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HomeMy WebLinkAboutCouncil Actions 10-11-93MCCADDEN 31731 ~GULAR WEEKLY SESSION ROANOKE CITY COUNCIL October 11, 1993 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order Roll Call. Council Member Musser was absent. The Invocation was delivered by The Reverend Duane Bitrick. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Ao PUBLIC HEARINGS Public hearing on the request of Southern Classic Soft Cloth Auto Wash, Inc., that a tract of land located at the northeast corner of Hollins Road and Orange Avenue, N. E., bearing Official Tax Nos. 3042143 and 3042120, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Daniel F. Layman, Jr., Attorney. Adopted Ordinance No. 31731 on first reading. (6-0) Bo Public hearing on the request of Southern Classic Soft Cloth Auto Wash, Inc., and Alan L. Amos, Inc., that a certain 10-foot alley, identified as Official Tax Nos. 3042121 and 3042141, running in a semi-circle to a point identified as Official Tax No. 3042129, and passing in its course the rear boundaries of lots identified as Official Tax Nos. 3042121 - 3042129, inclusive, be permanently vacated, discontinued and closed. Daniel F. Layman, Jr., Attorney. Adopted Ordinance No. 31732 on first reading. (6-0) Public hearing on the request of Appalachian Power Company that a portion of Hollins Road, formerly Read Road, beginning at its intersection with existing Hollins Road, running 814.00 feet in a northerly direction to a point in common with a section of Hollins Road previously closed, be permanently vacated, discontinued and closed. R. A. Bays, Right-of-Way Supervisor, Spokesperson. Adopted Ordinance No. 31733 on first reading. (6-0) e CONSENT AGENDA (APPROVED 6--0) ALL MATI'ERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MorION IN THE FORM, OR FORMS, LISTED BELOW. 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. C-1 A communication from Mayor David A. Bowers with regard to requesting approval from the General Assembly of Virginia to conduct a study relating to extension of AMTRAK through the southwest Virginia corridor in conjunction with the Virginia Department of Rail and AMTRAK national headquarters. 2 C-2 C-3 C-4 RECOMMENDED ACTION: Refer to the Legislative Affairs Committee, City Manager and City Attorney for follow up with the City's Legislative Program and any other administrative recommendation. A report of the City Manager with regard to establishment of a low- band travel radio system for the Roanoke Valley. RECOMMENDED ACTION: Receive and file. Qualification of James D. Grisso as Director of Finance for the City of Roanoke for a term commencing September 28, 1993, and ending September 30, 1994. RECOMMENDED ACTION: Receive and file. Qualification of Roland H. Macher as a member of the Roanoke Public Library Board for a term ending June 30, 1996. RECOMMENDED ACTION: Receive and file. A communication from Mayor David A. Bowers requesting that Council convene in Executive Session to discuss a personnel mo-er, being the appointment of a member of City Council to fill a portion of an unexpired term, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. REGULAR AGENDA HEARING OF C1TIZENS UPON PUBLIC MATTERS: None. 4. PETITIONS AND COMMUNICATIONS: None. 5. REPORTS OF OFFICERS: 3 a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: o A report recommending appropriation of funds, in the amount of $6,478.00, received from the State Department of Social Services for acquisition of computer hardware and software, which will allow for greater automation of investigation of alleged intentional program violators and recovery of overpayments in all programs. Adopted Budget Ordinance No. 31734-101193. (6-0) A report recommending execution of Amendment No. 2 to the Community Development Block Grant contract between the City and the Roanoke Valley Trouble Center, Inc. Adopted Resolution No. 31735-101193. (6-0) A report with regard to designating Saturday, October 30, 1993, as the official date for the 1993 observance of Halloween in the City. Adopted Resolution No. 31736-101193. (6-0) A report recommending authorization for implementation of a Police Homeowners Loan Program to serve as an incentive for police officers to purchase homes in specific neighborhoods. Adopted Ordinance No. 31737-101193. (6-0) The City Manager was requested to provide Council with a status report on the program by the end of the fiscal year. 4 A report in connection with Brandon Avenue widening from Edgewood Street to the west corporate limits of the City. Adopted Ordinance No. 31738-101193. (6-0) o Adopted Resolution No. 31739-101193 approving expansion of the City of Roanoke Jail; requesting reimbursement of twenty- five per cent of eligible project costs from the Commonwealth of Virginia Board of Corrections; and repealing Resolution No. 31366-030893 adopted March 8, 1993. (6-0) b. CITY ATTORNEY: 1. A report with regard to regulation of cable television rates. Adopted Ordinance No. 31740-101193. (6-0) 6. REPORTS OF COMMITTEES: A report of the Water Resources Committee recommending authorization to transfer title to the Spottswood Park Property back to J. B. Fishburn Heirs for donation to Habitat for Humanity in the Roanoke Valley to allow for construction of low-income homes. Council Member Elizabeth T. Bowles, Chairperson. The matter was tabled pending a report from the City Manager with regard to a comprehensive plan to address middle and upper level income housing in the City of Roanoke. Habitat for Humanity was requested to provide information with regard to the number and location of houses constructed by the organization in the City of Roanoke, the County of Roanoke, the Town of Vinton and the City of Salem. (Vice-Mayor Fitzpatrick and Council Member Bowles voted no.) 7. UNFINISHED BUSINESS: None. 5 INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF Ordinance No. 31718, on second reading, amending and reordaining certain sections of the 1993-94 School Fund Appropriations. Adopted Budget Ordinance No. 31718-101193. (6-4)) bo Ordinance No. 31724, on second reading, approving the City Manager's issuance of Change Order No. 2 to the City's contract with Hammond-Mitchell, Inc., for construction of the Falling Creek Finished Water Reservoir. Adopted Ordinance No. 31724-101193. (6-0) Ordinance No. 31725, on second reading, amending and reordaining certain sections of the 1993-94 Water Fund Appropriations. Adopted Budget Ordinance No. 31725-101193. (6-0) do Ordinance No. 31728, on second reading, accepting an offer to purchase a portion of real property owned by the City and located behind Tony's Place and Billy's Ritz, authorizing conveyance by quitclaim deeds, and authorizing the granting of a revocable vehicular access easement over surrounding City-owned property. Adopted Ordinance No. 31728-101193. (6-0) 9. MOTIONS AND MISCE~I~ANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor and Members of City Council. 6 Council Member McCadden called allention to the concern of residents of the lOth Street and Hunt Avenue, N. W., areas with regard to a hazardous traffic situation southbound from Wiiliamson Road to Hunt Avenue, advising that residents have requested installation of a traffic light. The matter was referred to the City Manager for study, ~ and recommendation to Council within 30 days. Vacancies on various authorities, boards, commissions and committees appointed by Council. Adopted Resolution No. 31741-101193 reappointing Russell O. Hannabass and Stanley R. Hale as Directors of the Industrial Development Authority of the City of Roanoke, for terms of four years, each, commencing October 21, 1993, and expiring October 20, 1997. (6-O) Accepted the resignation of Vice-Mayor Filzpatrick, effective October 15, 1993. Adopted Resolution No. 31742-101193 recognizing and commending the service of the Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor of the City of Roanoke. (5-0, Viee-Mayor Fitzpatrick abstained from voting.) 10. OTHER HEARINGS OF CITIZENS: None. CERTIFICATION OF EXECUTIVE SESSION. (6-0) NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable efforts will be made to provide adaptations or accommodations, based on individual needs, for qualified individuals with disabilities in any program or service offered by the City Clerk's Office, provided that reasonable advanced notification has been received. 7 MARY F. PAP~ER City Clerk, CMC/AAE 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 October 15, 1993 File #137-340 The Honorable William White, Sr., Co-Chairperson Legislative Affairs Committee W. Robert Herbert City Manager Wilburn C. Dibling, Jr. City Attorney Gentlemen: I am attaching copy of a communication from Mayor David A. Bowers with ~egard to requesting approval from the Generai Assembly of Virginia to conduct a study relating to extension of AMTRAK through the southwest Virginia corridor in conjunction with the Virginia Department of Rail and AMTRAK nationai headquarters. On motion, duly seconded and adopted, the matter was referred to you for follow up in connection with the City's 1994 Legislative Program and any other administrative recommendation. Sincerely, f~.~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 October 6, 1993 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: We had a very successful meeting with Senators Robb and Warner and Congressmen Boucher and Goodlatte in Washington, D.C., on Wednesday, September 22, 1993. Congressman Boucher announced that he had arranged for a study of the extension of Amtrak through the southwest Virginia corridor in conjunction with the Virginia LDeoepartment of Rail and A .mt?k. natio~el headquarters. Senator Robb raquested that Bevon of the Virg~ma Department of Rail contact Tennessee officials to investigate the possibility of conducting a slmila~, survey in that state. In order to have the survey conducted, the study must apparently be approved by the Virginia General Assembly this Janus.. By this letter, I wanted to report to you about this successful "next step" in bringing Amtmk back through southwest Virginia and to respectfully request that this matter be placed on the Consent Agenda for the next regularly scheduled meeting of the City Council, and then referred to our Legislative Committee of Council and to our administration and City Attorney for follow up with our Legislative Program and any other administrative recommendation. Best personal regards to each of you. Sincerely, David A. Bowers Mayor DAB :jas Enclosures David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W. Room 452 Roanoke, Virginia 24011-1594. TeLephone: (703) 981-2444 September 27, 1993 The Honorable John W. Warner United States Senate 225 Russell Senate Office Building Washington, D.C. 20510 The Honorable Charles S. Robb United States Senate 493 Russell Senate Office BuflcLing Washh~Kton, D.C. 20510 The Honorable Fraderiek C. Boucher United States House of Representatives 405 Cannon House Office Buildin~ Washington, D.C. 20515 The Honorable Robert W. Goodlatta United States House of Rsprasentat/vas 214 Ca~,~on House Office Bufldtn~ WashtnKton, D.C. 20515 Gentlemen: Just a b~ief note to exp~ese my Bince~e appraaistion to aseh of you fo~ masting with the delegation of municipal lsedel~l and othe~ feom southwest Vi~_ntA and Tennessee at the Russell Senate Off'ice Bni]dtn_~ meeHn_~ room last Wednesday, Septemhee 22, 1993. Mor~ impot-tantly, I want to exp~ my thank~ fo~ am~ the study to be conducted by the Commonwealth of Vit~ D~nt of ~ and Amtrak as to the fassibflit7 of the extended ~outa westward fi. om Lynehbu~,~ ~gh Roanoke to the New Rtvs~ Valley end on to B~tol, Vl~. Tlfl~ is & very popula~ p~oJeot with the people of southwasta~n Vl~, and you~, bl]~ support is tmfly appraciatad. It is my unde~tendin~ that Senatoe Robb will eontect the leadsr~ of the Vie~tnis Senate end House of Deis~ate~ to l~que~t thais luppoet foe fundin~ f~om the 1994 General Assembly foe the study. Also, Senatoe Robb ]~equsetad that Leo Bevon of the Vtr_~ Depm-tment of Rail contact Tennessee autho~itiss to arrange fo~ an extended study of the ~,outa in that state. The Honorable John W. Warner The Honorable Charles S. Robb The Honorable Frederick C. Boucher The Honorable Robert W. Goodlatte Pa~e 2 September 27, 1993 you all once a~ain. Sincerely, Mayor DAB:Jas Enclosure pc: The The The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable Honorable John T. RowlA,~d, Mayor, Clevelmnd, Tennessee Honorable John S. Gmi,~s, Vies-Mayor, Bristol, Tennessee Pat Hiekte, Mayor, Bldstol, Tennessee Jezwy A. Wolfe, Mayor, Bristol, Victor Ashe, Mayor, Knoxville, Tennessee Gene RoboFtl, Mayol', Chattalloo~l~, Tennessee Mayna,,d Jackson, Ma)or, Afl-nra, Georgia Ro~er E. Hedfepeth, Mayor, Blacksburg, Virzin~s~ Harold G. ?.~-kous, Mayo~, Chri~t~anmburg, Thomas A. Bz~lley, Jr., Vies-Mayor, Wythevflle, The Honorable John G. ~fluflren, Secz~tat, y of T~ns~on ~. ~ Bevon, ~to~, Co~nw~ ~ V~nts, DaUnt of ~ ~d ~b~c T~nspo~flon ~. Jo~ St~ud, ~dent, R~ Re~o~-I Ch-~ of Co~ ~. W. Ro~ He~, ~ ~ '93 gT-7 P3:14 Office of the City Monocjer October 11, 1993 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, Virginia Subject: Low-Band Travel Radio System Dear Mayor Bowers and Members of Council: You have referred to me a request from Mr. Howard Packett as Chairman of the Fifth Planning District Commission as to the City's interest in participating in funding of three low-band travel radio systems. The initial estimated cost is $30,000 per station and the request was that Roanoke County, Roanoke City and the City of Salem jointly fund a one-time cost, plus be prepared to fund an ongoing basis over the years' long-term costs dealing with monthly telephone service like maintenance, monthly electrical bills associated with the electrical power unit. After a staff inquiry regarding the effectiveness and range of a radio station in our mountainous terrain, the proposed provider of the low-band radio system has expressed a willingness to bring a unit to Roanoke for a demonstration. I personally feel that a demonstration would be very prudent prior to purchasing such a system. This demonstration may take place in the next thirty (30) to ninety (90) days, and once it has been completed, I will be pre- pared to submit my recommendation to the Council. The information above is provided as a status report. Respectfully submitted, W. Robert Herbert City Manager WRH:mp cc: Mr. Phillip F. Sparks, Acting Chief of Economic Development Room 364 Municipal Building 215 Church Avenue, 5.W Roanoke, Virginia 24011 (703) 981 2333 Oa+h or Affirmation of Offi~.~~ ~ '- '93 /]~l' -1 A9:26 ~f, aSe ol V,'r~inia, U~i~l o~ Roanolee, ~o .wiS: , do solemnly swear (or affirm) timt I, James D. Grisso I will support the Constitution of the United States, and the Constitution of the State of Virginilh aad tlmt I will faithfully and impartially discharge and perform all the duties incumbent upon me as - Director of Finance for the City of Roanoke for a term commencing September 28, 1993, and expiring September 30, 1994. ..... this_ -%hf_) L/day of - ._..a~/_~r~--/, ,, , Subscribed and sworn to oe~ore mc, - MARY F. PARKER City Clerk, CMC/AAE 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 October 15, 1993 File #15-110-323 Dr. Frank Eastburn, Chairperson Roanoke Public Library Board 1810 Denniston Avenue, S. W. Roanoke, Virginia 24015 Dear Dr. Eastburn: This is to advise you that Roland H. Mather has qualified as a member of the Roanoke Public Library Board for a term ending June 30, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: M. Emily Keyser, Acting City Librarian Sandra H. Eakin, Deputy City Clerk 0-2 Oath or Affirmation of 0~i~:''~ :~: O, it~l of Roanoke, to .,w~t.: Roland H. Macher P3:0~ , 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 Public Library Board, for a term ending June 30, 1996. according to the best of my ability. So help me God. Subscribed and sworn to before me, this 777 c//7~//~ty Cler~ DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 October 11, 1993 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss a personnel matter, being the appointment of a member of City Council to fill a portion of an unexpired term, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB: sm MARy F, PARKER City Clerk, CMC/AAE 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 I~puty City Clerk October 15, 1993 File #60-72-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31734-101193 amending and reordaining certain sections of the 1993-94 General Fund Appropriations, appropriating $6,478. O0 from the State Department of Sociai Services, in connection with acquisition of computer hardware and software to provide for greater automation of investigation of alleged intentional program violators and recovery of overpayments in all programs. Ordinance No. 31734-101193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 11, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Corinne B. Gott, Manager, Social Services Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of October, 1993. No. 31734-101193. AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro ri&tions Health & Welfare Income Maintenance (1-2) .......................... Revenue Grants-in-Aid Commonwealth Welfare (3) ....................................... $ 17,024,467 3,951,906 $ 28,369,267 11,746,937 1) Expendable Equipment 2) Other Equipment 3) General Administration (001-054-5313-2035) $ 1,746 (001-054-5313-9015) 4,732 (001-020-1234-0676) 6,478 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. ~ne Honorable Mayor and M~hers of City Council Roanoke, Virginia Mayor and M~mbers of Council: ae The State Department of Social Services has h~n active in th,~ detection. ~ution. and coll~.ion of Ove~u~¥~]ts ~-,i .Intuitional ~u~m Violations. RDanoke City D~?~m~_nt of Social Serv!~e~ has :~,~ pursuJu~3~ collection of all o~tst~r~n~ overPaYments through all ~,~,-~. Beginning in 1993, this i/lcluded the State Department of Taxation's Tax Set~Dff Program. Collections throug~ this program hav~ resulted in an additional $21,255 to date. The State Department of Social Services will be returninq., portion of all co]!~r+.ions to each locality effective July 1, 1993. II. ~ SITUATION The State Department of Social Services has m~d~ av~(lnh],. fundin~ for c~,~ter svst~m~ to support fraud investigations and recovery of overpayments at 100% reimburs~m~_nt. Acquisition of th~m equ~rm~nt would allow for qreater automatio~ of tb~ investigation of alleqed /ntentional ~m Violation~ and recovery of Overpayu~ents in all proqrm~ ~. B. Need for eoui.rm~nt and softwaro. ae City Cottocil ap~ove thim request and ap~)r~u~iate State rever~,. of $6,478 to provide for cost of equipment and software. Funding is 100% reimbursed by the State Department of Social Services. Need for equ~rm~nt and softwar.~ to update our capabilities to accurately track Overpayments, ]~_mayments, Tax Set-Off, and Investigations. Do not appropriate revmr,~ of $6,47~ to provide for cost of 1. Funding - Not an issue. Need for equ~rm~nt and software - Would lose one-time o~portunity for necessary equilmnent and software at ne cost to locality. City Council concur in the ~m?!ementation of Alternative A, increaz,. Revenue estimates of funds received friLL the State Department of Social Services in Account #001-020-1234-0676 and increase the following Expenditure Axmm~nts: #001-054-5313-2035 #001-054-5313-9015 E~mhle~ $1,746 Other Equipment --4,732 $6,478 W. Robert Herbert City Manager Wilburn C. Dibling, City Attorney James D. Grisso, Acting Director of Finance Barry L. Key, Manager, Office of Manage~aent and Budget Glenn D. Radcliffe, Director of Human Development Corinne B. Gott, Superintendent of Social Services MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W.. Room 456 Roanoke, Vir$inia 2~011 Telephone: (703) 981-2541 $ANDRA H. EAKIN Deputy City Clerk October 15, 1993 File #72-76-236 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31735-101193 approving Amendment No. 2 to the City's contract with Roanoke Valley Trouble Center, Inc., dated July 1, 1992, to provide for continuation of services to the Drug and Alcohol Abuse Council from October 1, 1993, until June 30, 1994. Resolution No. 31735-101193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 11, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc.' Stuart Israel, Executive Director, Roanoke Valley Trouble Center, 360 Washington Avenue, S. W., Roanoke, Virginia 24016 The Honorable phillip Trompeter, Chairperson, Roanoke Drug and Alcohol Abuse Council, P. O. Box 986, Roanoke, Virginia 24005 Glenn D. Radcliffe, Director, Human Development Donna S. Norvelle, Human Resources Coordinator Barry L. Key, Manager, Office of Management and Budget Charles A. Harlow, Acting Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1993. No. 31735-101193. A RESOLUTION approving an amendment to the City's contract with Roanoke Valley Trouble Center, Inc., to provide for continuation of services to the Drug and Alcohol Abuse Council. BE IT RESOLVED by the Council of the City of Roanoke that: The City Manager or the Assistant City Manager and the City Clerk are authorized to execute and attest, respectively, for and on behalf of the City, Amendment No. 2 to the City's contract with Roanoke Valley Trouble Center, Inc. (TRUST) dated July 1, 1992, related to staff support to the Drug and Alcohol Abuse Council. Such amendment shall extend the contract from October 1, 1993, until June 30, 1994, establish a fee schedule of $22.00 per hour and authorize additional services in an amount not to exceed $19,500.00 in community development block grant funds, with total compensation for the entire 24-month period not to exceed $52,000.00. The amendment shall contain such other terms and conditions deemed reasonable and necessary by the City Manager, and the form of the amendment shall be approved by the City Attorney. ATTEST: City Clerk. Honorable Mayor and Members of Council Roanoke, Virginia Roanoke, Virginia ~,~ t · Q~tober 11, 1993 Dear Members of Council: SUBJECT: Community Development Block Grant (CDBG) Contract Amendment to continue services with Roanoke Valley Trouble Center, Inc. (TRUST) Background: The City Manager's Drug Strategy Task Force recommended in its report, "Roanoke At Risk" that a permanent on- going committee with staff support be established to provide the central clearinghouse for information, program development, and coalition building among organizations towards setting a community-wide norm that drug and alcohol abuse is not acceptable. The City Manager appointed 33 individuals from education, business, government, neighborhood and civic organizations, law enforcement, the judiciary, and human services and established the Roanoke Drug and Alcohol 'Abuse Council in May 1990. City Council authorized funding for the Drug and Alcohol Abuse Council program as part of the Community Development Block Grant (CDBG) program in 1990, 1991, and 1992. De City Council authorized a twelve month agreement with the TRUST for $26,000 by Resolution No. 31130-072792 effective from July 1, 1992 to June 30, 1993 to provide staff support to the Drug and Alcohol Abuse Council. The City of Roanoke has the option to extend the contract for an additional two (2) year period. City Council authorized 1993 fundinq in the amount of $26,000 for the Drug and Alcohol Abuse Council program on May 10, 1993 by Resolution Number 31445-051093. G. The current contract with TRUST has been amended once on July 21, 1993 at an additional cost of $6,500 to extend the time of performance through September 30, 1993. II. Current Situation= A. The current contract expired September 30, 1993. Ce A second amendment to the agreement is needed for TRUST to better meet the needs of the Drug and Alcohol Council and to extend the time of the agreement until June 30, 1994. This amendment, a copy which is attached, will change the fee schedule so that payments will be based on an hourly basis instead of on a monthly basis. This new fee schedule will be effective beginning October 1, 1993. D. This amendment will insure that staff support to the Drug and Alcohol Abuse Council will not be interrupted. III. Issues: A. Cost to the City B. Timing C. Funding D. Services to the Drug and Alcohol Abuse Council IV. Alternatives: Authorize City Manager to execute the attached Community Development Block Grant (CDBG) Contract Amendment No. 2 with the Roanoke Valley Trouble Center, Inc. (TRUST). Cost to the City for this amendment will be $19,500 in CDBG Funds. Timing is critical as the current contract has expired as of September 30, 1993. Funding is available for this program in account No. 035-093-9339-5209. Services to the Drug and Alcohol Abuse Counci] will not be interrupted. Do not authorize City Manager to execute the attached Contract Amendment No. 2. 1. Cost to the City would not be an issue. 2. Timing would not be an issue. Funding of this project would not occur. Services to the Drug and Alcohol Abuse Council would not continue at this time. V. Rec~m~endation: It is recommended that City Council concur in Alternative A and authorize the City Manager to execute the attached Community Development Block Grant Contract Amendment No. 2 with Roanoke Valley Trouble Center, Inc. Respectfully submitted, W. Robert Herbert City Manager attachment WRH/LSS CC: Assistant City Manager City Attorney Director of Finance Director of Human Development Acting Grants Monitoring Administrator AMENDMENT NO. 2 to Roanoke Valley Trouble Center, Inc. Consultant Agreement (TRUST) This Amendment, is made and entered into this day of , 1993, by and between the City of Roanoke, Virginia, municipal corporation chartered under the laws of the Commonwealth of Virginia (Hereinafter, the "City"), and Roanoke Valley Trouble Center, Inc. (TRUST) (Contractor). a WHEREAS, the City and the consultant have, by an Agreement dated July 1, 1992, contracted for TRUST to provide consulting services for the Drug and Alcohol Abuse Council and its committees and other duties related to substance abuse in coordination with the City of Roanoke's Director of Human Development. NOW, THEREFORE, the City and Consultant do mutually agree to amend the Agreement as follows: I. SCOPE OF SERVICES, revised to read as follows: Consulting in six general areas shall be undertaken by the Consultant. TRUST will provide a senior planning staff member to act as Project Coordinator. Changes or additions to the scope of services can be made at the discretion of the City, with the consent of the Consultant. All work shall be coordinated with the Director of Human Development, City of Roanoke. The scope of services shall include the following: Responsibility for providing staff support and technical assistance to the Drug and Alcohol Abuse Council and its committees including the following activities: Work with the Drug Council chairman and sub- committee chairmen to schedule meetings, prepare meeting agendas, agenda packets, and other necessary materials. Assure that accurate minutes of every Drug and Alcohol Abuse Council and sub-committee meeting are maintained and distributed in a timely fashion to appropriate parties. 3. Write reports and press releases as necessary. 4. Communicate regularly and as needed with Council members regarding pertinent information. Amendment No. 2 Page 2 Be Ee Se Work directly under the supervision of the City's Human Development Coordinator, Project Director. Keep Project Director informed of activities and joint planning efforts. Assist community organizations identify and access resources such as funding and services related to substance abuse. Assistance may include the preparation and writing of grants. Serve as administrator for program's day-to-day activities. Coordinate activities relative to the Council and other substance abuse projects as deemed appropriate by the Council and the City of Roanoke's Director of Human Development. Coordinate annual recognition event(s) for outstanding contributions to the mission of and Alcohol Abuse Council. the Drug Responsible for all necessary support services including, but not limited to, clerical, telephone, postage, local travel, and printing. II. TIME OF PE~FOIA~%NCE~ revised to read as follows: The term of this agreement shall be for a 24 month period beginning July 1, 1992, and ending June 30, 1994. III. FEES, revised to read as follows: The compensation to TRUST for above staff and scope of services shall be paid based on an rate of $22.00 per hour. This includes all administrative costs including printing and copying, travel, supplies, and all expenses necessary to complete the scope of services. The total compensation to be paid to the Contractor pursuant to this Agreement shall not exceed $52,000 for the entire 24 month period of this agreement. IV. PROPOSED PA~9~T SC~RDULE, to read as follows: Payment to the contractor shall be made monthly upon completion of monthly activities and receipt by the City's Human Development Coordinator of a completed Request for Payment form (Attachment A) and a monthly progress report which details the services provided by Consultant and the hours attributed to each activity. Payment will be made to the Consultant within ten (10) working days as long as all compliance issues have been met. Amendment No. 2 Page 3 V. IND~IFICATIONx to read as follows: The Subgrantee agrees to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, liability, causes of action, suits of nature, costs, expenses, including reasonable attorney's fees, and other costs of defense, resulting from or arising out of the Subgrantee's intentional or negligent acts or omission in providing services under this Agreement including without limitation, fines and penalties, violation of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage. The Agreement shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the City and the Consultant have executed this amendment as of the day and year herinabove written: ATTEST: CITY OF ROANOKE By Mary F. Parker, City Clerk By W. Robert Herbert, City Manager CONSULTANT By Witness By Stuart Isreal, Executive Director Roanoke Valley Trouble Center, Inc. APPROVED AS TO CDBG ELIGIBILITY Acting Grants Monitoring Administrator APPROVED AS TO FORM Assistant City Attorney APPROVED AS TO EXECUTION Assistant City Attorney APPROVED AS TO FUNDS AVAILABLE Director of Finance Date Account Attachment A ITEMIZED P~EQUEST FOR PAYMENT Please remit the following to TRUST for services rendered for the period of to Professional Services Total hours Hourly rate Total Logs are attached detailing the hours expended and the activities performed by each TRUST staff person TOTAL AMOUNT DUE Signature Stuart Isreal Executive Director TRUST Date MARy F. PARKER City Clerk. CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 October 15, 1993 SANDRA H. EAKIN Deputy City Clerk File #67-87-304 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31736-101193 designating Saturday, October 30, 1993, between the hours of 5: 30 p.m. and 8: 30 p. m., as the official date and time for the 1993 observance of HaLioween in the City of Roanoke. Resolution No. 31736-101193 was adopted by the Council of the City of Roanoke at a regnlar meeting held on Monday, October 11, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ese. pc: Elmer C. Hedge, County Administrator, County of Roanoke, P. O. Box 29800, Roanoke, Virginia 24018-0798 Randolph M. Smith, City Manager, City of Salem, p. O. Box 869, Salem, Virginia 24153 B. Clayton Goodman, Town Manager, Town of Vinton, p. O. Box 338, Vinton, Virginia 24179 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety M. David Hooper, Police Chief Kit B. Kiser, Director, Utilities and Operations Glenn D. Radcliffe, Director, Human Development William F. Clark, Director, PubLic Works John W. Coates, Manager, Parks, Recreation and Grounds Maintenance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1993. No. 31736-101193. A RESOLUTION designating Saturday, October 30, 1993, as the official date for the 1993 observance of Halloween in the City. WHEREAS, Halloween, the evening preceding Ail Saints Day, Occurs, according to the calendar, on the evening of Sunday, October 31, this year, and this Council is desirous of designating the evening of Saturday, October 30, 1993, as the official date for the observance of Halloween in this City; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Saturday, October 30, 1993, between the hours of 5:30 p.m. and 8:30 p.m., is hereby designated as the official date and time for the 1993 observance of Halloween in the City of Roanoke. ATTEST: City Clerk Office of the City Manager October 11, 1993 The Honorable David A. Bowers, Mayor and Members of Roanoke City Councll Roanoke, Vlrglnla Dear Mayor Bowers and Members of Council= Re= Observance of Halloween The Clty Manager's office has received numerous calls from city residents enquiring as to whether the City will change the observance of Halloween from Sunday, October 31, 1993. The last time that Halloween fell on Sunday night was in 1982, at which time Council Joined other local governments in the valley to change the observance to Saturday night between the hours of §:30 to 8:30 pm. We have contacted other local governments and learned that both Roanoke County Board of Supervisors and Vinton Town Council has designated the observance of Halloween on Saturday, October 30, 1993. The City of Salem has not taken action on this matter. In order to provide a sense of uniformity and to reduce confusion concerning the observance of Halloween, It is recommended that Councll agprove the resolution and joln Roanoke County and the Town of Vlnton in the observance of Halloween in the City of Roanoke on Saturday, October 30, from 5=30 to 8~30 p.m. Sincerely, W. Robert Herbert City Manager cci City Attorney Dlrector of Finance Directors Elmer C. Hodge, Roanoke County Administrator Randolph M. Smith, Salem City Manager B. Clayton Goodman, Vlnton Town Manager bc: Mary Parker, City Clerk Room 364 Municipal Building 215 Church Avenue, S W. Roanoke, Virginia 24011 (703) 981-2333 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of October, 1982. No. 26260. A RESOLUTION designating Saturday, October 30, 1982, as the official date for the 1982 observance of Halloween in the City. WHEREAS, Halloween, the evening preceding Ail Saints Day, Occurs, according to the calendar, on the evening of Sunday, October 31, this year, and this Council ing the evening of Saturday, October 30, date for the observance of Halloween in is desirous of designat- 1982, as the official this City; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Saturday, October 30, 1982, between the hours of 5:30 p.m. and 8:30 p.m., is hereby designated as the official date and time for the 1982 observance of Halloween in the City of Roanoke. ATTEST: City Clerk. MARY F. PAI~,E~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chtu'ch Avenue, S.W., Room 456 Roanoke, Virsinia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 15, 1993 File #5-178-184-200-236 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31737-101193 approving the loan of Community Development Block Grant funds to qualified police officers in connection with the City's Police Homeowner's Loan Program; authorizing you to execute documents approved as to form by the City Attorney necessary to implement and administer the loans; authorizing the City Attorney and Director of Finance to serve as trustees with regard to related deeds of trusts securing notes for said loans; authorizing you to execute a certificate of satisfaction upon full payment and satisfaction of such loans; and authorizing recordation by the City Attorney of the certificate of satisfaction in the Office of the Clerk of the Circuit Court for the City of Roanoke. Ordinance No. 31737-101193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 11, 1993. You were requested by Council Member William White, Sr., to provide a status report on the Police Homeowner's Loan Program by June 30, 1994. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: The Honorable Arthur B. Crush, III, Clerk of Circuit Court Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance W. Robert Herbert October 15, 1993 Page 2 pc: George C. Snead, Jr., Director, Public Safety M. David Hooper, Police Chief William F. Clark, Director, Public Works Ronald H. Miller, Building Commissioner H. Daniel Pollock, Jr., Housing Development Coordinator John R. Marlles, Chief, Community Planning Stephanie F. Cicero, Neighborhood Partnership Coordinator Phillip F. Sparks, Acting Chief, Economic Development Charles A. Harlow, Acting Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1993. No. 31737-101193. AN ORDINANCE approving the loan of Community Development Block Grant funds to qualified police officers in connection with the City's Police Homeowner's Loan Program; authorizing the City Manager to execute documents approved as to form by the City Attorney necessary to implement and administer the loans; authorizing the City Attorney and Director of Finance to serve as trustees with regard to the related deeds of trusts securing the notes for the loans; authorizing the City Manager to execute a certificate of satisfaction upon full payment and satisfaction of the loans; authorizing recordation by the City Attorney of the certificate of satisfaction in the Office of the Clerk of the Circuit Court for the City of Roanoke; and providing for an emergency. WHEREAS, Council has previously approved the concept of the Police Homeowner's Loan Program ("Program") in which the City will provide loans for the purchase or rehabilitation of homes from Community Development Block Grant ("CDBG") funds to qualified police officers agreeing to purchase and occupy homes within certain areas of the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. This Council approves the establishment of a Police Homeowner's Loan Program to provide interest-free loans from CDBG funds to qualified sworn, non-probationary police officers of the City to purchase and to rehabilitate houses to be occupied as the primary residences of the officers in the Conservation Areas or Rehabilitation Districts of the City. 2. Such loans shall be repayable over fifteen (15) years in equal installments to be deducted from the officer's bi-weekly payroll or by monthly bank debits, as approved by the Director of Finance. 3. The criteria for participation in the Program and the terms and conditions of the loans shall be substantially as set forth in the City Manager's report to Council dated October 11, 1993. 4. The City Manager is hereby authorized, for and on behalf of the City, to execute documents approved as to form by the City Attorney necessary to implement and administer the loans made under such Program. 5. To secure payment of the loan of CDBG funds made under the Program and performance by the loan recipients, the recipients shall execute a deed of trust and deed of trust note, which document shall be approved as to form by the City Attorney. 6. The City Attorney, Wilburn C. Dibling, Jr., and the Director of Finance, James D. Grisso (hereinafter "Trustees"), are hereby authorized to serve as Trustees for and on behalf of the City as beneficiary. 7. Pursuant to S26-49, Code of Virginia (1950), as amended, City Council reserves the right in its sole discretion for any reason whatsoever to appoint a substitute trustee or trustees. 8. Upon payment or full satisfaction of the debt secured by ~he deed of trust and delivery of the canceled deed of trust note to the person or person by whom it was paid, the City Manager shall be authorized to execute a certificate of satisfaction upon form approved prepared by the City Attorney, and the City Attorney shall be authorized to file such certificate of satisfaction in the Office of the Clerk of Circuit Court of the City of Roanoke. 9. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. [.,,_C~_... -. ...... Roanoke, Virginia I:IT'(' f' ~ October 11, 1993 '93 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: Police Homeowners Loan Program I. BACKGROUND: In the spring of 1992, several departments studied the feasibility of a Police Homeowners Loan Program as part of the development of a Diversified Housing Strategy for the City of Roanoke. Almost three years agot Columbia~ South Carolina~ instituted a Police Homeowners Loan Proqram designed to revitalize city housing, promote home ownership, and reduce crime within various neighborhoods in their community. In the fall of 1992, several members of Roanoke City government, including members of the Police Department, traveled to Columbia to review their program and to see what aspects could be utilized with modifications to fit conditions in Roanoke. Local program has been examined for the past several months by the Police Department and several other city agencies to provide homeowner opportunities for police officers within declining neighborhoods. D. Columbia Police Homeowners Proqram demonstrated that the greatest advantage to having police officers buying homes in targeted areas was that their presence had a direct impact on the "peace of mind" of the community. The feeling that this is now a safe and decent place to live indirectly creates a'n environment where properties are structurally improved, vacant properties begin selling and a "sense of pride" returns and spreads through neighborhood areas. II. CURRENT SITUATION: Roanoke City faces housinq problems very similar to many metropolitan areas. Because affordable housing is not available to a large segment of our population, home ownership has declined over the past twenty (20) years and renter-occupied housing has increased significantly. This has led to a slowly erosive effect The Honorable David A. Bowers, Mayor, and Members of City Council Page 2 October 11, 1993 in some of our neighborhoods. One of the principal elements contributing to neighborhood decline is the erosion in confidence and "peace of mind" in a neighborhood as a stable, safe, decent environment. Our goal is to strengthen the pride of home ownership while dealing with physical decay, increasing crime rates and other related social problems in the targeted neighborhoods. Lack of financial opportunities, as well as a concern about reprisals against their family, has caused many officers to choose to live outside the city limits. City administrative staff has designed a Drogram modeled after Columbia, but with modifications to conditions of Roanoke (Attachment "B"). fit The "key elements" are already in place: An alliance of neighborhood groups (Roanoke Neighborhood Partnership) through which the City could "sell" and facilitate the program concept. Planning, Housing Development, Economic Development~ Building Inspections~ and Grants Compliance~ in conjunction with the Police Department, have been working to create and "fine- tune" such a program. Lendinq institutions willing to participate in "home ownership programs." "Top priority" commitment from City Administration. Intent of this program is to have officers purchase homes in relatively stable neighborhoods adjacent to low/moderate income neighborhoods. Providing incentives to police officers to purchase homes in these areas could help stabilize the neighborhoods and deter expansion of decay and criminal activity. Current proposed financing through federal Community Development Block Grant funds would be to specific areas in the City, such as Gainsboro, Belmont, Highland Park, Hurt Park, Gilmer, Loudon, Melrose, Harrison, Morningside, Kenwood, and Fallon Park. (See Map, Attachment "A") The Honorable David A. Bowers, and Members of City Council Pa~e 3 October 11, 1993 Mayor, III. ISSUES: Provide an additional method to stabilize and preserve older residential neighborhoods. B. Provide affordable housinq for police officers. C. Legal issues. D. Cost. IV. ALTERNATIVES: City Council authorize implementation of a home financing mechanism to serve as a positive incentive for police officers to buy homes in specific neighborhoods and authorize the City Manager, City Attorney and Director of Finance to execute individual deeds of trust and any other necessary contracts with individual officers. (See Attachment "B" - Draft Program Design) Providing a method of recovery for blighted neighborhoods would be established through the personal ownership of homes by police officers. Providing affordable housinq for police officers encourages them to not only participate in this program but to ultimately establish "roots" in the neighborhoods they patrol. The mechanism to provide affordable housing for officers will be to offer second mortgages on attractive terms to supplement housing or rehabilitation costs. Leqal issues. The program will utilize federal funds only; therefore, limitations on use of city funds will not be an issue. Officers will execute deeds of trust, notes, and contracts to secure federal funds and assure compliance with program requirements. Cost of implementation of this project has been addressed in that City Council has already appropriated $45~735.00 in CDBG funds which will be used to make second mortgage loans to officers in the current year. All administrative costs would be handled with existing staff, including the Police Department, Office of Billings and The Honorable David A. Bowers, Mayor, and Members of City Council Page 4 October 11, 1993 Collections, Department of Finance, and Housing Development Office. City Council not authorize implementation of this program. An opportunity for providing a method of recovery for blighted neighborhoods would not be utilized. Affordable housing for police officers would still be beyond the reach of many of the young officers. 3. Legal issues would not be a factor. 4. Cost would not be a factor. V. RECOMMENDATION: City Council adopt Alternative "A" and authorize Police Homeowners Loan Program concept as described in this report and City Council authorize the City Manager to execute contracts and other required documents, to be approved as to form by the City Attorney, and authorize the City Attorney and the Director of Finance to serve as trustees on deeds of trust. Respectfully submitted, W. Robert Herbert City Manager WRH/RDS/hw Attachment Attachment Attachment "A" - Map "B" - Draft Program Design "C" - Article from Fall/Winter 1992 Footprints ATTA~HHENT _1 "r n- I.LI Z 0 ILl 0 ILl 0 0 n,' ATTACHMENT "B" COMMUNITY POLICE OFFICER/HOMEOWNER INITIATIVE PROGRAM DESIGN -- JULY~ 1993 OBJEC_TIVES Personal police presence as integral part of the "community" in neighborhoods at some risk of general deterioration, including physical decay, crime, social ills, etc. 1. Economic and personal benefit to individual officers, especially of limited income, through home investment; B. Physical improvement or development of housing in strategic residential areas. STRATEGY Provide a home financing mechanism to serve as a positive incentive for police officers to buy homes in ~eopardized neighborhoods. MECHANISM Form The City will provide second mortgages for purchase of homes by police officers in specific eligible areas. -- OM interest, repayable over 15 years -- Up to 10nM of final appraised value -- 2~ cash payment required of buying officer, unless a higher amount is required by primary financing -- Closing costs and prepaid items may be financed in City's second mortgage, beyond 100~ of value -- Maximum housing expense: income and debt: income ratios of approximately 35M and ABM respectively. Primary financing may require lower ratios. Amount: Greater of: 1. 25~ of the total cost of the property, or B. total rehabilitation cost (including documented cost of newly renovated property). No maximum loan or cost or value of property, up to fund- ing availability. Eligible Types of Houses: Any house meeting Building Code standards before occupancy. Includes newly constructed, existing house in good condition, or rehabilitated house. Eligible Areas: All Conservation Areas and Rehabilitation Districts. Eligible Suyerm/Sorrowere: -- Accessible to all sworn nonprobationary police officers. -- No maximum income limits if house is substandard and is to be rehabilitated prior to occupancy; -- 80~ of median income as defined by HUD per family size for any other category of house; -- Not limited to first-time homebuyers. Special Provisions: 1. Buying/Borrowing officer may select own eligible house; 2. Officer must attend specially designed Homebuyer's course regarding homeownership generally and as related to this initiative; 3. Officer must occupy house during life of City's mortgage. Annual affidavits will be required, with some supporting documentation; 4. City's mortgage is due on sale or termination of officer's occupancy. However, officer may buy another qualifying property and re-participate fully in the program. 5. Automatic payments required, by either bi-weekly payroll deductions <preferred) or monthly bank debits; 6. Improvements financed by the City's mortgage must be installed or achieved with licensed qualified contractors. Sweat equity is not allowed. ?. Deed of Trust and Note may specify that interest rate will escalate if officer leaves employment as City police officer <e.g. to A~ if remains an employee of the City, 8~ if leaves City employment altogether). Source o~ Financing: Community Development Block Grant <CDBG) Estimated at $12,000 to $20,000 per property SAMPLE SCENARIOS (Simplified) Assume conventional financing at ? 1/2~ for 30-year 1. House bought for $30,000; $20,000 of rehabilitation Conventional first mortgage for $30,000 Program 2nd mortgage for $20,000 (rehab) Property taxes <value of improvements abated for five <5) years) E×.isting home in good condition bought for $50,000 Conventional first mortgage for $39,500 Program 2nd mortgage for $18,500 (85K) Property Taxes ($50,000 assessment) -- $210 -- 111 -- 31 -- 25 $377 -- $262 -- 69 -- 52 -- 25 $q08 PITI (policpro) COLUMBIA,.-SOUTH.CAROUNA: a;licers rieig' through Oolice Home Loan Program Editor's Mote: Among the most conm~ers/a//ssues in ~ic~g ~ Th~ article detai~ a noel ~- ~c~ ~e c~ ~ ~ ~ ~1~ ~d ~u~ Poge 10 Imagine the aftermath of a tw.~-.~riue earthquake in ,San Francisco. C~her than the obvious chaos of the fires and mass destruction, one sociolocji~t real,zed that an even larger problem wa~ that--most of the firemen and policemen reside out- side the city limits. In San Francisco. that means that they most likely live across the bridge from where they would be needed most in a catastrophe such as a major earthquake- It ~sn'l just the lower cost of housing that attracts mlddl~incomt public ser~. ice u~"ke~ to the suburbs and outskirts of cities in which they work. Often. t~mes, the suburbs reflect the values of the tL~'kers, whereas the chaos and I I "ATTACHMENT C" crime of the inner-cirri do not. People think of suburbs as safer for their kids- which in and of itself, speaks columeS about the threat that crime poses. The tax and business dollars ~Iow u.'here money ~ spent--more money ~5 spent by thOSe workers at the local mal~s and grocer~ stores than in the city u~here th~ ~--so business flourishes in the suburbs, rather than the city. u.,herejobs and money are desperately needed by the lou)-incomt city dwellers. As u.'ell. thoae people with the resources and talent to so~ve the problern, s of the ~nner city often do not live there and there- fo~ haue no sen~ Of OLUnership o! those problerrts. F~l/Wlnter 19~z home wdh a iow-mt troubled neighl S. Columbia, a city of 1.05,000 ~ocated in the center of South Carolina, isn't in the center any major earthquake activity, but they do have their share of crime and deteriorating homes to shake up their inner-city neighborhoods- The Columbia Police Department realized that it was important for their officers to have a sense of ownership in the communities that they serve, and they have developed incentives to keep their officers living in the place where they work. The police Home Loan Program takes abandoned or condemned houses or seized crack houSeS and offers them to police officers at a io~-interest and Iow- mortgage rate. The progrem is Part of the overall concept of Commurdty-(~'iented Policing in Columbia, designed to pm- mote better neighborhoods and to fight crime. The ciW had akeady had a ~rem to create homeoW~P by ~,roviding ~ow-interest, iow-mortgage rate Ioa~ for city residents to pul~ha~ homeS, and giving this oppo~uniW to police officers seemed a Ingicai ex, ten* sion of the Community-Oriente~ Polic- ing idea--a way to put problem-solvers back in the neighbothood~ Chief Charles Austin says that them are other reasona other then crime prevention to encourage police officers to reside in the city. The Police Home Loan Program is bringing a sense of stablliW and credibility to tho~e areas that had been stereotyped aa being high-crime. It also makes the offlcere more accassible in ways o~ than law enforcement--as fellow citizens and neighbors. Due to their work, Police o~- ricers are more likely to see aigns of trou- ble in a community before a problem occurs. "When someone within the com- munity sb. uctore has a problem;' says Austin, "if it's identified early on, the likelihood is that alternative solutiOna can be developed to keep it from grow- A home purchased by a Columbia police officer under the plan. · ~65,000 rnax~um ~n amount (can Terma and mquire?~.nts -- -- i~ sim- The operation of me pm~z~,,, liar to a mortcjage bank, and in fact. the City of Columbia has a loan off'mcr to handle the loans in their Community De- velopmem Depaflmem- In orde~ for a Ponce officer to obrain a home, he or she must quelifl/ by having a Iow- to mo~-incorne level for the house- hold and agree to live on the prenfises for as long aa the luen ia active. Once the police officer selects the home, he or she ia responsible for negotiating the pur- chase price with the seller. The Commu- nity DeveloG~ent staff assists the police officer in obuining cost estimates for the Fet~bilitation work and a contractor ~s loan Oft3cer submits the loan to a com- mittee for approval and, if approved, the loan closing takes place. After the re- habllitation work is completed, whict~ is covered in the cost of the loan, the officer moves in and the payments be' gin, Loans are given out with the fol- lowing terms: · 4% rate of interest · fixed rete · ~Ooyear term · $0 down payment · all closing coStS financed he waived by the loan committee) The program is currently funded en- tirely by a Community Devel°bment Block Grant; however, program income will be added in the future with bank participation- Giving officers a stake Chief Charles Austin states that the police officers are hapPY with the pro- gram. So far, seven officers have qualified for the program, and five are · currently living in their homes. They cannot keep up with the supply for the demand--at this time, 12 officers are on a waiting list to qualify for home~ "Young police officers otherwise would have to wait years on end before · ' says they could afford their own homes,' Austin. "This way, they get an early start on a first home. Secondly, I look at it like someone who buys stock in a major corporation. That is, if you're a vested part.er in the community structure, then the evel of interest that you'ii take beyond that which is requ red as part of your daily duties is going to be much more significant." The sense of ownership that police officers living in the city feet toward their work and turf is evident, and the City:of r. ootpdn~ kdl/Wlnt~ 1~2 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-25ad SANDRA H, EAKIN Deputy City Clerk October 15, 1993 File #20-57-60-77-200-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31738-101193 approving location and major design features of the Brandon Avenue Widening Project from Edgewood Street, S. W., to the West Corporate limits, Project No. 0011-128-102, PE-101, RW-201, C-501, D-601, B-602, D-603; requesting the Virginia Department of Transportation to acquire all necessary rights-of-way for said Project; and authorizing you to execute all necessary railroad and utility agreements in conjunction with such Project. Ordinance No. 31738-101193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 11, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: M. Scott Hollis, Urban Engineer, Virginia Department of Transportation, 1401 East Broad Street, Richmond, Virginia 23219 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Wliliam L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer John R. Marllos, Chief, Community Planning Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent Kit B. Kiser, Director, Utliities and Operations W. Robert Herbert October 15, 1993 Page 2 pc: George C. Snead, Jr., Director, Public Safety Rawleigh W. Quarles, Fire Chief M. David Hooper, Police Chief Wanda B. Reed, Manager, Emergency Services Phillip F. Sparks, Acting Chief, Economic Development Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1993. No. 31738-101193. AN ORDINANCE approving the location and major design features of the Brandon Avenue Widening Project from Edgewood Street, S.W., to the West Corporate limits, Project No. 0011-128-102, PE-101, RW- 201, C-501, D-601, B-602, D-603; requesting the Virginia Department of Transportation to acquire all necessary rights-of-way for the Project; authorizing the City Manager to execute all necessary railroad and utility agreements in conjunction with such Project; and providing for an emergency. WHEREAS, a location and design public hearing was conducted on October 28, 1992, in the City of Roanoke by representatives of the Commonwealth of Virginia, Department of Transportation, after due and proper notice for the purpose of considering the proposed location and design of the Brandon Avenue Widening Project, from Edgewood Street, $.W., to the ~West Corporate limits, Project No. 0011-128-102, PE-101, RW-201, C-501, D-601, B-602, D-603, in the City of Roanoke, at which hearing aerial photographs, drawings and other pertinent information were made available for public inspection in accordance with State and federal requirements; WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said public hearing; WHEREAS, representatives of the City of Roanoke were present and participated in said hearing; WHEREAS, this Council has previously requested the Virginia Department of Transportation to program this project; and WHEREAS, this Council considered all such matters. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Council of the City of Roanoke hereby approves the location and major design features of the proposed project as presented at the October 28, 1992, public hearing. 2. The City of Roanoke requests the Virginia Department of Transportation to acquire all rights-of-way necessary for this project and to convey said rights-of-way to the City at the appropriate time. 3. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City of Roanoke, all necessary railroad and utility agreements required in conjunction with acquiring such rights-of-way. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. '9~ ~.,I "'~-~ Roanoke, Virginia October 11, 1993 Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: SUBJECT: Brandon Avenue Widening from Edgewood Street to West Corporate Limits I. Background: City Council, at its meeting on March 5, 1990, unanimously approved Resolution No. 29954-3590 which requested that the Virginia Department of Transportation (VDOT) program a project to widen Brandon Avenue, S.W. from Edgewood Street to the West Corporate Limits (see attached map). This project, which is consistent with the 1995 Roanoke Valley Transportation Plan, was subsequently included in VDOT's Six-Year Highway Improvement Program. Peters Creek Road Extension project used a conflict resolution process involving representatives from the Greater Deyerle Neighborhood Association, VDOT and the City of Roanoke. This process led to a "Consensus Response" which included several measures which need to be instituted due to the construction of the Peters Creek Road Extension project. This Brandon Avenue widening project is one of those measures. Purpose of this project is to relieve existing traffic congestion on Brandon Avenue between Edgewood Street and the West Corporate limits. This project will accommodate the anticipated traffic that will be generated by the proposed Peters Creek Road Extension project, which will intersect Brandon Avenue at Aerial Way Drive. Traffic volumes on this section of Brandon Avenue are expected to average 28,000 vehicles per day in 1995 and average 49,000 vehicles per day in 2016 (current volume is 22,000 vehicles per day). Proposed design of this project consists of five lanes along the 1.4 mile route, two tn each direction with a continuous left turn lane tn the center of the roadway. Concrete curb and gutter and sidewalk will be constructed along both sides of the entire route. The roadway will also be landscaped. Members of City Council Page 2 II. III. Speed limit is expected to be signed at 35 miles per hour. Cost estimate of $61596t000 will be shared by the Federal Highway Administration, VDOT, and The City. ~o percent City participation in preliminary engineering, right-of- way and construction amounts to a total City share of $131~920. Current Situation: A. Location and Design Public Hearing was held on October 28, 1992 at Covenant Presbyterian Church, 1831 Deyerle Road, S.W., having been preceded by an informal project plan review session on October 27. The public hearing, after due and proper notice was given for considering the proposed location and design of the project, included aerial photographs, drawings and other pertinent information available for public inspection in accordance with state and federal requirements. All persons and parties in attendance were afforded full opportunity to participate. Roanoke City Planning Commission received a briefing of the major design features at their meeting on November 4, 1992. Resolution from City Council approving the location and major design features of the proposed project as presented at the October 28, 1992 Public Hearing will enable the Commonwealth Transportation Board to also act upon the project. Approval by Council and the Board would enable VDOT to begin right-of-way acquisition as early as January, 1994. After right-of-way has been obtained, the project would be ready for advertisement in July, 1995 with construction requiring approxi~tely 2-1/2 years to complete. The project is scheduled to be complete by the time Peters Creek Road Extension is opened to Brandon Avenue traffic. Issues: A. Transportation B. Public Hearinq Comments C. Funding Members of City Council Page 3 IV. D. Schedule E. Right-of-way acquisition Alternatives: City Council approve the location and major design features of the widening of Brandon Avenue from Edgewood Street, S.W. to the West Corporate limits, as presented at the October 28, 1992 Public Hearing; and request that the VDOT acquire all rights-of-way necessary for the project conveying said rights-of-way to Roanoke at the appropriate time; and authorize the City Manager to execute, on behalf of the City, all necessary railroad and utility agreements required in conjunction with acquiring such rights-of-way. 1. Transportation system and safety improves in accordance with the 1995 Roanoke Valley Transportation Plan. Public Hearing comments have been reviewed and the following actions have been developed in response to these concerns: (a) West end of project will be extended 600 feet to the intersection at Keagy Road in the City of Salem to provide a more logical project terminus. Intersection would also be signalized. VDOT is funding this additional work, with no City funds involved. (b) Access to Harvey's Cleaners at the future corner of Brandon Avenue and Peters Creek Road will be enhanced by providing a median opening only for left turns from southbound Peters Creek Road. Left turns from Harvey's Cleaners onto southbound Peters Creek Road cannot be provided due to traffic safety concerns. (c) Pavement width will be increased by four feet to allow the two outside lanes to both be increased from eleven (11) feet to thirteen (13) feet to better accommodate bicycle traffic. (d) Size of storm-water management areas have been reduced to minimize impact upon developable tracts of land along Brandon Avenue. Members of City Council Page 4 Funding for City's 2% share in the amount of approximately ~131~920 ts presently being funded from the Streets and Bridges category of the 1992A Bond Series and other existing capital fund accounts· Transfers are made annually into the existing Hrandon Avenue Widening Account (No. 008-052-9604-9003) to meet the VDOT invoices for this multi-year project· Schedule is for VDOT to begin right-of-way acquisition as early as January, 1994 (dependent upon City Council and Commonwealth Transportation Board actions). Right-of-way acquisition would be handled by VDOT in accordance with state and federal law. A total of one business is planned to be displaced. However, the project will not be advertised for construction until a proper replacement structure is found· City Council not approve the location and major design features of the Brandon Avenue from Edgewood Street, S.W. to the West Corporate limits, as presented at the October 28, 1992 Public Hearing. 1. Transportation and safety in this Brandon Avenue corridor remains in the same condition, and would worsen in future years. 2. Public Hearing comments in support of the project are rejected· Funding for the City's share is not spent· The ~492~871.56 spent as of July 31, 1993 by VDOT on preliminary engineering, less the City's share of 2% paid to date in the amount of ~9~857.43 leaves a balance of ~483~014.13 that the City would be responsible for if it chose to cancel the project at this time. 4. Schedule is not met. 5. Right-of-way ts not acquired. Members of City Council Page 5 V. Recommendation is that City Council: Approve the location and major design features of the widening of Brandon Avenue from Edgewood Street, S.W. to the West Corporate limits, as presented at the October 28, 1992 Public Hearing. Request that the VDOT acquire all rights-of-way necessary for the project conveying said rights-of-way to Roanoke at the appropriate time. CJ Authorize the City Manager to execute, on behalf of the City, all necessary railroad and utility agreements required in conjunction with acquiring such rights-of- way. Respectfully submitted, W. Robert Herbert City Manager WRH:RKB:jrm Attachment: Map copy: Director of Finance City Attorney Director of Public Works Director of Utilities & Operations Director of Public Safety Chief, Economic Development City Engineer Chief, Community Planning Police Chief Fire Chief Manager of Emergency Services Budget Administrator MARY F. PARKER City Clerk, CMC/AAE 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 D~puty City Clerk October 15, 1993 File #123 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31739-101193 approving expansion of the City of Roanoke Jail to add 160 beds, at a cost of approximately $7,700,000.00; requesting reimbursement of 25 per cent of eligible project costs from the Commonwealth of Virginia Board of Corrections; and repealing Resolution No. 31366-030893 adopted March 8, 1993. Resolution No. 31739-101193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 11, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Erie. pc: The Honorable W. Alvin Hudson, City Sheriff Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Barry L. Key, Manager, Office of Management and Budget Dolores C. Daniels, Assistant to the City Manager for Community Relations IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1993. No. 31739-101193. A RESOLUTION approving expansion of the City of Roanoke Jail; requesting reimbursement of twenty-five percent of eligible project costs from the Commonwealth of Virginia Board of Corrections; and repealing Resolution No. 31366-030893 adopted March 8, 1993. WHEREAS, the City of Roanoke Jail has a current operating capacity of 216 inmates; WHEREAS, the Jail has recently housed as many as 510 inmates, and during the averaged 496 WHEREAS, as to health, WHEREAS, project which would create 160 beds at a cost of $7,700,000; and WHEREAS, expansion of the'City of Roanoke Jail is considered by this Council to be a crltical capital improvement project; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council concurs in the need for expansion of the City of Roanoke Jail and hereby approves of a construction and enlargement project which will add 160 beds at a cost of approximately $7,700,000. month of November, 1992, the jail population inmates; overcrowding of the Jail has caused serious concerns safety and welfare, both as to inmates and staff; the City of Roanoke has proposed a Jail expansion approximately 2. The Commonwealth of Virginia Board of Corrections is hereby requested to provide reimbursement to the City for twenty- five percent of the eligible costs of the City of Roanoke Jail construction and enlargement project. 3. Resolution No. 31366-030893 adopted March 8, 1993, is hereby repealed. ATTEST: City Clerk. October 11, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Amendment to the Resolution Requesting Reimbursement from the Commonwealth of Virginia the Jail Annex Project for Construction of a Jail Anne~ was proposed to City Council on February 10, 1993, as part of a draft Capital Improvement Program. Project description for the Jail Anne~r at that time was the provision of housing for 220 additional inmates (the current operating capacity is 236) through the construction of a Jail Annex at an estimated cost of $7,000,000. City Council concurred with the City Manaqer'~ recommendation in adopting the attached resolution (Attachment A) on March 8, 1993, requesting reimbursement of project costs by the Virginia Department of Corrections at a rate of 25%. Fundinq for the estimated $7,000,000 Drojeu~ was to be comprised of $4,800,000 in general obligation bonds, $1,750,000 from the Virginia Department of Corrections and $450,000 in other local funds. City Council authorized the issuance of general obligation bonds to finance the project on April 5, 1993. II. Current situation: The 1993 General Assembly amended Sections 53.1-80 thru 82 of the Code of Virqinia which prescribes the submission schedule for cost reimbursement requests for projects of this nature, and also details what the cost reimbursement request package must contain. ~he cost reimbursement request packaqo must contain (1) resolution from the local governing body supporting the project and requesting reimbursement, (2) a Community- Based Corrections Plan (needs assessment), and (3) a planning study. a C. Status of the cost reimbursement request packaq,, is: 1. The resol_____ution was passed by Council on March 8, 1993. 2. The Community-Based Corrections Plan (needs ~ was originally submitted to the Virginia Department of Corrections in January 1993, and in September 1993 was revised and resubmitted with the resolution to meet the new state requirements. 3. The Dlanninq study was submitted to the Department of Corrections in September 1993. D. The Virqinia Board of Corrections had originally scheduled to review the Community-Based Corrections Plan in October 1993, followed by a review of the planning study in November 1993. The City was notified at 3:00 p.m. on Thursday, October 7th, that the Board had revised its schedule to review both the Community-Based Corrections Plan and planning study on October 19th. The City was also advised that it would be necessary to revise the previous resolution to more accurately reflect current project information regarding cost and the amount of inmate housing to be provided. E. The estimated cost of the project and amount of inmat~ housinq to be provided has chanqed due to changes by the Virginia Department of CorrectiOns in the "Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities,, effective July 1, 1993. F. 220 beds had originally been estimated as the amount of new inmate housing to be provided by the project based on the standard cell size at that time of 85 square feet for two inmates. The standard cell size was changed to 115 square feet for two inmates, reducing the number of beds provided to 160. However, over 300 bedspaces can be provided with double-bunking. G. The new standards also required that the amount of spac~ for Dro~ram support, i.e. space for recreation, classroom and diversion activities, be increased from 44,300 square feet to 51,700 square feet. The estimated project cost has increased to $7.656,00~; due to changes in the construction standards combined with closer estimates of projection costs, including the cost of inflation. Fundinq for the project would be comprised of $4,800,000 in general obligation bonds, $1,914,000 from the Virginia Department of Corrections and $942,000 in other local funding. A funding source will be identified for the $492,000 increase in other local funding when the III. IV. recommended Capital Improvement Program is presented to City Council later this fiscal year. Issues: Timing - City Council does not meet on October 18th, therefore the revised resolution must be acted upon now to allow consideration of the document by the Board of Corrections on October 19th. Funding - The project cost has increased $656,000 due to a change in construction standards by the state and the development of more precise construction cost estimates. A funding source for the local share of this cost increase, that being $492,000, will be identified and recommended to Council with the recommended Capital Improvement Program. Recommendation is that City Council concur in the attached revised resolution (Attachment B) requesting reimbursement of the Jail Annex project costs by the Virginia Department of Corrections at a rate of 25%. Respectfully submitted, City Manager Attachment cc: City Attorney City Sheriff Director of Finance Director of Public Safety Director of Public Works City Engineer Manager, Management and Budget ATTACHMENT A IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th Day of March, 1993. No. 31366-030893. A RESOLUTION approving expansion of the City of Roanoke Jail and requesting reimbursement of twenty-five percent of eligible project costs from the Commonwealth of Virginia Board of Corrections. WHEREAS, the City of Roanoke Jail has a current operating capacity of 216 inmates; WHEREAS, the Jail has recently housed a~ many as 510 inmates, and during the month of November, 1992, the Jail population averaged 496 inmates; WHEREAS, overcrowding of the Jail has caused serious concerns as to health, safety and welfare, both as to inmates and staff; WHEREAS, the City of Roanoke has proposed a Jail expansion project which would create 220 beds at a cost of approximately $7,000,000; and WHEREAS, expansion of the City of Roanoke Jail Is considered by this Council to be a critical capital improvement project; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council concurs in the need for expansion of the City of Roanoke Jail and hereby approves of a construction and enlargement project which will add 220 beds at a cost of $7,000,000. 2. The Commonwealth of Virginia 8oard of Corrections is hereby requested to 9rovide reimbursement to the City for twenty- five percent of the eligible costs of the City of Roanoke Jail construction and enlargement project. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE 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 October 15, 1993 File #448 Mr. Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: I am attaching copy of Ordinance No. 31740-101193 governing procedures and standards for regulation of cable television rates, pursuant to the rules of the Federal Communications Commission and the Cable Television Consumer Protection and Competition Act of 1992. Ordinance No. 31740-101193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 11, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: The Honorable Howard E. Musser, Chairperson, Roanoke Regional Cable Television Committee G~etchen Shine, Vice President/General Manager, Cox Cable Roanoke, Inc., 1909 Salem Avenue, S. W., Roanoke, Virginia 24016 W. Robert Herbert, City Manager James D. Grisso, Director of Finance M. Michelle Bono, Public Information Officer IN THE COUNCIL OF THE CITY OF The llth day of October, 1993. No. 31740-101193. ROANOKE, VIRGINIA, AN ORDINANCE governing the procedures and standards for the regulation of cable television rates pursuant to the rules of the Federal Communications Commission and the Cable Television Consumer Protection and Competition Act of 1992; and providing for an emergency. BE IT follows: SECTION 1. ORDAINED by the Council of the City of Roanoke as Background and Purpose. On the 22nd day of April, 1991, the City of Roanoke, Virginia ("City") passed and adopted Ordinance No. 30478-42291 granting to Cox Cable Roanoke, Inc. ("Grantee") the nonexclusive right to construct, own, and operate a cable television system in the City. The Cable Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act") was enacted on October 5, 1992, and became effective December 4, 1992. The 1992 Cable Act amends the Cable Communications Policy Act of 1984 and, in particular, Section 623 (47 U.S.C. 543) governing the regulation of rates charged by cable television operators. On April 1, 1993, the Federal Communications Commission ("FCC") adopted rate regulations pursuant to the 1992 Cable Act. These FCC rate regulations were released May 3, 1993, and became effective September 1, 1993. Pursuant to 47 C.F.R. Part 76.900, Subpart N, Section 76.910, on the 4th day of October, 1993, the City submitted FCC Form 328, Certification for Franchising Authority to Regulate Basic Cable Service Rates and Initial Finding of Lack of Effective Competition, to the FCC via Registered Mail, Return Receipt Requested. Pursuant to Section 76.910, the date on the return receipt will be considered the date filed. A copy of the FCC Form 328 was also served on Grantee on October 4, 1993, the same day it was submitted to the FCC. Pursuant to Section 76.910, the City's certification becomes effective 30 days after the date filed. In adopting this Ordinance, the City reviewed applicable FCC regulations governing the basic service tier and provided a reasonable opportunity for consideration of the views of interested parties. This Ordinance will govern the procedures to be undertaken by the City for the regulation of Grantee's cable television rates pursuant to the 1992 Cable Act and the regulations of the FCC. SECTION 2. Full Regulatory Power Reserved. Ail rates and charges for basic cable service and any other cable programming services, as defined by the 1992 Cable Act and applicable FCC regulations, shall, to the extent permissible, be subject to regulation by the City in a manner provided by this Ordinance. This Ordinance shall apply to all cable television system operators in the City. The Grantee and/or any other operator of a cable television system operating in the City shall be subject to the rate regulation provisions provided for herein, and those of the FCC at 47 C.F.R., Part 76.900, Subpart N. The City reserves the right to amend this Ordinance from time to time consistent with the requirements of the FCC, and state and federal law. SECTION Procedures For Implementing Regulation of Basic Cable Service. The City hereby adopts and shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76.900, Subpart N. Bo Co Upon adoption of this Ordinance, a City representative will send to Grantee and each operator of a cable television system in the City, via Certified Mail, Return Receipt Requested, a written notice, which shall include a copy of this Ordinance and the completed FCC Form 328. Within thirty (30) days after receipt of the notice referenced in Section 3.B., Grantee and any other cable television operator shall respond with rate and benchmark information utilizing FCC 393, Determination of Maximum Initial Permitted Rates for Regulated Cable Services and Actual Cost of Equipment. If the initial rates and/or any subsequent rate increases are within the FCC standards, the rates will be effective thirty (30) days after submission. If the City is unable to determine whether the rate in issue is within the FCC's standards, based on the material before it, or if the Grantee or any other cable operator has submitted a cost-of- service showing seeking to justify a rate above the FCC's reasonable rate level, the City may take an additional period of time to make a final determination and toll the effective date of the proposed rates for a commensurate period. The City may take an additional ninety (90) days if it needs more time to ensure that a rate is within the FCC's rate standards. The City may take an additional 150 days to evaluate a cost-of-service showing seeking to justify a rate above the reasonable rate level. The City must issue a brief written decision regarding its invocation of the additional time period. If no action is taken within the above referenced time periods, the proposed rates will go into effect, subject to subsequent refund orders if the City 3 SECTION 4. later issues a decision disapproving any portion of the proposed rates. In all cases, the City will issue a written decision to approve the rate schedule, disapprove the rate schedule or continue for review. If rates are in excess of the FCC's standards, the rates may be reduced by the City pursuant to applicable FCC regulations. Do After the initial rate schedule procedures are followed, as described in this Section, Grantee and/or any other cable operator shall, in conjunction with each change in the rates and charges applicable to basic cable service, conform to the standards of the FCC. Before any rate change is effective, Grantee and/or any other cable operator shall notify the City of its requested rate change by giving the City thirty (30) days advance written notice before the change is effective and by providing the City with its rates and applicable information pursuant to the FCC regulations. To the extent specifically permitted by federal law and applicable FCC rules, Grantee and/or any other cable operator shall be permitted to appeal to the FCC for a review of the decision of the City. Consultant and Cost~. The City may utilize a rate consultant to advise it on proposed rate changes and to assist it in the procedures and the standards for review adopted by the FCC. A rate consultant may be any person who has sufficient background and experience, in the sole opinion of the City, to properly evaluate and analyze rates and charges. All costs for the review of initial rates or rate changes shall be paid by the cable operator upon demand of the City, unless contrary to applicable rules of the FCC gOverning these procedures or unless otherwise specifically preempted by state or federal 4 SECTION 5. law. The costs shall include, but not be limited to, rate consultants, attorney's fees and the reasonable value of services (as determined by the City) rendered by the City or any City employees, agents or representatives of the City. Application of the Requirements in this Ordinanc,.. The requirements described in this Ordinance are applicable to the Grantee and all operators of cable television systems within the City subject to rate regulation according to the 1992 Cable Act and applicable FCC rules. SECTION 6. Effective Date. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. WILBURN C. DIBMNG, JR. CITY A~ORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 703-981-2431 TELECOPIER: ?03-981-2940 October 11, 1993 WILLIAM X PARSONS STEVEN J. TALEVI KATHLEEN MARIE KRONAU GLADYS L YATES ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Regulation of cable television rates Dear Mrs. Bowles and Gentlemen: At the City Council meeting of October 4, 1993, Council adopted a resolution authorizing the City Manager to file a certification form (Form 328) with the Federal Communications Commission ("FCC") by which the City seeks authority to regulate rates for the basic cable service tier. The City's Form 328 was mailed to the FCC on the same day Council approved of its submission. A franchising authority's certification to engage in basic tier rate regulation becomes effective 30 days after receipt by the FCC of the Form 328 unless objection is interposed by the FCC. It is expected that the City's submission will become effective 30 days after receipt by the FCC. In order to permit the City to engage in basic tier rate regulation, one other step is required; City Council must adopt rate regulations consistent with the FCC's regulations. By the attached ordinance, and FCC regulations which are incorporated by reference, the City agrees to provide for: A reasonable opportunity for consideration of the views of interested persons concerning rates which may be provided through a formal or informal hearing or receipt of written comments; Protection for confidential information of the cable operator; 3. Time limits as established by the FCC; and 4. Use of the benchmark method of rate analysis unless the cable operator makes a cost of service submission. The Honorable Mayor and Members of City Council October 11, 1993 Page 2 The attached ordinance has been recommended by the City's special counsel retained to represent the City in cable television regulatory issues before the FCC. I also recommend adoption of the attached ordinance to you. Please contact me if you have any questions with respect to the regulation of basic tier cable television rates. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCD:f Attachment cc: The Honorable Howard E. Musser, Chairman, Roanoke Regional Cable Television Committee W. Robert Herbert, City Manager Michelle Bono, Public Information Officer COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 Misc. 10/11/93 - Council; C.Mgr.; C.Atty. P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 October 1, 1993 Mary F. Parker, City Clerk Roanoke Municipal Building, Room 456 215 Church Avenue Roanoke, VA 24011 BOARD OF SUPERVISORS H. ODIELL 'FUZZY' NhNNIX, CHAIRMAN (703) 772-2005 Dear Ms. Parker: Attached is a copy of Action No. 92893-2 authorizing the filing of certification with the Federal Communications Commission to permit the County of Roanoke to regulate rates for basic cable service and equipment consistent with the 1992 Cable Act. This action was approved by the Board of Supervisors at their meeting on Tuesday, September 28, 1993. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, Clerk Roanoke County Board of Supervisors /lav attachment C: Joseph Obenshain, Sr. Assistant County Attorney Anne Marie Green, Cable TV Committee Howard Musser, Regional Cable TV Committee Chairman Clay Goodman, Vinton Town Manager Recycled Paper COUNTY ADMINISTRATOR P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 October 1, 1993 The Honorable Howard Musser, Chairm_an Roanoke Valley Regional Cable Television Committee 215 Church Avenue Roanoke, VA 24011 BOARD OF SUPI~RVISORS (703) 772-2(X)5 Dear Chairman Musser: Attached is a copy of Action No. 92893-2 authorizing the filing of certification with the Federal Communications Commission to permit the County of Roanoke to regulate rates for basic cable service and equipment consistent with the 1992 Cable Act. This action was approved by the Board of Supervisors at their meeting on Tuesday, September 28, 1993. If you need further information, please do not hesitate to contact Sincerely, Mary H. Allen, Clerk Roanoke County Board of Supervisors /lay attachment c: Joseph Obenshain, Sr. Assistant County Attorney ~ane Marie Green, Cable TV Committee ry Parker, Roanoke City Clerk Clay Goodman, Vinton Town Manager COUNTY ADMINISTRATOR Mr. Clay Goodman, Manager Town of Vinton 311 S. Pollard Street Vinton, VA 24179 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 September 30, 1993 BOARD OF SUPERVISO RS (703) 772-2005 Dear Sir: Attached is a copy of Action No. 92893-2 authorizing the filing of certification with the Federal Communications Commission to permit the County of Roanoke to regulate rates for basic cable service and equipment consistent with the 1992 Cable Act. This action was approved by the Board of Supervisors at their meeting on Tuesday, September 28, 1993. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, Clerk Roanoke County Board of Supervisors /lay attachment Joseph Obenshain, Sr. Assistant County Attorney Anne Marie Green, Cable TV Committee Howard Musser, Regional Cable TV Committee Chairman ~ary Parker, Roanoke City Clerk AT ~ REGUI.~lt MEETZNG OF THE BO~%RD OF 8UPERVZSORS OF RO~OHE COUNTY. VIRGINZ~. HELD &T THE ROANOKE COUNTY ADMZN~STI%~T~ON CENTER ON TUESDAY~ SEPT~ 28~ ~993 RESOLUTION 92893-2 ~UTHORlZlNG THE FILING OF CERTIFIC&TZON WITH THE FEDEHAL COI4XUNIC&TIONS CO~,D~ISSION TO PERMIT THE COUNTY OF HO~NOKE TO REGULATE I~TES FOR B~SIC C~BLE SERVICE ~ID EQUIPMENT CONSISTENT W~TH THE ~992 C~%BLE ~CT ~ i~DOPT~ON OF ~ REQUIRED RESOLUTZONS WHEREAS, on April 1, 1993, the Federal Communications Commission adopted a ReDort and Order and Further Notice of Proposed Rule-making, in MM Docket No. 92-266, implementation of sections of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, FCC No. 93-177, released May 3, 1993, effective September 1, 1993, ("FCC regulations,,) which describes a comprehensive process whereby franchising authorities may regulate the rates charged by existing cable television operators for the basic service tier; and WHEREAS, the FCC procedure allows franchising authorities to seek certification from the FCC and thereafter regulate the rates charged by cable operators for the basic service tier; and WHEREAS, the County, as franchising authority, has reviewed the FCC certification process and applicable FCC forms and determined that it has the legal authority and financial capability to exercise rate regulation under the FCC's regulations; and WHEREAS, the County, with assistance from qualified advisors, has determined that it is in the best interests of the County, its residents, and cable television subscribers to exercise the regulatory authority afforded franchising authorities under the FCC's regulations; and WHEREAS, the County has determined that its best interests are served by moving forward in an expeditious manner seeking certification from the FCC to regulate the basic cable service tier to avoid potential rate increases which may result in higher overall rates charged to cable television subscribers within the County; NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia; 1. County Administrator is hereby authorized to submit all applicable forms to the FCC to seek certification for regulation of the basic service tier of all cable television systems operating within the County of Roanoke. 2. No further action or approval by the Board of Supervisors shall be required for execution of any and all appropriate forms to be submitted to the FCC for regulation of the basic service tier. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Eddy, Nickens, Minnix NAYS: Supervisor Kohinke A COPY TESTE: CC: File Joseph Obenshain, Anne Marie Green, Mary H. Allen, Clerk Roanoke County Board of Supervisors Sr. Assistant County Attorney Cable TV Committee Howard Musser, Regional Cable TV Committee Chairman Mary Parker, Roanoke City Clerk Clay Goodman, Vinton Town Manager Misc. 10/11/93 - Council; C.Mgr.; C.Atty. TOWN OF P. O. 80X 338 VINTON, VIRGINIS~41 PHONE {703) FAX (703) 9830621 October 6, 1993 B. CLAYTON GOODMAN, III TOWN MANAeER Joseph B. O{~mshain, Esquil~ Senior Assistant County Attorney County of Roanoke P. O. Box 29800 Roanoke, Virginia 24018-0798 CATV ~ With Cox Cable Ro~noi~, hw. FCC ~ Re~i~tiom for B~sic Service Tier Dear Mr. Obenshain: Enclosed please find copy of Resolution No. 859 adopted by the Vinton Town Council during their regular meeting of Tuesday, October 5, 1993, authorizing the filing of certification with the Federal Communications Commission to permit the Town of Vinton to regulate rates for basic cable TV service, pursuant to the "1992 Cable Act". If you have any questions or need additional information, please do not hesitate to contact me. Sincerely, B. Clayton Goodman, III Town Manager BCG/csr Enclosures pc: Howard Musser, Regional Cable TV Committee Chairman Mary F. Parker, Roanoke City Clerk Mary II. Allen, Clerk, Roanoke County Board of Supervisors RESOLUTION MO. est &T & ~ MBBTI. B~ OF THE VINTOM TOWN COUNCIL HELD OM TUHID&Y, OCTOBER S, 1993, AT 7:00 P.M. IN THE COUMCIL~iAMBERi OF THH VI~TOM MUNICIP]i,L HUILDZNG, 311 SOUTH POLLARD BTRBBT, VINTON, VIRGINIA. TO THE FBDF.~LL COMMUNICATIONS COMMIIHION SBi~IBJG CBRTIFICATIOM TO HBGULATB THE RATBS C~idl~.GBD BY CABLE OPERATC)RHI~THINTHH TOWBIFOR BASIC C3LIBLB HERVICB. UnF.~S, on April 1, 1993, the Federal Communications Commission adopted a Report and Order and Further Notice of Proposed ~, in MM Docket No. 92-266, implementation of sections of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, FCC No. 93-177, released May 3, 1993, effective September 1, 1993, (~FCC regulations") which describes a comprehensive process whereby franchising authorities may regulate the rates charged by existing cable television operators for the basic service tier; and, the FCC procedure allows franchising authorities to seek certification from the FCC and thereafter regulate the rates charged by cable operators for the basic service tier; and, the Town, as franchising authority, has reviewed the FCC certification process and applicable FCC forms and determined that it has the legal authority and financial capability to exercise rate regulation under the FCC's regulations; and, the 'Town, with assistance from qualified advisors, has determined that it is in the best interests of the Town, its residents, and cable television subscribers to exercise the regulatory authority afforded franchising authorities under the FCC's regu/ations; and, the Town has determined that its best interests are served by moving forward in an expeditious manner seeking certification from the FCC to regulate the basic cable service tier to avoid potential rate increases which may result in higher overall rates charged to cable television subscribers within the Town. NON, THERF~ORB, BE IT RESOLVED, by the Council of the Town of Vinton, Virginia; 1. Town Manager is hereby authorized to submit all applicable forms to the FCC to seek certification for regulation of the basic service tier. 2. No further action or approval by the Town council shall be required for execution of any and all appropriate forms to be submitted to the FCC for regulation of the basic service tier. Adopted on motion made by Councilman Joseph L. Bush, Jr. and seconded by Councilman Donald L. Davis , following votes recorded. with the AYES 5 NAYS 0 APPROVED: ATTEST Town Cl~rk Charles . hill, Mayor CERTIFICATION I, Carolyn S. Ross, duly appointed and Town Clerk of the Town of Vinton, do hereby certify that the above is a true and correct copy of Resolution No. 859, consisting of two (2) pages, adopted by the Town Council of the Town of Vinton, Virginia on the 5th day of October, 1993. Town Clsr~ (official Position) ~Signaturs) WILBURN C. DIBLINQ, JR. OFFICE OF CI$¥ Rlh ¥ 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 October 12, 1993 WILLIAM X PARSONS STEVEN J. TALEVI KATHLEEN MARIE KRONAU QLADY$ L. YAYE$ CERTIFIED MAIL - RETURN RECEIPT REQUES,~b:,; MS. Gretchen Shine, Vice-President/General Manager Cox Cable Roanoke, Inc. 1909 Salem Avenue, S. W. P. O. Box 13726 Roanoke, Virginia 24036 Dear Ms. Shine: Re: Notice Pursuant to S3.B of Ordinance No. 31740-101193r adopted October llr 1993 Pursuant to S3.B of Ordinance No. 31740-101193, adopted by Roanoke City Council on October 11, 1993, I am serving on Cox Cable Roanoke, Inc., by Certified Mail, Return Receipt Requested, this written notice, which includes a copy of Ordinance No. 31740-101193 and the City's completed FCC Form 328 which was received by the FCC on October 6, 1993, according to the City's return receipt. Within thirty days after receipt of this notice, Cox C ~ ~espond to the City with rate and ~_2_a_b~_R,_oa~o~e, Inc., u~xxxzzng FCC Form 393 ~ ..... ~-~m~r~ information , u~erm~na~on of Maximum Initial Permitted Rates for Regulated Cable Services and Actual Cost of Equipment. Once again, I want you to know that the City intends to work cooperatively with Cox Cable Roanoke, Inc., in establishment of basic cable service rates in accordance with Federal law and regulations. Wlth kindest personal regards, I am Sincerely yours, WCD:f Enclosures Wilburn C. Dibling, Jr. City Attorney Ms. Gretchen Shine, Vice-President/General Manager October 12, 1993 Page 2 cc: The Honorable Howard E. Musser, Chairman, Roanoke Valley Regional Cable Television Committee W. Robert Herbert, City Manager Michelle Bono, Public Information Officer IN THE COUNCIL OF THE CITY OF ROANOKE, ?he llth day of October, 1993. No. 31740-101193. VIRGINIA, 5.b.1. AN ORDINANCE governing the procedures and standards for the regulation of cable television rates pursuant to the rules of the Federal Communications Commission and the Cable Television Consumer Protection and Competition Act of 1992; and providing for an emergency. BE IT follows: SECTION 1. ORDAINED by the council of the City of Roanoke as Background and Purpose. On the 22nd day of April, 1991, the City of Roanoke, Virginia ("City") passed and adopted Ordinance No. 30478-42291 granting to Cox Cable Roanoke, Inc. ("Grantee") the nonexclusive right to construct, own, and operate a cable television system in the City. The Cable Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act") was enacted on October 5, 1992, and became effective .December 4, 1992. The 1992 Cable Act amends the Cable Communications Policy Act of 1984 and, in particular, Section 623 (47 U.S.C. 543) governing the regulation of rates charged by cable television operators. On April 1, 1993, the Federal Communications Commission ("FCC") adopted rate regulations pursuant to the 1992 Cable Act. These FCC rate regulations were released May 3, 1993, and became effective September 1, 1993. Pursuant to 47 C.F.R. Part 76.900, Subpart N, Section 76.910, on the 4th day of October, 1993, the City submitted FCC Form 328, Certification for Franchising Authority to Regulate Basic Cable Service Rates and Initial Finding of Lack of Effective Competition, to the FCC via Registered Mail, Return Receipt Requested. Pursuant to Section 76.910, the date on the return receipt will be considered the date filed. A copy of.the FCC Form 328 was also served on Grantee on October 4, 1993, the same day it was submitted to the FCC. Pursuant to Section 76.910, the City's certification becomes effective 30 days after the date filed. In adopting this Ordinance, the City reviewed applicable FCC regulations governing the basic service tier and provided a reasonable opportunity for consideration of the ~iews of interested parties. This Ordinance will govern the procedures to be undertaken by the City for the regulation of Grantee's cable television rates pursuant to the 1992 Cable Act and the regulations of the FCC. SECTION 2. Full Regulatory Power Reserved. Ail rates and charges for basic cable service and any other cable programming services, as defined by the 1992 Cable Act and applicable FCC regulations, shall, to the extent permissible, be subject to regulation by the City in s manner provided by this Ordinance. This Ordinance shall apply to all cable television system operators in the City. The Grantee and/or any other operator of e cable television system operating in the City shall be subject to the rate regulation provisions provided for herein, and those of the FCC at 47 C.F.R., Part 76.900, Subpart N. The City reserves the right to amend this Ordinance from time to time consistent with the requirements of the FCC, and state and federal law. SECTION Procedures For Implementing Regulation of Basic Cable Service. ae The City hereby adopts and shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76.900, Subpart N. 2 Upon adoption of this Ordinance, a City representative will send to Grantee and each operator of a cable television system in the City, via Certified Mail, Return Receipt Requested, a written notice, which shall include a copy of this Ordinance and the completed FCC Form 328. Within thirty (30) days after receipt of the notice referenced in Section 3.B., Grantee and any other cable television operator shall respond with rate and benchmark information utilizing FCC 393, Determination of Maximum Initial Permitted Rates for Regulated Cable Services and Actual Cost of Equipment. If the initial rates and/or any subsequent rate increases are within the FCC standards, the rates will be effective thirty (30) days after submission. If the City is unable to determine whether the rate in issue is within the FCC's standards, based on the material before it, or if the Grantee or any other cable operator has submitted a cost-of- service showing seeking to Justify a rate above the FCC's reasonable rate level, the City may take an additional period of time to make a final determination and toll the effective date of the proposed rates for a commensurate period. The City may take an additional ninety (90) days if it needs more time to ensure that a rate is within the FCC's rate standards. be The City may take an additional 150 days to evaluate a cost-of-service showing seeking to justify a rate above the reasonable rate level. The City must issue a brief written decision regarding its invocation of the additional time period. If no action is taken within the above referenced time periods, the proposed rates will go into effect, subject to subsequent refund orders if the City 3 SECTION 4. later issues a decision disapproving any portion of the proposed rates. In all cases, the City will issue a written decision to approve the rate schedule, disapprove the rate schedule or continue for review. If rates are in excess of the FCC's Standards, the rates may be reduced by the City pursuant to applicable FCC regulations. After the initial rate schedule procedures are followed, as described in this Section, Grantee and/or any other cable operator shall, in conjunction with each Change in the rates and charges applicable to basic cable service, conform to the standards of the FCC. Before any rate change is effective, Grantee and/or any other cable Operator shall notify the City of its requested rate change by giving the City thirty (30) days advance written notice before the change is effective and by providing the City with its rates and applicable information pursuant to the FCC regulations. To the extent specifically permitted by federal law and applicable FCC rules, Grantee and/or any other cable operator shall be permitted to appeal to the FCC for a review of the decision of the City. ~onsultant and Cos~-. The City may utilize a rate consultant to advise it on proposed rate changes and to assist it in the procedures and the standards for review adopted by the FCC. A rate consultant may be any person who has sufficient background and experience, in the sole opinion of the City, to properly evaluate and analyze rates and charges. All costs for the review of initial rates or rate changes shall be paid by the cable operator upon demand of the City, unless contrary to applicable rules of the FCC governing these procedures or unless otherwise specifically preempted by state or federal 4 SECTION 5. law. The costs shall include, but not be limited to, rate consultants, attorney's fees and the reasonable value of services (as determined by the City) rendered by the City or any City employees, agents or representatives of the City. A lication of the Re Utrements in this Ordinance. The requirements described in this Ordinance are applicable to the Grantee and all Operators of cable television systems within the City subject to rate regulation according to the 1992 Cable Act and applicable FCC rules. SECTION 6. Effective Date. In Order to provide for the usual daily Operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. 5 FCC :328 [~ Fcc tM o~ CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION tsme IzlP code c~y ROAHOK~ I VA Td~pboM No. (ir, clude ~ cede~ 703-98].-243~1 penofl to contact w~th respect to b~s fofln: Wilburn C. Dibling, Jr., City Attorney the NlUlMMm ~-;~ad by trw FCC ~ to 47 U.S.C. Section S43~0)! Name Mamaj Add~m 2. b. Name ~J) of system(s) and amocbted cemfmmRy ~ ~ yoe chlm are s.a~;~.-t to rq~Lutkm afld wlet e~10ect to wMch yee are filial thb ce, tJfi~atJoa. (Attoch addltioad sheMs ff M~mary.) Name M Symm Cemmudy Udthludld~ I COX CABLE RO&liO"rl~, INC VaO1SO WJlh rmlmd to the fram:hieing author~'s rq~lat~om ret'ery~d to in QueMJee 3, .r~y. [-'~ ~0 s. De the lmx~MeM laM Md N~,atJem [--'-~Y" Olto O~tobez 4, 1993 V~UJaJL FALM STATEk~NTS MADE ON THIS FORM PUNISHABLE IY FINE AND~O~ LMI~LSONMENT (U.S. COOE TITLE 11, S~-CTION 1001). MARY F. PARKER City Clerk, CMC/AAE 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 October 15, 1993 File #2-67-68-178-468 W. Robert Herbert City Manager Roanoke, Virginia William S. Hubard, President Habitat for Humanity in the Roanoke Valley P. O. Box 8806 Roanoke, Virginia 24014 Gentlemen: I am attaching copy of a report of the Water Resources Committee recommending authorization to transfer title to the Spottswood Park Property back to J. B. Fishburn Heirs for donation to Habitat for Humanity in the Roanoke Valley to ailow for construction of low-income homes, which report was before the Council of the City of Roanoke at a regular meeting held on Monday, October 11, 1993. On motion, duly seconded and adopted, action on the matter was tabled pending a report from the City Manager with regard to a comprehensive plan to address middle and upper level income housing in the City of Roanoke. Habitat for Humanity in the Roanoke Valley was requested to provide Council with information with regard to the number and location of houses constructed by said organization in the City of Roanoke, the County of Roanoke, the Town of Vinton and the City of Salem. Sincerely, ?~I~-~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. W. Robert Herbert, City Manager William S. Hubard, President Habitat for Humanity in the Roanoke Valley October 15, 1993 Page 2 pc: Kit B. Kiser, Director, Utilities and Operations Roanoke, Virginia October 11, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Spottswood Park Official Tax No. 1221009 I. Backqround: The attached report was considered by the Water Resources Committee (WRC) at its regular meeting on April 26, 1993. II. Current Situation: Mr. William Hubard representing Habitat for Humanity in the Roanoke Valley (Habitat) proposed to the WRC that the property be deeded to Habitat for the proposed residential use. City staff, due to Habitat's religious affiliations and restrictions in the original deed transferring the tract from the Fishburn Family to the City that restrict it to recreational uses, recommended against a direct transfer of title from the City to Habitat. Mr. Hubard, at the suggestion of the WRC agreed to contact the Fishburn Heirs about ways to accomplish the title transfer. At its reqular meeting on September 27, 1993, the WRC received a report from Mr. Hubard regarding his contacts with the Fishburn Heirs. Page 2 III. Recommendation: The Water Resources Committee recommends to City Council that it authorize the transfer of title to the Spottswood Park Property, Official Tax No. 1221009, back to the J. B. Fishburn Heirs for their donation of the tract to Habitat for the construction of several low-income homes. Respectfully submitted, Water Resources Committee ETB:RVH:afm Attachments cc: City Manager City Attorney Acting Director of Finance Director of Utilities & Operations Manager, Parks, Recreation & Grounds Maintenance I z~. o~o& ~ CITY OF ROANOKE Interdepartmental Communication DATE: TO: FROM: SUBJECT: April 26, 1993 M~ber~, Water Resources Committee ~:~K'i~~ thru Mr. Herbert~ Briefing Memo - Spottswood Park Backqround: Spottswood Park, which is located across Cleveland Avenue, S.W., south of Mountain View Recreation Center, was, as was "Mountain View", donated to the City by the Fishburn family many years ago. Similar deed restrictions apply to both donated properties, primarily that they be retained by the City for public use. Spottswood Park is currently just mowed and maintained as open space. Lots cannot be conveyed, should the Committee and Council be so inclined, without written agreement of all Fishburn heirs and a legal proceeding to clear title. Current policy~ once City-owned land has been declared surplus, is to solicit bids and sell property to the bidder making the bid in the best interest of the City, having taken into considera- tion the proposed purchase price and the proposed use of the property. II. Current Situation: Habitat For Humanity in the Roanoke Valley, through Mr. William Hubard, has verbally expressed a desire to acquire Spottswood Park and develop it for residential use for low income persons. Mr. Hubard proposed that he would contact the Fishburn family to arrange to get any restrictions removed from the property. Parks~ Recreation and Grounds Department does not favor releasing the property for other than park use. Members, Water Resources Committee Page 2 April 26, 1993 Mr. Hubard intends to attend a Water Resources Committee meeting to present his case for acquisition of Spottswood Park. City staff cannot at this time, recommend that the park area be removed from the City park system. KBK/RVH/kp Attachment cc: City Attorney Director of Finance Director of Public Works Manager, Parks and Recreation William Hubard, Habitat For Humanity MARY F. PARKER City Clerk, CMC/AAE 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 October 15, 1993 File #60-467 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Gvisso: I am at taching copy of Ordinance No. 31718-101193 amending and reordaining certain sections of the 1993-94 School Fund Appropriations, appropriating $10,000.00 in connection with the Vocationai Education Teen Mothers Program, to provide child care for students enrolled in the Teen Parents Employability Development Class. Ordinance No. 31718-101193 was adopted by the Council of the City of Roanoke on first reading on Monday, October 4, 1993, also adopted by the Council on second reading on Monday, October 11, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc.* Charles W. Day, Chairperson, Roanoke City School Board, 1830 Grayson Avenue, N. W., Roanoke, Virginia 24016 E. Wayne Harris, Superintendent of Roanoke City Public Schools Richard L. Kelley, Executive for Business Affairs, Roanoke City Public Schools June S. Nolley, Clerk of the Roanoke City School Board W. Robert Herbert, City Manager Barry L. Key, Manager, Office of Management and Budget 1993-94 Roanoke Appropriations, be, to read as follows, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of October, 1993. No. 31718-101193. AN ORDINANCE to amend and reordain certain sections of the School Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of that certain sections of the 1993-94 School Fund and the same are hereby, amended and reordained in part: Appropriations Education Vocational Education Teen Mothers $94,189,641 1993-94 (1) .... 10,000 R~ve~us Education Vocational Education Teen Mothers 1993-94 $92,593,538 (2) .... 10,000 1) Contracted Child Care (030-060-6443-6138-0381) $ 10,000 2) Federal Grant Receipts (030-060-6443-1102) 10,000 ATTEST: City Clerk. DE;I~AI~TMI~NT OF" FINANCE i E C ~ i~ ': F~ CITY OF~ "OANOK~. VA. October 4, 1993 '93 ii-P 30 P?.:? TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance School Board Request for the Appropriation of School Funds I have reviewed funding for the School Board. for one grant in the School Fund. federal funds. I recommend that you School Board. the attached request to appropriate This report will appropriate funding This grant is funded with 100% concur with the request of the JDG:das ~Dlrector of Finance ROANOKE cITY SCHOOL BOARH Roanoke, Virginia ~PPROPRIhTION REQUEST Vocational Education Teen Mothers 93-94 6443 030-060-6443-6138-0381 Appropriation Unit X49 Contracted Child Care $ lOeO00.O0 030-060-6443-1102 Federal Grant Receipts $ lOeO00.O0 The Vocational Education Teen Mothers program will provide child care for students enrolled in the Teen Parents Employabilit¥ Development Class. The program is one hundred percent reimbursed by federal funds. The program will end June 30, 1994. September 21, 1993 MARY F. p~RKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia ~011 Telephone: (703) 981-2541 SANDRA H. EAKIN I~put y City Clerk October 15, 1993 File #60-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31724-101193 approving issuance of Change Order No. 2 to the City's contract with Hammond-Mitchell, Inc., for construction of the Falling Creek Finished Water Reservoir, in the amount of $7,535.00, for a total contract amount, including Change Order No. 2, of $238,375.00. Ordinance No. 31724-101193 was adopted by the Council of the City of Roanoke on first reading on Monday, October 4, 1993, also adopted by the Council on second reading on Monday, October 11, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Robert C. Littleton, Vice President, Hammond-Mitchell, Inc., P. O. Box 428, Covington, Virginia 24426 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Earl Sturgill, Project Manager Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations M. Craig Sluss, Manager, Water Department Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The llth day of October, 1993. No. 31724-101193. VIRGINIA, AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with Hammond-Mitchell, Inc., for the construction of the Falling Creek Finished Water Reservoir. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with Hammond-Mitchell, Inc., dated August 19, 1993, related to the construction of the Falling Creek Finished Water Reservoir. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT INCLUDING CONTINGENCY FEE $ 230,000.00 Contract Amount Including Previous Change Order $ 230,840.00 CHANGE ORDER NO. 2: Approximately 50 cubic yards of concrete fill $ 7,535.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 2 $ 238~375.00 ADDITIONAL TIME REQUIRED FOR CHANGE ORDER: None. ATTEST: City Clerk. Roanoke, Virginia 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: CHANGE ORDER NO. 2 FALLING CREEK FINISHED WATER RESERVOIR I. Background: Acceptance of a bid submitted by Hammond-Mitchell, Inc., for the construction of the subject reservoir was made by City Council on July 26, 1993. B. Work was started on the project as of August 23, 1993. II. Current Situation: Concrete fill is necessary to bring foundation elevation of the southwest corner of the proposed reservoir up to the proposed plan elevation. The quantity of concrete needed is estimated to be approximately 50 cubic yards to provide the size storage reservoir desired by the City. Hammond-Mitchell, Inc. has requested compensation of $150.70 per cubic yard of concrete, complete in place. The final cost to the City will be based upon actual quantities of concrete as measured in the field. Based upon estimated quantities, the contract value needs to be increased by $7,535.00. Current funds are encumbered in the amount of $230~000.00 for this contract. The original contract award provided for a $23,000.00 contingency fund for this project. Approximately $1~000.00 of this contingency is obligated for previously incurred advertising expenses. An additional $840.00 has been used to fund the cost of Change Order No. 1 which provided for replacement of an existing 10" watermain with a 12" watermain. Original Contract Amount Amount of Change Order No. 1 Amount of Change Order No. 2 $230,000.00 840.00 7,535.00 New Contract Amount $238,375.00 Honorable Mayor and Members of City Council CHANGE ORDER NO. 2 FALLING CREEK FINISHED WATER RESERVOIR October 4, 1993 Page 2 III. Issues in Order of Importance: A. Fundinq B. Cost C. Need D. Timinq IV. Alternatives: ADprove Change Order No. 2 to the contract with Hammond- Mitchell, Inc., in the amount of $7,735.00. 1. Fundinq is available in the project contingency fund. 2. Cost is reasonable and is based upon a unit price that compares favorably with market conditions. 3. Need for the payment of a contract obligation is met. 4. Timing to complete the project in a reasonable amount of time is satisfied. Do not aDDrove Change Order No. 2 to the contract with Hammond-Mitchell, Inc., in the amount of $7,535.00. 1. Funding will remain available in the project contingency fund. 2. Cost is not an issue. 3. Need for the payment of a contract obligation is not met. 4. Timinq to complete the project in a reasonable amount of time is not satisfied. Honorable Mayor and Members of City Council CHANGE ORDER NO. 2 FALLING CREEK FINISHED WATER RESERVOIR October 4, 1993 Page 3 Recommendation: A. City Council approve Alternative "A" thereby authorizing the execution of Change Order No. 2 in the amount of $7~535.00 to the contract with Hammond-Mitchell, Inc. Respectfully submitted, W. Robert Herbert City Manager WRH/PCS/kh cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Manager, Office of Management and Budget Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 426 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 15, 1993 File #60-207-405-468 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31725-101193 amending and reordaining certain sections of the 1993-94 Water Fund Appropriations, providing for the transfer of $88,975.00, in connection with additional engineering services for design and construction administration of the Roanoke Centre for Industry and Technology Water Storage Tank. Ordinance No. 31725-101193 was adopted by the Council of the City of Roanoke on first reading on Monday, October 4, 1993, also adopted by the Council on second reading on Monday, October 11, 1993, and wili take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Technician Phillip F. Sparks, Acting Chief, Economic Development Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of October, 1993. No. 31725-101193. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Water Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay RCIT Water Storage Tank (1) ....................... Water Plant Expansion Bonds 1992 (2) .............. $ 31,469,874 114,652 1,970,097 1) Appropriated from Bond Funds (002-056-8376-9001) $ 88,975 2) Appropriated from Bond Funds (002-056-8366-9189) (88,975) ATTEST: city Clerk. CiT'~:" Roanoke, Virginia October 4, 1993 '93 ~P 30 '~' '~ Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: WATER FACILITIES ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY I. Backqround: The City of Roanoke provides public water service to the Roanoke Centre for Industry and Technology (RCIT). Customers are connected to a water distribution system that is supported by an existing water tank located in Statesman Industrial Park. This tank is supplied by water from the Carvins Cove and Falling Creek water plants. Due to the location and elevation of this tank, under certain operating conditions water supply to fringe areas in RCIT is marginal. II. Current Situation: ae A preliminary enqineerinq study previously authorized by City Council on July 26, 1993, has been completed. This study recommends the City construct an elevated storage tank in the Roanoke Centre for Industry and Technology in order to improve fire flows and system pressures. The estimated cost of the proposed 500t000 qallon tank is $1.2 million, including construction and engineering costs. This estimated cost for a tank of this size is relatively high, due primarily to poor foundation conditions at the available site. Alternative sites were evaluated during the preliminary engineering phase but were found to be unsuitable. Be The services of Mattern & Craiq~ Inc. are being provided to the City of Roanoke under the terms of an Agreement for Professional Services dated December 13, 1991. This agreement provides for engineering design services for roadways and utilities located in the addition to the Roanoke Centre for Industry and Technology. This agreement covers services up to a maximum contract limit of $200~000.00. The current contract value is $184,497.00. Execution of this contract amendment will raise the maximum contract limit to $288t975.00. Honorable Mayor and Members of City Council WATER FACILITIES ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY October 4, 1993 Page 2 C. Enqineerinq Services to be Provided: Preliminary desiqn of the proposed 500,000 gallon elevated storage tank, associated water pipe lines, foundations, and operating controls. Final Desiqn to include final design plans, specifications, and bid documents. Provide construction administration during construc- tion of the proposed tank, including shop drawing review, pay request review, and oversight of the construction activities. Mattern & Craiq~ Inc. has agreed to perform the work listed above for a fee in the amount of $88~975.00. III. Issues in Order of Importance: Engineerinq concerns in establishing a reliable but cost- effective method of improving water service to the Roanoke Centre for Industry and Technology. B. Schedules to provide timely design, bidding, and construction of the proposed tank. Fundinq for the proposed contract amendment is available from the Water Plant Expansion Bonds 1992, account number 002-056-8366-9189. IV. Alternatives: Approve an amendment to the existing engineering services agreement as defined above to Mattern & Craig, Inc. in the amount of $88~975.00. Engineering concerns in establishing a reliable but cost-effective method of improving water service to the Roanoke Centre for Industry and Technology will be addressed. 2. Schedules to provide timely design, bidding, and construction of the proposed tank are satisfied. Honorable Mayor and Members of City Council WATER FACILITIES ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY October 4, 1993 Page 3 3. Funding for the proposed contract amendment is available in Water Plant Expansion Bonds 1992. Do not approve an amendment to the existing engineering services agreement as defined above to Mattern & Craig, Inc. in the amount of $88~975.00. Enqineering concerns in establishing a reliable but cost-effective method of improving water service to the Roanoke Centre for Industry and Technology will not be addressed. 2. Schedules to provide timely design, bidding, and construction of the proposed tank will not be met. 3. Fundinq remains in existing sources. V. Recommendation is that the City Council: A. Approve an amendment to an existing professional services agreement with Mattern & Craig, Inc. in the amount of $88~975.00. B. Transfer $88~975.00 from the Water Plant Expansion Bonds 1992 account number 002-052-8366-9189 to RCIT Water Storage Tank account number 002-056-8376-9001 to fund the cost of this contract amendment. Respectfully submitted, W. Robert Herbert City Manager WRH/PCS/kh cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~1011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 15, 1993 File #2-28-166 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31728-101193 accepting an offer of John and Betsy Williams, Frank Roupas and Stavroula Tampasis to purchase a small portion of real property, identified as Official Tax No. 4010209, owned by the City, lying behind Tony's Place and Billy's Ritz, S. E.; and authorizing the granting of a revocable vehicular access easement over surrounding City-owned property for the consideration of $6,000.00. Ordinance No. 31728-101193 was adopted by the Council of the City of Roanoke on first reading on Monday, October 4, 1993, also adopted by the Council on second reading on Monday, October 11, 1993, and will take effect ten days following the date of its second reading. Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pC: Jonathan Rogers, Attorney, P. O. Box 2886, Roanoke, Virginia 24001-2886 Jonathan M. Apgar, Attorney, 313 Campbell Avenue, S. W., Roanoke, Virginia 24016 Frank G. Roupas, 1841 Warrington Road, S. W., Roanoke, Virginia 24015 Stavroula Tampasis, 1841 Warring-ton Road, S. W., Roanoke, Virginia 24015 John T. and Betsy A. Williams, 2316 Richelieu Avenue, S. W., Roanoke, Virginia 24014 Wilburn C. Dibling, Jr., City Attorney · W. Robert Herbert October 15, 1993 Page 2 pc: James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent Sarah E. Fitton, Construction Cost Technician IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of October, 1993. No. 31728-101193. AN ORDINANCE accepting an offer to purchase a portion of real property owned by the City and located behind Tony's Place and Billy's Ritz, authorizing conveyance by quitclaim deeds, and authorizing the granting of a revocable vehicular access easement over surrounding City-owned property. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer, as more particularly set forth in the report to this Council dated October 4, 1993, of John and Betsy Williams, Frank Roupas and Stavroula Tampasis to purchase a small portion of real property identified by Official Tax Map No. 4010209, owned by the City, and lying in this City behind Tony's Place and Billy's Ritz, S.E., and a revocable vehicular access easement over surrounding City-owned property for the consideration of $6,000.00 is ACCEPTED. All costs incident to the transfer of title to this land shall be paid by the purchasers on a proportional basis between them. 2. The City Manager and City Clerk are authorized, for and on behalf of the City, to execute, seal and attest, respectively, the requisite deeds, in form approved by the City Attorney, releasing the City's interest in said real estate, and granting the revocable vehicular access easement. Said deeds to be tendered to the purchasers upon their payment to the City of the $6,000.00 purchase price. ATTEST: City Clerk. Roanoke, Virginia October 4, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: ACQUISITION OF CITY-OWNED PROPERTY 110 SALEM AVENUE, $.E. I. Backqround: Joint request to purchase City property by owners of two (2) restaurants, "Tony's Place" and "Billy's Ritz", was considered by the Water Resources Committee (WRC) at its meeting on August 23, 1993 (see attached report). II. Current Situation: A. Subsequent to the Water Resource Committee meeting, the owners of the two (2) restaurants requested a change in their proposal. Rather than the purchase of two (2) parking spaces each, they propose to acquire two and one-half (2~) spaces by "Tony's Place" and one and one- half (1½) spaces by "Billy's Ritz", with actual costs associated with the acquisition to be shared on a proportional basis between them. All other related agreements to remain as in the original proposal (see attached letter). B. The Water Resource Committee reconsidered the revised request at its meeting on September 27, 1993. III. Recommendation: Committee recommends that Council authorize the sale, by quitclaim deeds, of a small portion of Official Tax No. 4010209 and the granting of revocable vehicular access easements over surrounding City-owned property to that property in accordance with the conditions stated in the attached report. Honorable Mayor and Members of City Council ACQUISITION OF CITY-OWNED PROPERTY 110 SALEM AVENUE, S.E. Page 2 October 4, 1993 Respectfully submitted, beth T. Bowles, Chairperson Water Resources Committee RVH/ETB/kh Attachments cc: City Attorney City Manager Director of Finance Director of Utilities and Operations City Engineer Construction Cost Technician Jonathan M. Apgar, Esq. Jonathan Rogers, Esq. Manager, Allright Roanoke Parking Accountant, Contracts and Fixed Assets )ONATHAN RO~,ERS P.C. AI'rORNEY AT LAW 131 KIRK AVE W. P.O. BOX 2886 ROANOKE, VA. 24001-2886 (703)985-8686 September 24, 1993 Kit B. Kiser, Director Utilities and Operations City of Roanoke 215 Church Ave., SW, Room 350 Roanoke, Virginia 24011-1587 Re: 110 Salem Ave., SE Frank G. Roupas Dear Kit: This is to advise you that my clients, John and Betsy Williams, have reached an agreement with Frank Roupasand his Aunt, Stavroula Tampasis, concerning the four parking places behind 110 Salem Avenue and Billy's Ritz. The essence of the agreement is that Mr. Roupas and his Aunt, Ms. Tampasis, will acquire 2} parking places and John and Betsy William= will acquire 1} parking places. All costs as well as the purchase price will be prorated in direct proportion to the size of their respective acquisitions. I assume it will be unnecessary for either Mr. Roupas or myself to appear before the Water Resources Committee on Monday, September 27, 1993. Sincerely, JONATHAN ROGERS, P. C. Counsel for John & Betsy Willi~~ Jonatha~ogers ~ ~ MEMBER OFTHE VIRGIN ISLANDS BAR CHARLES D. FOX I1! OF COUNSEL INTERDEPARTMENTAL COMMUNICATION DATE: August 23, 1993 mter Resources Committee TO: ~embers, W. Robert Herbert, City Manager~_c~ SUBJECT: ACQUISITION OF CITY-OWNED PROPERTY thru I. Background: City acquired property under Hunter Viaduct in the 1950's. After construction the surface has been used for parking. City acquired, Official Tax No. 4010209, the "Silek" property (see attached map), to add to parking area on March 3, 1986. Restaurant adjacent to City propertyt "Tony's Place", Tax No. 4010210, located on a lot that is twenty (20) feet wide and 53.75 feet deep and completely covering that lot, has no off-street parking for employees. Restaurant adjacent to "Tony's Place"t "Billy's Ritz" has delivery access to its kitchen only from City-owned property directly behind "Tony's Place". II. Current Situation: Acquisition of a parcel of City-owned property, twenty (20) feet wide and approximately 36.77 feet long, containing four (4) parking spaces, located on a portion of the former "Silek" property immediately behind "Tony's Place" has been proposed by the owners of "Tony's Place" and "Billy's Ritz". The two (2) parking spaces nearest to the rear of "Tony's Place" to be acquired for parking by that restaurant's owners, the remaining two (2) to be acquired by "Billy Ritz" to provide access to their kitchen and for parking. Sale of the area of these four (4) parking spaces will also require that a revocable access easement be granted to the two (2) property owners permitting them to cross the City-owned (and leased) parking lot to gain access to the spaces. Members, Water Resources Committee RE: 'ACQUISITION OF CITY-OWNED PROPERTY August 23, 1993 Page 2 III. Issues: A. Need B. Timinq C. Income to City IV. Alternatives: Committee recommend to City Council that it authorize the appropriate City officials to execute documentation transferring title, by quitclaim deeds, to an approximately 20.00' x 36.77' portion of City-owned Official Tax No. 4010209, located directly behind Tony's Place Restaurant, the southerly one-half (two parking spaces) to be added to the adjacent property of the owner of Tony's Place, Stavroula A. Tampasis, Tax Map. No. 4010210, and the northerly one-half (two parking spaces) be added to the adjoining property of the owners of Billy's Ritz Restaurant, John T. & Betsy A. Williams, Tax Map No. 4010206, for a total consideration of $6,000.00 ($3,000.00 from Tampasls and $3,000.00 from Williams), petitioners to have a subdivision plat prepared and approved by the appropriate City officials and prepare all legal documentation necessary to transfer title, by quitclaim deeds, to the 20.00' x 36.77' parcel and to establish revocable vehicular access easements through the surrounding City-owned property to the site, to include provisions indemnifying and holding harmless the City against claims relating to the use of said easement, in a form approved by the City Attorney. All expenses related to conveyance are to be borne by grantees. 1. Need by petitioners for private parking spaces met. Timinq to allow permit property transfer as soon as possible is met. 3. Income to City is $6t000.00. Members, Water Resources Committee RE: ACQUISITION OF CITY-OWNED PROPERTY August 23, 1993 Page 3 Committee not recommend to City Council that it authorize the appropriate City officials to execute documentation transferring title to approximately a 20.00' x 36.77' portion of Official Tax No. 4010209 to Stavroula A. Tampasis, John T. Williams and Betsy A. Williams. Need by petitioners for private parking spaces not met. 2. Timinq to permit property transfer as soon as possible not met. 3. Income to City is zero. Recommendation: Committee recommend to City Council that it authorize the sale, by quitclaim deeds, of a small portion of Official Tax No. 4010209 and the granting of revocable vehicular access easements over surrounding City-owned property to that property in accordance with Alternative "A". KBK/RVH/fm Attachment cc: City Attorney Director of Finance Jonathan M. Apgar, Esq. Jonathan Rogers, Esq. Manager, Allright Parking JONATHAN RO4~ERS P.C. AI'rORNEY AT LAW 131 KIRK AVE W. P.O. BOX 2886 ROANOKE, VA. 24001-2886 (703)98S-8686 July 28, Kit B. Kiser, Director Utilities and Operations City of Roanoke 215 Church Ave., SW, Room 350 Roanoke, Virginia 24011-1587 1993 Re: 110 Sale~ Ave., SE Frank G. Roupas Dear Kit: Since~y last letter to you clated July 7, 1993, concerning the above referenced ~atter, Mr. Roupas and my clients, John and Betsy Williams, have reached an agreement regarding the four parking places adjacent to their respective properties. Mr. and Mrs. Williams shall pur~h-ee two of the parking places, No. 3 and 4, and Mr. Roupas 8hall purchase the remaining two, No. ! a~d 2, eac. h two spaces shall be equivalent in size to the other two. The parties shall each pay the Clay $3,000.00 for their respective parcels a~d cosq)Xy with the other requests in your letter. By copFofl:his letter, I I notifying Jo~Apgar, Mr. Roupas's attorriey, of t. h~ c~fir~ation of the 9~ties' aground invite JR:mlh cc: Mr. & Mrs. Williams Jonathan Apgar, Esq. Yours very truly, JON~ROGERS, P.C. JonaT l~ers July 7, 1993 JONATHAN ROCERS P.C. A'I'rORWEY AT LAW 131 KIRK AVE W. P.O. BOX 2886 ROANOKE, VA. ),4OO1-2886 (703)985-8686 Kit B. Kaset, Director Utilities and Operations City of Roanoke 215 Church Ave., aW, Room 350 Roanoke, Virginia 24011-1587 Re: liO Salem Ave., SE Frank G. Roupas Dear Kit: I represent John and Betsy Williams. They have brought me your letter of June 25, 1993 to FreAk G. Roupal concerning his request to purchase four parking places from tho City of Roanoke. These parking places, aoyou nots any our letter, are directly adjacent to th~ Williams' property and at a location that is necessary for access to and from their kitchen area. Mr. Roupa8 has approached the Millieme and requested their consent to said acquisition. While eyu~athetic wi~h his request, they simply cannot agree to allow him to block their access to their property. It uould make a lot moro sense for Mr. Roupas to purchase the two perking places (1 & 2) alongside hie aunt's building mid the Williams to purchase tho 4 parking places behind their building. A~co~dln~ly~ ~he Williams would have no objection to Mr. RoupeO p~rcl~otng ~ho two parking places alongside hie aunt's building. ThaT, ?.hemoelvss, would be interested in purchasing the four p~rklng places adjacent to their building on the terms suggested in IM~Lr June 2Sth letter and ask that you consider selling tho~a places ~o them as there would be no issue concerning access concerning Mr. Roupae' aunt's building, and respond to ne accordingly. By copy of this latter, I am informing Mr. Roupas of the Williomm' pomitiou and ask that he contact me to dieouee further, should ho es desire. Kit B. ~iser July 7, 1993 Expecting to hear from you. JR:mlh cc: Mr. & Mrs. Williams Frank G. Roupae Yours very truly, JONATHAN ROGERS, P.C. Jon~Rogers Office of the City Engineer June 25, 1993 Mr. Frank G. Roupas 1841 Warrington Road, S.W. Roanoke, Virginia 24015 110 SALEM AVENUE, S.E. Dear Mr. Roupas= Wa have received your request to purchase a small parcel of City-owned property, a por~lon of official Tax No. 4010209, behind the referenced address. The parcel leisures approximately 20' X 36.77' currently occupied by four parking Ipacel (actual size to be established by a survey). Wa note ~hat the adjacent propertlel, Identified by Official Tax Nos. 4010206 a.~l 4010207, are ovned by John T. and Betsy A. Williams (Billy's Ritz Restaurant). Zt appoaz's that the only access to the kitchen a~ea of ~ll adJacen~ Nliniil Ii ~rom ~he ~cking ur~ ~hl~ur pro~y, ~ero~ure, w ns~ involve them have revlKyourproDoial to ac~tre the four (4) perking spaces behind your proper~y iron the City and that you end the #llllama' have established a £OEmal, legal agL-Nment between you regarding thole continuing access to CAOIE proper~y, we would like to have the oppoz~uniCy Co review ChaC In oddlY&on, santo t~to fault (4) perking spaces you wish to acquAro a~o to bo ~solaced by being conpleCely surrounded by bu~lding~aadCtCJ-o~nedproper~y, we nueC include in our transfer et pro~e revocable eenonenC allowing you to cross the City- owned i~ ao~ leased Co ochers uncll such tim as the City propeL~y ia used for sM purpose ocher than the currant use, at such Ciao access ~ould have to be renegociaced. A£CeE you have obCained ~he teasel egreeuenC with the City ~enager and ClCy Council, through Council's Real Estate CoumitCou, in suppor~ of the sale aZ ChaC pe~cel to you with ca~aln terns and condlClons placed upon thaC sale= ~ 3S0. MunlcioM lulldk~ 21S Church &venue. S.W I~oe~oke Vlrgmil 24011 1 ~l? ~?031961 2731 Frank G. Roupae Page~2 June 25, 199~' Am You will have a subdivls~on plat o£ this portion of Lot 43, Roanoke Land and Improvement Co. praparedv reviewed and approved by the appropriate City officials. You provide all legal docmamntation necessary to transfer title to the parcel from the City to you You con£o~m to all other applicable City codas and ordinances in the futura usa(s) of the parcel. Yo~ pay the City a consideration of $6,000.00 for tho parcel. If thil propolel, with conditions, please conflm your agreement, ~n writing, convenience. is acceptable to you, on tho fourth Monday of avery month, your proposal could be considered in July at theee rlleet. Subsequent to that, tho matter will b~ read before City Council on two successive nemtlng dates and bee£fective ten (10) dalm after the second reading. ?his will probably cause this matter to conclude in late August or early September If everything goes well. Thank you £oryour cooperation, lf wecanprovide additional information, please let mo know. S ncurely, m/kp CCI JoAn T. ,a~.d Betsy A. Williams STREE~ '184t Wamngton Road RC~N~OKE, YA 24015 344-2'H4 Iq./T SOIdl FUN IN 't~l~Jl~ MF~ -- TRY G LEARN TO DANCE IN ~OUR HOME MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAK1N Deputy City Clerk October 15, 1993 File #15-110-207 Russell O. Hannabass 2344 Howard Road, S. W. Roanoke, Virginia 24015 Stanley R. Hale 3442 Kershaw Road, N. W. Roanoke, Virginia 24017 Gentlemen: I am enclosing copy of Resolution No. 31741-101193 reappointing you as Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years, each, commencing October 21, 1993, and expiring October 20, 1997. Resolution No. 31741-101193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 11, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: W. Bolling Izard, Chairperson, Industrial Development Authority of the City of Roanoke, P. O. Box 18165, Roanoke, Virginia 24014 Sandra H. Eakin, Deputy City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, The llth day of October, 1993. No. 31741-101193. VIRGINIA, A RESOLUTION reappointing two Directors Development Authority of the City of Roanoke, year term on its Board of Directors. of the Industrial to fill a four (4) WHEREAS, this Council is advised that the terms of office of two Directors of the Industrial Development Authority of the City of Roanoke, Virginia, will expire on October 20, 1993; WHEREAS, ~15.1-1377 of the Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for a term of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Russell O. Hannabass and Stanley R. Hale are hereby reappointed as Directors on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four (4) years commencing on October 21, 1993, and expiring on October 20, 1997, to fill vacancies created by the expiration of the term of office of said members on the Board occurring on October 20, 1993. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, The llth day of October, 1993. No. 31742-101193. VIRGINIA, A RESOLUTION recognizing and commending the Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor of the City of Roanoke. the Commonwealth voters; and WHEREAS, in WHEREAS, the Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor of the City of Roanoke, has announced his resignation from City Council effective October 15, 1993; WHEREAS, Vice-Mayor Fitzpatrick began his service on City Council on July 1, 1988, and was twice elected Vice-Mayor by virtue of having received the largest number of votes in the regular Councilmanic elections held in 1988 and 1992; WHEREAS, Vice-Mayor Fitzpatrick has given unselfishly of his time and abilities, serving as Chairman of the Economic Development Commission appointed by City Council, Chairman of the Personnel Committee, Co-Chairman of the Legislative Committee, and member of the Audit Committee and Water Resources Committee; WHEREAS, in 1989-1990, Vice-Mayor Fitzpatrick served as a key member of the City's Consolidation Negotiating Team that developed a Consolidation Agreement incorporating an innovative new regional form of government which would have been the first of its kind in and which was overwhelmingly approved by City his public service, Vice-Mayor Fitzpatrick demonstrated a keen interest in economic development and strategic planning and always displayed personal characteristics of honesty, integrity, diplomacy, courteousness and friendliness; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council adopts this means of recognizing and commending the very meritorious services rendered to the City of Roanoke and its people by the Honorable Beverly T. Fitzpatrick, Jr. ATTEST: City Clerk. ( OF ROANOKE INTERDE~-ARTMENTAL COMMUNICATION DATE: TO: FROM: September 29, 1993 Wilburn C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk Inasmuch as Monday, October 11, 1993, will be the last official Council meeting for Vice-Mayor Fitzpatrick, please prepare the proper measure in recognition of his service to the City of Roanoke from July 1, 1988 - October 15, 1993. I am attaching information with regard to his terms of office, as well as his committee assignments. Thank you for your assistance. If you need additional information, please do not hesitate to call me. MFP: sm Ene. David A. Bowers Mayor Beverly T. Fitzpatrick, Jr. Vice-Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 October 11, 1993 Council Members: Elizabeth T. Bowles James G. Harvey, II Delvis O. "Mac" McCadden Howard E. Musser William White, Sr. The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: As you know, I have accepted a new job of Director, The New Century Council. That organization with input from citizens, business and government is undertaking an effort to assemble a vision and strategic plan for the New River and Roanoke Valleys. With the responsibilities of my new job, it is not possible for me to represent only one jurisdiction within that geographic area. Therefore, this letter is to notify you officially that I will resign from Roanoke City Council, effective at day's end on October 15, 1993. I must also officially resign from Greater Roanoke Transit Company Board of Directors, Economic Development Commission, Roanoke City Council Personnel Committee, Water Resources Committee, Budget and Planning Committee, Housing Strategy Task Force, Fifth Planning District Commission, Audit Committee and Legislative Affairs Committee. I want to take this opportunity to thank each of you for your friendship, patience and understanding during my service on Council. It has been a tremendous honor to serve with you. I will never forget the tremendous responsibility that being Vice- Mayor and a Member of Council requires and wish each of you Godspeed as you continue to set policy for the City of Roanoke. We live in a truly wonderful City and region, and we need to always take note of how lucky we are to have such a place. The world is changing very quickly and we must step up our pace if we are to change with it so that the Valley and the region can move ahead. The Honorable Mayor and Members of the Roanoke City Council October 11, 1993 Page 2 I look forward to working with you as The New Century Council works to create a new roadmap to progress in Western Virginia. Roanoke must continue to recognize its key role in the development of investment and jobs throughout the region and that will give us a chance to continue to work together. Thanks again for ali your assistance, understanding and friendship these last five years. I will miss you very much. Sinc~ Beverly T. Fitzpatrick, Jr. Vice-Mayor BTFjr:sm MARY F. PARKER City Clerk, CMC/AAE 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 October 15, 1993 File #66-20 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, October 11, 1993, Council Member McCadden called attention to the concern of residents of the 10th Street and Hunt Avenue, N. W., areas with regard to a hazardous traffic situation southbound from Williamson Road to Hunt Avenue, and advised that residents have requested installation of a traffic light. On motion, duly seconded and adopted, the matter was referred to you for study, report and recommendation to Council within 30 days. Sincerely Mary F. Parker, CMC/AAE City Clerk MFP: sm po: William F. Clark, Director, Public Works William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer Dolores C. Daniels, Assistant to the City Manager for Community Relations