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Council Actions 04-09-90
Bowles (30001) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL April 9, 1990 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. All Present. The invocation will be delivered by The Reverend John S. Morris, Pastor, First Mount Airy Baptist Church. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. PUBLIC HEARINGS Public hearing on the request of Vision Communications, Inc., that a tract of land lying at the southerly ter- minus of Bean Street, N. W., approximately 325 feet south of Hershberger Road, identified as Official Tax No. 2280601, be rezoned from C-1, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Mr. Carr L. Kinder, Jr., Attorney. Adopted Ordinance No. 30001 on first reading. (7-0) Public hearing to receive the views of citizens with regard to candidates for the position of School Board Trustee. Candidates for the positions are: I. Sallye T. Coleman 2. Charles W. Day 3. Emanuel C. Edwards 4. John T. Geary 5. David K. Lisk 6. Delvis 0. McCadden 7. Lewis W. Peery 8. Finn D. Pincus 9. Denise A. Reedy No Action. (1) 2. CONSENT AGENDA (Approved 7-0) C-1 C-2 C-3 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. A communication from Ms. Barbara N. Duerk, Chairman, Roanoke Neighborhood Partnership Steering Committee, transmitting the 1989 Annual Report of the Roanoke Neighborhood Partnership. RECOMMENDED ACTION: Receive and file. A communication from Council Member Howard E. Musser with regard to providing a parking allowance or free parking for those City employees who work in the downtown area. RECOMMENDED ACTION: Refer to 1990-91 Budget Study. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: A communication from the Honorable Donald S. Caldwell, Commonwealth Attorney, recommending appropriation of funds approved by the State Compensation Board, in the amount of $12,618.00, in connection with upgrading of word processing capability and equipment in order to establish a records management system. Adopted Ordinance No. 30002-4990. (7-0) A report of the City Manager concurring in the above request. Received and filed. (2) 5. Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: A report recommending appropriation of the remaining $50,000.00 of the $200,000.00 previously designated from the 1989-90 Capital Maintenance and Equipment Replacement Program for the Roanoke River Flood Reduction Project, in order to continue land appraisal and right-of-way acquisition for said project. Adopted Ordinance No. 30003-4990. (7-0) o A report recommending authorization to submit an appli- cation to the Virginia Department of Housing and Community Development requesting a maximum grant award for the Emergency Home Repair Program. Adopted Resolution No. 30004-4990. (7-0) A report recommending acceptance of additional funds, in the amount of $23,334.39, from the U. S. Department of Justice, Forfeited Property Sharing Program, and authorizing the Director of Finance to establish appropriate accounts so that funds may be expended in accordance with program requirements. Adopted Ordinance No. 30005-4990. (7-0) 6. Reports of Committees: A report of the committee appointed to tabulate bids received for construction of new concrete sidewalks, entrances, curb and gutter on various streets in downtown Roanoke (Bond Issue Phase V), as well as 14th Street, S. E., recommending award of a contract to H & S Construction Company, in the amount of $256,287.50; and transfer of funds therefor. Council Member Robert A. Garland, Chairman. Adopted Ordinance No. 30006-4990 and Resolution No. 30007-4990. (7-0) A report of the Regional Cable Television Committee recom- mending adoption of a Resolution urging that Congress enact legislation to restore to municipalities significant control over the regulation of rates and operation of local cable television systems. Council Member Howard E. Musser, Chairman. Adopted Resolution No. 30008-4990. (7-0) (3) 10. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 29998, on second reading, authorizing an amendment to the lease between the City and Budget Rent-a-Car of Roanoke, Inc., for a one acre parcel of land on the south side of Municipal Road, N. W., upon certain terms and conditions. Adopted Ordinance No. 29998-4990. (7-0) 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: Certification of Executive Session. (7-0) (4) n. ocratic nomination for president -- ir- but then denying that Goldman is doing any such thing. st Wilder's performance Thursday ly is likely to generate a new spate of y, stories in the national media. On issue after issue, he challenged his party's liberal orthodoxy. in Asked what the U.S. should do a- with the anticipated "peace divi- dend'' derived from a likely reduc- ed tion in defense needs, Wilder quick- ly suggested it be used to reduce the federal deficit -- generally the Re- publicans' answer. ie Plus, Wilder asked, "Why can't we reduce spending? I happen to d believe ~.ou'll never reduce [the deft- te cit] until you reduce spending." d And he turned a question on his anti-drug policy i~to a long answer I, about how kids needed to be taught "morality." e Afterward, the journalists i- swarmed around Wilder, pumping him for details on his dinner Men- day night in California with former a President Ronald Reagan. The talk turned to Nicaragua and Mikhall a Gorbachev. "He's the best politician [the Democrats] have got right now," one of the correspondents said of s Wilder. "All these guys are edging close to doing pieces on what he's doing." NOTICE OF PgBLIC REARING ARB 6F PIIBLIC INTERVIEW FOR SCHOOL BOARg TRgSTEE BEFORE THE COgNCIL OF THE CITY OF ROANOKE, VIRGINIA The Council of the City of Roanoke will ho d a public hearing t_o rec.e~e th.e view.s, of citiz, ens regarding .a[:)po ntment of School uoaro/rustees at its regumr meeting on Monday April 9,1990, at 7:30 p.m. in the Roanoke Ci_ty Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S.W. Current candidates for the School Board Trustees positions are Sallye T. Coleman, Charles W. Day, Emanuel C. Edwards, John T. Geary, David K. Lisk, Delvis O. McCadden, Lewis W Peary, Finn D. P[.n.cu.s and Denise A. R_ee_dy. Counc may reduce the field of canoiaates pursuant to ~9-20, Code of the City of Roanoke (1.979), as amended prior to the public hearing or public Inter- view. The Council will also hold a pub c nterview of candidates for the position of School Board Trustee on Thursday, April 12, 1990, at 7:00 p.m., in the Roanoke City Council Chamber, fourth floor of the Municipal Building. The public is invited to submit proposed questions to t_h,e candidates by filing such written guesfions inthe City C ark s Office, Room 456 ~vlunicipal Building by 5:00 p.m., Thursday, April 5, 1990. All questions will be asked by Members of City Council and Council may ask such pro[:~oeed questions filed with the City Clerk as the Council, in ~ts discretion, deems advisable. The Council will elect School Board Trustees for terms commencing July 1, 1990, at its regular meeting on. Monday, May 14, 19g0, at 7:30 p.m., in the Roanoke City Council Cham- ber, fourth floor of the Municipal Building. Mary F. Parl[er City Clerk Season Patio Sale ,0% Savings OnMcadowcraft · 5 Piece Group Regular price: $765 Office of the Mc~or April 9, 1990 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and corr~nittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Sincerely, Noel C. Taylo~~ Mayor NCT: se Room 452 Municipal Building 215 Church Avenue. S.W. Roanoke, ",4rginia 24011 ~703) 981-2444 Office of the City Clerk April 11, 1990 File #109-488 Ms. Barbara N. Duerk, Chairman Roanoke Neighborhood Partnership Steering Committee 2607 Rosalind Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. Duerk: Your communication transmitting the 1989 Annual Report of the Roanoke Neighborhood Partnership was before the Council of the City of Roanoke at a regular meeting held on Monday, April 9, 1990. On motion, duly seconded and unanimously adopted, the Annual Report was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Ms. Stephanie Coordinator A. Fowler, Roanoke Neighborhood Partnership Room456 MunicipalB~Jilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981~2541 Room 355, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 345-8250 April 4, 1990 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of City Council: Subject: 1989 Annual Report - Roanoke Neighborhood Partnership In December 1989, Mr. William Rand, 1989 Partnership Chairman, gave an oral annual report to City Council. During his report, Mr. Rand referred to a written report to follow his oral presentation. We are pleased to enclose the written report to which Mr. Rand referred. Please contact me at 343-1616 or Stephanie Fowler at 345-8250 if you have any questions or comments. We look forward to assisting City Council whenever called upon. Thank you for your continued support. Sincerely, Chairman - 1990 cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk Office of the City Clerk April 11, 1990 File #60-184-20 ~r. W. Robert Herbert City Manager Roanoke, Virginia Mr. Earl B. Reynolds, Jr. Assistant City Manager Roanoke, Virginia Gentlemen: I am attaching copy of a communication from Council Member Howard E. Musser with regard to providing a parking allowance, or free parking, for those City employees who work in the downtown area, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, April 9, 1990. On motion, duly seconded and unanimously adopted, the com- munication was referred to 1990-91 budget study for consideration. Sincerely, ~/~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Mr. Joel M. Schlanger, Director of Finance Barry L. Key, Manager, Office of Management and Budget Room45& MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 2a.011 (703)981-25Zll April 9, 1990 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Approximately 906 City employees who work downtown have to pay ~or parking, while the remaining 1,800 employees do not. This is stly to the individuals making the same salary as those other ~loyees that work outside the municipal building. Therefore, I el it is a penalty on those people who have positions in the wntown area. suggest that the City employees who are currently working in the downtown area be given a $15 per month parking allowance, or have free parking provided for them, if possible. I would respectfully request that this ~atter be placed on the Consent Agenda for our April 9, 1990 meeting, and thereafter be referred to 1990-91 Budget Study. HEM:ra pc: ince rely~ Council Member Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. $chlanger, Director of Finance Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 21 § Church Avenue S W Roanoke, Virginia 24011 (703) 98 t-2541 Office of the City Clerk April 11, 1990 File #60-472-133 Mr. Joel M. $chlanger Director of Finance ROanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30002-40990 amending and reordaining certain sections of the 1989-90 General Fund ApPropriations, providing for appropriation of funds approved by the State Compensation Board, in the amount of $12,618.00, in COnnection with Upgrading of word processing capability and equipment for the purpose of establishing a records management system for the Office of Commonwealth Attorney. Ordinance No. 30002-40990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 9, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: The Honorable Donald S. Caldwell, Commonwealth,s Attorney Mr. W. RObert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration Public Safety Ms. Arcelia B. Haston, Junior Accountant, Office Management and Budget and of Room 456 MunicipalSuilding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF T~E CITY OF ROANOKE, VIRGINIA The 9th day of April, 1990. No. 30002-4990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Judicial Administration Commonwealth.s Attorney (1) ....................... Revenues $ 3,100,628 611,735 Grp~ts in Aid Commonwealth snared Expenses (2) ............................... 1) Furniture and Equipment (001-026-2210-9005) $12,618 2) Commonwealth,s Attorney (001-020-1234-0610) 12,618 $51,719,707 1,991,219 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia April 9, 1990 The Honorable Mayor and Members of City Council Roanoke, VA Subject: Appropriation of Funds for Capital Outlay Dear Members of City Council: ae__ A roun : A. The Commonwealth Attorney's 1989-90 budget request submitted to the State Compensation Board included a request for funding in capital oUtlay to begin an upgrade of our word proc..sing capability and provide equipment capable of establishing a records management system. II. Current Situation: III. DSC:btw Be A. The Commonwealth Attorney,s 1989-90 budget as approved by the State Compensation Board included $12,618.00 in capital outlay. B. The Commonwealth Attorney's 1989-90 budget as approved by City Council did not provide funding for capital outlay. Recommendation. A. Appropriate the Compensation Board approved funds in the amount of $12,618.00 to account 001-026-2210-9005, Capital Outlay, in the Commonwealth Attorney's budget; Increase the revenue estimate for shared expenses - Commonwealth Attorney (001-020-1234-0610) in the amount of $12,618.00. submitted, Donald S. Caldwell Commonwealth Attorney cc: City Manager City Attorney Director of Finance Director of Administration & Public Safety Roanoke, Virginia April 9, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Appropriation of Funds for Capital Outlay I concur in the attached letter dated April 9, 1990, from Donald S. Caldwell, Commonwealth Attorney, with reference to the above subject. WRH:EBRJr:mp cc: City Attorney Director of Finance Respectfully submitted, W. Robert Herbert City Manager Office of the City Clerk April 11, 1990 File #60-270-237-2 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance Ho. 30003-40990 amending and reordaining certain sections of the 1989-90 General and Capital Projects Funds, providing for the appropriation of the remaining $50,000.00 of the $200,000.00 previously designated from the 1989-90 Capital Maintenance and Equipment Replacement Program for the Roanoke River Flood Reduction Project, in order to continue land appraisal and right-of-way acquisition for said project. Ordinance No. 30003-40990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 9, 1990. Sincerely, /'~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric. pc: Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Arcelia B. Hasten, Junior Accountant, Office .~anagement and Budget of Rooma,56 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 2~,011 (703)981-2541 IN THE COI]NCIL OF Tl~l~ CITY OF ROANOKE, VIRGINIA The 9th day of April, 1990. No. 30003-4990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 General and Capital Projects Funds 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 1989-90 General and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1) ....................... Fund Balance Capital Maintenance and Equipment Replacement Program - City - Unappropriated (2) ............... Capital Projects Fund Appropriations Other Infrastructure Roanoke River Flood Reduction (3) .................. 1) Transfers to Capital Projects Fund 2) CMERP - City - Unappropriated 3) Appr. From General Revenue (001-004-9310-9508) (001-3323) (008-056-9619-9003) $ 50,000 (50,000) 50,000 $15,357,168 13,463,618 $ 694,940 $14,520,714 250,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia April 9, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Roanoke River Flood Reduction Project - Additional Funding for Land Acquisition I. BackKround: Council concurred in an October 3, 1989 report to designate $200,000 from 1989-90 Capital Maintenance and Equipment Replacement Program (CMERP) for the Roanoke River Flood Reduction Project. Council appropriated $150t000 of the designated $200,000 to provide funding for the design of the low water bridges in keeping with a report of recommendation of December 18, 1989. Funds are needed to continue land appraisal and right-of-way acquisition for the project. II. Issues in order of consideration are: A. City's responsibility B. Source of funds C. Timing III. Alternatives: Council authorize the appropriation of the remaining $50,000 from the 1989-90 CMERP to Capital Project Fund Account No. 008-056-9619-9003, Roanoke River Flood Reduction - Land Acquisition. City's responsibility to acquire needed project rights- of-way will be promoted. 2o Source of funds - Funds were designated by Council in the 1989-90 CMERP to support this project. TiminK - City must continue the land acquisition process in order to meet the COE project schedule. Page 2 IV. B. Council refrain from appropriating the identified $50~000. 1. City's responsibility to acquire rights-of-way will remain. 2. Source of funds will be a moot issue at this time. 3. Timing to make funding available would be delayed. Recommendation: Council appropriate $50~000 from 1989-90 CMERP to Account No. 008-056-9619-9003 in accordance with Alternative "A". Respectfully submitted, W. Robert Herbert City Manager WRH:afm CC: City Attorney Director of Finance Director of Utilities & Operations Director of Public Works City Engineer Office of the City Clerk April 11, 1990 File #178-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30004-40990 authorizing you, for and on behalf of the City, to file an application with the Virginia Department of Housing and Community Development for a grant of funds under the Emergency Home Repair Program; authorizing you to accept such grant funds, and providing for a local dollar for dollar match. Resolution No. 30004-40990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 9, 1990. Sincerely, _~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric. Mr. Herbert D. McBride, Executive Redevelopment and Housing Authority, 2624 N. W., Roanoke, Virginia 24017 Mr. Joel M. Schlanger, Director of Finance Mr. ~illiam F. Clark, Director of Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Director, Roanoke Salem Turnpike, Room 456 MunicipaIBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of Apr±l, 1990. No. 30004-4990. A RESOLUTION authorizing the City Manager, for and on behalf of the City, to file an application with the Virginia Department of Housing and Community Development for a grant of funds under the Emergency Home Repair Program; authorizing the City Manager to accept such grant funds, and providing for a local dollar for dollar match. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City ~anager shall be authorized, for and on behalf of the City, to file a grant application, a copy of which is attached to the City Manager's report to City Council, dated April 9, 1990, with the Virginia Department of Housing and Community Development for a grant of State funds to be applied to the Emergency Home Repair Program. 2. The City Manager shall be authorized, for and on behalf of the City, to execute any grant agreements establishing the terms and condi- tions of the City's participation in such grant program. 3. The City Manager shall be authorized, for and on behalf of the City, to make such certifications and assurances and to execute such ancillary documents as may be required by such Department to permit the City's participation in such Program. 4. A local dollar for dollar match shall be provided by the City with respect to the Emergency Home Repair Program. ATTEST: City Clerk. Roanoke, Virginia April 9, 1990 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Endorsement of Application for State's Emergency Home Repair Program I. Background Aw Virginia General Assembly has appropriated 5#3.75 million for the upcoming biennium for various housing programs, most to be designed and administered by the Virginia Department of Housing and Community Development (DHCD). Emergency Home Repair Program is one such program, providing grant funds to make emergency repairs to housing units occupied by low income families/individuals. DHCD guidelines for the Program include: I. Grant funds awarded by DHCD must be matched with at least an equal amount in cash, in-kind services, labor, etc. from other sources; Each housing unit may receive a maximum of 5500 in grant funds from DHCD, or $1~000 if the repairs or improvements make the unit han- dicapped accessible. City was awarded a $10~#1/~ grant from DHCD in 1988 for the program. City Council approved 530,000 allocation of CDBG funds in 1988 and approved additional $28~375 in 1989 in support of the program. Condemnation of 27 substandard low-income rental housing units has been avoided by repairs made through the program~ which is administered by the City in cooperation with Total Action Against Poverty (TAP). II. Current Situation City Council will be asked to consider allocating 58,000 in CDBG funds in support of the Emergency Home Repair Program as part of the FY 1990-91 CDBG program budget. DHCD has notified the City that grant applications are being accepted for the upcoming year of funding under the Program, of which $237,500 is available statewide. Expected awards to local administrators will range from 58,000 to $10,000. Deadline for submission of the applica- tion is April 13~ 1990. April 9, 1990 Page 2 Attached Application has been developed which requests maximum grant award for the Emergency Home Repair Program, and provides for the following: Administration by the City in cooperation with Total Action Against Poverty (TAP), who is responsible for assessing tenant's income and providing the rehabilitation repairs. 2. Program operation will be in conjunction with Code Enforcement activities, and will be targeted to occupied rental property that is: a. In such bad condition that it may have to be condemned; b. Can be stabilized to avoid condemnation by limited repairs; c. Whose owner certifies that he/she cannot afford to make repairs without substantial rent increases; d. The owner is willing to match dollar for dollar the cost of repairs. e. Additionally, units occupied by handicapped persons in need of handicap accessibility improvements/repairs are to be targeted. The maximum grant on any unit will be $2,000. Of this, $500 would be from State funds ($1,000 if made handicapped accessible) and $1,500 from CDBG funds ($1,000 if made handicapped accessible). The owner is expected to match grant funds dollar for dollar. Repair costs exceeding the $2,000 grant and $2,000 owner match (costs exceed $#,000) would be solely the owner's responsibility. D. Authorization by City Council is required by DHCD in order for the City to submit this application. Upon notification from DHCD that the City will be awarded grant funds, Council will be asked to authorize acceptance of the grant and to appropriate CDBG funds as a match. III. Issues A. Impact on housing conditions as a result of program-funded repairs. B. Cost to the City. C. Consistency with the recommendations of the Housing Development Strategic Plan Task Force. D. Administrative arrangements. E. Timing. April 9, 1990 Page 3 IV. Alternatives Authorize the City Manager to submit the attached application for the Emergency Home Repair Program to the Department of Housing and Community Development. Impact on housing conditions will be positive as additional funding will be available to correct serious health and safety hazards in substandard rental units occupied by low-income citizens, and to make needed improvements/repairs allowing enhanced handicapped accessibi- lity to such disadvantaged citizens. 2. Cost to the City will be $8,000. Proposed source of revenue is Fiscal Year 1990-1991 CDBG funds. 3. Consistency with the recommendations of the Housing Development Strategic Plan lask Force is met by: a. Eliminating blighting influences in neighborhoods through aggressive enforcement of Building Maintenance Codes and encouraging ongoing maintenance of property (Goal 2, Objective C); b. Preserving structurally sound residential property in an economi- cally feasible manner, and limiting a number of housing units in imminent danger of becoming uninhabitable (Goal #, Objectives A & B); c. Increasing the supply of quality low-cost rental housing through the leverage rehabilitation subsidies provide to encourage respon- sibility by property owners (Goal 7, Objective Al Activities 2 & 3); d. Enhancing public efforts to provide appropriate housing for groups with special needs, such as the physically handicapped (Goal 8). Administrative arrangements will be shared with TAP~ due to coopera- tion of IAP's weatherization program and its experience in housing counseling and rehabilitation activities. 5. Timing is important since the application deadline is April 13, 1990. Bo Do not authorize the City Manager to submit the attached application for the Emergency Home Repair Program to the Department of Housing and Community Development. Impact on housing conditions will be negative, as a potential tool for stabilizing seriously substandard occupied rental units will be lost. Many of these units may have to be condemned due to the owner's inability to make necessary repairs economically. Further improve- ments allowing enhanced handicapped accessibility in low income ren- tal housing may not be made. April 9, 1990 Page g Cost to the City would be nothing initially, but the long-term effects of continued housing deterioration and abandonment will con- tinue to accrue. Consistency with the recommendations of the Housing Development Strategic Plan Task Force would not be met. Administrative arrangements would not be an issue. Timing would not be an issue. V. Recommendation ho Adopt Alternative "A", thereby authorizing the City Manager to submit the attached application for the Emergency Home Repair Program to the Department of Housing and Community Development. Respectfully submitted, City Manager WRH:BC:vs (CR. 37,38 ) Attachments CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Executive Director, TAP EMERGENCY HOME REPAIR PROGRA~ TO BE INCLUDED AS APPLICATION COVER SHEET APPLICANT ORGANIZATION City of Ro~unoke~ Virginia MAILING ADDRESS HousinF, Development Office, Roan 170, )~micipal Bldg. 2]5 Ch~rch Avenue. SW. Roanoke, Virginia ZIP CODE24011-1592 CONTACT PERSON Charles B. Cheney, Housing Developr~nt Technician PHONE # (703] 981-fi~.q NAME, ADDRESS OF CITY, OR COUNTY MANAGER(S)* W. Robert Herbert, Citv M~n~,~,er Office of the City )~n~p~r, ~ 364, )~miciDal Eb/~lding 915 Chl~rnh Avenue ~V. Roanoke. Virginim 24011-1592 STATE SENATE REPRESENTATIVE* Mm~.farlane. J. Grmn~ DISTRICT # 21 HOUSE OF DELEGATE REPRESENTATIVE* Woodrum, Clifton A. (Chi~) DISTRICT # 16 Thc~r~s~ A. Victor CONGRESSIONAL DISTRICT REPRESENTATIVE* Olin. James DISTRICT # 0 GEOGRAPHIC AREA TO BE SERVED City of Roanoke, Virginia 10. CHECK APPROPRIATE TYPE 11. GOVERNMENT X SIGNATURE TITLE AMOUNT REQUESTED (_V~xirm~n) MATCH AMOUNT ~8.000 (proposed CDBG budget) + $20,000 (Existing CDBG Funds) + $8,000-$16,000 (f~vner Funds) DATE NONPROFIT *Please list all representatives HOUSING AUTHORITY frOm your EHRP Service Area !) Administrative Capacity The City of Roanoke provides a full range of services to its citizenry. ]t administers allocations of Community Development Block Grant Funds as well as funds from numerous other sources. Over the past 7 years, various housing rehab- ilitation and community revitalization pro§rams developed and/or administered for the Roanoke Redevelopment and Housing Authority have resulted directly in the repair of more than 700 housing units, at an investment of more than $10 million. Many of the rehabilitation programs of the City are administered by the Roanoke Redevelopment and Housing Authority under contract with the City. Included on staff of the RRHA are rehabilitation inspectors/specialists, a loan processor and a housing counselor. For the past 2 years, Total Action Against Poverty (TAP) has provided administrative assistance with the Emergency Home Repair Program by assessing client income and performing repairs made under the Program. The Housing Development unit for the City is composed of two Code Inspectors that inspect housing units and enforce Building Maintenance Codes in all Conser- vation Areas and Rehabilitation Districts in the City, a Housing Development Secretary who provides clerical support of Code Enforcement activities and the Housing Development Technician with program management responsibilities. They are supervised by the Housing Development Coordinator, who reports to the Building Commissioner. 2) Experience Among programs developed and/or administered by the City in current operation are the Emergency Home Repair Program, which provides emergency repair grants of up to $2,000 to rental housing units occupied by low income tenants; the Critical Home Repair Program, which make critically needed repairs to the homes of very low income homeowners, up to $6,000 per house; and the Rental Rehabili- tation Program, which provides low interest loans to property owners to repair or rehabilitate substandard rental property. 3) Description of Need and Potential Demand The latest survey of external housing conditions in the City found more than 500 occupied houses in poor or fair condition. It is certain there are many other houses which could be found to be substandard upon inspection of interior conditions. These factors together indicate a substantial unreel need for "emergency repair assistance". Low income tenants are the most likely to live in these substandard condi- tions and are to be the target population of the program. [n addition, the special needs of the low income handicapped population are to be addressed in this year's program, so that handicapped accessibility to low income housing units can be improved. The ]988 and !989 Emergency Home Repair Program made repairs of several common problems including deteriorating roofs, outdated and unsafe electrical services, inadequate heating systems, plumbing and other mechanical problems, and a variety of interior repairs to floors, walls and ceilings. In addition, handicapped accessibility improvements such as ramps and handicapped bath fixtures were installed. The Emergency Home Repair Program in Roanoke is currently funded and operational. A State funding award will be used to continue and expand program operations to benefit low income households and low income handi- capped citizens. #) Projected Expenditures This application requests the maximum grant available from the Department of Housing and Community Development. If approved, approximately $20,000 in matching Community Development Block Grant funds currently allocated to the Program and an additional proposed $8,000 CDBG allocation is expected to be Jn place by the end of 3une 1990. it is anticipated that low income and low income handicapped housing units will receive repairs under the Program. In addition, the Program is expected to bring a private funds match from property owners of $8,000 - $16,000. Description of Pro~ram Operation The allocation for the Program from DHCD will be used for the emergency repair of rental units occupied by low income tenants. Currently, Code spectors will discover occupied rental units with some aspect in such condi- tion as to be imminently hazardous to health or safety. Especially in the case of those units with the lowest income residents and lowest rents, the property owners are unable to make repairs without increasing the rent sub- stantJally, thereby effectively displacing the tenants. By using the Program, in conjunction with CDBG funds budgeted in support of the program, some repairs may be made to the property to avoid its condemnation. The property owner will be required to agree not to increase the rent because of the repairs made with Program funds for a period of one (1) year, or until the tenant vacates, thereby keeping the unit affordable to the current low income tenant. The Program will be administered by the City with the help of Total Action Against Poverty (TAP)~ the local community action agency. Eligible rental properties will be identified primarily via code enlorcement activities. After initial contact with the owner of such property, TAP will be brought in to verify-the low income status of the tenant and to estimate the cost of the repairs required by the Building Department. The owner will be asked to enter an agreement with the City to not increase the tenant's rent in exchange for the repairs, and to match dollar Ior dollar, the cost of the repairs up to a maximum grant ol $2,000. TAP then will be responsible for having the repairs made, either by private subcontractors or by its own crews. The owner is expected to match the cost of the repairs dollar for dollar, up to a maximum grant of $2,000. Any required repairs costing over the maxi- mum matching $2,000 grant will be solely at the owner's expense. In certain exceptional cases, as determined jointly by the Program Manager, the Housing Development Coordinator, and the Building Commissioner, the first $2,000 worth of repairs may be granted to the property without an owner match. In no case shall the payment of this grant for repairs to the property exceed $2,000. A scenario ol repair costs and sources of matching funds appears on the following page. SOURCE OF MATCH REHABILITATION COST HCD PROGRAM CDBG OWNER $ 500.00 $ 125.00 $ 125.00 $ 250.00 5 750.00 5 187.50 $ 187.50 $ 375.00 $1,000.00 $ 250.00 $ 250.00 $ 500.00 $1,250.00 $ 312.50 $ 312.50 $ 625.00 $1,500.00 $ 375.00 $ 375.00 $ 750.00 $2,000.00 $ 500.00 $ 500.00 $1,ooo.oo 52,500.00 $ 500.00 $ 750.00 $1,250.00 $3,000.00 $ 500.00 $~,000.00 $1,500.00 $3,500.00 5 500.00 $1,250.00 $1,750.00 $4,000.00 $ 500.00 $1,500.00 52,000.00 $~,500.00 $ 500.00 $1,500.00 $2,500.00 It is expected that approximately 15 low-income housing units will be repaired through this program. Emergency Home Repair State Award $ 8,000 Current CH~BG Allocation carry over 20,000 Proposed CDBG Allocation g,000 Owner Match 36~000 18 units ~ $#,000/unit = 572,000 LOCAL ADMINISTRATORS (LA) VIRGINIA EMERGENCY HOME REPAIR GRANTS PRO~RAM CERTIFICATIONS/ASSURANCES BY THE ~UTHORIZED REPRESENTATIVE I, W. Robert Herbert , Authorized Representative of The City of Roanoke~ Virginia , certify that the Local Administrator (LA) will oversee and monitor the use of funds received under this program as required by the Department of Housing and Community Development and the laws of the Commonwealth of Virginia. I certify tht the LA will comply with all program requirements set forth in the Proaram Manual FY 199~ and will: (1) Require that emergency home repair services be provided on a non-discrimintory and non-religious basis; (2) Require that a Home Repair Agreement be executed between the LA and property owner of each housing unit to be repaired; (3) Assure that the Emergency Home Repair program will operate on a not-for-profit basis; and (4) Assure that State Program Funds will be matched locally. (Signature and Title of Authorized Representative) Date II GOVEi~TNG BOARD RESOLUTTON WHEREAS, the Commonwealth of Virginia, Department of Housing and Community Development has issued a Notice of Funding Availability and Request for Proposals under the EMERGENCY HOME REPAIR PROGRAM WHEREAS, assistance is needed to adequately address the emergency home low-income persons to be served by ~e City of~{oanoke, Virginia effectively and repair needs of III IV V VI VII Dated (Name of ~rga~nization o~ Goxernment Unit) in our service area of 'fne uity of RoanoKe, virginia (Service Area Localities) WHEREAS, an application for a grant under this program has been prepared. WHEREAS, The City of Roanoke, Virginia (Name of Organization or Government Unit) agrees to provide emergency home repair services to those in need in conformance with the regulations and guidelines of this State Program. WHEREAS, W. Robert Herb~.rt, City Man~%ger Name and Title of Person who can act on behalf of The City of Roanoke. Virginia (Name of Organization or Government Unit) and will sign all necessary documents required to complete the grant transaction. WHEREAS, a local dollar for dollar match is required under the program and will be provided. NOW, THEREFORE, BE IT RESOLVED THAT Directors (or other governing body) of The City of _Roanoke, Virginia the Board of (Name of Organization or Government Unit) hereby authorizes W. RQbertHerbert (representative of organization or local government) to apply for and accept the grant and enter into a Grant Agreement with the Department of Housing and Community Development and undertake any and all actions and responsibilities in relation to such Agreement. (Name and title of Authorized Board Official) (Signature) Office of the City Clerk April 11, 1990 File #60-133-5 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30005-40990 amending and reordaining certain sections of the 1989-90 Grant Fund Appropriations, providing for acceptance of additional funds, in the amount of $23,335.00, from the U. S. Department of Justice, Forfeited Property Sharing Program. Ordinance No. 30005-40990 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, April 9, 1990. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Hr. W. Robert Rerbert, City Manager Room456 MunicipalBuilding 2If Church Avenue, S.W. RoanoEe, Vitginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th day of Apr/l, 1990. No. 30005-4990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Grant Fund Appropriations, and providing for an emergency. WHEREAS, Government of the exist. for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Public Safety $ 808,822 Federal Forfeited Property Grant (1) .................. 228,191 Revenue Public Safety $ 808,822 Federal Forfeited Property Grant (2) .................. 228,191 1) Investigations and Rewards 2) Federal Grant Revenue (035-050-3300-2150) (035-035-1234-7060) $23,335 23,335 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia April 9, 1990 Honorable Noel C. Taylor, Mayo~J and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Sharing Federally Forfeited Property I . Backqround: Conqress amended R1 USC. Sec. 881 el-4, October, 1986, which authorized the transfer of certain federally forfeited prooerty to state and local enforcement agencies that participated in the investigation and seizure of the property. law Application for an equitable share of property seized by local law enforcement must be made to the U. S. Department of Justice and certified by the City Attorney as to the appropriate agency and representative to receive the property and that the transfer is not prohibited by state and local law. C m Property_ ~including funds shared with state and local agencies) may be used only for the purpose stated in the application, i.e., narcotics investigations related to law enforcement. ~e aqency requesting the transfer of property agrees to pay fees and expenses necessary to el-Feet the transfer. January 4, 1988, Council, at its regular meeting, authorized the Director of Finance to establish grant fund accounts from which funds may be dispersed in accordance with provisions of this program.. Current Situation: A. Police Department periodically from sharing program· receives additional funds the federal government's asset City Council action is needed to accept additional funds to be dispersed in accordance with provisions of the program. Revenues collected to date for this grant are $R28,190.30 and deposited in Grant Account Number 035--035-1R34-?060. The current revenue estimate is $~0~,856.00. Funding received in excess of the revenue estimate, of $R3,334.39 needs to be appropriated at this time. Expenditures from this grant to date are $97,6R6.95. III. Issues: Subject: Mayor and Me~bers of Counci'l Sharing Federally Forfeited F'roperty Page 2 B. Funds Availability IV. Alternatives: ~ity Council accept additional ($23,334~39) funds from U. S. Department of Justice, Forfeited Property Sharing Program and authorize the Director of Finance to establish appropriate accounts so that funds can be expended in accordance with program requirements. Need exists to provide additional funds and equipment to enhance undercover narcotics control investigations. Funds availability will be controlled by effectiveness of investigations through assets seized and forfeited in joint investigations with federal agencies. City Council reject assets from Federal Forfeiture Sharing Program and not authorize Director .of Finance establish appropriate accounts for such assets. to Need for supplemental funds enabling increased effectiveness of undercover drug enforcement will not be met . Funds will not be applied for or received from the Federal Forfeiture oha~ lng Program Recommendation is that P "A ~ouncil approve Alternative " to accept assets from the Federal Forfeited Property Sharing Program and: A. Appropriate $23~34.39 to the following grant fund Investigations and Rewards (©35-050-3300-2150) ... Increase the revenue estimate for this grant by $~3,334.39. City Manager WRH: MDH/kr Sob~ect: Shariog cc: City Attorney Pirector of Fi~ance Director of Administration/Public Safety Mayor and Members of Council Federally Forfeited Property Page 3 Office of the City Clerk April 11, 1990 File #57-27 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30007-40990 accepting the bid of H & S Construction Company made to the City for construc- tion of downtown curb and sidewalk replacement and 14th Street, S. E., Storm Drain Project, in the amount of $256,287.50. Resolution No. 30007-40990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 9, 1990. Sincerely,F~..~~' ~i3~-~-~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pC: Mr. Mr. Mr. MS. Mr. Ms. Ms. Management Joel M. Schlanger, Director of Finance William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director of Utilities and Operations Dolores C. Daniels, Citizens' Request for Service Arcelia B. Haston, Junior Accountant, Office and Budget of Room456 Muni¢ipalSuilding 215Chu;¢h Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk April 11, 1990 File #57 Mr. William D. Gee Vice-President ~ & S Construction Company P. 0. Box 6226 Roanoke, Virginia 24017 Dear ~r. Gee: I am enclosing copy of Resolution No. 30007-40990 accepting the bid of ~ & S Construction Company made to the City for construc- tion of downtown curb and sidewalk replacement and 14th Street, S. E., Storm Drain Project, in the amount of $256,287.50. Resolution No. 30007-40990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 9, 1990. Sincerely, ~ A4ary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room456 MunicipalSuilding 215Church Avenue, S,W. Roanoke. Virginia 24011 (703)981-2541 Office of the City Clerk April 11, 1990 File #57 Mr. Donald L. Branscome President DLB, Inc. P. O. Box 1239 Hillsville, Virginia 24343 Dear Mr. Branscome: I am enclosing copy of Resolution No. 30007-40990 accepting the bid of H & S Construction Company made to the City for construc- tion of downtown curb and sidewalk replacement and 14th Street, S. E., Storm Drain Project, in the amount of $256,287.50. Resolution No. 30007-40990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April On behalf of the Mayor and Members of City Council, I to express appreciation for submitting your bid on described project. 9, 1990. would like the above- Sincerely, ~_~t~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eno. Room456 MunicipalBuilding 215Chuzch Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of April, 1990. No. 30007-4990. A RESOLUTION accepting the bid of H & S Construction Company made to the City for construction of downtown curb and sidewalk replacement and 14th Street, S. E. Storm Drain Project; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of R & S Construction Company made to the City, for construction of downtown curb and sidewalk replacement and 14th Street, S. E. Storm Drain Project, meeting all of the City's specifications and requirements therefor, for the total bid price of $2§6,287.50, which bid in on file in the Office of the City Cler~ is hereby ACCEPTED. 2. The City's ~anager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifica- tions, the terms of said bidder's proposal and the terms and pro- visions of this resolution. 3. Any and all other bids made to the City for the afore- said procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. Office of the City Clerk April 11, 1990 File #60-5?-2? Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30006-40990 amending and reordaining certain sections of the 1989-90 Capital Fund Appropriations, providing for the transfer of $261,245.00 and $22,343.00, respectively, in connection with award of a contract to H & S Construction Company for construction of new concrete sidewalks, entrances, curb and gutter on various streets in down- town Roanoke, as well as 14th Street, S. E., Storm Drain Project. Ordinance No. 30006-40990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 9, 1990. Since re ly, /~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc o pC: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Ms. Dolores C. Daniels, Citizens' Request for Service Ms. Arcelia B. Haston, Junior Accountant, Office Management and Budget of Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 2a011 (703)981 2541 IN TH~ COUNCIL OF THE CITY OF ROANOKE, VIRGINIA the 1989-90 Capital emergency. WHEREAS, for Government of the exist. The 9th day of April, 1990. No. 30006-4990. AN ORDINANCE to amend and reordain certain sections of Fund Appropriations, and providing for an the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, Roanoke that certain sections of the Appropriations, be, and the same are reordained to read as follows, in part: BE IT ORDAINED by the Council of the City of 1989-90 Capital Fund hereby, amended and Appropriations Streets and Bridges Downtown Curb and Sidewalks - Phase II and 14th Street (1-2) ...................................... Capital Improvement Reserve Public Improvement Bonds - Series 1988 (3-4) ....... 1) Appropriated from Bond Funds 2) Appropriated from General Revenue 3) Series 1988 - Streets & Bridges 4) Series 1988 - Storm Drains (008-052-9652-9001) $ 261,245 (008-052-9652-9003) 22,343 (008-052-9603-9181) (261,245) (008-052-9603-9176) (22,343) $ 5,437,292 283,588 4,311,128 1,977,972 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia April 9, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Downtown Curb and Sidewalk Replacement (Bond Issue - Phase II) and 14th Street, S.E. I concur in the Bid Committee's recommendation for the construction of Downtown Curb and Sidewalk Replacement as part of improvements listed in the 1988 Bond Referendum and 14th Street, S.E. WRH/JGB/mm Attachment: Bid Committee Report City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Citizens' Request for Service City Engineer Construction Cost Technician Respectfully submitted, W. Robert Herbert City Manager Roanoke, Virginia April 9, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Downtown Curb and Sidewalk Replacement (Bond Issue - Phase V and 14th Street, S.E.) I. Background on the project includes: New concrete curb and sidewalk improvements are to be constructed throughout downtown as part of the 1988 Bond Referendum. (See Attachment A.) Improvements are needed due to deteriorated curbs and sidewalks for public safety. B. Phase IV - Downtown Curb and Sidewalk is under constr~ction and nearing completion. 14th Street Neighborhood Storm Drain Project is estimated to cost $26~730.00. In this case, concrete curb and gutter is the storm drain facility required to solve the problem of stormwater runoff getting into the basements of four (4) adjoining homes. Bids were received by City Council at its March 26, 1990 meeting, publicly opened, and read aloud for Downtown Curb and Sidewalk Replacement-Phase V and 14th Street, S.E. Two (2) bids were received and referred to the bid committee for review and report back to Council. E. Low bid., in the amount of $256~287.50, was submitted by H. & S. Construction Company. Il. Issues in order of importance: A. Compliance of the bidders with requirements of the contract documents. B. Amount of the bid. Page 2 C. Fundin~ for construction. D. Time of completion. III. Alternatives in order of recommendation are: Award the contract to H. & S. Construction Company in the sum of $256~287.50 and establish a contingency in the amount of $27~300.00 in a form acceptable to the City Attorney. 1. Compliance of the bidder with the requirements of the contract documents was met. 2. Amount of the low bid is acceptable. The bid is less than the project estimate of $302,000.00. o Fund~n~ for Downtown Curb and Sidewalk-Phase V project is available in the Public Improvement Bond - Series 1988 - Streets and Bridges Account No. 008-052-9603-9181. Funding for 14th Street, S.E. pro- ject is available in the Public Improvement Bond Series 1988 - Storm Drain, Account 008-052-9603-9176. 4. Time of completion of the project is 180 consecutive calendar days. B. Reject the bids received and do not construct project at this time. Re-evaluate the project for future rebidding. 1. Compliance with requirements of the contract documents would not be an issue. 2. Amount of the bid price would probably be higher if bid at a later date. 3. Fundin8 would not be spent at this time. 4. Time for completion of the project would be delayed. IV. Recommendation is that City Council take the following action: Approve Alternative "A" and award the contract to H. & S. Construction Company in the sum of $256~287.50 and establish a contingency in the amount of $27,300.00. Page 3 B. Establish the following budget for the project: Transfer $261,245.00 from the 1988 Series of Public Improvement Bonds - Streets and Bridges category, Account No. 008-052-9603-9181, to an account to be established by the Director of Finance and titled Downtown Curb and Sidewalk Replacement-Phase V and 14th Street, S.E. $235,945.00 20,000.00 2,500.00 2,800.00 H. & S. Construction Company Contract (downtown construction) Construction Contingency Signals & Alarms to relocate a signal pole and base Grounds Maintenance to install eight (8) trees along Kirk Avenue, S.W. $261,245.00 TOTAL Transfer $22~342.50 from Public Improvement Bond Series 1988 - Storm Drain, Account 008-052-9603-9176 to the new account established in 1. above. $20,342.50 2,000.00 H. & S. Construction Company Contract (14th Street, S.E. construction) Construction Contingency $22,342.50 TOTAL Reject other bid received. Respectfully submitted, Robe~ William F. Clark RAG/JGB/mm Kit B. Kiser Page 4 Attachments: Project Locations Tabulation of Bids cc: City Manager City Attorney Director of Finamce Citizens' Request for Service City Engineer Construction Cost Technician ATTACHMENT "B" TABULATION OF BIDS DOWNTOWN CURB AND SIDEWALK REPLACEMENT BOND ISSUE - PHASE II AND 14TH STREET, S.E. PLAN NO. 6080-A Bids opened before Roanoke City Council on Monday, March 26, 1990, 2:00 p.m. BIDDER TOTAL BID H. & S. Construction Company $256,287.50 D.L.B. Inc. $328,484.00 Engineer's Estimate: $302,000.00 Robert A. Garland, Chairman William F. Clark Kit B. Kiser Office of City Engineer Roanoke, Virginia ATTACHMENT "A" Project Location DOWNTOWN Luck Avenue, S.W. Third Street, S.W. at Parking Lot, North Side Second Street, S.W. to First Street, S.W., Both Sides First Street, S.W. to Jefferson Street, Both Sides First Street, S.W. Luck Avenue, S.W. to Alley, West Side Third Street, S.W. Luck Avenue, S.W. to WSLS Entrance, West Side Kirk Avenue, S.W. Jefferson Street to First Street, S.W., Both Sides 14TH STREET, S.E. * 14th Street, S.E. - Montrose Avenue, S.E. to Morton Avenue, S.E., West Side This is a project identified as a Neighborhood Storm Drain Project and listed on the Capital Improvement Program. It is presented in the manner to benefit from the savings realized in the scale of a project of this nature. Office of the City Clerk March 28, 1990 Fi le #57 Mr. Robert A. Garland, Mr. William F. Clark Mr. Kit B. Kiser Chairman Committee Gentlemen: The following bids for construction of new concrete sidewalks, entrances, curb and gutter on various streets in downtown Roanoke, as well as 14th Street, S. E., were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, March 26, 1990: BIDDER BASE BID TOTAL H & S Construction Company DLB, Inc. $256,287.50 328,484.00 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP : r a pc: Mr. Wilburn C. Dibling, Jr., City Attorney Room 056 MunicipaIBuilding 215 Church Avenue, S, W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk April 10, 1990 File #448 Mr. Howard E. Musser ) Mr. W. Robert Herbert ) Mr. Beverly T. Fitzpatrick, Jr. ) Mr. George W. Nester ) Mr. Roy G. McCarty ) Mr. Elmer C. Hodge ) Mr. Steven A. McGraw ) Mr. Harry C. Nickens ) Regional Cable Television Committee Gentlemen: I am enclosing copy of Resolution No. 30008-4990 urging that Congress enact legislation to restore to municipalities signifi- cant control over the regulation of rates and operation of local cable television systems. Resolution No. 30008-4990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 9, 1990. Sincerely, ~~ ~4ary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W, Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 SANDRA H. EAKIN Deputy City Clerk April 10, 1990 File #448 The Honorable James R. Olin Member, United States Congress Room 706, First Federal Building 406 First Street, S. W. Roanoke, Virginia 24011 Dear Congressman Olin: I am enclosing copy of Resolution No. 30008-4990 urging that Congress enact legislation to restore to municipalities signifi- cant control over the regulation of rates and operation of local cable television systems. Resolution No. 30008-4990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 9, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W.,Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk April 10, 1990 File #448 The Honorable Charles S. Robb Member, United States Senate Russell Senate Building, Suite Washington, D. C. 20510 493 Dear Senator Robb: I am enclosing copy of Resolution Congress enact legislation to restore to cant control over the regulation of rates cable television systems. Resolution No. by the Council of the City of Roanoke at on Monday, April 9, 1990. 30008-4990 urging that municipalities signifi- and operation of local 30008-4990 w~s adopted a regular meeting held Sincerely, Mary F. Parker, City Clerk CMC / AA E MFP:ra Eric. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W, Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 SANDRA H. EAKIN Deputy City Clerk April 10, 1990 File #448 The Honorable John W. Warner Member, United States Senate Russell Senate Building, Suite 225 Washington, D. C. 20510 Dear Senator Warner: I am enclosing copy of Resolution No. 30008-4990 urging that Congress enact legislation to restore to municipalities signifi- cant control over the regulation of rates and operation of local cable television systems. Resolution No. 30008-4990 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 9, 1990. Sincerely,~. ~12~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Ene. IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th day of April, 1990. No. 30008-4990. VIRGINIA, A RESOLUTION urging that Congress enact legislation to restore to municipalities significant control over the regulation of rates and operation of local cable television systems. WHEREAS, municipal regulation of cable television is essential in order to regulate the use of valuable and limited public right- of-way, to protect consumers' interests, to foster public educa- tional and governmental use of cable television systems, and to provide for the protection of community cable related needs and interests; WHEREAS, although the Cable Communications and Policy Act of 1984 was intended to increase competition and lower cable rates, the impact of this legislation has been to impose major restric- tions on local regulation and localities' ability to control increasing cable rates; and WHEREAS, a number of legislative proposals are now before Congress which would return regulatory power over cable television to local governments. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that Council hereby urges enactment of appropriate congressional legislation to provide significant local control over the operation and regulation of rates for local cable television systems. BE IT FURTHER RESOLVED that the City Clerk is directed to for- ward a copy of this resolution to the Honorable John Warner and the Honorable Charies S. Robb, Members, Un£ted States Senate and the Honorable J£m 01£n, Member, Un±ted States Congress as veil as the members of the Reg£onal Cable Television Committee. ATTEST: City Clerk. April 3, 1990 The Honorable Mayor of City Council Roanoke, Virginia and Members Re: Regulation of Cable Television Dear Council Members: As Council may recall, following the enactment by Congress of the Cable Communications Policy Act of 1984, cities were essen- tially prohibited from regulating the rates of cable companies. The Act also imposed certain other restrictions on local regula- tion and franchising practices. The United States Congress is currently reviewing the status of cable television regulation. There are now a number of legislative proposals in Congress providing for varying degrees of re-regulation of cable televi- sion. As Council is also aware, through the Regional Cable Television Committee, Roanoke City, Roanoke County, and the Town of Vinton are currently engaged in the re-franchising process with our local cable television company, Cox Cable of Roanoke, Inc. Therefore, the measures currently under consideration in Congress are vitally important to the City of Roanoke. In light of the foregoing, I have requested that the City Attorney prepare the attached resolution urging our Congressional representatives to restore to municipalities significant control over the operation and regulation of rates for local cable tele- vision systems. I will be pleased to respond to any questions or comments that you may have with regard to this matter. Regional Cable Television Committee HEM/MAW:sm Attachment cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 215 Church Avenue S W Roanoke, Virginia 240t 1 (703) 981 2541 United States 'Telephone AssOciation 900 19th Street. NW Suite 800 Washington, D.C 20006-2!05 (202) 835-3100 CALL TO ACTION ON CABLE LEGISLATION The Senate Commerce, Science and Transportation Committee will hold a cable legislation hearing on April 4. A mark-up is expected to follow later in April or early May. If you agree with us that now is the time to enact sound public policy then please do the following immediately: Contact your House Member and Senators. Ask them to support legislation which will restore local government franchise authority and open up cable to competition. Tell them that re-regulation only will not work. Contact the Senate Commerce, Science and Transportation Committee Member with the same message. A committee list is attached. Send any news articles, and any local government resolutions or memorials you have adopted to your Representative and Senators, as well as the Senate Committee Member. The USTA is allied with the National League of Cities, the US Conference of Mayors, the National Conference of Black Mayors, and the National Association of Counties for passage of cable 'legislation which will restore local government franchise authority and open up cable to competition. The USTA is the national trade association which represents the local exchange telephone industry. Our members account for 99 percent of the nations access lines, and range in size from the Bell Operating companies to the smallest rural independent companies. You may have been contacted already by your local telephone company. We decided to contact you in this way because time short and the stakes are high. Respectfully yours, i~%/Kittredge ~. Hawkins Director of Government Relations SENATE COMMITTEE ON COMMERCE, SCIENCE & TRANSPORTATION * and Subcommittee on Communications Democrats Ernest F. Hollings, South Carolina, Chair - (202) 224-6121 Daniel K. Inouye, Hawaii (Subcommittee Chair) - (202) 224-3934 Wendell H. Ford, Kentucky - (202) 224-4343 J. James Exon, Nebraska - (202) 224-4224 Albert Gore, Jr. Tennessee - (202) 224-4944 John D. Rockefeller, IV, West Virginia - (202) Lloyd Bentsen, Texas - (202) 224-5922 John F. Kerry, Massachusetts - (202) 224-2742 John B. Breaux, Louisiana (202) 224-4623 Richard Bryan, Nevada (202) 224-6244 Charles S. Robb, Virginia (202) 224-4024 224-6472 Republicans John C. Danforth, Missouri, Ranking Member - (202) * Rob Packwood, Oregon (Subcommittee Ranking Member) (202) 224-5244 * Larry Pressler, South Dakota - (202) 224-5842 * Ted Stevens, Alaska - (202) 224-3004 Robert W. Kasten, Jr. Wisconsin ~ (202) 224-5323 * John McCain, Arizona - (202) 224-2235 * Conrad Burns, Montana - (202) 224-2644 * Slade Gorton, Washington - (202) 224-3441 Trent Lott, Mississippi - (202) 224-6253 224-6154 Committee Address: SD 508 Dirksen Senate Office Building Washington, D.C. 20510-6125 Telephone: (202) 224-5115 from the U.S. Senate COM'MITltE ON COMMERCE, SCIENCE, AND TRANSPORTATION 5~ator F.m~t F Holh'rt~& C,~a~,'maa lOl~t Con~'~a. Second For Immediate Release: March 22, i:51 !01-161 HOLLiNGS ~NNCL~CES F3-ARINGS ON CABLE TELL~IS!ON CONSUMER PROTECTION ACT Senator Ernest F. Hollings, (D-SC), Chairman of the Senate C~m~ittee on Commerce, Science and Transportation, today announced that th~ Subco.mmittee on Communications will hold hearings on the Cable Television Consumer Protection Act of 1989, S. 1880 and proposed Committee staff amenchments. Senator Daniel K. Inouye (D-HI), Subcommittee Chairman, will preside at the hearings, which are scheduled for Thursday, March 29, at 2:00 p.m. and Wednesday, April 4, 1990, at 9:00 a.m. Both hearings will be held in room SR-253 of the Russell Senate Office Building. __The Committee staff draft is a proposed substitute for S. 1880, l%glslation introduced by Senator Jack Danforth (R-MO). It seeks to remedy certain problems that have resulted from the enactment of the 1984 Cable Telecommunications Act, as well as to address certain matters not raised in that law. As with the 1934 Communications Act, it is focused on establishing overall policy and providing the Federal Communications Commission with the authority and discretion to implement this policy. Witnesses for the March 29 hearing will include Alan Garner, Esq., Jefferson City, MO; Joseph W. Hippel, III, Chief Operating Officer, People's Choice TV; James Hed!und, 'President, Association of Independent Television Statlcns, Inc.; James P. Mooney, President, National Cable Television Association; Amos B. Mostetter, Jr., Chairman and CEO, Continental Cablevision, Inc.; Thomas Burchill, President and CEO, Lifetime; Edward O. Fritts, President, National Association of Broadcasters; and Henry Geller, Markel Foundation. Witnesses for the April 4 hearing will include John F. McLaughlin, Center for Information Policy, Harvard University; A. Gray Collins, Jr., Executive Vice President, External Affairs, Bell Atlantic and a representative of the GTE Corporation. Additional witnesses for both hearings may be announced at a later date. For more information on the hearing, please contact Tom Cohen or Toni Cook of the Majority Staff at (202) 224-9340 or Gina Keeney or William Heyer of the Minority Staff at {202) 224-1251. Press please contact Kevin Curtin at (202) 224-0411. Office of the City Clerk April 11, 1990 File #9-166 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: adopted by the Council on 1990, and will take effect second reading. I am attaching copy of Ordinance No. 29998-40990 authorizing an amendment to the lease between the City and Budget Rent-a-Car of Roanoke, Inc., for a one acre parcel of land on the south side of Municipal Road, N. W., upon certain terms and conditions. Ordinance No. 29998-40990 was adopted by the Council of the City of Roanoke on first reading on Monday, April 2, 1990, also second reading on Monday, April 9, ten days following the date of its Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc o pc: Mr. Edward A. Hart, Attorney, P. O. Box 20068, Roanoke, Virginia 24018 Mr. Joel M. Schlanger, Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections Room456 Municipaleuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th dsy of Apr±l, 1990. No. 29998-4990. AN ORDINANCE authorizing an amendment to the lease between the City and Budget Rent-a-Car of Roanoke, Inc., for a one acre parcel of land on the south side of Municipal Road, N. W., upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City of Roanoke in a form approved by the City Attorney, an amendment to the existing lease agreement with Budget Rent-a-Car of Roanoke, Inc., for a one acre portion of a 12.93 acre tract on the south side of Municipal Road, N. W., bearing Official Tax No. 6640105, such amendment to include provisions for an additional five year term on mutually agreeable terms and conditions and for the right of assignment to permit lessee to assign the lease to an acceptable purchaser of the business upon approval by the City Manager, such approval not be unreasonably withheld, as more particularly set forth in the report to this Council dated April 2, 1990. ATTEST: City Clerk. Roanoke, Virginia April 2, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Extension of Lease of City-Owned Property Budget Rent-A-Car The attached staff report was considered by the Water Resources Committee at its meeting on March 26, 1990. The Committee recommends that Council authorize amendments to the Budget Rent-A-Car lease in accordance with conditions stated in the attached report. ~~~Respectfully submitted, ~ Eliza~'eth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment cC: City Manager City Attorney Director of Finance Director of Utilities & Operations Chief, Billings & Collections Edward A. Natt, Esq. INTEI~DEPAI~TMENTAL CO~4MUNICATION DATE: March 26, 1990 TO: M~bers, Water Resources Committee FROM: '~t B./~Kf~er, Die,or, Utilities & Operations, thru W. Robert Herber~"~ty Manager RE: EXTENSION OF LEASE OF CITY-OWNED PROPERTY BUDGET RENT-A-CAR Back,round: A. Execution of a Five (5) Year Renewal of the lease of a one (1) acre site to Budget Rent-A-Car was authorized by Council by Ordinance No. 29912-11690 dated Jan. 16, 1990. Extension of lease was one of the terms of the original lease which authorized an initial five (5) year lease period and an additional five (5) year extension on mutually agreeable terms and conditions. II. Current Situation: Lynn Leasins, successor in interest to Budget Rent-A-Car, has requested that the lease extension granted by Ordinance No. 29912-11690 be amended to provide for an extension for an additional five (5) year term on mutually agreeable terms and conditions, and the right of assignment to permit Lynn Leasing to assign the lease to any purchaser of the business. III. Issues: A. Need B. Timing Water Resources Committee RE: Budget Rent-A-Car Lease March 1, 1990 Page 2 IV. Alternatives: Committee recommend to Council that it authorize the amendment of the lease of property to Budget Rent-A-Car authorized by Ordinance No. 29912-11690 to include provisions for an additional five (5) year term, on mutually agreeable terms and conditions, and for the right of assignment to permit Lynn Leasing, successor in interest to Budget Rent-A-Car to assign the lease of any purchaser of the business upon approval by the City Manager, such approval not to be unreasonably withheld. 1. Need by petitioner for these provisions in regard to a potential sale of the business is met. 2. Timin~ related to potential sale is met. Committee not recommend to Council that it authorize the amendment of the lease of property to Budget Rent-A-Car authorized by Ordinance No. 29912-11690. 1. Need for proposed amendments by petitioner not met. 2. Timin~ contraints upon petitioner not met. V. Recommendation: Committee recommend that City Council authorize amend- ments to the B~dget Rent-A-Car lease in accordance with Alternative "A". KBK/RVH/fm Attachments cc: City Attorney Director of Finance Chief, Billings & Collections Edward A. Natt, Esq. OSTER.HOUDT, FEP,.GUSON, NATT, AHER. ON ~, AGEE P--OAN OK E , VIRGIN IA :)4018 February 23, 1990 Mr. Kit B. Kiser, Director of Utilities City of Roanoke Room 456, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 RE: Budget Rent-A-Car Dear Kit: As a follow-up to our telephone conversation on Thursday, the 22nd of February 1990, this letter is written on behalf of Lynn Leasing, successor in interest to Budget Rent-A-Car of Roanoke, Inc., requesting that Ordinance No. 29912-11690 adopted by the Council of the City of Roanoke on January 16th, 1990, be amended to provide that the lease include a provision permitting a mutual extension for one additional five-year term. This would make the lease similar to the original lease dated December 21, 1984. As I have discussed with you, the present owner of the business has a prospective purchaser who, at this time, must remain anonymous. However, the prospective purchaser has indicated that they would like to have the right to either purchase and/or extend the lease at the end of the original five-year term. This would give that purchaser the option of selecting which means it wanted to utilize over the second five-year term. I would ask that you please let me know as soon as possi~ whether or not you can recommend favorably on this request~and also let me know when the Water Resources Com- mittee meets. Time is of the utmost importance inasmuch as we must complete this matter by the end of March in order for the prospective purchaser to step in. I will I can assure that response would be time is of the utmost appreciated. be glad to discuss the matter in detail but importance so a prompt With best personal /bp cc: Gene Lynn 1725 W. Main Street Salem, VA 24153 regards, I am Very truly yours, OSTERHOUDT, FERGUSON, NAq-I', AHERON & AGEE, P.C. £d~ard ^. ~att IN TRE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of January, 1990. No. 29912-11690. AN ORDINANCE authorizing the proper City officials to enter into a five-year extension of the lease agreement with purchase option be- tween the City and Budget Rent-a-Car of Roanoke, Inc., for a one-acre parcel of land on the south side of Municipal Road, N.W., upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City of Roanoke, a five-year extension of the lease with Budget Rent-a-Car of Roanoke, Inc., for a one-acre portion of a 12.93-acre tract on the south side of Municipal Road, N.W., bearing Official Tax No. 6840105, such agreement to be for a five-year term ending December 31, 1994, at an annual lease rate of $8,616.00 or $718.00 per month, and to contain a purchase option upon thirty (30) days written notice by Lessee, at any time during the five-year extension at a price determined by appraisal and approved and mutually agreed upon by both parties, to include the requirement that Lessee accomplish the subdivision of the property and conform to all appropriate City Codes and ordinances, and to contain such other terms and conditions as are approved and required by the City Manager as set forth 1990, in form approved by in a report to this the City Attorney. ATTEST: Council dated January 2, City Clerk.