Loading...
HomeMy WebLinkAboutCouncil Actions 09-28-92FITZPATRICK (31200) REGULAR WEEKLY SESSION ROANOKE CIIT COUNCIL September 28, 1992 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order-- Roll Call. AU ~sent. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Presentofion of gifts by the Mayor to Mr. Gwela Jakandango of Kisumu, Kenya. BID OPENINGS Bids for alterations to Numbers 1, 4 and 9 Aeration Basins at the Water Pollution Control Plant. Five bids were referred to a committee composed of Messrs. William White, Sr., Chairperson, William F. Clark and Kit B. Kiser for tabulation, report and recommendation to Council. B. Bids for sanitary sewer replacement on Oakland Boulevard, N. E., between Frontier Road and Crittendon Avenue. Three bids were referred to a committee composed of Messrs. Williatn White, Sr., Chairperson, William F. Clark and Kit B. Kiser for tabulation, report and recommendation to Council. CONSENT AGENDA C-1 C-2 (APPROVED 7-0) ALL MATFERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF C1TY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM, OR FORMS, LISTED BEI.OW. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meeting of Council held on Monday, May 4, 1992; the Personnel Committee meeting held on Wednesday, May 6, 1992; the regular meetings of Council held on Monday, May 11, and Monday, May 19, 1992; the Personnel Committee meeting held on Tuesday, May 26, 1992; and the regular meeting of Council held on Tuesday, May 26, 1992. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from Vice-Mayor Beverly T. Fitzpatrick, Jr., requesting an Executive Session to discuss expansion of an existing industry when no previous announcement has been made of the industry's interest in expanding in the community, specifically to discuss inducements being offered to such business or industry to expand in this community, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. 2 C-3 C-4 RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss expansion of an existing industry when no previous announcement has been made of the industry's interest in expanding in the community, specifically to discuss inducements being offered to such business or industry to expand in this community, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. A report of the City Manager requesting an Executive Session to discuss disposition of publicly held property, in connection with the expansion of an existing business when no previous announcement has been made of the business' interest in expanding in the community, specifically the possible conveyance of an interest in land for economic development purposes, pursuant to Section 2.1-344 (A)(3) and Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss disposition of publicly held property, in connection with the expansion of an existing business when no previous announcement has been made of the business' interest in expanding in the community, specifically the possible conveyance of an interest in land for economic development purposes, pursuant to Section 2.1-344 (A)(3) and Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. A report of the City Manager requesting an Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being a claim for final payment under a contract for work performed at the Roanoke Civic Center, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. C-5 C-6 RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being a claim for final payment under a contract for work performed at the Roanoke Civic Center, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. A report of the City Manager requesting an Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, specifically being the terms and conditions of various agreements and related documents, all in connection with the Hotel Roanoke Project. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, pursuant to Section 2.1- 344 (A)(7), Code of Virginia (1950), as amended, specifically being the terms and conditions of various agreements and related documents, all in connection with the Hotel Roanoke Project. Qualification of Ms. Linda Atkinson to fill the unexpired term of Dr. Ruth S. Appelhof, resigned, ending June 30, 1993, and Ms. Ann D. Masters for a term ending June 30, 1995, as members of the Roanoke Arts Commission. C-7 RECOMMENDED ACTION: Receive and file. Qualification of Mr. Michael W. Ridenhour as a member of the Advisory Board of Human Development to fill the unexpired term of Ms. Lois B. Eary, ending November 30, 1992. RECOMMENDED ACTION: Receive and file. C-8 Qualification of Ms. Melinda J. Payne as a member of the Roanoke Civic Center Commission to fill the unexpired term of Mr. Delvis O. McCadden, ending September 30, 1994. RECOMMENDED ACTION: Receive and file. C-9 Qualification of Mr. Robert W. Glenn, Jr., as a Commissioner of the City of Roanoke Redevelopment and Housing Authority Board of Commissioners for a term of four years ending August 31, 1996. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 3. HEARING OF CITIZF. NS UPON PUBLIC MATTERS: ao Request to address Council on behalf of the Roanoke River Basin Association with regard to the control and utilization of waters of the Roanoke River and its tributaries in Virginia and North Carolina. Mr. Allan A. Hoffman, M.D., President. Referred to the City Manager for study, report and recommendation to Council. bo Request to address Council with regard to zebra mussels at Carvins Cove. Mr. M. P. Ratcliff, Spokesperson. 4. PETITIONS AND COMMUNICATIONS: ao A communication from the Roanoke City School Board requesting appropriation of funds to certain school grant accounts. Adopted Budget Ordinance No. 31200-092892. (7-0) 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: 1. A report with regard to City of Roanoke traffic engineering. Received and filed. ITEMS RECOMMENDED FOR ACTION: A report recommending acceptance of a grant, in the amount of $3,000.00, from the Transportation Safety Division of the Virginia Department of Motor Vehicles, representing reimbursement for expenses incurred in connection with operation of the D.A.R.E. Camp; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31201-092892 and Resolution No. 31202-092892. (7-0) o A report recommending execution of a real estate option with the owners of property located at 1519 Campbell Avenue, S. W., under the Homeownership Assistance Program. Adopted Ordinance No. 31203--092892. (7-0) A report recommending transfer of funds, in the amount of $45,000.00, to meet anticipated expenditures in connection with approved highway projects. Adopted Budget Ordinance No. 31204-092892. (7-0) A report recommending appropriation of funds, in the amount of $119,626.00, received from the Virginia Department of Emergency Services for flood clean-up and repair work resulting from flooding conditions on April 21-22, 1992. Adopted Budget Ordinance No. 31205--092892. (7-0) A report recommending transfer of $883,131.00 from the General Fund to the appropriate Capital Project Fund in connection with the Roanoke River Flood Reduction project. Adopted Budget Ordinance No. 31206--092892. (7-0) b. DIRECTOR OF FINANCE: 1. A financial report for the month of August, 1992. Received and filed. 6. REPORTS OF COMMITFEES: None. 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF Ordinance No. 31176, on second reading, authorizing issuance of not to exceed $2,250,000.00 General Obligation School Bonds, Series 1992, of the City of Roanoke, Virginia, to be sold to the Virginia Public School Authority and providing for the form and details thereof. Adopted Ordinance No. 31176-092892. (7-0) 7 Ordinance No. 31177, on second reading, amending Section 36.1-345, District regulations; certificate of appropriateness; Section 36.1-552, Uses permitted by special exception by the addition of new subsection (g); Section 36.1-553, General standards, by the addition of new subsection (b); Section 36.1-641, Powers generally by the addition of new subsection (e); and subsections (a) and (d) of Section 36.1-710, Fees generally; of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, and adding new Section 36.1-59, Outdoor storage; Section 36.1-78, Outdoor storage, Section 36.1-95, Outdoor storage, Section 36.1-113, Outdoor storage, Section 36.1-133, Outdoor stora, g~, Section 36.1-152, Outdoor stora_g_q, to Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, said amendments and additions to clarify and make consistent with the State Code certain sections, to permit special uses for historic structures, to improve communication between the board and affected areas, to eliminate the necessity of amending the zoning ordinance each time a fee is changed, and to prohibit outside storage in residential areas to ensure more effective enforcement. Adopted Ordinance No. 31177-092892. (7-0) 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Council approved the form of a pension opinion request and voted to retain the law firm of Williams, Mullen, Christian and Dobbins to issue the required opinion, pursnant to action taken at a regular meeting of Council held on Monday, September 14, 1992. The City Manager was requested to report to Council providing details with regard to other localities the size of Roanoke or larger, located in the state of Virginia, that provide nursing home facilities for citizens. Vacancies on various authorities, boards, commissions and committees appointed by Council. 8 10. OTI-IF.R I-IF~ARINGS OF CITIZENS: CERTIFICATION OF EXECUTIVE SESSION. (6-0) Reappointed Timothy L. Jamieson as a member of the Architectural Review Board. 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 SANDRA H. EAKIN Deputy City Clerk September 30, 1992 File #27 Mr. William White, Sr., Chairperson ) Mr. William F. Clark ) Committee Mr. Kit B. Kiser ) Gentlemen: The following bids for alterations to Nos. 1, 4 and 9 Aeration Basins at the Water Pollution Control Plant, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, September 28, 1992: BIDDER BASE BID Breakell, Inc. Acorn Construction, Ltd. Aaron J. Conner General Contractor, Inc. S. C. Rossi and Co., Inc. H. Hamner Gay and Co., Inc. $141,795.00 144,800.00 145,272.00 179,480.00 234,000.00 On motion, duly seconded and unanimously adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: sw pc: Mr. Wilburn C. Dibling, Jr., City Attorney MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 30, 1992 File #27 Mr. William White, Sr., Chairperson ) Mr. William F. Clark ) Committee Mr. Kit B. Kiser ) Gentlemen: The following bids for sanitary sewer replacement on Oakland Boulevard, N. E. between Frontier Road and Crittendon Avenue, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, September 28, 1992: BIDDER BASE BID S. C. Rossi and Co., Inc. Aaron J. Conner General Contractor, Inc. E. C. Pace Co., Inc. $29,400.00 32,630.00 32,999.00 On motion, duly seconded and unanimously adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: sw pc: Mr. Wilburn C. Dibling, Jr., City Attorney MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE Roanoke, Virginia September 28, 1992 Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss expansion of an existing industry when no previous announcement has been made of the industry's interest in expanding in the community, specifically to discuss inducements being offered to such business or industry to expand in this community, pursuant to Section 2.1-344(A)(5), Code of Virginia (1950), as amended. Very truly yours, Beverly T. Jr. Chairman, Economic Development Commission BTFj:sm cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Brian J. Wishneff, Chief, Economic Development & Grants Mary F. Parker, City Clerk Roanoke, Virginia September 28, 1992 Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss disposition of publicly held property, in connection with the expansion of an existing business when no previous announcement has been made of the business' interest in expanding in the community, specifically the possible conveyance of an interest in land for economic development purposes, pursuant to Section 2.1-344(A)(3) and Section 2.1-344(A)(5), Code of Virginia (1950), as amended. Respectfully submitted, W. Robert Herbert City Manager WRH:mp cc: Wilburn C. Dibling, Jr., City Manager Joel M. $chlanger, Director of Finance Brian J. Wishneff, Chief of Economic Development Mary F. Parker, City Clerk Roanoke, Virginia September 28, 1992 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: I request that Council convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel being a claim for final payment under a contract for work performed at the Roanoke Civic Center pursuant to Section 2.1-344(A)(7), Code of Virginia (1950), as amended. Respectf~2~ly submittgd~ W. Robert Herbert City Manager WRH:WFC:pr cc: City Attorney Director of Finance Director of Public Works September 28, 1992 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel pursuant to §2.1-344(A)(7), Code of Virginia (1950), as amended, specifically being the terms and conditions of various agreements and related legal documents, all in connection with the Hotel Roanoke Project. Very truly yours, W. Robert Herbert City Manager WRH:shm cc: Mary F. Parker, City Clerk Wilburn C. Dibling, Jr., City Attorney MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room ,*56 Roanoke, Virginia 2dOl 1 Telephone: (703) 981-2541 SANDRA H. EAK1N Deputy City Clerk September 30, 1992 File #15-230 Ms. Mimi Hodgin, Chairperson Roanoke Arts Commission 805 Virginia Avenue Salem, Virginia 24153 Dear Ms. Hodgin: This is to advise you that Linda Atkinson, appointed to fill the unexpired term of Dr. Ruth S. Appelhof, and Ann D. Masters have qualified as members of the Roanoke Arts Commission, for terms ending June 30, 1993, and June 30, 1995, respectively. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: sw pc: Ms. Joyco A. Sink, Secretary, Roanoke Arts Commission 0-2 ^m mot o ,~ta~ o$ Vi~'ginia, C'it~l o~ Roanoke, ~o I, Linda Atkins0n do solemnly swear (or affirm) that will support the Constitution of the United States, and the Constitution of the State of Virginia, and that will faithfully and impartially discharge and perform all the duties incumbent upon me as member of the Roanoke Arts Commission, to fill the unexpired term of Dr. Ruth S. Appelhof, resigned, ending June 30, 1993. according to the best of my ability. Subscribed and sworn to before me, this 0-2 ~ Oath or Affirmatio of Offi e ~tate o] Virginia, Oit~ o] Roanoke, to Ann D. Masters , do solemnly swear (or ~irm) tlmt I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perfom all the duties incumbent upon me as a member of the Roanoke Arts Commission, for a term ending June 30, 1995. according to the best of my ability. So help me God. Subscribed and sworn to before me, thi~ MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 30, 1992 File #15-72 The Reverend Frank W. Feather Chairperson Advisory Board of Human Development P. O. Box 6297 Roanoke, Virginia 24017 Dear Reverend Feather: This is to advise you that Michael W. Ridenhour has quaiified as a member of the Advisory Board of Human Development, to fill the unexpired term of Lois B. Eary, ending November 30, 1992. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: sw pc: Mr. James D. Ritchie, Director, Human Development 0-2 Oath or Affir atiem of;Office Stat~ o] Firginia, Oitll o~ Roanoke, to .~vit: I, Michael W. Ridenhgur . do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform ali the duties incumbent upon me as a member of the Advisory Board of Human Development, to fill the unexpired term of Lois B. Eary, ending November 30, 1992. according to the best of my ability. So help me God. ~u~scribed ,nd sworo to b~for¢ mc, th,, / 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 SANDRA H. EAKIN Deputy City Clerk September 30, 1992 File #15-192 Mr. John S. Edwards, Chairperson Roanoke Civic Center Commission 3745 Forest Road, S. W. Roanoke, Virginia 24015 Dear Mr. Edwards: This is to advise you that Melinda J. Payne has qualified as a member of the Roanoke Civic Center Commission, to fill the unexpired term of Delvis O. McCadden, ending September 30, 1994. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: sw pc: Mr. Bob E. Chapman, Manager, Civic Center Facilities Ms. Vivian D. Nelson, Secretary, Roanoke Civic Center Commission 0-2 Oath or Affirmation of Office T 8~ o~ Virginia, ~i~ o~ Roanoke, to.~i~: I, Me1 i ndo J. P~yne . do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Civic Center Commission, to fill the unexpired term of Delvis O. McCadden, ending September 30, 1994. according to the best of my ability. So help me God. ,~/~j~]~ (. Subscribed and sworn to before ~ne, this I.~ ~day of ~_ Deputy Clerk Oath or Affirrn tlo Of 'Office Stat~ of Virginia, Git~] of Roanoke, to-wit: I, Robert W. Glenn, Jr. , do solemnly swear (or affim) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, ~nd that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the City of Roanoke Redevelopment and Housing Authority, Board of Commissioners, for a term of four years ending August 31, 1996. nccording to the best of my ability. So help me God. Subscribed and sworn to before me, this 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 SANDRA H. EAKIN Deputy City Clerk September 30, 1992 File #468B 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, September 28, 1992, Dr. Allan A. Hoffman, President, Roanoke River Basin Association addressed Council with regard to the control and utilization of waters of the Roanoke River and its tributaries in Virginia and North Carolina. On motion, duly seconded and unanimously adopted, the matter was referred to you for study, report and recommendation to Council. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: sw pc: Dr. Allan A. Hoffman, President, Roanoke River Basin Association, P. O. Box 146, Danville, Virginia 24543 Sandra S. Crump P. O. Box 92 Chase City, VA 23924 Roanoke River Basin AsSociation Preeident 'G? ?"' ! ~ Allan A. Hof~m~n, M. D. P. O. Box 146 Danville, VA 24543 August 11, 1992 Secretary John O. Berry P.O. Box845 Uttleton, NC 27850 Ms. Mary Parker City Clerk's Office Room 456 215 Church Avenue Roanoke, VA 24011 Dear Ms. Parker: As President of the Roanoke River Basin Association, I would like to request scheduling of an appearance before the Roanoke City Council at their afternoon meeting, 28 September, 1992. My presentation should take 15-20 minutes. I have an appointment to meet with Mr. Kit Kiser at 11 AM. Thank you very much for your consideration. Sincerely, AAH/psw cc: Mr. Kit Kizer, Director of Utilities City of Roanoke 215 Church Avenue Roanoke, VA 24011 M.D. ~F? 21 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 SANDRA H. EAKIN Deputy City Clerk September 30, 1992 File #60-467 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 31200-092892 amending and reordaining certain sections of the 1992-93 Grant, General and Capital Fund Appropriations, providing for appropriation of funds to the following school grant accounts: $8,500.00 - Fire damage repairs to William Fleming High School and replacement of furniture and equipment; $16,512.00 - Artist in Education Program; $3,928.00 - Audio-visual Equipment Program; $1,000.00 - Let's Talk Program; and $256,296.00 - Project YES Program. Ordinance No. 31200-092892 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 28, 1992. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: sw Eric pc: Mr. Finn D. Pincus, Chairperson, Roanoke City School Board, 1116 Winchester Avenue, S. W., Roanoke, Virginia 24015 Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Mr. W. Robert Herbert, City Manager Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th day of September, 1992. No. 31200-092892. AN ORDINANCE to amend and reordain certain sections of the 1992-93 Grant, General and Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the city of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 Grant, General and Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Grant Fund Appropriations Education Artist in Education 92-93 (1-2) ..................... Audio-Visual Equipment (3) .......................... Let's Talk 92-93 (4) ................................ Project YES 92-93 (5-10) ............................ Revenue $ 24,268,048 16,512 3,928 1,000 256,296 Education $ 24,268,048 Artist in Education 92-93 (11-12) ................... 16,512 Audio-Visual Equipment (13) ......................... 3,928 Let's Talk 92-93 (14) ............................... 1,000 Project YES 92-93 (15) .............................. 256,296 General Fund Appropriations Education General Support {16) ................................ Instruction (17-18) ................................. $ 69,251,279 13,163,088 50,623,393 Other Uses of Funds (19) ............................ Nondepartmental Transfers to Other Funds (20) ....................... Revenue Miscellaneous Revenue Insurance Recoveries (21) ........................... Capital Fun~ Appropriations Education William Fleming Fire Damage (22) .................... 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) Contracted Artists Instructional Supplies Audio-Visual Equipment Field Trips Guidance Counselors Instructional Aides Social Security State Retirement Health Insurance Group Life Insurance Local Match Federal Grant Receipts Donation Contributions State Grant Receipts Replacement Machinery and (035-060-6816-6201-0381) $ 14,000 (035-060-6816-6201-0614) 2,512 035-060-6998-6318-0821) 3,928 035-060-6999-6000-0583) 1,000 035-060-6900-6315-0123) 114,806 035-060-6900-6315-0141) 66,221 035-060-6900-6315-0201) 13,849 035-060-6900-6315-0202) 20,565 035-060-6900-6315-0204) 39,225 035-060-6900-6315-0205) 1,630 035-060-6816-1101) 9,500 (035-060-6816-1102) 7,012 (035-060-6998-1103) 3,928 (035-060-6999-1103) 1,000 (035-060-6900-1100) 256,296 Equipment (001-060-6002-6681-0801) Matching Funds (001-060-6001-6201-0588) Matching Funds (001-060-6001-6301-0588) Transfer to Grant Fund (001-060-6005-6999-0911) ( 1,000) ( 4,750) ( 4,750) 9,500 $ 1,358,993 11,603,902 11,133,466 $ 266,060 7,600 $12,674,333 8,500 20) Transfer to Capital Fund 21) Insurance Recoveries 22) Appropriation from General Revenue (001-004-9310-9508) $ 8,500 (001-020-1234-0862) 7,500 (008-060-6079-6896-9003) 8,500 BE IT FURTHER ORDAINED that, an emergency Ordinance shall be in effect from its passage. existing, this ATTEST: city Clerk. September 28, 1992 TO: FROM: SUBJECT: Honorable Mayor and Members of city Council Joel M. Schlanger, Director of Finance School Board Request for the Appropriation of Grant Funds and Capital Funds I have reviewed the attached request to appropriate funding for the School Board. This report will appropriate funding for four grants in the Grant Fund. These grants are funded with federal and state funds and contributions. In addition to this, the Artist in Education grant will receive a local match of $9,500. Funding for the local match is available in the General Fund budget in the following accounts: · Matching Funds (001-060-6001-6201-0588) $4,750 · Matching Funds (001-060-6001-6301-0588) 4,750 $9,500 This report will also appropriate $8,500 in the Capital Projects Fund for fire damage repairs to William Fleming High School and the replacement of furniture and equipment. Funding is provided from insurance recoveries and a $1,000 local match. The local match is available in account 001-060-6002-6681-0801. I recommend that you concur with the request of the School Board. JMS:pac ,~ Finn D. Pincus, Chairman Charles W. Day, Vice Chairman Marilyn C. Curtis -Roanoke City School Board C. Nelson Harris Martha W. O'Neil Clubert G. Poff James M. Turner, Jr. Frank P. Tota, Superintendent Richard L. Kelley, Clerk of the Board P.O. Box 13145, Roanoke, Virginia 24031 · 703-981-2381 · Fax: 703-981-2951 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 September 16, 1992 Dear Members of Council: As the result of official School Board action at its September 15, 1992 meeting, the Board respectfully requests City Council to appropriate funds to the following school grants: Grant No. 6079 - $8,500.00 for the cost to repair fire damage to William Fleming High School and the replacement of furniture and equipment. Funds will be provided in the amount of $7,500.00 from insurance proceeds and $1,000.00 local match. Grant No. 6816 - $16,512.00 for the Artist in Education program to provide funds for the enhancement of the district's arts program by bringing experts into the schools for student workshops. The program will be reimbursed in the amount of $7,012.00 by federal funds and local match in the amount of $9,500.00. Grant No. 6998 - $3,928.00 for the audio-visual equipment program to provide for the purchase of equipment to be used in school media centers. The program has been funded by the receipt of a donation from Cox Cable Company, Roanoke. Grant No. 6999 - $1,000.00 for the Let's Talk Program to provide enrichment for economically disadvantaged students through educational field trips. The funding will be provided through community donations. Grant No. 6900 - $256,296.00 for the Project YES program to identify, assess, evaluate and provide assistance for at-risk sixth and ninth grade students who are potential dropouts. The program will be reimbursed one hundred percent by state funds. Sincerely, Richard L. Kelley Clerk of the Board and Executive for Business Affairs rg CC: Mr. Finn D. Pincus Dr. Frank P. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy Mr. W. Robert Herbert ,~lr. Wilburn C. Dibling r. Joel M. Schlanger (with accounting details) Excellence in Education RO~IOKE CI~/ SCIIO01, BOARD Roanoke, Virginia APPROPRIATION REQUEST William Fleming Fire Damage 6079 008-060-6079-6896-0801 008-060-6079-6896-0851 Appropriation Unit ZMU Equipment Replacement Alterations to Buildings $ 500.00 $ 8,000.00 $ 8,500.0___~0 001-020-1234-0862 008-060-6079-9003 Insurance Recoveries Local Match $ 7,500.00 1,000.00 $ 8,500.00 The cost of the repair of fire damage to William Fleming High School and the replacement of furniture and equipment will be recovered by insurance policy recoveries. The emergency repairs to the structure have been completed, and insurance proceeds will be received after furniture and equipment have been replaced. Local match in the amount of $1,000 will be provided from capital outlay account number 001-060-6002-6681-0801. September 15, 1992 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REOUEST Artist in Education 92-93 6816 035-060-6816-6201-0381 035-060-6816-6201-0614 Appropriation Unit ZSJ Contracted Artists Instructional Supplies $ 14,000.00 2,512.00 $ 16,512.00 035-060-6816-1101 035-060-6816-1102 Local Match Federal Grant Receipts $ 9,500.00 7,012.00 $ 16,512.00. The Artist in Education program provides funds [or the enhancement of the district's arts program by bringing experts into the schools for student workshops. The program is reimbursed in the amount of $7~012 by federal funds. Local match in the amount of $9,500 will be provided from accounts 001-060-6001-6201-0588 ($4,750) and 001-060-6001-6301-0588 ($4,750). The program will end June 30, 1993. September 15, 1992 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Audio-Visual gquilment 6998 035-060-6998-6318-0821 Appropriation Unit ZgR Audio-Visual Equipment $ __3,928.0~ 035-060-6998-1103 Donation $ __3,928.0__0 The Audio-Visual Equipment program will provide for the purchase of equipment to be used in school media centers. The program has been funded by the receipt of a donation from Cox Cable Company, Roanoke. The program will end June 30, 1993. September 15, 1992 RO~J~OKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST 5et*s Talk 92-93 6999 035-060-6999-600070583 Appropriation Unit Z9S Field Trips $ _1,000.00 035-060-6999-1103 Contributions $ 1,000.00 The Let's Talk Program will use community donations to provide enrichment economically disadvantaged students through educational f~eld trips. The program will operate September 1, 1992 through June 30, 1993. September 15, 1992 ROANOKE CITY SCHOO5 BOARD Roanoke, Virginia APPROPRIATION REQUEST Project YES 92-93 6900 035-060-6900-6315-0123 035-060-6900-6315-0141 035-060-6900-6315-0201 035-060-6900-6315-0202 035-060-6900-6315-0204 035-060-6900-6315-0205 Appropriation [Init Z9T Guidance Counselors Instructional Aides Social Security State Retirement Health Insurance State Group Life Insurance 114,806.00 66,221.00 13,849.00 20,565.00 39,225.00 1,630.00 $ 256,296.00 035-060-6900-1100 State Grant Receipts 256,296.00 The Project YES (Youth Experiencing Success) program will identify, assess, evaluate and provide assistance for at-risk sixth and ninth grade students who are potential dropouts. The program is one hundred percent reimbursed by state funds. The program will end June 30, 1993. September 15, 1992 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2A011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 30, 1992 File #20 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to City of Roanoke traffic engineering, was before the Council of the City of Roanoke at a regular meeting held on Monday, September 28, 1992. On motion, duly seconded and unanimously adopted, the report was received and filed. Council requested that you investigate traffic flow and traffic control measures at the following intersections: 24th Street, N. W., at Melrose Avenue, Salem Turnpike and Shenandoah Avenue; Elm Avenue, S. E., at Community Hospital of Roanoke Valley; Gus Nicks Boulevard, N. E., at Richard Avenue; and Route 460 East. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: sw September 28, 1992 Roanoke, Virginia Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: SUBJECT: Briefing - City of Roanoke Traffic Engineering I. Backqround: Traffic enqineering is broadly defined as promoting the safe and efficient movement of people and goods. Unlike most engineering disciplines, traffic engineering deals with problems which are not only dependent on physical factors but very often include the human behavior of the driver and the pedestrian. Traffic engineers have a legal framework in which to operate as well. Liability exists for failure to act in accordance with the latest technical developments and guidelines or to adhere to the various manuals that spell out regulations. Where no cut-and-dried criteria exist, traffic engineers are committed to acting according to his or her best judgement. There is a moral responsibility to use his or her wisdom because human lives are at stake. C. The Manual on Uniform Traffic Control Devices (MUTCD) establishes many conditions and guidelines frequently used by traffic engineers. Pursuant to Title 23, United States Code, Section 109(b), 109(d) and 402(a) and 23 CFR 1204.4, the 1978 Edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, as amended, has been approved by the Federal Highway Administrator as the National Standard for all highways open to public travel. Accordingly, by resolution dated March 15, 1979, the State Highway and Transportation Commission adopted the Manual on Uniform Traffic Control Devices as the standard for all highways under the jurisdiction of the Virginia Department of Transportation (VDOT). Members of City Council Page 2 Section 46.1-187 of the Code of Virginia provides that traffic signs erected on and after January 1, 1959, and traffic signals and markings placed or erected on and after January 1, 1969, by local authorities shall conform in size, design, and color to those erected for the same purpose by the Virginia Department of Transportation. Traffic control devices are some of the tools used by traffic engineers. The two most significant are traffic signals and STOP signs. When implemented properly, they have a useful impact on traffic safety and mobility. When used improperly, or not at all, they can be the source of citizen opposition. The MUTCD contains specific conditions for the implementation of these traffic control devices. Public assessment of traffic enqineerinq decisions is sometimes not well understood. Urban traffic engineers often find themselves in the awkward position of opposing traffic control measures supported by well-meaning citizen groups. These citizen groups usually are concerned about traffic safety, and their concern leads them to propose a solution to a particular traffic safety problem. When the proposed solution involves an unwarranted traffic signal or stop sign, traffic engineers may find themselves in favor of solving the particular traffic safety problem, but in opposition to the solution proposed by the citizen group. Traffic engineers endeavor to make each decision based on the best possible blend of quantitative and human factors. Traffic si~ requests received by the City from the public are evaluated by using the MUTCD's guidelines (called warrants). These warrants, when used to determine whether a traffic signal is needed at a particular location, do not establish thresholds above which a traffic signal must be or should be installed. Rather, they establish minimum thresholds below which a traffic signal shall not be installed. (These warrants consider vehicle volumes, delay, pedestrian volumes, school crossings, and accident experience). Determination for the actual need of a traffic signal is aided by a ranking system which considers the degree to which the warrants are met as well as the various physical characteristics of the intersection. Members of City Council Page 3 When installed under conditions that justify its use, a traffic signal is a valuable device for improving the safety and efficiency of both pedestrian and vehicular traffic. In particular, signals may reduce certain types of accidents, most notably the angle (broadside) collision. Traffic signals can reduce the number of angle collisions at an intersection but can also cause a significant increase in rear-end collisions. Normally, traffic engineers are willing to trade off an increase in rear-end collisions for a decrease in the more severe angle accidents; however, when there is no angle accident problem at an intersection and a signal is not needed for traffic control, there is nothing to trade off and the installation of traffic signals can actually cause a deterioration in the overall safety at the intersection. Traffic signals are not a "cure-all" and the primary goal of the Traffic Engineering Division is to attain the safest and most efficient traffic flow feasible. In addition to an increase in accident frequency, unjustified traffic signals can also cause excessive delay, disobedience of signals, and diversion of traffic to residential streets. Traffic signals are more costly than is commonly realized, even though they represent a sound public investment when justified. A complete signal installation can cost taxpayers between $75,000 and $100,000 to install -- depending on the complexity of the intersection and the characteristics of the traffic using it. The City of Roanoke has approximately 135 traffic signals in operation, with nine (9) other intersections under consideration for signalization at this time. STOP siqn requests received by the City from the public (at least one per week) are also evaluated using the MUTCD's guidelines. The majority of these requests are for the establishment of multiway (three-way and four-way) STOP signs. Members of City Council Page 4 II. The MUTCD states that multiway STOP installations are useful as a safety measure at some locations. They should ordinarily be used only where the volume of traffic on the intersecting roads is approximately equal. They are also useful at locations where restricted view and serious accident records are a concern. While many citizens believe that STOP signs are the most effective way of controlling speed and improving safety on residential streets, traffic and safety engineers disagree. Many such STOP signs work to the disadvantage of the public. Unnecessary STOP signs cause accidents they are designed to prevent; breed contempt for other necessary STOP signs; waste millions of gallons of gasoline annually; create added noise and air pollution; and increase, rather than decrease speeds between intersections. (The MUTCD states that STOP signs should not be used for speed control.) The traffic engineer can aid credibility and can also contribute to the overall credibility of the City's traffic system by ensuring that the use and application of traffic control devices (especially, but not only, traffic signs) is in accordance with current practice as set out in the MUTCD. Current Situation: Maintenance payments are made by VDOT (in accordance with Section 33.1-41.1 of the Code of Virginia) to the City of Roanoke for maintenance of roads maintained to the proper standards of VDOT. During fiscal year 1991-92 payment was made for the City's 201.24 lane miles of principal and minor arterial streets at the rate of $9,376 per lane mile and its 759.08 lane miles of collector and local streets at the rate of $5,505 per lane mile. This total of $6,065,562 was paid to the City over the course of the year in quarterly payments. The City must account for and certify these expenditures every quarter, with VDOT then conducting an annual audit. Maintenance activities eligible for VDOT payment include pavement resurfacing, shoulder maintenance, street sweeping, median and roadside mowing, sign repair, traffic signal maintenance, energy costs for arterial roadway lighting, snow removal, bridge inspections, and pavement markings. Members of City Council Page 5 Standards of maintenance recognized by VDOT must be met to preserve the eligibility of the City's streets for payment. Inspections of Roanoke's arterial streets are made annually by VDOT, with all other streets inspected at least once every four years. VDOT criteria include roadway safety, preservation of investment, roadway capacity, comfort and aesthetics (in that order). Items most frequently listed by VDOT as deficiencies include failed pavement sections in need of resurfacing, broken curbs and sidewalks in need of replacement or repair, faded or worn street signs in need of replacement, and poor visibility at intersections that need to be cleared by cutting away overgrown vegetation. Guidelines set forth in the MUTCD are also used in these street inspections. Improper use of traffic signals and signs can result in VDOT identifying such as deficiencies. VDOT grants a six (6) month period to correct any deficiency. If not corrected, maintenance payments can be withheld until corrections are made. A minimum of 0.1 lane mile, and increments of 0.1 mile, can be deleted for payment for each street segment containing deficiencies. Another issue of significance is liability. The City invites liability problems if unjustified traffic control devices are installed just to satisfy some unwarranted request. Examples of deficiencies include: locations where VDOT advised the City of created by non-compliance with the MUTCD Addition of two STOP signs on Mud Lick Road, S.W. (which carries approximately 3,100 vehicles per day) at Westchester Avenue (a relatively lightly traveled residential street), thereby creating a three-way STOP which cannot be supported by M[3TCD guidelines. These signs were subsequently removed. Addition of two STOP signs on Rosewood Avenue, S.W. (which carries approximately 2,600 vehicles per day) at Sweetbrier Avenue (a relatively lightly traveled residential street), thereby creating a four-way STOP which cannot be supported by MUTCD guidelines. These signs currently remain in place, pending more elaborate intersection redesign intended to address needs of the Wright/Creston/Rosewood neighborhood. Members of City Council Page 6 Residential traffic manaqement is an issue receiving increased attention in many localities throughout the United States. The City of Roanoke is mindful of neighborhood needs and often seeks to balance these needs with those of the traveling public. The most recent attempt by the City to address traffic in a residential area is along Wright Road/Creston Avenue/Rosewood Avenue. While the street was not closed as originally requested by some of that neighborhood's residents, other traffic management techniques such as intersection redesign have been implemented in an effort to reduce traffic volume and reduce speeds. Examples of locations where the City has achieved a balance between neighborhood and motorist needs while honoring MUTCD guidelines and VDOT inspection standards include: Winding Way Road, S.W. was barricaded during the 1970's to prevent through traffic from using this residential street, requiring thru traffic to use nearby arterial routes (Colonial Avenue and Ogden Road) without seriously compromising travel time or emergency response time. Windsor Avenue, S.W. was barricaded during the 1970's to prevent through traffic from using this residential street, requiring thru traffic to use nearby arterial routes (Brandon Avenue and Main Street) without seriously compromising travel time or emergency response time. Coveland Road, N.W. at Cove Road had certain turn prohibitions put in place in 1990 to prevent through traffic from using this residential street, requiring thru traffic to use nearby arterial routes (Cove Road and Hershberger Road) without seriously compromising travel time or emergency response time. It should also be noted that the City's ongoing highway construction program, using VDOT funding through the Six-Year Highway Improvement Plan, is an important part of residential traffic management. This highway program improves existing arterials and establishes new arterials that will be important in keeping thru vehicles on the main routes, and gives motorists less reason to seek alternate routes through neighborhoods. Members of City Council Page 7 However, in areas where no arterial improvements can be built, and where there are no reasonable alternative routes, residential traffic management needs to be carefully addressed such that MUTCD guidelines and VDOT inspection standards are honored in the interest of safe and efficient traffic movement. III. Recommendation No action is required by City Council; however, Council is urged to be mindful of the need to comply with VDOT standards. While this administration gives every possible consideration to citizen/neighborhood requests for traffic control devices, we are regulated by VDOT to utilize the MUTCD guidelines. We invite liability problems for the City if unjustified installations occur. Respectfully submitted, W. Robert Herbert City Manager WRH:RKB:Jrm copy: Director of Finance City Attorney Director of Public Works Director of Public Safety Chief, Economic Development Chief, Community Planning Traffic Engineer 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 SANDRA H. EAKIN Deputy City Clerk September 30, 1992 File #33-67-305 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31202-092892 authorizing acceptance of the D.A.R.E. Camp grant, in the total amount of $3,000.00, from the Virginia Department of Motor Vehicles; and further authorizing execution and filing of all appropriate documents to obtain said grant, as more particularly set forth in a report of the City Manager under date of September 28, 1992. Resolution No. 31202- 092892 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 28, 1992. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: sw Enc. pc: Mr. Steven D. Goodwin, Supervisor, Transportation Safety Division, Department of Motor Vehicles, 5407 Peters Creek Road, N. W., Roanoke, Virginia 24019 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director, Public Works Mr. Gary N. Fenton, Manager, Parks and Recreation Mr. Owen M. Grogan, Superintendent, Recreation Mr. James D. Ritchie, Director, Human Development Ms. Marion V. Crenshaw, Youth Planner Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of September, 1992. No. 31202-092892. A RESOLUTION authorizing the acceptance of a grant made to the City of Roanoke by the Virginia Department of Motor Vehicles for the D.A.R.E Camp and authorizing the execution and filing of all appropriate documents to obtain such a grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the D.A.R.E. Camp grant in the total amount of $3,000.00 from the Virginia Department of Motor Vehicles, as more specifically provided in the City Manager's report of September 28, 1992, to this Council. 2. W. Robert Herbert, City Manager, or his successor in office is hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all appropriate documents required to obtain such grant. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of the aforegoing grant or with such project. ATTEST: City Clerk. MARY F. PARKER Cit~ Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 30, 1992 File #60-33-67-305 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 31201-092892 amending and reordaining certain sections of the 1992-93 General Fund Appropriations, providing for appropriation of $3,000.00, representing a grant from the Transportation Safety Division of the Virginia Department of Motor Vehicles for reimbursement of expenses incurred in the operation of the D.A.R.E. Camp. Ordinance No. 31201-092892 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 28, 1992. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: sw Eric pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director, Public Works Mr. Gary N. Fenton, Manager, Parks and Recreation Mr. Owen M. Grogan, Superintendent, Recreation Mr. James D. Ritchie, Director, Human Development Ms. Marion V. Crenshaw, Youth Planner Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIROINIA The 28th day of September, 1992. No. 31201-092892. A/q ORDINANCE to amend and reordain certain sections of the 1992-93 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by Roanoke that certain sections of Appropriations, be, to read as follows, the Council the 1992-93 of the City of General Fund and the same are hereby, amended and reordained in part: Appropriations Parks, Recreation and Cultural $ 4,359,894 Recreation (1-2) .................................. 1,260,506 Revenue Grants-in-Aid Commonwealth Other Categorical Aid (3) ......................... 1) Temporary Employee Wages 2) Program Supplies 3) D.A.R.E. Camp Grant (001-050-7110-1004) $1,700 (001-050-7110-2066) 1,300 (001-020-1234-0689) 3,000 $ 55,929,732 10,316,179 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Honorable Mayor David~A?-Bdw~rS~ and Members of City Council Roanoke, Virginia Roanoke, Virginia September 28, 1992 Dear Mayor and Members of Council: SUBJECT: Grant - D.A.R.E. CAMP I. BACKGROUND: ae D.A.R.E. nro~ram for 5th grade students in Roanoke city Schools is operated by the D.A.R.E. unit of the City of Roanoke Police Department. Need for summer activities for youth who have completed the D.A.R.E. program resulted in application to Transportation Safety Division of Virginia Department of Motor Vehicles for grant for pilot program for 48 D.A.R.E. students. Ce Reimbursement qrant was awarded to the City of Roanoke Parks and Recreation Department by the Commonwealth of Virginia, and planning began on a recreation/education program encompassing fire safety, rescue, drug/alcohol training and transportation safety. Proqram was hosted September 1st and 2nd in Fishburn and Eureka Parks, with assistance provided from Roanoke City Schools, the Neighborhood Partnership, the D.A.R.E. Unit, and Recreation staff. II. CURRENT SITUATION~ Direct exDenses incurred for this successful program were paid from Parks and Recreation Department budget. Reimbursement of these expenses requires City Council's acceptance of grant. III. ISSUES: A. Fundinq B. Timinq IV. ALTERNATIVES: A. Accept the qrant and appropriate $3,000.00 to the Parks and Recreation budget. 1. Fundina for D.A.R.E. Camp would not have to be absorbed by Parks and Recreation. 2. Timina issue would be met, as acceptance of grant would meet established project time frame. Be Do not accept the grant, and do not appropriate $3,000.00 to the Recreation budget. Funding for D.A.R.E. Camp would have to be absorbed by Parks and Recreation. 2. Timin~ issue would be moot. Ve RECOMMENDATION: City Council concur with Alternative "A" and accept the Department of Motor Vehicles Grant of $3.000.00 and appropriate $1700.00 to Temporary Employee Wages (001- 050-7110-1004) and $1300.00 to Program Supplies (001- 050-7110-2066). Establish a corresponding revenue estimate into account established by Director of Finance. Authorize the City Manager or his designee to execute any necessary documents accepting the grant. WRH:GNF:gnf Respectfully submitted, W. Robert Herbert city Manager Attachment CC: Steven D. Goodwin, Supervisor, Transportation Safety Division, Department of Motor Vehicles City Attorney Director of Finance Director of Public Works Director of Public Safety Manager, Recreation, Parks and Grounds Maintenance Superintendent of Recreation 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 SANDRA H. EAKIN Deputy City Clerk September 30, 1992 File #17~-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31203-092892 authorizing a certain reai estate option to be entered into in connection with the Homeownership Assistance Program for real estate located at 1519 Campbell Avenue, S. W., which property is currently owned by John R. and Cathy G. Beard, as more particulariy set forth in a report of the City Manager under date of September 28, 1992. Ordinance No. 31203-092892 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 28, 1992. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sw Enc. pc' Mr. and Mrs. John R. Beard, P. O. Box 8617, Roanoke, Virginia 24014 Mr. William F. Clark, Director, Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, The 28th day of September, 1992. No. 31203-092892. VIRGINIA, AN entered Program; ORDINANCE authorizing a certain real estate option to be into in connection with the Homeownership Assistance and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager be, and he is hereby authorized, for and on behalf of the City, to execute a Real Estate Option on real estate located at 1519 Campbell Avenue, S.W., currently owned by John R. and Cathy G. Beard, as more particularly set out in an attachment to the City Manager's report to Council dated September 28, 1992, a copy of which is on file in the Office of the City Clerk, upon approval of the form of the Option by the City Attorney, and upon such other terms and conditions as are provided therein. 2. municipal In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. September 28, 1992 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Execution of Real Estate Option at 1519 Campbell Avenue SW under the Homeownership Assistance Program I. Background: Homeownership Assistance Program has been developed to enhance homeownership opportunities within the City. The Program provides resources for purchase, purchase and rehabilitation, downpayment and closing cost assistance, and education to facilitate homeownership, especially for those of low and moderate income. Financial assistance is provided by the Virginia Housing Development Authority (VHDA), the Virginia Department of Housing and Community Development (DHCD), and HUD through Community Development Block Grant (CDBG) and HOME funds. Financial assistance includes both low interest loans and grants. Certain targeted, vacant, substandard properties are marketed by the City for purchase and rehabilitation by homebuyers using resources available through the Program. The Program is administered jointly by the City and the Roanoke Redevelopment and Housing Authority, as outlined in the City's current contract for services with RRHA. Real estate options were selected as the best way to allow the City to market the targeted properties. These options define the property owner's and the City's responsibilities under the Program, establish a purchase price for the property, and allow the City to access and market the property for sale to qualifying low and moderate income purchasers in the Program through assignment of the real estate option to the buyer. This provides for a direct sale of the property from the current owner to the purchaser selected through the Program. The City itself will not exercise any option and will not actually purchase any property in the Program. Should the City be unable to find a buyer for the property, the real estate option would be allowed to expire. Council previously authorized the City Manager to execute options with individual owners of numerous properties to be included in the Homeownership Assistance Program. II. Current Situation: Real estate option has been executed by the owner of a vacant single- famil7 home, with specific provisions outlined in Attachment A. Housing Development Office staff have determined that the offered price is reasonable to allow the house to be included in the Program. September 2g~ 1992 Page 2 B. Council authorization to the City Manager to execute the real estate option with the owner ot the property is necessary to allow this property to be marketed through the Program. III. Issues: A. Cost to the City B. Consistency with established housing plans and policies of the City C. Timing IV. Alternatives: A. Authorize the City Manager to execute the real estate option as outlined in Attachment A~ to be approved as to form by the City Attorney, with the owner of this property selected for the Homeownership Assistance Program. 1. Cost to the City would be $1.00 for the option. Consistency with established housing plans and policies of the City will be met as an additional homeownership opportunity will be provided to low-moderate income households. Owner occupancy and rehabilitation of an additional vacant substandard house will provide significant contribution toward stabilization and rejuve- nation within the neighborhood. Timing is such that prompt execution of this option will allow immediate marketing of the house. If a buyer is found Council will be asked to approve assignment of the option to qualifying purchaser under the Program at a later date. B. Do not authorize the City Manager to execute the real estate option as outlined in Attachment A, with the owner of this property. 1. Cost of the City can be recognized as lost opportunity cost. Consistency with established housing plans and policies of the City will not be met as a homeownership opportunity will not be provided to low-moderate income households in the Southwest quadrant of the City~ and a vacant substandard house likely will remain so. 3. Timing would not be an issue. September 28, 1992 Page 3 V. Recommendation: Adopt Alternative A, thereby authorizing the City Manager to execute the real estate option as outlined in Attachment A, to be approved as to form by the City Attorney, with the owner of this property selected for the Homeownership Assistance Program. Respectfully Submitted, W. Robert Herbert City Manager WRH:BC (CR.72.1~2,3) CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator ATTACHMENT A 1519 Campbell Avenue SW Official Tax Map #1320611 Property has recently suffered substantial fire damage. OPTION PRICE TERM OF OPTION CITY ASSESSMENT House & Lot $11,950.00 August 25 - November 30, 21,#00.00 1992 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 SANDRA H. EAKIN Deputy City Clerk September 30, 1992 File #60-77-111-217 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 31204-092892 amending and reordaining certain sections of the 1992-93 Capital Fund Appropriations, providing for the transfer of $45,000.00, from Streets and Bridges - Public Improvement Bonds Series 1992A to Appropriation from Bond Funds - Streets and Bridges, in order to meet anticipated expenditures in connection with approved highway projects. Ordinance No. 31204- 092892 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 28, 1992. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sw Enc. pcl Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director, Public Works Mr. William L. Stuart, Manager, Streets and Traffic Mr. Robert K. Bengtson, Traffic Engineer Mr. Charles M. Huffine, City Engineer Mr. Barry L. Key, Manager, Office of Management and Budget 1992-93 Capital emergency. WHEREAS, Government IN THE COUNCIL OF THE CITY OF RO/%NOKE~ VIRGINIA The 28th day of September, 1992. No. 31204-092892. AN ORDINANCE to amend and reordain certain sections of the Fund Appropriations, and providing for an for the usual daily operation of the Municipal of the city of Roanoke, an emergency is declared to exist. Roanoke THEREFORE, BE IT ORDAINED by the Council of the City of that certain sections of the 1992-93 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: &DDroDrlations Capital Improvement Reserve $ 5,282,037 Public Improvement Bonds Series 1992A (1) ............ 4,939,437 Streets and Bridges 8,467,574 Peters Creek Road Extension (2) ...................... 84,000 Brandon Avenue Widening - VDOT (3) ................... 26,000 1) Streets and Bridges 2) Appropriation from Bond Funds 3) Appropriation from Bond Funds (008-052-9700-9181) $ (45,000) (008-052-9595-9001) 29,000 (008-052-9604-9001) 16,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. September 28, 1992 Roanoke, Virginia Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: SUBJECT: Righway Projects - Transfer of Funds to Meet Anticipated Expenditures I. Background: Virqinia Department of Transportation (VDOT) continuously develops various phases of the City Council approved highway projects. These phases include such items as preliminary engineering, right of way acquisition and project construction. Billings to the City from VDOT are done on a monthly basis. These billings represent our share of the expenditures to date. The City share is generally 5% for plan development phases authorized prior to July 1, 1989, and 2% for phases authorized after that date. Co Capital Fund Accounts are established for each project in the amount of the estimated billings that are anticipated for the year. This provides for payments of interim bills. However, there may be instances when additional requests to City Council for transfers are needed to cover interim bills. II. Current Situation: Capital Improvement Proqram recommended for fiscal years 1992-1995 includes $454~550 to provide for the City's share of anticipated highway project costs over a three (3) year period. Of this amount, $150~000 is designated to come from the 1992A Bond Series. Transfer of $45,000 from the Streets and Bridges category of the 1992A Bond Series to individual project accounts is needed to cover anticipated billings. Members of City Council Page 2 Individual projects are funded from their respective highway accounts and utility accounts depending upon the extent of water and sewer relocation needed on each project. Three (3) of the seven (7) highway construction projects for which funds are currently allocated in the VDOT's Six-Year Improvement Program require continued funding in order to meet the costs anticipated on these projects for fiscal year 1992-93. Transfers needed for two of three projects are listed in Attachment No. 1. The third project, Fifth Street Bridge, will be the subject of a future report regarding a City/State Agreement, at which time its funding will be addressed. The other projects already have sufficient allocations from previous years to meet anticipated billings. III. Issues: A. Payments to Virqinia Department of Transportation B. Relationship with Virqinia Department of Transportation C. Continued progress on projects IV. Alternatives: Authorize Director of Finance to transfer $45~000.00 from the Streets and Bridges category of the 1992A Bond Series to the individual project accounts as listed in Attachment No. ! (in their respective amounts). Payments to Virginia Department of Transportation from each project account are made possible at the funding levels needed. 2. Relationship with Virginia Department of Transportation is maintained at its current excellent level. 3. Continued progress on projects would be ensured. Do not authorize Director of Finance to transfer $45~000.00 from the Streets and Bridges category of the 1992A Bond Series to the individual projects. 1. Payments to Virginia Department of Transportation for each project cannot be made at the funding levels needed. Members of City Council Page 3 Relationship with Virqinia Department of Transportation will be jeopardized and future construction efforts may be hurt. 3. Continued proqress on pro~ects may be jeopardized. Ve Recommendation is that City Council approve Alternative "A" and authorize the Director of Finance to transfer $45~000 from the Streets and Bridges category of the 1992A Bond Series to the individual project accounts as listed on Attachment No. 1 (in their respective amounts). Respectfully submitted, W. Robert Herbert City Manager WRH:RKB:jrm Attachment copy: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Office of Management and Budget ATTACHMENT NO. 1 Project Peters Creek Road Extension (008-052-9595-9003) Brandon Avenue Widening (008-052-9604-9003) Transfer Needed to Accommodate Anticipated Billinqs $29,000 $16,000 $45,000 PROJECTS SUFFICIENTLY FUNDED FOR FISCAL YEAR 1992-93 3. Fifth Street Bridge Replacement 4. Franklin Road Widening 5. Second Street/Gainsboro Road 6. Wells Avenue 7. Tenth Street Widening ~ARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-25~.1 SANDRA H. EAKIN Deputy City Clerk September 30, 1992 File #60-188-237 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 31205-092892 amending and reordaining certain sections of the 1992-93 General Fund Appropriations, providing for appropriation of $119,626.00, in connection with acceptance of funds from the Virginia Department of Emergency Services for flood clean-up and repair work resulting from flooding conditions on April 21 - 22, 1992. Ordinance No. 31205-092892 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 28, 1992. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: sw Enc. pc: Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director, Public Safety Ms. Wanda L. Reed, Manager, Emergency Services Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. James D. Ritchie, Director, Human Development Ms. Marie T. Pontius, Grants Monitoring Administrator Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Diane S. Akers, Budget Administrator, Office of Management and Budget Roanoke, Virginia September 28, 1992 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Flood of April 21, 1992 Dear Members of Council: I. Background: O__~n APril 21, 1992, approximately 3.80 inches of rain fell in a 24 hour period, causing the Roanoke River to exceed flood stage, cresting at 18.1 feet. O__n April 27, 1992, City Council declared ~ local emerqency by Resolution No. 30975-042792. O__n May 5. 1992, Governor Wilder declared a state of emerqency, thereby activating appropriate State agencies to assist in disaster-related activities. De On May 19, 1992, President Bush issued ~ major disaster declaration at the request of the Governor, thereby activating federal damage assistance programs. O__n May 21, 1992, a Notice of Intent to apply for Federal Disaster Assistance for public property was filed by City of Roanoke. Damaqe Survey Reports were completed for public property and claims were submitted to Federal Emergency Management Agency (FEMA) for approval. By City Council Resolution No. 31106-071392, Diane S. Akers, Office of Management and Budget, was designated as applicant's agent to apply for federal financial assistance regarding the flood of April 1992. II. Current Situation: ae On July 14, 1992, the Commonwealth of Virqinia, Department of Emerqency Services, notified the applicant's agent that the project application for the City of Roanoke was approved for the disaster funding of claimed eligible costs incurred as a result of the severe storms and flooding, occurring April 21-22, 1992. Be The subarant approval provides assistance totaling $119,626.00 (100% of eligible costs), including $3,326.00 for Subgrantee administrative costs. The amount was based on the Damage Survey Reports which were approved by the Federal Emergency Management Agency (FEMA). A total of eighteen projects were included in the subgrant. Each individual project totaled less than $40,000 each and was considered a small project. For small projects, total funding is a Federal share (75%) and State share (25%) of the approved estimate of eligible costs. Payment for the individual projects, totalling $116,300 was received by the City of Roanoke on August 18, 1992. Payment for administrative costs will be paid after final audit of records by the Department of Emergency Services in December, 1992. Funding must be appropriated in order to fund flood clean-up and repair work. III. Issues: A. Funding B. Timing IV. Alternatives: Appropriate fundinq in the amount of $119,626.00 in the flood account 001-004-9140-2177 and authorize the Director of Finance to increase the revenue estimate for account 001-020-1234-0707, Flood of 1992 Proceeds. Funding - Funds in the amount of $116,300 have already been received from the Department of Emergency Services and an additional $3,326 will be paid when the administrative reporting and audit is completed. Funding will be used to pay for flood repairs and clean-up of the river banks. Timing - Ail emergency work (categories A and B in attachment from FEMA) must be completed by November 17, 1992, six months from the date of disaster declaration. Ail permanent repair work (categories C through G in attachment from FEMA) must be completed by November 17, 1993, eighteen months from the date of disaster declaration. Some work has been completed and some is still in progress. Do not appropriate fundinq in the amount of $119,626.00 in the flood account 001-004-9140-2177 and do not authorize the Director of Finance to increase the revenue estimate for account 001-020- 1234-0707, Flood of 1992 Proceeds. Fundinq - A source of funding to complete the flood clean-up work will still need to be identified, even though funds have already been received from the Department of Emergency Services. Timina - Ail emergency work (categories A and B in attachment from FEMA) must be completed by November 17, 1992, six months from the date of disaster declaration. All permanent repair work (categories C through G in attachment from FEMA) must be completed by November 17, 1993, eighteen months from the date of disaster declaration. Some work has been completed and some is still in progress. Another funding source will need to be used to meet the reporting deadlines. V. Recommend&tio~: Appropriate fundinq in the amount of $119,626.00 in the flood account 001-004-9140-2177 and authorize the Director of Finance to increase the revenue estimate for account 001-020-1234-0707, Flood of 1992 Proceeds. Respectfully Submitted, W. Robert Herbert City Manager Attachment cc: Joel M. Schlanger, Director of Finance William F. Clark, Director of Public Works Diane S. Akers, Applicant's Agent Wanda Reed, Emergency Services Manager DATE: 06,'09/92 TIME: Ol.~4PM FEDERAL EMERGENCY MANAGEMENT AGEHCY P.2 ' PROJECT APPLICATION SUHHARY DISASTER #: 0944 ATTACHMENT PAGE: 1 P.A. ID: 770-68000 APPLICANT: CITY OF ROANOKE SUPPLEMENT NO.: 0 PROJECT APPROVED DER # CAT COHPL DATE DER ~OUNT PROJECT DESCRIPTION 96123 A 11/17/92 $2,269.00 PROJECT TITLE: DAMAGE FACILITY: DAMAGE LOCATION: DAMAGE OEEC: COPJ4ENTS: DISCARDED PERSONAL PROPERTY CITY OF ROANOKE SCXJTHEAST R(~NOKE DAMAGED PERSONAL PROPERTY CONSISTIHG OF CLOTHING, FURNITURE, APPLIANCES AND OTHER HATER[ALS WAS PLACED BY RESIDENTS AT THE CURB OR OTHER DESIGNATED AREA FOR PICK UP. LOAO OEBRIS AND HAUL TO DISPOSAL SITE. PHOTOS HOT ELZGISLE; THIS COST COVERED UNDER SUBGRANTEE ADMINISTRATIVE FUNDS. 96127 A 11/17/92 S1&,979.00 PROJECT TITLE: DAHAGE FACILITY: DAHAGE LOCATION: DAHAGE OEEC: COHHENTS: SEDIMENTS OH PUBLIC PROPERTY VICTORY STAO[UM AND GROUNDS RESERVE AVENUE, ROANOKE 750' X 7~0; STADIUM. FLO00 DEBRIS (ROCKS, SANO, GRAVEL, LOGS) WAS DEPOSITEO ON ROADS, IN PARKS, BUILOIHGS ANO OTHER PUSLIC PROPERTY. REMOVE DEBRZS ANO HAUL TO DISPOSAL SITE. ITEM ~ CHANGED DY REVIEWER DUE TO MATH ERRON. EAST SIDE OF STADIUH DOES MOT FALL WITHIN THE INSURANCE POLICY (ATTACHED TO DER 97081). COVERAGE IS LIMITED TO THE UEST SIDE OF THE STADIUId, WHICH IS $13,403.37. THE DEDUCTIBLE 15 $3,000.00, THUS REDUCE THIS DER BY 97001 A 11/17/92 $1,781.00 PROJECT TITLE: DA~L~GE FACILITY: OAHAGE LOCATION: DAMAGE DESC: COPAqENTS: SEDIHENTS ON PUBLIC PROPERTY ~qITH PARK SHITH PARK, CITY OF ROANOKE FLO00 OESR[S CROCKS, SANO, GRAVEL, LOGS) WAS DEPOSITEO ON ROADS, IN PARKS, BUILDINGS ANO OTHER PUBLIC PROPERTY. REMOVE OEER[S ANO HAUL TO DISPOSAL SITE. REPLACE WASHOUT ARRAS WITH FILL, TOPSOIL AND SEED. ITEHS 2 AN~ 3 CHANGED BY REVIEWER OUE TO ERROR IN MATHEMATICS. FEDERAL EMERGENCY MANAGEMENT AGENCY P.2 - PROJECT APPLICATION SUMMARY DISASTER #: 0944 PAGE: E P.A. lO: 770-68000 APPLICANT: CITY OF ROANOKE SUPPLEMENT NO.: 0 PROJECT APPROVED DER # CAT COI4PL DATE DER AMOUNT PROJECT OE$CRIPTION 97002 A 11/17/92 $20,965.00 PROJECT TITLE: DAMAGE FACILITY: DAMAGE LOCATION: DAMAGE DESC: SEDIMENTS ON PUBLIC PROPERTY CITY STREETS OF ROANOKE VARIOUS LOCATIONS - CITY OF ROANOKE FLO00 DEBRIS (ROCKS, SAMO, GRAVEL, LOGS) WAS DEPOSITED ON ROADS, IN PARKS, BUILOINGS ANO OTHER PUBLIC PROPERTY. REMOVE DESRIS ANO HAUL TO DISPOSAL SITE. 97086 A 11/17/92 t~.,313.00 PROJECT TITLE: OAMAGE FACILITY: OAMAGE LOCATION: DAMAGE OEEC: COHMENTS: SEDIMENTS ON PUBLIC PROPERTY BENNINGTOR PARK BENNINGTON ST .25 NILE X 150~ FLOG0 DEBRIS (ROCKS, SAND, GRAVEL, LOGS) WAS DEPOSITED iN PARK. REMOVE OEBRI$ AND HAUL TO OISPOSAL SITE. [TEN 2 CHANGED BY REVIEWER DUE TO INCORRECT RATES USED IN CORPUTATION. 97087 A 11/17/92 $2,091.00 CAT: A ( 6 DSRS) S46,398.00 $3&,799.00 PROJECT TITLE: DAMAGE FACILITY: OAHAGE LOCATION: OAHAGE OEEC: SEDIMENTS ON PUBLIC PROPERTY WASENA PARK WILEY DRIVE, ROANOKE 1 MILE X .25 NILE. FLOOO DEBRIS (ROCKS, SANDt GRAVEL, LOGS) WAS DEPOSITED ON ROADS, iN PARK$~ BUILDINGS AND OTHER PUBLIC PROPERTY. REHOVE DEBRIS AND HAUL TO OISPOSAL SITE. ELIGIBLE 75 ~ FEOENAL SNARE 96121 B 11/17/92 Sll,356.00 PROJECT TITLE: SECURITY PATROLS~ SEARCH AND RESCUE DAMAGE FACILITY: CITY OF ROANOKE DAMAGE LOCATION: THROUG#CUT CITY OF~C~NOKE ON, AGE DE$C: EMERGENCY OPERATIONS IN DN4AGED AREAS REQUIRED THE USE OF PERSONNEL AMO SUPPLIES FOR SEARCH AMO RESCUE, TRAFFIC CONTROL AMO SECURITY, ANO OPERATION OF EMERGENCY OPERATIONS CENTER. FEDERAL EMERGENCY MANAGEMENT AGENCY P.2 ' PROJECT APPLICATION SUMHARY DISASTER #: 0944 PAGE: P.A. lO: ~0-68000 APPLICANT: CITY OF ROANOKE SUPPLEMENT NO.: 0 PROJECT APPROVED CAT CO~qPL DATE DSR AHOLINT PROdECT DESCRIPTION 96131 B 11/17/92 $2,567.00 PROJECT TITLE: DAIL~GE FACILITY: DAMAGE LOCATION: DAHAGE DESC: SANDBAG LEVEE CITY OF ROANOKE ~ILLIAMSON ROAD AND ELM AVENUE, ROANOKE EMERGENCY SANDBAG LEVEES ~RE CONSTRUCTED TO PROTECT PROPERTY OR TO RAISE OR STRENGTHEN EXISTING LEVEES. 97082 B 11/17/92 $2,386.00 PROJECT TITLE: DAMAGE FACILITY: DAMAGE LOCATION: DAMAGE DESC: PROTECTION OF PROPERTY & EMERGENCY OPERATIONS CITY OF ROANOKE SCN(~LS VARIOUS LOCATIONS - CITY OF ROANOKE EQUIPMENT UA$ REHOVEO FROM FLOOD PRONE AREAS. SCHOOLS PROVIOEO E~ERGENCY SUPPORT. SEOIME#TS LEFT BY NIGH ~ATER REMOVEO AND OAMAGED FACILITIES RESTOREO TO OPERATING CONOITION. 97085 B 11/17/92 CAT: B ( 4 OSRS) $2,097.00 PROJECT TITLE: OAHAGE FACILITY: OA)~AGE LOCATION: DAY, AGE DESO: $18,&06.00 ELIGIBLE PROPERTY PROTECTION ROANO;(E CITY PROPERTY CITY OF ROANOKE SEE ATTACHED FOR DIMENSIONS. REMOVAL OF EQUIPMENT AND PROPERTY FROM FLO00 ZONE gAS NECESSARY TO PREVENT NIGH COST OF POSSIBLE OAMAGE. B13,805.00 75 % FEDERAL SHARE 96129 OAT: C C 11/17/9S (10SB$) $29,020.00 PROJECT TITLE: STREET REPAIR OAHAGE FACILITY: STREETS AND DITCHES DN,IAGE LOCATION: VARIOUS LOCATIONS o CITY OF ROANOKE D~MAGE DESC: FLOOOklATERS ~ASNED DEBRIS IN DITONE$, WASNED Ak~AY SHOULDERS AND ROAO SURFACE. RESTONE OITCHES ANO ROAO SURFACES TO ORIGINAL PREOISASTER CONDITION. S29,020.00 ELIGIBLE $21,765.00 7~ % FEDERAL SHARE FEDERAL EMERGENCY MANAGEMENT AGENCY P.2 - PROJECT APPLICATION SUNt4ARY DISASTER #: 0944 PAGE: 4 P.A. ID: 1r'/0'68000 APPLICANT: CITY OF ROANOKE SUPPLEMENT NO.: 0 PROJECT APPROVED DER # CAT CONPL DATE DER AMOUNT PROJECT DESCRIPTION 97003 O 11/17/93 S5,208.00 CAT: 0 (10SRS) SS,2O8.00 $3,906.00 PROJECT TITLE: SPILLUAY BANK NASHOUT DAMAGE FACILITY: SPILLWAY AND CREEK BANK, FALLING CREEK FILTER PLANT OAMAGE LOCATION: FALLING CREEK RESERVOIR NEAR SEOFORO CC~JNTY LINE DAHAGE DE$C: FLOOOUATERS DAMAGED SPILLWAY AND CREEK BANK AT MATER TREATMENT FACILITY. REPAIR SPILLWAY AgO EMBANK]4ENT TO PREDISASTER CONDITION. ELIGIBLE 7~ X FEDERAL SNARE 97079 E 11/17/93 $827.00 97081 E 11/17/93 $3,000.00 CAT: E ( 2 OSRS) $3,827.00 $2,870.00 PROJECT TITLE: OAJ4AGE FACILITY: DAMAGE LOCATION: OAHASE OEEC: PUBLIC BUILDING CLEAN UP VICTORY $TADIL~ GROUNDS RESERVE AVE, ROANOKE 60; X 30;. FLOOOgATER$ AgO FLOATABLE OESRIS MERE OEPOS[TED THROUGHOUT THE INTER[OR OF THE ~ILOING. REMOVE OEERIS ANO CLEAH BY USING FORCE ACCOUNT LABOR OR CONTRACT. PROJECT TITLE: DAMAGE FACILITY: DAMAGE LOCATION: DANASE OEEC: C~I~qENTS: PUBLIC BU[LOING CLEAN UP NATIONAL GUARD ARMORY BUILDING 32 RESERVE AVENUE, ROANOKE 33,000 SF BUILDING. FLO~Ok~ATERS AMD FLOATASLE DEBRIS WERE DEPOSITED THROUGHOUT THE INTERIOR OF THE BUILDING. REMOVE DEBRIS AND CLEAN BY USIMG FORCE ACCOUNT LASOR OR DONTRACT. FLOODWATERS DANAGED ELECTRICAL AND flEATZNG FACILITIES. RESTORE TO PRE-DISASTER CONDITION. POLICY ~65823g~6; S~,OGG.OODEDUCTIBLE FOR BUILDING; S3,0OO.OO DEDUCTIBLE FOK CONTENTS. THIS DEE NAS BEEN APPROVED FOR $3,000.00 TO COVER THE INSURANCE OEDUCTIBLE FOR THE SUILOIMG DAMAGE. THE APPLICANT MUST SUBMIT THE FINAk"STATEHENT ON THIS POLICY TO FEHA. FUNDS ON THIS PHOdECT ARE CONTINGENT UPON ACTUAL SETTLEMENT. ELIGIBLE 7~ ~ FEDERAL SNARE FEDERAL EMERGENCY MANAGEMENT AGENCY P.2 ' PROJECT APPLICATION SUMMARY OISASTER #: 09&& PAGE: P.A. ID: ~70-68000 APPLICANT: CITY OF ROANOKE SUPPLEMENT NO.: 0 PROJECT APPROVED OSR # CAT CONPL CATE DSR ANOUNT PROJECT OESCRIPTIO# 96128 F 11/17/93 S3,124.00 CAT: F ( I OSRS) PROJECT TITLE: SANDBAG PLANT AND REPAIR PUMPS DAMAGE FACILITY: SEgAGE TREATMENT PLANT DAMAGE LOCATION: 1402 BENNINGTON ST, ROANOKE DAMAGE DESC: EMERGENCY SANDBAG LEVEES gERE CONSTRUCTED TO PROTECT PROPERTY. PUMPS ~ERE DAHAGED IN FLOOOED AREA. REPAIR DA~.AGED EGUIPMENT. $3,124.00 ELIGIBLE $2,~43.00 75 ~ FEDERAL SPARE 96120 97078 97083 G CAT: G G 11/17/93 G 11/17/93 11/17/93 ( 3 DSRS) S6,179.00 PROJECT TITLE: DAMAGE FACILITY: OAI4AGE LOCATION: DAMAGE DESC: COMMENTS: PARK CLEANUP AND REPAIR ROANOKE CITY PARKS AND BUILDINGS VARIOUS LOCATIONS - CITY OF ROANOKE ~ATER ANO DEBRIS DAMAGED CHAIN LINK FENCES, LEFT SEDIMENT ON SIDEWALKS ANO ORIVE$, ANO REMOVED SAND A#O GRAVEL FRUM PLAY AREAS. RESTORE FE#CE$~ GRASS AMD PLAY AREAS~ AND REHOVE DEBRIS. ITEM 2 CHANGED BY REVIEt/ER TO REFLECT MATN ERROR. $1,975.00 PROJECT TITLE: OANAGE FACILITY: OAMAGE LOCATION: DAMAGE OESC: FOUNTAIN REPAIR VICTORY STADIUM FOUNTAI# VICTORY STADIUM, ROANOKE ELECTRIC MOTORS ANO PUMP REPAIRS, ANO NECESSARY RAROUARE. $2,163.00 PROJECT TITLE: DAMAGE FACILITY: DAMAGE LOCATION: DAMAGE OESC: COMMENTS: $10,317.00 ELIGIBLE PARK DEBRIS AND REPAIR MASOMS MILL PARK TINKER CREEK AND HOLLXN$ ROAD, ROANOKE $0~ X ZO~ X 4~ OEBRIS; 90~ X ~ VARYING ~IDTN gABHOUT. FLOCO RATERS DROPPED TREES AND DEBRIS IN PARK. RATER k~ASNED AUAY SOIL AND FILL AND CAUSEO BARK TO FAIL. REMOVE OEGRIS. RETURR PARK AREAS TO PREOISASTER CONDITION, FILL ANO SEED. ITEMS 1 AND 3 CHARGED BY REVIEUER DUE TO AN ERROR Zg MATHEMATICS. $7,7'58.00 75 ~ FEDERAL SHARE FEDERAL EHERGENCY HANAGEMENT AGENCY P.2 - PRO~ECT APPL~CAT[OR SUHHARY D~SASTER #: 09~& PAGE: 6 P.A. ID: 770-68000 APPLICANT: CZTY OF ROANOKE SUPPLEMENT NO.: 0 GRAND TOTAL: 7 CATEGORIES 18 OSR(S) EL[GZSLE 75 % FEDERAL SHARE DSRs: $116,300.00 R~Z,226.DO SUBGRANTEE AOM[N (EST): $3,326.00 $3,326.00 TOTAL: $1~9,626.00 B90,552.00 GENERAL CC~4MENTS: ONCE THE INSURANCE SETTLEMENT NAS BEEN DETERMINED ON ANY OF THE PROJECTS FUNOEO BY FE~L~, THE FINAL ADdUSTHENT MUST DE FOR~AROEO TO FEI4A FOR REVIEW. PUB L I'~-~eT~rA. CE OFFICER DATE: ~ ._~_ APPROVED BY: MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 30, 1992 File #60-237 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 31206-092892 amending and reordaining certain sections of the 1992-93 Capital Fund Appropriations, providing for the transfer of $883,131.00, from the General Fund Revenue Account to Other Infrastructure - Roanoke River Flood Reduction, in.the Capital Project Fund, in connection with preliminary project expenses for the Roanoke River Flood Reduction project. Ordinance No. 31206-092892 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 28, 1992. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: sw Enc. pc: Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th day of September, 1992. No. 31206-092892. AN ORDINANCE to amend and reordain certain sections of the 1992-93 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the that certain sections of the Roanoke Appropriations, be, and the same are hereby, to read as follows, in part: Council of the City of 1992-93 Capital Fund amended and reordained A ro riations Other Infrastructure Roanoke River Flood Reduction (1) .................... $22,020,005 1,504,542 1) Appropriation from General Revenue (008-056-9617-9003) $ 883,131 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia September 28, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Appropriation of Budgeted Amount to Roanoke River Flood Reduction Project I. Background: A. Local Cooperation Agreement (LCA) was executed on June 25, 1990. Bo Commitment to fund 5% Local Cash Match, 100% for lands, easements and rights-of-way, 50% for the recreational trail, 100% of the relocation cost, and a varying degree (generally 5%) of the channel improvement construction costs was made by the City by the execution of the LCA. $883,131 was programmed into the approved City budget for fiscal year 1993 for support of this project. II. Current Situation: Funds programmed, $883,131, need to be transferred to the appropriate Capital Fund project account. Front funding of the environmental assessment work (approximately $1,200,000) as well as the 5% match for completing the flood proofing of the Sewage Treatment Plant, and other project design work will be the most likely project elements needing local funds during Fiscal Year 1993. III. Issues: A. Costs B. Funding available C. Pro~ect accountinq IV. Alternatives: Council approve the transfer of $883,13] from the General Fund Account No. 001-004-9310-9508 and appropriate these funds to the Capital Project Fund, Account No. 008-056-9617-9003, Roanoke River Flood Reduction. Costs for the local share of this project are estimated to be in excess of $15,000,000. At the appropriate time, as major construction starts, the previously approved bond issue of $7,500,000 will be sold. Funding available, as previously identified, will be placed in the proper account to provide funds for preliminary project expenses until such time as major construction begins and bonds are sold. Page 2 Bo Pro~ect accounting requires that available funds be placed in the proper account. Council choose not to transfer the available funds to the appropriate project account. Vo 1. Costs will not change. 2. Funding available will remain in the general fund until some disposition is approved by Council. 3. Project accounting is a moot issue. Recommendation: Council approve the transfer of $883,131 and appropriate these funds in accordance with Alternative "A". WRH:KBK:afm Respectfully, W. Robert Herbert City Manager cc: City Attorney Director of Finance Director of Utilities & Operations Project Director Manager, Management & Budget DEPARTMENT OF' FINANCE CITY OF ROANOKE, September 28, 1992 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Monthly Financial Report Attached is a copy of the financial report for the month of August, 1992. JMS/kp Attachment CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE AS OF AUGUST 31, 1992 General Contingency: Balance July 1, 1992 Ord. No. Department 31100 Transfers 31107 Recreation Grant Local Match Youth Summit 317,779 1,800) 29,914) $ 286,065 Maintenance of Fixed Assets Contingency; Balance July 1, 1992 200,000 Supplemental Budgets - Employee Compensation Balance July I, 1992 25,000 Total Contingency Balance $ 511 065 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE General Property Taxes Other Local Taxes Permits, Fees, and Licenses Fines and Forfeitures Revenue From Use of Money and Property Education Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Current Services Miscellaneous Revenue internal Services Total Year to Date for thc Period Jul 1-Aug 31 Jul 1-Aug 31 Percentage 1991-92 1992-93 of Chanqe $ 1,227,343 $ 1,585,780 29.20% 2,965,010 3,008,124 1.45% 99,957 108,191 8.24% 94,727 101,133 6.76% Current Fiscal Year Revised Percent of Revenue Revenue Estimate Estimates Received 53,308,845 2.97% 39,883,333 7.54% 523,250 20.68% 693,000 17.05% 81,183 86,711 6.81% 827,652 10.48% 3,786,075 4,225,635 11.61% 34,783,510 16.73% 2,264,319 2,561,909 13.14% 25,252,672 10.15% 6,824 121,226 N/A 33,706 369.66% 255,701 270,422 5.76% 2,506,042 10.79% 43,907 65,515 49.21% 268,560 25.34% 2231775 1441789 ( 35.30%} 1,4931581 9.69% $11,047,821 $ 12 279 435 11.15% $ 159,464~151 7.70% 2 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Jul 1-Aug 31 Jul 1-Aug 31 Per~,entage 1991-92 1992-93 of Change General Government $ 1,697,429 $ 1,656.151 Judicial Administration 614,161 677,303 Public Safety 6,614,104 5,297,515 Public Works 5,066,663 5,227,722 Health and Welfare 2,352,195 2,285,307 Parks, Recreation, and Cultural 933,628 1,003,685 Community Development 140,855 161,277 Education 6,815,352 7,175,315 Debt Service 4,472,794 3,630,767 Nondepartmental 594~522 1 ~940,070 Current Fiscal Year Percent of Unencumbered Revised Budget Balance ADDro=riatione Obligated 2.43%) $ 7,316,020 $ 8,972,171 18.46% 10.28% 2,848,030 3,525,333 19.21% 19.91%) 24,691,711 29,989,226 17.66% 3.38% 15,021,681 20,249,303 25.82% 2.84%) 12,151,026 14,436,333 15.83% 7.50% 3,353,209 4,356,894 23.04% 14.50% 732,393 893,670 18.05% 5.28% 62,076,964 69,252,279 10.36% 18.83%) 3,643,550 7,274,317 49.91% 226.32% 2,381,015 4.321 ~085 44.90% Total $ 29,291,703 $ 29 055 112 { 0.81%) $ 134 215 499 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF AUGUST 31, 1992 General Government Education Recreation Streets and Bridges Sanitation Projects Traffic Engineering & Communications Other Infrastructure Projects Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unencumbered Budael~ To Date Balpnce Encumbran~:e~ Bplance $ 11,719,892 $ 5,883,760 $ 5,836,132 $ 435,830 $ 5,400,302 12,665,833 6,617,412 6,048,421 233,117 5,815,304 517,538 369,296 148,242 134,384 13,858 8,422,574 5,449,785 2,972,789 635,695 2,337,094 2,276,816 1,534,834 741,982 486,877 255,105 1,389,028 1,219,947 169,081 69,975 99,106 21,136,874 14,321,746 6,815,128 1,653,486 5,161,642 5,327,037 5,327,037 5,327,037 $ 63,455,592 $ 35,396~780 $ 28058 812 $ 3,649,364 24,409,448 4 CITY OF ROANOKE WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1992 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Rents Miscellaneous Total Non-Operating Income Net Income 1992 420,311 396,167 36,305 2,547 164,077 52,468 1,071,875 172,567 223,919 70,321 45,903 512,710 559,165 118,324 440.841 38,402 4,650 222 43.274 484,115 1991 250,659 315,270 18,6o3 539 178,165 65.967 829,2o3 170,756 196,793 61,616 75,o20 5o4.185 325,o18 119.o66 205.952 17,972 1,950 3,257 23,179 $ 229~131 5 WATER FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect New Service, Hydrants, Lines Unidentified Plant Replacement Fire Hydrants FC Plans and Specs FY86 Project Design Carvins Cove Improvement Phase I Edgewood Replacement Falling Creek Plant Rehabilitation Phase I Franklin Road Widening Carvins Cove Improvement Phase II Water Plant Expansion Bonds 92 Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoendil;vre~ 33,837 63,871 2,400 178,676 12,103 1,091,131 9,007 ,373,654 555 455,360 456,084 3,676,678 3,399,568 $ 277~110 NOTE: Some of these projects are continued from prior years with inception to date totals. 6 CITY OF ROANOKE SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1992 Operating Revenue: Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income Income (Loss) Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses Net (Loss) 1992 739,2O4 129,012 35,585 125,463 10,830 11,349 3.655 1.055.0~8 270,964 655.079 926.043 129,055 160,001 30,946) 8,558 23,314 31.872 926 1991 761,603 94,136 34,3O9 112,835 9,750 22,668 1,754 1.037,055 259,136 664,704 923.840 113,215 161,210 ( 47,995) 18,658 19.272 37,930 ( 10,065) 5,7~5 8,345 5.795 8.345 4,869) $( 18,410) 7 SEWAGE TREATMENT FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Other Equipment FY86 Projects Design Roanoke Diesel Engine//6 Franklin Road Widening Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoendltures 9,777 50,187 821,145 22.777 903,886 878.2~2 NOTE: Some of these projects are continued from prior years with inception to date totals. 8 ROANOKE REGIONAL AIRPORT COMMISSION COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1992 Operating Revenue: Airfield Revenue General Aviation Revenue Terminal Building Revenue Other Revenue Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income (Loss) Add: Non-Operating Income Interest on Investments Interest Income Airport Debt Service Accounts Miscellaneous State Promotion Grant Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Interest Expense 1988 Revenue Bond Issue Total Non-Operating Expenses Net Income (Loss) 1992 193,268 15,771 489,310 67,458 765.8O7 233,576 259.521 493.097 272,710 176,216 96.494 21,490 5,020 41,600 10.613 78.723 175,217 12,931 12.334 25,265 $ 149 952 1991 126,864 16,928 410,758 27,627 582,177 214,656 214,610 429,266 152,911 178,813 25.9O2) 41,646 8,367 75,235 125,248 99,346 14,339 88,475 102,814 $( 3.46~8) 9 ROANOKE REGIONAL AIRPORT COMMISSION (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project Furniture and Equipment Vehicular Equipment Other Equipment Unidentified Construction Refurbish Buildings Paint and Repair Buildings General Aviation Development FAR Part 150 Noise Study Perimeter Road and Electric Projects Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditures 5,009 22,688 3,526 11,576 19,654 850 126,633 141,240 637,899 969,075 749.022 NOTE: Some of these projects are continued from prior years with inception to date totals. 10 CITY OF ROANOKE CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1992 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Total Operating Revenue Less: Operating Expenses Before Depreciation Operating: Personal Services Fringe Benefits Contractual Services Internal Services Utilities and Communications Other Charges Rental and Leases Promotional Expenses: Personal Services Fringe Benefits Contractual Services Other Charges Total Operating Expenses Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Supplement from General Fund Interest on Investments Miscellaneous Total Non-Operating Income Net Income (Loss) 1992 26,538 1,782 5,634 200 10,565 44,719 104,330 23,559 14,181 15,367 54,716 38,208 710 5,471 415 1,197 108) 258,046 213,327) 59,663 272,990) 678,616 715 457 679,78~ 406,798 1991 63,980 12,202 30,126 2OO 18,132 16,659 141,299 86,504 20,689 14,994 93,461 55,023 12,368 36O 12,382 940 2,073 869) 297,925 156,626) 59,923 216,549I ( 1,405) 1,199 ( 206) $(216,755) 11 CIVIC CENTER FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Other Equipment Asbestos Abatement Auditorium Fire Damage Acoustical Enclosure Removal Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditures 1,869 233,835 601,763 95,800 933,267 835,598 NOTE: Some of these projects are continued from prior years with inception to date totals. 12 CITY OF ROANOKE TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1992 Operating Revenue: Wi[liamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenue Less: Operating Expenses Before Depreciation Operating Expenses Total Operating Expenses Before Depreciation Operating Income (Loss) Before Depreciation Less: Depreciation Operating Income (Loss) Add; Non-Operating Income Transfer from General Fund Interest on Investments Miscellaneous Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Operating Subsidy for GRTC Total Non-Operating Expenses Net Income 1~92 $ 56,379 36,265 78,257 37,334 9,157 217,392 266,104 266,104 48,712) 87,366 136,078) 719,163 771 270 720,204 584,126 200,000 200,000 $ 384 128 1991 41,192 35,424 74,455 9.81~ 160,889 57,38~ 57,388 103,501 62,924 40,577 300,000 750) 66 299.316 339,893 200,000 200,000 139,893 13 CITY OF ROANOKE NURSING HOME FUND INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1992 Operating Revenue: Private Patient Fees Medicaid Patient Fees Medicaid Reimbursement Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Operating Supplement Total Non-Operating Income Net Income 1992 20,932 42,392 63,774 127,098 199,076 38,449 237,525 (110,427) 8,741 (119,168) 492 405,553 406,045 286f877 14 CITY OF ROANOKE INTERNAL SERVICE FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 199:2 1991 Operating Revenue: Charges for Services $ 1.220.34:~ $ 1,244,642 Total Operating Revenue 1,220,343 1,244,642 Less: Operating Expenses Before Depreciation Personal Services 819,613 795,612 Operating Expenses 325,877 296,062 Total Operating Expenses Before Depreciation 1,145,490 1,091,674 Operating Income Before Depreciation 74,853 152,968 Less: Depreciation 92,941 102,071 Operating Income (Loss) ( 18,088) 50,897 Add: Non-Operating Income Interest on Investments 13,695 24,781 Total Non-Operating Income 13,695 24,781 Net Income (Loss) $( 4.393} $ 75.678 15 INTERNAL SERVICE FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Management Services - Furniture and Equipment City Information Systems - Other Equipment City Information Systems - Library Automation Equipment Fleet Management - Other Equipment Utility Line Services - Other Equipment Total Year to Date Exoenditures $ 1,918 21,057 4,600 1,329 4,~75 33,279 16 CITY OF ROANOKE, VIRGINIA CITY TREABURER'S OFFICE DENERAL. ~'I'ATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED AUGUST 31, 1992 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY THE MONTH ENDED AUGUST 31. 1992. GENERAL $9,210,550.22 $9,231,094.37 $10,266,339.99 WATER 30,136,663.18 439,433.94 167,294.35 SEWAGE 2,376,812.68 1,027,980.75 1,070,192.19 AIRPORT 5,275,024.56 644,~.-/~..34 294,212.34 CIVIC CENTER 45,39`5..55 649,134.15 70,370.39 INTERN,N-SERVICE 3,692,065.10 6,288.66 824,171.17 TRANSPORTATION (421,110.63) 800,648.97 97,805.72 CAPITAL 20~.561 ~,525.30 281 ;216.34 838;387.99 NURSING HOME 123,255.88 284,210.49 27,230.03 DEBT SERVICE 7,016,271.53 0.00 17,067.55 PENSION (11,337.01) 686,000.00 776,536.25 FDETC (557,787.74) 1,089,531.70 386,269.63 GRANT PROGRAMS 109,638.64 525,451.90 807,654.62 PAYROLL ~ ~ ~ TOTAL $73,265,042.23 $22,607,837.89 $22,573,674.95 $5,828,380.97 1,698,011.02 1,819,968.26 4,298,509.85 (306,433.53) 2,718,270.13 (96,456.~3) 13~.347..079.53 0.00 2,969,540.09 (139,626.91) (320,035.00) 196,635.13 (~', 173.005.83} CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED AUGUST 31, 1992 THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPt:I iIIVE Pf:IOPOSAL~: CERTIFICA't'F_~ OF DEPOSFr DOMINION BANK UNITED STATE8 SIGNET BANK STATE NON-ARBITRAGE PROGRAM (SNAP) TOTAL DATE: SEPTEMBER 14, 1992 17 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 2 MONTHS ENDING AUGUST 31, 1992 R~venv~ 1992 1991 City's Contributions Investment Income Gain on Sale of Investments Income from Bond Discount Amortization Total Revenue 570,381 $ 563,216 52,372 ( 68,187) 770,459 817,841 85,81~ 32,772 $ 1,479.027 $ 1.345,642 (2) Expense8 Pension Payments Fees for Professional Services Expense From Bond Premium Amortization Administrative Expense Total Expenses Net Income Year to Date $ 1,123,940 $ 1,083,546 ( 113) (1) ( 15) 47,060 31,567 4,~)4~ 1,838 1.174.975 1,116,936 $ 304,092 $ 228.706 (2) (1) (2) Reversal of accruals as of June 30, 1992 Reversal of accruals as of June 30, 1991 18 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF AUGUST 31, 1992 1992 1991 Cash Investments: (market value - Due From Other Funds Other Assets Total Assets 1992 $143,746,909 1991 $129,462,342) $( 101,873) 128,390,986 260 18,000 $ 128 307 373 $( 141,007) 114,179,378 710 18,QQ0 $ 114.057.081 Liabilities and Fund Balance Due to Other Funds Total Liabilities Fund Balance, July 1 Net income Year to Date Fund Balance Total Liabilities and Fund Balance 565.287 $ 541,216 565.287 541.216 127,437,994 113,287,159 304,092 228,706 127.742.086 113,515.865 128.307.373 $ 114.057.081 19 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~11 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 30, 1992 File #53B-467 Mr. Finn D. Pincus, Chairperson Roanoke City School Board 1116 Winchester Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Pincus: I am attaching copy of Ordinance No. 31176-092892 authorizing issuance of not to exceed $2,250,000.00 General Obligation School Bonds, Series 1992, of the City of Roanoke, Virginia, to be sold to the Virginia Public School Authority and providing for the form and details thereof. Ordinance No. 31176-092892 was adopted by the Council of the City of Roanoke on first reading on Monday, September 14, 1992, also adopted by the Council on second reading on Monday, September 28, 1992, and will take effect ten days following the date of its second reading. SHE: sw Enc. pc: Sincerely, Sandra H. Eakin Deputy City Clerk Mr. James G. Massey, III, Bond Counsel, Coleman and Massey, P.C., P. O. Box 1489, Roanoke, Virginia 24007 Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William X Parsons, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE The 28th day of September, 1992. No. 31176-092892. AN O~DI~%%NCE authorizing the issuance of not to exceed $2,250,000 General Obligation School Bonds, Series 1992, of the City of Roanoke, Virginia to be sold to the Virginia Public School Authority and providing for the form and details thereof; W~%S, on June 27, 1991, the Commonwealth of Virginia Board of Education (the "Board of Education") placed the application (the "Application") of the School Board of the City of Roanoke, Virginia (the "School Board"), for a loan of $2,500,000 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia and dedicated to the support of public education in the Commonwealth of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the City of Roanoke, Virginia (the "City"), on the First Priority Waiting List; W~REAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and ~ke a commitment to loan such moneys to the School Board (the "Commitment") within one (1) year of placement of the Application on the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of the Application and the approval, by the Board of Education, of the Application as having met all conditions for a loan from the Literary Fund; W~R~%S, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the "Temporary Notes") for the amounts so advanced; W~REAS, after the completion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligation of the School Board to repay the Literary Fund Loan; W~REAS, the Literary Fund Obligation was to have borne interest at four percent (4%) per annum and mature in annual installments for a period of twenty (20) years; W-~REAS, in connection with the 1992 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the City, and the Board of Education has offered to pay to the City, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference, determined on the date that VPSA sells its bonds, between the interest rate that the general obligation school bonds of the City will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the City (the "Issuance Expense Allowance"); W-~REAS, the Council of the City of Roanoke, Virginia (the "Council"), has determined that it is necessary and expedient to borrow not to exceed $2,250,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; W~REAS, the City held a public hearing, duly noticed, on September 14, 1992, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.1-227.8.A, Code of Virginia 1950, as amended (the "Virginia Code"); and W-~.REAS, the School Board has requested, by resolution, the Council to authorize the issuance of the Bonds (as hereinafter defined) and, prior to the issuance of the Bonds, the School Board will have consented to the issuance of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TRE CITY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $2,250,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Council hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Ordinance. 2. Sale of the Bonds. It is determined to be in the best interest of the City to accept (i) the offer of the VPSA and the Board of Education for the VPSA to purchase from the City, and the City to sell to the VPSA, the Bonds in a principal amount at the price of par, which when added to the Lump Sum Cash Payment, will be approximately equal to the capital cost of the Project approved by the Board of Education plus the Issuance Expense Allowance, upon the terms established pursuant to this Ordinance and (ii) the Lump Sum Cash Payment from the Board of Education. The Mayor, or in his absence or disability the Vice-Mayor and such officer or officers of the City as either of them may designate, are hereby authorized and directed to enter into a Bond Sale Agreement dated September 24, 1992 with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Council at this meeting, which form is hereby approved (the "Bond Sale Agreement") 2 and to accept the Lump Sum Cash Payment from the Board of Education. 3. Details of the Bonds. The Bonds shall be issuable in registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1992"; shall bear interest payable from the date of delivery thereof semi-annually on each January 15 and July 15, beginning January 15, 1993 (each an "Interest Payment Date"), subject to the provisions of Section 4 of this Ordinance, at the rates established in accordance with Section 4 of this Ordinance; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Ordinance. 4. Interest Rates and Principal Installments. The Mayor, or in his absence or disability the Vice-Mayor is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that no such interest rate shall be more than ten one-hundredths of one percent (0.10%) over the annual rate to be paid by the VPSA for the corresponding maturity of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that no interest rate on the Bonds shall exceed nine percent (9%) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The Mayor, or in his absence the Vice-Mayor, is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Ordinance. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Ordinance. 5. Form of the Bonds. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment. Pavina Aaent and Bond Reaistrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date or Principal Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11~00 3 a.m. on the business day next preceding such Interest Payment Date or Principal Payment Date. (b) Ail overdue payments of principal or interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) The Director of Finance, in accordance with the City's Procurement Code, is authorized and directed to appoint and employ a bank or trust company, qualified and acceptable to VPSA, to serve as Bond Registrar and Paying Agent for the Bonds. 7. Mo Prepa~ent. The Principal Installments of the Bonds shall not be subject to prepayment. Furthermore, the Council covenants, on behalf of the City, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA. 8. Execution of the Bonds. The Mayor, or in his absence the Vice-Mayor, and the Clerk or any Deputy Clerk of the Council are authorized and directed to execute and deliver the Bonds and to affix the seal of the City thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of and the interest on the Bonds as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of the principal of and the interest on the Bonds as such principal and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate. The Mayor, Vice-Mayor, the City Manager or such other officer or officers of the City as any of them may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds except as provided below. The Council covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the City shall comply with the other covenants and representations contained therein, (ii) that the City shall not file a Form 8038-G for the Bonds with the Internal Revenue Service and (iii) that the City shall comply with (A) the provisions of the Code, except as provided above, so that, except for the fact that the Form 8038-G for the Bonds has not been filed with the Internal Revenue Service, interest on the Bonds would be excludable from gross income for federal income tax purposes and (B) the provisions of the Code so that interest on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitraqe Proqram; Proceeds Aqreement. The Council hereby determines that it is in the best interests of the City to authorize and direct the City Director of Finance to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, Vice-Mayor, the City Manager or such officer or officers of the City as any of them may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds, the VPSA, Public Financial Management, Inc., as investment manager, and Central Fidelity Bank, as depository, substantially in the form submitted to the Council at this meeting, which form is hereby approved. 12. Filinq of Ordinance. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Ordinance to be filed with the Circuit Court of the City. 13. Further Actions. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 14. Authority in Absence of Mayor and Vice-Mayor. In the event of the absence or disability of the Mayor and Vice-Mayor, the City Manager or, in the case of the City Manager's absence or disability, the then-acting City Manager, is authorized to take such actions as are herein authorized and directed for the Mayor and Vice-Mayor. 5 EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA City of Roanoke General Obligation School Bond Series 1992 The City of Roanoke, Virginia (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of DOT.T.ARS ($. .), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 1993 and annually on July 15 thereafter to and including July 15, 201__ (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on January 15, 1993 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annam set forth on Schedule I attached hereto. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, the City's Bond Registrar shall make all payments of principal of and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School 6 Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date. If a Payment Date is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date. Upon receipt by the registered owner of this Bond of said payments of principal and interest, written acknowledgement of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of principal of and interest on this Bond. The ordinance adopted by the Council of the City of Roanoke authorizing the issuance of the Bonds provides, and Section 15.1-227.25 of the Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal of and interest on this Bond as the same shall become due which tax shall be without l~m~tation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. 7 This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 5.1, Title 15.1, Code of Virginia 1950, as amended, and an ordinance duly adopted by the Council of the City to provide funds for capital projects for school purposes. This Bond is registered in the name of Virginia Public School Authority on books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. The principal installments of this Bond are not subject to prepayment. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS W"~OF, the Council of the City of Roanoke has caused this Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice-Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated , 1992. 8 (SEAL) ATTEST: CITY OF ROANOKE, VIRGINIA Clerk, Council of the City of Roanoke, Virginia Mayor, City of Roanoke, Virginia 9 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns transfers unto and PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond an every particular, without alteration or change.) Signature Guaranteed: Date: (NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company.) 10 ~i"4T~ hoke Clly Vlrglhls PubJIc School Aulhorlly ~Cimpsrellve Deb1 Service Schedules EXHIBIT I p~ym~nt 7/15/93 7/15/64 7/15/95 7/15/96 7/15/97 7/15/96 7/15/99 7/15/00 7/15/02 7/I 5/03 7/1~6 7115/07 7/15/00 7/1~00 Endfe Igg2-1994 Firs! Ptlmily Wa/dng List. Vlrglnte Public School Aulharlt¥ Laan '$evlngs' Intmesl Olhet Total FJscad kom VPSA pdnctpal Rate fnle*'est Expenses Debt Sefflce Total Lo~ 30.071.38 30.071.36 30071.39 (6.071.38) 100,700 3.100% 60,142.76 1,100.00 161,942.76 101,184 3.850*/,. 58,561.91 1,100.00 160,665.91 56.634,12 56.634.12 217.500,03 (0.(~3, } 100,365 4.450% 56,634.12 1,100.00 156,099,$ 2 54,401.00 54,401.00 212,5O0.12 (0.12) 101,023 4.600% 54,401.00 100.00 155.524.00 51.976.45 51.976.45 207.500.46 (0.45) 100,971 5.000% 51,976.45 100.00 153,047.45 49,452.17 49,452.17 202.469.62 0.3e 101,126 5.200% 49,452.17 100.00 150,677,17 46,622.92 46.e22.92 197.500.09 {0.09) 101,495 5.400% 46,822.92 100.00 146.417.92 44,062.56 44.082.56 192,5O0.47 (0.47) 102,067 5.550% 44.082.55 100.00 145,249.55 41.250.19 41,250.16 187.499.74 0.26 102,230 5.700% 41,250.16 100.00 144,160.19 36.319 53 36,319,5O 182,499.72 - 0.28 103,797 5.850% 36,319 53 100.00 142,216.63 35,263.47 35,283.47 177,~00.00 0.00 104.956 5.950% 35.263.47 100.00 140.339.47 32,161.03 32,161.03 172,500.50 (0.50) 106.293 6.050% 32.161.03 100.00 138,554.03 28.94567 28,945.07 J67.499.70 0.30 107.824 6.150% 28.945.67 100.00 136,669.67 25,630.08 26,630.08 162.490,75 0.25 109,535 6.200% 26.630.06 100.00 136,265.08 22,234.49 22.234.49 157.499,57 0.43 111,413 6.250% 22,234.49 ! 00.00 133,747.49 18.752.83 18.752.83 152.5O0.32 (0.32) 113.469 6.300% 18,752.63 100.00 132,321.83 115,717 6.350/° 15.178.56 100.00 130,995.56 l 1~,142 6.350% I 1.504.55 lO0.OO 129,746.55 7,753.54 7,733.64 137,500.09 (0.09) 120,726 6.350% 7,753.54 100.00 128,679.64 3,920.49 3,920.49 132,500.03 (0.03) 123,480 6.350% 3,920.49 100.00 127,500.49 0.00 0.00 127,500.49 (O.49) 2,147,112 1,375.985.24 5.000.00 3.$28.097.24 3.528.097.24 (3,097.24) Present Value of Debt Sen, ice Savings ' 95.32 at 603990% P~pered by Public Financial Managemen~ Inc. LocaJSchBndSIzlng2 7/15192 Io:3gAM AD NU'~h~ c: R 'J27 195~Jc~ PUSLISHCR'G F~ - ~?e5.20 RDANOKE CITY SCHOOLS R L K~LLEY '-'US APFAI?g P 0 ~(]X 13145 ROANOKE VA 24031 STATE OF VIR<:,INI~ CITY OF ROANOK2 AFFIDAVIT OF P!JEL I C AT I ON REPR[SENTATIV~ OF T i~- TIMmS-WORLD COR- PORATION~ WHICt CORPORATION IS PUJLISMER OF THE: ROAf~OKc TIqES & wORLD-NEWS, 4 DAILY NE~SP~P=R PULSL[S~taD IN ROANOke, IN THE STA~ OF VIk&I";IA~ 30 CFRTIFY THAT TH~ ANNFXEO NOFICF H~S PUoLtSHEO IN SAID NEWSPAPERS ON ~H~ ~OLL~NING UATES 0 ~)/30/92 SUNDAY 09/06/92 $UND,iY WITNESS, THIS 9TH [)ay i)F SEPTFMBER1992 / ' /,~.6~:~c-~, ~ ,4/ ~. ~,~ ~ ..... ~- ~_ _ ~ '_ ~-_ _ ~ ~ _~_, ~ ~ · ~ - a~JTHO?I~FD SIGNATURE NOTICE OF PUBLIC HEARING ON PROPOSED BOND FINANCING BY THE CITY OF ROANOKE, VIRGINIA Notice is hereby given that the Council of the City of Roanoke, Virginia ("the Council") will hold a public hearing, which may be continued or adjourned, as required by Section 15.1-227.8 of the Code of Virginia of 1950, as amended, at 7:30 p.m. on September 14, 1992 at the Municipal Building, 215 Church Ave. SW, Roanoke, Virginia, in connection with the intention of the Council to consider for passage an ordinance or resolution approving the issuance by the City of its general obligation bond or bonds in an estimated maximum amount of $2,250,000 ("the Bonds") for the purpose of financing in part the costs of improvements and additions to Forest Park Elementary School in the City of Roanoke. Any citizen interested in the issuance of the Bonds may appear and be heard. A copy of the full text of the proposed resolution or ordinance is on file at the office of the Clerk of the council of the City of Roanoke. Given under my hand this 25th day of August, 1992. MARY F. PARKER City Clerk Roanoke, Virginia 8/30/92, 9/6/92 Please publish in full twice in the Roanoke Times & World-News, once on Sunday, August 30, 1992, and once on Sunday, September 6, 1992. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 James B. Massey, III, Attorney Coleman & Massey, P. C. P. O. Box 1489 Roanoke, Virginia 24007 Send bill to: Richard Kelley Executive for Business Affairs Roanoke City Schools P. O. Box 13145 Roanoke, Virginia 24031 CITY OF ROANOKE Interdepartmental Communication DATE: TO: FROM: SUBJECT: August 2~, 1992 Mary F. Parker, City Clerk William X Parsons, Assistant City Attorney Notice of Public Hearinq - VPSA Bond Issue Attached is a copy of a notice of public hearing to be held at the September 14, 1992 City Council meeting with regard to the above-referenced matter. Also attached is a letter to the Roanoke Times and World News from Mr. Massey, bond counsel. I have approved the notice as to form and request that you transmit these documents to the newspaper in time for the notices to be run on Sunday, August 30 and Sunday, September 6. matter. Please contact me if you have any questions about this WXP:dlj Attachments SIGNET BANK BUILDING HO CHURCH AVENUE P. O. BOX 14e9 ROANOKE, VIRGINIA 24007 ATTORNEYS AT LAW TELEPHONe (703) 343-5100 FAX (703) 343-5507 August 20, 1992 Roanoke Times & World News Legal Classified Department 201 Campbell Avenue, S. W. Roanoke, VA 24011 Gentlemen: Enclosed please find a notice of a public hearing to be conducted by the City Council of the City of Roanoke. Please run this notice in the legal classifieds on Sunday, August 30, and Sunday, September 6, 1992. Please forward your affidavit of publication directly to me. Please forward your bill to: Mr. Richard Kelley Executive for Business Affairs Roanoke City Schools P. O. Box 13145 Roanoke, VA 24031 Thank you very much for your assistance. JBMIII/cb Enc. cc: William X. Parsons, Esq. Assistant City Attorney Sincerely, August 10, 1992 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger, Director of Finance School Board Request for Public Hearing I have reviewed the correspondence from the School Board dated August 5, 1992. I School Board to Subsidy program. recommend that you concur with the request of the schedule a public hearing on the Interest Rate JMS:pac  ,~ Finn D. Pincus, Chairman Charles W. Day, Vice Chairman Marilyn C. Curtis /-Roanoke City School Board C. Nelson Harris James M. Turner, Jr. Martha W. O'Neil Frank P. Tota, Superintendent Clubert G. P0ff . ' ' ~ Richard L. Kelley, Clerk of the Board P.O. Box 13145, Roanoke, Virginia 24031 - 703-981-238t · Fax: 703-98t-295t August 5, 1992 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its August 4, 1992 meeting, the Board respectfully requests City Council to approve the application of the City of Roanoke to the Virginia Public School Authority for up to $2,505,500 of financing under the Authority's 1992 Literary Fund Interest Rate Subsidy Program. The program would provide funding for improvements and additions to Forest Park Elementary School. The Board further requests the City of Roanoke to issue its general obligation school bonds in an amount not to exceed $2,250,000 pursuant to such Interest Rate Subsidy Program, and to consent to the issuance of such bonds. As the first step in the application process, Roanoke City Council is requested to approve at its August 10, 1992 meeting the scheduling of a public hearing on the issuance of such bonds. The public hearing should be held as part of the City Council meeting scheduled for September 14, 1992. The bond sale will replace the approved $2.5 million Literary Fund loan for Forest Park Elementary School with VPSA bonds. The sale is necessary since the state has insufficient funds to cover the cash flow needs of outstanding Literary Fund loans. The state will subsidize the interest rate in order that the effective rate is the same as the Literary Fund rate of 4%. Sincerely, Executive for Business Affairs rg Enc. CC: Mr. Finn D, Pincus Dr. Frank P. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilburn C, Dibling Mr. Joel M. Schlanger Excellence in Education ,~ Finn D. Pincus, Chairman Charles W. Day, Vice Chairman Marilyn C. Curtis /.-Roanoke City School Board C. Nelson Harris Martha W. O'Neil Clubert G. Poff P.O. Box 13145, Roanoke, Virginia 24031 · 703-98t-2381 · Fax: 703-981-2951 August 4, 1992 James M. Turner, Jr. Frank P. Tota, Superintendent Richard L. Kelley, Clerk of the Board RESOLUTION OF ROANOKE CITY SCHOOL BOARD REQUESTING THE CITY OF ROANOKE TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF "RESOLVED that the Roanoke City School Board hereby (i) requests the City of Roanoke to apply to the Virginia Public School Authority for up to $2,505,500 of financing under the Authority's 1992 Literary Fund Interest Rate Subsidy Program to provide funding for improvements and additions to Forest Park Elementary School, (ii) requests the City of Roanoke to issue its general obligation school bonds in an amount not to exceed $2,250,000 pursuant to such Interest Rate Subsidy Program, and (iii) consents to the issuance of such bonds." Finn D. Pincus Chairman Clerk of the Board rg Excellence in Education CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (703) 981-2541 MARY F. PARKER SANDRA H. EAKIN City Clerk Deputy City Clerk September 30, 1992 File #51-249 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31177-092892 providing for certain amendments and revisions to Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, said amendments and additions to clarify and make certain sections consistent with the State Code to permit special uses for historic structures, to improve communication between the Board and affected areas, to eliminate the necessity of amending the Zoning Ordinance each time certain fees are changed, and to prohibit outside storage in residential areas to ensure more effective enforcement; and amendments to the Zoning Ordinance relating to the Architectural Review Board, the H-2 District, and Special Uses in Historic Structures. Ordinance No. 31177- 092892 was adopted by the Council of the City of Roanoke on first reading on Monday, September 14, 1992, also adopted by the Council on second reading on Monday, September 28, 1992, and will take effect ten days following the date of its second reading. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: sw Eric. pc: The Honorable G. O. Clemens, Chief Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 The Honorable Kenneth E. Trabue, Judge, Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable Roy B. Willett, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court Mr. W o Robert Herbert Page 2 September 30, 1992 pc: The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Julian H. Raney, Jr., Judge, General District Court The Honorable Richard C. Pattisal, Judge, General District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney The Honorable Arthur B. Crush, III, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Mr. Bobby D. Casey, Office of the Magistrate Ms. Clayne M. Calhoun, Law Librarian Mr. William F. Clark, Director, Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, City Planner Mr. Charles M. Huffine, City Engineer Mr. Charles A. Price, Jr., Chairperson, City Planning Commission Mr. L. Elwood Norris, Chairperson, Board of Zoning Appeais Mr. W. L. Whitwell, Chairperson, Architectural Review Board Mr. John R. Marlles, Chief, Community Planning Ms. Evelyn S. Gunter, Secretary, Architectural Review Board Ms. Patti Hanes, Secretary, Board of Zoning Appeais Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 Mr. George Seamans, 414 Walnut Avenue, S. W., Roanoke, Virginia 24016 Ms. F. C. Stultz, 3428 Forest Hill Avenue, N. W., Roanoke, Virginia 24012 Mr. John P. Cone, Jr., 522 Mountain Avenue, S. W., Roanoke, Virginia 24016 IN THE COUNCIL OF THE CITY OF ROANOKE, The 28th day of September, 1992. AN ORDINANCE No. 31177-092892. VIRGINIA, amending ~36.1-345, District requlations; certificate of appropriateness; §36.1-552, Uses permitted by special exception by the addition of new subsection (g); §36.1-553, General standards, by the addition of new subsection (b); §36.1- 641, Powers qenerally by the addition of new subsection (e); and subsections (a) and (d) of S36.1-710, Fees generally; of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, and adding new S36.1-59, Outdoor storaqe; ~36.1-78, Outdoor storaqe, §36.1-95, Outdoor storaqe, ~36.1-113, Outdoor storage, S36.1-133, Outdoor storaqe, §36.1-152, Outdoor storaqe, to Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, such amendments and additions to clarify and make consistent with the State Code certain sections, to permit special uses for historic structures, to improve communication between the board and affected areas, to eliminate the necessity of amending the zoning ordinance each time a fee is changed, and to prohibit outside storage in residential areas to ensure more effective enforcement. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-345, District regulations; certificate of appropriateness; ~36.1-552, Uses permitted by special exception by the addition of new subsection (g); ~36.1-553, General standards, by the addition of new subsection (b); S36.1-641, Powers generally by the addition of new subsection (e); and subsections (a) and (d) of §36.1-710, Fees qenerally; of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, be, and are hereby, amended and reordained to read and provide as follows: §36.1-345. District regulations; certificate of approDriateness. (a) In order to encourage the preservation and enhancement of the district and encourage the rehabilitation and new construction in conformance with the existing scale and character of the district, the architectural review board shall review and approve the erection of new buildings or structures, including signs, the demolition, moving, reconstruction, alteration or restoration, of existing structures and buildings, or reduction in their floor area, including the enclosure or removal of a porch. No such erection, demolition, moving, reconstruction, alteration, restoration, or enlargement or reduction of a structure, or building, shall be undertaken without the issuance of a certificate of appropriateness by the board, unless otherwise specified herein. (b) The painting or ordinary maintenance of any building, structure or historic landmark in the district shall not require a certificate of appropriateness. Ordinary maintenance shall be any activity relating to a building, structure, or landmark which constitutes a minor alteration of any element of a building, structure, or landmark, and which is, or should be, performed on a regular and relatively frequent basis to maintain architectural and structural integrity. (c) The installation or replacement of siding, or the replacement of porches, stairs, awnings, roofing materials, windows, or other similar modifications to an element of a building, structure, or landmark shall not require a certificate of appropriateness, provided that such installation or replacement is performed using materials which are of the same design as those on the building, structure or landmark, and provided that such installation or replacement maintains the architectural defining features of the building, structure or landmark. (d) The determination of whether an activity constitutes ordinary maintenance, or whether an installation or modification otherwise requires a certificate of appropriateness, under this section shall be made by the zoning administrator in consultation with the secretary to the architectural review board. 2 (e) Whenever a certificate of appropriateness is required, no building permit shall be issued until the certificate of appropriateness has been granted. The zoning administrator shall make routine inspections of the work being performed pursuant to such building permit to ensure compliance with the terms of the certificate of appropriateness. (f) This section shall not prevent the demolition or razing of a building, structure, or historic landmark which the building commissioner certifies in writing is required for public safety because of an unsafe or dangerous condition. (g) After an area has been zoned H-2, the architectural review board may recommend to the city planning commission that more specific regulations be adopted for that particular district. This section shall be amended as provided for in section 36.1-690, et seq. §36.1-552. Uses permitted by special exception. (g) Clubs, lodges, fraternal organizations or other similar uses which involve the assembly of persons for the purposes of civic, social, or religious functions, or recreation. §36.1-553. General standards. (b) In considering the request, the Board of Zoning Appeals shall make its findings based on the standards set forth in section 36.1-656, and more specifically by the following: (1) The proposed use is compatible with the neighborhood and activities permitted within the structure can adequately be buffered from any surrounding residential use. Conditions may be established with respect to noise, lighting, and other factors that may affect adjacent properties; (2) The resulting traffic generation will not overburden existing roads and adequate parking can be provided without unduly destroying the landscape or the setting of the structure; and (3) The proposed use structure and will the structure. is appropriate to the aid in the preservation of §36.1-641. Powers generally. (e) The board may appoint an advisory committee, consisting of up to three (3) persons, for each historic district or identifiable neighborhood under its jurisdiction, to assist them in understanding specific district issues. Committee members shall represent a diversity of interests in the historic area. The board shall meet with such appointed advisory committees at a minimum on an annual basis or as often as mutually agreed upon. §36.1-710. Fees generally. (a) The city council shall establish a schedule of fees and charges and a collection procedure for zoning permits, certificates of zoning compliance, appeals, amendments, and other matters pertaining to the regulations prescribed by this chapter. The cost of all advertising notices required for amendments to this chapter, including rezonings, shall be borne by the applicant. The schedule of fees and charges shall be as set forth in the Fee Compendium of the City of Roanoke and shall be available in the office of the zoning administrator and city clerk and may be altered or amended only by city council. (d) The applicable fees as outlined in the Fee Compendium shall be payable upon application. For the purpose of determining such fees, where a tract involves a fraction of an acre, said fraction shall be calculated as an acre. 2. Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended by the addition of new S36.1-59, Outdoor storage, §36.1-78, Outdoor storage, ~36.1-95, Outdoor storage, follows: storage, S36.1-113, Outdoor storage, §36.1-133, Outdoor and ~36.1-152, Outdoor storage, to read and provide as ~36.1-59. Outdoor storage. There shall be no outdoor storage permitted in the RA district except as may be permitted in conjunction with a special exception use. 4 §36.1-78. Outdoor storage. There shall be no outdoor storage permitted in the RS-1 and RS-2 district except as may be permitted in conjunction with a special exception use. §36.1-95. Outdoor storaqe. There shall be no outdoor storage permitted in the RS-3 district except as may be permitted in conjunction with a special exception use. ~36.1-113. Outdoor storage. There shall be no outdoor storage permitted in the RM-1 district except as may be permitted in conjunction with a special exception use. §36.1-133. Outdoor storaqe. There shall be no outdoor storage permitted in the RM-2 district except as may be permitted in conjunction with a special exception use. §36.1-152. Outdoor storage. There shall be no outdoor storage permitted in the RM-3 and RM-4 districts except as may be permitted in conjunction with a special exception use. ATTEST: City Clerk. Roanoke City Planning Commission September 14, 1992 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Proposed amendments and revisions to Chapter 36.1, Zoning, of the Code of the City of Roanoke, 1979, as amended. Background: A. Purpose of the proposed ordinance amendments and revisions is twofold: (1) for more effective zoning enforcement in residential areas, it is necessary to set forth provisions in the code to specifically address -open/outdoor storage"; and (2) to eliminate the necessity of amending the zoning ordinance each time a development permit fee is changed, it is recommended that such fee schedule in the zoning ordinance be deleted and that reference be made to the Fee Compendium as adopted and amended by City Council be substituted. B. Ordinance and Names Subcommittee held several meetings with City Planning staff to evaluate the proposed amendments. On June 10, 1992, the subcommittee recommended the proposed ordinance amendments and revisions to the Planning Commission for public hearing. Planninq Commission public hearing was held on Wednesday, August 5, 1992. Mr. John Bradshaw, Chairman of the Ordinance and Names Subcommittee, summarized the proposed amendments and stated that the subcommittee recommended approval of the amendments and revisions as presented. No one from the audience appeared before the Commission to speak in favor or in opposition to the proposed amendments or revisions. II. Issues: More effective zoninq ordinance enforcement. Eliminate repetitious zoninq ordinance amendments to reflect development permit fee chanqes. Room 355 Municipal Building 215 Church Avenue, SW. P.z~anoke, Virginia 24011 (703) 981-2344 III. Alternatives: City Council approve the proposed ordinance amendments and revisions: Zoning inspectors will have specific provisions set forth in the code to cite violators when necessary to seek court action to eliminate "open/outdoor storage" in residential areas throughout the City. Fee schedule for development activities as set forth in the zoning ordinance would be listed with all other fees as adopted and amended by the City in the Fee Compendium and therefore, would eliminate the necessity of amending the zoning ordinance each time such a fee is changed. Be City Council deny the proposed ordinance amendments and revisions. "Open/outdoor storage" of miscellaneous items and materials would continue to be a problem in residential areas throughout the City with no legal recourse available to staff to pursue the correction of such "implied" zoning violation. City Council would continue to consider and take action on numerous ordinance amendments for each and every permit fee as listed in the zoning ordinance when proposed changes are made. III. Recommendations: The Planning Commission, by a vote of 7-0, recommended that City Council approve the proposed zoning ordinance amendments and revisions as presented finding that both text amendments would provide staff needed tools for more effective and efficient code enforcement and administration. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission CAP:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Roanoke City Planning Commission Proposed Zoning Ordinance Amendments Comment: The City Attorney's Office has indicated that an amendment to the zoning ordinance specifically prohibiting outside storage in residential areas is necessary to insure more effective enforcement. Proposed Amendment(s): Create Section 36.1-59. Outdoor storaqe. page 2906) (for RA district. There shall be no outdoor storaqe permitted in the RA district except as may be permitted in con~unction with a special exception use. Create Section 36.1-78. Outdoor storaqe. RS-2 districts, page 2909 (for the RS-1 and There shall be no outdoor storage permitted in the RS-1 and RS-2 district except as may be permitted in con~unction with a special exception use. Create Section 36.1-95. Outdoor storaqe. (for the RS-3 district, page 2912) There shall be no outdoor storaqe permitted in the RS-3 district except as may be permitted in con~unction with a special exception use. Create Section 36.1-113. Outdoor storaqe. (for the RM-1 district, page 2915) There shall be no outdoor storage permitted in the RM-1 district except as may be permitted in con~unction with a special exception use. Create Section 36.1-133. Outdoor storage. district, page 2917) (for the RM-2 There shall be no outdoor storage district except as may be permitted special exception use. permitted in the RM-2 in conjunction with a Create Section 36.1-152. Outdoor storaqe. RM-4 districts, page 2920) (for the RM-3 and 1 There shall be no outdoor storaqe permitted in the RM-3 RM-4 districts except as may be permitted in conjunction with a special exception use. Comment: To eliminate the necessity of amending the ordinance each time one of the development permit fees is changed, it is recommended that the current language in the zoning ordinance identifying specific fees be deleted and that reference be made to the Fee Compendium as adopted and amended by City Council be substituted. Proposed Amendment(s): Section 36.1-710. Fees generally. (page 3050) (a) The city council shall establish a schedule of fees and charges and a collection procedure for zoning permits, certificates of zoning compliance, appeals, amendments, and other matters pertaining to the regulations prescribed by this chapter. The cost of all advertising notices required for amendments to this chapter, including rezonings, shall be borne by the applicant. The schedule of fees and charges shall be as set forth in the Fee Compendium of the City of Roanoke and shall be available in the office of the zoning administrator and city clerk and may be altered or amended only by city council. (d) The ~-'~ .... 4_~ applicable fees as outlined in the Fee Compendium shall be payableT upon application. For the purpose of determining such fees, where a tract involves a fraction of an acre, said fraction shall be calculated as an acre. Roanoke Cil~ Planning Commission September 14, 1992 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Amendments to Zoning Ordinance relating to the Architectural Review Board, the H-2 District, and Special Uses in Historic Structures I. Background: ae City Council requested public involvement and clarification of Section 36.1-345(b) of the H-2 District dealing with review of certain undertakings by the Architectural Review Board and ordinary maintenance in February~ 1991. Architectural Review Board held an advertised public meeting to discuss the issue in May, 1991. Zoning amendments were studied by the ARB and city staff and coordinated with various groups (neighborhood organization, building interests, interested citizens, and realtor board). Recommendations were forwarded to the Ordinance & Names Subcommittee of the City Planning Commission for consideration in December, 1991. A public hearing was scheduled for April, 1992, but was deferred as a result of a citizens' group request for a hearing on continuing the H-2 District as a whole. Be Public Hearing on H-2 District on 5/6/92 supported continuance of the district and emphasized need for better communication between the ARB and the residents of Ce historic districts. Planning Commission Ordinance Subcommittee subsequently recommended that Section 36.1- 641 (powers of the Architectural Review Board) be amended to provide for the appointment an official advisory group for each district to facilitate communication. Related amendments to Sections 36.1-552 and 553, which provide for an additional Special Exception Use in Historic Structures~ has been included with these recommended code changes. The additional provisions Roc~n 355 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 (703) 98t 2344 Members of Council Page 2 would allow certain historic structures to be used as clubs, lodges, fraternal organizations, or other similar uses involving public assembly for various functions or recreation. The Board of Zoning Appeals would review and approve requests based upon criteria set forth in the zoning ordinance. Several historic properties in Roanoke could benefit from this additional provision. II. Current Situation: Ae Public Hearinq on the attached amendments was held on 8/5/92. There were no public comments on the amendments to Section 36.1-641 (advisory committee) or to Sections 36.1-552 and 553 (special use in historic structure). Planning Commission unanimously (7-0) approved the amendments. C. Five persons commented on the amendments to Section 36.1- 345. Ms. Sharon Fralin, 402 Allison Avenue, expressed concern for iow income persons living in the district, especially with regard to meeting rehabilitation standards, economic hardship, and possible discouragement for renovating substandard housing. Mr. Kent Chrisman, 632 Walnut Avenue, indicated that Old Southwest, Inc. felt that the ordinance should be strengthened, rather than loosened, and the amendments reflected their concern and clarified the issue of ordinary maintenance. He felt that additional design guidelines would assist in clarifying rehabilitation issues. Mr. John Cone, 522 Mountain Avenue, advised that the neighborhood contained many structures of poor construction which were not historic. He expressed concern that the city was mandating stringent Secretary of the Interior Standards on the area. Mrs. Carolyn Otterman, 601 Allison Avenue, recommended that the city confer with the Town of Newbern, Virginia which had been designated a historic district and had successfully used the district to their benefit. Mr. Charles Osterhoudt, 3259 Avenham Avenue, stated that the proposed amendments may not go far enough in defining ordinary maintenance. He felt that the ordinance was a step in the right direction, but that administrative decisions needed to be based on specific guidelines which were legally supportive. There was additional discussion among Commission members reqarding the amendments to Section 36.1-345. Mr. Buford felt that based upon comments from some of the speakers, that perhaps the matter should be studied further. Mr. Bradshaw advised that the matter had been studied by the Members of Council Page 3 Ordinance Subcommittee and the Assistant City Attorney and that the amendment was a step forward in correcting some of the inconsistencies in the ordinance. He also advised that the Ordinance Subcommittee would continue to work with concerned citizens and the ARB in the interim in improving operation of the historic districts and addressing other issues. E. Planning Commission approved the amendments to Section 36.1-345 by a vote of 5-2 (Mr. Buford and Mrs. Coles votinq aqainst the motion and Messrs. Bradshawt Pricer Sowerst Jones~ and Ferquson votinq in favor of the motion). III. Alternatives: ADDrove the proposed amendments to Sections 36.1-345t 36.1-552~ 553 and Section 36.1-641. H-2 District code consistent with state code and ordinary maintenance clarified, as requested by City Council. Certain historic structures may be rehabilitated and developed for a compatible use. e Improved communication encouraged between ARB, residents and through the advisory committee. Not approve the proposed amendments to Sections 36.1-345~ 36.1-552~ 553 and Section 36.1-641. Additional study of Section 36.1-345 would need to be undertaken to clarify ordinary maintenance and ARB review of certain construction in the H-2 District. Some special exception uses are already available for certain historic structures (studios, professional offices, galleries, community centers, etc.). Additional use as proposed would not be permitted. Communication between ARB and residents still could be encouraged. No formal advisory committee would be stipulated in city code. IV. Recommendation: The Planning Commission recommends that City Council approve the proposed amendments to Sections 36.1-345~ 36.1-552~ 36.1- Members of Council Page 4 553 and 36.1-641. The subject amendments have been under much study since February of 1991. The Architectural Review Board has assisted in the effort and public comment and input has been solicited by both the ARB and the Planning commission through public hearings and individual discussions. The amendment to Section 36.1-345 is needed to clarify the code and is one of the first steps in continuing the purposes of the H-2 District. Architectural Design Guidelines, recently authorized for funding by City Council, will also assist in clarifying rehabilitation issues in the city's historic districts. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission CAP:ESG:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Comment: The purpose of the Architectural Review Board is to identify historic properties and promote their preservation in the City. Representatives should have a community-wide perspective. At a recent public hearing on the continuation of the H-2 District, a number of citizens and residents indicated improved communication between the Board, residents and property owners was important in improving the administration of the City's historic districts. The establishment of an advisory committee for each historic area will help improve communication between the Board and affected areas. Proposed Amendments: Section 36.1-641. Powers generally. (e) The board may appoint an advisory committee~ consisting of up to three (3) persons~ for each historic district or identifiable neighborhood under its ~urisdiction~ to assist them in understanding specific district issues. Committee members shall represent a diversity of interests in the historic area. The board shall meet with such aDDointed advisory committees at a minimum on an annual basis or as often as mutually agreed upon. Comment: Current code needs to be clarified and made consistent with Section 15.1-503.2 of the Code of Virginia in order to better specify the Architectural Review Board's jurisdiction in the H-2 district. Current regulations do not specifically address reconstruction, alteration, or restoration of a building or structure within the district. A structure may include signs, fences, walls, and parking lots. Clarification of the code will assist staff and the public in understanding the authority of the Board. Proposed Amendments: Section 36.1-345. appropriateness. District regulations; certificate of (a) In order to encourage the preservation and enhancement of the district and encourage the rehabilitation and new construction in conformance with the existing scale and character of the district, the architectural review board shall review and approve the erection of new buildings or structures, including siqns~ the demolition or mcvln~ ~ moving~ reconstruction~ alteration or restoration of existing structures and buildings, and the structural enlargement of structures and buildings, or reduction in their floor area, including the enclosure or removal of a porch~ _-~-.._ .._-- No such erection, demolition, moving, reconstructiond alteration~ restorationd or enlargement or reduction of a structure ~ or buildinq~ shall be undertaken without the issuance of a certificate of appropriateness by the board~ unless otherwise specified herein. Comment: City Council has requested that "ordinary maintenance" in this section of the code be clarified. The inclusion of roof and window replacement and installation of siding as ordinary maintenance have been issues. Depending on the extent of the work done, replacement of roofs, windows, and siding can require substantial construction and have great architectural impact, especially when materials used are different in design from those existing. ......... = ........................... = ...... The painting or ordinary maintenance of any building, structure or historic landmark in the district, shall not require a certificate op Cr~i .......................... of appr riateness, nary .... Ordinary maintenance shall be any activity relating to a buildingd structured or landmark which constitutes a minor alteration of an~ element of a buildinqd structured or landmarkd and which isd oz should be, performed on a regular and relatively frequent basis tu maintain architectural and structural integrity. (c) The installation or replacement of sidinq, or the replacement of porchesd stairsd awninqsF roofing materialsd windowsF or othe~ similar modifications to an element of a bulldinqd structureF o~ landmark shall not require a certificate of appropriateness~ provided that such installation or replacement is performed using materials which are of the same design as those on the buildinqd structure or landmarkd and provided that such installation o~ replacement maintains the architectural defining features of th~ buildinqd structure or landmark. (d) The determination of whether an activity constitutes ordinary maintenanced or whether an installation or modification otherwise requires a certificate of appropriateness, under this section shall be made by the zoninq administrator in consultation with the secretary to the architectural review board. Existing Subsection (c) becomes (e). Existing Subsection (d) becomes (f). Existing Subsection (o) becomes (g). Comment: Additional special uses should be permitted in ~istoric structures to assist property owners in successfully preserving and rehabilitating structures. In many cities historic buildings are used for various functions which allow the assembly of people (i.e. clubs, wedding receptions, luncheons, etc.). In the past year, there have been several property owners who have expressed an interest in such a provision. Proposed Amendment: Section 36.1-552. Uses permitted by special exception. (q) Clubs, lodges, fraternal organizations or other similar uses which involve the assembly of persons for the purposes of civic, social~ or religious functions~ or recreation. Section 36.1-553. General standards. ...4~4~ ~ ~t~ ~_--~ ~ ----- '--' (c) ~" rccult:ng ...... g ....... ~ ....................... nd i% dcctrc ng ~c !andcca~c -- ~h- ~ (b) In considerinq the request~ the Board of Zoning Appeals shall make its findings based on the standards set forth in Section 36.1 656~ and more specifically by the following: (1) The proposed use is compatible with the neighborhood and activities permitted within the structure can adequately be buffered from any surrounding residential use. Conditions may be established with respect to noise~ liqhtinq, and other factors that may affect adjacent prooerties. (2) The resulting traffic generation will not overburden existing roads and adequate parking can be provided without unduly destroying the landscape or the setting of the structure · (3) The proposed use is appropriate to the structure and will aid in the preservation of the structure. Office of the City Manager September 1, 1992 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject Proposed amendments to Zoning Ordinance dealing with historic districts and Architectural Review Board. At your meeting on September 14, you will be considering proposed amendments to the Zoning Ordinance (attached) which have been recommended by the Architectural Review Board and the City Planning Commission. The amendments to Section 36.1-345 dealing with review of certain construction in the H-2 District and ordinary maintenance were specifically requested byCity Council in 1991 and have been discussed and studied by appointed officials, City staff, and citizens over the past year. Because of the past sensitive nature of this matter and the complexity of issues dealing with historic districts in general, I would like to offer you an opportunity to discuss the amendments and to answer any questions prior to the public hearing on 9/14/92. Please call me or John Marlles, Chief of Community Planning, at 981-2344, if you would like to arrange for a briefing on this matter. Sincerely, W. Robert Herbert City Manager cc: Charles A. Price, Jr., Chairman, Planning Commission W. L. Whitwell, Chairman, Architectural Review Board Wilburn C. Dibling, Jr., City Attorney u,~F. Parker, City Clerk John R. Marlles, Chief, Community Planning Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (703) 981-2333 PU£JLISH~it'S r-er:" - ~,1 f.o ~)' CITY OF f~OA~,,'OK~ C/O MARY F PARKFR CITY CLERKS OFFIC~ ROOM 456 MUNICIPAL ~LDG ROANOKE VA 24011 STATE i]F VIRGINIA CITY OF ROANOK~ ,AFFIDAVIT ~]F PUBLICATION I, {Ti!~_ U;~[)ERSI,S!'~ 0) AN AUIHOF(IZED F',EPRESEhTATIVE OF Tii[: TI~'ES-WOF, LO COR- PORATION, '~HICq CO;~.POkATII]N IS PdOLISHER OF TH~ ROANOKE TIM~]S ~ WdRLD-NEWS, A DAILY NEWSPaPer< PU~>LISHEO IN ROANOKE, IN THE STATE OF VIRGIt~IA, DO C~RTIFY THAT THL ANNEXED NOFICE ~AS PU~'~LISHEO tN SAID NE~SPAPERS C)~ TH~ FOLLOWINb DATES 0iJ/28/92 M:ORNI IG NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of S15.1-431, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, September 14, 1992, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., in order to consider amendments and revisions to Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended. The proposed amendments would amend the following sections of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1950), as amended: §36.1-59, §36.1-78, ~36.1-95, ~36.1-113, ~36.1-133, S36.1-152, ~36.1-345, ~36.1-552, §36.1-553, ~36.1-641, and S36.1- 710, suc~u,~endments and additions shall clarify and make consistent with the State Code certain sections, permit special uses for historic structures, improve communication between the board and affected areas, eliminate the necessity of amending the zoning ordinance each time certain fees are changed, and prohibit outside storage in residential areas to ensure more effective enforcement. A copy of said proposed amendments is available for review in the Office of the City Clerk, Room 456, Municipal Building. Questions about the content of the proposed regulations should be directed to the Office of Community Planning, 981-2344. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 26th day of August , 1992. ~lary F. Parker, City Clerk. Please publish in full twice in the Roanoke Times & World-News, once on Friday, August 28, 1992, and once on Friday, September 4, 1992. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Sept. 14, 1992 To: Mayor David Bowers and members of City Council Re: Public hearing on proposed amendments to the H-2 zoning overlay As an Old Southwest homeowner for 17 years, I strongly sup- port the H-2 historic-preservation concept. I believe the amendments recommended by the City Planning Commission are a step toward better enforcement of that concept. H-2 zoning has been instrumental in (a) preserving a neigh- borhood whose historic and architectural value is attested to by its placement on state and national registers of historic places, (b) attracting literally millions of dollars of in- vestment into the neighborhood, and (c) steadily increasing property values in the neighborhood, to the benefit of the city's tax base. Encouragingly, this increase in property values seems more the result of renovations and property improvements than of speculation. The increase in values is vital to stemming the loss of inner-city housing stock, because it makes restoring and maintaining property more economically feasible than ne- glecting or demolishing it. I am aware that you have received a number of communications from one individual Old Southwest property-owner who, for reasons that are a mystery to me, seems unalterably opposed both to H-2 and to the larger concept of historic preserva- tion. I am confident, however, that the vast majority in Old Southwest support H-2 and historic preservation. Due to a schedule conflict, my wife and I are unable to at- tend tonight's public hearing. But as an Old Southwest homeowner who has stayed in the neighborhood in part because of H-2, I wished ~ express the above views. Thank you. Sincer~el y, R~oke VA 24016 NOTICE OF PUBLIC HEARING BEFORE THE.~OA~K~.; CITY PLANNING COMMISSION -~ o~ :~ !~:.'i,? TO WHOM IT I~Y CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, August 5, 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, S.W., in order to consider the following proposed amendments to Zoning of the Code of Ordinances of the City of Roanoke: Section 36.1-345.(a) through (g). District regulations; certificate of appropriateness.; creation of Sections 36.1- 59., 36.1-78., 36.1-95., 36,1-113., 36.1-133., 36.1-152. Outdoor storage.; Section 36.1-641. Powers generally.; Section 36.1-710. Fees generally.; Section 36.1-552. Uses permitted by special exception.; and Section 36.1-553. General standards. A copy of said proposed amendments 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, July 21, 1992 Please run in newspaper on Tuesday, July 28, 1992 Please bill and send affidavit of publication to: Office of Community Planning Room 355, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 October 15, 1992 Mr. Howard E. Musser 2767 Wilshire Avenue, S. W. Roanoke, Virginia 24015 Dear Councilman Musser: SUBJECT: Historic District Information At City Council's meeting on September 14, you requested that I provide you with some additional information regarding the differences between the H-l, Historic District and the H-2, Neighborhood Preservation District. In response to your request, the Office of Community Planning has prepared the enclosed material. I hope that you will find this information helpful. Should you have any additional questions, please contact me at 857-3113 or John Marlles at 981-2344. Sin~el~;~ ~ / / j hno p .~a~h~a~w,/~/~., Chairman Ordinances and Naples Sub-Committee Enclosures CC: Charles A. Price, Jr., Roanoke City Planning Commission W. L. Whitwell, Roanoke Architectural Review Board L~a~y F. Parker, City Clerk W. Robert Herbert, City Manager Roo~n ,355 Municipal Building 215 Church Avenue S W Roanoke Virginia 24011 (703) 981 2344 WHAT IS THE DIFFERENCE BETWEEN THE H-1 AND H-2 HISTORIC DISTRICTS? The H-l, Historic District is a special overlay zoning district established to designate individual structures or areas in the city that are on or eligible for the Virginia l~ndmA~ks Register or the National Register of Historic Places or are of special local significance. The district is administered by the Architectural Review Board which reviews the following: · all exterior changes to existing buildings requiring a building permit · new buildings/structures, including signs · additions to buildings · demolition/moving of buildings or structures In reviewing the above, the ARB considers all detsila of exterior improvements, including paint color and placement, signs, fhxtures, and awning fabric, etc. The StandArds for Review are stringent and include the Secretary of the Interior Standards for the rehabilitation of historic properties. More emphasis is placed on restoring important buildings or structures. The H-2, Neighborhood Preservation District is also a special overlay zoning district. The district was established for neighborhoods to ensure the preservation of buildings, in their aggregate or individually, which are of special commnnity significance. This district encourages the preservation, protection, and enhancement of streetscapes, structures, and areas of importance, and encourages rehnhilitation, alterations, and new construction which is compatible with the e~sting scale and character of surrounding properties. The district is administered by the Architectural Review Board which reviews the following: · new buildings/structure~, including signs · additions to buildings/structures · demolition/moving of e~isting buildings/structures · reconstruction of buildings/structures when a different design is proposed · installation of siding, roofing mAf~r~AIs~ and windows when a different design is proposed In reviewing the above, the ARB emphasizes compatibility in design versus restoration. Review guidelines are less stringent thsn in the H-1 District and do not include Secretary of the Interior Standards. The guidelines set forth in the regulations encourage minimal alteration to existing buildings, and new construction ttmt enhnnces visual and spatial qualities of the district. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21 ~ Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 30, 1992 File #4~-429 Mr. W. Robert Herbert City Manager Roanoke, Virginia Mr. Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Gentlemen: At a regular meeting of the Council of the City of Roanoke held on Monday, September 28, 1992, Council approved the form of a pension opinion request and voted to retain the law firm of Williams, Mullen, Christian and Dobbins to issue the required opinion. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: sw David A. Bowers Mayor Beverly T. Fitzpatrick, Vice-Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 2401 1-1536 Telephone: (703) 981-2541 September 28, 1992 Council Members: Elizabeth T. Bowles 3ames G. Harvey, II Delvis O. "Mac" McCadden Howard E. Musser William White, Sr. Re: Pension Opinion Request This is to request the opinion of your firm with respect to the legality of certain pension benefits granted by City Council in 1989 and 1992 and as to the possible repeal of such benefits. Your opinion is also requested as to the legality of certain special benefits granted to police and firefighters of the City and not available to rank and file employees of the City under the City of Roanoke Pension Plan. Roanoke City Council members are elected to four year terms pursuant to S4 of the City Charter. The City Manager is appointed by City Council and holds office at the pleasure of City Council pursuant to S20 of the City Charter. The City Clerk, Director of Finance, Municipal Auditor and City Attorney are each elected by City Council and serve for two years terms pursuant to S9 of the City Charter. The Director of Real Estate Valuation (Assessor) is appointed by City Council for an indefinite term and holds office during the pleasure of Council. See ~32-37, Code of the City of Roanoke (1979), as amended ("City Code"). The City Manager, City Clerk, Director of Finance, Municipal Auditor, City Attorney and Director of Real Estate Valuation are collectively referred to as "Council-appointed officers". City Council has established a local pension plan pursuant to ~65 of the City Charter and S51.1-800, Code of Virginia (1950), as amended ("State Code"). The local pension system consists of the Employees' Supplemental Retirement System (S$22.1-37 - 22.1-52, City Code), the Employees' Retirement System (~$22.1-53 - 22.1-71, City Code) and the Police and Fire Department Pension Plan (~22.1- 72, City Code). The three pension systems are collectively known as the "City of Roanoke Pension Plan". City Council members participate in the City Pension Plan pursuant to S14.1-47.2 of the State Code. The Plan year for the City Pension Plan is July 1 through June 30. September 22, 1992 Page 2 On June 27, 1989, City Council adopted two ordinances providing for a minimum benefit for City Council members and Council-appointed officers on June 30, 1989. Copies of Ordinance Nos. 29651 (Council-appointed officers) and 29652 (Council members) are attached hereto. For the affected officers, the foregoing ordinances provided that each would be entitled to a minimum benefit equal to his benefit calculated as of June 30, 1989, but with his membership service as of such date being multiplied by a factor of 2. The enhanced membership service rule is sometimes called the "2 for 1" rule. The benefit accorded to each officer under the 1989 ordinances was a "frozen" benefit (in order to meet Internal Revenue Code qualification requirements under Section 401(a)(4) of the Internal Revenue Code) which could not be increased for increases in credible service or average final compensation after June 30, 1989. The benefit ultimately payable to beneficiaries under the 1989 ordinances would be the greater of (1) the accrued benefit as of June 30, 1989, under the "2 for 1" service credit rule or (2) the regular benefit calculated without regard to the "2 for 1" service credit rule. The preambles to the 1989 ordinances state that, at the time of their adoption, the City of Roanoke and Roanoke County were engaged in negotiating a plan of consolidation which might merge the two political subdivisions and that it was important that decisions relating to the future needs of the Roanoke Valley and its people be made without regard to purely personal considerations relating to job security and financial well being. The preambles continue, expressing the legislative intent of City Council, that a weighted years of service retirement provision would serve to reduce the possibility that crucial decisions relating to consolidation would be influenced by personal considerations. See Ordinance Nos. 29651 and 29652. With particular respect to the Council-appointed officers, Ordinance No. 29651 noted in its preamble that the adoption of a weighted years of service retirement provision would make it easier to terminate any such officer not meeting required standards of performance. The same ordinance noted that the Council-appointed officers were performing valuable services for the City and that the weighted years of service retirement provision was being adopted "in order to induce these officers to remain in the employ of the City and in consideration of their services". Subsequent to adoption of the 1989 ordinances, the entire City of Roanoke Pension Plan, including the minimum benefit, received a favorable determination from the Internal Revenue Service. A copy of the February 21, 1991, determination letter is attached. Two Council members and one Council-appointed officer have retired under the 1989 minimum benefit. One Council-appointed September 22, 1992 Page 3 officer has left City service vested with the 1989 minimum benefit to be payable upon attainment of retirement age. On May 11, 1992, City Council adopted Ordinance Nos. 31001- 051192 and 31003-051192 which provided for enhanced service credit for members of City Council and Council-appointed officers, respectively, on June 30, 1992. For the affected officers, the ordinances provided that service credit would be doubled as of June 30, 1992, and thereafter calculated on an enhanced basis. Ordinance Nos. 31001-051192 (City Council) and 31003-051192 (Council-appointed officers) each provided for a "sunset" of "... the effective date as to the City of Roanoke Pension Plan of regulations under S401(a)(4) of the Internal Revenue Code now or hereafter issued by the United States Department of Treasury which would cause qualification of said Plan under S401(a) of the Internal Revenue Code to be adversely affected because of the operation of any of the subsections added by this ordinance. See paragraphs 4 and 5, respectively. Copies of Ordinance Nos. 31001- 051192 and 31003-051192 are attached hereto. One City Council member retired on July 1, 1992. This member has begun receiving the "2 for 1" benefit and is, thus far, the only beneficiary of the 1992 benefit. On September 14, 1992, City Council adopted Ordinance No. 31192-091492, terminating calculation of membership service on an enhanced basis for City Council members prospectively as of September 14, 1992. On the same date, Council adopted Ordinance No. 31193-091492, terminating calculation of membership service on an enhanced basis for Council-appointed officers prospectively as of September 14, 1992. Benefits actually accrued at the time of adoption of Ordinance Nos. 31192-091492 and 31193-091492 were not reduced by the prospective elimination of the enhanced membership service credit rule. Copies of the September 14, 1992, ordinances are attached hereto. The City has also provided special retirement benefits for its firefighters and police officers. These public safety officers are permitted to retire with full retirement at the attainment of age 50 and 25 years of creditable service whereas normal retirement age for all other employees is age 55 and 30 years of creditable service. See ~22.1-44, City Code. Specifically, the opinion of your firm is requested as to the following issues: Is the June 30, 1989, minimum benefit pursuant to Ordinance Nos. 29651 and 29652 lawful under (a) State law, (b) provisions of the City of Roanoke Pension Plan, September 22, 1992 Page 4 City Code and City Charter and (c) the Internal Revenue Code? Is the June 30, 1992, "2 for " benefit pursuant to Ordinance Nos. 31011-051192 and 31003-051192 lawful under (a) State law, (b) provisions of the City of Roanoke Pension Plan, City Code and City Charter and (c) the Internal Revenue Code? May the June 30, 1989, accrued benefit under Ordinance Nos. 29651 and 29652 be lawfully repealed under (a) State law, (b) provisions of the City of Roanoke Pension Plan, City Code and City Charter and (c) the Internal Revenue Code? May the June 30, 1992, through Septenf0er 14, 1992, accrued benefit under Ordinance Nos. 31001-051192 and 31003-051192 be lawfully repealed under (a) State law, (b) provisions of the City of Roanoke Pension Plan, City Code and City Charter and (c) the Internal Revenue Code? Are the special retirement benefits granted to firefighters and police officers and not available to other employees of the City of Roanoke lawful under (a) State law, (b) provisions of the City of Roanoke Pension Plan, City Code and City Charter and (c) the Internal Revenue Code? Thank you for agreeing to render this important opinion. We await your expeditious response. Very truly yours, cc: The Honorable Mayor and Members of City Council Council-appointed officers MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~[011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 30, 1992 File #44 My. 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, September 28, 1992, you were requested to report to Council' providing details relating to other localities the size of Roanoke or larger, located in the state of Virginia, that provide nursing home facilities for citizens. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: sw pc: Mr. James D. Ritehie, Director, Human Development