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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 STREET7 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: ,$ /40 /11~803 /3O · 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 MFP: sw 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 MFP: sw Enc o 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.