inquiries and/or comments by the Mayor and Members of City
Council.
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
OTItF. R HEARINGS OF CITIZI~.NS:
CERTIFICATION OF EXECUTIVE SESSION. (7-0)
NOTICE OF PUBLIC HEARING AND OF PUBLIC INTERVIEW
FOR SCHOOL BOARD TRUSTEE
BEFORE THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The Council of the City of Roanoke will hold a public hearing to receive the
views of citizens regarding appointment of School Board Trustees at its regular
meeting on Monday, April 20, 1992, at 2:00 p.m., or as soon thereafter as the matter
may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W. Candidates for School Board Trustee positions
are: The Reverend C. Nelson Harris, A. Dale Hendrick, H. Joel Kelly, Larry L.
Lilley, III, Edward J. Lyons, Thomas L. Orr, Melinda J. Payne, Clubert "Don" G.
Poff, Norma R. Smith, James W. Stephens and Ruth C. Willson.
The Council will also hold a public interview of candidates for the position of
School Board Trustee on Tuesday, April 21, 1992, at 6:30 p.m., in the Roanoke City
Council Chamber, fourth floor of the Municipal Building.
The public is invited to submit proposed questions to the candidates by filing
such written questions in the City Clerk's Office, Room 456, Municipal Building, by
5:00 p.m., on Tuesday, April 14, 1992. Ail questions will be asked by Members of
City Council, and Council may ask such proposed questions filed with the City Clerk
as the Council, in its discretion, deems advisable.
The Council will elect two School Board Trustees for three year terms of office
commencing July 1, 1992, at its regular meeting on Monday, May 11, 1992, at
7:30 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City
Council Chamber, fourth floor of the Municipal Building.
Mary F. Parker
City Clerk
NOTE TO PUBLISHER:
Publish in full once in the Roanoke
Times & Worid-News, on Thursday,
April 9, 1992 .... BLOCK STYLE.
Send publisher's affidavit and
bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011-1536
'92 AP;! 16
April 20, 1992
The Honorable Noel Taylor, Mayor and
Members of City Council
Roanoke, Virginia 24011
Re: Reouest for Executive Session
Dear Mayor and Members of Council:
This is to request that City Council convene in Executive Session to discuss a
personnel matter, being the assignment, appointment and performance of specific
public officers pursuant to Section 2.1-344.A. 1, Code of Virginia (1950), as amended.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/dh
CC:
V/Ms. Mary F. Parker, City Clerk Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Noel C. qhylor
M~yor
Howard E. Musser
Vice-Mayor
CITY OF ROANOI<F,
CITY COUNCIL
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981~2541
April 13, 1992
Council Members:
David A. Bowers
Elizabeth T. Bowles
Beverly ~ Fitzpatrick, Jr.
James G. Har~ey, II
William White, Sr.
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I am enclosing copy of a communication from the U. S. Conference of Mayors with
regard to a march on Washington on Saturday, May 16, entitled, "Save Our Cities!
Save Our Children!" The march is being held in protest against the cutbacks in
federal funding for United States cities.
It is my understanding that The Reverend David A. Hayden will address Council on
Monday, April 20, 1992, at 2:00 p.m., to request the City's support of the march by
adoption of an appropriate measure which will encourage citizens to participate in the
march on Washington in order to gain additional support for the homeless and
disadvantaged population. Reverend Hayden plans to attend and will be one of the
speakers.
Please let me know by Wednesday, April 15, if you concur in the City of Roanoke
endorsing the march and encouraging our citizens to participate.
With warmest personal regards, I am
Noel C. Taylor
Mayor
NCT:sw
Enc.
SAVE OUR CITIES! SAVE OUR
CHILDREN!
1201 Connecticut Avenue, N.W., #S00, Washington, DC 20036 Tel. 202/328-0199 Fax 202/452-4175
March 31, 1992
The Honorable Noel C.
Mayor of Roanoke
215 Church Ave. S.W.,
Roanoke, VA 24011
Taylor
Room 452
Dear Mayor Taylor:
As co-chairs of the May 16 "Save our Cities! Save our Children!"
March on Washington, we are contacting you with an important update
on this event.
Clearly, the need for the March remains urgent. The Soviet Union
has collapsed and the Cold War is over. More than ever, we have an
opportunity and obligation to demand that our federal lawmakers
place the survival of our cities and the welfare of our children on
the political and policy agenda as top priorities.
In that regard, at last August's meeting of the USCM's executive
committee, the "Save our Cities! Save our Children!,, March on
Washington was discussed and endorsed as a compelling vehicle to
alert and hold accountable the Congress and the President on behalf
of our cities and the millions of Americans who reside in them.
In the months following the meeting, the March has gained vital
support and momentum:
*** Scores of mayors from every region of the country have endorsed
the March and are taking the lead in organizing their communities.
Whenever possible, these mayors are spearheading the creation of
large delegations of their constituencies to attend the March. For
cities distant from the nation's capital, mayors are organizing the
attendance of smaller delegations featuring a representative cross-
section of their cities' constituencies and challenges.
The March has gained the endorsement and motive support of
national and grassroots organizations and coalitions vital to our
mobilization effort.
Labor unions and national and local organizations, associations,
and coalitions representing vast educational, health care,
religious, housing, environmental, and minority communities have
embraced the March and its message and are actively organizing at
all levels.
Page Two
*** Importantly, the March effort now includes an additional
outreach component to assure significant attention and individual
accountability from our federal law makers.
Many mayors and their delegations (be they large or small) will be
coming to Washington on Friday, May 15 -- one day prior to the
March -- to advocate for cities and children before their
Congressional delegations on Capitol Hill.
March organizers will be arranging briefings for mayors and their
delegations with their Congressional Members, to be followed by
press conferences for the delegations with national media
representatives and with their regional print and broadcast press.
This effort has gained such support that we are exploring the
possibility of Congressional hearings to be held during the week
prior to the March, featuring appearances and testimony by mayors
and their delegations.
The March itself will feature a massive rally and a program of
speakers to include high-profile public officials and opinion
leaders, prominent national and regional activists, and ordinary
citizens. Not insignificant to our audience and media draw, the
event also will feature national celebrities and top musical
entertainment appropriate to the message and outreach of the March.
This is but a thumbnail sketch of the March objectives and
activities. We have a seasoned staff in place in Washington for
national event planning, field operations, and communications, and
they are ready to provide you and your staff with additional March
information as well as assistance with local organizing and media
efforts.
In that regard, we ask you to review the attached informational
materials, including an endorsement form which we request you
return immediately so we might determine the level of your interest
and commitment. In fact, we would appreciate your designating a
member of your staff to call Earl Bender or Lisa Farrell of our
national field staff at (202) 328-0199.
We will be sending you additional updated information on the March
in the weeks ahead, and look forward to working with you on this
vital effort.
Osborn Elliott
Chairman
President, U.S. Conference of Mayors Citizens Committee for
New York City, Inc.
S...AVE OUR CITIES! SAVE OUR CHILDREN~
901 31st Street, NW, Washington, DC 20007 Tel. 202/944-5092 Fax 202/333-1638
MAYOR'S ENDORgK'WIENT FORM
As the Mayor of ., I wholeheartedly endorse the "Save
Our Citiesl Save Our Children!" March on Washington on Saturday, May 16, 1992. I add my support
and that of my city to the protest against the brutal cutbacks in Federal funding for U.S. cities.
From now until May 16, I will
-- Plan to be in Washington to participate in Capitol Hill Day on May 15 and the March on May 16.
~ Plan to participate only in the March on May 16.
_ Organize a delegation from my city to participate in the march.
__ Raise funds in my community to ensure my city's participation.
_ Publicize the march by informing our local press and by speaking and writing about it
whenever possible.
- You may include my name in the list of mayors who have endorsed the march to be otiliTed for
informational and media outreach.
Furthermore, I have appointed (name and telephone number)
to coordinate my city's plans for the march and to serve a~ our liaison to th~ march's national headquaaers
in Washington.
Please return ihis fora] to the attention of
Wendy Grassi
Director of Information Services
at the address above.
Signed
A CALL TO ACTIOb~
American cities face a perilous future. These vital centers of culture and business,
which are home to millions, have been virtually abandoned by the federal government. Over
the past decade, the quality of life in our cities has declined as our tax dollars have been
shifted from needed domestic programs to the Pentagon.
The destructive results of that shift, as well as changes in the global economy, have
become all too apparent in cities -- large and small -- across the country.
Nearly two-thirds of U.S. cities are facing major financial crises due to cuts in
federal funds. The cuts have caused the loss of jobs, the ending of critical
programs, and drastic reductions in services.
As a result of cuts in federal funds, cities have had less money to deal with
increasing demands for housing, health care, education, job training, and other
critical public services.
Without the funds previously appropriated by the federal government, cities
lack the money to repair bridges and roads, clean up toxic wastes, and provide
public transportation.
The economic disaster facing our cities is havin~ the most orofound imoact on our
children.
Homeless families with children are thc fastest growing segment of the
homeless population.
-- The unemployment rate among urban youth is a crushing 55 percent.
Nationally, one in five American children lives in poverty, and the rate is exen
higher in the cities.
Random violence assaults our urban children, and physical abuse and drug
abuse have reached epidemic proportions.
Most destructive of urban life has been the loss of hope and the growth of despair
which have exacerbated racial conflict and class pola_,ization in our cities.
Why is all this taking place in our cities? There are many reasons, but one of the
most important is the dramatic shift of funds from domestic programs to the military.
During the 1980s the military budget was increased by $579 billion, while federal funds to
states and cities were cut by $78 billion.
Now we must have new national priorities. The Cold War is over and supert~ower
"enemies" no longer loom on the horizon. Today, the great threat to our national security
comes from the collapse of our cities, the despair of our people, and the indifference of our
elected leaders.
The cities cannot solve their problems alone. The Congress and the White House
must commit themselves anew to our cities and use our tax resources to reverse the
downward slide of both urban and rural America.
It is time for all people -- from every social, ethnic, racial, economic, and religious
background -- to join together with the mayors of our cities and demand that the federal
government take direct action to "Save Our Cities - Save Our Children."
THEREFORE -- AS AMERICANS CONCERNED WITH EDUCATION, JOBS,
HEALTHCARE, AIDS, HOUSING, CRIME, DRUGS, AND THE ENVIRONMENT -- WE
CALL ON PEOPLE ACROSS THE COUNTRY TO ASSEMBLE PEACEABLY IN A
DEMONSTRATION IN WASHINGTON, D.C. ON SATURDAY. MAY I6. I997. TO
REDRESS THESE GRIEVANCES.
In order to "Save Our Cities - Save Our Children," we demand the following:
1. A massive and immediate federal appropriation to help cities meet urgent needs,
to provide care for children, and to start rebuilding our urban infrastructure. Such an
appropriation would help to reinstate our cities and our children at the top of the
national agenda.
2. Funding of this appropriation by a major reduction in the military budget and the
restoration of fairness to a tax system which now overly burdens the poor and middle
income Americans.
3. Elimination of the walls between domestic and military spending in the current
U.S. budget agreement which prevent the transfer of military savings to needed
domestic programs.
4. A program for planned economic conversion that creates jobs in the cities, retrains
former military personnel and defense workers, and guarantees economic justice, full
employment, and job security for all Americans.
We stand at a critical point in history. Without a fundamental change in our national
priorities, our country will not have the resources or the political will to address critical
problems. By marching and demonstraling together, we will arouse a national demand to
SAVE OUR CITIES - SAVE OUR CHILDREN.
SAVE OUR CITIES~ SAVE OUR CHILDREN~
901 31st Street, N%V, Washington, DC 20007 Tel. 202/944-5092 Fax 202/333-1638
MAYORAL ENDORSEMENTS (aa of 3/31/92)
Alabama Springfield Ohio
Birmingham Worcester Cleveland
Toledo
~ ~ YonngsWwn
Sacramento Ann Arbor
San Diego Warren ~
Sunnyvale Allentown
Minne~ Chester
Colo~do Rochester Hanisburg
Denver St. Paul pl~ilndelphia
Pittsburgh
.C,9llallggg~ Mississippi York
Bridgeport Jackson
Hamden ~
Hartford Mis~ufi San Juan
New Haven Kansaa City Trujillo
St. Louis
Neva~ Cranston
Florida Reno
Miami ~
Miami Beach New lersey Charleston
Saraaota ~liTah~th
I-Iigl'dand Park Vermont
~ Hop~ Burlington
Atlanta Jersey City
Newark ~
Covington Trenton Richmond
Louisville Wendbridge
Baltimore Albany Tacoma
New York City
Boston ~ biilwaukee
Fitchburg Winston-Salem
Newton
SAVE OUR CITIES! SAVE OUR CHILDREN;
901 $1st Street. N~V, Washington, DC 20007 Tel. 202/944-5092 Fax 202/333-1638
CZTZ~n '~T ~ OI~Z~tXNG
Birmingham
Mobile
Chula Vista
Sacramento
San Diego
Sunnyvale
Bridgeport
Hamden
Hartford
New Haven
Wi lmington
Miami
Miami Beach
Sarasota
Atlanta
Honolulu
Chicago
Falmouth
Portland
Baltimore
as of 3/31/92
Boston
Cambridge
Fitchburg
Lowell
Lynn
New~on
Springfield
Ann Arbor
Detroit
St. Paul
Jackson
Kansas City
St. Louis
Bloomfield
Camden
Cherry Hill
East Orange
Elizabe~h
Englewood
Highland Park
Hope
Jersey City
Iselin
Newark
New Brunswick
Paterson
Trenton
Woodbridge
Albany
Buffalo
Great Neck
New York City
Grand Forks
Akron
Cleveland
Dayton
Toledo
Youngstown
Allentown
Bethlehem
Chester
Easton
Harrisburg
Philadelphia
Pittsburgh
York
Cranston
Providence
Austin
Alexandria
Richmond
Seattle
Green Bay
Office ol the City Clerk
April 23, 1992
File #60-5
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke held on Monday, April 20,
1992, on motion, duly seconded and unanimously adopted, Council went on record
approving the creation of a second Community Oriented Policing Effort (C. O.P.E. )
team, at a cost of $327,527.00, for fiscal year 1992-93.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. Joel M. Schlanger, Director of Finance
Mr. George C. Snead, Jr., Director, Administration and Public Safety
Mr. M. David Hooper, Police Chief
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541
Office of the Ci~' Manager
April 16, 1992
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
I am attaching for your review copies of the actual public
advertisements which will be appearing in the Roanoke Times &
World News concerning the recommended budget for Fiscal Year 1992-
93. These advertisements will appear in the morning edition on
Monday, April 20th. We are required by State law to publish these
advertisements at least seven days prior to the scheduled public
hearing on Monday, April 27th. That is why they will appear
initially in the newspaper on the morning of the same day that I
will publicly present my recommended Fiscal Year 1992-93 budget to
city Council.
Please note the following concerning these advertisements:
The "Notice of Proposed Tax Increase" portion of the
advertisement entitled "Notice of Public Hearing on Real
Estate Tax Rate" is required by State law to be published in
the exact form, content, language, and size shown. It cannot
be published in the legal advertisements section of the
newspaper.
The "Notice of Public Hearing" advertisement provides notice
that two local tax rate increases are being considered, the
cigarette tax and transient occupancy tax. Both tax rate
increases are required to fund the recommended supplemental
budgets. My recommendation is to increase the cigarette tax
from $.005 per cigarette to $.007, or $.04 per pack, and to
increase the transient occupancy tax from 4% to 5%.
Please advise if you have questions regarding any of these
advertisements. Also, it may be necessary to deliver your
recommended budget documents on Saturday, April 18th, instead of
Friday, April 17th. This is due to the fact that the budget
process was not finalized until later than usual this year because
of State revenue uncertainties. I can assure you that our
Management Services staff are doing everything in their power to
ensure that you receive your documents as soon as possible.
sincerely,
W. Robert Herbert
city Manager
cc: ~Ms. Mary F. Parker, City Clerk
Room364 Municipa~Buildin9 215ChurchAvenue, SW Roanoke, Virginio24011 (703)981-2333
NOTICE OF PROPOSED REAL PROPERTY TAX INCREASE
Pursuant to Section 58.1-3321, Code of Virginia (1950), as amended, notice is hereby given that the City of
Roanoke proposes to increase properly tax levies.
Assessment Increase: The total assessed value of real property, excluding additional assessments due
to new construction or improvements to property, exceeds last year's total assessed value of real
property by 2.0 percent.
· . . y , n mump,ea oy me new total assessed value of real est
,with the excluaons mentioned above, wou ate
~<nown as the 'lowered tax rate'. ' Id be $1.22 per $100 of assessed value. This rate will be
3. Effective Rate Increase: The City of Roanoke proposes to adopt a tax rate of $1.25 per $100 of
assessed value. The difference between the lowered tax rate and the proposed tax rate would
, . . be$.03
Per $100, or 2.0 percent. This difference will be known as the effectn/e tax rate increase'. Individual
property taxes may, however, increase at a percentage greater than or less than the above percentage.
4. Proposed Total Budqat ncre~-.. Based on the proposed real property tax rate and changes in other
revenues, the total budget of the City of Roanoke will exceed last year's by 4.40 percent.
A public hearing on the 'effective tax rate increase' will be held on April 27, 1992, at 7:00 p.m., in the Exhibit
Hall oftbe Roanoke Civic Center, 710 Williamson Road, N. E., Roanoke, Virginia. Ail persons desiring to be
heard shall be accorded an opporlunity to present oral testimony within such reasonable time limits as shall
be determined by City Council.
Given under my hand this 20~h day of Apdl, 1992.
Mary F. Parker, City Clerk
NOTE TO PUBUSHER:
Please publish in full once on Monday, April 20, 1992, in the Roanoke Times and World News.
Proof copy requested. Send to: Diane S. Akers
Budget/Management Analyst
215 Church Avenue, S. W., Room 361
Roanoke, VA 24011
Total advertisement must be 1/8 page in size.
'NOTICE OF PROPOSED REAL PROPERTY TAX INCREASE' line must be 18pt in size.
Advertisement may not appear in legal advertisement section.
Please send publisher's affidavit and bill to:
May F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, VA 24011
NOTICE OF PUBLIC HEARING
Notice is hereby given, pursuant to Section 58.1-3007, Code
of Virginia (1950), as amended, that the City Manager
proposes to recommend to City Council that the current cigarette
tax of $.005 per cigarette be increased to $.007 per cigarette
beginning July 1, 1992.
Notice is also given, pursuant to Section 58.1-3007, Code of
Virginia (1950), as amended, that the City Manager proposes to
recommend to City Council that the current transient lodging tax
of 4% of the total amount paid for room rental be increased to 5%
beginning July 1, 1992.
A public hearing will be held before the Council of the
City of Roanoke on Monday, April 27th at 7:15 p.m., or as soon
thereafter as the matter may be heard, in the Civic Center Exhibit
Hall, 710 Williamson Road, N.E., Roanoke, Virginia, at which time
citizens of the locality shall be given an opportunity to appear
before and be heard by City Council on the subjects of the
proposed increased cigarette tax rate and the proposed increased
transient lodging tax rate.
Given under my hand this 20th day of April, 1992.
Mary F. Parker
City Clerk
NOTE TO PUBLISHER:
Please publish in full once on Monday,
the Roanoke Times and World News.
Proof copy requested.
April 20, 1992, in
Please send publisher,s affidavit and bill to:
Mary F. Parker, City Clerk
Room 456 Municipal Building
Roanoke, Virginia 24011
NOTICE OF PUBLIC HEARING
CITY OF ROANOKE
RECOMMENDED 1992.93 BUDGET
Pursuant to Section 15.1-162, Code of Virginia (1950), as amended, notice is hereby given that on Monday, April 27,
1992, at 7:30 p.m., or as soon thereafter as the matter may be heard, Roanoke City Council will hold a special
meeting in the Exhibit Hall of the Roanoke Civic Center, 710 Williamson Road, N. E., Roanoke, Virginia, for the
purpose of holding a pubic bearing on the 1992-93 City Budget. All persons shall be afforded an opportunity to speak
and state their views concerning all aspects of the budget within such reasonable time limits as shall be established
by City Coundl. Persons desiring to speak on behalf of others must have their names placed on the agenda in
accordance with regular procedures of the Roanoke City Council. Written comments of interested citizens will be
received by the City Clerk at any time prior to the hearing.
Complete copies of the recommended budget will be available for public inspection at the City Clerk's Office, City
Manager's Office and the main public library.
The recommended budgat is summarized as follows:
REVENUE ESTIMATES:
General Property Taxes
Other Local Taxes
Permits, Fees & Ucenses
Fines and Forfeitures
Revenue from Use/Monay & Property
Grants-in-Aid- Commonwealth
Grants-in-Aid - Federal Government
Education
Charges for Current Services
Miscellaneous Revenue
TOTAL - GENERAL FUND
Civic Center Fund
Internal Sewice Fund
Nursing Home Fund
Sewage Treatment Fund
Transportation Fund
Water Fund
RECOMMENDED EXPENDITURES:
$53,3O8,845
39,255,806
523,250
593,000
827,652
25,251,9O2
33,706
34,728,522
3,999,623
258~100
$158,780,406
$ 1,731,400
$ 8,464,678
$ 1,473,463
$ 6,819,000
$ 2,174,121
$ 7,465,487
Community Development
Education
General Government
Health and Welfare
Judicial Administration
Non-Departmental
Parks, Recreation & Cultural
Public Safety
Public Works
TOTAL- GENERAL FUND
$ 811,433
67,800,155
8,546,998
14,076,273
3,226,522
14,654,248
4,061,698
27,798,364
17~814~715
$158,780,406
Civic Canter Fund
Internal Service Fund
Nursing Home Fund
Sewage Treatment Fund
Transportation Fund
Water Fund
$ 8,402,282
1,525,907
$ 2,163,860
Given under my hand this 20Ih day of April, 1992.
Mary F. Parker, City Clerk
Please publish in full once on Monday, April 20, 1992, in the Roanoke Times a~d World News.
Proof copy requested. Send to: Diane S. Akers
Budget/Management Analyst
215 Church Avenue, S. W., Room 361
Roanoke, VA 24011
Please send publisher's affidavit and bill to:
May F. Parker, City Clerk
Room 456, Munidpal Building
Roanoke, VA 24011
Budget - Revenue
FY 1993
cities are a critical part of America's social, economic, and
cultural life. The local economy shapes the capacity of a city's
resources and also many of the demands placed on the Budget.
Federal and State mandates continue to place demands on this budget
because of the lack of financial support provided by them to
support their mandates and the soaring costs of increased
standards.
City Councils across this nation are forced to make priority
decisions on services that affect the electorate. They must
continually make the tough decisions between competing objectives
to ease the strain of taxation for some and more effectively serve
the citizens whom they are responsible to.
New taxes created by a planned economic development effort,
increased techniques to collect all taxes and fees owed this City,
and the State's effort to fund education will serve as the main
focus of increased revenues to the City of Roanoke in FY 93 and
allow you to carry out the programs that the citizens of this city
are entitled to.
The recession that hit parts of our Country with 100 mile an
hour winds fortunately breezed by Roanoke without major damage.
But caution must remain - recovery begins with consumers, and
consumers at this point are not capable of maintaining their first
quarter of 1992 spending pace since it is far above the growth of
their incomes. Weak job markets, slow income growth, and the
resultant restraints on spending will continue to cause concern.
While local sales taxes finally broke out of its five
consecutive month declines in early Fall, with thre~ strong monthl~
gains reflecting ~all and Holiday season sales, it has properl~~
adjusted itself with a (19%) decline this past month, reflectin~
January sales - and a resultant (5.1%) cumulative loss for 9 months
into this fiscal year.
But we are still pleased with what we see now for FY 93 - we
see a General Fund budget estimated to increase +4.4~ compared to
last year's .04% growth - but we see the increase in categories
that do not provide you with much flexibility.
State revenues, which comprise 36% of our General Fund, are
estimated to increase 7% ($3.8M) of which $2.5 is for Education.
The remaining $1.3M is mostly in categories of social services and
shared expenses. Areas such as Street Maintenance and Law
Enforcement have remained flat.
Local tax revenues are estimated to increase approximately
$3.9M with the bulk of the increase coming in Real Estate and
Personal Property.
New construction and a major change in the emphasis on the
collection of delinquent taxes, along with the rewards of proration
of personal property taxes provides for these much needed increases
- because all other local taxes are estimated to remain flat.
It is difficult with this type of an environment to feel
confident of a major increase for next fiscal year. All our local
taxes are detailed for you in your budget book.
As in the past, I would be pleased to discuss in detail the
tax structure during budget study I would also be more than
pleased to be able to bring forth to you a positive revenue
adjustment six months into next fiscal year.
SALES TAX REVENUE (1% LOCAL OPTION)
CITY OF ROANOKE
0.9
0.8
0.7
0.6
0.5
0.4
0.5
0.2
0
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
MONTH
CITY OF ROANOKE, VIRGINIA
1X SALES TAX HISTORY RECAP
FY 1989 ' FY 1992
HORTH FY 1989 FY 1990 FY 1991 FY 1~92 FY 1992 YTD
* PROJECTED ~ TOT
COLLECTIONS ~ VARIANCE SUOCET
JUL 922,821.92 9=&,067.00 1,065,017.15 920,957.07 920,957.07 967,332.73
AUG 1,088,572.79 977,370.28 1,010,351.~0 98~,,687.$1 1,~)5,(~..58 1,978,853.99 -3.70~ 15.91~
SEP 962,818.10 853,674.75 1,17~,656.89 929,~69.32 2,8~=,013.90 2,963,693.86
OCT 941,636.~8 1,031,769.90 1,1Z~,766.07 902,755.76 3,737,769.66 3,982,079.9~ -6.1~
NOV 1,011,279.09 1,116,~6.9~ 987,529./~. 964.,~.99 4,?02,114.65 5,006,425.12 -6.08~ 39.26~
DEC 998,598.21 8?9,986.74 896,413.15 1,058,=66.11 =,760,680.76 5,918,876.58 -3.01~ ~7.~5~
JAN 1,472,857.45 1,54=,611.72 1,*~0,636.16 1,381,340.63 7,122,021.39 ?,~=8,777.05 -~.22~
FEB 776,468.62 827,96~,.89 748,761.58 968,724.&9 8,090,745.88 8,132,534.81 -0.$1~
~AR 952,228.38 968,115.90 1,054,595.60 856,503.61 8,945,249.49 9,110,729./~, -1.8~
APR 878,866.13 963,062.98 9&1,571.83 8,945,249.49 10,025,976.74 -10.78~
~AY 946,785.46 1,091,307.60 958,~4~.2~ 8,945,249.49 11,004,6~0.20 -18.71~
JUN 1,006,574.42 922,400.36 1,028,250.30 8,945,249.49 11,977,000.00 -~=.31~ 7~.~'~
................................... . ..........................................................................
TOTALS 11,959,506.95 12,131,819.05 12,333,792.00 8,945,2~9.49 8,9&=,249.49 11,977,000.00 -1.82~ 7~.5~%
(TO DATE) (~00ATE)
~INCREASE 4.21X 1.44X 1.66X
(TO DATE)
Projected CoLLections are based on proration of previous three years data.
CiTY OF ROANOKE
SALES TAX HISTORY DETAIL
FY 1989 ° FY 1~92
MONTH
JUL
AUG
SEP
OCT
NOV
DEC
JAg
FEB
MAR
APR
MAY
JUM
FY92HO#THLY FY92 YTD
HONTHLY Z CUMULATIVE
I#C(DEC) IgC(DEC)
920,957.07 920,957.07 -13.53X -13.53X
98~,,687.51 1,905,6~.58 -2.54X -8.18'/~
929,369.32 2,835,013.90 -21.15~ -12.88~
902,755.76 3,737,769.66 -19.67',C -14.62X
9~,,344.99 4,702,114.65 -2.35Z -12.36X
1,038,566.11 5,?40,680.76 15.86X
1,381,340.63 ?,122,021.39 1.52X -6.56X
968,72&.49 8,090,745.88 29.$8X -3.35X
854,503.61 8,9~5,249.49 -18.97~ -5.10X
8,945,249.49 -100.00~ -13.7~
8,945,249.49 -IO0.OOX -20.88~
8,945,249.49 -IO0.OOX
8,945,249.49
,'~ONTH
JUL
AUG
SEP
OCT
NOV
DEC
JAg
MAR
APR
MAY
JUN
FY91 MONTHLY FY91 YTO
HONTHLY ~ CUNULATIVE
INC(DEC) INC(OEC)
1,065,017.15 1,065,017.15 11.63X 11.63X
1,010,351.60 2,075,368.7~ 3.37~
1,178,656.89 3,254,025.6& 38.07~ 16.84~
1,17.3,766.07 4,377,791.71 8.92X
987,529./~c* 5,365,321.15 -11.55~ 8.76X
896,413.15 6,261,7'3&.30 1.87% 7.71~
1,360,636.16 7,622,370.46 -11.97% 3.58X
748,761.58 8,371,132.04 -9.57X 2.25X
1,054,595.60 9,425,727.6~* 8.93X 2.96X
941,571.83 10,367,299.47 -2.23~ 2.46X
1,028,250.30 12,335,?92.00 11.48~ 1.66~
12,333,792.00
1992/93
FISCAL YEAR BUDGET PRESENTATION
MONDAY, APRIL 20, 1992
CITY MANAGER BOB HERBERT
HELLO. IT IS MY PLEASURE TO PRESENT TO YOU THE CITY'S
PROPOSED BUDGET FOR FISCAL YEAR 93. IN THINKING OF HOW TO BEST
PRESENT THE BUDGET, I REALIZED THAT THIS YEAR THE STORY IS NOT
JUST THE HARD FIGURES CONTAINED IN THE BUDGET DOCUMENT, BUT THE
PROCESS THAT HAS BROUGHT US TO THE POINT WE ARE TODAY. I'D LIKE
TO BRIEFLY SHARE THAT STORY WITH YOU.
AN IMPORTANT BENCHMARK WAS DECEMBER 17, 1991, WHEN WE
PULLED TOGETHER SOME 30 CITY EMPLOYEES FOR A DAY LONG WORKSHOP ON
HOW TO ADDRESS THIS FISCAL YEAR 1992/93 BUDGET. AT THAT TIME
AFTER A 2-MONTH ANALYSIS BY THE BUDGET TEAM, THE ECONOMY AND THE
SUPPORT FROM THE STATE WERE LOOKING DUBIOUS AT BEST. MY
CHALLENGE TO THOSE EMPLOYEES WAS TO BECOME PERSONALLY INVOLVED IN
THE BUDGET -- TO WORK COLLECTIVELY TO HELP FIND A WAY TO ADDRESS
THE ADDITIONAL $4 MILLION TO $6 MILLION WE PROJECTED WOULD BE
NEEDED TO BALANCE THE FISCAL 92/93 BUDGET.
ONCE EMPOWERED WITH THE CHALLENGE, THEY TOOK THE BALL
2
AND RAN. THE GROUP WAS ENLARGED TO OVER 50 EMPLOYEES SERVING ON
FIVE TEAMS LOOKING INTO (1) COST SAVINGS, (2) REVENUE ENHANCE-
MENTS, (3) THE ORGANIZATIONAL CULTURE, (4) CITY POLICIES AND
PROCEDURES, (5) AMD CITIZEN COMMUNICATION AND PRIORITIES.
A LITTLE MORE THAM A MONTH AGO THE BUDGET TEAM HEARD
THE RECOMMENDATIONS OF THOSE COMMITTEES, AND BEGAN APPLYING THEM
NOT ONLY TO THE BUDGET BUT TO THE WAY WE DO BUSINESS NOW AND IN
THE FUTURE. SEVERAL OF THEIR RECOMMENDATIONS YOU WILL SEE
INCLUDED IN THIS YEAR'S BUDGET. AND YET OTHERS WILL BE
IMPLEMENTED IN THE UPCOMING YEAR.
BUT WE DIDN'T STOP AT JUST EMPLOYEE INVOLVEMENT.
THROUGH THE CITIZEN COMMUNICATION AND PRIORITIES COMMITTEE WE
WORKED TO EDUCATE AND INVOLVE CITIZENS IN THE PROCESS. WE
CONDUCTED A STATISTICALLy VALID, RANDOM SAMPLE SURVEY ASKING
CITIZENS THEIR REACTION TO POSSIBLE SERVICE CHANGES, AS WELL AS
THEIR FUNDING AND TAX PRIORITIES. IN ADDITION, WE RECEIVED OVER
112 INFORMAL SURVEYS BACK FROM CITIZENS THAT WERE PRINTED IN THE
CITYSCENE CITIZEN NEWSLETTER AND 44 RESPONSES FROM CITY CHILDREN
AS THE RESULT OF A SURVEY IN KIDS WORLD,
CHILDREN.
3
A MONTHLY NEWSLETTER FOR
RATHER THAN GOVERNMENT TELLING THE CITIZENS WHAT SHOULD
BE DONE IN THE NEXT FISCAL YEAR, WE SOUGHT CITIZEN ADVICE AND
INPUT. AND I BELIEVE THE RESULT IS A BUDGET THAT IS RESPONSIVE
TO THOSE NEEDS.
WHEN WE BEGAN OUR BUDGET PROCESS WE
PRIORITIES:
(1)
(2)
(3)
IDENTIFIED FOUR
(4)
I'M PLEASED TO REPORT TO YOU THAT ALL OF THOSE GOALS
HAVE BEEN MET. AND WITH THE ADOPTION OF THE RECOMMENDED
SUPPLEMENTAL BUDGETS, AND SPECIFIC ITEMS IN THE GENERAL FUND
MAINTAIN SERVICES TO THE CITIZENS OF ROANOKE
PROVIDE A PAY RAISE FOR OUR CITY EMPLOYEES WHO
HAVE NOT BEEN GIVEN A PAY RAISE OVER THE PREVIOUS
18-24 MONTHS.
FULLY FUND ALL-DAY KINDERGARTEN AND THE SCHOOL
BUDGET
PROVIDE ADDITIONAL FUNDS FOR EQUIPMENT REPLACEMENT
4
BUDGET,
NEEDS.
SERVICES TO CITIZENS WILL BE TAILORED TO MEET CURRENT
SO HOW DID WE DO IT? WE STARTED BY REDUCING
EXPENDITURES IN CITY DEPARTMENTS BY $1~6 MILLION. THAT INCLUDES
THE ELIMINATION OF 33 FULL TIME EQUIVALENT POSITIONS. I DON'T
WANT TO SKIP OVER THE POSITIONS THAT WERE ELIMINATED, BECAUSE IN
EACH DEPARTMENT WITH A FROZEN OR VACANT POSITION, EMPLOYEES IN
THOSE AREAS HAVE BEEN GIVING 110 PERCENT TO FILL IN AND TAKE ON
THE EXTRA RESPONSIBILITIES.
IN ADDITION, AS A RESULT OF THE VOLUNTARY RETIREMENT
INCENTIVE PROGRAM AND A MODIFIED EMPLOYEE HIRING PROCESS, WE HAVE
BEEN ABLE TO REDUCE THE AMOUNT SPENT ON SALARIES AND ASSOCIATED
BENEFITS.
THE COMBINED SAVINGS FROM THE ELIMINATION OF THE 33
FULL TIME EQUIVALENT POSITIONS AND THE REDUCTIONS IN THE SALARY
BASE ARE APPROXIMATELY $1 MILLION.
AT THE STATE LEVEL, THE STATE RESTORED MUCH OF ITS
PREVIOUS CUTS IN EDUCATION, WHICH ALONG WITH MATCHING FUNDS IN
5
AREAS LIKE SOCIAL SERVICES, BROUGHT NEARLY $3.8 MILLION IN NEW
STATE REVENUE. MORE THAN 2/3 FOR EDUCATION.
AT THE LOCAL LEVEL, WE'RE SEEING THAT THE ECONOMY HAS
BEGUN A MODEST UPWARD TREND, AS LOCAL TAX REVENUE WILL INCREASE
$3.9 MILLION.
CLEARLY, THE DIRECTOR OF FINANCE CAN GIVE YOU A MUCH
BETTER PICTURE OF WHERE THE REVENUES ARE COMING FROM IN THE NEXT
YEAR. BUT OVERALL, THIS YEAR'S BUDGET INCREASE OF 4.4 PERCENT IS
MUCH IMPROVED OVER LAST YEAR'S 4/100'S PERCENT INCREASE. YET, WE
ARE STILL 1.8 PERCENT, OR $2.7 MILLION SHORT OF THE CITY'S
AVERAGE INCREASE OF 6.2 PERCENT.
THE BOTTOM LINE IS AN ADDITIONAL $6.69 MILLION FOR THE
93 BUDGET, WITH $3.5 MILLION GOING TO THE SCHOOLS, AND $3.19 TO
ALL OTHER LOCAL GOVERNMENT EXPENDITURES.
I RECOMMEND WE USE THOSE FUNDS IN THE FOLLOWING KEY
AREAS:
* $2.8 MILLION FOR AN EMPLOYEE PAY RAISE. THIS WILL
INCREASE EXISTING PAY GRADE MARKET RATES BY 3.5 PERCENT
6
AND CHANGE THE WIDTH OF PAY GRADES AS WELL. IT WILL
PROVIDE A 3 PERCENT EMPLOYEE PAY ~AISE, AND MOVE ALL
EMPLOYEES' PERFORMANCE REVIEW DATES TO JULY 1.
IT WILL ALSO ADDRESS THE PROBLEMS WITH EMPLOYEE
COMPRESSION NEAR THE PAY RANGE MINIMUM. EMPLOYEES WITH
SEVEN YEARS OR MORE OF SERVICE IN THE SAME JOB
CLASSIFICATION, WHO-ARE STILL BELOW THE MARKET RATE OF
THEIR PAY RANGE AFTER THE 3 PERCENT RAISE, WILL BE
MOVED TO THE MARKET RATE. LIKEWISE, AN EMPLOYEE WITH
FOUR YEARS OF SERVICE IN THE SAME JOB CLASSIFICATION
WOULD BE MOVED 4/7 OF THE WAY TO THE MARKET RATE.
IN SIMPLE TERMS, THE GOAL IS TO RECOGNIZE THAT
EMPLOYEES WHO HAVE SERVED SEVEN YEARS IN A PARTICULAR
JOB SHOULD BE FULLY CAPABLE OF MEETING THE DEMANDS OF
THE JOB WITHIN SEVEN YEARS. THIS PLAN WILL RECOGNIZE
THOSE EFFORTS BY MOVING THOSE INDIVIDUALS TO THE MARKET
RATE WHICH IS REPRESENTATIVE OF THE PAY OF A FULLY
FUNCTIONING EMPLOYEE.
THE CITY HAS ALSO ALLOCATED MORE THA~N HALF A
MILLION DOLLARS TO COVER THE CITY'S SHARE FOR AN
ANTICIPATED INCREASE IN THE COST OF EMPLOYEE HEALTH
INSURANCE. LET ME POINT OUT THAT IN PAY AND HEALTH
INSURANCE WE WILL HAVE EXCEEDED ALL NEW REVENUE.
FUNDING IN SOCIAL SERVICES AID WILL BE INCREASED BY
$1.1 MILLION, WHICH'WILL RESULT IN A LOCAL SHARE
INCREASE OF $156,000. THIS FUNDING IS CRITICAL TO
ADDRESS SOCIAL SERVICES FOR CHILDREN INCLUDING DAY
CARE, FOSTER CARE AND SPECIAL NEEDS ADOPTION.
AS PART OF A MULTI-YEAR INITIATIVE TO INCREASE BUDGETED
EQUIPMENT REPLACEMENT FUNDING, I RECOMMEND WE ADD AN
ADDITIONAL $400,000 TO THE $600,000 ALREADY BUDGETED
FOR EQUIPMENT REPLACEMENT. A RECENT STUDY OF OUR
VEHICULAR FLEET REQUIREMENTS AND REPLACEMENT SCHEDULES
INDICATES WE SHOULD BE SPENDING $2.5 MILLION EACH YEAR
(EXCLUDING SCHOOL VEHICLES) TO ADEQUATELY PROVIDE FOR
THE TIMELY AND COST-EFFECTIVE REPLACEMENT OF FLEET
VEHICLES AND EQUIPMENT. THIS $1 MILLION ALLOCATION IS
A STEP IN THE RIGHT DIRECTION.
CITY COUNCIL IN THE CURRENT YEAR APPROVED THE ADDITION
OF 10 DEPUTY SHERIFFS AND ONE PARAMEDIC IN THE JAIL, AS
WELL AS SIX EMPLOYEES IN SOCIAL SERVICES. THOSE
POSITIONS ARE INCLUDED IN THE PROPOSED BUDGET. IN
ADDITION, 3 FULL TIME EQUIVALENT POSITIONS ARE BEING
REALLOCATED INCLUDING TWO 9-1-1 DISPATCHERS TO F2%NDLE
THE RISING NUMBER OF CALLS FOR SERVICE AND A SECRETARY
IN THE CRIMINAL INVESTIGATIONS DIVISION OF THE POLICE
DEPARTMENT. WE ALSO HAVE CONVERTED TWO FULL TIME
TEMPORARY SECRETARIAL POSITIONS TO FULL TIME PERMANENT
POSITIONS IN PERSONNEL MANAGEMENT AND RISK MANAGEMENT
TO MINIMIZE TURNOVER AND RETRAINING OF NEW EMPLOYEES.
IN RESPONSE TO THE STRONG CALL FROM CITIZENS TO
INCREASE OUR EFFORTS TO FIND CITIZENS WHO DO NOT PAY
THEIR TAXES, AN UNFUNDED POSITION WILL BE RECLASSIFIED
TO TAX COMPLIANCE AUDITOR TO ADDRESS BUSINESS,
PROFESSIONAL AND OCCUPATIONAL LICENSES, AND BUSINESS
PERSONAL PROPERTY TAXES. IN THE SAME REGARD, THE
BUDGET RECOMMENDS $50,000 FUNDING TO PAY FOR EXPENSES
NECESSARY TO ENHANCE THE DELINQUENT TAX COLLECTION
PROCESS.
IN THE AREA OF CONTRIBUTIONS AND SUBSIDIES, WE ARE
TAKING SEVERAL IMPORTANT PROGRAMS THAT HAVE BEEN FUNDED
FROM THE CONTINGENCY RESERVE ACCOUNT AND MAKING THEM A
PART OF THE REGULAR BUDGET. THESE INCLUDE $40,000 FOR
THE TRANSITIONAL LIVING CENTER, $30,000 FOR THE
COMMONWEALTH GAMES, AND $22,000 FOR PARTIAL FUNDING OF
A SCHOOL HEALTH NURSE SUPERVISOR. THE CONTINGENCY
RESERVE ACCOUNT HAS BEEN REDUCED ACCORDINGLY. AND IN
OPERATING EXPENDITUREs, WE'RE MEETING INCREASING
UTILITY AND FOOD COSTS, AS WELL AS ADDRESSING NEW
FEDERAL AND STATE MANDATES ON EMPLOYEE HEALTH ISSUES.
IN THIS YEAR'S BUDGET WE WILL REALIZE LOWER DEBT
SERVICE COSTS, THE SAVINGS FROM WHICH WILL BE USED FOR
10
CRITICAL NEEDS SUCH AS START UP COSTS FOR THE HOTEL
ROANOKE CONFERENCE CENTER, AND PRIORITY BRIDGE
MAINTENANCE. THIS IS BEING DONE TO PROTECT THE FUNDING
LEVEL FOR DEBT SERVICE WHICH IS SCHEDULED TO INCREASE
IN 1993/94.
AND LASTLY, WE WILL CREATE AN ENTERPRISE FUND FOR THE
CITY NURSING HOME TO BETTER ACCOMMODATE ACCOUNTING
REQUIREMENTS REQUIRED BY THE COMMONWEALTH.
THE GOOD NEWS IS, WE HAVE REACHED OUR FOUR GOALS AND
ADDRESSED THE MOST CRITICAL EXPENDITURES. BUT AT THE SAME TIME,
WE HAVE TO STOP AND ASK OURSELVES "WHAT HAVE WE DONE FOR CITIZENS
THAT WILL MAKE A LONG TERM DIFFERENCE IN THIS COMMUNITY?"
I WOULDN'T FEEL COMFORTABLE BRINGING YOU THIS BUDGET
TODAY WITHOUT ANSWERING THAT QUESTION. TO THAT END, I HAVE
INCLUDED $627,527 IN SUPPLEMENTAL BUDGETS THAT I RECOMMEND FOR
FUNDING. AND I'D LIKE TO TELL YOU WHY I BELIEVE THEY ARE CRUCIAL
TO ROANOKE.
11
IN THIS YEAR'S BUDGET, I AM RECOMMENDING A $300,000
INCREASE IN CITY FUNDING FOR THE ROANOKE VALLEY CONVENTION AND
VISITORS BUREAU, WHICH WOULD BRING THE CITY'S TOTAL SUPPORT FOR
THE BUREAU TO $510,000. FUNDING FOR THIS INCREASE IS RECOMMENDED
TO COME FROM A ONE CENT INCREASE PER PACK IN THE CIGARETTE TAX,
AND A ONE PERCENT INCREASE IN THE TRANSIENT LODGING TAX FROM 4
PERCENT TO 5 PERCENT.
I HAVE RECENTLY HAD THE OPPORTUNITY TO MEET INDIVIDUAL-
LY WITH MANY OF OUR CITY HOTEL\MOTEL OPERATORS, AS WELL AS
MEMBERS OF THE CONVENTION AND VISITORS BUREAU BOARD. I BELIEVE
THEY HAVE A CLEAR UNDERSTANDING OF THIS ISSUE AND AGREE WITH THE
NEED TO INCREASE THE CITY'S SUPPORT OF THE SELLING AND PROMOTING
OF BOTH THE PLANNED CONFERENCE CENTER AND DOING A MORE AGGESSIVE
JOB OF BOOKING CONVENTIONS.
I KNOW YOU'VE HEARD MANY STATISTICS ABOUT HOW FAR WE
LAG BEHIND MANY OTHER CITIES IN OUR WORK TO ATTRACT CONVENTIONS
AND UISITORS. BUT SECRETARY OF ECONOMIC DEVELOPMENT LARRY FRAMME
LAST WEEK SHARED SOME NUMBERS THAT WERE NEW TO ME ON THE
12
POTENTIAL WE HAVE FOR ATTRACTING VISITORS.
EVERY DAY THERE ARE 27,215 CARS ON INTERSTATE 81 AND
5,606 CARS PER DAY ON THE BLUE RIDGE PARKWAY. THAT EQUATES TO 12
MILLION CARS PER YEAR OR OVER 33 MILLION TRAVELERS.
AND IF WE COULD ATTRACT EVEN HALF OF THOSE TRAVELERS
INTO ROANOKE, THE TOTAL POTENTIAL AUDIENCE TO BE CAPTURED BY THE
CITY FROM THESE TWO TRANSPORTATION ROUTES IS OVER 16 MILLION
VISITORS ANNUALLY. LET ME REPEAT THAT. SIXTEEN MILLION VISITORS
ANNUALLY! THESE ARE INDIVIDUALS GOING RIGHT BY OUR COMMUNITY --
AND THEY REPRESENT A VALUABLE SOURCE OF REVENUE TO ROANOKE. BUT
WE MUST FIND A WAY TO PULL THEM INTO THE CITY.
LIKEWISE, IN THE CONVENTION INDUSTRY, PROFESSIONALS
KNOW THAT IT TAKES OVER 50 SALES CALLS TO SECURE ONE CONVENTION.
THAT'S A TIME INTENSIVE EFFORT, AND QUITE SIMPLY WE NEED TO
ADDRESS IT MORE VIGOROUSLY. THIS RECOMMENDATION WOULD ALLOW US
TO DO THAT.
AND WHAT WILL THOSE INCREASED CONVENTIONS AND VISITORS
REPRESENT? THEY REPRESENT SALES TAX, MEALS TAX, ADMISSIONS TAX,
13
LODGING TAX, A BOOST TO LOCAL BUSINESSES, AND A REVENUE SOURCE TO
THE CITY THAT HELPS RELIEVE THE TAX BURDEN ON THE LOCAL CITIZENS
AND BUSINESSES.
THE OTHER SUPPLEMENTAL RECOMMENDATION TODAY, IS FOR
THE CREATION OF A SECOND CO~4MUNITY ORIENTED POLICING TEAM, WHICH
WOULD BE FUNDED BY A 3 CENT INCREASE IN THE CIGARETTE TAX.
I DON'T THINK ONE OF US IN THIS ROOM WOULD ARGUE THE
FACT THAT ABOVE ALL GOVERNMENT IS THERE TO ADDRESS PUBLIC HEALTH,
PUBLIC EDUCATION, PUBLIC SAFETY AND PUBLIC WELFARE. AND WE HAVE
AN INHERENT BELIEF THAT CITIZENS IN OUR COMMUNITY SHOULD NOT HAVE
TO SLEEP ON THE FLOOR TO AVOID BEING HIT BY A STRAY BULLET SHOT
DURING A DRUG DISPUTE. WE HAVE AN INHERENT BELIEF THAT CITIZENS
SHOULD NOT HAVE TO SEE THEIR FRONT YARD BECOME THE HANG OUT FOR
LOCAL DRUG DEALERS. AND WE BELIEVE THAT THOSE PROBLEMS AND MANY
MORE CAN BEGIN TO BE ADDRESSED THROUGH A NEW CONCEPT IN POLICING
CALLED COMMUNITY ORIENTED POLICING.
BUT THE FACTS SPEAK LOUDER THAN WORDS. WHEN THE CITY'S
14
COPE TEAM FIRST BEGAN WORKING IN THE LINCOLN TERRACE/HUNT AVENUE
AREA LAST YEAR, THE OFFICERS CONDUCTED A SURVEY OF RESIDENTS.
AFTER THREE MONTHS IN THE AREA, THEY CONDUCTED A FOLLOW UP
SURVEY.
THE FOLLOW-UP SURVEY SHOWED THAT THE NEIGHBORS CONCERNS
OVER DRUGS AND DRUG RELATED PROBLEMS HAD REDUCED BY 40 PERCENT.
THAT THEIR FEAR OF BEING A VICTIM OF CRIME HAD REDUCED BY 30
PERCENT AND THEIR FEAR OF GOING OUT AT NIGHT BY 54 PERCENT.
THEIR BELIEF THAT THEIR NEIGHBORHOOD WAS A HIGH CRIME AREA WAS
REDUCED BY 40 PERCENT AND THE BELIEF THAT CRIME WAS AT ITS
HIGHEST LEVEL EVER IN THE NEIGHBORHOOD WAS REDUCED BY 54 PERCENT.
THAT'S AFTER 3 MONTHS.
EQUALLY TELLING WERE POLICE DEPARTMENT STATISTICS.
WHEN COMPARING THOSE THREE MONTHS THE COPE TEAM HAD BEEN IN
LINCOLN TERRACE TO THE SAME THREE MONTHS IN THE PREVIOUS YEAR,
THEY FOUND THE TOTAL NUMBER OF CALLS FOR POLICE HAD BEEN REDUCED
BY 50 PERCENT. AND THOSE CALLS WHERE PEOPLE WERE CALLING OUT OF
FEAR OR ANTICIPATION OF PROBLEMS, WERE DOWN BY 74 PERCENT.
15
CALLS REGARDING DUPREE STREET INSIDE LINCOLN TERRACE,
WHICH WAS ONE OF THE HIGHEST CALL AREAS, WERE DOWN 85 PERCENT.
THE STATISTICS AND THE RESIDENTS' COMMENTS SHOW THE
DRAMATIC IMPACT THAT THE COPE TEAM AND RESIDENTS HAVE BROUGHT
ABOUT BY WORKING TOGETHER.
AND NOW, WITH THE CURRENT COPE TEAM'S EXPANSION INTO
THE HURT PARK AREA, WE'RE SEE-lNG THE SAME KIND OF POSITIVE
RESULTS.
AND THE COPE TEAM IS NOT ONLY ABOUT ADDRESSING CRIME,
BUT BUILDING RELATIONSHIPS BETWEEN POLICE OFFICERS, CITY DEPART-
MENTS AND CITIZENS. TOGETHER COPE OFFICERS AND NEIGHBORS HAVE
CONDUCTED CLEAN UP EFFORTS, SPRUCED UP RECREATION AREAS, PLANTED
TREES AND SIMPLY SPENT TIME GETTING TO KNOW ONE ANOTHER.
YES, IT'S WORKING. BUT ONE 8 MEMBER TEAM AND A
SUPERVISOR CANNOT BE SPREAD FURTHER WITHOUT LOSING THE GAINS MADE
TO DATE. YOU'VE HEARD AT CITY COUNCIL MEETINGS FROM RESIDENTS
IN OTHER AREAS OF THE CITY WITH CONCERNS THAT ARE EQUALLY
IMPORTANT. AND TO ADDRESS THEM IN A SPECIFIC WAY, WE NEED A
16
SECOND COPE TEAM.
IT WILL REQUIRE ABOUT 6-8 MONTHS TO RECRUIT, EMPLOY AND
TRAIN THESE NEW POLICE OFFICERES, WHICH WILL ENABLE THE FORMATION
OF THE NEW COPE TEAM. I URGE COUNCIL, ASSUMING YOU ARE GOING TO
SUPPORT THIS RECOMENDATION, TO GIVE ME AN IMMEDIATE INDICATION OF
YOUR SUPPORT. IN ORDER TO HAVE A SECOND TEAM ON THE STREETS IN
THE SHORTEST AMOUNT OF TIME POSSIBLE.
ROANOKE MAY NOT BE ABLE TO TOTALLY ELIMINATE DRUG ABUSE
AND THE RESULTING CRIMINAL ACTIVITY, BUT THAT DOESN'T MEAN WE
SHOULDN'T TRY. WE CAN MAKE IT EXTREMELY DIFFICULT FOR THOSE
CRIMINALS TO DO BUSINESS IN ROANOKE AND WE CAN BE RESPONSIVE TO
THE NEEDS OF OUR CITIZENS TO LIVE IN A SAFE AND SECURE ENVIRON-
MENT. AND I WOULD HASTEN TO REMIND YOU THAT THE COPE TEAM IS
JUST ONE PART OF THE EXTENSIVE EFFORTS OF THE MEMBERS OF THE
ROANOKE CITY POLICE DEPARTMENT, ALL OF WHOM, ALONG WITH OTHER
CITY DEPARTMENTS, ARE COMMITTED TO THE CAUSE OF PUBLIC SAFETY.
IN CONCLUSION, I'D LIKE TO SHARE A STORY TRAT I BELIEVE
SHOWS THE DIFFERENCE ROANOKE IS MAKING IN THE LIVES OF ITS
17
CITIZENS.
WHEN THE COPE TEAM EXPANDED INTO THE HURT PARK AREA,
THEY KNEW THAT THE CORNER OF 13TH STREET AND RORER AVENUE WOULD
BE THEIR TOUGHEST PROBLEM TO DATE. AT THAT CORNER WAS AN OPEN
AIR DRUG MARKET THAT ATTRACTED 40 PLUS PEOPLE EVERY EVENING. AND
THE GROUP REMAINED ON THE SITE INTO THE EARLY HOURS OF THE NEXT
MORNING. IN THE SAME BLOCK, A GROUP OF 20 PLUS INDIVIDUALS
GATHERED EVERY NIGHT TO DRINK ALCOHOL. YOU CAN GUESS THE RESULTS
-- THERE WAS LOUD MUSIC, DISORDERS, LITTERING, CRIMINAL ACTS, AND
THE ACCOSTING OF PEOPLE COMING DOWN THE STREET.
IMAGINE THIS TAKING PLACE IN FRONT OF YOUR HOME!
OUR COPE TEAN SURVEYED THE AREA RESIDENTS AND IDENTI-
FIED THE PROBLEMS AND MAIN CULPRITS INVOLVED. AND IN NOVEMBER OF
LAST YEAR THEY BEGAN A HIGH VISIBILITY CAMPAIGN WHERE A~P~ONE ON
THAT STREET VIOLATING ANY LAW, FROM DRUG DEALING TO LITTERING,
WAS ARRESTED. THEY WORKED WITH THE LANDLORD AND TENANTS OF ONE
KEY PROPERTY TO KEEP ANY GUESTS INSIDE THE RESIDENCE, AND THEY
WORKED WITH THE HOMEOWNERS TO BEGIN TO PROVIDE THEM WITH A
18
RESTORED SENSE OF SAFETY AND SECURITY.
LAST WEEK, YOU HEARD ONE OF THE RESIDENTS OF THAT
SPECIFIC AREA TELL YOU THE RESULTS. MR. HEN HEARD CAME TO THE
LAST CITY COUNCIL MEETING TO THANK THE CITY FOR THE COPE TEAM.
HE SAID FOR THE FIRST TIME IN 13 YEARS, THE CORNER WHERE HE LIVES
AT 13TH AND RORER, IS DRUG FREE.
THAT KIND OF STORY IS WHAT THIS BUDGET IS ALL ABOUT.
IT IS ABOUT LIVING UP TO OUR COMMITMENTS, MAINTAINING AND
EXPANDING SERVICES TO CITIZENS, ADDRESSING THE NEEDS OF CITY
EMPLOYEES AND PLANNING FOR THE LONG TERM HEALTH OF CITY
GOVERNMENT AND THE COMMUNITY. TOGETHER THE PROGRAMS AND SERVICES
PRESENTED IN THIS PROPOSED BUDGET WILL GO A LONG WAY TOWARDS OUR
CONTINUED MISSION TO MAKE ROANOKE THE BEST PLACE TO LIVE AND WORK
IN THE SOUTH.
I WOULD BE HAppy TO ANSWER ANY QUESTIONS YOU MIGHT
HAVE.
- 30
REVENUE SUMMARY
REPLACEMENT
GENERALFUND
General Property Taxes
Other Local Taxes
Permits, Fees & Ucenses
Fines & Forfeitures
Revenue from Use of Money & Property
Intergovernmental Revenue- City
Administration
Intergovernmental Revenue- Schools
Administration
Intergovernmental Revenue- Federal
Charges for Current Services
TOTAL - GENERAL FUND
ENTERPRISE FUNDS
Civic Center Fund
Internal Service Fund
Nursing Home Fund
Sewage Treatment Fund
Transportation Fund
Water Fund
ADOPTED
BUDGET
FY1991-92
$ 49,932,300
38,694,556
471,000
655,000
909,000
23, 953,143
32,348,716
27,000
5,098,307
$152,090,022
$ 1,693,666
7,454,008
6,969,000
1,677,268
4,528,419
RECOM,
BUDGET
FY1992-93
$ 53,308,845
39,255,806
523,250
593,000
827,652
25,251,902
34,728,522
33,7O6
4,257,723
$158,780,406
$ 1,731,400
8,464,678
1,473,463
6,819,000
2,174,121
7,465,487
DOLLAR
INCREASE
(DECREASE)
$ 3,376,545
561,250
52,25O
(63,000)
(81,348)
1,298,759
2,379,806
6,706
(840,584)
$ 6,690,384
$ 37,734
1,010,670
1,473,463
(150,000)
496,653
2,937,068
* Nursing Home Fund is newly created for Fiscal Year 1992-93.
Revenue Category Percentages
for Fiscal Year 1992.93
57
REPLACEMENT
61
62
REPLACEMENT
63
REPLACEMENT
65
EXPENDITURE SUMMARY
REPLACEMENT
GENERALFUND
Community Development
Education
General Government Administration
Health & Welfare
Judidal Administration
Non-Depatmental
Parks, Recreation & Cultural
Public Safely
Public Works
TOTAL- GENERAL FUND
ENTERPRISE FUNDS
Civic Center Fund
Internal Service Fund
Nursing Home Fund
Sewage Treatment Fund
Transportation Fund
Water Fund
ADOPTED
BUDGET
FY1991-92
$ 814,324
64,300,458
8,445,086
13,965,421
3,235,919
11,973, 208
3,993,041
27, 507,181
17, 855, 384
$152,090,022
$ 2,061,730
7,360,372
6,969,00O
1,779,813
4,889,790
RECOM.
BUDGET
FY1992-93
$ 811,433
67,800,155
8,646,998
14,076,273
3,226,522
14,654,248
4,061,698
27,788,364
17~814~715
$158,780,406
$ 2,099,464
8,402,282
1,525, 907
6,819,000
2,163, 860
7,465,487
DOLLAR
INCREASE
(DECREASE)
S (2,891)
3,499,697
101,912
110,652
(9,397)
2,681,040
68,657
281,183
(40,669)
$ 6,690,384
$ 37,734
1,041,910
1,525,907
(150,000)
384,047
2,575,697
* Nursing Home Fund is newly created by Fiscal Year 1992-93.
~re Categoflf Pertm~a~a
for ~ Yea~ lgg2-93
REPLACEMENT
73
REPLACEMENT
77
78
SECTION SUMMARY - HEALTH AND WELFARE
REPLACEMENT
HEALTH AND WELFARE
PAGE
ADOPTED RECOM. DOLLAR PERCENTAGE NET
BUDGET* BUDGET INCREASE INCREASE CITY
1991-92 1992-93 (DECREAS~ (DECREAS~ BUDGET*
Citizens ServicesCommittes 123 $ 285,000 $ 279,685 ${5,315) (1.86%) $ 279,685
Health Depa,'lment 124 1,023,055 1,038,156 15,101 1.48% 1,038,156
Hospitalization Program 125 111,442 68,650 (42,792) (38.40%) 68,650
Mental Health 126 308,588 315,252 8,864 2.83% 315,252
Nursing Home 201 1,244,153 -0- (1,244,153) (100.00%) -0-
Social Sewices:
Administration 128 449,074 453,426 4,352 0.97% 85,416
Employment Services 131 576,370 631,350 54,980 9.54% -0-
Income Maintenance 129 3,677,991 3,688,812 10,821 0.29% 890,950
Services 130 6,149,800 7,417,032 1,267,232 206.06% 1,463,760
Total Action Against Poverty 132 141,948 163,910 41,962 29.56% 183,910
TOTAL - HEALTH AND WELFARE
$13,965,421 $14,076,273 $110,852 0.79% $4,345,779
* Local funde only. Reimburesmente received for Operational expenses from State and Federal governments have
been excluded.
Office of the City Clerk
April 23, 1992
File #60-236-200
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report recommending that Council schedule a public hearing on the proposed
1992-93 Community Development Block Grant Program, was before the Council of the
City of Roanoke at a regular meeting held on Monday, April 20, 1992.
On motion, duly seconded and unanimously adopted, Council concurred in the
recommendation and scheduled a public hearing for Monday, May 11, 1992, at
7:30 p.m., or as soon thereafter as the matter may be heard.
g-~.~--~.~.~Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
pc:
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director, Public Works
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Milier, Building Commissioner/Zoning Administrator
Mr. John R. Marlles, Chief, Community Planning
Mr. Brian J. Wishneff, Chief, Economic Development
Mr. James D. Ritchie, Director, Human Resources
Ms. Marie T. Pontius, Grants Monitoring Administrator
Room 456 Municipal Building 215 Chumh Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541
NOTICE OF PUBLIC HEARING
BEFORE THE
ROANOKE CITY COUNCIL
The Roanoke City Council will hold a public hearing on Monday,
May 11, 1992, at 7:30 p.m. or as soon thereafter as the matter may be
heard, in the City Council Chambers, fourth floor of the Municipal
Building, in order to consider the proposed Fiscal Year 1992-1993
Community Development Block Grant budget and Statement of Objectives
to the United States Department of Housing and Urban Development
(HUD) for funding of such budget.
On May 13, 1992, the City of Roanoke will submit to HUD, the
City's Statement of Community Development Objectives for fiscal year
July 1, 1992 through June 30, 1993. Public meetings were held on
January 16, 1992 and April 14, 1992 to receive citizen comments on
the proposed objectives.
Of the $1,650,561 CDBG funds available for projects in the FY
1992-1993 budget, $1,283,811 or 78% will fund activities to benefit
low and moderate income persons or low and moderate income
neighborhoods.
More details of the proposed activities and budgets are
available in the City Clerk's Office, Room 456, the Office of Grants
Compliance, Room 362, 215 Church Avenue, Roanoke, phone 981-2141 or
TDD 981-1580; the Roanoke Redevelopment and Housing Authority and at
all City of Roanoke Public Libraries.
Given under my hand this 27th day of April 1992, Mary F. Parker,
City Clerk.
Display ad to run in the Roanoke Tribune on Thursday, April 30, 1992.
Bill to:
Office of Grants Compliance
Room 362, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Roanoke, Virginia
'92 ~?~ id..'~.~ .~._? April 20, 1992
Honorable Mayor and Members of Council
Roanoke, Virginia
Dear Members of Council:
Subject: Request for Public Hearing On Proposed 1992-1993
Community Development Block Grant Program
Background:
A. City of Roanoke receives an annual entitlement from the
U.S. Department of Housing and Urban Development (HUD)
in the form of a Community Development Block Grant
(CDBG).
HUD representatives informed City staff that Roanoke's
CDBG entitlement will be $1,899,000 for the City's
fiscal year 1992-1993, an increase of $132,000 over FY
92 funding. Additionally, revenue is estimated to be
available from the following sources for FY 93:
$538,000 estimated program income generated from
prior CDBG programs, and
$117,556 transferred from prior grant entitlement
years.
Two public meetings have been held to hear citizens'
recommendations, on January 16, 1992 and April 14, 1992.
II. Current Situation:
Council will be briefed by City Manager on May 4, 1992
at regularly scheduled City Council meeting, on
recommended activities for the FY 1992-1993 CDBG
program.
Citizen participation requirements call for an evening
public hearing by City Council prior to submission of
CDBG Statement of Objectives (application) to HUD.
City is required by HUD to publish Draft Statement of
Objectives in newspaper. A summary version will
appear in the Neighbors section of The Roanoke Times and
World News on Thursday April 30, 1992.
III. Recommendation:
Recommend City Council schedule Community Development Block
Grant public hearing on May 11, 1992, at 7:30 p.m. in Council
Chambers.
WRH:mtp
CC.
Respectfully submitted,
W. Robert Herbert
City Manager
City Attorney
Director of Finance
Director of Public Works
Director of Human Resources
Chief of Economic Development
Chief of Community Planning
City Engineer
Building Commissioner
Grants Monitoring Administrator
F:HEARING.RPT
'92
Office of ~e Ci~ Manager
April 14, 1992
Honorable Mayor Noel C. Taylor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Mayor Taylor and Members of Council:
Subject: Proposed Community Development Block Grant (CDBG)
Program and Budget for FY 92-93
I am pleased to transmit to you a copy of my proposed CDBG
budget and program for fiscal year 1993.
The proposed program and budget is the by-product of citizen
involvement which was obtained at a workshop held on January 16.
At this workshop, city residents raised various issues concerning
their neighborhoods and made suggestions as to how the CDBG
program could be of assistance. Each issue and project proposal
was considered by a staff review committee. An important part of
the committee's review process was the actual interviewing of
those who submitted proposals to ensure that we understood the
issues and to give an additional opportunity for input. The
review committee then recommended a program and budget to me
which, in their estimation, would have the greatest impact on the
issues raised by the citizens who attended the January 16
workshop. In terms of process, the proposed program and budget
will be presented at an administrative public hearing this evening
Tuesday, April 14, at 7:30 p.m., at the First Baptist Church,
North Jefferson Street.
On May 4, 1992, I intend to brief City Council regarding the
proposed program and budget. On May 11, 1992, City Council will
hold a public hearing and be asked to authorize the submission of
the program and budget to the appropriate HUD officials. Knowing
Council's interest in this program (given its direct impact on our
low to moderate income neighborhoods), I wanted you to have a copy
of my proposal well in advance of your May 4 meeting.
Marie Pontius, Grants Monitoring Administrator, will be
contacting each of you during the week of April 27 to respond to
any questions that you might have and/or to arrange individual
Room 364 Municipal Building 215 Church Avenue, S W Roanoke Virginia 24011 (703) 981-2333
briefings, if you so desire. If you should have questions or
comments prior to being contacted by Ms. Pontius, please feel free
to contact her at 981-2141.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/mtp
CC:
Mrs. Mary F. Parker, City Clerk
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. Barry L. Key, Manager, Office of Management & Budget
Ms. Marie T. Pontius, Grants Monitoring Administrator
Office of the City Clerk
April 22, 1992
File #236-178-2
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30965-042092 approving the loan of Community
Development Block Grant (CDBG) funds to Ronaid Bowies, in connection with the
City's Home Purchase Assistance Program for property located at 523 Highland
Avenue, S. E., which loan shall not exceed $20,000.00; authorizing you to execute
documents providing for the assignment of certain options to Mr. Bowies;
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. 30965-042092 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, April 20, 1992.
Sincerely, ]~)~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
po:
Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and
Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017
Mr. Ronaid Bowies, 515 Highland Avenue, S. E., Roanoke, Virginia 24013
The Honorable Arthur B. Crush, III, Clerk of the Circuit Court
Mr. Wilburn C. DibHng, Jr., City Attorney
Room 456 Municipal Building 2'15 Church Avenue. S.W. Roanoke, Virginie 24011 (703) 981-2541
Mr. W. Robert Herbert
April 22, 1992
Page 2
pc:
Mr. Joel M. Schlanger, 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 Poliock, Housing Development Coordinator
Ms. Marie T. Pontius, Grants Monitoring Administrator
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 20th day of April, 1992.
No. 30965-042092.
VIRGINIA,
AN ORDINANCE approving the loan of Community Development Block
Grant (CDBG) funds to an individual in connection with the City's
Home Purchase Assistance Program, authorizing the City Manager to
execute documents approved as to form by the City Attorney
necessary to implement and administer the loans, including a
Construction Disbursement Agreement, authorizing the City Attorney
and Director of Finance to serve as trustees with regard to the
related deed of trust securing the notes for the loan, authorizing
the City Manager to execute a certificate of satisfaction upon full
payment and satisfaction of the loans, and authorizing recordation
by the City Attorney of the certificate of satisfaction in the
Office of the Clerk of the Circuit Court for the City of Roanoke;
and providing for an emergency.
WHEREAS, Council has previously approved the concept of the
Home Purchase Assistance Program in which the City will provide
loans for purchase, closing costs and additional property
rehabilitation from CDBG funds to low-moderate income households
agreeing to buy and repair certain identified substandard housing,
contingent upon approval by the Virginia Housing Development
Authority (VHDA) of State rehabilitation loans.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that:
1. The City Manager is hereby authorized to loan CDBG funds
in connection with the City's Home Purchase Assistance Program to
the individual identified in the City Manager's report dated April
20, 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 Ronald Bowles,
which loan amount shall not exceed $20,000.00 for the purchase
price, closing costs, attorney fees and rehabilitation of the
property at 523 Highland Avenue, S.E., in accordance with the
recommendations contained in the City Manager's report of April 20,
1992.
3. To secure payment of the loan of CDBG funds made under
the Home Purchase Assistance Program and performance by the loan
recipient, the recipient shall execute a deed of trust and deed of
trust note, which document shall be approved as to form by the City
Attorney.
4. Wilburn C. Dibling, Jr., City Attorney, and Joel M.
Schlanger, Director of Finance (hereinafter "Trustees"), are hereby
authorized to serve as Trustees for and on behalf of the City as
beneficiary.
5. Pursuant to S26-49, Code of Virginia (1950), as amended,
City Council reserves the right in its sole discretion for any
reason whatsoever to appoint a substitute trustee or trustees.
6. Upon payment or full satisfaction of the debt secured by
the deed of trust and delivery of the canceled deed of trust note
to the person or persons by whom it was paid, the City Manager
shall be authorized to execute a certificate of satisfaction upon
form prepared by the City Attorney, and the City Attorney shall be
authorized to file such certificate of satisfaction in the Office
of the Clerk of Circuit Court of the City of Roanoke.
municipal
ordinance
In order to provide for the usual daily operation of the
government, an emergency is deemed to exist, and this
shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
April 20, 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
I. Background
$220~000 from the Virginia Housing Partnership Fund's Local Housin,
Rehabilitation Loan Program, and $240,000 in Community Developme'ht
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 Commumt¥ Development (DHCD) and
Virginia Housing Development Authority (VHDA) jointly administer the
Local Housing Rehabilitation Loan Program on the State level.
VHDA provides loan approval and servicing for $25,000 maximum
rehabilitation loan/grants available to qualifying low-moderate
income households at 4% interest with 15 year terms.
Cit7 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
by City Council.
3. RRHA oversees the rehabilitation repairs to the properties.
II. Current Situation
Home Purchase Assistance Program Selection Committee, which is composed
of both RRHA and City staff, recommends approval of CDBG loan(s) as
outlined on Attachment A.
B. VHDA has notified the City of approval of State rehabilitation
loan(s)~ and Energy grant(s) for the low-moderate income household(s).
April 20, 1992
Page 2
City Council's approval to provide loan(s) ot 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. Cost to the City.
g. Effect on Housing Conditions.
C. Timing.
D. Administration.
IV. Alternatives
A. Approve CDBG loan(s) as outlined on Attachmen~ 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(s) and delivery of the cancelled Deed of
Trust Note(s) to the person or persons by whom it was paid, the City
Manager will execute Certificate(s) of Satisfaction upon such a form
prepared by the City Attorney, and the City Attorney shall file such
Certificate(s) ot Satisfaction in the Office of the Clerk of the Circuit
Court of the City ot Roanoke. Note(s) evidencing the loan(s) and the
Deed of Trust(s) (naming Joel M. Schlanger and Wilburn C. Dibling~ Jr. as
Trustees) securing the loan(s) to be approved as to form by the City
Attorney. (Attachment B)
Cost to the City will be $20,000 in CDBG loan(s) as outlined in
Attachment A. Funding is available in the Grant Fund in account
numbers 035-089-8920-5115, and 035-091-9120-5115. Funds will
revolve back to the City over a fifteen (15) year period with t~%
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 iow-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 CDBG loan(s) will
allow closing to be held as provided in agreement(s) between the
buyer(s) and seller(s) ot the properties.
April 20, 1992
Page 3
Do
Administration of the rehabilitation will be overseen by RRHA, as
provided for in the City's contract for services. Servicing of the
City's loans will be handled by Dominion Bankshares Mortgage
Corporation as provided for in existing Mortgage Loan Service
Agreement.
not approve CDBG loan(s).
Cost to the City can be recognized as lost opportunity cost, as
vacant~ deteriorating properties will probably not be rehabili-
tated and occupied by homeowners. 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 negative as vacant, substan-
dard properties probably will continue to deteriorate to the
detriment of surrounding properties and neighborhoods. Further,
home-ownership opportunities for low-moderate income households
will be lost.
Timing would require prompt notification to both the low-moderate
income purchaser(s) and the seller(s) that the sale cannot close.
Administration would not be an issue.
V. Recommendation:
Adopt Alternative A~ thereby approving COBG 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 full satisfaction of
the debt secured by the Deed of Trust(s) and delivery of the cancelled Deed of
Trust Note(s) to the person or persons by whom it was paid~ the City Manager
will execute Certificate(s) of Satisfaction upon such a form prepared by the
City Attorney, and the City Attorney shall file such Certificate(s) of
Satisfaction in the Office of the Clerk of the Circuit Court of the City of
Roanoke. Note(s) evidencing the loan(s) and the Deed of Trust(s) (naming Joel
Schlanger and Wilburn C. Dibling, Jr. as Trustees) securing the loan(s) to be
approved as to form by the City Attorney (Attachments B).
Respectfully submitted~
W. Robert Herbert
City Manager
April 20, 1992
Page ~
BC:rs(CR.62.I-CR.62.4)
Attachments
CC:
City Attorney
Director o~ Finance
Director of Public Works
Building Commissioner
Housing Development Coordinator
Grants Monitoring Administrator
Chief, Office o~ Billings and Collections
Director, RRHA
Attachment A
On this date, April 20, 1992. Roanoke City Council is hereby requested to
approve:
CDBG loan not to exceed $20,000 under the Home Purchase Assistance
Program to Ronald Bowies for the purchase and rehabilitation of 523
Highland Avenue~ SE~ Tax Parcell tt#021706.
PRO3ECT COSTS
Purchase Price
Rehabilitation Costs
Attorney's fees
Closing Costs
TOTAL PROJECT COSTS
$18,000.00
19~958.00
500.00
1~500.00
$39,958.00
PRO3ECT FUNDING (GRANTS & LOANS)
GRANTS:
Energy Conservation Grant
TOTAL GRANTS
$ 4,939.00
$ 4,939.00
LOANS:
State Rehabilitation Loan
CDBG Loan
TOTAL LOANS
TOTAL PRO3ECT FUNDING
$15,019.00
20~000.00
35~019.00
$39,958.00
BACKGROUND ON PROPERTY
City Assessment
Appraised Value (as is)
After rehab Appraised Value
$19,900.00
$20,000.00
$38,500.00
THIS IS A PURCHASE MONEY DEED OF TRUST
THIS DEED OF TRUST made as of the __ day of
by and between
(herein referred to as "Grantor") and Wilburn C. Dibling, Jr., of the City of
,19
Roanoke, Virginia, and Joel 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, ~/ITNESSETH: That for and in consideration of the provi-
sions of this Deed of Trust (herein referred to as "Deed") and of $1.00 cash in
hand paid and other valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Grantor does hereby grant and convey unto the
Trustees, with General Warranty of title, the real property described with par-
ticularity in Exhibit A, which is attached hereto, together with all buildings,
improvements, and fixtures now or hereafter erected thereon, including without
limitation all apparatus, equipment, fixtures or articles, used to supply heat,
gas, air conditioning, water, light, power, refrigeration, ventilation, or other
services, and all items of personal property and any other thing now or hereafter
therein or thereon used in connection with the real property including without
limitation screens, window shades, storm doors and windows, affixed floor
coverings, screen doors, venetian blinds, awnings, stoves and water heaters (all
of which are declared to be a part of said real property whether physically
attached thereto or not)l and also together with all rights, privileges, appur-
tenances, easements belonging or in any way appertaining thereto or otherwise
relating to the real property, as well as any unearned hazard insurance premium
with respect to such real property, all of which are hereby pledged, assigned,
transferred and set over unto the Trustees, whether now due or hereafter to become
due (all of such real property herein referred to as "Property")
IN TRUST, to secure to the City the performance and payment by
the Grantor of all present and future obligations arising out of the Note and
accompanying documents between Grantor and the City for an amount not to exceed
at any one time outstanding the pricipal sum of
($ ) 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 relerred 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 ali other respects be read and
construed with, and to such extent be deemed to incorporate by reference, the pro-
visions of Section 55-59, Code of Virginia (1950), as in force and effect on the
date of aknowledgement hereof, and shall include in short form provided in Section
55-60 of said Code the following ~rovisions:
Exemptions waived
Subject to all upon default
Renewals and extensions permitted
Insurance required dollars
Substitution of Trustee permitted
Any Trustee may act.
The parties hereto aknowledge that the Grantor has executed a
deed of trust note of even date (the "Note") payable to the City in the amount of
Dollars
($ ) and maturing on , 19 and evidencing a loan for the
purchase and/or rehabilitation of a single family residence intended for occupancy
by persons and families of low and moderate income. The Grantor desires to secure
to the City the payment of certain indebtednesses of the Grantor to the City and
the performance of certain covenants made by the Grantor to the City.
SECURED COVENANTS
The parties hereto do further covenant and agree as follows:
1. Title, Payment and Performance. Grantor hereby covenants that Grantor is
lawfully seized of an indefeasible estate in the Property in fee simole and has the
right to convey it; that Grantor will execute such further assurances of title as
may be requisite; that Grantor will pay punctually and promptly all of the said
indebtedness; and that no purchaser hereunder shall be required to look to the
application of the purchase money.
2. Maintenance of the Property. (i) Grantor shall promptly repair, restore or
rebuild any part of the Property that may become damaged or destroyed while subject
to the lien of this Deed; (ii) Grantor shall not commit or suffer waste of the
Property; (iii) Grantor shall not commit or suffer to be done or exist on or about
the Property any condition whereby the Property shall become less valuable; (iv)
without prior permission, Grantor shall not remove or demolish any part of the
Property; (v) Grantor shall comply with all applicable laws, ordinances, regula-
tion, covenants, conditions and restrictions affecting the Property, and not suffer
or permit any violations thereof.
3. Rents and Profits. Grantor hereby transfers, sets over and assigns to the
City all rents and profits of the Property from time to time accruing, whether under
leases or tenancies now existing or hereafter created, providing that the Grantor
reserves the right to receive and retain such rents and profits so long as the
Grantor is not in default hereunder.
4. 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 Jud ements Awards of Dama_~
Sett!emen~ ~---~_on. If the Property, or any part thereo~'~, be
condemned under the power o'-~--eminent domain, the ~roceeds
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 of Roanoke to be applied on account of the then full amount of
the indebtedness hereby secured. Grantor further transfers, sets over and assigns to
the City ali judgements, awards of damages, settlements and compensation made in con-
nection with or in lieu of (i) any damage to or destruction of the Property by
casualty, and (ii) any other injury or damages to the Property. The City is
authorized and empowered (but not required) to collect and receive any such sums
and is authorized to apply them in whole or in part to the reduction of the Secured
[ndebtednesses and/or to the performance of the Secured Covenants.
6. Default in Payment of indebtedness. Grantor agrees that if default be made
in the payment of the indebtedness or covenants hereby secured, the Trustees (i) may
take possession of the reai estate, or any part hereof, and lease in the name of and
for the account of Grantor, or in the name of and for the account of its then owner;
or (ii) may give notice of such default to the lessee of the Property in the event it
shall have been leased by the Grantor, and thereafter collect the rents from the
lessee. [n either of such events, the Trustees shall deduct from such rents all
costs of collection and administration and apply the net proceeds to the Secured
Indebdtedness. The Trustees are hereby empowered to bring in their names, or each of
them, or in the name of the owner of the Property, any suit or action they may deem
advisable for the enforcement of the provisions of this clause to the same extent as
if the Trustees were then lessor of the Property, but the Trustees shall be in no way
personally liable under any of the provisions of such lease or of this clause, and
shall not be personally liable to any person by virtue of their possession of the
Property or by virtue of their acting under any provision of this clause, except to
the extent of accounting for rents actually received by them hereunder. The rights
and remedies given under this clause are Jn addition to and not in lieu of those
given by law or by other clauses of this deed, and may be exercised without pred-
judice to such other rights and remedies.
7. Default and Payment of Taxes or Assessments. Grantor further agrees that in
the event of default, or Jn the payment of any taxes or assessments, the City
Roanoke may pay same, and all sums so advanced shall immediately attach as a lien
hereunder, and be payable on demand. Upon failure or inability faithfully and fully
to keep and perform any of the other conditions or covenants herein provided, then
upon any and every such default so made as aforesaid, it is expressly covenanted and
agreed by Grantor that the City of Roanoke may, after thirty days default, treat the
whole principal debt and interest thereon hereby secured as thereupon immediately
due and payable, and shall, in order to recover said principal debt or sumand
interest, have the right th'eh or thereafter at any time to sue thereon at law or in
equity, or to enforce payment thereof by means of any remedies or provisions in
this instrument contained, and these rights shall exist notwithstanding that, by
the terms of the note or notes hereby secured, they may not on their face be due.
8. Advertisement For Sale. [n the event of default occurring as described in
the preceding paragraph, then the Trustees, their successors or assigns, on being
requested to do so by the City of Roanoke, shall sell for cash the Property, after
first advertising the time, place and terms of sale once a week for two weeks in some
newspaper published in, or having a general circulation in, the county, city or town
wherein the Property lies, or by any method of advertisement that the Trustees may
deem advisable.
Page 3
9. Entry and Receivership. In the event of any default hereunder and irrespec-
tive of whether the City accelerates the maturity of all indebtednesses secured
hereby, the City may exercise the rights and remedies provided herein. [n addition,
in the event of such default, the City, upon the City's written demand to the
Trustees, or the Trustees, without notice, may enter upon and take possession of the
Property or any part thereof, and perform personally or by their agents any acts
which the City or the Trustees deem necessary or proper to operate, manage and con-
serve the Property and/or have a receiver appointed.
10. Postponement or Continuance of Sale. If at the time of the sale the said
Trustees, or the one acting, shall deem it best for any reason to postpone or con-
tinue said sale for one or more days, they or he may do so, in which event, notice of
such postponement or continuance shah be made in such manner as the Trustees, or the
one acting, may deem sufficient. It is further agreed that if the said property
shah 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 Jaw 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 Management. Until default in the payment of the
indebtedness hereby secured, or the breach of one or more of the covenants of the
note(s) evidencing the said indebtedness, or of this Deed of Trust, or the happening
of any event which would constitute a default under the terms hereof, Grantor shall
remain in quiet use, possession and management of the Property, and in enjoyment of
the income, revenue and profits therefrom, subject to the terms of this Deed.
13. Heirs~ Fxecutors~ Administrators~ Successors and Assigns. The covenants
contained herein shall bind, and the benefits and advantages shall inure to, the
respective heirs, executors, administrators, successors and assigns of the parties
hereto. Whenever used, the singular number or noun shah include the plural and the
plural the singular.
14. Sales and Transfers Prohibited. During the period that the Note, is
secured by this Deed, the Grantor will not, without the prior written consent of
the City, sell, assign, convey or transfer, nor suffer or permit any sale, assign-
ment, conveyance or transfer of all or any part of any interest in the Property or
any other security hereunder. Any permitted sale, conveyance or transfer shall be
on terms and conditions as the City shall prescribe. If all or any part of the
Property or interest therein is sold, transferred or leased by the Grantor, or he
contracts to sell, transfer or lease the same, without the prior written consent of
the City of Roanoke, the City, at its option, may declare all sums hereby secured
to be immediately due and payable. No sale of the Property, forebearances on the
part of the City or extension of time for the payment of the Secured Indebtednesses
given by the City shall operate to release, discharge, modify, change or affect the
original liability of the Grantor herein either in whole or in part.
Page
15. Insurance. Grantor shall maintain property and casualty insurance for the
full replacement cost of the Property, and to maintain policies of insurance against
other such hazards, casualties and contingencies as the City may require, with all
such policies to be in form satisfactory to, and in insurance companies approved by,
the City. The proceeds of any such insurance shall be applied to the full repayment
of the Secured Indebtednesses. Such policy or policies shall, at the option of the
City, be directed to and held by the City without liabi]ity.
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 t~e 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 foregoin§ 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 ali of Grantor's contractors and subcontractors engaged
in the construction, rehabilitatio% or management of the Property,
shall provide an equal opportunity for employment without unlawful
discrimination. (b) The provisions of this paragraph shall apply
during the period when the Secured Indebtedness is secured by this
Deed.
(i)
a. The Grantor shall commence and proceed with the rehabilitation
with all practical dispatch, and in an economical, efficient and
good and workmanlike manner, in compliance with the Plans and in
accordance with the provisions hereof and with all applicable
laws.
b. The Grantor shall commence and proceed with the provision or
the performance of the labor, services or materials necessary to
install, construct or complete those improvements in accordance
with the work write-up or the plans and specifications for the
Property which were submitted to and approved by the City (such
write-up or plans and specifications are referred to herein as
the "Plans"). The Plans are incorporated herein by reference.
Page 5
c. [n 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 ail 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) [t is agreed that the Grantor shall execute a Construction
Disbursement Agreement and that the method of payment to Grantor of
amounts disbursed in escrow pursuant to that Construction Disbursement
Agreement this day and evidenced by the Note shall be governed by the
terms and provisions of the Construction Disbursement Agreement dated
, 19__, and incorporated herein by reference.
(iii)a. The Grantor understands that the City is subject to the
requirements of the Virginia Housing Partnership Revolving Fund
Guidelines as amended from time to time (referred to herein as
the "Fund Guidelines"). The Grantor hereby covenants and agrees
to comply with the Fund Guidelines and agrees not to act or fail
to act in any way which would cause the City to be in non-
compliance with any of the Fund Guidelines.
b. Without in any way limiting the foregoing~ and without the
prior written consent of the City~ the Grantor shall not rent to~
or otherwise allow occupancy of the Property by~ any person or
family other than the the Grantor and his family (who~ shall at
the time of execution of this Deed, have an annual gross income
Jess than or equal to 80?6 of the median family income as deter-
mined by the Virginia Housing Partnership Revolving Fund for the
applicable market area), for a period to expire eight years from
the date hereon~ and after this eight year period the Grantor
shall not rent to~ or otherwise allow occupancy of the Property
by~ any person or family who~ shall at the time of occupancy~
have an annual gross income greater than 80% of the median family
income as then determined by the Virginia Housing Partnership
Revolving Fund for the applicable market area. The Grantor
shall examine and determine the income and eligibility of any
person or family who is to rent or occupy the Property and shall
report such determination to the Virginia Department of Housing
and Community Development~ or its assigns~ in such form as it
shall require. Such examination and determination shall be made~
and such report shall be submitted to the City for approval prior
to initial occupancy of the Property by such person or family.
The Grantor will not permit the use of the Property except as a
single family residence without the prior approval of the City.
Page
18. Approvals and Authorizations. All approvals and authorizations under this
Deed of Trust shah be in writing from the Building Commissioner or the Assistant
Building Commissioner for the City of Roanoke.
19. Events of Default. Any one or more of the following events shall consti-
tute a default under this Deed:
(a) Default in the payment of any portion of the Secured Indebtedness
or any installment thereof, whether principal, interest, when and as the
same shall become due and payable, whether at maturity or by acceleration
or otherwise~ or
(b) Default in the due performance or observance of any Secured Covenant;
or
(c) Misrepresentation or omission by the Grantor of any material fact
in the Application, any supplements or amendments thereto or in or with
respect to any document or information furnished pursuant thereto.
(d) If the Grantor shall be involved Jn financial difficulties as eviden-
ced: (i) by an admission in writing of its inability to pay its debts
generally as they become due; (ii) by filing a petition in bankruptcy or
for the adoption of an arrangement under the National Bankruptcy Act (as
now or in the future amended) or an admission seeking the relief therein
provided; (iii) by making an assignment for the benefit of creditorsl
(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 flied in good
faith a petition filed against it under said Bankruptcy Act; (vii) by the
assumption of custody or sequestration by a court of competent jurisdiction
of all or substantially all of the assets of the Grantori (viii) by an
attachment for an amount in excess of $5,000 on any substantial part of the
assets of the Grantor which shall not be discharged within thirty (30) days
from the making thereof; (ix) by a judgement or decree for the payment of
money in excess of $5,000 being entered against the Grantor, or if an
attachment, execution or levy Js made upon any of its assets and the judge-
merit, execution or levy, as the case may be, is not discharged or stayed
within thirty (30) days from the date of the judgment, attachment, execu-
tion or levy as the case any be; or (x) by default under any deed of trust
recorded prior to this Deed.
20. Delay. No delay by the City or the Trustees in exercising any right or
remedy hereunder or otherwise afforded by ]aw shall operate as a waiver thereof or
preclude the exercise thereof during the continuance of any default hereunder.
2!. Remedies Cumulative. No remedy herein contained or conferred upon the City
or the Trustees is intended to be exclusive of any other remedy or remedies afforded
by law or by the terms hereof to the City or the Trustees, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity.
Page 7
22. Headings. The headings herein are inserted for convenience of reference
and in no way define, limit or describe the scope or intent of this Deed, or of any
particular provision thereof, or the proper construction thereof.
23. Entire Agreement. This writing, and 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#. Enforceabilit),. If any term or provisions of the Deed of Trust is invalid
or unenforceable to any extent, the remainder of this Deed of Trust will not be
affected.
25. Notice. Any notice, demand or other communication required or otherwise to
be sent or delivered to City shall be sent by first class mail to:
Housing Development Oflice, Administrator
215 Church Avenue SW
Room 170 - Building Department
Roanoke, VA 2~011-1592.
Upon the payment of all Secured Indebtednesses and upon the performance of all
Secured Covenants, the Grantor covenants to pay the expenses of releasing this Deed.
gVITNESS the following signatures and seals.
(SEAL)
(SEAL)
STATE OF VIRGINIA
CITY OF ROANOKE, to wit:
day of
The foregoing instrument was acknowledged before me this
~ 19__ by
My commission expires:
NOTARY PUBLIC
Page 8
EXHIBIT A
Property Description
Page 9
MINUTES OF THE AUDIT COMMITTEE OF ROANOKE CITY COUNCIL
April $, 1992 ~v -'
1. Call to orders
The meeting of the Roanoke City Audit Committee was called to
order at 1:00 p.m. on April 6, 1992 with Chairman, David A.
Bowers presiding.
· The invocation was given by Mayor Taylor
· The roll was called by Mr. Bird.
Audit Committee
Members Present:
David A. Bowers, Chairman
Beverly T. Fitzpatrick
Howard E. Musser
Dr. Noel C. Taylor
William White, Sr.
Others Present:
Robert H. Bird, Municipal Auditor
W. Robert Herbert, City Manager
Joel M. Schlanger, Director of Finance
Wilburn C. Dibling, Jr., City Attorney
Arthur B. Crush, III, Clerk of Circuit Court
Thomas F. Baldwin, EDP Audit Supervisor
F. Michael Taylor, Audit Supervisor
Michelle R. Jones, Auditor
Evelyn W. Barger, Administrative Assistant
Joel Turner, Press
2. EXTERNAL AUDITS - Clerk of Circuit Court - Pooled Trust Funds
The motion was made by Mr. White and seconded by Mayor
Taylor to receive and file the Clerk of Circuit Court -
Pooled Trust Fund report. The motion was approved
unanimously.
INTERNAL AUDITS - Personal Property, Miscellaneous Local
Taxes and Dog Lioensess
The motion was made by Mr. White and seconded by Mr.
Fitzpatrick to receive and file the three internal audit
reports and to concur in the recommendation contained in
them. The motion was approved unanimously.
Mr. White asked Mr. Bird if the Commissioner of Revenue had
the authority to make sure that the amount of taxes
collected were the correct amounts due. Mr. Bird responded
that the
Audit Committee Minutes
Page 2
April 6, 1992
Commissioner has the duty to determine that all taxpayers
have filed on time. For admissions tax, transient occupancy
tax, utility consumer tax and telephone surcharge, City Code
does not assign the duty to ascertain that payments are for
the correct amount. The Commissioner and City
Administration are currently considering changing the City
Code.
4. UNFINISHED BUSINESS - None~
5. NEW BUSINESS:
Mr. Bird briefed the Committee on the following items that
will be presented at the June meeting:
Annual Audit Plan for FY-93 - Mr. Bird stated that over
the next two months he would be meeting with various
City personnel to discuss the audit plans.
External Audit Contract 1993-96 - Mr. Bird stated that
at its next meeting he will ask the Audit Committee to
appoint a committee to interview and recommend an
independent accounting firm to conduct the fiscal year
1993-96 audits.
Quality Assurance Review - Mr. Bird explained to the
Committee what a Quality Assurance Review is and why it
is important for the Audit department to have one
performed. He stated that he will have a report at the
next Committee meeting that will be asking the
Committee to approve having this review performed. Mr.
Bird stated that the amount to have this performed
would be about $2,000.
Adjournment:
The next Audit Committee meeting will be June 1, 1992. 1:00
p.m.
There being no further business, the meeting adjourned at
1:23 p.m.
--bavid--A. Vowers, Chairman
Office of the City Clerk
April 23, 1992
File #514
The Honorable Arthur B. Crush, III
Clerk of the Circuit Court
Roanoke, Virginia
Dear Mr. Crush:
I am enclosing a certified copy of Ordinance No. 30953-042092, for proper
recordation in your office, which provides for the permanent vacating, discontinuing
and closing of a portion of Barnett Road, N. W., beginning at Youngwood Drive
between 5102 and 5098 Young'wood Drive, between Official Tax Nos. 6131907 and
6132001. Ordinance No. 30953-042092 was adopted by the Council of the City of
Roanoke on first reading on Monday, April 13, 1992, also adopted by the Council on
second reading on Monday, April 20, 1992, and will take effect ten days following the
date of its second reading.
Sincerely,
Mary F.~arker, CMC/AAE
City Clerk
MFP: sw
Ene o
Room 456 Municipal Building 21S Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541
Office of the City Clerk
April 23, 1992
File #514
Mr. and Mrs. Kenneth W. Mitchell
5102 Youngwood Drive, N. W.
Roanoke, Virginia 24017
Ms. Peggy S. Campbell
5098 Young~vood Drive, N. W.
Roanoke, Virginia 24017
Dear Ladies and Mr. Mitchell:
I am enclosing copy of Ordinance No. 30953-042092 permanently vacating,
discontinuing and closing a portion of Barnett Road, N. W., beginning at Youngwood
Drive between 5102 and 5098 Youngwood Drive, between Official Tax Nos. 6131907
and 6132001. Ordinance No. 30953-042092 was adopted by the Council of the City of
Roanoke on first reading on Monday, April 13, 1992, also adopted by the Council on
second reading on Monday, April 20, 1992, and will take effect ten days following the
date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Ene.
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Taievi, Assistant City Attorney
Mr. Wiliard N. Ciaytor, 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. Mariles, Agent/Secretary, City Planning Commission
Ms. Doris Layne, Office of Real Estate Valuation
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 20th day of April, 1992.
No. 30953-042092.
AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as is
more particularly described hereinafter.
WHEREAS, the City of Roanoke filed an application to the
Council of the City of Roanoke, Virginia, in accordance with law,
requesting the Council to permanently vacate, discontinue and close
the public right-of-way described hereinafter; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by S30-14, Code of the
City of Roanoke (1979),
public hearing on the
Council; and
as amended, and after having conducted a
matter, has made its recommendation to
WHEREAS, a public hearing was held on said application by the
City Council on April 13, 1992, after due and timely notice thereof
as required by §30-14, Code of the City of Roanoke (1979), as
amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on said application; and
WHEREAS, it appearing from the foregoing that the land
proprietors affected by the requested closing of the subject public
right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that
no inconvenience will result to any individual or to
from permanently vacating, discontinuing and closing
right-of-way.
the public
said public
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke, Virginia, that the public right-of-way situate in the City
of Roanoke, Virginia, and more particularly described as follows:
A portion of Barnett Road, N.W., beginning at Youngwood
Drive, N.W., between 5102 and 5098 Youngwood Drive, N.W.,
between Official Tax Nos. 6131907 and 6132001.
be, and hereby is, permanently vacated, discontinued and closed,
and that all right and interest of the public in and to the same
be, and hereby is, released insofar as the Council of the City of
Roanoke is empowered so to do with respect to the closed portion of
the right-of-way, reserving however, to the City of Roanoke and any
public utility, including, specifically, without limitation,
providers to or for the public of cable television, electricity,
natural gas or telephone service, an easement for sewer and water
mains, television cable, electric wires, gas lines, telephone
lines, and related facilities that may now be located in or across
said public right-of-way, together with the right of ingress and
egress for the maintenance or replacement of such lines, mains or
utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any
landscaping, fences, shrubbery, structure or any other
encroachments on or over the easement which impede access for
maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described
public right-of-way of any such municipal installation or other
utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the closure of theabove-described
an approved subdivision plat, combining all properties that would
be landlocked by the closure of the above-described portions of
Barnett Road, N.W., providing for all necessary easements for
utilities, both public and private, and properly dividing the
vacated right-of-way, and in the event these conditions have not
been met and the said plat has not been recorded in the Office of
the Clerk of Circuit Court within one (1) year from the effective
date of this ordinance, this ordinance shall become null and void
with no further action by City Council being necessary.
BE IT FURTHER ORDAINED that the City Engineer be, and he is,
directed to mark "permanently vacated" on said public right-of-way
on all maps and plats on file in his office on which said right-of-
way is shown, referring to the book and page or ordinances and
resolutions of the Council of the City of Roanoke, Virginia,
wherein this ordinance shall be spread.
BE IT FURTHER ORDAINED that the Clerk of the Council deliver
to the Clerk of the Circuit Court of the City of Roanoke, Virginia,
a certified copy of this ordinance for recordation in the Deed
Books of said Clerk's Office, indexing the same in the name of the
City of Roanoke, Virginia, as Grantor and Grantee, and the names of
any other parties in interest who may so request, as Grantees.
ATTEST:
City Clerk.
Roanoke City Planning Commission
April 13, 1992
The Honorable Noel C. Taylor,
and Members of City Council
Roanoke, Virginia
Mayor
Dear Members of Council:
Subject:
Request from Kenneth W. Mitchell, Lena Q.
Mitchell and Peggy S. Campbell, that a portion
of Barnett Road, N.W., beginning at Youngwood
Drive, N.W., between property located at 5102
and 5098 Youngwood Drive, N.W., be permanently
vacated, discontinued and closed.
I. Backqround:
Portion of Barnett Road requested for closure extends
from its intersection with Youngwood Drive south,
approximately 130 ' and terminates at a tract of land
described on City maps as #6110114. It exists as a paper
street approximately 50' in width.
Subject portion of Barnett Road is located between the
two abutting properties which have requested closure of
the right-of-way.
II. Current Situation:
aJ
Portion of Barnett Road requested for closure is planted
with grass and has been maintained by the adjacent
property owners for the past 30 years.
Applicants desire to use the vacated right-of-way as an
adjunct to their property.
Application was received on January 21, 1992. A public
hearing before the Planning Commission was held on
Wednesday, March 4, 1992.
Ail three petitioners appeared before the Commission in
support of the closure. The owners of parcel no. 6110114
also appeared in support of the closure and noted the
Room 355 Municipal Building 2t 5 Church Avenue, SW~ Roanoke, Virginia 24011 (703) 981-2344
Members of Council
Page 2
April 13, 1992
closure would help eliminate the illegal trespassing and
dumping in the area.
III. Issues:
A. Neighborhood impact.
B. Traffic impact.
C. Utilities within the right-of-way.
D. Land use.
E. Creation of a dead-end street.
F. Relationship to the comprehensive plan.
IV. Alternatives:
A. Recommend City Council approve the request.
1. Neighborhood impact. Closure would not have any
neighborhood impact.
Traffic impact. Since the portion of Barnett Road
proposed for closure is a paper street, closure
would have no effect on traffic needs in the area.
The City Traffic Engineer reports that there are no
current or future plans to utilize this right-of-
way to through traffic.
Utilities within the public riqht-of-way. Roanoke
Gas, Appalachian Power, C & P Telephone and Cox
Cable maintain utilities located within the
proposed closure area. Filing of a subdivision
plat would provide for any necessary easements
required with closure.
Land use. Topography of proposed closure area
makes it undesirable for use as a through right-of-
way. Parcel No. 6110114 retains access to Barnett
Road via a 25' right-of-way which would not be
affected by the proposed closure of the subject
portion of Barnett Road.
Creation of a dead-end street. No dead-end street
will be created.
6. Relationship to the comprehensive plan. Request is
consistent with the intent of the comprehensive
Members of Council
Page 3
April 13, 1992
Ve
plan that available land be used in the most
appropriate manner.
B. Recommend City Council deny the request.
1. Neiqhborhood impact.
the neighborhood.
There would be no impact on
2. Traffic impact. Traffic would not be affected.
Utilities within the riqht-of-way. Utilities would
not be affected.
Land use. Land within the described public right-
of-way would remain vacant and undeveloped.
Creation of dead-end street. Denial of closure
would leave subject portion of Barnett Road in a
vacant and undeveloped state.
Relationship to comprehensive plan. Since the
comprehensive plan states that "available land
should be used in the most appropriate manner," for
the subject right-of-way to remain vacant and
undeveloped with the applicants maintaining it,
would be inconsistent with the intent of the
comprehensive plan.
Recommendation:
By a vote of 6-0 (Mr. Bradshaw absent), the Planning
Commission recommends approval of Alternative A, thereby
authorizing the vacation, discontinuance and closure of the
subject portion of Barnett Road, N.W., subject to the
following conditions:
That the applicant agree to submit to the City for
review, approval and recordation, a plat of subdivision
providing for all necessary easements and the proper
division of the vacated right-of-way.
That if the above-cited subdivision plat is not submitted
and recorded within a period of 12 months from the date
of any ordinance providing for closure, then said
ordinance shall become null and void with no further
action by City Council being necessary.
Members of Council
Page 4
April 13, 1992
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
JRM:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Attorney for the Petitioner
~ 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
January 21, 1992
File #514
SANDRA H. EAKIN
Deputy Civ/Clerk
Mr. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 30-14, Precedure for altering or vacating City streets or alleys }
fees therefor, of the Code of the City of Roanoke (1979), as amended, I am
enclosing copy of an application from Mr. Kenneth W. Mitchell, Ms. Lena Q. Mitchell,
and Ms. Peggy S. Campbell, requesting that a portion of Barnett Road, N. W.,
beginning at Young'wood Drive, N. W., between 5102 and 5098 Young'wood Drive, be
permanently vacated, discontinued and closed.
MFP: se
STREET7
Enc.
Sincerely, ~O.~
Mary F. Parker, CMC/AAE
City Clerk
pc:
Mr. and Mrs. Kenneth W. Mitchell, 5102 Youngwood Drive, N. W., Roanoke,
Virginia 24017
Ms. Peggy S. Campbell, 5098 Youngwood Drive, N. W., Roanoke, Virginia
2 7
~4~Ir. John R. Marlies, Agent/Secretary, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. Edward R. Tucker, City Planner
Mr. Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE
IN RE:
Application of
CITY OF ROANOKE
KENNETH W. MITCHELL
LENA Q. MITCHELL
PEGGY S. CAMPBELL
, VIRGINIA
APPLICATION FOR VACATING
DISCONTINUING AND CLOSING
OF BARNETT ROAD, NW
MEMBERS OF COUNCIL :
KENNETH W. MITCHELL
LENA Q. MITCHELL
PEGGY $. CAMPBELL
beginning at Youngwood Drive, NW.
Youngwood Drive,NW in the City of
permanently vacated, discontinued
to Virginia Code Section 15.1-364
3)
, applies to have BARNETT ROAD,NW
between 5102 and 5098
Roanoke, Virginia ,
and closed , pursuant
and Section 30-14, Code
of the
City of Roanoke (1979), as amended. This street is more
particularly described on the attached map sheet ~611 and
as follows:
That portion of BARNETT ROAD, NW lying between and
bordered by official tax parcels ~6131907 and 6132001.
The above named petitioners state that the grounds for their
application are as follows:
1) All owners of properties in the Section requested for
closure are in agreement with this application.
2) The applicants have been maintaining this right-of-way
( Mowing. clearing old stumps, seeding, etc. for approximately
30 years.)
This right-of-way is undeveloped.
The applicants desire to use the property to be vacated
for adjunct to property.
WHEREFORE,
KENNETH W. MITCHELL
LENA Q. MITCHELL
PEGGY S. CAMPBELL
respectfully requests
that the above described street ,BARNETT ROAD, be vacated
by the Council of the City of Roanoke, Virginia, in
accordance with Virginia Code Section 15.1-364 and Section 30-14,
Code of the City of Roanoke (1979),as amended.
Respectfully submitted,
KENNETH W. MITCHELL
LE~ Q. MITCHELL
PEGGY S. CAMPBELL
DAT~ O
NAMES AND MAILING ADDRESSES OF THE PROPERTY OWNERS
KENNETH W. and LENA Q. MITCHELL
5102 Youngwood Dr. NW
Roanoke , Virginia 24017
PEGGY S. CAMPBELL
5098 Youngwood Dr. NW
Roanoke, Virginia 24017
~. 60LI~1<~
t~9 Zg~
LOCATION
I
Ni7W_ .=. ~, r- ;
Office of the City Clerk
March 26, 1992
File//514
Mr. and Mrs. Kenneth W. Mitchell
5102 Youngwood Drive, N. W.
Roanoke, Virginia 24017
Dear Mr. and Mrs. Mitchell:
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 will be held on
Monday, April 13, 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
'hutch Avenue, S. W., on the request of Mr. and Mrs. Kenneth W. Mitchell and Ms.
~'eggy S. Campball that a portion of Barnett Road, N. W., beginning at Youngwood
Drive between 5102 and 5098 Youngwood Drive, between Official Tax Nos. 6131907
and 6132001, be permanently vacated, discontinued and closed.
For your information, I am enclosing copy of a notice of the public hearing and an
Ordinance providing for the closure, which notice and Ordinance were prepared by
the City Attorney's Office. Please review the documents 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. Marlles, Chief of Community Planning, at 981-2344.
Sincerely, ~.j~.__
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
APRIL
Eno.
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Wiliard N. Claytor, Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairperson, City Planning Commission
Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke.- ~nia 24011 (703) 981-2541
Mr. and Mrs. Kenneth W. MitcheH
March 26, 1992
Page 2
pc:
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. Marlies, Agent/Secretary, City Planning Commission
Ms. Doris L~yne, Office of Real Estate Valuation
Office of the City Clerk
March 26, 1992
File #514
Ms. Peggy S. Campbell
5098 Youngwood Drive, N. W.
Roanoke, Virginia 24017
Dear Ms. Campbell:
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 will be held on
Monday, April 13, 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 Municipai Building, 215
Church Avenue, S. W., on the request of Mr. and Mrs. Kenneth W. Mitchell and Ms.
Peggy S. Campbell that a portion of Barnett Road, N. W., beginning at Youngwood
Drive between 5102 and 5098 Youngwood Drive, between Official Tax Nos. 6131907
and 6132001, be permanently vacated, discontinued and closed.
For your information, I am enclosing copy of a notice of the public hearing and an
Ordinance providing for the closure, which notice and Ordinance were prepared by
the City Attorney's Office. Please review the documents and if you have questions,
you may contact Mr. Steven J. Taievi, 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, ~0.~.~_
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
APRIL
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Taievi, Assistant City Attorney
Mr. Willard N. Claytor, Director of Real Estate Valuation
Mr. Charies A. Price, Jr., Chairperson, City Planning Commission
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541
Ms. Peggy S. Campbell
March 26, 1992
Page 2
pc'
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. Marlies, Agent/Secretary, City Planning Commission
Ms. Doris Layne, Office of Real Estate Valuation
ROANOKE TIMES & WORLD-NEWS
AP NUMBER 3Z511798
PUBLISHER'S FEE $103o50
CITY OF ROANOKE
C/0 MARY F PARKER
CITY CLERKS OFFICE
ROOM 456 MUNICIPAL BLDG
ROANOKE VA 2~OIl
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF
PUBLICATION
I) (THE UNDERSIGNED) AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-WORLO COR-
PORATIONt WHICH CORPORATION IS PUBLISHER
OF THE ROANOKE TIMES & WORLD-NEWSy A
DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN
THE STATE OF VIRGINIA) DO CERTIFY THAT
THE ANNEXED NOTICE WAS PUBLISHED IN SAIO
NEWSPAPERS ON THE FOLLOWING DATES
03/27/92 MORNING
04/03/92 MORNING
WITNESS~ THIS.. 6TH DAY OF APRIL 1992
~UTHORIZED 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, April 13,
1992, at 7:30 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S.W.,
abandon,
of-way:
on an application to permanently
vacate, discontinue and close the following public right-
Vacation of a portion of Barnett Road, N.W.
located between 5102 and 5098 Youngwood Drive,
N.W., between Official Tax Nos. 6131907 and
6132001.
A copy of this proposal is available
the Office of the City Clerk,
parties in interest may appear
the question.
GIVEN under my hand this __
for public inspection in
Room 456, Municipal Building. Ail
on the above date and be heard on
24thday of March , 1992.
Mary F. Parker, City Clerk.
Please publish in full twice, once on Friday, March 27,
and once on Friday, April 3, 1992, in The Roanoke Times
and World-News.
Send publisher's affidavit and bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building,
Roanoke, Virginia 24011-1536
So Wo
1992,
IN THE
IN RE:
Application of
CiTY TM :' -: :i
COUNCIL OF THE CITY OF ROANOKE ,
'92 21 n:3;i
VIRGINIA
KENNETH W. MITCHELL
LENA Q. MITCHELL
PEGGY S. CAMPBELL
APPLICATION FOR VACATING
DISCONTINUING AND CLOSING
OF BARNETT ROAD, NW
MEMBERS OF COUNCIL :
KENNETH W. MITCHELL
LENA Q. MITCHELL
PEGGY S. CAMPBELL
applies to have BARNETT ROAD,MW
30 years.)
This right-of-way is
3 The applicants desire
for adjunct to property.
undeveloped.
to use the property to
for approximately
be vacated
beginning at Youngwood Drive, MW. between 5102 and 5098
Youngwood Drive,MW in the City of Roanoke, Virginia ,
permanently vacated, discontinued and closed , pursuant
to Virginia Code Section 15.1-364 and Section 30-14, Code of the
City of Roanoke (1979), as amended. This street is more
particularly described on the attached map sheet ~611 and
as follows:
That portion of BARNETT ROAD, NW lying between and
bordered by official tax parcels ~6131907 and 6132001.
The above named petitioners state that the grounds for their
application are as follows:
1 Ail owners of properties in the Section requested for
closure are in agreement with this application.
2 The applicants have been maintaining this right-of-way
( Mowing. clearing old stumps, seeding, etc.
WHEREFORE,
KENNETH W. MITCHELL
LENA Q. MITCHELL
PEGGY S. CAMPBELL
respectfully requests
that the above described street ,BARNETT ROAD, be vacated
by the Council of the City of Roanoke, Virginia, in
accordance with Virginia Code Section 15.1-364 and Section 30-14,
Code of the City of Roanoke (1979),as amended.
Respectfully submitted,
KENNETH W. MITCHELL
L,~ Q. MITCHELL
PEGGY S. CAMPBELL
DAT~ O
NAMES AND MAILING ADDRESSES OF THE PROPERTY OWNERS
KENNETH W. and LENA Q. MITCHELL
5102 Youn~ood Dr. NW
Roanoke , Virginia 24017
PEGGY S. CAMPBETL
5098 Youn~wood Dr. NW
Roanoke, Virginia 24017
e. 60LI~'I~
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
January 21, 1992
File #514
SANDRA H. EAKIN
Deputy City Clerk
Mr. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Sincerely,
Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys;
fees therefor, of the Code of the City of Roanoke (1979), as amended, I am
enclosing copy of an application frem Mr. Kenneth W. Mitchell, Ms. Lena Q. Mitchell,
and Ms. Peggy S. Campbell, requesting that a portion of Barnett Road, N. W.,
beginning at Youngwood Drive, N. W., between 5102 and 5098 Youngwood Drive, be
permanently vacated, discontinued and closed.
Mary F. Parker, CMC/AAE
City Clerk
MFP: se
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Enc o
pc:
Mr. and Mrs. Kenneth W. Mitchell, 5102 Youngwood Drive, N. W., Roanoke,
Virginia 24017
Ms. Peggy S. Campbell, 5098 Youngwood Drive, N. W., Roanoke, Virginia
24017
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. Edward R. Tucker, City Planner
Mr. Steven J. Talevi, Assistant City Attorney
Office of the City Clerk
March 26, 1992
File #51-514
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to the authority contained in Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, I have set public hearings for Monday, April 13, 1992, at
7:30 p.m., on the following matters:
A request of Jerusalem Baptist Church that a
tract of land located at 1014 Norfolk Avenue,
S. W., described as Lots 1 - 5, inclusive,
Section 18, Map of Webb Addition, and Lots 1
and 2, Section 17, Map of Webb Addition,
Official Tax Nos. 1110801 1110804,
inclusive, and 1110810, be rezoned from LM,
Light Manufacturing District, to RM-2,
Residential Multi-Family, Medium Density
District, subject to certain conditions
proffered by the petitioner.
A request of Mr. and Mrs. Kenneth W.
Mitchell, and Ms. Peggy S. Campbell that a
portion of Barnett Road, N. W., beginning at
Youngwood Drive, N. W., between 5102 and
5098 Youngwood Drive, described as Official
Tax Nos. 6131907 and 6132001, be
permanently vacated, discontinued and
closed.
For your information, I am enclosing copy of the City Planning Commission reports
on the abovedescribed rezoning and street closure.
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541
Tb~ Honorable Mayor and Members
of the Roanoke City Council
March 26, 1992
Page 2
If you desire additional information prior to the public hearings, please do not
hesitate to call me.
MFP: sw
Enc.
pc:
Sincerely,
~er, CMC/AAE
City Clerk
Mr. W. Robert Herbert, City Manager
Mr. Steven J. Talevi, Assistant City Attorney
Office of the City Clerk
April 14, 1992
Mr. and Mrs. Kenneth W. Mitchell
5102 Youngwood Drive, N. W.
Roanoke, Virginia 24017
Dear Mr. and Mrs. Mitchell:
I am enclosing copy of an invoice from the Roanoke Times & World-News for
advertising the notice of public hearing before the Roanoke City Council in
connection with your request that a portion of Barnett Road, N. W., beginning at
Youngwood Drive between 5102 and 5098 Youngwood Drive, be permanently vacated,
discontinued and closed.
Please remit your check, made payable to the City of Roanoke, in the amount of
$51.75, to the City Clerk's Office, Room 456, Municipal Building, 215 Church
Avenue, S. W., Roanoke, Virginia 24011-1536, by April 24, 1992.
Sincerely
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541
Office of the City Clerk
April 14, 1992
Ms. Peggy S. Campbell
5098 Youngwood Drive, N. W.
Roanoke, Virginia 24017
Dear Ms. Campbell:
I am enclosing copy of an invoice from the Roanoke Times & World-News for
advertising the notice of public hearing before the Roanoke City Council in
connection with your request that a portion of Barnett Road, N. W., beginning at
Youngwood Drive between 5102 and 5098 Youngwood Drive, be permanently vacated,
discontinued and closed.
Please remit your check, made payable to the City of Roanoke, in the amount of
$51.75, to the City Clerk's Office, Room 456, Municipal Building, 215 Church
Avenue, S. W., Roanoke, Virginia 24011-1536, by April 24, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc,
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541
Office of the City Clerk
April 23, 1992
File #51
The Reverend J. Eugene Young, Pastor
Jerusalem Baptist Church
1014 Norfolk Avenue, S. W.
Roanoke, Virginia 24016
Dear Reverend Young:
I am attaching copy of Ordinance No. 30954-042092 rezoning a tract of land located
at 1014 Norfolk Avenue, S. W., described as Lots 1 - 5, inclusive, Section 18, Map
of Webb Addition, and Lots 1 and 2, Section 17, Map of Webb Addition, Official Tax
Nos. 1110801 - 1110804, inclusive, and 1110810, be rezoned from LM, Light
Manufacturing District, to RM-2, Residential Multi-Family, Medium Density District,
subject to certain conditions proffered by the petitioner. Ordinance No. 30954-
042092 was adopted.by the Council of the City of Roanoke on first reading on
Monday, April 13, 1992, also adopted by the Council on second reading on Monday,
April 20, 1992, and will take effect ten days following the date of its second reading.
Sincerely, /~
Mary F~. arker, CMC/AAE
City Clerk
MFP: sw
gne.
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Taievi, Assistant City Attorney
Mr. Willard N. Claytor, 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
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 20th day of April, 1992.
No. 30954-042092.
AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 111, 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
LM, Light Manufacturing District, to RM-2, Residential Multifamily,
Medium 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 April 13, 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. 111 of the Sectional 1976 Zone Map, City of
Roanoke, be amended in the following particular and no other:
A tract of land located at 1014 Norfolk Avenue, S.W., known as
Lots 1, 2, 3, 4 & 5, Section 18, designated on Sheet No. 111 of the
Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos.
1110801 1110802, 1110803, 1110804 & 1110810, be, and is hereby
rezoned from LM, Light Manufacturing District, to RM-2, Residential
Multifamily, Medium Density District, subject to those conditions
proffered by and set forth in the Petition, filed in the Office of
the City Clerk on February 12, 1992, and that Sheet No. 111 of the
Zone Map be changed in this respect.
ATTEST:
City Clerk.
Roanoke City Planning Commission
April 13, 1992
The Honorable Noel C. Taylor,
and Members City Council
Roanoke, Virginia
Mayor
Dear Members Council:
Subject:
Request from Trustees of Jerusalem Baptist
Church that property located at 1014 Norfolk
Avenue, S.W., identified as Official Tax Nos.
1110801-1110804, inclusive, and 1110810, be
rezoned from LM, Light Manufacturing District
to RM-2, Residential Multifamily, Medium
Density District, such rezoning to be subject
to certain conditions proffered by the
petitioner.
I. Background:
ae
Purpose of the rezoning request is to bring existing
church and adjoining property into conformance with
current zoning regulations.
Petition to rezone was filed on February 12, 1992. The
following condition was proffered by the petitioner:
The subject property in this rezoning will only be
used for church purposes and related activities.
Ce
Planning Commission public hearing was held on Wednesday,
March 4, 1992. The Reverend J. Eugene Young appeared
before the Commission and stated that the documents
presented were self-explanatory in that the church was
trying to rezone property so they could update their
facility.
Mrs. Dorsey gave the staff report. She said that the
petition had been filed for the purpose of putting the
church into a conforming status. She noted that under
the current LM zoning, the church was in a legal,
nonconforming status. She said that in order for the
church to be able to expand in the future or alter or
enhance their facilities, a rezoning to residential would
be necessary. She stated that the only proffered
P, aom 355 Municipal Building 215 Churd~ Avenue. SW~ Roanoke, Virginia 24011 (703) 981-2344
Members of Council
Page 2
April 13, 1992
condition was that the continued use of the property
would be for the church and its related activities.
She said the rezoning would serve to preserve and enhance
a neighborhood landmark that is important to the Hurt
Park community and would also provide a buffer between
residential, commercial and industrial uses.
Mr. Woodrow Hickman (1010 Norfolk Avenue, SW) appeared
before the Commission and stated that he was opposed to
the rezoning because of the alley closure request and
fear that emergency vehicles and sanitation trucks would
not have access to adjoining properties.
Mr. Buford stated that the Commission was now considering
the rezoning, not alley closure request. He asked Mr.
Hickman if he had comments on the rezoning.
Mr. Hickman said he did not oppose expansion of the
church. He said that the area needed to be open to
access for the people.
Considerable discussion then took place between Mr.
Hickman, the Commission and Mrs. Dorsey regarding the
differences between the rezoning request and the alley
closure request, the proffered continued use of the
subject property as a church and the fact that the
rezoning request only pertained to the church property.
Mr. Stephen Jones (12 -13th Street, SW) appeared before
the Commission and stated that his objection concerned
the land that fronted on Salem Avenue. He said he
understood that the land was currently zoned LM, but it
seemed to him that the Salem Avenue lot would be a
conducive location for a neighborhood business which
would create jobs in the neighborhood. He said he had
read through the City's comprehensive plan and it
appeared to him that the area on Salem Avenue was
designated for neighborhood compatible businesses. He
said he had no objection to the rezoning of the other
lots.
Mrs. Dorsey responded that all of the property in
question was held by the church and it was guaranteed
through a proffered condition that all activities would
be church related. She said that should relieve the fear
that something more insensitive would be built on the
Salem Avenue lot. She also noted that the comprehensive
plan contained general guidelines for future development
and redevelopment of that area.
Members of Council
Page 3
April 13, 1992
II. Issues:
ae
Zoning of the subject property is currently LM, Light
Manufacturing District and the surrounding zoning in the
area is LM, Light Manufacturing District.
Land use is currently a church and parking lot. Land
uses in the area are as follows: to the north, east and
west are vacant and occupied single family dwellings; to
the northwest is a public park and to the south and
southwest are a mixture of commercial and industrial
businesses.
Utilities are existing on site and of adequate capacity
for the existing development on the subject property.
Access to the subject property is easily provided from
the adjoining public street, Norfolk Avenue. The City
Traffic Engineer has stated that given the existing and
proposed continued use of the subject property, that no
impact on the traffic pattern in the area is anticipated.
Neiqhborhood orqanization is the Hurt Park Neighborhood
Alliance. The Planning office notified their president
in writing of the rezoning request on February 20, 1992.
Planning staff was informed that the neighborhood
organization was not aware of any opposition from the
surrounding property owners nor did the neighborhood
organization have any objections to the rezoning request.
Comprehensive Plan recommends that:
1. Encourage and promote the development of cultural
facilities that enhance the community's livability.
Enact zoning and related land development
regulations to preserve landmarks and neighborhood
character.
III. Alternatives:
A. City Council approve the rezoning request.
Zoning of the subject property would become RM-2,
Residential Multifamily, Medium Density District,
conditional.
2. Land use would be the existing church and accessory
parking lot that would become a conforming use.
Members of Council
Page 4
April 13, 1992
Utilities to the site are adequate and are
unaffected by the proposed rezoning and continued
use of the property as a church.
Access to and from the site would continue to be
from the adjoining public street, Norfolk Avenue.
No traffic impacts are anticipated from the
continued use of the property as a church.
Neighborhood would have no negative impact from the
continued use of the subject property as a church
and its presence serves as a transitional land use
from the commercial and industrial land uses to the
south and southwest of the existing single family
residential uses to the north, east and west.
Comprehensive Plan issues as set forth would be
followed.
Be
City
1.
Council deny the rezoning request.
Zoning of the subject property would remain LM,
Light Manufacturing District. The existing use and
structure would remain nonconforming in conflict
with the current zoning ordinance.
2. Land use would remain a church and accessory
parking lot.
3. Utilities would be unaffected.
4. Access would remain as is and would not be an
issue.
5. Neiqhborhood would remain unchanged.
6. Comprehensive Plan issues as set forth could be
followed at a later date.
IV. Recommendation:
The Planning Commission, by a vote of 6-0 (Mr. Bradshaw
absent) recommended aDproval of the rezoning request finding
that the rezoning would place an existing legal nonconforming
use and building into a conforming zoning status and would
provide for any future expansions, remodeling or enhancement
to the facility. Furthermore, the Planning Commission finds
that the existing and proffered continued use of the property
as a church would facilitate the preservation of a
neighborhood landmark as well as provide a harmonious,
Members of Council
Page 5
April 13, 1992
transitional land
comprehensive plan.
use
in the area as set forth in the
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
JRM:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Petitioner
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGiNi~
Rezoning of a tract of land lying at 1014 Norfolk
Avenue, S.W., Roanoke and being Lots 1, 2, 3, 4 & 5,
Section 18, Webb Addition and Lots 1 & 2, Section 17,
Webb Addition, Tax Nos. 1110804, 1110803, 1110802,
1110810 & 1110801, from LM to RM2 Medium Density, such
rezoning to be subject to certain conditions.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Trustees of Jerusalem Baptist Church, owns
land in the City of Roanoke containing 1.136 acres, more or less,
located at 1014 Norfolk Avenue, S.W., Roanoke, and being Tax Nos.
1110804, 1110803, 1110802, 1110810 & 1110801. Said tract is
currently zoned "LM". A map of the property to be rezoned is
attached as Exhibit "A".
Pursuant to Section 36.1-690, Code of the City of Roanoke
(1979), as amended, the Petitioner requests that the said
property be rezoned from "LM" District to "RM-2 Medium Density"
District, subject to certain conditions set forth below, for the
purpose of a church and church related activities.
The Petitioner believes the rezoning of the said tract of
land will further the intent and purposes of the City's Zoning
Ordinance and its comprehensive plan, in that it will bring
existing church property into compliance with current Zoning
Ordinance.
The
tract is
to, and
Petitioner hereby proffers and agrees that if the said
rezoned as requested, that the rezoning will be subject
that the Petitioner will abide by, the following
condition:
,$
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/11~803
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· 111oSiZ ,~
0805
II O~ 17
ItlOIZfl
EXHIBIT "B"
REZONING
Page 2
TAX NUMBER
1110814
1110815
1110816
1110115
1110116
1110117
1110118
1110119
1110120
1110121
1110126
1110122
1111401
1111402
1111403
OWNER AND ADDRESS
Claudia Hubbard
4032 Bendemeer Road
Salem, VA 24153
Same
Same
Annie Grace Clark
c/o William Fitzgerald
1033 Norfolk Avenue
Roanoke, VA 24016
Donald Lewis Stuart
2402 Clifton Avenue,
Roanoke, VA 24017
NoW.
Lawrence William Mitchel
108 15th Street, S.W.
Roanoke, VA 24016
Mary Barksdale
1636 Andrews Road, N.W.
Roanoke, VA 24017
T. C. Emmons
1013 Norfolk Avenue,
Roanoke, VA 24016
S.Wo
Mary Rosa Singleton
Same
T. C. Emmons
1013 Norfolk Avenue,
Roanoke, VA 24016
SoWe
Floyd Craft
1011 Norfolk Avenue,
Roanoke, VA 24016
Roger Lee & Shirley H. Ingram
2326 Sorrell Lane, S.W.
Roanoke, VA 24018
Same
William L. K. Churchill
P. O. Box 137
Roanoke, VA 24002
EXHIBIT "B"
REZONING
TAX NUMBER
1110801
1110802
1110803
1110804
1110810
1110811
1110812
1110813
1211505
1211512
1110818
1110805
1110817
OWNER AND ADDRESS
Trustees of Jerusalem Baptist Church
1014 Norfolk Avenue, S.W.
Roanoke, VA 24016
Same
Same
Same
Same
Freddie Malcolm Neighbors
Route 2, Box 617
Fincastle, VA 24090
Same
Charles E. Weaver
4854 Side Track Road
Roanoke, VA 24012
Harvey & Geneve Harris
1102 Norfolk Avenue, S.W.
Roanoke, VA 24016
Harry Blake
1101 Salem Avenue,
Roanoke, VA 24016
S.We
Essex Watkins
1106 Lafayette Blvd.,
Roanoke, VA 24017
N.Wo
Woodrow C. Hickman, Sr.
1010 Norfolk Avenue, S.W.
Roanoke, VA 24016
Thomas B. Blanton
P. O. Box 562
Roanoke, VA 24003
LOCATION
lOTH
VIRGINIA:
IN RE:
IN THE
CITY OF ROANOKE
OITY OF ~O4~O~,~
PLANNING COMMISSION
APPLICATION FROM THE TRUSTEES OF JERUSALEM BAPTIST
CHURCH FOR THE REZONING OF PROPERTY LOCATED ON NORFOLK
AND SALEM AVENUES, AND 1 ITH STREET S.W. DESIGNATED AS
OFFICIAL TAX NOS. 1110801-1110804 INCLUSIVE AND
1110810.
OBIECTION TO THE PROPOSED REZONINC
COMES NOW, STEHPEN j. JONES, a resident of the City of Roanoke and files
this objection to the proposed rezoning of property located on Salem Avenue and
1 lth Street S.W. designated as Official Tax No. 1110810 on the following grounds
and reasons:
That the subject property is located within a business and industry
corridor and the existing zoning is most conducive to the creation of
jobs and the development of businesses in the subject district and
neighborhood and such rezoning would change the character of the
district; and
That the subject neighborhood is at risk of an over-saturation of
rental and renter occupied residential properties, which is
deleterious to the owners and values of both owner occupied
residential and business properties in the neighborhood; and
That there are more suitable locations in the neighborhood with
existing zoning that is more consistent with the use contemplated by
the "RM-2" Residential Multi-Family, Medium Density District and
such residential use is not now permitted by district regulations; and
That the proposed rezoning is inconsistent with the Comprehensive
Plan for future development in the City of Roanoke.
WHEREFORE, said Stephen J. Jones objects to the proposed rezoning and
requests that the application be revised to exclude property located on Salem
Avenue and 1 lth Street S.W. designated as Official Tax No. 1110810 or denied.
Respectfully sumitted this <5':,~ ~/. day of _.~%~:rw, ~ ,~ ~ __
,1992.
S tep h~/n J.
-~__--~-× ,:=,' ~' -,(s -i
Stephen J. Jo~e<~
12 Thirteenth StreetS.W.
P.O. Box 12071
Roanoke, VA 24022
(703)345-1184
Office of the City Clerk
March 26, 1992
File #51
The Reverend J. Eugene Young, Pastor
Jerusalem Baptist Church
1014 Norfolk Avenue, S. W.
Roanoke, Virginia 24016
Dear Reverend Young:
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 will be held on
Monday, April 13, 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., on the request of Jerusalem Baptist Church that a tract of
land located at 1014 Norfolk Avenue, S. W., described as Lots 1 - 5, inclusive,
Section 18, Map of Webb Addition, and Lots 1 and 2, Section 17, Map of Webb
Addition, Official Tax Nos. 1110801 - 1110804, inclusive, and 1110810, be rezoned
from LM, Light Manufacturing District, to RM-2, Residential Multi-Family, Medium
Density District, subject to certain conditions proffered by the petitioner.
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 documents 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.
MFP: sw
APRIL
Eric.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (70? 381-2541
The Revel'end J. Eugene Young, Pastor
March 26, 1992
Page 2
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. DibHng, Jr., City Attorney
Mr. Steven J. Taievi, Assistant City Attorney
Mr. Willard N. Claytor, Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairperson, City Planning Commission
Mr. L. Elwood Norris, Chairperson, Board of Zoning Appeals
Mr. Wiliiam 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
ROANOKE TIMES & WORLD-NEWS
&g NUMBER 3250~335
PUBLISHER'S FEE - $112.70
CITY OF ROANOKE
C/O MARY F PARKER
CITY CLERKS OFFICE
ROOM 456 MUNICIPAL BLDG
ROANOKE VA 24011
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 & WORLO-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
03/27/92 MORNING
04/03/92 MORNING
WITNESS, )~.H.J~)~q6TH pAY OF APRIL~. 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, April 13,
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
LM, Light Manufacturing District, to RM-2, Residential Multifamily,
Medium Density District, the following property:
A tract of land located at 1014 Norfolk
Avenue, S.W., designated as Official Tax Nos.
1110801, 1110802, 1110803, 110804, and
1110810, 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 24thday of March , 1992.
Mary F. Parker, City Clerk.
Please publish in full twice,
and once on Friday, April 3,
and World-News.
once on Friday, March 27,
1992, in The Roanoke Times
Send publisher's affidavit and bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building,
Roanoke, Virginia 24011-1536
So Wo
1992,
MARY F. PARKER
City C~erk
CITY OF ROANOK
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
February 13, 1992
File #51
SANDRA H. F-AKIN
Depuw Cit~ Clerk
Mr. Charles A. Price, Jr., Chairperson
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 The Reverend J. Eugene Young,
Pastor, Jerusalem Baptist Church, requesting that a tract of lind located at 1014
Norfolk Avenue, S. W., described as Lots 1 - 5, inclusive, Section 18, Map of Webb
Addition, and Lots 1 and 2, Section 17, Map of Webb Addition, Official Tax Nos.
1110801 - 1110804, inclusive, and 1110810, be rezoned from LM, Light Manufacturing
District, to RM-2, Residential Multi-family, Medium Density District, subject to
certain conditions proffered by the petitioner.
Sincerely, ~.~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
REZONE
pc:
The Honorable Mayor and Members of the Roanoke City Council
The Reverend J. Eugene Young, Pastor, Jerusalem Baptist Church, 1014
Norfolk Avenue, S. W., Roanoke, Virginia 24016
Mr. John R. Marlles, Agent/Secretary, City Plinning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Rezoning of a tract of land lying at 1014 Norfolk
Avenue, S.W., Roanoke and being Lots 1, 2, 3, 4 & 5,
Section 18, Webb Addition and Lots 1 & 2, Section 17,
Webb Addition, Tax Nos. 1110804, 1110803, 1110802,
1110810 & 1110801, from LM to RM2 Medium Density, such
rezoning to be subject to certain conditions.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Trustees of Jerusalem Baptist Church, owns
land in the City of Roanoke containing 1.136 acres, more or less,
located at 1014 Norfolk Avenue, S.W., Roanoke, and being Tax Nos.
1110804, 1110803, 1110802, 1110810 & 1110801. Said tract is
currently zoned "LM". A map of the property to be rezoned is
attached as Exhibit "A".
Pursuant to Section 36.1-690, Code of the City of Roanoke
(1979), as amended, the Petitioner requests that the said
property be rezoned from "LM" District to "RM-2 Medium Density"
District, subject to certain conditions set forth below, for the
purpose of a church and church related activities.
The Petitioner believes the rezoning of the said tract of
land will further the intent and purposes of the City's Zoning
Ordinance and its comprehensive plan, in that it will bring
existing church property into compliance with current Zoning
Ordinance.
The Petitioner hereby proffers and agrees that if the said
tract is rezoned as requested, that the rezoning will be subject
to, and that the Petitioner will abide by, the following
condition:
only be used for Church purposes and related activities.
Attached as Exhibit "B" are the names, addresses
numbers of the owner or owners of all lots
immediately adjacent to immediately across a street
the property to be rezoned.
WHEREFORE, the Petitioner requests that the
tract be rezoned as requested in accordance with
of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this 12th day of February 1992.
The subject property described in this Rezoning Petition will
By:
and tax
or property
or road from
above-described
the provisions
Respectfully submitted,
JERUSALEM BAPTIST CHURCH
u~ Yo~ P~_~stor
~ ' ,,-f'TA)££T
/2.0
,, HI0811
/¢'5
11.1141-'1
IZII~.O~
EXHIBIT "B"
REZONING
Page 2
TAX NUMBER
1110814
1110815
1110816
1110115
1110116
1110117
1110118
1110119
1110120
1110121
1110126
1110122
1111401
1111402
1111403
OWNER AND ADDRESS
Claudia Hubbard
4032 Bendemeer Road
Salem, VA 24153
Same
Same
Annie Grace Clark
c/o William Fitzgerald
1033 Norfolk Avenue
Roanoke, VA 24016
Donald Lewis Stuart
2402 Clifton Avenue,
Roanoke, VA 24017
NoW.
Lawrence William Mitchel
108 15th Street, S.W.
Roanoke, VA 24016
Mary Barksdale
1636 Andrews Road,
Roanoke, VA 24017
NoW.
T. C. Emmons
1013 Norfolk Avenue,
Roanoke, VA 24016
S.Wo
Mary Rosa Singleton
Same
T. C. Emmons
1013 Norfolk Avenue,
Roanoke, VA 24016
SoWo
Floyd Craft
1011 Norfolk Avenue,
Roanoke, VA 24016
SoWo
Roger Lee & Shirley H. Ingram
2326 Sorrell Lane, S.W.
Roanoke, VA 24018
Same
William L. K. Churchill
P. O. Box 137
Roanoke, VA 24002
EXHIBIT "B"
REZONING
TAX NUMBER
1110801
1110802
1110803
1110804
1110810
1110811
1110812
1110813
1211505
1211512
1110818
1110805
1110817
OWNER AND ADDRESS
Trustees of Jerusalem Baptist Church
1014 Norfolk Avenue, S.W.
Roanoke, VA 24016
Same
Same
Same
Same
Freddie Malcolm Neighbors
Route 2, Box 617
Fincastle, VA 24090
Same
Charles E. Weaver
4854 Side Track Road
Roanoke, VA 24012
Harvey & Geneve Harris
1102 Norfolk Avenue, S.W.
Roanoke, VA 24016
Harry Blake
1101 Salem Avenue, S.W.
Roanoke, VA 24016
Essex Watkins
1106 Lafayette Blvd., N.W.
Roanoke, VA 24017
Woodrow C. Hickman, Sr.
1010 Norfolk Avenue, S.W.
Roanoke, VA 24016
Thomas B. Blanton
P. O. Box 562
Roanoke, VA 24003
TO THE CITY CLERK OF THE CITY OF ROANOKE,
PERTAINING TO THE REZONING OF:
C!7¥ ~ : : ~':'
VIRGINIA
'92 F[~ 27 .~i! :~9
Request from Trustees of Jerusalem Baptist Church,
represented by J. Eugene Young, Pastor, that
property located on Norfolk and Salem Avenues, SW,
and llth Street, S.W., designated as official
tax nos. 1110801-1110804, inclusive, and 1110810,
be rezoned from LM to RM-2, conditional.
~AFFIDAVIT
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
TO-WIT:
The affiant, Martha Pace Franklin, first being duly sworn,
states that she is secretary to the Secretary of the City of
Roanoke Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that,
pursuant to the provisions of Section 15.1-341, Code of Virginia,
(1950), as amended, on behalf of the Planning Commission of the
City of Roanoke, she has sent by first-class mail on the 24th day
of February, 1992, notices of a public hearing to be held on the
4th day of March, 1992, on the rezoning captioned above to the
owner or agent of the parcels listed below at their last known
address:
Parcel
1110811
1110812
1110813
Ownert Aqent or Occupant
Freddie M. Neighbors
Charles E. Weaver
Jean A. Cadiche
Sharon A. Cadiche
Address
Route 2, Box 617
Fincastle, VA 24090
4854 Side Track Road
Roanoke, VA 24012
1211505
1211512
1110818
1110805
1110817
1212204
1110814
1110815
1110816
Harvey and Geneve Harris
Harry Blake
Essex Watkins
Woodrow C. Hickman, Sr.-Life Est.
Thomas B. Blanton
Walter and Elizabeth Beckner
Claudia Hubbard
1102 Norfolk Avenue
Roanoke, VA 24016
1101 Salem Avenue, SW
Roanoke, VA 24016
1106 Lafayette B1.
Roanoke, VA 24017
1010 Norfolk Avenue
Roanoke, VA 24016
P. O. Box 562
Roanoke, VA 24003
Route 5, Box 164
Salem, VA 24153
4032 Bendemeer Road
Salem, VA 24153
1110115
1110116
Annie Grace Clark
c/o William Fitzgerald
Donald Lewis Stuart
1033 Norfolk Avenue
Roanoke, VA 24016
2402 Clifton Avenue
Roanoke, VA 24017
1110117
1110118
1110119
1110120
1110121
1110126
1110122
1111401
1111402
1111403
1111404
Lawrence W. Mitchel
Mary Barksdale
T. C. Emmons
Mary Rosa Singleton
T. C. Emmons
Floyd Craft
Roger Lee and Shirley H. Ingram
William L. K. Churchill
~Mar th_a Pace°~Fr~
108 15th Street, SW
Roanoke, VA 24016
1636 Andrews Road, NW
Roanoke, VA 24017
1013 Norfolk Avenue
Roanoke, VA 24016
1015 Norfolk Avenue
Roanoke, VA 24016
1013 Norfolk Avenue
Roanoke, VA 24016
1011 Norfolk Avenue
Roanoke, VA 24016
2326 Sorrell Lane, SW
Roanoke, VA 24018
P. O. Box 137
Roanoke, VA
24002
SUBSCRIBED AND SWORN to before me, a Notary Public, in the
City of Roanoke, Virginia, this 24th day of February, 1992.
Notary Public
My Commission Expires:
/f
NOTICE OF PUBLIC HEARING BEFORE THE
COMMISSION
rr.~_~ 1 ~ ~-~ ~ ,~>~
TO WHOM IT MAY CONCERN:
ROANOKE CITY PLANNING
The Roanoke City Planning Commission will hold a public
hearing on Wednesday, March 4, 1992, at 1:30 p.m., or as soon
thereafter as the matter may be heard, in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, $.W., in order
to consider the following:
Request from Trustees of Jerusalem Baptist Church, represented
by J. Eugene Young, Pastor, that property located on Norfolk
and Salem Avenues, and llth Street, S.W., designated as
official tax nos. 1110801-1110804, inclusive, and 1110810, be
rezoned from LM, Light Manufacturing District, to RM-2,
Residential Multifamily, Medium Density District, such
rezoning to be subject to certain conditions proffered by the
petitioner.
A copy of said application is available for review in the
Office of Community Planning, Room 355, Municipal Building.
All parties in interest and citizens may appear on the above
date and be heard on the matter.
John R. Marlles, Agent
Roanoke City Planning Commission
Please run in newspaper on Tuesday, February 18, 1992
Please run in newspaper on Tuesday, February 25, 1992
Please bill:
Jerusalem Baptist Church
1014 Norfolk Avenue, S.W.
Roanoke, VA 24016
Please send an affidavit of publication to:
Office of Community Planning
Room 355, Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Office of the City Clerk
April 14, 1992
The Reverend J. Eugene Young, Pastor
Jerusalem Baptist Church
1014 Norfolk Avenue, S. W.
Roanoke, Virginia 24016
Dear Reverend Young:
I am enclosing copy of an invoice from the Roanoke Times & World-News for
advertising the notice of public hearing before the Roanoke City Council in
connection with your request that a tract of land located at 1014 Norfolk Avenue,
S. W., described as Lots 1 - 5, inclusive, Section 18, Map of Webb Addition, and
Lots 1 and 2, Section 17, Map of Webb Addition, Official Tax Nos. 1110801 - 1110804,
inclusive, and 1110810, be rezoned from LM, Light Manufacturing District, to RM-2,
Residential Multi-family, Medium Density District, subject to certain proffered
conditions.
Please remit your check, made payable to the City of Roanoke, in the amount of
$112.70, to the City Clerk's Office, Room 456, Municipal Building, 215 Church
Avenue, S. W., Roanoke, Virginia 24011-1536, by April 24, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sw
Enc.
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541
Office of the City Clerk
April 23, 1992
File #448
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30960-042092 authorizing an agreement with
Cox Cable Roanoke, Inc., for substitution of certain injection points on the
institutional cable distribution system and authorizing expenditure of up to
$10,000.00 of the capital equipment grant previously received from Cox Cable
Roanoke, Inc., for purchase of two character generators to improve communication
with citizens, as more particularly set forth in a report of the Chairman of the
Roanoke Valley Regional Cable Television Committee under date of April 13, 1992.
Ordinance No. 30960-042092 was adopted by the Council of the City of Roanoke on
first reading on Monday, April 13, .1992, also adopted by the Council on second
reading on Monday, April 20, 1992, and will take effect ten days following the date
of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
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gnc.
pc:
Mr. Robert E. Glenn, Attorney, Cox Cable Roanoke, Inc., P. O. Box 2887,
Roanoke, Virginia 24001
Mr. Bernard W. Langheim, Vice President/General Manager, Cox Cable
Roanoke, Inc., P. O. Box 13726, Roanoke, Virginia 24034
The Honorable Howard E. Musser, Chairperson, Regional Cable Television
Committee
Mr. Joel M. Schlanger, Director of Finance
Ms. M. Michelle Bono, Chairperson, Cable Television Equipment and FaciLities
Subcommittee
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541
Office of the City Clerk
April 23, 1992
File #448
Ms. Carolyn S. Ross
Clerk of Council
Town of Vinton
P. O. Box 338
Vinton, Virginia 24179
Dear Ms. Ross:
I am enclosing copy of Ordinance No. 30960-042092 authorizing an agreement with
Cox Cable Roanoke, Inc., for substitution of certain injection points on the
institutional cable distribution system and authorizing expenditure of up to
$10,000.00 of the capital equipment grant previously received from Cox Cable
Roanoke, Inc., for p. urchase of two character generators to improve communication
with citizens, as more particularly set forth in a report of the Chairman of the
Roanoke Valley Regional Cable Television Committee under date of April 13, 1992.
Ordinance No. 30960-042092 was adopted by the Council of the City of Roanoke on
first reading on Monday, April 13, 1992, also adopted by the Council on second
reading on Monday, April 20, 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
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541
certain institutional cable distribution system points as more
particularly set forth in the report to this Council from the
Chairman of the Roanoke Valley Regional Cable TV Committee dated
April 13, 1992.
2. The expenditure of up to $10,000.00 of the capital
equipment grant previously received from Cox Cable Roanoke, Inc.,
for the purchase of two character generators to improve
communication with citizens as more particularly set forth in the
report to this Council from the Chairman of the Roanoke Valley
Regional Cable TV Committee dated April 13, 1992, is hereby
approved and the City Manager is authorized to take appropriate
actions deemed to be in the City's best interest with regard to
such expenditure.
ATTEST:
City Clerk.
Roanoke, Virginia
'0'2 ~?' i3 ~_ /~ April 13, 1992
Honorable Mayor and City Council,
Roanoke, VA
Dear Members of Council:
Subject: Recommendations from the Roanoke Valley Regional Cable
Television Committee
I. Background
A new cable television franchise with Cox Cable Roanoke,
the City of Roanoke, Roanoke County and Vinton, went into
effect on May 1, 1991.
The franchise requires Cox Cable to construct an
institutional cable distribution system with 21 injection
points. Such points are physical locations where video
could be put onto the cable system live. The injection
points were recommended by the public access committee
consisting of staff from the city, county, Vinton and the
city and county school systems.
Roanoke County originally recommended several injection
points for its school system that are physically located
in Salem, and thus were not included in the franchise as
Salem is not served by Cox Cable. The result was that
the Roanoke County Schools had fewer school injection
points than the City schools and they were not located in
the most strategic places for the County's use. In
addition, the County wanted to change its insertion at
Cave Spring Rescue to Cave Spring Fire Station.
The franchise also requires Cox Cable to provide the
three governments with a $480,000 capital grant to be
used for equipment necessary for the operation of a
government/educational access studio. Roanoke County is
maintaining an interest-bearing custodial account for
these funds, of which $200,000 has been received to date.
An additional $100,000 is due May 31, 1992, an additional
$100,000 is due May 31, 1993, and the final $80,000 is
due May 31, 1994.
II. Current Situation
The Roanoke Valley Regional Cable Television Committee
met on April 7, 1992 and voted to recommend that four new
injection points be substituted for those points
previously specified in the franchise agreement. The
only impact on the City would be that the injection point
at Raleigh Court Library would be eliminated, which is
not not deemed necessary by staff as there is an inject-
ion point at the Main Library in Downtown Roanoke.
In addition, Cox Cable has confirmed in writing its
agreement to change the requested injection points. (See
letter, Attachment A)
At the same meeting, the Cable TV Committee voted to
authorize the expenditure of up to $10,000 from the
capital grant to be utilized for the purchase of two
character generators. This equipment would allow the
three governments and their school systems to begin
running messages concerning government related events and
services on Cox Cable Channel 17, which is the government
access channel. This would provide another mechanism for
providing information on government to the citizens.
The Cable TV Committee has no authority to expend funds
or make changes in the franchise without the approval of
all three governments. Similar recommendations are being
presented to the Vinton Town Council and Roanoke County
Board of Supervisors.
III. Recommendation
cc:
That City Council authorize the change in injection points and
the purchase of two character generators with funds from the
capital equipment grant, and authorize the City Manager to
take the appropriate necessary actions.
Respe~fully Submitted,
Howard E. Musser, chairman
Roanoke Valley Regional Cable
Television Committee
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mrs. Mary M. Parker, City Clerk
CoxCable
Roanoke. Inc.
March 17, 1992
Cox Cable Roanoke, Inc.
1909Salem Avenue S.W.
P.O. Box 13726
Roanoke, Virginia 24036
Ms. Michelle Bono, Public Information Officer
Chairman, CATV Equipment and Facilities Subcommittee
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011
Re: Franchise Agreement Institutional Cable Distribution
System Injection Points Substitutions
Dear Ms. Bono:
In the meeting on March 13, 1992, the Equipment and Facilities Subcommittee made
a request to make changes/substitutions in the Franchise Agreement with regard to injection
points for the Institutional System. A list of the requested changes are attached. Please
review this list for accuracy.
We are very willing to accommodate the changes as requested; however, our concern
is timing. The engineering and design of our system is presently underway to be upgraded
to 450 MHz (62 channels capable). The fiber optics network for the Institutional System
will be designed and constructed simultaneously with the system upgrade; therefore, exact
locations are imperative. We will begin our construction May 4, 1992, with completion
scheduled within thirty months. Our plans are to begin work in the Southwest portion of
our system, from our headend to the system extremity.
Ms. Michelle Bono Page Two
In order to not delay the system upgrade and enable us to meet the franchise
requirements, we would respectively request approval for the injection point substitutions
by April 10, 1992. Although this will require adjustments in our system design and
engineering, we feel we can accommodate the changes as requested.
The franchise agreements with each of the governments specify the location of the
injection points and accordingly appear to require amendment to satisfy your request. We
would not want to make the design changes if there were any chance that the governments
would not approve the amendments. Perhaps your attorney should speak to our attorney,
Bob Glenn, regarding the actions to be taken.
We look forward in continuing to work very closely with you in this very important
project. If I may be of further assistance, please don't hesitate to contact me.
Sincerely,
Bernard W. Langheim
Vice President / General Manager
BWL/sp
Enclosure
cc: Mr. Robert E. Glenn, Attorney - Glenn, Flippin, Feldmann & Darby
Mr. Howard E. Musser, Chairman - Regional Cable Television Committee
Mr. Johnny W. Benson, Plant Operations Manager - Cox Cable Roanoke, Inc.
INSTITtYrlONAL CABLE DISTRIBUTION SYSTEM
INJECTION POINTS
EXHIBIT A
1)
2)¸
3)
4)
5)
6)
7)
8)
9)
10)
Va. Western Comm. College
3095 Colonial Ave.
Roanoke, VA
Patrick Henry High ~Schooi
2102 Grandin Rd.
Roanoke, VA
Governors School
2102 Grandin Rd.
Roanoke, VA
Roanoke City Main Library
706 Jefferson St.
Roanoke, VA
Roanoke' Municipal Bldg./
Police Department
215 Church Ave.
309 - 3rd St.
Roanoke, VA
Old Jefferson High School
500 Block Campbell Ave.
Roanoke, VA
Roanoke City School Admin. Bldg.
40 Douglas Ave.
Roanoke, VA
Roanoke Airport
Main Terminal
Roanoke, VA
William Fleming High School
3649 Ferncliff Ave.
Roanoke, VA
WBRA Public TV
1215 McNeil Dr.
Roanoke, VA
Raleigh Court Library
2112 Grandin Rd.
Roanoke, VA
12)
13)
14)'
15)
16)
17)
18)
19)
20)
21)
Roanoke Civic Center
710 Williamson Rd.
Roanoke, VA
William Byrd High School
2902 Washington Ave.
Vinton, VA
Roanoke County Career Center
Old William Byrd High School
Vinton, VA
(Potential - Studio Location)
Vinton War Memorial
Vinton, VA
Vinton City Hall.
311 S. Pollard St.
Vinton, VA
Roanoke County Main Library
3131 Electric Rd.
Roanoke, VA
Hidden Valley Jr. High School
4902 Hidden Valley School
Roanoke, VA
South View Public Safety
3568 Peters Creek Rd.
Roanoke, VA
Roanoke County Admin. Bldg.
Brambleton Ave.
Roanoke, VA
Cave Spring Rescue
Bramblet0n Ave.
Roanoke, VA
-3-
FRANCHISE AGRF~F~MF. NT
REQUESTED CHANGES TO INJECTION POINTS
Exhibit A
Number 11
Cave Spring Junior High School
4880 Brambleton Ave., S.W.
Roanoke, VA 24018
· Number 13
William ByrdMiddle School
2910Washington Ave.
Vinton, VA 24179
· Number 14
Roanoke County Occupational School
5937 Cove Road, N.W.
Roanoke, VA 24019
· Number 21
Cave Spring Fire Station
4212 Old Cave Spring Rd., S.W.
Roanoke, VA 24018
COUNTY ADMINISTRATOR
P.O. BOX 29800
ROANOKE, VIRGINIA 24018-0798
April 30, 1992
BOARD OF SUPERVISORS
(703) 772-2005
The Honorable Howard Mueser, Chairman
Roanoke Valley Regional Cable Television Committee
215 Church Avenue, S.W.
Roanoke, VA 24011
Dear Mr. Musser:
Attached is a copy of Ordinance No. 42892-10 authorizing an
amendment to the Roanoke Valley Cable Television Ordinance by
amending Exhibit A of the Cable Television Franchise Agreement to
provide for changes in certain institutional cable distribution
system injection points. This resolution was adopted by the Board
of Supervisors at their meeting on Tuesday, April 28, 1992.
If you need further information, please do not hesitate to contact
me.
Sincerely,
bjh
Enclosure
oc:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
Paul M. Mahoney, County Attorney
Anne Marie Green, Information Officer, County Representative
W. C. Dibling, Jr., Roanoke City Attorney
Mary F. Parker, Clerk, Roanoke City Council
Carolyn S. Ross, Clerk, Town of Vinton
AT A REGULARMEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 28, 1992
ORDINANCE 42892-10 AUTHORIZINGANAMENDMENTTO
THE ROANOKE VALLEY C~BLE TELEVISION ORDINANCE,
BY ~MENDING EXIBIT A OF THE CABLE TELEVISION
FI~NCHISE AGREEMENT TO PROVIDE FOR CI~NGES IN
CERTAIN INSTITUTIONAL CABLE DISTRIBUTION
SYSTEM INJECTION POINTS
WHEREAS, on April 23, 1991,the Board of Supervisors of Roanoke
County, Virginia adopted Ordinance No. 42391-15, which enacted the
Roanoke Valley Cable Television Ordinance for Roanoke County, and
which authorized the County Administrator to execute the Cable
Television Franchise Agreement on behalf of the County; and,
WHEREAS, the Equipment and Facilities Subcommittee of the
Roanoke Valley Regional Cable Televison Committee recommends that
Exhibit A of the Cable Television Franchise Agreement be amended to
change certain injection points as provided therein; and,
WHEREAS, the Roanoke Valley Regional Television Committee
unanimously agrees with and recor~nends these changes to the local
governments parties to this agreement; and,
WHEREAS, the first reading of this ordinance was held on April
14, 1992, and the second reading of this ordinance was held on
April 28, 1992.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, as follows:
1) That the Roanoke Valley Cable Television Ordinance,
Ordinance No. 42391-15, adopted on April 23, 1991, is hereby
amended, including the Cable Television Franchise Agreement, and
that the County Administrator is hereby authorized to execute an
amended franchise agreement and such other documents as may be
necessary to accomplish the purposes of this ordinance.
2) That the amendment authorized by this ordinance pertains
to Exhibit A of the Cable Television Franchise Agreement, and the
identification of certain Institutional Cable Distribution System
Injection Points (those places where live programming may be
injected into the Cox Cable System). Exhibit A, with amendments,
is attached hereto and incorporated herein by reference.
3) That this ordinance shall be in full force and effect on
and after April 28, 1992.
On motion of Supervisor Nickens to adopt the ordinance, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy,
NAYS: None
A COPY TESTE:
cc:
Brenda J. H~lton, Deputy Clerk
Roanoke County Board of Supervisors
File
Paul M. Mahoney, County Attorney
Anne Marie Green, Information Officer, County Representative
The Honorable Howard Musser, Chairman, Regional Cable
Television Committee
W. C. Dibling, Jr., Roanoke City Attorney
Mary Parker, Clerk, Roanoke City Council
Carolyn Ross, Clerk, Town of Vinton
Office of the City Clerk
April 23, 1992
File #60-258
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30966-042092 amending and reordaining certain
sections of the 1991-92 General and Capital Funds Appropriations, providing funds
in the amount of $100,000.00 to be used in connection with the Conference Center
Project. Ordinance No. 30966-042092 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, April 20, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
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pc: Mr. W. Robert Herbert, City Manager
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541
ZN THE COUNCIL OF THE CZTY OF ROANOKE;
The 20th day of April, 1992.
No. 30966-042092.
VIRGiNiA
AN ORDINANCE to
1991-92 General and
for an emergency.
WHEREAS, for the
Government of the City
exist.
amend and reordain certain sections of the
Capital Funds Appropriations, and providing
usual daily operation of the Municipal
of Roanoke, an emergency is declared to
THEREFORE, BE IT ORDAINED by the Council of the
Roanoke that certain sections of the 1991-92 General and
Funds Appropriations, be, and the same are hereby,
reordained to read as follows, in part:
A ro r'at'ons
Nondepartmental
Transfers to Other Funds (1-2) .....................
A ro iations
General Government
Conference Center (3) ..............................
City of
Capital
amended and
$12,440,829
10,680,070
$10,997,716
215,000
1) Transfer to
Debt Service
Fund
2) Transfer to
Capital Fund
3) Appropriated
from General
Revenue
(001-004-9310-9512)
(001-004-9310-9508)
(008-052-9653-9003)
$(100,000)
100,000
100,000
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.