HomeMy WebLinkAboutMins 09/03/02 - 02/03/03NOTICE
Pursuant to Commonwealth of Virginia, Library of Virginia Records
Management and Imaging Services Division, Records Retention and
Disposition Schedule, General Schedule No. 4, County, City and Town
Administration Records, Series No. 010001; and General Schedule No.
19, Administrative Records, Series No. 010037, those items referred to
in the Minutes for full text other than Ordinances and Resolutions
have been destroyed in compliance with Guidelines provided by the
Library of Virginia.
Mary F. Parker, City Clerk
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 3, 2002
12:15 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
September 3, 2002, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Ch~.pter
2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Reqular Meetinqs, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Linda F. Wyatt and Mayor Ralph K. Smith ................................... 5.
ABSENT: Council Members Alfred T. Dowe, Jr., and C. Nelson Harris .......... -2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Deputy Director of Finance; and Mary F.
Parker, City Clerk.
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting a Closed Meeting to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Wyatt and Mayor Smith--5.
NAYS: None ............................................................................................ -0.
(Council Members Dowe and Harris were absent.)
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PURCHASE/SALE OF PROPERTY-CITY PROPERTY: A communication from
the City Manager requesting that Council convene in a Closed Meeting to discuss
disposition of publicly-owned property, pursuant to Section 2.2-3711 (A)(3), Code of
Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss disposition of publicly-owned property,
pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Wyatt and Mayor Smith---5.
NAYS: None ........................................................................................... -0.
(Council Members Dowe and Harris were absent.)
At 12:20 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in the Emergency Operations Center Conference Room, Room 159, for
a joint meeting of Council with Congressman Bob Goodlatte.
A joint meeting of the Members of Roanoke City Council and Congressman
Bob Goodlatte was called to order on Tuesday, September 3, 2002, at 12:25 p.m., in
the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Ralph K.
Smith presiding.
COUNCIL MEMBERS PRESENT: William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt, and Mayor
Ralph K. Smith .............................................................................................. 7.
ABSENT:None
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Deputy Director of Finance; and Mary F.
Parker, City Clerk.
OTHERS PRESENT: Peter Larkin, Congressman Goodlatte's District Director;
and Thomas A. Dick, City of Roanoke Legislative Liaison.
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The Mayor welcomed Congressman Goodlatte, Mr. Larkin and Mr. Dick to the
meeting and advised that immediately following lunch, the business session would
convene.
The invocation was delivered by Vice-Mayor C. Nelson Harris.
Following lunch, the business session convened at 12:45 p.m.
LEGISLATION-COUNCIL: Congressman Goodlatte expressed appreciation for
the work of City Council and advised that local government serves on the front lines
of politics and should be commended for its work. He stated that he was pleased
to assist with and announce the award of $2 million by the United States Department
of Transportation for the Roanoke Regional Airport to enhance airport security;
however, work needs to be done regarding implementation of more realistic and
practical airport security measures by the Department of Transportation. He
explained that all persons using air service should feel safe; however, the rule
prohibiting parking within 300 feet of the airport created a major expense for airports
while it lasted. He stated that he continues to monitor the progress on 1-81 and 1-73,
and expressed an interest in the public/private partnerships that have been
promoted for 1-81 which have considerable promise in terms of raising additional
revenue to build the roadway more quickly. However, he added that he~ has
expressed a concern to the Governor that if the State places tolls on trucks in a
manner that is too high, a situation could result where businesses will be
discouraged from locating in the Roanoke and Shenandoah Valleys. He referred to
the importance of maintaining a balance in order to be competitive with other major
transportation corridors in the western area of the State, and added that he was not
opposed to the concept, but to the manner in which the tolls will be implemented.
He expressed an interest in improving rail transportation along the 1-81 corridor up
the Shenandoah Valley and down into far southwest Virginia, and advised that the
1-81 corridor is woefully behind most other major transportation corridors in the
country in terms of the percentage of goods transported by rail (six per cent by rail
compared to 94 per cent by trucks, and approximately 13,000 trucks per day go
through the weighing station in Daleville). He stated that many other corridors are
much higher with 25 - 50 per cent of freight being moved by rail; and Norfolk
Southern estimates that as much as 25 per cent of the trucks on 1-81 could be
diverted to rail if a faster system existed. He explained that the rail line for most of
the Shenandoah Valley consists of one track that was built in the 19th century which
does not compete with trucks, and also means that passenger rail service is
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problematic. He called attention to efforts, along with Congressman Rick Boucher,
in support of legislation that provides for involvement by Amtrak in the
TransDominion Express and will ultimately result in Amtrak providing the rolling
stock, but an operating subsidy will be required by the State given the current
situation with Amtrak. He also called attention to efforts to identify funding sources
for restoration of the Roanoke Passenger Rail Station, and an appropriations request
for operating funds this year and for capital funds next year for the City of Roanoke's
new art museum. He stated that he has been working closely with the U. S. Army
Corps of Engineers with regard to the route of the Roanoke River Flood Reduction
Project, in order to review those problems on the second portion of the greenway
from Wasena Park west to the Salem City limits; and while it is commendable that
the initial plan of the Corps of Engineers includes the greenway for five miles from
Wasena Park to the Roanoke County line, and comes very close to the Blue Ridge
Parkway and to Explore Park, it is not an ideal situation unless the greenway
extends across the entire City of Roanoke to link up with the City of Salem's
greenway system. He called attention to the need to obtain reauthorization for
increased costs which is not anticipated to be a problem, although the revised
numbers have not been received from the Corps of Engineers, and following that
action, an announcement could be made that additional Federal dollars could
potentially be awarded to address those two to three difficult spots along the
western portion of the Roanoke River. He referred to the exciting work of the City
of Roanoke Redevelopment and Housing Authority with regard to downtown
apartments and the Lincoln Terrace development which is nearing completion and
represents a remarkable transformation of the area. He spoke in support of screen
doors for Lincoln Terrace residents, and advised that he has corresponded with the
Executive Director of the Roanoke Redevelopment and Housing Authority to express
his concerns.
Council Member Cutler inquired about the status of certain Environmental
Protection Agency grants; whereupon, Congressman Goodlatte advised that he
would obtain additional information and respond at a later date.
Council Member Bestpitch advised that there is a need to overcome the
mentality that Amtrak should be paying for itself which will not happen, and although
he did not have specific suggestions, it would be hoped that something could be
done to encourage persons to think about Amtrak in a different way. Congressman
Goodlatte responded that every form of transportation is subsidized; there are
certain unique problems with the railroad and both air transportation and highway
transportation are subsidized through direct payment by users in the form of a gas
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tax for highways and a ticket tax for airline passengers; and if fuel or tickets
purchased by Amtrak customers were taxed, the cost of riding the rails would
increase. He referred to costs incurred on some of the current Amtrak routes and
referenced the line that extends from Orlando, Florida, to Los Angeles, California,
which is subsidized at $350.00 per passenger. He stated that the current system is
not working as it should and whether it should be reformulated into some other type
of entity is under consideration. In summary, he stated that subsidies for rail service
cannot be eliminated, however, the amount of subsidy is the issue.
Council Member Wyatt expressed appreciation for Congressman Goodlatte's
efforts in regard to telecommunications in Southwest Virginia. Congressman
Goodlatte responded that he encouraged the previous President and the current
President to formulate more of a national policy for the deployment of high speed
Internet access which is vitally important for the future. He stated that he, along with
Congressman Rick Boucher, have supported such legislation, but have been
unsuccessful in persuading the President to focus on the topic, and they have
further suggested that the President stress the importance of broad ban in his State
of Union Address. He added that the major telephone companies have not moved
into this market, their rationale being that they have limited resources which are
placed in those areas that are the most de-regulated and in those areas with the
largest population; however, critics say that the telephone companies are holding
officials hostage in order to get the law changed to make it more profitable for them.
Council Member Dowe inquired about future funding to sustain regional
airport status; whereupon, Congressman Goodlatte expressed disappointment that
the City of Roanoke was not awarded a grant to upgrade air service, and if the
program continues, Roanoke should reapply. He explained that $20 million is
available for 40 airports, with no more than four airports in any one state in the
United States to receive funding, and the City of Lynchburg was the only locality in
the Sixth District that received funding.
The City Manager expressed appreciation to Congressman Goodlatte for his
support of greenways in the Roanoke area. She called attention to the need to
ensure that Congress reauthorizes funding for air service for next year, and
requested the support of Congressman Goodlatte. She explained that airport
applications were evaluated based on those communities that were hardest hit by
the September 11, 2001 aftermath and clearly, the City of Lynchburg airport was
more severely affected than the Roanoke Regional Airport. She stated that
Roanoke's survival from an economic development standpoint is predicated on
improved air service, the City of Roanoke is working diligently in that regard and has
begun the process of involvement by the business community.
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The City Manager advised that the City of Roanoke understands that its future,
in many respects, is tied to the development of Virginia Tech as a major research
university, and Virginia Tech officials have repeatedly stressed the importance of
passenger rail service. She pointed out that the 150t' anniversary of rail in the
Roanoke Valleywill be observed on November 1,2002, with celebratory events to be
conducted throughout the City of Roanoke, and alluded to the possibility of funding
associated with the significance of the event and other types of things that might
provide funding for the O. Winston Link Museum and Passenger Rail Station.
Vice-Mayor Harris commended Congressman Goodlatte on the caliber of his
staff and the service they render to the citizens of the City of Roanoke.
Council Member Carder commended the involvement of Mrs. Goodlatte, a
local attorney, in the Roanoke community.
Council Member Cutler inquired if the Department of Homeland Security has
implemented a grant program to assist with local government public safety
programs; whereupon, Congressman Goodlatte advised that the Federal Emergency
Management Agency (FEMA) has issued grants, and the City of Salem received
$120,000.00 to purchase new equipment. The City Manager advised that the City of
Roanoke has applied for a $600,000.00 grant and is currently waiting for a response
from FEMA.
There being no further business, the Mayor declared the meeting in recess at
1:20 p.m., to be reconvened at 2:00 p.m., in the City Council Chamber.
(At 1:25 p.m., Council convened in Closed Session in the Council's Conference
Room, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke.)
At 2:00 p.m., on Tuesday, September 3, 2002, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the
following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfrerd T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Smith .7.
ABSENT: None .............................................................................-0.
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OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Ann H. Shawver, Deputy Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Maurice D. Diggs,
Worship Ministries Pastor, Parkway Wesleyan Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
PROCLAMATIONS: The Mayor presented a Proclamation declaring
September 12-14, 2002, as United Way - Days of Caring.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
MINUTES: Minutes of the regular meeting of Council held on Monday,
November 6, 2000; 2002-03 Fiscal Year Budget Study Sessions of Council held on
Thursday, May 9, 2002 and Friday, May 10, 2002; and the regular meeting of Council
held on Monday, July 15, 2002, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Harris moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Carder and
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .............................................................................................. 7.
NAYS: None ......................................................................................... 0.
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COMMITTEES-ROANOKE ARTS COMMISSION: A communication from Will
Trinkle tendering his resignation as a member of the Roanoke Arts Commission,
effective immediately, was before Council.
Mr. Harris moved that Council accept the resignation and that the
communication be received and filed. The motion was seconded by Mr. Carder and
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
OATHS OF OFFICE-COMMITTEES-YOUTH-TRANSPORTATION SAFETY-
SCHOOLS: The following reports of qualification were before Council:
Cheryl D. Evans as a member of the Youth Services Citizen Board, for
a term ending May 31, 2003;
Anne F. Harmon as a member of the City of Roanoke Transportation
Safety Commission, for a term ending October 31, 2004; and
Barry W. Baird as a member of the Virginia Western Community
College, Board of Directors, for a term ending June 30, 2006.
Mr. Harris moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................. -7.
NAYS: None .................................................................................... ----0.
REGULAR AGENDA
OATHS OF OFFICE: The Mayor advised that there is a vacancy on the Roanoke
City School Board created by the resignation of William E. Skeen, for a term ending
June 30, 2005. He further advised that the following persons applied for the
position:
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Edna Crabbere
David M. Dabay
John W. Elliott, Jr.
Lewis P. Grogan
William H. Lindsey
Michael W. Ridenhour
Mr. Harris placed in nomination the names of Edna Crabbere, David M. Dabay,
John W. Elliott, Jr., Lewis P. Grogan, William H. Lindsey and Michael W. Ridenhour.
There being no further nominations, William H. Lindsey was appointed as a
Trustee of the Roanoke City School Board, to fill the unexpired term of William E.
Skeen, resigned, ending June 30, 2005, by the following vote:
FOR MR. LINDSEY: Council Members Harris, Wyatt, Bestpitch, Carder,
Cutler and Dowe ............................................................................................ 6.
FOR MS. CRABBERE: None ................................................................... 0.
FOR MR. ELLIOTT: None ........................................................................ 0.
FOR MR. GROGAN: None ....................................................................... 0.
FOR MR. RIDENHOUR: Mayor Smith ...................................................... 1.
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
BUILDINGS/BUILDING DEPARTMENT-BONDS/BOND ISSUES-Y.M.C.A.-
INDUSTRIES: A communication from Alton F. Knighton, Jr., Attorney, representing
the industrial Development Authority of Craig County, requesting adoption of a
measure approving issuance of bonds by the Industrial Development Authority of
Craig County, Virginia, for the benefit of the YMCA of Roanoke Valley, Inc., in the
amount of $9.8 million to construct, renovate and equip two facilities, respectively,
to be located in the City of Roanoke and in the City of Salem, was before the body.
Mr. Dowe offered the following resolution:
(#36049-090302) A RESOLUTION approving a financing by the Industrial
Development Authority of Craig County for the benefit of YMCA OF ROANOKE
VALLEY, INC., to the extent required by Section 147 (f) of the Internal Revenue Code
of 1986, as amended, and concurring with the inducement resolution of said
Authority with respect thereto.
(For full text of Resolution, see Resolution Book No. 66, page 370.)
Mr. Dowe moved the adoption of Resolution No. 36049-090302. The motion
was seconded by Mr. Carder.
Council Member Bestpitch inquired if he is required to abstain from voting
since his spouse is employed by the YMCA of Roanoke Valley Inc.; whereupon,
inasmuch as no City funds are involved, the City Attorney advised that Mr. Bestpitch
would not be required to abstain from voting.
Resolution No. 36049-090302 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CAPITAL IMPROVEMENTS PROGRAM-ROANOKE ARTS COMMISSION-ART
ACQUISITION-SCHOOLS: The City Manager submitted a communication advising
that Council adopted guidelines for a Percent for Art Program on August 19, 1996,
pursuant to Resolution No. 33077-081996; Council engaged in recent discussions
regarding the guidelines at a Financial Planning Session on March 9, 2002, and a
planning workshop on April 29, 2002; and following discussions, City staff was
directed to amend the guidelines to accommodate the following directions from
Council:
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Public art acquired through the Program does not have to be related to
a specific capital project, even though new capital projects eligible for
inclusion in the Program will be used as a basis for determining the
Program's budget.
A comprehensive, detailed plan for enhancing public art should be
developed based on the Program budget and presented to Council for
approval.
Note: The revised guidelines suggest that this Plan should be
developed by the Roanoke Arts Commission, eliminating the need for
a separate Roanoke Percent for Art Committee.
Program funds should not be spent on art projects that may not be in
the overall best interest of the City.
It was further advised that City staff developed and reviewed the proposed
new guidelines with Mark C. McConnel, Chair, Roanoke Arts Commission, and
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, and Dr. Harris
indicated that the Roanoke City Schools would like to participate in the Percent for
Art Program, and asked that the program be designed so that City Council and the
School Board would jointly review and approve the design and acquisition of
artwork for public buildings.
It was explained that revised program guidelines do not incorporate changes
suggested by Mr. McConnel or Dr. Harris at this time, but can be amended to reflect
the wishes of Council; and as reported to Council at its March Financial Planning
Session, the cost to begin implementation of the program is $192,701.00, based on
one per cent of construction cost for eligible capital projects in the Capital
Improvements Program.
The City Manager recommended that Council adopt a resolution approving
revised guidelines for the Percent for Art Program; the Roanoke Arts Commission
will then develop and recommend to the City Manager, by December 31, 2002, a
comprehensive plan for enhancing public art based on a budget of $192,701.00; and
the Plan will be reviewed, modified as necessary, and recommended to Council,
along with a funding recommendation.
Mr. Dowe offered the following resolution.
"A RESOLUTION endorsing a Percent-for-Art Program, and repealing
Resolution No. 33077-081996, adopted on August 19, 1996, which
adopted certain guidelines for the Percent-for-Art Program; and
adopting new guidelines for the Program."
Mr. Dowe moved the adoption of the resolution. The motion was seconded
by Mr. Carder.
Mark C. McConnel, Chair, Roanoke Arts Commission, advised that the Arts
Commission applauds Council for its proactive stance regarding economic
development and quality of life for City residents in directing City staff to revise the
Per cent for Art Program guidelines and funding mechanism. He stated that the Arts
Commission would like to offer amendments to the guidelines offered by City staff,
which amendments serve to clarify the intent and procedures of the guidelines and
bring them more completely into compliance with the intent of staff as expressed in
a letter to Council from the City Manager dated September 3, 2002, and the desiresof
Council as noted in the minutes of Council work sessions conducted in March and
April. He advised that the proposed amendments by the Arts Commission have been
included in the body of the guidelines prepared by City staff and are clearly identified
through underlining and strikethrough. He explained that the Comprehensive Public
Arts Plan required by Council in the new guidelines is currently in its formative
stages and was identified by the Arts Commission as a high priority goal at its recent
planning session. He stated that citizens should be pleased that the intent of the
Arts Commission and the direction it receives from Council are complementary and
together work for the greater benefit of the City of Roanoke.
(See proposed revisions by the Roanoke Arts Commission on file in the City Clerk's
Office.)
The City Manager was requested to respond to the remarks of Mr. McConnell;
whereupon, she advised that City staff was mindful of the direction that was
provided by Council during its Financial Planning Session in which Council
Members indicated that it was not believed that the current guidelines express the
true intent of the Council. She stated that certain changes were made to the City's
draft guidelines as attached to the City Manager's communication; City staff does
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not oppose several of the changes suggested by the Arts Commission, but other
changes may require discussion by Council as to whether Council wants permissive
language or a requirement that certain things will happen as a part of the guidelines.
She advised that her understanding, based on a previous discussion by Council,
was that Council wishes to make decisions as to when and when not to involve the
Arts Commission throughout the process, and City staff will be pleased to make
revisions to the guidelines as deemed appropriate by Council.
Council Member Cutler, Council's liaison to the Roanoke Arts Commission,
advised that Council has received two different versions of the guidelines, and
recommendations submitted by the Arts Commission are too numerous for Council
to review at this time. Therefore, he offered a substitute motion that the proposed
guidelines be referred back to the City Manager for further refinement and, as
Council's liaison to the Roanoke Arts Commission, he volunteered to serve as
coordinator for input by the Members of Council. The substitute motion was
seconded by Mr. Dowe.
Council Member Harris advised that if faced with the decision today of
choosing between the proposed revisions by the City Manager, or the proposed
revisions by the Roanoke Arts Commission, he would favor the City Manager's
proposed revisions for the reason that Council Members have the most interaction
with the City administration and holds staff accountable through the City Manager.
He explained that the City Manager is the appropriate conduit for Council to act
through, whether it pertains to public art, or to any other matter affecting the
business of the City and/or City Council.
Council Member Bestpitch advised that it is hoped, in referring the guidelines
back to the City Manager, that there can be some refining and compromise that will
satisfy the concerns of all parties. He referred to use of the words "may" and "will"
monitor, advising that the action verb is "monitor", therefore, the concern is not
clear. He stated that he might take some exception in the recommended amendment
by the Arts Commission at replacement of the word "design" with "procurement"
and noted that it should be both, "design and procurement", but ultimately City
Council is charged with the responsibility for final approval authorization on both
procurement and design. He added that it is not clear as to what is meant by the
original language that City staffwill review upcoming capital improvements projects
each year and select one or more projects considered to be eligible for inclusion;
and he was of the impression that the purpose of Council's resolution was to
indicate which projects would be eligible for inclusion in the future, so there should
not be an action by staff to decide each year what should or should not be
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considered for inclusion. He added that if the capital improvements program is
submitted to Council each year, Council has the opportunity to decide if it wants to
exclude certain projects and make the annual decision in terms of appropriation of
funds.
Council Member Wyatt advised that the Roanoke Arts Commission performs
a valuable task; however, its responsibilities are advisory to the Council and the
buck stops with City Council. She called attention to certain financial implications
in the guidelines, therefore, it is important that Council, through City staff, play a role
in decision making.
Without objection by Council, the Mayor advised that the proposed guidelines
would be referred back to the City Manager for further refinement.
BUILDINGS/BUILDING DEPARTMENT-BUDGET-PUBLIC WORKS-SCHOOLS:
The City Manager submitted a communication advising that the School
Transportation Facility, now located on Courtland Avenue adjacent to the Public
Works Service Center, needs to be relocated to accommodate construction of the
new stadium/amphitheater; the 27 year old facility will be replaced with a new facility
of like construction; and several options have been explored by City staff in
cooperation with School system officials, including relocation of various City
operations to allow location of the facility on the current Public Works Service
Center site.
It was further advised that the option determined to be the best solution by
City staff and School officials is relocation of the facility to a City-owned site on
Barns Avenue adjacent to the Roanoke Regional Airport; and school officials believe
that the site will offer the following benefits:
Allows for construction of an efficient transportation facility without
access or parking constraints;
Provides quick access to 1-581 and allows the Schools to maintain the
current bus routing system with little or no increase in travel time;
Reduces bus delays caused by traffic congestion;
Offers a future opportunity to relocate the school system's facility
maintenance operations from Reserve Avenue that will be affected by
the Roanoke River Flood Reduction Project; and
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Allows for potential future consolidation of the school system's
transportation, facility maintenance, warehousing, and food service
operations at one location, resulting in future operational savings.
It was noted that costs of relocating the School Transportation facility to either
the Barns Avenue site, or the Public Works Service Center site, are essentially the
same.
It was explained that the project is estimated to cost $1,226,970.00 and will be
a "design to budget" project to mitigate the possibility of cost overruns; school
officials will engage an architectural firm of their choosing to design the project, but
City Engineering Division staff will be responsible for overall project management
to ensure that the project is constructed in time to allow relocation of the current
facility no later that spring break 2003; and school officials have agreed to contribute
$226,970.00 to fund the project, with the City funding the remaining $1,000,000.00 in
project cost.
., The City Manager recommended that Council appropriate $1,000,000.00 from
the following source to a new capital project account to be created by the Director
of Finance entitled, "School Transportation Facility":
Capital Project Fund Undesignated Fund Balance
$1,000,000.00
(Note: This one-time funding is available due to the
administrative hold placed on non-critical capital
expenditures during FY 2002 and the close-out of several
other completed capital projects.)
The School Board will request Council to appropriate its $226,970.00 share of project
cost at a future date.
Mr. Dowe offered the following ordinance:
(#36050-090302) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects and School Capital Projects Funds Appropriations,
and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 372.)
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Mr. Dowe moved the adoption of Ordinance No. 36050-090302. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .7.
NAYS: None ........................................................................................ -0.
MUNICIPAL BUILDING: The City Manager submitted a communication advising
that replacement of the main roof, Municipal Building South, consists of removal of
roofing materials and insulation (down to the structural deck) over the fourth and
fifth floors mechanical room of Municipal Building South; and both areas are to be
replaced with tapered insulation and a 60 mil EPDM roof membrane.
It was further advised that after proper advertisement, six bids were received
on August 1,2002, with John T. Morgan Sheet Metal Co., Inc., submitting the Iow bid,
in the amount of $125,893.00, and construction time of 45 consecutive calendar
days.
It was stated that total funding for the project is $127,500.00; additional
funding in excess of the contract amount will be used for miscellaneous project
expenses, including advertising, reproduction of contract documents and project
contingency; and funding is available in Facilities Management, Account No.
001-440-4330-3057.
The City Manager recommended that Council accept the bid of John T. Morgan
Sheet Metal Co., Inc., in the amount of $125,893.00, with 45 consecutive calendar
days of contract time; and that all other bids received by the City be rejected.
Mr. Dowe offered the following ordinance:
(#36051-090302) AN ORDINANCE accepting the bid of John T. Morgan Sheet
Metal Co., Inc., for roof replacement of the fourth floor and the fifth floor mechanical
room of the Municipal Building South, upon certain terms and conditions and
awarding a contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the City for the
work; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 373.)
17
Mr. Dowe moved the adoption of Ordinance No. 36051-090302. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
INSURANCE-CITY EMPLOYEES-SCHOOLS: The City Manager submitted a
communication advising that dental insurance for government and school
employees has been provided by Delta Dental Plan of Virginia to the Roanoke Valley
Consortium (RVC) since 1998; plan participants within the RVC for dental coverage
include the City of Roanoke, Roanoke County Government, Roanoke County Schools
and the Roanoke Regional Airport; and at the direction of participating members of
RVC, Palmer& Cay Consulting Group (PCCG) solicited competitive proposals for the
dental plan.
It was further advised that of the 11 carriers that received the request for
proposals, the following four proposals were received and evaluated by P~-CG:
carriers were CIGNA, Delta Dental, MetLife and United Concordia; increased
premium rates for coverage initially ranged from 4.7 per cent to 23 per cent; CIGNA
and MetLife were eliminated due to pricing and plan design; and United Concordia's
proposal offered an additional orthodontia benefit, but its overall dental network was
limited and the orthodontia benefit would significantly increase costs in future years.
It was explained that Palmer and Cay Consulting Group recommends that the
Roanoke Valley Consortium renew the contract with Delta Dental Plan of Virginia
which includes a rate increase of 4.4 per cent, effective January 1, 2003, with rate
caps of five per cent for 2004 and six per cent for 2005; the recommendation has
been reviewed with the Employee Benefits Committee which concurred in the
recommendation; funding adopted within existing departmental accounts as part of
the fiscal year 2003 budget process is available to cover anticipated departmental
costs for the remainder of the fiscal year; and future budget adoption procedures
will provide funding for years beyond fiscal year 2003.
The City Manager recommended that Council approve renewal of the contract
with Delta Dental Plan of Virginia.
Mr. Dowe offered the following resolution:
18 -
(#36052-090302) A RESOLUTION authorizing the execution of a contract and
related documents with Delta Dental Plan of Virginia to provide group dental
insurance for employees of the City and members of their families.
(For full text of Resolution, see Resolution Book No. 66, page 375.)
Mr. Dowe moved the adoption of Resolution No. 36052-090302. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
SEWERS AND STORM DRAINS-WATER RESOURCES: The City Manager
submitted a communication advising that bids were received on July 1, 1999, to
properly remove, transport and dispose of lagooned bio-solids by land application;
and Robinson Pipe Cleaning Co. submitted the Iow bid of $84.47 per dry ton, with a
minimum of 10,000 dry tons and a maximum of 12,000 dry tons, commencing
October 1, 1999.
It was further advised that in the one year contract, the City reserved the right
to extend the contract each year for up to a total of five years; the contract has been
extended by the City twice, most recently from October 1,2000, through September
30, 2001, at a unit price of $87.57 per dry ton; Robinson Pipe Cleaning Co. agreed to
continue its 2000-2001 cost per dry ton of $87.57 for the 2001-2002 contract year
from October 1,2001 to September 30, 2002, and the City extended the contract for
an additional year; the quantity of bio-solids for the 2001-2002 year was for 8,000 dry
tons minimum to 10,000 dry tons maximum, a reduction of 2,000 dry tons from the
2000-2001 year extension, which was due to administrative cost saving measures
at the Water Pollution Control Plant; and the City now wishes to extend the contract
to a fourth year, from October 1,2002 to September 30, 2003, with an increase in the
cost per dry ton based on the June 2002 Philadelphia Office Consumer Price Index,
as provided in the contract.
It was stated that the third amendment to the contract with Robinson Pipe
Cleaning Co. will be at a unit price per dry ton of $89.66, with a minimum of 8,000 dry
tons, or $717,280.00; and a maximum of 10,000 dry tons, or $896,600.00; base
contract will be for 8,000 dry tons, with additional tonnage up to the 10,000 dry tons
19
maximum being approved monthly by administrative change order; and funding is
available in Sewage Fund Administration - Fees for Professional Services, Account
No. 003-510-3150-2010 for fiscal year 2003, with fiscal year 2004 funding to be
provided during the annual budget process in the same account.
The City Manager recommended that she be authorized to enter into an
amendment for a one year extension from October 1, 2002 through September 30,
2003, of the contract with Robinson Pipe Cleaning Co. to remove and properly
dispose of a minimum of 8,000 dry tons and a maximum of 10,000 dry tons of
lagooned bio-solids from the existing five lagoons at the Water Pollution Control
Plant, at a unit price of $89.66 per dry ton, with the cost of 8,000 minimum dry tons
to be $717,280.00 and 10,000 maximum dry tons at $896,600.00.
Mr. Dowe offered the following ordinance:
(#36053-090302) AN ORDINANCE authorizing execution of an amendment
extending for an additional term of one year a contract with Robinson Pipe Cleaning
Co. for removing, transporting and disposing of digested lagooned bio-solids from
the City's Water Pollution Control Plan; and dispensing with the second reading by
title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 376.)
Mr. Dowe moved the adoption of Ordinance No. 36053-090302. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .............................................................................................. 7.
NAYS: None .......................................................................................... 0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS-BUDGET: The Director
of Finance submitted the Financial Report for the City of Roanoke for the month of
July, 2002.
There being no questions and without objection by Council, the Mayor advised
that the Financial Report would be received and filed.
20
REPORTS OF COMMITTEES:
BONDS/BOND ISSUES-SCHOOLS: A communication from George J. A. Clemo,
Attorney, representing the Roanoke City Public Schools, advising that in October,
2001, at the request of the Roanoke City School Board, Council adopted Resolution
No. 35606-101801 authorizing the School Board to rehabilitate the present school
building at Lincoln Terrace Elementary School, authorizing an application to be filed
with the Virginia Department of Education seeking an allocation of authority to issue
qualified zone academy bonds ("QZABs") to finance a portion of the rehabilitation,
and authorizing publication of a notice of public hearing to be held in connection
with the proposed bond issuance; however, after extensive inquiry, the school
system was at that time unable to find a buyer for the bond; and consequently, the
public hearing, which was scheduled for November 5, 2001, was withdrawn from the
Council's docket, was before the body.
It was further advised that under applicable rules, the preliminary allocation
by the Virginia Department of Education of $800,000.00 in qualified zone academy
bond issuance authority to the project was carried over to the year 2002;
additionally, upon further inquiry, it appears that the Bank of America is prepared to
purchase the proposed qualified zone academy bond; accordingly, the Roanoke City
Schools request that Council again authorize publication of notice of public hearing
on the proposed bond issuance, to be held at the Tuesday, October 15, 2002,
meeting, and immediately following the public hearing, adoption by Council of a
resolution approving final details of the bond and its issuance is requested.
Mr. Dowe offered the following resolution:
(#36054-090302) A RESOLUTION (i) stating the intent of the City of Roanoke,
Virginia (the "City) to issue "qualified zone academy bonds" and other debt
obligations to finance the rehabilitation, repair and/or equipping of the present
school building at Lincoln Terrace Elementary School; and (ii) authorizing and
directing publication of a notice of public hearing to be held in connection with the
proposed qualified zone academy bond issuance.
(For full text of Resolution, see Resolution Book No. 66, page 377.)
Mr. Dowe moved the adoption of Resolution No. 36054-090302. The motion
was seconded by Mr. Carder and adopted by the following vote:
21
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................. -7.
NAYS: None ......................................................................................... 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
CITY COUNCIL-NATIONAL LEAGUE OF CITIES: Mr. Cutler offered the
following resolution designating William H. Carder as Voting Delegate and M. Rupert
Cutler as Alternate Voting Delegate for the Annual Business Meeting of the National
League of Cities to be held on Saturday, December 7, 2002, in Salt Lake City, Utah:
(#36055-090302) A RESOLUTION designating a Voting Delegate and Alternate
Voting Delegate for the Annual Business Meeting of the National League of Cities.
(For full text of Resolution, see Resolution Book No. 66, page 379.)
Mr. Cutler moved the adoption of Resolution No. 36055-090302. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
SPECIAL EVENTS: Council Member Carder, Chair, Taste of the Blue Ridge
Blues and Jazz Festival, presented tee-shirts and information regarding activities
which will be held on September 13-15, 2002.
22
DECEASED PERSONS: Council MemberWyatt called attention to the death of
Mr. Terrance Tootoo, a member of the Roanoke Express hockey team, on Thursday,
August 29, 2002. She advised that a memorial service will be held at the Roanoke
Civic Center on Wednesday, September 4, 2002, and asked that a proclamation in
memory of Mr. Tootoo be presented by the Mayor's Office.
FIRE DEPARTMENT: Council Member Cutler congratulated the City of
Roanoke Fire Department upon achieving national accreditation by the Commission
on Fire Accreditation International, Inc.
TRAFFIC-ROANOKE NEIGHBORHOOD PARTNERSHIP: Council Member Cutler
advised that the Roanoke Neighborhood Partnership Steering Committee will host
a presentation by lan Lockwood, Senior Transportation Engineer for Glatting
Jackson Kercher Anglin Lopez Rinehart, Inc., with regard to traffic calming, on
Thursday, September 19, 2002, at 6:30 p.m., at the Lucy Addison Middle School
Auditorium.
SPECIAL EVENTS: The Mayor called attention to a tribute to Don Reno and
Red Smiley, former citizens of Roanoke who were influential in country music, on
September 14, 2002. For more information regarding the event, he encouraged that
citizens telephone the Mayor's Office.
DECEASED PERSONS: Council Member Dowe called attention to the death of
Ms. Grace Taubman, a long time resident of the City of Roanoke, and asked that the
Taubman family be remembered in prayer.
DIRECTOR OF FINANCE-OATHS OF OFFICE-CITY CLERK-CITY ATTORNEY-
MUNICIPAL AUDITOR: The Mayor advised that the two year terms of office of
William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Troy A.
Harmon, Municipal Auditor; and Mary F. Parker, City Clerk, will expire on
September 30, 2002.
Ms. Wyatt moved that William M. Hackworth, City Attorney; Jesse A. Hall,
Director of Finance; Troy A. Harmon, Municipal Auditor; and Mary F. Parker, City
Clerk, be reappointed for terms of two years, each, commencing October 1,2002 and
ending September 30, 2004. The motion was seconded by Mr. Carder and
unanimously adopted.
23
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response, report and
recommendation to Council.
TRAFFIC-COMPLAINTS: Mr. Leon Whitmer, 106 Trinkle Avenue, N. E.,
presented a petition signed by 102 citizens requesting removal of signs that prohibit
left turns on Williamson Road, Preston Avenue, Trinkle Avenue and Christian Avenue
between the hours of 9:00 p.m. and 3:00 a.m. He referred to a suggestion offered by
an interested citizen that teenagers violating the no left turn signs and the no
trespassing signs be given a ticket and required to attend court with their parent
and/or guardian, and that they be required to provide a certain number of hours of
community service on a weekend, in lieu of paying a cash fine.
Council Member Wyatt advised that the goal of Council is to solve the problem
of cruising on Williamson Road and not create more problems for the community.
She stated that the City of Roanoke is willing to look at ways to address the cruising
issue and to balance competing neighborhood, business and community needs.
Council Member Carder advised that the City of Roanoke has placed a "band
aid" on the situation and needs to review the root causes of the problem. He
referred to the Williamson Road Corridor Plan that addresses many of the issues of
Williamson Road in terms of traffic calming and how to slow down traffic to the point
where cruising is no longer a fun activity. He stated that the challenge is: what is
Williamson Road supposed to be as a community, how to move forward with traffic
calming, and how to make Williamson Road more pedestrian friendly and eliminate
cruising.
The City Manager advised that the City of Roanoke took the least offensive
approach to cruising, as recommended by the Streets and Traffic Division and the
Police Department, by installing no left turn signs and no trespassing signs. She
concurred in Mr. Carder's comment with regard to the need to address the problem
and not the symptoms. She stated that a number of young people who cruise in the
City of Roanoke are not residents of the City, but come from outlying areas,
therefore, the region needs to look at developing alternate outlays for activities for
young people on weekends.
TAXES: Mr. Ralph Hayes, 2132 Carver Avenue, N. E., addressed the tobacco
tax, and advised that the tobacco tax is bad for the economy and some citizens
cannot afford to pay the additional tax. He inquired as to how funds derived from
tobacco settlements and the lottery have been used.
24
CITY MANAGER COMMENTS:
WATER RESOURCES: The City Manager advised that the Governor has
declared a drought emergency throughout the Commonwealth of Virginia and has
imposed a number of restrictions on localities; however, it is not anticipated that
there will be additional restrictions on residents of the City of Roanoke at this time
due to previous restrictions authorized by Council. She advised that the new Muse
Spring well is on line and operating as of this afternoon.
DECEASED PERSONS-ACTS OF ACKNOWLEDGEMENT: The City Manager
called attention to numerous activities which have been planned for citizens of the
community on September 11 in memory of the events and those persons who lost
their lives on September 11, 2001.
(At this point Vice-Mayor Harris left the meeting.)
At 3:05 p.m., the Mayor declared the meeting in recess to be reconvened in
Closed Session in the Council's Conference Room.
At 3:30 p.m., the meeting reconvened in the Council Chamber, with all
Members of the Council in attendance, with the exception of Mayor Smith, Vice-
Mayor Harris and Council Member Wyatt.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Dowe
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler and Dowe .................... -4.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
(Mayor Smith and Council Member Wyatt were not in the Council Chamber when the
vote was recorded.)
25
COMMITTEES-SPECIAL EVENTS: The Mayor advised that the term of office of
Wanda E. English as a member of the Special Events Committee expired on June 30,
2002, and called for nominations to fill the vacancy.
Mr. Carder placed in nomination the name of Wanda E. English.
There being no further nominations, Ms. English was reappointed as a
member of the Special Events Committee, for a term ending June 30, 2003, by the
following vote:
FOR MS. ENGLISH: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt
and Mayor Smith ............................................................................................ 6.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY
AUTHORITY: The Mayor advised that the terms of office of William D. Bestpitch and
Elizabeth A. Neu as members of Virginia's First Regional Industrial Facilities
Authority, will expire on September 24, 2002, and called for nominations to fill the
vacancies.
Mr. Carder placed in nomination the name of William D. Bestpitch and
Elizabeth A. Neu.
~'- There being no further nominations, Mr. Bestpitch and Ms. Neu were
reappointed as members of Virginia's First Regional Industrial Facilities Authority,
for terms ending September 24, 2006, by the following vote:
FOR MR. BESTPITCH AND MS. NEU: Council Members Bestpitch, Carder,
Cutler, Dowe, Wyatt and Mayor Smith .............................................................. 6.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-HOUSING/AUTHORITY: The Mayor advised that there is a
vacancy on the Fair Housing Board created by the resignation of Bruce L. Robinson
and called for nominations to fill the vacancy.
Mr. Carder placed in nomination the name of Raymond Debose, Jr.
26
There being no further nominations, Mr. Debose was appointed as a member
of the Fair Housing Board, for a term ending March 31,2003, by the following vote:
FOR MR. DEBOSE: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt
andMayorSmith ....................................................................................... : .... 6.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-TRAFFIC: The Mayor advised that there is a vacancy on
the City of Roanoke Transportation Safety Commission to fill the unexpired term of
Jerry W. Caldwell, ending October 31, 2004, and called for nominations to fill the
vacancy.
Mr. Bestpitch placed in nomination the name of Ben A. Burch, II1.
There being no further nominations, Mr. Burch was appointed as a member
of the City of Roanoke Transportation Safety Commission, for a term ending
October 31, 2004, by the following vote:
FOR MR. BURCH: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt
and Mayor Smith ............................................................................................ 6.
(Vice-Mayor Harris was absent.)
COMMITTEES-WAR MEMORIAL: The Mayor advised that there is a vacancy on
the War Memorial Committee (City Manager's designee), and called for nominations
to fill the vacancy.
Mr. Bestpitch placed in nomination the name of Philip C. Schirmer.
There being no further nominations, Mr. Schirmerwas appointed as a member
of the War Memorial Committee, for a term ending June 30, 2003, by the following
vote:
FOR MR. SCHIRMER: Council Members Bestpitch, Carder, Cutler, Dowe, VVyatt
and Mayor Smith ........................................................................................... -6.
(Vice-Mayor Harris was absent.)
27
Them being no further business, the Mayor declared the meeting adjourned
at 3:35 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
28
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 16, 2002
2:00 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
September 16, 2002 at 2:00 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter
2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meetinqs, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Smith ............................................................................................... 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Pamela P. Crump,
Pastoral Assistant for Christian Education, High Street Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS: The Mayor presented a proclamation declaring the week
of September 15 - 21, 2002, as National Rehabilitation Awareness Week.
29
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
MINUTES: Minutes of the special meetings of City Council held on Friday,
July 26, 2002, and Tuesday, July 30, 2002; the regular meeting of City Council held
on Monday, August 5, 2002; and a meeting of the Roanoke City Council Persc, nnel
Committee held on Thursday, August 8, 2002, were before the body.
Mr. Dowe moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Cutler and
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting a Closed Meeting to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended, was before the body.
Mr. Dowe moved that Council concur in the request of the Mayor to convene
in Closed Session. The motion was seconded by Mr. Cutler and adopted by the
following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
30 -
OATHS OF OFFICE-HUMAN DEVELOPMENT-COMMITTEES-
HOUSING/AUTHORITY-YOUTH-FIFTH PLANNING DISTRICT COMMISSION-
SCHOOLS: The following reports of qualification were before Council:
M. Rupert Cutler as a member of the Roanoke Valley-Alleghany
Regional Commission, for a term ending June 30, 2005;
F. B. Webster Day as a Trustee of the Roanoke City School Board, to fill
the unexpired term of Sherman P. Lea, resigned, ending June 30, 2003;
and William H. Lindsey as a Trustee of the Roanoke City School Board,
to fill the unexpired term of William E. Skeen, resigned, ending June 30,
2005;
Abbi Fitzpatrick as a member of the Youth Services Citizen Board, for
a term ending May 31, 2005;
Christie L. Meredith and Beverly T. Fitzpatrick, Jr., as Commissioners
of the City of Roanoke Redevelopment and Housing Authority, for terms
ending August 31, 2006; and
Margaret C. Thompson as a member of the Human Services Committee,
for a term ending June 30, 2003.
Mr. Dowe moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
ELECTIONS-CITY COUNCIL: A communication from Council Member
William D. Bestpitch with regard to a new project sponsored by The Sorensen
Institute for Political Leadership and the Virginia Ethics Forum promoting
development of Codes of Conduct in Congressional races across the
Commonwealth of Virginia, was before Council.
Mr. Bestpitch advised that he requested the City Attorney to prepare a
measure commending the Sorensen Institute for Political Leadership and the
Virginia Ethics Forum for their initiative and work on the Codes of Conduct Project
in Virginia, which encourages Congressional candidates to develop and sign a Code
of Conduct.
Mr. Bestpitch offered the following resolution:
(#36056-091602) A RESOLUTION commending the Sorensen Institute for
Political Leadership and the Virginia Ethics Forum for their initiative and work on the
Codes of Conduct Project in Virginia.
(For full text of Resolution, see Resolution Book No. 66, page 380.)
Mr. Bestpitch moved the adoption of Resolution No. 36056-091602. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
BUDGET-VlRGINIATRANSPORTATION MUSEUM-TRANSPORTATION SAFETY-
ECONOMIC DEVELOPMENT-RAIL SERVICE: Kay Strickland, Executive Director,
Virginia Museum of Transportation, and a Member of the Committee to Advance the
TransDominion Express, presented an update of the past year. She advised that the
proposed route for the TransDominion Express spans Virginia from Bristol on the
Tennessee border through Roanoke, to Lynchburg where the corridor forks, to
Charlottesville, Alexandria, and Washington, D. C. to the north, and from Farmville
and Richmond to the east, or a total of seven manned and 12 unmanned stations
which serve the 530 mile route, eight of which currently serve Amtrak passenger
stations. She stated that funding from the Virginia Department of Transportation's
Enhancement Program, ISTEA, helped restore train depots in several key locations,
which include Alexandria, Culpepper, Orange, Charlottesville, Lynchburg, Farmville
and Pulaski. She advised that Roanoke and Bristol are currently renovating their
historical rail depots, as is Richmond's Main Street; endorsements for the
32 -
TransDominion project have come from over 140 cities, counties, colleges and
Chambers of Commerce, including Roanoke City, and many have provided support
money to communicate with the project's support base and legislators. She
explained that the project was included in the Transportation Act of 2000 and the
legislature adopted $9.3 million for initial capital needs of the TransDominion
Express, and Congressman Bob Goodlatte and Congressman Rick Boucher were
successful in inserting language in the Transportation Appropriations Conference
Report for fiscal year 2001 which directs Amtrak to work with the Commonwealth of
Virginia in launching the TransDominion Express. She stated that Amtrak has
agreed to work with the Commonwealth of Virginia in the formulation of an operating
agreement and capital cost sharing agreement which will allow Virginia to use
Amtrak bulk buying power to acquire passenger cars and locomotives and
designate Amtrak to be the operator of the service. She advised that the
Commonwealth of Virginia is also addressing three concerns that have been
articulated by Norfolk Southern; i.e.: liability, fair compensation for use of its tracks,
and not impeding its freight service. She further advised that in June 2002, the
TransDominion Express Committee hosted the Virginia House Appropriations
Committee on a trip to Portland, Oregon, and Seattle, Washington, and not only did
legislators meet with City and State officials regarding transportation issues, they
experienced the Cascade Rail Service which is similar to what is proposed for
Roanoke. She explained that the Cascade Rail Service began in 1993, ridership
has grown to 600,000 and is estimated to grow to 2.2 million by the year 2018, and
it is also estimated that one half of the riders on the Cascade service are tourists.
She noted that seven of the top ten tourist attractions in Virginia are located along
the TransDominion Express corridor; and service in Virginia would provide a link to
urban and rural communities across the state for college students, business
travelers and tourists. She advised that passenger rail service in Virginia is feasable
because it uses existing tracks, links to high speed service in Washington, D.C. and
Richmond, Virginia, is cost effective, and Virginians will support the service. She
stated that the House Appropriations Committee is looking at ways to find a creative
funding mechanism and overcoming certain other objections, because it is not
merely a transportation issue, but a multi-faceted quality of life and economic
development issue. She advised that the success of passenger rail service doe~ not
solely fall on the shoulders of the Virginia Department of Transportation, the
Department of Rail and Public Transportation, or Amtrak, and the Roanoke
community must view itself as a stakeholder in the process. To that end, she stated
that the TransDominion Express Committee will begin making presentations in all
of the communities in the following year to encourage that they take advantage of
this transportation option as a part of their community and economic development
strategy, and it is hoped that the City of Roanoke will become a financial stakeholder
in the TransDominion Express.
33
Robert B. Manetta, a participant in the Portland/Seattle trip, encouraged the
City of Roanoke to appoint a staff person to work with the Committee to Advance the
TransDominion Express.
The City Manager advised that once the designation was made of the former
passenger rail station to serve as the official designated station for the future, the
purpose of the Council-Appointed Passenger Rail Service Committee ended. She
further advised that she was not aware of an official request for financial support.
She called attention to a regional economic development strategy which has been
approved by all of the jurisdictions in the area, and the need for passenger rail
service was identified as one of the economic development strategies. She stated
that a City staff person will be assigned to work with the TransDominion Express
Committee as requested by Mr. Manetta.
Following further discussion, it was the consensus of Council to refer the
matter to the City Manager for report and to fiscal year 2003-04 budget study for
consideration.
BUDGET-SCHOOLS- LEGISLATION: Diane Price, UniServe Director, Roanoke
Education Association (REA), appeared before Council in connection with the
underfunding crisis as a result of the General Assembly not providing adequate
funds for quality education. She requested that Council adopt a measure in support
of a resolution adopted by the Virginia Education Association (VEA), and join with
many other stakeholders in the Commonwealth of Virginia to point out that there is
a serious underfunding issue which needs to be addressed by the General
Assembly. She called attention to a campaign sponsored by the VEA, "Brighter
Futures for Virginia's Children", which is in its second year, that addresses the
importance of quality programs, quality teachers and quality funding. She advised
that within the Commonwealth of Virginia, there is a discrepancy between what
localities can afford to do for their children and what Standards of Quality (SOQ)
funding allows localities to do, and currently the Standards of Quality. are
underfunded by approximately one billion dollars. She stated that the
Commonwealth of Virginia is fortunate in that it has a wealth of personal resources
and it is necessary to make a decision to commit those resources to providing
brighter futures for the children of Virginia. She explained that Virginia ranks 46th
in tax burden on personal income, while it is 12th in the nation for personal income;
disproportionately, Virginia ranks 40th in what its legislature chooses to spend on
educating its children; and Virginia continues to lag almost $3,000.00 behind the
national average in teacher salaries. She advised that revenue sources must be
identified in order to adequately fund education, and while some areas of
government have received an increase in spending, education has not received its
fair share, with general government increasing by eight per cent, administration of
34 -
justice increased by 4.4 per cent, and education increased by only 2.2 per cent in
the past 20 years, which is not sufficient to meet the growing demands of the School
system in Roanoke, or other school systems in the Commonwealth of Virginia. She
advised that if education is truly a top priority of the General Assembly, now is the
time to convince the General Assembly to take action; and a strong argument can
be made for the children of Roanoke, as well as for the children of the
Commonwealth of Virginia. She stated that the REA plans to make business
contacts, to foster more and improved business partner relationships, and to
encourage business representatives to contact their state legislators. She called
attention to surveys conducted by various organizations, including the VEA, which
demonstrate that the public is in favor of increased State funding, fixing the
deflawed SOQ formula, and voters in the Commonwealth of Virginia and in the City
of Roanoke overwhelmingly support public schools. She stated that local busi,~ess
persons will be encouraged to contact legislators in support of the "Brighter
Futures Campaign" and an increase in State funding for education, while stressing
that education be considered as a top priority. In summary, she advised that the
Standards of Quality funding, in its present form, is not sufficient to meet the needs
of Virginia's children and its schools; therefore, it is requested that City Council
help in efforts to provide smaller class sizes, a sufficient number of resource
teachers, plentiful supplies and materials, effective professional development,
adequate technology, and teacher salaries at or above the national average. She
requested that Council join with the Roanoke Education Association and the Virginia
Education Association in their state-wide efforts to encourage the General Assembly
to provide its fair share of education funding and to ensure brighter futures for the
children of the City of Roanoke and throughout the Commonwealths of Virginia.
Council Member Carder, Chair of the Legislative Committee, advised that one
of the reasons that the City's proposed 2003 Legislative Program was sent tn the
Roanoke Education Association and to others was to generate a ground swell of
grass roots support during the 2003 Session of the General Assembly, in an effort
to politically push legislators to deal with the revenue issue. He stated that it is
hoped when the City's 2003 Legislative Program is completed, the REA and others
will join the City of Roanoke in asking that cities be empowered with the ability to
control their own destinies, or that the General Assembly step up to the plate and
do its fair share.
It was the consensus of Council to refer the resolution adopted by the Virginia
Education Association establishing the educational funding crisis in the
Commonwealth of Virginia as the VEA's first priority, to the City Attorney for
preparation of the proper measure for consideration by Council at its next regular
meeting on Thursday, October 3, 2002, at 2:00 p.m.
35
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
ZONING-NEIGHBORHOOD ORGANIZATIONS-COMMUNITY PLANNING: The
City Manager submitted a communication advising that the Code of Virginia
provides for local establishment of Rehabilitation Districts by City Council resolution
in Section 36-52.3; establishment of Rehabilitation Districts permits the City of
Roanoke and the City of Roanoke Redevelopment and Housing Authority to
implement housing programs such as Rental Inspections and rehabilitation
programs; in addition, it permits the City to establish Neighborhood Design District
regulations in the Zoning Ordinance pertaining to new construction and additions
to existing structures; and programs are limited to core areas of the City that are
designated as Conservation Areas, Redevelopment Areas, or Rehabilitation Districts.
It was further advised that staff recommends expansion of the existing
Rehabilitation District in the northern part of the Melrose-Rugby neighborhood,
which expansion was recommended in the Melrose-Rugby Neighborhood Plan,
adopted by Council on June 18, 2001; and the Plan's residential development
strategy recommends that the City "extend the Rehabilitation District north to
include Andrews Road, Cove Road, Syracuse Avenue, Grayson Avenue and Thomas
Avenue." '~
The City Manager explained that the Code of Virginia requires that a proposed
Rehabilitation District meet two criteria: first, the area must be adjacent to a
Conservation Area, and second, the area must show that it is likely to deteriorate
if not rehabilitated; the Melrose-Rugby area meets both criteria and the first criterion
is met because the existing Rehabilitation District, which is adjacent to a
Conservation Area, would simply be expanded; the second criterion is met because
the area (including the area for expansion) shows continued potential for
deterioration; the neighborhood has a lower owner-occupancy rate (50.5%) than the
City (56.6%), and approximately one quarter of income by residents is below the
poverty level; in addition, the median house value is $10,700.00 lower than the City
median, which statistics indicate a housing tenure type, income level, and
comparative value of housing that could have adverse impacts on continued
housing maintenance activities and resulting loss of competitive market position of
the neighborhood in relation to the City and the region unless specific public actions
are not initiated.
36 -
It was advised that code enforcement records of the Department of Housing
and Neighborhood Services indicate that over 300 properties in the entire
neighborhood have been the subject of code enforcement activities, which is
approximately one-fifth of all dwelling units; the northern portion of the Melrose-
Rugby neighborhood contains a large amount of vacant land and overall vacant
housing units are estimated to be just under ten per cent for the entire
neighborhood, which indicates that the area has a high potential for infill housing
development and continued rehabilitation activities under specific programmatic
activities and guidelines that can be broadened through expansion o~' the
rehabilitation district; to carry out the Melrose-Rugby Neighborhood Plan
recommendations for continued focus on housing rehabilitation and encouraging
well-designed market rate infill housing, the existing rehabilitation district should
be expanded, and the Neighborhood Design District standards of the Zoning
Ordinance should be implemented in the rehabilitation district, including the portion
proposed for expansion.
The City Manager recommended that Council adopt a resolution to expand the
Rehabilitation District in the Melrose-Rugby neighborhood.
Mr. Carder offered the following resolution:
(#36057-091602) A RESOLUTION expanding the Melrose rehabilitation district
in the vicinity of the Melrose-Rugby Neighborhood.
(For full text of Resolution, see Resolution Book No. 66, page 381.)
Mr. Carder moved the adoption of Resolution No. 36057-091602. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................................... 7.
NAYS: None ......................................................................................... 0.
ZONING-CITY CODE-TECHNOLOGY ZONE: The City Manager submitted a
communication advising that in 1995, the Code of Virginia was amended to allow
local governments the opportunity to create local technology zones which may be
created for a period of up to ten years and may allow localities to provide various
economic incentives to businesses; both the City of Roanoke's Comprehensive Plan
Vision 2001-2020 and the Outlook Roanoke Update recommend the establishment
of a technology zone within the City of Roanoke that will provide special incentives
to attract, retain, and grow technology businesses; and the primary areas that have
been identified for technology business growth include the Downtown and South
Jefferson Redevelopment areas.
37
It was further advised that earlier this year, the City's Department of Economic
Development completed an evaluation of other technology zone programs around
the Commonwealth of Virginia; in addition, City staff met with existing technology
businesses to gain further insight as to what incentives would better attract or retain
technology firms; and the Department of Economic Development concluded that a
technologyzone should be established within the City, thereby offering the following
economic incentives to qualifying technology businesses:
Telecommunication Connection Fee Grant: (i.e. Fiber Optics, Data)-
Qualified technology businesses may receive a one-time
telecommunication connection fee grant, equal to 50 per cent of the
actual costs spent by such business to obtain telecommunication
services to its location, not to exceed $1,000.00 per grant.
Capital Investment Grants: A capital investment grant may be provided
to qualified technology businesses. The grant is based on the net
increase in new investment made within the technology zone. The grant
is calculated on the net qualifying increase in business personal
property (including tangible personal property and machinery and
tools) and real estate taxes paid by a qualified technology business.
The grant is equal to 50 per cent of the net increase in such taxes
actually paid by the technology business and which increase resulted
from a qualified technology business' new investment in business
personal property and real estate improvements.
It was stated that the above referenced grants will be administered through
the Industrial Development Authority of the City of Roanoke with funds provided by
the City; incentives are based on a technology company's creation of new, full time
job positions and new capital investment within the technologyzone; establishment
of the technology zone requires that Council adopt a measure to add Chapter 32.1,
Technology Zone, to the Code of the City of Roanoke (1979), as amended; funding
for technology zone incentives will be necessary until the end of the life of the
technology zone, September 30, 2012; since incentives are based upon new net
revenue to the City, funding for such incentives will be provided by revenues
generated from technology investments, and required funding will be annually
appropriated through the life of the technology zone based on revenues achieved.
The City Manager recommended that Council amend the Code of the City of
Roanoke (1979), as amended, to add Chapter 32.1, Technology Zone, and further
authorize the City Manager to take such further action and to execute such
additional documents as may be necessary to obtain or confirm such local
incentives and to establish appropriate rules and regulations to implement and
administer local incentives.
38
Mr. Carder offered the following ordinance:
(#36058-091602) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by the addition of a new Chapter 32.1, Technology Zone, to
provide for the establishment of a technology zone within the City to provide certain
incentives for certain qualified businesses; and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 386.)
Mr. Carder moved the adoption of Ordinance No. 36058-091602. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .............................................................................................. 7.
NAYS: None ........................................................................................... 0.
DONATIONS/CONTRIBUTIONS-EMERGENCY MEDICAL SERVICES: The City
Manager submitted a communication advising that previously, the City donated an
out of service 1991 Chevrolet Caprice with over 80,000 miles to be used for
administrative support functions of Roanoke Emergency Medical Services, Inc.
volunteers (REMS); pursuant to an agreement with REMS, maintenance, fuel, title,
markings and insurance on the vehicle are provided by REMS, with the City listed
as an additional insured; REMS has submitted a request to return the 1991 Chevrolet
Caprice to the City in exchange for an out of service 1995 Chevrolet Caprice with
over 80,000 miles (unit #048); REMS will provide fuel, maintenance and insurance
and will remark and title the vehicle as a REMS vehicle; the 1991 vehicle will be
returned to City of Roanoke fleet for customary disposal of an out of service vehicle;
and under the agreement, REMS may not dispose of any donated property without
the written agreement of the City.
It was further advised that Section 15.2-953 of the Code of Virginia (1950), as
amended, allows localities to donate funds, personal property or real estate to
organizations such as REMS; and REMS has agreed to accept the 1995 Chevrolet
Caprice and will maintain and ensure the vehicle.
39
The City Manager recommended that Council adopt a measure authorizing the
return of a 1991 vehicle and the donation of a 1995 Chevrolet Caprice to REMS,
authorize the City Manager to sign the title to said vehicle over to REMS; and
ownership of the vehicle will revert to the City of Roanoke should REMS cease to do
business.
Mr. Carder offered the following resolution:
(#36059-091602) A RESOLUTION authorizing the donation of a certain City
owned vehicle to Roanoke Emergency Medical Services (REMS), upon certain terms
and conditions; and authorizing the City Manager to transfer title of said vehicle to
REMS.
(For full text of Resolution, see Resolution Book No. 66, page 394.)
Mr. Carder moved the adoption of Resolution No. 36059-091602. The mntion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
communication advising that for the past several years, police officers in the Crime
Prevention Squad have sought funding to implement "Project Lifesaver", whose
mission is to assist victims of Alzheimer's disease and related mental dysfunction
disorders who become disoriented or lost and are unable to return themselves home
safely; project Lifesaver uses Geographic Information Systems (GIS), which track
the lost patient via electronic transmitter and receiver; during the past ten years, the
City's efforts to enhance the use of linear space through construction of
"greenways" has intensified; with many of the greenways having been completed
or near completion, a concern has arisen for the need for quick access by patrol
officers to the most remote part of these sites; bicycle patrols, horses, and foot
officers can access the remote site areas, but they are limited in how quickly their
access is and in the amount of assistance they might be able to render; a motorized
all-terrain vehicle (ATV) could maneuver on the greenways to provide expedient law
enforcement services; and in conjunction with Project Lifesaver, an ATV would be
valuable in the search and rescue efforts for missing dementia patients in
greenways and in remote wooded areas.
40 -
It was further advised that the City has been approved for a "One Time Special
Request Fund for Local Law Enforcement Agencies" grant award of $5,000.00 from
the Commonwealth of Virginia Department of Criminal Justice Services, for the
purchase of electronic transmitter and receiver equipment to address the safety
issues of patients in the advanced stages of Alzheimer's disease and for the
purchase of an all-terrain vehicle.
The City Manager recommended that Council establish a revenue estimate and
appropriate $5,000.00 to Grant Fund accounts to be established by the Director of
Finance; and that the City Manager be authorized to execute any required
documents.
Mr. Carder offered the following budget ordinance:
(#36060-091602) AN ORDINANCE to amend and reordain certain sectio,,s of
the 2002-2003 Grant Fund Appropriations and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 395.)
Mr. Carder moved the adoption of Ordinance No. 36060-091602. The motion
was seconded by Mr. Dowe.
Council Member Cutler suggested that consideration be given to patrolling
greenways with bicycles, which would enable the expenditure of the entire $5,000.00
for transmitter and receiver equipment for Alzheimer's patients. The City Manager
responded that the amount of funds available would go first toward the purchase of
transmitter and receiver equipment, with the balance to be used for the all terrain
vehicle.
There was discussion in regard to the criteria to be used in dispensing the
transmitter receiver equipment; whereupon, the Assistant City Manager for
Community Development advised that the Chief of Police states that the all terrain
vehicle is similar to a go cart and is used in places where vehicles are not feasible,
and both the transmitter receiver equipment and the all terrain vehicle can be
purchased for $5,000.00. She stated that she would provide Council with
information on the criteria for dispensing the equipment, along with the number of
transmitter units to be purchased, and noted that equipment will be dispensed to
those individuals who are in the advanced stages of Alzheimer's disease.
41
Mr. Harris called for the question.
Ordinance No. 36060-091602 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
Mr. Bestpitch offered the following resolution:
(#36061-091602) A RESOLUTION authorizing the acceptance of the One Time
Special Request Fund for Law Enforcement Agencies by the Commonwealth of
Virginia Department of Criminal Justice and authorizing the execution of any
required documentation of behalf of the City.
(For full text of Resolution, see Resolution Book No. 66, page 396.)
Mr. Bestpitch moved the adoption of Resolution No. 36061-091602. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................... 0.
BUDGET-REFUSE COLLECTION-EQUIPMENT: The City Manager submitted a
communication advising that the Fiscal Year 2002 - 2003 Resource Allocation Plan
has identified the need to purchase new loose-leaf collection equipment and
supporting apparatus to replace existing equipment; funding was allocated to the
Fleet Management Fund for this purpose which will allow for the purchase of 12
Trailer Mounted Vacuum Leaf Collector Units to replace existing units; and
specifications were developed and an Invitation for Bids was sent to 11 qualified
providers, in accordance with the Procurement Code.
It was further advised that the lowest bid submitted by Virginia Public Works
Equipment for a Giant-Vac Model 6600 J D-B did not meet specifications, because the
machine is not equipped with a PTO safety engagement system that prevents
equipment damage during vacuum impeller engagement and does not meet the
specified horsepower rating, clutch size, or requested electrical break system and
hydraulic boom operation; three vendors submitted bid packets but declined to bid
on the units; and the bid of Old Dominion Brush Company, in the amount of
$176,784.00, is the lowest bid meeting all specifications.
42 -
The City Manager recommended that Council accept the bid of Old Dominion
Brush Company for 12 Trailer Mounted Vacuum Leaf Collector Units (Model LCT-
650), at a total cost of $176,784.00, authorize the City's Purchasing Division Manager
to issue a purchase order, authorize the City Manager to execute the required
purchase agreements, and reject all other bids received by the City.
The City Manager further recommended that Council transfer $15,184.00 from
Fleet Management, Account No. 017-440-2642-9010, to Transportation - Street
Maintenance, Account No. 001-530-4110-9015.
Mr. Carder offered the following budget ordinance:
(#36062-091602) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General and Fleet Management Fund Appropriations, and dispensing
with the second reading by title of the ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 397.)
Mr. Carder moved the adoption of Ordinance No. 36062-091602. The motion
was seconded by Mr. Bestpitch.
The Mayor expressed concern that there was only one qualified bidder, and
advised that he has raised the concern on a number of occasions with regard to
construction projects and/or acquisition of equipment. He stated that the City has
an obligation to its citizens to consider a minimum of two bids for any product
and/or project. He inquired as to how the situation can be corrected in the future
and stated that he would prefer to rebid the item and determine why bid
specifications were drafted in such a way as to eliminate other potential bidders.
The City Manager advised that the City attempted to solicit bids from a number
of vendors; however, she could not explain why three bidders declined to submit a
bid on this specific item, and when the City goes out to bid it has no way of knowing
how many vendors/companies will respond, nor can there be a guarantee that there
will be a minimum number of bidders. She explained that the City of Roanoke is
currently performing a service of collecting loose leaves which is rare among
communities of today; it was contemplated in this years' budget, in an effort to help
balance the budget, to discontinue the loose leaf collection program because it is
costly and time consuming and does not enhance the overall appearance of the City
since many citizens choose to put their leaves out in advance of the collection date.
However, she added that City staff believes that the City of Roanoke can be more
efficient in loose leaf collection and requested the opportunity to improve upo,~ the
service before a decision was made to discontinue the program. She explained that
43
if Council votes to reject the bids on the leaf collector units and re-advertise for bids,
the City of Roanoke will not be in a position to improve upon its loose leaf collection
program this year, and further, the fiscal year 2003 budget eliminated two staff
persons from this operation, therefore, additional costs would be incurred that
were not previously anticipated.
Council Member Wyatt expressed concern that there are instances when City
departments are so product specific in their requirements that only one supplier
can meet specifications inasmuch as specifications are drafted to fit a particular
product. She requested that the City Manager ensure that specifications are drafted
so as not to be so product specific that other vendors are automatically excluded.
The City Manager advised that the City is under staffed in the purchasing area,
upon the hiring of a purchasing manager, there may be a need to employ a buyer or
bid specialist to assist City departments in the development of bid specifications
so as to over come the tendency alluded to by Ms. Wyatt. She stated that currently,
with the size of the purchasing staff, the system relies totally on individual
departments to develop their own bid specifications.
Following further discussion, Council Member Harris called for the question.
Ordinance No. 36062-091602 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, and
Wyatt ....................................................................................................... 6.
NAYS: Mayor Smith ................................................................................. 1.
Mayor Smith advised that his no vote was not against the equipment, but the
need to identify a better way to purchase equipment and demonstrate to the public
that the City of Roanoke is affording an equal opportunity to every potential bidder.
Mr. Harris offered the following resolution:
(#36063-091602) A RESOLUTION accepting the bid of Old Dominion Brush
Company for the purchase of 12 new Trailer Mounted Vacuum Leaf Collector Units,
upon certain terms and conditions; and rejecting all other bids made for such items.
(For full text of Resolution, see Resolution Book No. 66, page 398.)
Mr. Harris moved the adoption of Resolution No. 36063-091602. The motion
was seconded by Mr. Carder and adopted by the following vote:
44 --,
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, and Wyatt-6.
NAYS: Mayor Smith ................................................................................. 1.
BRIDGES-CITY PROPERTY: The City Manager submitted a communication
with regard to various repairs to two City bridges, 9th Street over Norfolk Southern
Railway and 5t~ Street over Norfolk Southern Railway; after proper advertisement,
three bids were received, with Lanford Brothers Co., Inc., submitting the Iow bid, in
the amount of $116,630.00; and a construction time of 60 consecutive calendar days;
and funding is available in Bridge Maintenance Account No. 008-052-9549-9003.
The City Manager recommended that Council accept the bid of Lanford
Brothers Co., Inc., in the amount of $116,630.00, with 60 consecutive calendar days
of contract time, and reject all other bids received by the City.
Mr. Carder offered the following ordinance:
(#36064-091602) AN ORDINANCE accepting the bid of Lanford Brothers
Company, Incorporated, for making various repairs to two City bridges, 9th Street
th
over Norfolk Southern Railway, and 5 Street over Norfolk Southern Railway, upon
certain terms and conditions and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work; rejecting all
other bids made to the City for the work; and dispensing with the second reading by
title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 399.)
Mr. Carder moved the adoption of Ordinance No. 36064-091602. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................... 0.
PARKS AND RECREATION: The City Manager submitted a communication
advising that the City of Roanoke desires the opportunity to consider entering into
a contractual agreement with a qualified service provider to operate the Rocwood
Indoor Adventure Center located within the Parks and Recreation Administrctive
Building, 210 Reserve Avenue S. W., which is a multi-faceted climbing facility
serving residents of the Roanoke Valley; the facility offers 4000 square/feet of
recreation space, including various climbing walls, tower, climbing cave, rappelling
station, equipment storeroom and a reception area; the provider would oversee all
facets of facility operations and program delivery for all users; programs may
include open session climbing, climbing club, birthday party rentals, partnerships
45
with area schools, YMCA, Boy Scouts, churches and special events; and the
proposed contractual arrangement is designed to maximize efficient and effective
use of the Rocwood Indoor Adventure Center for many users, with the intent to
recreate and expand potential service offerings at the facility, while eliminating the
subsidy currently associated with in-house operation.
It was further advised that although the sealed bid method of procurement
could be used, it is not practicable in this instance; the experience, qualification, and
references of firms that can provide the above listed service are of equal, if not
greater, importance than cost; and issues of experience, risk management, and
ability to achieve desired outcomes are of critical importance in determining the best
possible provider of the required service.
It was explained that the Code of the City of Roanoke, (1979) as amended,
provides, as an alternate method of procurement to using the bid process, a process
identified as "competitive negotiation"; and prior approval by Council is necessary
before the alternate method may be used, which will allow negotiations with two or
more providers to determine the best qualified at the most competitive price or rate.
The City Manager recommended that Council authorize the use of compe[itive
negotiation as the method to secure vendors.
Mr. Carder offered the following resolution:
(#36065-091602) A RESOLUTION designating the procurement method known
as competitive negotiation, rather than the procurement method known as
competitive sealed bidding, to be used for the procurement of a qualified service
provider to operate the Rocwood Indoor Adventure Center; and documenting the
basis for this determination.
(For full text of Resolution, see Resolution Book No. 66, page 400.)
Mr. Carder moved the adoption of Resolution No. 36065-091602. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
BLUE RIDGE COMMUNITY SERVICES: The City Manager submitted a
communication advising that the 1998 General Assembly passed HB428 which
amended and reenacted sections of the Code of Virginia, 1950, as amended, relating
to local roles and responsibilities for mental health, mental retardation, and
substance abuse services; Section 37.1-194 of the State Code requires every locality
to establish a community service board to oversee the delivery of mental heath,
46
mental retardation and substance abuse services, and it is further required that the
local governing body of a locality approve the Performance Contract; and the. City
of Roanoke has already established Blue Ridge Behavioral Healthcare, pursuant to
statutory provision, as the Community Services Board.
It was further advised that Blue Ridge Behavioral Healthcare has submitted
the Fiscal Year 2003 Community Services Performance Contract, in accordance with
Title 37.1 of the State Code, to ensure delivery of publicly funded services and
support to citizens of the Commonwealth of Virginia with mental illness, mental
retardation, or substance abuse; services are to be directly or by contract through
the operating board of the Community Services Board; and Section 37.1-198B, Code
of Virginia, 1950, as amended, requires all governing bodies for localities served by
the Community Services Board to approve the Community Services Performance
Contract.
The City Manager recommended that Council adopt a measure approving
execution of the Blue Ridge Behavioral Healthcare fiscal year 2003 Performance
Contract and that the City Manager be authorized to execute any required documents
to enter into the Performance Contract with the Blue Ridge Behavioral Healthcare
BOard of Directors.
Mr. Bestpitch offered the following resolution:
(#36066-091602) A RESOLUTION approving and authorizing the execution of
the Blue Ridge Behavioral Healthcare FY 2003 Performance Contract, upon certain
terms and conditions.
(For full text of Resolution, see Resolution Book No. 66, page 402.)
Mr. Bestpitch moved the adoption of Resolution No. 36066-091602. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
BUDGET-CONVENTION AND VISITORS BUREAU-WESTERN VA FOUNDATION
FOR THE ARTS AND SCIENCES-ROANOKE PASSENGER STATION RENOVATION
PROJECT: The City Manager submitted a communication advising that the Roanoke
Passenger Rail Station is presently being redeveloped by the Western Virginia
Foundation for the Arts and Sciences (WVFAS) for use by the Roanoke Valley
Convention and Visitors Bureau and the O. Winston Link Museum; the City of
Roanoke's Capital Improvement Program includes a funding commitment of
$1,500,000.00 for the project, of which $250,000.00 has already been provided to
WVFAS by previous action of Council, pursuant to Ordinance No. 35170-121800; the
47
balance of $1,250,000.00 requires a formal agreement to include certain conditions
by which remaining funds would be provided to WVFAS; conditions include
acquisition of matching funds and securing an agreement with the O. Winston Link
Estate for display of the O. Winston Link art/photo collection in the renovated
facility; funding would be provided in two equal payments of $625,000.00, one to be
made in fiscal year 2002-03 and the other in fiscal year 2003-04, subject to
satisfaction of conditions of the agreement; and funding appropriation for the first
payment is currently needed, while funding for the second appropriation will be
made in fiscal year 2003-04.
The City Manager recommended that Council appropriate $625,000.00 from
Capital Projects Fund Interest Earnings to Roanoke Passenger Station Renovation,
Account No. 008-530-9900-9003, for disbursement to the Western Virginia
Foundation the Arts and Services and that the City Manager be authorized to execute
the agreement on behalf of the City of Roanoke.
Mr. Harris offered the following budget ordinance:
(#36067-091602) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page, 403.)
Mr. Harris moved the adoption of Ordinance No. 36067-091602. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... 0.
Mr. Cutler offered the following resolution:
(#36068-091602) A RESOLUTION authorizing the City Manager to execute, on
behalf of the City of Roanoke, an Agreement between the City of Roanoke and
Western Virginia Foundation for the Arts and Sciences ("WVFAS").
(For full text of Resolution, see Resolution Book No. 66, page 404.)
Mr. Cutler moved the adoption of Resolution No. 36068-091602. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
48
BUDGET-GRANTS-FDETC: The City Manager submitted a communication
advising that the Fifth District Employment and Training Consortium (FDETC)
administers the Federally funded Workforce Investment Act (WIA) for the region,
which encompasses the Counties of Alleghany, Botetourt, Craig, Franklin and
Roanoke, as well as the Cities of Covington, Roanoke, and Salem; and WIA funding
is for two primary client populations:
Dislocated workers who have been laid off from employment through
no fault of their own.
Economically disadvantaged individuals as determined by household
income guidelines established by the U. S. Department of Labor.
It was further advised that the City of Roanoke is the grant recipient and £scal
agent for FDETC funding, thus,City Council must appropriate funding for all grants
and other monies received by the FDETC.
It was explained that the FDETC has received an award of $25,000.00 from the
City of Roanoke Community Development Block Grant Program to provide 12 local
businesses with assistance in identifying occupational skills needed by employees
to effectively perform their jobs; the FDETC will also provide individualized job
placement services for approximately 50 Iow to moderate-income persons; the
FDETC has received a Notice of Obligation from the Virginia Employment
Commission authorizing Workforce Area 3 to spend $69,931.00 for the Adult
Program, which serves economically disadvantaged persons and $93,433.00 for the
Dislocated Worker Program, which serves persons laid offfrom their job through no
fault of their own; and the balance of funding designated for Workforce Area 3 will
be authorized on a separate notice of obligation after September 30, 2002.
The City Manager recommended that Council appropriate the FDETC's
funding, totaling $188,364.00, and increase the revenue estimate by $188,364.00, in
accounts to be established in the Consortium Fund by the Director of Finance.
Mr. Carder offered the following budget ordinance:
(#36069-091602) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Fifth District Employment and Training Consortium Fund
Appropriations and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 405.)
Mr. Carder moved the adoption of Ordinance No. 36069-091602. The motion
was seconded by Mr. Harris and adopted by the following vote:
49
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
BONDS/BOND ISSUES- CIVIC CENTER STADIUM: The City Manager and the
Director of Finance submitted a joint communication advising that the City of
Roanoke issued $26,020,000.00 of Series 1999A and $10,100,000.00 of Series 1999B
bonds dated October 15, 1999; the bonds were issued to fund various projects
including schools, buildings, storm drains, the Roanoke Higher Education Center,
the Johnson and Johnson project and other infrastructure projects; although the
City obtained a favorable overall interest rate for the issue, certain bonds with
maturities in outer years carry interest rates of up to 6.0%; and Davenport &
Company, LLC, a Richmond, Virginia, based Securities Underwriting Firm with a
Roanoke office, has proposed to purchase bonds to refund a portion of the 1999
bonds via a negotiated sale.
It was further advised that based on recent bond interest rates, the City could
potentially realize significant savings by refunding a portion of the 1999 bond series
that carry the higher interest rates; resulting savings would be contingent upon the
combination of the interest rate received on the refunding bonds and the interest
rate obtained on the Treasury certificates purchased to fund the escrow to be used
to pay the current outstanding bonds when the bonds become callable; based upon
discussions with the City's financial advisor, BB&T Capital Markets, it is believed
that an appropriate level of savings to justify refunding would be a net present value
amount of $500,000.00, provided that savings of at least four per cent of net present
value of the refunded bonds could also be achieved; since interest rates fluctuate
daily, it is imperative to the success of a refunding that the City act quickly.once
interest rates enable the City to achieve an acceptable level of savings; and thus,
a negotiated sale versus an open market competitive sale is deemed more practical.
It was noted that refunding bonds will be considered additional debt in the
context of the City's debt policy and from the rating agencies' perspective only to the
extent that a slightly higher level of principal would need to be issued than the
amount of 1999 bonds being refunded.
The City Manager and Director of Finance recommended that Council adopt
a resolution authorizing the City Manager and the Director of Finance to issue up to
$22 million in refunding bonds to be purchased by Davenport & Company, LLC, if net
present value savings of $500,000.00 and a minimum of four per cent of the net
present value of the refunded bonds can be achieved.
Mr. Carder offered the following resolution:
50
(#36070-091602) A RESOLUTION authorizing the issuance and sale of not to
exceed twenty-two million dollars principal amount of City of Roanoke, Virginia,
General Obligation Public Improvement Refunding Bonds to Davenport & Company
LLC, as underwriter; fixing the form, denomination and certain other details of such
refunding bonds and delegating to the City Manager and the Director of Finance
authority, among other things, to execute and deliver to such underwriter a bond
purchase contract by and between the City and such underwriter, to determine the
aggregate principal amount of such refunding bonds, the maturity dates of such
refunding bonds and the principal amounts of such refunding bonds maturing in
each year, the interest payment dates for such refunding bonds and the rates of
interest to be borne by such refunding bonds, the redemption provisions and
redemption premiums, if any, applicable to such refunding bonds and to appoint an
escrow agent for the bonds to be refunded from the proceeds of such refunding
bonds; authorizing the execution and delivery of a continuing disclosure certificate
relating to such refunding bonds; authorizing the execution and delivery of an
escrow deposit agreement relating to the refunded bonds; authorizing the City
Manager and the Director of Finance to appoint a verification agent; authorizing the
City Manager and the Director of Finance to designate the refunded bonds for
redemption; and otherwise providing with respect to the issuance, sale and delivery
of such refunding bonds and the refunding of the refunded bonds.
(For full text of Resolution, see Resolution Book No. 66, page 407.)
Mr. Carder moved the adoption of Resolution No. 36070-091602. The motion
was seconded by Mr. Harris.
The Director of Finance advised that the City has worked with its financial
adviser to establish a volume of savings in the range of approximately $500,000.00
of present value savings, and four per cent present value savings of the
preauthorized amount of bonds would amount to approximately $50,000.00 per year
in debt service savings. He pointed out that as bonds are refunded in the context
of being considered additional debt, they are considered additional debt to the
extent that the principal exceeds the principal amount of the bonds being refunded.
He noted that the resolution before Council has an expiration date of February 28,
2003, and due to certain technical rules regarding bond issuance, Council has not
as yet adopted a measure authorizing issuance of bonds for Phase II expansion of
the Civic Center, which is anticipated to be submitted in early 2003, and the
expiration date of the resolution before Council will occur at about the same time
that another resolution will be submitted to Council for approval of issuance of
bonds for the Civic Center expansion.
There was discussion in regard to traffic studies and renovations tr, the
Roanoke Civic Center; whereupon, the City Manager advised that it is intended to
complete the design and bid on the $15 million of civic center improvements in early
2003. She stated that it is also the goal to complete the final design for bid
specifications for the stadium/amphitheater project at approximately the same time
51
because there may be financial advantages to the City to bid both projects
simultaneously, and potential bidders will be given the opportunity to bid on both
projects or on individual projects. She stated that traffic management for both the
stadium/amphitheater project, and the Civic Center Project have been reviewed, and
traffic management efforts have already been enforced. She added that a traffic
management plan will be submitted to Council within the next few weeks and part
of the consideration regarding the stadium/amphitheater project has beeq a
pedestrian overpass of Orange Avenue so as to maximize available parking spaces
on both sides of the street for which ever event might be a sell out. She stated that
the traffic management plan could suggest certain additional improvements and
costs associated with traffic, but would not forestall development of the two
projects.
Resolution No. 36070-091602 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .............................................................................................. 7.
NAYS: None ......................................................................................... -0.
REPORTS OF COMMITTEES:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting the following appropriation of funds, was before Council.
$699,916.00 from the Capital Maintenance and Equipment Replacement
Fund to be used to fund instructional and administrative technology
requests, school bus replacement, facility maintenance requirement,
district-wide physical education equipment, grounds services
equipment, facility improvements for handicap access, repair of roofs
at several schools, and replacement of food service equipment.
$335,262.00 for the Smaller Learning Communities program at Patrick
Henry High School, to provide training of staff and establishment of
smaller student learning communities within the high school, to be
reimbursed 100 per cent by Federal funds.
$37,906.00 for the Smaller Learning Communities program at William
Fleming High School, to provide training of staff and establishment of
smaller student learning communities within the high school, to be
reimbursed one hundred per cent by Federal funds.
$2,700.00 for the Academic Challenge/Capital One program, to provide
additional support for the four schools participating in the program; a
corporate donation has been received for the program.
52
$108,367.00 for the Title I School Improvement program at Roanoke
Academy for Mathematics and Science, which will aid the division in its
effort to provide strategies to increase students learning at Iow-
performing schools, and help to fund the opportunity for students to
chose a higher-performing school as an alternative; to be reimbursed
100 per cent by Federal funds.
A report of the Director of Finance recommending that Council concur in the
request, was also before the body.
Mr. Carder offered the following budget ordinance:
(#36071-091602) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General, School, and School Food Services Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 422.)
Mr. Carder moved the adoption of Ordinance No. 36071-091602. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith. - ............ -7.
NAYS: None .......................................................................................... -0'
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND
RESOLUTIONS: NONE.
CONSIDERATION
OF ORDINANCES AND
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
' SPECIAL EVENTS: Council Members Bestpitch, Cutler and Wyatt commended
Council Member Carder on the success of the Taste of the Blue Ridge Blues and
Jazz Festival, which was held in the City of Roanoke on September 13-15, 2002.
STATE HIGHWAYS-TRANSPORTATION SAFETY: Vice-Mayor Harris requested
that the City Manager re-communicate the City's concerns to the Commonwealth
Transportation Board with regard to the routing of 1-73, specifically through the
southeast section of the City of Roanoke. He further requested that the City Manager
seek a response from Onzlee Ware, the City's local representative to the
Commonwealth Transportation Board, in regard to the routing of 1-73 through
southeast Roanoke.
53
POLICE DEPARTMENT-FIRE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT:
Having participated in a police ride-along, Council Member Dowe commended the
City of Roanoke Police Department and Fire Department for the services .they
perform on a daily basis for the citizens of the City of Roanoke.
ACTS OF ACKNOWLEDGEMENT-COMMITTEES-SPECIAL EVENTS: Council
Member Carder expressed appreciation to the Special Events Committee and to
approximately 240 volunteers who worked to make the Taste of the Blue Ridge Blues
and Jazz Festival a success.
ACTS OF ACKNOWLEDGEMENT: Council Member Carder presented a sample
of the "Roanoke Shining Star" award which was designed to recognize the good
deeds of citizens of the City of Roanoke throughout the year. He advised that
citizens may obtain a nomination form from the City Clerk's Office, or via the City's
Webpage on the Internet.
ACTS OF ACKNOWLEDGEMENT: Council Member Cutler commended a team
of City employees, under the leadership of Christopher L. Slone, Public Information
Officer, who were responsible for the award-winning City of Roanoke Magazine,
Roanoke Citizen.
PARKS AND RECREATION-WATER RESOURCES: Council Member Cutler
called attention to a water conservation workshop which will be held on Monday,
September 23, 2002, at 7:00 p.m., in the Auditorium of the main branch of the City of
Roanoke Public Library. He also called attention to a workshop to be sponsored by
the National Park Service with regard to operation of the Blue Ridge Parkway on
Tuesday, September 24, 2002, from 3:30 p.m. to 7:00 p.m., at the Vinton War
Memorial.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
COMPLAINTS-REFUSE COLLECTION-REAL ESTATE VALUATION-CITY
GOVERNMENT-HOUSING/AUTHORITY-COMMUNITY PLANNING-TRANSPORTATION
SAFETY-ECONOMIC DEVELOPMENT-WATER RESOURCES-ROANOKE PASSENGER
STATION RENOVATION PROJECT: Mr. Robert Gravely, 617 HanoverAvenue, N. W.,
addressed Council with regard to the water shortage, the City's economic stability,
the process for collection of loose leaves on City streets, overall betterment of the
community, and the need to increase the City's tax base through real estate taxes.
He questioned the need for passenger rail service, as reported earlier in the meeting,
when citizens cannot afford to pay for a taxicab, and advised that City government
does not listen to the needs of the average citizen.
CITY MANAGER COMMENTS:
54
ACTS OF ACKNOWLEDGEMENT: The City Manager expressed appreciation
to City staff for the success of the award winning, Roanoke Citizen magazine, the
current edition of which celebrates diversity in the Roanoke community.
The City Manager commended the Roanoke community on the number of
events that were held on September 11,2002, that demonstrated the need to not only
remember the September 11, 2001 tragedy, but also to recommit to the community
a love of God and a love of country.
POLICE DEPARTMENT-FIRE DEPARTMENT-ACTS OF ACKNOWLEDGMENT:
The City Manager called attention to a press conference which was held on Friday,
September 13, 2002, in which it was announced that the City of Roanoke is the only
city in the United States that has an accredited jail, police department and fire
department.
ACTS OF ACKNOWLEDGEMENT-WATER RESOURCES: The City Map.~ger
encouraged citizens to participate in a water co~nservation workshop to be held on
September 23, 2002, at 7:00 p.m., at the City's Main Library. She expressed
appreciation to Roanoke's citizens for their continuing cooperation and support
during the water crisis, and asked that citizens continue to be good conservators of
water.
At 4:35 p.m., the Mayor declared the meeting in recess for one Closed
Session.
At 5:30 p.m., the Mayor declared the Closed Session in recess, for a joint
meeting of City Council and the Roanoke City School Board, in the Emergency
Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building.
A joint meeting of Roanoke City Council and the Roanoke City School Board
was called to order on Monday, September 16, 2002, at 5:35 p.m., in the Emergency
Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with Mayor Ralph K. Smith and Vice-
Chair Ruth C. Willson presiding.
COUNCIL MEMBERS PRESENT: William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt, (left meeting
at 5:40 p.m.) and Mayor Ralph K. Smith .............................................................. 7.
COUNCIL MEMBERS ABSENT: None ..................................................... -0.
SCHOOL TRUSTEES PRESENT: F. B. Webster Day, Marsha W. Ellison,
William H. Lindsey, Gloria P. Manns, Chairperson (arrived late), Melinda J. Payne,
Robert J. Sparrow, and Vice-Chair Ruth C. Willson ............................................ 7.
SCHOOL TRUSTEES ABSENT: None ........................................................ -0.
55
OTHERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Elizabeth Dillon, Assistant City Attorney; Jesse A. Hall,
Director of Finance; Mary F. Parker, City Clerk; E. Wayne Harris, Superintendent of
Roanoke City Public Schools; Cindy H. Lee, Clerk of the School Board; and Richard
L. Kelley, Assistant Superintendent of Operations.
The Mayor welcomed the School Board and staff to the meeting and advised
that following dinner, the business session would convene.
The invocation was delivered by Vice-Mayor Harris.
SCHOOLS:
PROGRESS AND WORK TO BE DONE BY THE ROANOKE CITY SCHOOLS'
Superintendent Harris referred to legislation signed by President Bush in
January 2001 that reauthorized the Elementary and Secondary Education Act which
was first signed into law in 1965 by President Lyndon Johnson, reauthorized by
President George W. Bush, and serves as the foundation for legislation referred to
as, "No Child Left Behind". He advised that the legislation impacts every public
school in the United States and consists of five specific goals; i.e.: goal number one
provides that by the year 2013-2014, all schools will reach high standards at a
minimum attained proficiency or better in reading and mathematics, and noted that
the City of Roanoke created a reading plan five years ago, long before the law was
signed to reauthorize the Act. He explained that goal number two provides that all
limited English speaking students will become proficient in English and reach high
academic proficiency, or better, in reading and language arts; last year Council was
advised that the City of Roanoke was experiencing a significant increase in the
number of students enrolled in the Roanoke City Public Schools who speak a
language other than EngliSh as their first language, and at the beginning of the 2002
school year, approximately 390 students representing approximately 28 countries
were enrolled in the Roanoke City School system. He advised that goal number
three provides that by the year 2005-2006, all students will be taught by highly
qualified teachers; all teachers teaching in Roanoke City Schools are required to be
licensed, and this portion of the new law provides that teachers will be highly
qualified with a degree in the field of education in which they teach. He explained
that goal number four provides that all students will be educated in a learning
environment that is safe, drug free and conducive to learning; and the Roanoke
City School System has put into place all of the examples for a drug free, safe and
conducive to learning environment. He added that goal number five provides that
all students will graduate from high school by the year 2013-2014 (every student who
starts in the ninth grade will graduate within four years), and this goal presents a
challenge for the City of Roanoke because the drop out rate rotates between five and
seven per cent.
56
Dr. Harris advised that 75 per cent of Roanoke's students were reading on
grade level in the year 2001, compared to 48 per cent in 1998 due, in part, to the
creation of a number of pre school classes, and much of the reading progress can
be attributed to involving students in the school and pre school setting and working
with them to diagnose and intervene in regard to any reading deficiencies;
Standards of Learning test results show a 71 per cent overall pass rate for students
in English, particularly in the area of reading, 37 per cent or 183 more African-
American students are taking algebra when compared to the number taking the
course four years ago, and the total number of students taking algebra during this
same period of time has narrowed significantly over the four year period. He
explained that algebra is the gate keeper of mathematics courses and if students are
successful in algebra, they will most likely take a higher level of math, science and
foreign language course in readiness for college admission.
He stated that 66 per cent of students passed their mathematics SOL test,
there was a 12 per cent gain in social studies tests from 56 per cent to 68 per cent
between the years 2001 and 2002 Standards of Learning; and there was a gain in
science bringing student overall test rates to 70 per cent. He called attention to a
closing of the gap in the SOL scores between African-American and Caucasian
students in all subjects at the elementary level: English, math, science and social
studies; there is a declining enrollment, and an achievement gap on eight of ten end
of course tests at the high school level; student academic achievement has
improved every year which can be substantiated with hard data; and core
improvements are the result of spending considerable time on curriculum audits and
revision, professional development for teachers, inclusion of programs with proven
success, and careful analysis of materials and effective reading.
At this point, Council member Wyatt left the meeting.
Dr. Harris advised that the number of fully accredited schools has increased
by five; last year Crystal Spring, Fishburn Park, Grandin Court, Raleigh Court and
Wasena Elementary Schools and James Madison Middle School were fully
accredited; recently Highland Park and Morningside Elementary Schools, Woodrow
Wilson Middle School, and William Fleming and Patrick Henry High Schools were
accredited; and Garden City, Monterey, and Virginia Heights Elementary Schools and
William Ruffner Middle School are close to accreditation.
He called attention to an increase in the number of students who took
advanced placement courses and scored at least three, four or five on exams, and
explained that students must score at least a three in order for the course to count
toward college credit, with the number having increased from 54 in 2000 to 73 in
2002. He referred to dual enrollment classes which enable students to take
courses in high school that are college level through Virginia Western Community
College and the student receives credit toward a college degree, and advised that
for the fall season of 2000, eight dual enrollment courses were offered and. the
number has increased to 21.
57
Dr. Harris advised that there are 150 licensed professional staff who were
hired during the summer of 2002 and 40 of those individuals are natives of the
Roanoke Valley; all 28 schools must pass the Standards of Learning test by the year
2007 to be fully accredited; Roanoke City Schools must completely close the
achievement gap when comparing the achievement of African-American students
to Caucasian students; all persons must become skillful users of technology; and
the school system must use its recently revised evaluation system for teachers and
principals more effectively and cultivate revenue to attract, retain and reward staff.
He stressed the importance of funds in these difficult financial times, and all persons
should be judicious stewards of monies allocated for education; there is a need to
implement a seven period day for students; and all students must graduate from
high school.
COORDINATION WITH REGARD TO PLANNING FOR PARKS and
GREEN-WAYS/USING SCHOOLS FOR FITNESS CENTERS:
Council Member Cutler referred to joint use of middle schools for fitness
centers which have proven to be successful. He also referred to using parks and
greenways for educational purposes, environmental education, outdoor classrooms
and the use of greenways by school track teams for physical education programs.
He called attention to the former Transportation Museum in Wasena Park that will
be used as an environmental education center, and inquired if there will be a
continuing relationship between School staff and City parks and recreation staff to
take advantage of parks and recreation fields as educational resources.
Dr. Harris responded in the affirmative and advised that the school system
tries at every opportunity to use available resources, and staff of Roanoke City
Schools will work with the City's Director of Parks and Recreation to address joint
efforts of cooperation.
PER CENT FOR THE ARTS PROGRAM:
Dr. Cutler requested that the School Board clarify its position on joint oversite
with regard to the Per Cent for Arts Program; whereupon, Dr. Harris advised that the
School Board is interested in oversite of art for Roanoke's schools only, and
welcomes the opportunity to increase art and art programs in the schools. He stated
that art programs have been a priority during his tenure as Superintendent of
Schools.
NEIGHBORHOOD SCHOOLS:
Council Member Carder addressed neighborhood schools in the context of the
City's Comprehensive Plan and in view of the new urban design with the goal that
everything will be within walking distance, and with compact and deqser
neighborhoods. He inquired as to the status of constructing more neighborhood
elementary and/or middle schools.
Dr. Harris responded that it was projected three to four years ago that
enrollment in Roanoke City Public Schools would first flatten and then start to
decline, which projection has held true. He stated that from approximately 1992 until
three years ago, there was a steady increase to 450 students over that entire period
of time and then enrollment stopped; in the last two to three years, there has been
a decline of approximately 100 students in 2001, primarily at the kindergarten and
first grade levels, which also speaks to a decline in the birth rate in Roanoke City.
He stated that the increase currently is being seen at the middle and high school
levels and in the next three to four years, it is projected that there will be a slight
decline. At the end of the next three to four years, he noted that there will be
approximately 12,500 students enrolled in the City school system, therefore, the
school system will lose some students, which clearly states that there is not a need
to construct more buildings inasmuch as students can be accommodated in present
facilities; however, there is a need to renovate and bring up to standards current
school buildings.
Mr. Carder inquired if there are sufficient neighborhood schools to allow
students to walk to school as opposed to being bused; whereupon, Dr. Harris
responded that 350 - 400 students are bused as a part of the Magnet School Program
which is by choice, and other students are bused as a result of the voluntary
desegration plan.
CO-USE AND OPPORTUNITIES FOR SCHOOL FACILITIES:
Council Member Carder commended the relationship between the City and the
School Board relative to community use of the middle school fitness centers. He
asked that as the needs of the community are reviewed, the school building should
be viewed as an asset that is available to not only the schools, but to the
neighborhood as well, and not for redundancy in terms of community centers and
other types of facilities.
Dr. Harris referred to the Roanoke Academy for Mathematics and Science
where the City of Roanoke and Roanoke City Schools are working cooperatively to
expand the gymnasium, cafeteria area, and the library media center so that when
the school day ends at 3:15 p.m., the facility then becomes a community center. He
stated that Addison Middle School may be one of the most used facilities in terms
of schools.
In addition to coordination between the schools and the City's Department of
Parks and Recreation, Dr. Cutler mentioned the potential for similar kinds of
coordination between the schools and the City's public libraries; whereupon, Dr.
Harris advised that a community library, aquatic center, field houses, etc., are all
concepts that could be discussed, but there must be an understanding that such
facilities would have to be paid for up front, but the advantage is in not creating
separate facilities, thereby saving money over the long term.
59
The City Manager called attention to a pilot program that was initiated
approximately two years ago in which the City provided additional funding for the
schools for the purpose of keeping the schools open longer in the afternoon and
early evening hours, with the goal of making the facilities available as community
libraries for use by the public. She stated that it was unfortunate that the kind of
interest that was necessary to sustain the program could not be generated. She
advised that both she and Dr. Harris would like to encourage more partnering
between the City and the School system in the future, and with new facilitates there
is an opportunity for better planning.
There was discussion in regard to taking into consideration the needs of the
community, that there not be redundant facilities, and that facilities/programs be
offered to students and to the community that will be of benefit. The City Manager
pointed out the importance of ensuring that facilities are constructed that are
needed, and stated that the two new high schools represent a unique opportunity,
but they may not be located in those areas that are most in need of community
services. She advised that there are opportunities for partnerships in the future that
have not been utilized in the past; and the City/Schools should encourage citizens
to view resources as community resources, not belonging to the schools and/or the
City, which can only be accomplished through a change in the mindset of citizens.
Council Member Dowe called attention to the importance of marketing the City
of Roanoke and its school system to let the general public know what the City of
Roanoke and Roanoke City Public Schools have to offer. .,
There was discussion in regard to tutoringlmentoring in the pre school and
elementary schools by civic organizations in the community. It was pointed out that
civic organizations, businesses and organizations throughout the City of Roanoke
permit their employees to take time off from work to volunteer in reading programs
in the elementary schools, and the program is available in five elementary schools,
with approximately 200 volunteers.
SUPPORT FOR TEACHERS:
Council Member Bestpitch advised that the Roanoke City Public Schools and
the School Board have given the City of Roanoke much to be proud of, and called
attention to the importance of staff in educating Roanoke's children. He stated that
in order to educate students, there must be buildings, capital equipment, large items
such as school buses, books, educational materials and supplies, and staffing;
however, the most important of these general categories is staffing. He added that
if it is necessary to set priorities, he would prefer to see well qualified, motivated,
and inspired teachers in a building that needs some repairs, as opposed to a grand,
new building with staff that feel undervalued and underpaid. He advised that he
raised his concern in the context of the difficult budget process that was
experienced earlier in the year when trying to project revenues and reaching a
decision on the schools' portion of the budget. He added that City Council and the
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School Board tries to do the very best they can by employees each year; however,
he was concerned that when the budget process for fiscal year 2002-03 was
concluded, teachers received a smaller pay increase than City employees. He stated
that as the budget process for 2004 begins, it is hoped that every effort will be made
to do the best that can be done for teachers in order to attract and retain the most
qualified, experienced and motivated teachers.
In addition to an increase in wages, Mr. Day called attention to the importance
of training and development, and advised that the school system has done a good
job in providing funds for teacher training and development.
COMPLIANCE WITH PERSONNEL POLICY AND PROCEDURE:
Council Member Bestpitch referred to a situation that was communicated to
him by persons who believe that the personnel policy process of the school system
is not working properly. He called attention to a principal position at an elementary
school in his neighborhood which, allegedly, was filled from a pool of applicants
without advertising the position, although there were individuals in the school
system who were interested in applying for the position had they been given the
opportunity to do so. He stated that if money is not the most important issue in
retaining personnel, morale or the belief that there is an opportunity for
advancement, or an opportunity for experience and qualifications to be taken into
consideration in order to move up in the organization, is at the top of the list. He
advised that he was of the impression, as a result of the joint retreat of Council and
the School Board, that there was a clear understanding among Council Members
and School Board Trustees that an individual would be hired with strong education
and training in the area of human resources.
REMARKS BY COUNCIL MEMBERS AND THE CITY MANAGER:
Council Member Bestpitch expressed appreciation for the work of the School
Board which requires a considerable amount of time and dedication. He stated that
it is hoped that the lines of communication will continue to improve among School
Board and City Council members.
. Council Member Carder expressed appreciation for the work of the Sc;'lool
Board and its accomplishments in the areas of school accreditation, school
improvements, and the comprehensive plan; however, he emphasized the
importance of State funding and expressed frustration over a $1.3 billion shortfall
at the State level which could represent as much as $15 million to the school
system. He stated that the City of Roanoke will be faced with cutting important
programs in order to find sufficient dollars to get by. He advised that the citizens
of the City of Roanoke want quality education for their children and they are willing
to pay for it, but it will be necessary to forge alliances and the School Board and City
Council must stand united in their efforts to do their best for the citizens of the City
of Roanoke.
61
Council Member Cutler spoke in support of proceeding with improvements to
the two high schools, continuation of the Character Counts in Education Program,
and as incoming President of a local civic organization, he offered to solicit more
volunteers to work in the reading programs at elementary schools throughout the
City of Roanoke.
Council Member Dowe commended the School Board and those persons in
leadership roles for their contributions. He also commended teachers for the
important role they play in Roanoke's school system and advised that in his position
with First Union National Bank, he has an opportunity to interact with
representatives of potential new businesses looking to locate in the Roanoke area
and they commend the City of Roanoke on the caliber of its educational system. He
reiterated the need to continue with efforts to market the City of Roanoke and its
school system.
Vice-Mayor Harris advised that being the father of three children who are
enrolled in the Roanoke City School System, he appreciates the positive
experiences, the quality education, and the safe environment that is provided for all
of Roanoke's children.
At the last Council/School Board retreat, Council Members and School
Trustees adopted a "buddy" system; whereupon, it was the consensus that the
following Council/School Board members would be "buddies":
Mayor Smith
Council Member Bestpitch
Council Member Carder
Council Member Cutler
Vice-Mayor Harris
Council Member Dowe
Council Member Wyatt
Chairperson Manns
School Trustee Lindsey
School Trustee Day
Vice-Chair Willson
School Trustee Ellison
School Trustee Sparrow
School Trustee Payne
The City Manager advised that the City Manager and the Superintendent of
Schools participate in a "buddy" system and meet on a monthly basis to discuss
matters of interest, they feel the freedom to contact each other on issues that may
arise in between, and it is hoped that their relationship is reflected in the way that
the two staffs work together. She stated that it is hoped that the Council and the
School Board will schedule another joint retreat before the end of the calendar year.
She called attention to difficult financial challenges in the future and advised that
Council has shown unparalleled support for funding of public education. As one of
the 14 member cities to the Virginia Coalition of Cities, she stated that the City of
Roanoke went on record during the 2002 Session of the General Assembly that it
would support any legislation that provides for education and/or transportation as
the City's top two priorities. She advised that the City of Roanoke wants to work
with the School Board and there will be a coming together on certain legislative
62 -
issues; however, the School Board has access to an even larger constituency than
the Members ofCityCouncil because the School Board can reach citizens through
the children enrolled in the school system, therefore, the City of Roanoke may need
to call on the School Board to marshall parents to be a part of the solution that says
to elected officials that localities want more money and they are willing to pay for the
education of their children.
REMARKS OF SCHOOL TRUSTEES AND THE SUPERINTENDENT:
School Trustee Ellison called attention to the formation of the Roanoke Valley
School Board Consortium, which is composed of the localities of the City of
Roanoke, Roanoke County, City of Salem, Franklin County, Craig County, Botetourt
County and Bedford. She advised that the School Board Consortium was
established because of the power of numbers and to enable the area to plan for and
highlight its needs, particularly related to construction, facilities, capital needs, etc.
She noted that she, along with School Trustee Webster Day, represent the City of
Roanoke on the Consortium, and September 16 is Legislator Week at which time
various localities will meet with their area legislators to call attention to the neediest
schools in the region. She advised that a meeting will be held during the latter part
of September to discuss capital needs for the next five years by the various school
divisions and a meeting will be scheduled in late October or mid November including
all member locality legislators, governing bodies and School Boards; whereupon,
she requested that Council endorse the concept.
Chairperson Manns advised that she is proud of Roanoke's school system
and the working relationships between City Council Members and School Trustees.
She spoke in support of a joint planning session of Council and the School Board,
and the need to market the City of Roanoke and its school system. ~
School Trustee Payne commended the positive working relationship between
City Council and the School Board. She spoke in support of the "buddy" system
whiCh helps to keep the lines of communication open and advised that she looks
forward to a continuing good working relationship.
School Trustee Sparrow expressed appreciation for the opportunity to serve
on the School Board, and stated that his sole purpose in serving is to meet the
needs of the children of the City of Roanoke.
School Trustee Lindsey expressed appreciation for the opportunity to serve
on the School Board. He stated that like serving on City Council, serving on the
School Board is a public service, and he would like to do his part to ensure that
Roanoke has the very best school system that creates opportunities for children and
families, for the community and for the City of Roanoke in general.
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Superintendent Harris advised that he is beginning his tenth year of service
as Superintendent of Schools in the City of Roanoke, and he has served with 19
individual School Board members who have, at one time or another, made up the
seven member School Board. He expressed appreciation to Council for the
seriousness with which it makes appointments to the School Board and for the
caliber of School Board Members that have been appointed. He stated that when
one looks at school systems that experience frequent turn over in the position of
Superintendent, all data points to the fact that it is due to contentious relations
between the School Board and the Superintendent; however, he has not had that
kind of relationship because he has worked with School Boards whose primary
mission and purpose is to take action on behalf of what is in the best interest of the
children. He encouraged that Council continue to appoint School Trustees who
have the children as their first interest.
The Mayor expressed appreciation to the Members of Council and to the
School Board for the meaningful dialogue that was shared. He called attention to
the need to discuss ways to educate all of Roanoke's citizens in furthering their
education. He referred to discussions regarding the Council's domain and the
School Board's domain, but stated that it is important to remember that both bodies
are accountable to the citizens. He commended the working relationship between
Council and the School Board and encouraged both groups to continue their
positive relationship for the benefit of the children and citizens of the City of
Roanoke.
OTHER' BUSINESS: NONE.
At 6:50 p.m., the Mayor declared the meeting in recess until 7:00 p.m., in the
City Council Chamber.
At 7:00 p.m., on Monday, September 16, 2002, the City Council meeting
reconvened in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Ralph K. Smith
presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, and Mayor Ralph K. Smith--6.
ABSENT: Council Member Linda F. Wyatt ................................................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, CityAttorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The invocation was delivered by Council Member William D. Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
64
PUBLIC HEARINGS:
BUDGET-CMERP: Pursuant to instructions by Council, the City Clerk having
advertised a public hearing for Monday, September 16, 2002, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of Roanoke to
consider a proposal to adjust the aggregate amount of the City of Roanoke ap_nual
budget in connection with appropriation of funds for its Capital Maintenance and
Equipment Replacement Program (CMERP), the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, September 8, 2002, and in The Roanoke Tribune on Thursday
September 12, 2002.
The City Manager submitted a communication advising that Section 2-189,
Code of the City of Roanoke, (1979), as amended, establishes a reserve from the
year-end General Fund balance for the funding of capital improvements and Capital
Maintenance and Equipment Replacement (CMERP); the amount reserved from the
undesignated fund balance is calculated as ten per cent of total General Fund
appropriations, less any sums paid for General Fund debt service during the fiscal
year; the fiscal year 2001-02 General Fund annual designation for CMERP is
$3,229,149.00; and in addition, $100,000.00 remains unspent from fiscal year 2000-01
CMERP, resulting in a total available for appropriation for the CMERP program of
$3,329,149.00.
It was further advised that in fiscal year 2002, the City changed its period of
availability under modified accrual accounting to recognize revenue receivables at
June 30 and received within 60 days of year end, which resulted in a one-time
restatement of fund balance in the amount of $1,753,440.00, which resulted in total
fiscal year 2002 CMERP available to the City of $4,982,589.00; additional funding of
$308,974.00 resulting from the residual equity transfer from closing of the Materials
Control Fund is also available; the remaining balance is a result of a significant
retained earnings balance built up over several years by the Materials Control Fund
overhead rate; the total of these two one-time funding sources is $2,062,414.00,
bringing the total funding available for appropriation to $5,391,563.00; in response
to concerns stated by Council at its August 5, 2002 CMERP briefing, it is
recommended that these additional one-time funds be appropriated to a reserve
account, and not be expended at this time, in anticipation of possible budget
adjustments that may be necessary due to downward adjustments in State revenue
forecasts; and in accordance with priorities presented to Council in a "Budgeting
for Capital Needs" memorandum dated August 20, 2002, the recommended CMERP
spending plan addresses the following categories:
Required Contributions
Capital Projects
Fixed Asset Maintenance
Technology Upgrades
$ 349,127.00
1,232,723.00
638,106.00
400,000.00
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Vehicular Replacements
Operational Equipment
and Furniture
Reserve Funds
Total
275,000.00
434,193.00
2,062,414.00
$5,391,563.00
It was explained that department CMERP funding requests totaled
approximately $14.3 million in non-technology and non-vehicular related
items/initiatives; requests for technology related items/initiatives totaled an
additional $2.3 million; technology requests are reviewed and prioritized by the
Information Technology Committee, and a separate report on Council's agenda
recommends appropriation of funds for technology needs; all vehicular requests are
reviewed by the Fleet Management Division Manager and evaluated based upon an
approved set of replacement criteria; in addition to qualifying under the recently
approved replacement criteria policy, each vehicle will be evaluated on its utilization
and standard usage; a utilization policy and standard usage policy are currently
under development and are scheduled for completion by the end of the calendar
year; a preliminary evaluation of the City's fleet based on replacement criteria
identified $2.9 million in vehicles to be replaced or purchased in fiscal year 2003;
cash funding of $1,500,000.00 is available, leaving a balance of approximately
$1,400,000.00 to fund through capital lease financing; this would be the third year
of the fleet lease program; and the capital lease funding option will be re-evaluated
after considering the impact of State budget cuts on the City's budget and a final
recommendation as to fleet purchases will be presented to Council later in the fiscal
year.
The City Manager recommended that Council concur in CMERP funding
recommendations and appropriate funds to specific accounts as set forth in
Attachment 1 to the communication.
Mr. Dowe offered the following budget ordinance:
(#36072-091602) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General, Civic Center, Parking, Capital Projects, and Fleet
Management Funds Appropriations, and dispensing with the second reading by title
of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 425.)
Mr. Dowe moved the adoption of Ordinance No. 36072-091602. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter. There being none, he declared the public hearing
closed.
66
Ordinance No. 36072-091602 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris,
and Mayor Smith ...................................................................................... -6.
NAYS: None .......................................................................................... -0.
(Council Member Wyatt was absent .)
A communication from the City Manager advising that in a report dated
September 16, 2002, Council was asked to approve a recommendation that
$400,000.00 of the Fiscal Year 2001-02 General Fund balance designated for the
Capital Maintenance and Equipment Replacement Program be allocated for
technology needs; in addition, the Department of Technology, an internal service
fund, has retained earnings available for appropriation of $1,000,000.00 that can be
allocated for current technology needs, for a total of $1,400,000.00; the Information
Technology Committee (ITC) has completed an Information Technology Strategic
Plan for the City of Roanoke and has developed a list of priority projects and
equipment needs that have been determined to be supportive in meeting the goals
of the plan; one key area of progress under the strategic plan is the Personal
Computer Replacement Program; since the program began in 2001, more than 600
perSbnal computers have been replaced, with the goal to replace another 250 units
this year; and as the City moves forward with replacements, retired equipment will
be re-used where less powerful personal computers are appropriate.
It was further advised that another key project in this year's plan is an upgrade
of the City's mainframe operating system, which will provide opportunities to
enhance support of mainframe applications and improve integration of financial
applications at a total cost of $1,400,000.00; and all items will be purchased in
accordance with requirements of the City's Procurement Code.
The City Manager recommended that Council adopt a measure appropriating
funds to new or existing project accounts to be established by the Director of
Finance to support strategic technology needs and enhancements.
Mr. Dowe offered the following budget ordinance:
'~ (#36073-091602) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General and Department of Technology Funds Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 430.)
Mr. Dowe moved the adoption of Ordinance No. 36073-091602. The motion
was seconded by Mr. Harris and adopted by the following vote:
67
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris,
and Mayor Smith ........................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Council Member Wyatt was absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
BONDS/BOND ISSUES-PARKS AND RECREATION-HIGHER EDUCATION
CENTER: Michael Woods, a Political Director for Foundation 2002, which is the
political campaign for the higher education/parks and recreation bond initiative,
appeared before Council and advised that in November 2002, voters of Virginia will
be asked to approve the issuance of $900 million worth of bonds for higher
education and $119 million of bonds for parks and natural areas. He explained that
if passed by the voters of Virginia, the parks and natural resources bond refererdum
would provide $119 million to help the environment, preserve valuable, irreplaceable
park and open space and natural areas of land for future generations of Virginians,
and enhance the existing 34 State parks. He explained that funds will be used to
purchase land for three new state parks, additional land for 11 existing parks, ten
new natural area preserves, additions to eight existing preserves, and more than
70 park improvement projects will be accomplished without a tax increase. He
stated that last year, Virginia parks were named the best run parks in the United
States of America, despite a national ranking of 50t~ in percentage of the State
budget that was spent on parks; however, that national standing could slip if
Virginians do not invest in their parks on November 5, 2002. He noted that in
addition to purchasing future parks, passage of the land initiative will ensure that the
Commonwealth of Virginia will acquire the land while real estate prices are
reasonable and allow for construction, repair and improvement projects in all of
Virginia's 34 state parks, as well as new recreational resources, new or improved
cabins, camp grounds, visitor centers, trails and other offerings, and thereby provide
park employees with more time to help visitors better enjoy Virginia's state parks
and natural resources. He advised that currently, Virginia parks host more than
seven million visitors per year which is a dramatic increase over the past decade
and approximately 40 per cent of park visitors come from outside the
Commonwealth of Virginia, therefore, state parks help pump more than $140 million
into local economies across the state. He further advised that approval of the bond
would mean the future protection of Virginia's sensitive land and open spaces, both
68
as State parks and as natural areas. He stated that ten years ago, Virginians were
asked to approve the bond for state parks and because voters had the forethought
to approve the referendum in 1992 by over 64 per cent, today Virginia enjoys four
new state parks, new natural areas, new visitor's centers, cabins, camp grounds
and other facilities. He advised that Governor Warner and nearly all of the General
Assembly, both Republican and Democrat, support passage of the bond;
whereupon, he requested that Roanoke City Council adopt a resolution in support
of the parks and recreation and higher education bond initiatives which will bring
$1.53 billion into the Commonwealth of Virginia and create 14,000 new jobs.
Mr. Harris offered the following resolution:
(#36074-091602) A RESOLUTION endorsing the proposed issuance of general
obligation bonds of the Commonwealth of Virginia relating to parks and recreational
facilities, which will be considered by the electorate in a statewide referendum to be
held on November 5, 2002, and encouraging the citizens of the Commonwealth to
support this bond referendum.
(For full text of Resolution, see Resolution Book No. 66, page 433.)
Mr. Harris moved the adoption of Resolution No. 36074-091602. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, and Harris ........... 5.
NAYS: None .......................................................................................... -0.
(Mayor Smith voted present.) (Council member Wyatt was absent.)
Mayor Smith advised that he would neither vote for and against Resolution No.
36074-091602 because a public hearing has not been held to receive citizen input.
Mr. Cutler offered the following resolution:
(#36075-091602) A RESOLUTION endorsing the proposed issuance of general
obligation bonds of the Commonwealth of Virginia relating to higher education and
museum facilities, which will be considered by the electorate in a statewide
referendum be held on November 5, 2002, and encouraging the citizens of the
Commonwealth to support this bond referendum.
(For full text of Resolution, see Resolution Book No. 66, page 435.)
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Mr. Cutler moved the adoption of Resolution No. 36075-091602. The m~)tion.
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, and Harris .......... 5.
NAYS: None ......................................................................................... -0.
(Mayor Smith voted present.) (Council Member Wyatt was absent.)
Mayor Smith advised that he would neither vote for or against Resolution No.
36075-091602 because a public hearing has not been held to receive citizen input.
COMPLAINTS: Ms. Eleanor Casey, 1520 Shamrock Street, N. W., expressed
concern with regard to a "modular" home which was moved to the corner of
Shamrock Street and Westside Boulevard, N.W. She expressed further concern that
citizens of the area were not notified of the proposed action, the home does not fit
in with the overall character of the neighborhood and is in poor condition,
devaluation of other properties in the neighborhood, the house is not horizontally
in line with other houses on the street, and whether or not the house will be hooked
up to the City's sanitary sewer system.
Ms. Gloria Dowe, 3702 High Acres Road, N. W., presented a petition signed by
over 100 persons in opposition to relocation of the house in the Westside Boulevard
area.
Ms. Gwendolyn Dudley, 1605 Lancaster Drive, N. W., advised that the house
is directly across the street from Westside Elementary School, it blocks the view of
the neighborhood, and does not conform with the overall character of the
neighborhood which consists of tree lined streets, brick homes, and houses that are
lined up horizontally. She pointed out that if residents wish to make improvements
to their homes, they are required to abide by City regulations, yet the City of
Roanoke advises that it has no guidelines addressing a situation such as the house
in question. She stated that the house is an eyesore to the neighborhood and
inquired if City officials would want the house in their neighborhood.
The City Manager advised that the structure is not a "modular" home, but a
home that was moved from another location to the corner of Shamrock Street and
Westside Boulevard, N.W. She noted that the necessary permits have been applied
for and issued by the City of Roanoke, and she was not aware of any type of
intervention that the City could offer on behalf of the neighborhood.
70 -
COMPLAINTS: Mr. and Mrs. David Renger, 1157 Kerns Avenue, S. W.,
addressed Council with regard to an asthma condition of their six year old son,
which is aggravated by smoke from chimineas in the neighborhood. They requested
that the City Roanoke prohibit the use of chimineas.
The matter was referred to the City Manager and the City Attorney for
investigation and report to Council. It was suggested that other localities be
surveyed in regard to regulations, if any, governing the use of chimineas.
At 8:00 p.m., the Mayor declared the meeting in recess for continuation of one
closed session.
At 8:15 p.m., the Council meeting reconvened in the City Council Chamber
with all Members of the Council in attendance, with the exception of Council Member
Wyatt, Mayor Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Harris
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris,
and Mayor Smith ....................................................................................... 6.
NAYS: None .................................................................................... -0.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-ARCHITECTURAL REVIEW BOARD: The Mayor advised
that the terms of office of Robert B. Manetta and Kevin A. Deck as members of the
Architectural Review Board will expire on October 1, 2002, and called for
nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Kyle G. Ray and Robert B.
Manetta.
71
There being no further nominations, Mr. Ray was appointed and Mr. Manetta
was reappointed as members of the Architectural Review Board, for terms
commencing October 2, 2002, and ending October 1, 2006, by the following vote:
FOR MESSRS RAY AND MANETTA: Council Members Bestpitch, Carder,
Cutler, Dowe, Harris, and Mayor Smith .............................................................. -6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-PENSIONS: The Mayor advised that there is a vacancy on
the Board of Trustees, City of Roanoke Pension Plan, to fill a position that rotates
between the City of Roanoke, City of Roanoke School Board, Roanoke Reg!onal
Airport Commission, Roanoke Valley Resource Authority and the Roanoke Valley
Detention Commission; whereupon, he called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Efren T. Gonzalez (representative
of the Roanoke Regional Airport Commission).
There being no further nominations, Mr. Gonzalez was appointed as a member
of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30,
2006, by the following vote:
FOR MR. GONZALEZ: Council Members Bestpitch, Carder, Cutler, Dowe,
Harris, and Mayor Smith .................................................................................... -6.
(Council Member Wyatt was absent.)
Mr. Harris moved that the City of Roanoke residency requirement be waived.
The motion was seconded by Mr. Dowe and adopted.
OATHS OF OFFICE-FIFTH PLANNING DISTRICT COMMISSION: The Mayor
advised that there is a vacancy on the Roanoke Valley-Alleghany Regional
Commission, created by the resignation of Evelyn S. Lander, resigned, and called
for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of R. Brian Townsend.
There being no further nominations, Mr. Townsend was appointed as a
member of the Roanoke Valley-Alleghany Regional Commission to fill the unexpired
term of Evelyn S. Lander, resigned, ending June 30, 2003, by the following vote:
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FOR MR. TOWNSEND: Council Members Bestpitch, Carder, Cutler, Dowe,
Harris, and Mayor Smith ................................................................................. -6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-TRAFFIC: The Mayor advised that there is a vacancy on
the City of Roanoke Transportation Safety Commission, created by the resignation
of Dawn T. Erdman, and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of E. W. Tibbs.
There being no further nominations, Mr. Tibbs was appointed as a member
of the City of Roanoke Transportation Safety Commission, for a term ending
October 31, 2004, by the following vote:
FOR MR. TIBBS: Council Members Bestpitch, Carder, Cutler, Dowe, Harris,
and Mayor Smith ............................................................................................ -6.
(Council Member Wyatt was absent.)
Mr. Harris moved that the City of Roanoke residency requirement be waived.
The motion was seconded by Mr. Dowe and adopted.
OATHS OF OFFICE-BUILDINGS/BUILDING DEPARTMENT: The Mayor advised
that the term of office of Barry W. Baird as a member of the New Construction Code,
Board of Appeals, will expire on September 30, 2002, and called for nominations to
fill the vacancy.
Mr. Harris placed in nomination the name of Barry W. Baird.
There being no further nominations, Mr. Baird was reappointed as a member
of the New Construction Code, Board of Appeals, for a term ending September 30,
2007, by the following vote:
FOR MR. BAIRD: Council Members Bestpitch, Carder, Cutler, Dowe, Harris,
and Mayor Smith ....................................................................................... -6'
(Council Member Wyatt was absent.)
73
OATHS OF OFFICE-ROANOKE CIVIC CENTER: The Mayor advised that the
terms of office of Mark E. Feldmann and Sandra W. Ryals as members of the
Roanoke Civic Center Commission will expire on September 30, 2002; Ms. Ryals has
declined to serve another term, and called for nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Mark E. Feldmann and Paul P.
Anderson.
There being no further nominations, Mr. Feldmann was reappointed and Mr.
Anderson was appointed as members of the Roanoke Civic Center Commission, for
terms ending September 30, 2005, by the following vote:
FOR MESSRS. FELDMAN AND ANDERSON: Council Members Bestpitch,
C.arder, Cutler, Dowe, Harris, and Mayor Smith .................................................... -6.
(Council Member Wyatt was absent.)
At 8:20 p.m., the Mayor declared the meeting in recess to be reconvened on
Wednesday, September 18, 2002, at 7:00 p.m., in the Virginia Room of The Hotel
Roanoke, for a dinner meeting with lan Lockwood, Senior Transportation Engineer,
Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.
The City Council meeting reconvened on Wednesday, September 18, 2002, at
7:15 p.m., in the Virginia Room, The Hotel Roanoke, for an informal dinner meeting
with lan Lockwood, Senior Transportation Engineerwith the firm of Glatting Jackson
Kercher Anglin Lopez Rinehart, Inc., which is located in the State of Florida.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Linda F. Wyatt and Mayor Ralph K. Smith (arrived at 8:20 p.m.) ..... 5.
ABSENT: Vice-Mayor C. Nelson Harris and Council Member Alfred T.
Dowe, Jr.- ....................................................................................................... -2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, CityAttorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
OTHERS PRESENT: lan Lockwood, Senior Transportation Engineer, Glatting
Jackson Kercher Anglin Lopez Rinehart, Inc.; Fredrick Williams, First Vice-
Chairperson, Roanoke Neighborhood Partnership Steering Committee; R. Brian
Townsend, Director, Department of Planning and Code Enforcement; Kenneth H.
King, Manager, Streets and Traffic; and Stephen S. Niamke, Neighborhood
Partnership Coordinator.
TRAFFIC-PLANNING-ROANOKE NEIGHBORHOOD PARTNERSHIP:
Mr. Lockwood, a traffic calming specialist,visited the City of Roanoke at the
invitation of the Roanoke Neighborhood Partnership Steering Committee.
The Members of Council, City staff and the first Vice-Chair of the Roanoke
Neighborhood Partnership Steering Committee engaged in conversation with Mr.
Lockwood over dinner.
Following tours of the City of Roanoke and meetings with City Council,
neighborhood representatives, and civic and business leaders, Mr. Lockwood was
scheduled to speak at a public meeting to be held on Thursday, September 19, 2002,
at 6:30 p.m., at the Lucy Addison Middle School Auditorium, with regard to ways to
re-create City streets as inviting public places.
The City Council meeting was adjourned at 10:15 p.m.
APPROVED
ATTEST: ~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
75
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 3, 2002
12:15 p.m.
The Council of the City of Roanoke met in regular session on Thursday,
October 3, 2002, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter
2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Recjular Meetinqs, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Smith .................................................................................................. 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting a Closed Meeting to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .............................................................................................. 7.
NAYS: None ......................................................................................... -0.
76
CITY MANAGER-CITY PROPERTY: A request of the City Manager for a Closed
Meeting to discuss acquisition of real property for public purpose, where discussion
in open meeting would adversely affect the bargaining position or negotiating
strategy of the City of Roanoke, pursuant to Section 2.2.3711 (A)(3), Code of Virginia
(1950), as amended, was before Council.
Mr. Dowe moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss acquisition of real property for public
purpose, where discussion in open meeting would adversely affect the bargaining
position or negotiating strategy of the City of Roanoke, pursuant to Section 2.2-3711
(A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder
and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: A communication from
Council Member William H. Carder requesting a Closed Meeting to discuss a special
award being the "Shining Star" award, pursuant to Section 2.2.3711 (A)(10), Code of
Virginia (1950), as amended, was before the body.
Mr. Bestpitch moved that Council concur in the request to convene in a
Closed Meeting to discuss a special award being the "Shining Star" award, pursuant
to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .......................................................................................... -7.
NAYS: None ......................................................................................... 0.
At 12:20 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in the Emergency Operations Center Conference Room, Room 159, for
a briefing on the future function and appearance of City of Roanoke streets.
At 12:25 p.m., the meeting reconvened in Room 159, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with all Members of the
Council in attendance, Mayor Smith presiding.
77
TRAFFIC-STREETS AND ALLEYS: The City Manager introduced a briefing in
connection with the future design and function of City streets, which was the topic
of an August 2002 work session of Council and the City Planning Commission. She
advised that the Comprehensive Plan adoption is a vehicle by which the City should
continue to measure its performance and progress in making the City of Roanoke
the most liveable City in the United States. She called attention to her commitment
that a number of work sessions will be scheduled to provide an opportunity for
Council to talk with City staff in a more informal setting regarding future policy
direction activities within the City of Roanoke.
Robert K. Bengtson, Director, Public Works, presented an overview of the
topic to set the stage for additional discussion, and explained the concept of the
Comprehensive Plan relative to street design/function.
R. Brian Townsend, Director, Community Planning and Code Enforcement,
highlighted the context of the Comprehensive Plan. He called attention to three
basic policies regarding transportation; i.e.: to look at transportation issues from a
regional perspective, development of transportation systems that are designed to
look at the realistic approach to transportation which consists of more than just
streets, pedestrians, greenways, mass transit, airport, roads, etc., and to integrate
future land use with transportation planning. He advised that actions listed in the
Comprehensive Plan relate to street classifications and priorities, design principles
for City streets, policy actions toward development of greenways, bicycle routes and
mass transit.
Council Member Bestpitch advised that he recently met with the
Commissioner of the Virginia Department of Transportation (VDOT) in his capacity
as Chair of the Metropolitan Planning Organization, who stated that over 80 per cent
of VDOT's planning staff has, in the past, been located in Richmond and only 20 per
cent in the field; therefore, VDOT is working to reverse the ratio. Mr. Bestpitch
stated that one of the first new transportation planning positions will be assigned
to the Staunton District, and VDOT is trying to be more open to local government
involvement in land use and transportation planning.
Mr. Townsend presented views of Roanoke's street network (x-ray view), grid
constraints/limitations and examples of framework and non-framework streets. He
advised that the general plan indicates that Roanoke is a transportation system of
interconnecting grids, and identified breaks in the grids that are either man made,
or natural barriers that begin to run their way through the City of Roanoke. He
78
reviewed a sketch of framework and non-framework streets in the City and the role
they play, and noted that framework streets are important for not only the movement
of through traffic, but the connection with traffic systems within the City.
Kenneth H. King, Jr., Traffic Engineer, presented examples of street crossing
sections in relation to what framework and non framework streets would look like.
He stated that typically on a non framework street residential properties would be
located on each side of the street, sidewalks along with a certain level of planting
strips, parking on both sides of the street, and a parking lane. He referred to
examples of framework streets in the City of Roanoke, and presented examples of
framework and non framework streets in other localities.
Mr. Bengtson referenced joint efforts of City staff; i.e.: Public Works
Department, the Urban Forestry and Landscape section of the Parks and Recreation
Department, Planning and Code Enforcement, Roanoke Neighborhood Partnership,
and Economic Development, all of which are addressing the specific menu of
options that should be compiled into a landscaping plan, which are considered to
be enhancements and amenities. He referred to such things as different pavement
treatments, sidewalk treatments, street trees, benches, gateway signage,
undergrounding of utilities, all of which can fit together into a landscape/streetscape
plan that can serve as a menu of options for streets in the future, whether they are
streetscapes or non streetscapes. He mentioned efforts of the urban forestry
division that could fit into a streetscape plan; the City Planning Commission is
considering overhead versus underground utilities that can also fit into a
streetscape plan, and neighborhood plans should also be considered. He stated
that the ultimate goal is to establish a priority order for streetscaping in concert with
the Comprehensive Plan and identify those streets that have been listed in the
Comprehensive Plan as streetscape priorities, whether they are Route 460, Franklin
Road or Brandon Avenue, and at the top of the list would be a streetscaping plan
for 1-581. He called attention to City streets that require redesign, reconstruction and
retrofit, and advised that 10t' Street is a success story in terms of plans that are
forthcoming, because 10t' Street started out as a four lane route design, however,
following meetings with the neighborhood organization, it was deemed necessary
to scale back to a two-lane roadway because traffic volumes along 10th Street
plateaued several years ago with no foreseeable growth in the future. By contrast,
he stated that there are challenges in regard to breathing life into the southeast area
(Bullitt/Jamison Avenues) and the best way to do so in view of a pair of two lane
roads on Bullitt and Jamison Avenues that carry thousands of vehicles per day. He
noted that the challenge is to effect some type of change in terms of streetscape
79
opportunities, and how to effect a change that will manage traffic in the area. He
called attention to plans of the Northwest Neighborhood Environmental Organization
for developing 5th Street adjacent to the Coca Cola Plant between Gilmer and
Shenandoah Avenues, N.W. He advised that Williamson Road is a framework street
that recently came up on the street paving program, which presented an opportunity
to rework some of the striping on the roadway, given concerns about compatibility
with the Comprehensive Plan. Therefore, he stated that staffwould like to reassess
Williamson Road as a part of the present general discussion with Council. He
explained that the Williamson Road issue to date relates to efforts regarding
resurfacing and safety improvements through restriping.
In regard to funding, Mr. Bengtson advised that none of the improvements will
come without a cost and will involve projects that will require either local funding,
some improvements could be made through TEA-21 highway enhancement grants,
and there could be opportunities to include improvements as a part of the City's
paving program or sidewalk, curb and gutter program, and resources will be
necessary to maintain improvements as the City increases its streetscape assets
which will require a greater level of attention and funding through the City's
operating budget.
Discussion:
What is the best way to educate Council and the neighborhoods on the
various options? What is in the best interest of the City and associated
improvement costs?
There is a model that takes framework streets and applies land use,
motor vehicle registration, and population, etc., and by weaving all of
the information in with the street network, it is possible to create the
amount of traffic volumes that can be expected on certain roads, which
can also serve as a guide for the City to review trends of past
performance, traffic volumes, how they match up with what has been
projected, and allows City staff the opportunity to experiment.
The City Manager called attention to the need to focus on the land use issue
and how land use affects speed, as well as the types of traffic calming and
pedestrian friendly activities that might be needed. She advised that the
Comprehensive Plan describes many streets that are challenges to the City as
arterial streets; i.e.: Orange Avenue, Williamson Road, Bullitt/Jamison Avenues,
80
Peters Creek Road, Brandon Avenue, Grandin Road, and Franklin Road, and the fact
that the streets are categorized as arterial streets does not mean that they would
have to be placed in a category that they could not be changed from arterial streets.
She stated that it is hoped that today and in subsequent discussions with Council,
City staff will receive clear policy guidance as to Council's priorities within the City,
and those streets that Council would like City staff to target and begin to make small
changes in view of the cost factor per linear foot for improvements. She stressed
the importance of not taking any action in the next two to five years that the City will
regret as it moves toward furthering elements of the Comprehensive Plan.
Discussion:
The City is currently more aware of physical fitness, bicycles and
pedestrian friendly streets. Them would be an advantage to looking at
what other jurisdictions are experiencing.
The more mobile automobiles become, the less access citizens of the
community will have. The Comprehensive Plan clarifies and
frameworks the vision of the City of Roanoke, and the City must be
careful if it continues with the suburban mentality that automobiles
should be accessible at 40 - 45 miles per hour. The City should not do
anything that is contrary to the Comprehensive Plan, and look at every
area of the City to identify some way of traffic calming.
The City can spend exorbitant amounts of money on housing in the
Bullitt/Jamison Avenue area, but the area will be in trouble if traffic
calming measures are not put in place that will at least reduce speed
to the posted limit.
There is a need to review street design to the point where street design
drives the speed limit(s); and street design, many times, determines
land use.
Traffic counts serve no useful purpose if traffic is moving at 60 miles
per hour because motorists will not stop at business establishments,
therefore, speed determines whether traffic will stop at a certain point.
Those cities that talk about being pedestrian friendly and slowing down
traffic also have elements in their cities that the City of Roanoke does
not have; i.e.: some form of mass transit that will move persons
expeditiously throughout the locality, and the City of Roanoke should
look at creating a balance.
Before spending the kind of money that will be required to turn
Williamson Road into a two way street, it was proposed, on an
experimental basis, to close the two outside lanes on Williamson Road
for one month, in order to determine the impact on traffic and outlying
Williamson Road neighborhoods and businesses.
Is there a neighborhood association or business association that would
volunteer an arterial street on an experimental basis in order to
implement traffic calming measures?
It is agreed that the City of Roanoke must be accessible, but at what
speed. All of the "Warehouse Row" projects in the world and all of the
shell buildings that the City could possibly need could be constructed,
but unless Roanoke is a liveable community, it will not attract
technology-type persons to the area because they can live anywhere in
the United States that they choose to live.
The Comprehensive Plan drafts the framework for a liveable City and
the City of Roanoke should develop a plan to look at framework and
non.framework streets that can be adopted by Council that will provide
City staff with a clear understanding of the policy direction of the
Council.
With regard to the Brandon Avenue section of the Mudlick/Edgewood
intersection, why did the City construct a two way turning lane, and
what does that suggest that the City should do with other projects? It
was noted by staff that the Brandon Avenue project evolved as a part
of the entire Peters Creek Road process, and the City of Roanoke was
not focused on the ideas that are being shared with Council today. The
City Manager advised that the City could take what has been done on
Brandon Avenue and embellish it in such a way that will acknowledge
some of the principles that are in the Comprehensive Plan by taking
portions of the center left turn lane and creating an attractive green
81
82
median, or raised cross walk. It was noted that funding would be less
of an issue if such items had been included when the entire project was
under construction, rather than go back and make changes now.
It is necessary to strike a balance between residential and arterial
routes, to provide for the needs of all citizens, to address arterial routes
that get people in and out of the City, because if the City of Roanoke is
not user friendly, people will not be attracted to the area. Therefore, it
is important to reach a balance between the two, and certain things
can be done that will provide for both.
With regard to the repaving of a portion of Williamson Road, there is a
proposal to take two of the lanes and turn them into bike lanes in order
to address the needs of the younger generation. Greenways are
wonderful, but many citizens have stated that if there was a way to ride
their bicycle to work, a greater number of persons would not drive their
automobiles.
It is hoped that the City will move forward and accommodate the
citizens and businesses of the Williamson Road area which are vital to
the survival of the City of Roanoke.
Question was raised as to the timetable for resolving issues on Williamson
Road; whereupon, the City Manager referred to a series of meetings and discussions
with various community and business representatives in the area. She expressed
concern that a proposed plan for Williamson Road might not take into account the
findings of the Comprehensive Plan in regard to arterial routes; therefore, in
August 2002, it was reported to the Council and to the community that the restriping
of a portion of Williamson Road would be placed on hold pending direction from the
Council as to its acceptance and/or commitment to those elements of the
Comprehensive Plan relative to off streets, or whether or not staff should modify the
plan. She explained that even if there is a change of opinion in regard to how to
restripe Williamson Road, it would be spring 2003 before paving could begin, given
the paving schedule and the limited amount of time left in the paving season.
Therefore, she stated that in the intervening time, it is proposed, with direction by
Council, to look at what modifications could and should be made to accommodate
the area and to demonstrate more of the principles of pedestrian friendliness and
traffic calming, while recognizing the responsibility to move a certain number of
vehicles up and down Williamson Road in a given amount of time.
83
Ben Burch, III, President, Airlee Court Neighborhood Association, presented
a petition signed by approximately 231 persons with regard to paving of Williamson
Road. He advised that Williamson Road is past due for paving; and after 12 years,
repaving was scheduled for 2001, but was delayed because restriping was an issue.
He further advised that the public at large, residents and businesses were asked to
respond to the City's three proposals for the project and based on those responses,
the City made a decision to have a center turn lane from Angell Avenue to
Hershberger Road; and Williamson Road residents request the repaving and
restriping of Williamson Road as was previously scheduled and funded.
At 2:00 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke.
At 2:00 p.m., on Tuesday, October 3, 2002, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following
Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfrerd T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Smith ................................................................................................. 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Catherine A.
Houchins, Pastor, Metropolitan Community Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
84 -
PRESENTATIONS AND ACKNOWLEDGEMENTS:
PROCLAMATIONS-POLICE DEPARTMENT: The Mayor presented a
Proclamation declaring the month of October 2002, as Crime Prevention Month.
PROCLAMATIONS-FIRE DEPARTMENT: The Mayor presented a Proclamation
declaring the week of October 6-'12, 2002, as Fire Prevention Week.
PROCLAMATIONS-BLUE RIDGE BEHAVIORAL HEALTHCARE: The Mayor
presented a Proclamation declaring the week of October 6-12, 2002, as Mental illness
Awareness Week.
PROCLAMATIONS: The Mayor presented a Proclamation declaring the month
of October 2002, as National Arts and Humanities Month.
PROCLAMATIONS-DISABLED PERSONS: The Mayor presented a Proclamation
declaring the month of October 2002, as National Disability Employment Awareness
Month.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
MINUTES: Minutes of the regular meeting of City Council held on Monday,
August 19, 2002, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Carder moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Dowe and
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .......................................................................................... 7.
NAYS: None ...................................................................................... -0. __
85
EASEMENTS-WATER RESOURCES: A communication from the City Manager
advising that the City of Roanoke Water Division has been contacted by a developer,
John Griffin, regarding Kingston Estates, a new subdivision to be constructed in
Roanoke County; the main water distribution line from the Falling Creek Filtration
Plant runs through the property proposed for development, which water line has
existed in this location for approximately 100 years; the water line runs at a diagonal
through the property, which impacts the above referenced housing layout - two
houses would be less than ten feet from this line; the line is under very high
pressure and could cause considerable damage to property if left in its current
location; and leaving the water line in its current location would make routine or
emergency maintenance very difficult, was before Council.
It was further advised that the City has requested the contractor to locate the
water line in a new easement outside the lots in a dedicated water line easement; the
new line and the new easement will be in place before the existing easement is
vacated; the water line relocation has been completed and is acceptable to the City's
Utility Department; the contractor has requested the City to quitclaim its easement
through the roads which the Virginia Department of Transportation requires in order
to accept the road system for maintenance; and the City Attorney and the attorney
for the developer have agreed on a Deed of Release and Dedication for the water line
and the Deed of Quitclaim that is acceptable to the City of Roanoke.
The City Manager recommended, following a public hearing, execution of a
Deed of Release vacating the existing water line easement, the Deed of Dedication
establishing a new water line easement and a Deed of Quitclaim for the Virginia
Department of Transportation for the easement through the roadway right-of-way.
Mr. Carder moved that Council concur in the request of the City Manager to
schedule a public hearing on the matter. The motion was seconded by Mr. Dowe
and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
86
DIRECTOR OF FINANCE-OATHS OF OFFICE-CITY CLERK-CITY ATTORNEY-
COMMITTEES-HOUSING/AUTHORITY-MUNICIPAL AUDITOR-TRANSPORTATION
SAFETY-FIFTH PLANNING DISTRICT COMMISSION: The following reports of
qualification were before Council:
William M. Hackworth as City Attorney; Jesse A. Hall as Director of
Finance; Mary F. Parker as City Clerk; and Troy A. Harmon as Municipal
Auditor, for the City of Roanoke, for two year terms of office,
commencing October 1, 2002, and ending September 30, 2004;
Raymond Debose, Jr., as a member of the Fair Housing Board, to fill the
unexpired term of Bruce L. Robinson, resigned, ending March 31,2003;
Ben A. Burch, III, as a member of the City of Roanoke Transportation
Safety Commission, for a term ending October 31, 2004; and
R. Brian Townsend as a member of the Roanoke Valley Alleghany
Regional Commission, to fill the unexpired term of Evelyn S. Lander,
resigned, ending June 30, 2003.
Mr. Carder moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ................................................................................ 7.
NAYS: None .................................................................................. 0.
REGULAR AGENDA
PUBLIC HEARINGS:NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
87
BRIEFINGS:
HOUSING/AUTHORITY-GRANTS: The City Manager introduced a briefing with
regard to the "Southeast by Design" project. She advised that the purpose of the
briefing was to provide a community update as the City of Roanoke embarks upon
a plan for revitalization of this portion of the southeast area.
Michael Etienne, Acting Director of Housing and Neighborhood Services,
advised that approximately five months ago, the City of Roanoke retained the
services of Marsh Witt and Associates to develop a master plan for the "Southeast
by Design" pilot project, which is located between 6th and 13th Streets, S.E. He
stated that the southeast corridor is the first area selected under the City's new
neighborhood revitalization initiative, which is essentially to concentrate Federal
housing funds in one neighborhood at a time in order to achieve a visible and lasting
impact and to leverage investment. He explained that master planning would serve
as a guide for neighborhood revitalization activity on the corridor which is referred
to as "Southeast by Design." He introduced Terrence Harrington, Director of
Planning Services, Marsh Witt and Associates, to present a briefing on the master
plan design.
Mr. Harrington presented a status report on the findings and
recommendations of the "Southeast by Design" Community Master planning
process. He advised that the goal was to prepare a master plan that could be used
by the City of Roanoke and the community as a guide for community revitalization,
with the primary focus on housing revitalization and housing infill; however, the plan
will ultimately address community service needs, commercial infill, rehabilitation
plans, and transportation needs and issues in the corridor. He noted that the project
consists of the Bullitt/Jamison corridor between 6th and 13t~ Streets, and contains
a variety of land uses, the primary land use being single family homes consisting of
approximately 111, and 35 additional multi-family structures; however, 30 of the 35
structures were at one time constructed as single family homes and through their
life transition were converted into either a duplex unit or an accessory apartment.
He advised that of the houses in the corridor, approximately 33 per cent represent
the median housing value in the City, household incomes are approximately 50 per
cent median City-wide income, 57 per cent of the units are owner-occupied
compared to the City rate of 56 per cent, and most of the single family homes with
the highest degree of ownership are located in those portions of the corridor east
of 9th Street. He explained that 20 per cent of the land area is designated as
commercial nodes, and the 9th Street commercial node and the ~13t~ Street
88
commercial node are designated as desirable village center areas in the Vision 2001
Plan and in the draft Belmont Neighborhood Plan. He stated that approximately ten
per cent of the land area, or approximately six acres of land is vacant, and 45 vacant
parcels, most of which were at one time used for housing, have been removed for
a variety of reasons. He called attention to a four step process that was used over
the past five months consisting of analyzing existing conditions, looking at land use
patterns, ownership patterns, vacant land and vacant units (nine); and a
comprehensive housing quality evaluation was undertaken looking at the external
components of all 146 residential structures in the corridor by evaluating 12 different
components of the property, ranging from roofs and chimneys, to windows,
grounds, doors, and electricity. He added that following the evaluation, it was
determined that approximately 36 of the units are below average and approximately
44 units are of average quality, and the housing quality analysis will provide a guide
in terms of where to direct funding for the most immediate needs and for the most
immediate benefit to the neighborhood. He stated that appropriate stakeholder
interviews were conducted in an effort to gather background information on
community issues and needs, a neighborhood design workshop was held on
July 22 - 23, which provided an opportunity for residents and property owners to
share ideas about appropriate inflll design, traffic mitigation, and landscaping, etc.
He advised that monthly meetings were held with the community steering team
which was instrumental in setting community needs, priorities, and identifying
neighborhood issues.
Mr. Harrington stated that five priorities have been identified, the top being
housing rehabilitation in terms of the direction of efforts and resources; at least 44
structures are considered to be good candidates for substantial rehabilitation and
at least an equal or greater number of structures are candidates for minor
renovation; therefore, over one-half of the structures in the corridor would benefit
from some type of community revitalization. He advised that community services
were identified as a priority for the neighborhood and the project; for a number of
months the neighborhood has been working to locate a health care center in the
southeast corridor; residents are anxiously waiting for the opening of the police
substation which they believe will be of benefit to the corridor; and residents are
hopeful that a community recreation center will be located somewhere in southeast
and in the project area. He called attention to suggestions in the planning process
that there be an evaluation of vacant property within the corridor to determine
whether or not such community facilities could be located in the project area and,
if so, vacant land should be used for the above referenced community service
facilities and not for infill housing. He stated that of the 43 vacant lots, housing infill
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is a potential in the corridor by both public and private action. He recommended, as
the City continues the process to adopt neighborhood design district standards, that
infill housing be compatible by design and scale perspective with existing housing.
He advised that the fourth priority was traffic and neighborhood calming; the area
is a major transportation corridor for the community, with approximately 24,000
vehicles per day traveling in and out of the City through the area; therefore,
recommendations involve investigation of alternatives to ensure that the streets are
brought back to the neighborhood character through neighborhood calming and
traffic calming technology. He explained that the fifth priority relates to commercial
rehabilitation and inflll and called attention to two new examples of commercial
development in the corridor: Advance Store and CVS Pharmacy, with most of the
other commercial properties being relatively dated and suffering from lack of
landscaping and outdated signage. He called attention to numerous opportunities
for housing revitalization activities and opportunities in terms of evaluating traffic
and commercial uses. He referred to the following two components for
implementation; i.e.: the housing component - - in the near future, Council will be
requested to enter into agreements with the City of Roanoke Redevelopment and
Housing Authority and Blue Ridge Housing Development Corporation to serve as
lead housing agencies to implement the housing components, and Blue Ridge
Housing Development Corporation will sponsor a faith-based organization, World
Changers, involving approximately 350 youth who will participate in minor home
activities in the corridor in the summer of 2003. He advised that three lending
institutions, in addition to private leveraging being brought by the Roanoke
Redevelopment and Housing Authority and Blue Ridge Housing Development
Corporation, have blended activities and resources in the amount of $1.7 million,
some of which is in inkind services, publications, and actual financing. He
presented copy of the non-housing component and plans of the City of Roanoke for
implementation of various activities outside of housing, which lists the various City
departments agencies and resources they plan to contribute for implementation of
the "Southeast by Design" project.
Council Member Carder commended the work of The Reverend David Walton,
Pastor, Belmont Christian Church, and the Faith Works organization. He requested
an update on the complexity of the project and those City departments participating
in the process.
Mr. Etienne advised that neighborhood revitalization is a complex activity
because it requires not just housing, but City resources to address traffic,
community health care, neighborhood planning, etc. He stated that 17 City
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departments have committed their resources to revitalize the community which is
a major undertaking that requires not only Federal housing funds, but City
resources. He expressed appreciation to those City departments that have
committed approximately $500,000.00 toward revitalization of the corridor, and
explained that for every $1.00 of Federal funds devoted to the project, the City is
leveraging the project with $4.00; therefore, the City of Roanoke is leveraging the
$1.5 million invested in the community with $4.8 million in private funds, while
continuing to work with other financial institutions to increase the leverage.
Question was raised in regard to traffic calming mitigation; whereupon, the
City Manager advised that as specific plans are developed, and because the traffic
challenge is particularly onerous, it may be necessary to come back to Council with
regard to the traffic situation. She stated that because southeast was the first
community to be addressed under the program, the next Council agenda wiil include
a report on those neighborhoods that will be targeted following completion of the
"Southeast by Design" project. She advised that it is anticipated that it will take
longer than 12 months to complete the stated goals in the southeast area; therefore,
it may be necessary to focus on the southeast corridor for two years, as opposed to
the one year that was initially envisioned. She explained that future neighborhoods
will have neighborhood plans already developed which will enable activities to be
completed at a faster pace.
Mr. Etienne advised that the National Housing Design competition will be held
in January, 2003 and winning designs will be used in the "Southeast by Design" pilot
project. He stressed the importance that houses constructed in the community are
compatible with existing housing, and winning designs from the National Housing
Design competition will be used as a model for the community.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
ITEMS RECOMMENDED FOR ACTION:
CAPITAL IMPROVEMENTS PROGRAM-ROANOKE ARTS COMMISSION-ART
ACQUISITION-SCHOOLS: The City Manager submitted a communication advising
that at its regular meeting on September 3, 2002, Council received a staff
recommendation regarding potential changes to current guidelines for the Percent
for Art Program; at that time, Mark McConnei, Chair, Roanoke Arts Commission,
presented suggested changes to the guidelines as prepared by staff; Council
91
referred the proposed guidelines back to the City Manager for a second review in an
effort to reach consensus with the Arts Commission; and subsequently, Council met
with the School Board on September 16, 2002, to discuss involvement of the
Schools in the Percent for Art Program.
It was further advised that guidelines have now been revised to incorporate
changes suggested by the Arts Commission Chairman and Members of Council;
guidelines have also been revised to reflect participation by Roanoke City Schools
in the Program; and cost to begin implementation is $192,701.00 based on one per
cent of construction cost for eligible capital projects, including School projects, in
the Capital Improvements Program.
The City Manager recommended that Council adopt a measure approving
revised guidelines for the Percent for Art Program.
Mr. Cutler offered the following resolution:
(#36076-100302) A RESOLUTION endorsing a Percent-for-Art Program, and
repealing Resolution No. 33077-081996, adopted on August 19, 1996, which adopted
certain guidelines for the Percent-for-Art Program; and adopting new guidelines for
the Program.
(For full text of Resolution, see Resolution Book No. 66, page 437.)
Mr. Cutler moved the adoption of Resolution No. 36076-100302. The motion
was seconded by Mr. Bestpitch.
Robert Humphreys, Vice-Chair, Roanoke Arts Commission, spoke in support
of the guidelines and expressed appreciation to Council and to City staff for their
work. He stated that the guidelines will mark a new era for cultural enhancements
in the City of Roanoke, and the Roanoke Arts Commission looks forward to working
with Council and the citizens of the City of Roanoke. He explained that the Roanoke
Arts Commission is in the developmental stage of a long range City wide public art
plan that will involve input from City government, business leaders and citizens of
Roanoke, and it is the goal of the Arts Commission that the City of Roanoke be seen
as a progressive city that has its share of public art and cultural institutions and
serves as a successful model for other cities to emulate.
92 -
Resolution No. 36076-100302 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
FIRST CITIES COALITION: The City Manager submitted a communication
advising that Virginia First Cities is a coalition of 14 of the most fiscally stressed
older cities in Virginia advocating State government policy changes that will help
create a high quality of life in urban areas, and Roanoke is currently a member city;
Virginia First Cities Coalition is determined to develop a more formal relationship
among its member cities; a consultant was asked to prepare organizational
documents for Virginia First Cities; and it has been concluded that the structure
which best suits this purpose is a Joint Powers Association, allowable by the Code
of Virginia, §15.2-1300 et seq; in order for the City of Roanoke to enter into a more
formal relationship among the member cities, an ordinance needs to be approved
by City Council; and copy of the proposed Joint Powers Association Agreement and
By-Laws was presented for Council's consideration.
The City Manager recommended that Council adopt an ordinance authorizing
the City of Roanoke to enter into a Joint Powers Association Agreement, pursuant
to the Code of Virginia, 1950, as amended, §15.2-1300 et seu.
Mr. Carder offered the following ordinance:
(#36077.100302) AN ORDINANCE authorizing execution of a Joint Powers
Association Agreement, dated September 1, 2002, by and among the City and
various local governments of the Commonwealth, for the purpose of formally
establishing the Virginia First Cities Coalition, and approving the By-Laws of the
Coalition, upon certain terms and conditions, and dispensing with the second
reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 438.)
93
Mr. Carder moved the adoption of Ordinance No. 36077-100302. The motion
was seconded by Mr. Dowe.
Due to lobbying efforts of the Virginia First Cities Coalition, Council Member
Carder called attention to a victory in regard to the street maintenance payment
allocation formula, and advised that the street maintenance cost index has been
increased by eight per cent, which means an additional $253,215.00 to the City of
Roanoke.
Council Member Bestpitch inquired if the Joint Powers Association Agreement
is in draft format; whereupon, the City Attorney advised that the City has not
received the final version of the agreement. Mr. Bestpitch called attention to
instances in the draft agreement where it states, "take such other legal actions as
are appropriate", and suggested that the word "lawful" be used in lieu of "legal",
since legal action means taking one to court and lawful action means doing those
things that are within the law, or not specifically against the law.
Mr. Bestpitch also inquired about discussions in regard to membership cost
for localities; whereupon, the City Manager advised that current members pay an
annual fee and there is no indication at this time that the annual fee will increase.
She stated that any change would have to be presented to the member organization
in the spring of the year for adoption/incorporation into the annual operating budget
and any change would be effective at the beginning of each fiscal year. She advised
that currently, no increased cost is proposed; however if the annual fee increases
in the future, member localities would have the opportunity to address the matter
prior to enaction. She added that there are ways within the confines of the
agreement to withdraw from the organization, should the locality determine the
annual fee to be onerous at any point in time.
Mr. Bestpitch advised that the By-Laws speak to the designated elected
official or alternate, and the designated administrative official or alternate; however,
the agreement does not identify a process by which those individuals are to be
appointed. The City Manager explained that it is at the discretion of the individual
member localities to determine their membership; Council Member Carder was
reaffirmed on July l, 2002, as the Council's designated representative and the
administrative official has typically been the City Manager of each of the
participating jurisdictions.
94
Mr. Bestpitch suggested that the City Manager report to Council with regard
to formalizing the process for appointing the designated representative and
alternate, and the designated administrative official and alternate.
There was discussion with regard to listing the names of specific individuals
assigned to the various offices in the Joint Powers Association Agreement;
whereupon, the City Attorney clarified a requirement in the Commonwealth of
Virginia that when a new corporation files its initial Articles of Incorporation, it is
appropriate to name the initial officers, which are later subject to change.
Ordinance No. 36077-100302 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................................... -7.
NAYS: None ......................................................................................... 0.
HEALTH DEPARTMENT-BUDGET-HUMAN DEVELOPMENT-GRANTS: The City
Manager submitted a communication advising that the Roanoke Department of
Social Services and the State Department of Social Services entered into an
agreement in 1994 to establish an EligibilityWorker position through the Department
of Social Services to be located at the Roanoke Health Department, to ensure that
all citizens have an opportunity to apply for Medicaid; the Agreement remains in
effect until modified by mutual consent or operation of law; there is no local cost for
the position; approximately 50 per cent of the cost is reimbursed from Federal
Medicaid administrative funds, and the Health Department reimburses the remaining
cost; and the Roanoke Health Department wishes to continue the service.
The City Manager recommended that she be authorized to execute a contract
between the City of Roanoke, the State Health Department, and the Virginia
Department of Social Services, such agreement to be approved as to form by the
City Attorney, to continue the services of the outstationed Eligibility Worker at the
Health Department, in accordance with the original agreement; and that Council
appropriate $34,678.00 for fiscal year 2002-03 to revenue and expenditure accounts
to be established by the Director of Finance, as follows:
Salary
City Retirement
ICMA Match
$27,203.00
1,700.00
650.00
95
FICA $ 2,081.00
Health Ins. 2,748.00
Dental Ins. 202.00
Disability Ins. 94.00
Mr. Bestpitch offered the following budget ordinance:
(#36078-100302) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 440.)
Mr. Bestpitch moved the adoption of Ordinance No. 36078-100302. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
Mr. Dowe offered the following resolution:
(#36079-100302) A RESOLUTION authorizing the City Manager to execute, on
behalf of the Department of Social Services, an Agreement between the Roanoke
City Department of Social Services, the State Health Department and the Virginia
Department of Social Services for the continued services of an Eligibility Worker at
the Health Department, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 66, page 441 .)
Mr. Dowe moved the adoption of Resolution No. 36079-100302. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
96
SIGNALS AND ALARMS-TRAFFIC: The City Manager submitted a
communication advising that the Virginia Department of Transportation (VDOT)
approved an application from the City of Roanoke in 1998 for installation of railroad
crossing gates on Norfolk Avenue, west of 3rd Street, S. E, which location is
presently controlled by flashing lights; funding to install the new gates and replace
the flashing lights is 90 per cent Federal and ten per cent local; VDOT allows 98 per
cent of the local share to be funded from Roanoke's annual allocation of urban
construction funds; of the $329,400.00 estimated for the project, Roanoke will be left
with a direct cost of $658.80 (0.2 per cent of total cost); and existing operating
accounts within the Transportation Division of the Department of Public Works can
fund the City of Roanoke's share of this project.
It was further advised that an agreement between the City of Roanoke, the
Commonwealth of Virginia and the Norfolk Southern Railway Company has been
prepared and provided to the City for execution; in addition to construction cost,
there is an annual maintenance fee of $987.50 for which the City of Roanoke will be
responsible, which likewise can be funded from the Transportation Division's
operating accounts; and authority is needed for the City Manager to execute the
agreement on behalf of the City of Roanoke.
The City Manager recommended that she be authorized to execute, on behalf
of the City of Roanoke, an agreement with the Commonwealth of Virginia and the
Norfolk Southern Railway Company.
Mr. Harris offered the following resolution:
(#36080-100302) A RESOLUTION authorizing execution of an agreement
between the City and the Commonwealth of Virginia, Department of Transportation,
and the Norfolk Southern Railway Company, said agreement relating to the
installation of flashing light signals and short arm gates at the crossing of Norfolk
Avenue.
(For full text of Resolution, see Resolution Book No. 66, page 442.)
Mr. Harris moved the adoption of Resolution No. 36080-100302. The motion
was seconded by Mr. Dowe and adopted by the following vote:
97
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
POLICE DEPARTMENT-BUILDINGS/BUILDING DEPARTMENT-BUDGET: The
City Manager submitted a communication advising that in January 2002, a contract
for consulting services between the City of Roanoke and Ronald M. Martin &
Associates, P.C., t/a Martin & Associates, P.C., for the Police Building project -
Phase II, was terminated for cause based on the consultant's inabilityto maintain the
project schedule and due to the loss of key personnel within its organization; and
upon termination, the City paid approximately $63,000.00 for services rendered to
date.
It was further advised that in January 2002, a Request for Proposals to solicit
professional architectural and engineering services to complete the Phase II portion
of the Police Building project was publicly advertised; and the City received
proposals from four architectural-engineering design firms, with the firm of
Cederquist Rodriguez Ripley, P.C., d/b/a Rodriguez Ripley Maddux Motley being
selected as the best qualified to provide the required services.
It was stated that City staff has negotiated an acceptable agreement for the
above referenced work with Rodriguez Ripley Maddux Motley, for a lump sum fee of
$345,000.00, which includes all normal ("basic") architectural/engineering design,
bid and construction phase services; cost for project design has increased due to
introduction of a new consultant; the new consultant will also assist the City in
preparation of several development options related to the proposed site, which
services were not included in the previous scope of work; total funding in the
amount of $375,800.00 is needed for the project; funding in excess of the contract
amount is needed to support advertising expenses, reproduction of bid documents,
and other unforeseen project expenses; and funding is available in the following
accounts:
Name Account Number Amount
New Police Building
Construction
008-052-9563 $ 34,000.00
Police Building Design 008-052-9564 201,000.00
98 -
Capital Improvement
Reserve
008..052-9575-9173
$ 140,000.00
$ 375,800.00
The City Manager recommended that she be authorized to execute a Contract
for Consultant Services for the above referenced work with Cederquist Rodriguez
Ripley, P.C., d/b/a Rodriguez Ripley Maddux Motley, in the amount of $345,000.00;
that Council transfer $34,000.00 from Account No. 008-052-9563, New Police
Building Construction, $201,800.00 from Account No. 008-052-9564, Police Building
Design, and $140,000.00 from Account No. 008-052-9575-9173, Capital Improvements
Reserve, to an account to be established by the Director of Finance entitled, Police
Building Design - Phase II.
Mr. Harris offered the following ordinance:
(#36081-100302) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 443.)
Mr. Harris moved the adoption of Ordinance No. 36081-100302. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
Mr. Bestpitch offered the following resolution:
(#36082-100302) A RESOLUTION authorizing a contract with
Cederquist Rodriquez Ripley, P. C., dlbla Rodriguez Ripley Maddux Motley, for
architectural and engineering services for the Police Building Project - Phase I1.
(For full text of Resolution, see Resolution Book No. 66, page 444.)
99
Mr. Bestpitch moved the adoption of Resolution No. 36082-100302. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
BUDGET-FIRE DEPARTMENT-EMERGENCY MEDICAL SERVICES: The City
Manager submitted a communication advising that the Assistance to Fireflghters
Grant Program is designed as an opportunity for the United States Congress to work
with the Federal Emergency Management Agency (FEMA) to enhance basic fire
service delivery across the United States; over 19,000 fire departments applied for
grant awards this year; however, 5,000 departments will receive the allotted $360
million to support fire protection, EMS delivery, vehicle purchase, and prevention
programs in 2002.
It was further advised that the Federal Emergency Management Agency and
the United States Fire Administration recently announced that the Roanoke Fire-EMS
Department has been awarded a $624,840.00 grant from the 2002 Assistance to
Firefighters Grant program; the total award package includes a local match of 30 per
cent, totaling $187,452.00, which is budgeted in Account No. 001-520-3213-9132; the
grant was authored and submitted in collaboration with Randall Funding and
Development, Inc., the firm with which Council authorized execution of a contract
for grant writing services earlier this year; and to date, not inclusive of matching
funds, $570,388.00 in grant funding ($15,000.00 non-monetary) has been generated
to the City through the contract, at a cost of $121,000.00 for two years.
It was explained that the award will be used by the Fire/EMS Department for
support in Fire Operations and Firefighter Safety; specifically, the award will be used
to acquire new firefighting equipment in the form of Rapid Intervention Team (RIT)
kits and to update personal protective equipment by replacing old and obsolete air
packs.
The City Manager recommended that Council authorize acceptance of the
grant award; authorize the City Manager to execute the required grant agreement
and any other related documents, and establish appropriate revenue and
100
expenditure estimates in the Grant Fund in accounts to be determined by the
Director of Finance; and approve transfer of the City's match, in the amount of
$187,452.00, from Account No. 001-520-3213-9132, to Transfers to Grant Fund
account.
Mr. Dowe offered the following ordinance:
(#36083-100302) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General and Grant Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 445.)
Mr. Dowe moved the adoption of Ordinance No. 36083-100302. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................... -7.
NAYS: None ........................................................................ -0.
Mr. Bestpitch offered the following resolution:
(#36084-100302) A RESOLUTION authorizing the acceptance of a certain
Assistance to Firefighters Grant from the Federal Emergency Management Agency,
and authorizing execution of any required documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 66, page 446.)
Mr. Bestpitch moved the adoption of Resolution No. 36084-100302. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................................... 7.
NAYS: None .............................................................................. -0.
101
CITY ATTORNEY:
BUDGET-LEGISLATION-SCHOOLS: The City Attorney submitted a written
report advising that at the Council meeting on September 16, 2002, after reviewing
a Virginia Education Association resolution concerning the educational funding
crisis in the Commonwealth of Virginia, Council referred the matter to the City
Attorney for preparation of a resolution for consideration by Council; whereupon,
in accordance with the request of Council, he transmitted a resolution expressing
the City Council's concerns regarding the educational funding crisis in the
Commonwealth of Virginia.
Ms. Wyatt offered the following resolution:
(#36085-100302) A RESOLUTION declaring the educational funding crisis in
the Commonwealth to be of paramount importance to the City, its residents and its
school children.
(For full text of Resolution, see Resolution Book No. 66, page 447.)
Ms. Wyatt moved the adoption of Resolution No. 36085-100302. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .......................................................................................... ,---7.
NAYS: None ................................................................................... -0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted the Financial Report for the City of Roanoke for the month of July,
2002.
The Director of Finance pointed out that sales tax is up by 1.6 per cent
compared to a year ago, which is positive because the sales tax was previously
declining on a month to month basis. He stated that he has been working with cell
phone companies to better identify the locality of residence of an individual cell
phone customer, and the method by which the cell phone company divides the cell
phone tax. He advised that prior to closing the fiscal year on June 30, 2002, the City
102
received a payment from a major cell phone company of approximately $400,000.00,
with the understanding that on a monthly basis, the City of Roanoke is owed a major
share of cell phone tax collections in the Roanoke Valley. He stated that everyone
is anxiously awaiting news from the Governor on proposed State budget reductions,
and the City Manager has identified several measures to be taken by the City in
anticipation of State funding reductions.
There being no questions and without objection by Council, the Mayor advised
that the Financial Report would be received and filed.
REPORTS OF COMMITTEES: NONE
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION
RESOLUTIONS:
OF ORDINANCES AND
VIRGINIA MUNICIPAL LEAGUE-CITY COUNCIL: Mr. Cutler offered the following
resolution designating William D. Bestpitch as Voting Delegate, and William H.
Carder as Alternate Voting Delegate, for the Annual Business Session and meetings
of the Urban Section of the Virginia Municipal League, and designating the City
Manager as the Staff Assistant for any meetings of the Urban Section to be held on
Tuesday, October 22, 2002, in Norfolk, Virginia:
(#36086-100302) A RESOLUTION designating a Voting Delegate and Alternate
Voting Delegate for the Annual Business Session and meetings of the Urban Section
of the Virginia Municipal League and designating a Staff Assistant for any meetings
of the Urban Section.
(For full text of Resolution, see Resolution Book No. 66, page 449.)
Mr. Cutler moved the adoption of Resolution No. 36086-100302. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................................ 7.
NAYS: None ........................................................................................ 0.
103
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
WATER RESOURCES: Council Member Dowe referred to a recent newspaper
article regarding lead poisoning, and inquired if there is anything that can be done
to decrease and eventually eliminate lead poisoning and arsenic levels in the City's
water supply.
DECEASED PERSONS: Council Member Dowe called attention to the passing
of Ms. Lola Morgan, a long time resident of the City of Salem, and requested that the
Morgan family be remembered in prayer.
CITY COUNCIL-LANDMARKS/HISTORIC PRESERVATION: Council Member
Carder commended Vice.Mayor Harris on his book entitled, Roanoke In Vintaqe
Postcards, which chronicles the history of the City of Roanoke and its architecture
through postcards.
COMPLAINTS-CITY COUNCIL-COMMUNITY PLANNING: Council Member Wyatt
expressed concern with regard to the proliferation of tattoo parlors in the Williamson
Road area. She advised that the City Attorney has provided the City Planning
Commission with a draft measure to address the matter and requested that the City
Manager expedite the process through the City Planning Commission for
presentation to Council as soon as possible.
The City Manager advised that the process could be expedited by
approximately six weeks if the Council and the City Planning Commission hold a
joint public hearing; therefore, she would refer the matter to the Director of
Community Planning and Code Enforcement.
GRANDIN THEATER: Vice-Mayor Harris advised that the grand opening of the
Grandin Theater will be held on Sunday, October 20, 2002. He further advised that
some Members of Council will be out of the City on October 20; therefore, the
Executive Director of the Grandin Theater will be available to provide tours for those
Members of Council who cannot attend the grand opening. He expressed
appreciation to Council for its support of the Grandin Theater project, which was a
public/private partnership to save and renovate a historical theater in the Roanoke
community. He advised that on October 20, 2002, the Grandin Theater will come
back on the City's tax roles as a tax paying corporate citizen of the community.
104
YOUTH: The Mayor presented remarks with regard to the White House
Conference on "Missing, Exploited and Runaway Children", which he attended on
Wednesday, October 3, 2002, in Washington, D. C. He advised that the Conference
was attended by the President of the United States and Mrs. Bush, the Attorney
General, a majority of the President's Cabinet, the Director of the Federal Bureau of
Investigation, the Secretary of Education, the Secretary of State, and John Walsh,
host of America's Most Wanted, all of whom were present to emphasize the
seriousness of the matter. He stated that many persons were in attendance who had
experienced such tragedies in their lives; whereupon, the Mayor called attention to
the importance of supporting those organizations that would prevent this type of
tragedy from happening in the Roanoke Valley.
SPORTS ACTIVITIES: Council Member Wyatt advised that the Roanoke
Express hockey team recently held its first game with Richmond and the second
expedition game for this season will be held this evening at the Ice Station. She
encouraged citizens to support their home town hockey team.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response, report and
recommendation to Council.
No citizens signed up to speak.
CITY MANAGER COMMENTS:
GRANDIN THEATER: The City Manager advised that she had an opportunity
to tour the newly renovated Grandin Theater, and the communitywill be pleased with
the changes that have been made to the facility.
CITY COUNCIL-CITY INFORMATION SYSTEMS: In view of time constraints, the
City Manager withdrew a briefing on technology which was previously scheduled to
be held following the 2:00 p.m. session of City Council.
At 4:10 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in the Emergency Operations Center Conference Room, Room 159, for
a briefing on a traffic management study.
105
At 4:15 p.m., the Council meeting reconvened in Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, for a briefing on a
traffic management study.
PRESENT: Council Members William D. Bestpitch, William H. Carder, M.
Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Smith ................................................................................................. -7.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
TRAFFIC-ROANOKE CIVIC CENTER: The City Manager introduced an overview
of the traffic management study that addresses parking and traffic issues related to
expansion of the Roanoke Civic Center and construction of the new
stadium/amphitheater on Orange Avenue, N.W. She advised that both projects are
anticipated to be bid shortly after January 1,2003, with the goal of achieving certain
economies through the potential of a single contractor. She introduced Paul
Anderson, representing the firm of Hayes, Seay, Mattern and Mattern; Joe Wallace,
representing the firm of Weldon Smith Associates; and Kenneth H. King, City of
Roanoke Traffic Engineer, members of the team that worked on the traffic
management plan. She advised that Mr. Anderson would address the traffic study
which covered numerous Roanoke intersections, the proposed management plan
for addressing traffic at the Civic Center and any major event in the downtown area,
and experiences with regard to two recent large events at the Roanoke Civic Center.
Mr. Anderson addressed the impact of additions/improvements to the Civic
Center and construction of a new stadium/amphitheater on Orange Avenue. He
stated that traffic must be viewed differently for a venue of this type, as opposed to
normal development such as an office park/building, etc., in that there will not be a
lot of traffic most of the time; however, when events are held, there will be a large
volume of traffic, demanding a large amount of parking spaces. Additionally, he
noted that expectations for those persons exiting the facility will be different than
for the average development that has week day traffic five days a week throughout
the year.
He explained the data gathering phase of the studywhich involved talking with
persons familiar with the operation of civic centers, interviews with stakeholders in
the project, and reviewing actual events during the study process.
106
He stated that impacts of the site are not going to be felt at just the Williamson
Road/Orange Avene site alone, but at other major venues and arterials of Williamson
Road/Orange Avenue, and as far out as Hershberger Road could be affected when
there is a need to route traffic for large events.
He called attention to the method of reviewing traffic, from a typical Friday
night hockey game, to a sell out concert at the stadium/amphitheater; therefore, it
was decided to review seven different scenarios; i.e.: a major event with a sell out
at both sites at the same time, a major event at the civic center, a major event at the
stadium/amphitheater, normal events at the civic center and stadium/amphitheater,
or those kinds of events that happen 10 - 20 times a year such as a high school
football game, and minor events at both sites; i.e.: what happens when there is a
high school football game and a hockey game going on at the same time.
He advised that a traffic management plan involves taking the tools that the
City has at its disposal and coordinating those tools with traffic in the area, because
there is a lot of capacity to bring people to the site, through the use of exit ramps,
and parking on the two sites; however, there will not be sufficient parking at either
site to handle all vehicles at a sell out event; therefore, the question becomes where
will patrons park. He called attention to a large amount of downtown parking which
could be utilized with accompanying shuttle bus operations that will serve as the
backbone of the traffic management plan; the need for improved communication
with patrons through the use of variable message signs that will advise patrons of
the status of the parking lots and directions to nearby parking garages; and
temporary signs will be set up on barricades and permanent signs will be flipped up
or down depending on whether a shuffle is available. He stated that there should be
better communication between parking lot attendants so that they will know when
the parking lots are full, the civic center roof top has been used to observe traffic for
two recent events, and will continue to be used with appropriate staff and video
cameras, and video cameras can be used for security purposes as well. He called
attention to the need to accommodate the shuffle bus operations to ensure that they
are not detained in traffic, waiting for traffic lights to change, or waiting for vehicular
traffic to move on, all of which can cause efficiency to go down. He referred to the
need to establish a temporary traffic management center to manage the various
agencies involved in an event such as police, civic center on site parking staff,
coordination with the Virginia Department of Transportation in regard to message
signs on 1.581, and Valley Metro staff. He also called attention to the importance of
the pedestrian bridge which is intended to link the civic center and the
stadium/amphitheater sites, and the need for meetings in order to coordinate plans
so that everyone involved is working from one plan.
107
Kenneth H. King, Traffic Engineer, discussed pre planning traffic management
at two recent civic center events; i.e.: the Down From the Mountain concert which
was almost a sell out and the Elton John concert which was a sell out. He reviewed
management measures that were implemented for both events, including shuttle
buses,vehicular parking in the Gainsboro, Church Avenue and Williamson Road
parking decks, variable message signs at certain peripheral locations, directions
to the various parking decks for those persons who are not familiar with the
Roanoke area, a parking attendant who greeted individuals as they exited shuttle
buses to remind patrons to remember which shuffle they took and which parking
deck they used, and shuttle bus operators communicated over radios with civic
center patrons.
Mr. King called attention to measures that were taken to keep a clear corridor
for the shuttle bus operation byworking with public safety staff and civic center staff
to maintain a free flow of traffic, bus priority loop, certain street intersections were
chosen where staff could restrict movement and intersection lights were placed on
flashing, while other intersections were moved by police control. He advised that
each event will be different or unique and will require coordination with the various
parties involved; therefore, the key component is pre planning coordination and
cooperation with other affected City departments. He stated that the goal of the City
is to make shuttle bus operations as attractive, if not more so, than actually driving
to the site, because those persons driving to the site create the greatest demand on
the system. He called attention to the need to reduce congested traffic points,
reroute traffic around congested points, utilize off site parking to its greatest
advantage, improve shuttle ramps and efficiency of the shuttle loop, enhance on-
street traffic control, effective communication by staffwhich will involve all persons
working from the same game plan, and staff will have to be proactive and take
control of the traffic in order to manage traffic and prevent traffic congestion.
Mr. Lawrence called attention to the importance of coordination of traffic
signals for successful traffic management, which can be a 24 hour a day, seven days
a week project, and can be used in those instances when an event is not taking
place at the civic center and/or stadium/amphitheater and can also be implemented
in the event of a traffic accident when traffic needs to be detoured. Also, he
indicated that some of the variable message signs that are currently temporary could
be made permanent so that they are available for these types of occurrences. He
advised that by virtue of sending the parking downtown, an economic spin-off
108
is created for the downtown area; and civic center events are not competing with,
but complimenting downtown, i.e.: a patron comes from work, leaves their vehicle
parked in its same location, goes to dinner in the downtown area, takes a shuttle bus
to the civic center, returns to the downtown area after the event, and takes
advantage of activities in the City Market area.
The City Manager advised that the recommendations have applicability to the
entire City, and civic center and stadium/amphitheater parking can, in the future,
serve as locations to park vehicles when there are major events in the downtown
area; therefore, the kinds of tools that will be used for parking can be applied to
different scenarios.
Council Member Dowe suggested the use of pre-recorded am radio messages
for civic center and stadium/amphitheater patrons to monitor the parking/traffic
situation via their car radios, which would enable them to take advantage of alternate
routes prior to approaching a multiple message sign.
It was noted that part of the overall publicity package could be the provision
of flyers with ticket purchases containing information on available parking and
shuttle bus service; and messages could be posted on the City's web-site.
Question was raised as to traffic management for the amphitheater and sports
complex; whereupon, Mr. Anderson advised that it is not proposed to widen
Williamson Road, but it is envisioned that temporary signage will be used to indicate
that through traffic should stay to the right and event traffic should remain in the left
lane, and Wayne Street will be used as the main entrance. By using a map of the
area, he explained how traffic will enter and exit the stadium/amphitheater complex.
Council Member Wyatt suggested a type of color coding for shuttle buses that
could be linked to a certain garage/parking deck.
Upon question, the City Manager advised that currently, the Civic Center
parking lot is used by City employees for parking, which has freed up approximately
300 parking spaces in downtown; however, City staff is looking at other distant lots
because the Civic Center parking lot cannot be filled up during the day due to day
time events that need parking accommodations. She stated that as soon as another
distant lot is identified, a shuttle service to downtown will be initiated and Downtown
Roanoke, Inc., has expressed an interest in participating in the employee shuffle bus
program.
109
The Mayor suggested that Center in the Square and First Union Tower Parking
decks also be used for parking for civic center and stadium/amphitheater events,
which would also create a spinoff for restaurants in the City Market area.
There was discussion in regard to costs associated with the traffic
management plan in which the City Manager advised that in most communities
traffic management is a shared cost between the promoter and the facility; i.e.: the
event may require the use of police office's, but police officers would be paid from
a budget other than the City's police budget, and shuffle buses could be funded from
a combined promoter fund and/or civic center budget.
(Council Member Bestpitch left the meeting at 5:10 p.m.)
(Council Member Dowe left the meeting at 5:20 p.m.)
At 5:25 p.m., the Mayor declared the meeting in recess for three Closed
Sessions which were previously approved by Council.
At 6:00 p.m., the Council meeting reconvened in the City Council Chamber,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
all Members of the Council in attendance, except Council Members Bestpitch and
Dowe, Mayor Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Harris
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Carder, Cutler, Harris, Wyatt and Mayor Smith ........ 5.
NAYS: None ............................................................................................ 0.
(Council Members Bestpitch and Dowe were absent.)
110
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: The Mayor advised that the
term of office of Dennis R. Cronk and Stark H. Jones as members of the Industrial
Development Authority will expire on October 20, 2002, and called for nominations
to fill the vacancies.
Mr. Harris placed in nomination the names of Dennis R. Cronk and Stark H.
Jones.
There being no further nominations, Messrs. Cronk and Jones were
reappointed as Directors of the Industrial Development Authority, for terms ending
October 20, 2006, by the following vote:
FOR MESSRS. CRONK AND JONES: Council Members Carder, Cutler, Harris,
Wyatt and Mayor Smith ................................................................ 5.
(Council Members Bestpitch and Dowe were absent.)
OATHS OF OFFICE-TRAFFIC-COMMITTEES-TRANSPORTATION SAFETY: The
Mayor advised that there is a vacancy on the City of Roanoke Transportation Safety
Commission, and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of David Fifer.
There being no further nominations, Mr. Fifer was appointed as a member of
the City of Roanoke Transportation Safety Commission, for a term ending
October 31, 2004, by the following vote:
FOR MR. FIFER: Council Members Carder, Cutler, Harris, Wyatt and Mayor
Smith ............................................................ -5.
(Council Members Bestpitch and Dowe were absent.)
OATHS OF OFFiCE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor
advised that there is a vacancy on the Roanoke Arts Commission, and called for
nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Betty Branch.
111
There being no further nominations, Ms. Branch was appointed as a member
of the Roanoke Arts Commission, for a term ending June 30, 2005, by the following
vote:
FOR MS. BRANCH: Council Members Carder, Cutler, Harris, Wyatt and Mayor
Smith ............................................................................................................. 5.
(Council Members Bestpitch and Dowe were absent.)
ZONING-Y. M. C. A.: The City Manager submitted a communication advising
that the City of Roanoke owns approximately 1.99 acres of land in the block bounded
by Fifth Street, Campbell Avenue, Sixth Street, and Luck Avenue, S. W., designated
as Official Tax Nos. 1113401, 1113408, 1113409, 1113410, 1113411, 1113412,
1113414, 1113418, and 1113419; the only structures on said properties ar~ the
Jefferson Center (located on Official Tax No. 1113401) and the Jefferson Gym
(located on Official Tax No. 1113414), and the remaining parcels are currently used
for parking; the YMCA of Roanoke Valley, Inc., owns approximately 0.902 acre in the
same block, identified as Official Tax Nos. 1113415, 1113416, 1113417, 1113420,
1113421, 1113422, 1113423, 1113424, and 1113425; and said parcels are currently
used for parking and zoned C-1, Office District.
It was further advised that the YMCA of Roanoke Valley has developed plans
for a new central branch facility that involves participation by the City of Roanoke;
the proposed project is consistent with the Jefferson Center Initiative of Roanoke
Outlook Update, the downtown component of the City's Comprehensive Plan; and
in order to accommodate moving forward with the project, the City needs to enter
into a rezoning petition with the YMCA to rezone said properties from C-1, Office
District, to C-3, Central Business District.
The City Manager recommended that she be authorized to jointly file with the
YMCA of Roanoke Valley, Inc., an application with the City Planning Commission to
request that the above described parcels of real estate be rezoned from C-1, Office
District, to C-3, Central Business District.
Mr. Carder offered the following resolution:
112
(#36087-100302) A RESOLUTION authorizingthe filing ofa petitionto rezone
propertywhichis owned bythe CityofRoanoke and whichis designated as Official
Tax Nos. Ill3401,1113408,1113409,1113410,1113411,1113412,1113414,1113418
and1113419.
(For full text of Resolution, see Resolution Book No. 66, page 450.)
Mr. Carder moved the adoption of Resolution No. 36087-100302. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Carder, Cutler, Harris, Wyatt and Mayor Smith ........ 5.
NAYS: None ................................................................................ -0.
(Council Members Bestpitch and Dowe were absent.)
BUDGET-WATER RESOURCES: The City Manager submitted a communication
advising that on February 4, 2002, Council declared that a water supply emergency
existed and instituted water conservation measures, which continue as of this date;
on April 15, 2002, Council further declared the existence of an emergency in
connection with obtaining design services and construction work for certain
projects to obtain additional sources of water to increase the City's water supply to
assist in dealing with the City's water supply emergency; one of the projects was
modified by Council on July 1, 2002, to allow for a temporary filtration system at
Crystal Spring; two of the three projects have been completed and the third project
is currently underway; since approval of the emergency water supply projects,
rainfall has continued to avoid the Carvins Cove Reservoir and watersheds and the
City's water reserves continue to drop; and as of September 23, 2002, the level of
Carvins Cove Reservoir was 33.6 feet below the spillway, and 4.4 feet below the
lowest recorded level.
The City Manager further advised that staff has determined that it is imperative
to expedite additional projects to continue to provide water to the City's customers
and to extend the life of the Carvins Cove Reservoir; staff requests that deviations
to the normal procurement methods be allowed in order to fast track the projects;
staff recommends exploration and development of additional well sites utilizing and
extending the current contract with Golder Associates Inc., of Richmond, Virginia;
estimated cost for additional well sites is $500,000.00, based on the degree of
complexity to evaluate the viability of wells; staff further recommends additional
113
infrastructure water line construction to bring water from the Roanoke County
system to the City from the Loch Haven service district, at an estimated cost of
$1,000,000.00, which is expected to yield three million gallons; balance of remaining
funds may be used for other water line projects; and if real property needs to be
acquired for any of the projects, approval by Council will be requested.
The City Manager recommended that Council appropriate $500,000.00 from
Water Fund retained earnings to Account No. 002.530-8408-9003 - Well
Supplements, to provide for exploration, design and construction of additional well
projects as above described; appropriate $1,000,000.00 from Water Fund retained
earnings to an account to be established by the Director of Finance, to provide for
design and construction of an additional water line(s) as above described,
appropriate $140,000.00 from Water Fund retained earnings to Account No. 002-530-
8413-9003 - Crystal Spring Temporary Filtration, to provide for continuation of use
of the system, replacement filters and additional monthly lease cost on equipment
until the permanent facility is placed on line; that Council declare that an emergency
exists within the meaning of §41 of the City Charter and authorize the City Manager
to make emergency improvements without following the normal procurement
methods, to the extent reasonably necessary for the above referenced projects;
authorize the City Manager to negotiate directly with Golder Associates to provide
additional consulting and well drilling services and to take such further action, or to
execute such documents as may be necessary, to implement and administer
additional well development projects as above referenced, within the above
estimated cost; and authorize the City Manager to negotiate and contract directly
with appropriate entities to provide and obtain design, construction, equipment, and
related work to develop additional infrastructure water line(s) to bring additional
water from the Roanoke County system to the City system from the Loch Haven
service district as above referenced, within the above estimated cost.
Mr. Harris offered the following budget ordinance:
(#36088-100302) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Water Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 451 .)
114
Mr. Harris moved the adoption of Ordinance No. 36088.100302. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Cutler, Harris, Wyatt and Mayor Smith ........ 5.
NAYS:None ................................................................. ~.
(Council Members Bestpitch and Dowe were absent.)
Mr. Carder offered the following ordinance:
(#36089-100302) AN ORDINANCE declaring the existence of an emergency in
connection with obtaining certain design services, the lease and/or purchase of
equipment, and construction work for certain projects to try to obtain additional
sources of water to increase the City's water supply to help with the City's water
supply emergency that was declared on February 4, 2002, by Ordinance No. 35741-
020402; providing that due to the need to expedite such projects, the normal
procurement method of advertising, conducting competitive negotiations, and/or
competitive sealed bidding be dispensed with to the extent reasonably necessary;
authorizing the City Manager to take such further action and to execute such
documents as may be necessary to implement and administer such projects; and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 452.)
Mr. Carder moved the adoption of Ordinance No. 36089-100302. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Carder, Cutler, Harris, Wyatt and Mayor Smith ........ 5.
NAYS: None ........................................................................ 0.
(Council Members Bestpitch and Dowe were absent.)
115
At 6:15 p.m., the Mayor declared the meeting in recess to be reconvened on
Sunday, October 6, 2002, at which time the seven Members of Council will
participate in the 2002 Roanoke Valley Lea~lership Trip on October 6 - 8, 2002, in
Charleston, South Carolina, coordinated by the Coalition for Economic Development.
APPROVED ~~
Ralph K. Smith
City Clerk Mayor
116 -
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 15, 2002
2:00 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
October 15, 2002, at 2:00 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure,
Rule 1, Reqular Meetinas. Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., Linda F. Waytt and Mayor Ralph K. Smith ....... 6.
ABSENT: Vice-Mayor C. Nelson Harris ..................................................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer byThe Reverend Delmar L. Jackson, II,
Senior Pastor, Abundant Grace Assembly.
The Pledge of Allegiance to the Flag of the United States of American was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS-DRUGS/SUBSTANCE ABUSE-YOUTH: The Mayor presented
a proclamation declaring October 25 - November 3, 2002, as Red Ribbon Week.
PROCLAMATIONS - FIRE DEPARTMENT .EMERGENCY MEDICAL SERVICES:
The Mayor presented a proclamation declaring Sunday, October 27, 2002, as
"Change Your Clock, Change your Battery" Day.
117
CONSENTAGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
MINUTES: Minutes of the work session of City Council held on Monday,
July 29, 2002; and the regular meeting of City Council held on Tuesday, September 3,
2002, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Carder moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Cutler and
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith .............................................................................................. 6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
ACTS OF ACKNOWLEDGMENT-CITY COUNCIL: Acommunication from Mayor
Ralph K. Smith requesting a Closed Meeting to discuss the 2002 Citizen of the Year
Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended,
was before Council.
Mr. Carder moved that Council concur in the request of the Mayor to convene
in Closed Session. The motion was seconded by Mr. Cutler and adopted by the
following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt and
Mayor Smith .................................................................................................. 6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
118
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: A communication from James P. Armstrong tendering his
resignation as a member of the Roanoke Neighborhood Partnership Steering
Committee, effective October 18, 2002, was before Council.
Mr. Carder moved that the resignation be accepted andthatthe
communication be received and filed. The motion was seconded by Mr. Cutler and
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith ................................................................................ -6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER-
ARCHITECTURAL REVIEW BOARD-TRANSPORTATION SAFETY-PENSIONS:The
following reports of qualification were before Council:
Kyle G. Ray as a member of the Architectural Review
Board, for a term ending October 1, 2002.
Paul P. Anderson and Mark E. Feldmann as members of
the Roanoke Civic Center Commission, for terms ending
September 30, 2005.
E. W. Tibbs as a member of the City of Roanoke
Transportation Safety Commission, for a term ending
October 31, 2004; and
Efren T. Gonzalez as a member of the Board of Trustees,
City of Roanoke Pension Plan, for a term ending June 30,
2006.
Mr. Carder moved that the report of qualification be received and filed. The
motion was seconded by Mr. Cutler and adopted by the following vote:
119
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt and
Mayor Smith ....................................................................................... 6.
NAYS: None ....................................................................................... --0.
(Vice-Mayor Harris was absent.)
REGULAR AGENDA
PUBLIC HEARINGS:NONE.
PETITIONSANDCOMMUNICATIONS:NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:NONE.
ITEMS RECOMMENDED FOR ACTION:
FIRE DEPARTMENT-EMERGENCY MEDICAL SERVICES: The City Manager
submitted a communication advising that in order to be in compliance with the
Department of Health, Office of Emergency Medical Services, EMS Licensor
requirements, the City of Roanoke is required to have an Operational Medical
Director (OMD) appointed to provide medical oversight for provision of prehospital
care, which is a volunteer position, generally filled by a physician who is not a City
employee, and no fees are currently involved; and pursuant to the agreement, the
City will defend and indemnify the OMD when any judgment or settlement results
from actions which are done in good faith, done in a reasonable belief that such
actions are in the best interest of the City and are in furtherance of the official
policies and practices of the City, are within the scope of authority of the OMD, are
within the course of serving as the OMD, and are not willful, malicious or wanton.
The City Manager recommended that she be authorized to execute, on behalf
of the City of Roanoke, a contract approved as to form by the City Attorney with the
qualified candidate to fill the position of Operational Medical Director.
Mr. Carder offered the following resolution:
120
(#36090-101502) A RESOLUTION authorizing the execution of a contract for
an Operational Medical Director (OMD) for Fire-EMS to provide medical oversight for
the provision of prehospital care.
(For full text of Resolution, see Resolution Book No. 66, page 455.)
Mr. Carder moved the adoption of Resolution No. 36090-'101502. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith ........................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
HOUSlNGIAUTHORITY.PARKING FACILITIES: The City Manager submitted a
communication advising that on July '1, 2002, Council accepted a proposal of
Lancor Parking, L.L.C. to provide management and operation services for certain
City owned and/or controlled parking facilities, effective August 1, 2002, for
management and operation of the Church Avenue, Market Square, Tower,
Wiiliamson Road, Gainsboro and Century Station Parking Garages and the Salem
Avenue, Gainsboro, Williamson Road and Norfolk Avenue Surface Parking Lots;
although the Salem Avenue Surface Lot is one of the facilities included under the
management contract, the lot was not placed into operation due to construction of
the Linear Rail Walk; and construction of the Linear Rail Walk has progressed to the
point that the Salem Avenue Surface Lot can now be placed into operation.
It was further advised that in the downtown area, the Roanoke Redevelopment
and Housing Authority (RRHA) owns the Bullitt Avenue Surface Lot (sometimes
referred to as the "Park" Lot), located at the corner of Bullitt Avenue and Williamson
Road (Official Tax Nos. 4013321 and 40'13322) and the Church Avenue Surface Lot
(sometimes referred to as the "Nickel" Lot), located at the corner of Church Avenue
and Williamson Road (Official Tax No. 40114'13); both lots were purchased by the
RRHA in conjunction with the Downtown East Redevelopment Plan; and in order to
provide for consistent management and operation of the Bullitt Avenue and Church
Avenue Surface Parking Lots, with those parking facilities currently being managed
by Lancor Parking, L.L.C., and provide for uses of the lots to be consistent with the
Downtown East Redevelopment Plan, the RRHA has indicated its intent to allow the
121
City to provide for management and operation of the Bullitt Avenue and Church
Avenue Surface Parking Lots, which is proposed to be accomplished through an
amendment to the City's management and operation services contract with Lancor
Parking, L.L.C.
It was explained that Lancor Parking, L.L.C., has recommended and City staff
concurs, with establishment of parking fees to be charged for parking at the Salem
Avenue, Bullitt Avenue and Church Avenue Surface Parking Lots, as described in
an attachment to the communication; the City Manager, or her designee, should be
authorized to modify or waive parking fees for City sponsored events or other
special events, as deemed appropriate by the City Manager; any payments of
monthly parking fees received more than seven days after such fees are due, may
be assessed a $5.00 late fee in addition to the monthly rate charged; and in order to
provide for management and operation of the Bullitt Avenue and Church Avenue
Surface Parking Lots, the management and operation services contract dated July 1,
2002, between the City of Roanoke and Lancor Parking, L.L.C., should be amended
to provide for provision of management and operation services and to adjust the
management fees, as described in an attachment to the communication to be paid
to Lancor Parking, to compensate for additional services.
It was advised that funding is available in Account No. 007-540-8220-2050 to
compensate Lancor Parking for additional services; authorization is needed for the
City Manager to add or delete such parking facilities and adjust the management fee
with Lancor Parking as deemed appropriate and as provided by the contract,
provided the change to the management fee is not more than 25 per cent of the
original or amended contract amount; and City staff and Lancor Parking are
evaluating the overall parking fee structure for the entire City of Roanoke Parking
System which may result in additional changes to the manner in which fees are
determined.
The City Manager recommended that she be authorized to execute a Parking
Management Agreement between the City of Roanoke and the City of Roanoke
Redevelopment and Housing Authority, in a form approved by the City Attorney, and
to take such further actions and to execute such further documents as may be
necessary to implement and administer the Agreement; approve parking fees and
amend the Fee Compendium establishing the parking fees to be charged for the
Salem Avenue, Church Avenue and Bullitt Avenue Surface Parking Lots; authorize
the City Manager to modify or waive the parking fees and provide for a $5.00 late fee;
authorize the City Manager to enter into an amendment, in a form to be approved by
the City Attorney, to the contract between the City of Roanoke and Lancor Parking,
L.L.C., dated July 1, 2002, to provide management and operation services for the
122 -
Bullitt Avenue and Church Avenue Surface Parking Lots and to adjust the
management fee paid to Lancor Parking to compensate for additional services;
authorize the City Manager to add or delete from the contract with Lancor Parking,
such parking facilities and adjust the management fee as deemed appropriate by the
City Manager and as provided for in said contract, provided that the management fee
change is not more than 25 per cent of the original or amended contract amount, and
to take such further action and to execute such further documents, including
amendments, as may be necessary to administer such contract.
Mr. Carder offered the following resolution:
(#36091-101502) A RESOLUTION authorizing the execution of a Parking Lot
Management Agreement between the City of Roanoke and the City of Roanoke
Redevelopment and Housing Authority ( RRHA); and authorizing the City Manager
to take such further action and execute such further documents as may be
necessary to implement and administer such Agreement.
(For full text of Resolution, see Resolution Book No. 66, page 456.)
Mr. Carder moved the adoption of Resolution No. 36091-101502. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith ........................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
Mr. Carder offered the following resolution:
(#36092-101502) A RESOLUTION providing for the adoption of parking fees to
be charged at the Salem Avenue, Church Avenue and Bullitt Avenue Surface Parking
Lots; and directing amendment of the Fee Compendium.
(For full text of Resolution, see Resolution Book No. 66, page 457.)
Mr. Carder moved the adoption of Resolution No. 36092-101502. The motion
was seconded by Mr. Cutler and adopted by the following vote:
123
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith ..................................................................................... 6.
NAYS: None .................................................................................... :~---0.
(Vice-Mayor Harris was absent.)
Mr. Carder offered the following ordinance:
(#36093-10'1502) AN ORDINANCE authorizing an Amendment to the Contract
for Management and Operation Services between the City of Roanoke and Lancor
Parking, L. L. C., dated July 1,2002, regarding certain parking facilities; authorizing
the City Manager to make future adjustments to such contract; and dispensing with
the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 459.)
Mr. Carder moved the adoption of Ordinance No. 36093-101502. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
DONATIONS/CONTRIBUTIONS-NEIGHBORHOOD ORGANIZATIONS-HOUSING/
AUTHORITY-GRANTS: The City Manager submitted a communication advising that
each year, the City of Roanoke receives approximately $3.0 million in entitlement
grants from the U. S. Department of Housing and Urban Development (HUD) under
the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG)
and HOME Investment Partnerships (HOME) programs; at its meeting on
September 17, 2001, Council adopted the "Policy on HUD Funds," one provision of
which is the substantial targeting of said funds to create a visible and lasting impact;
the initial targeting activity under the policy was presented to Council in October,
2001, and is moving forward in the area bordered by Bullitt and Jamison Avenues
between 6th and 13th Streets; in April, 2002, the City Manager appointed the
Neighborhood Selection Task Force (NSTF) and charged the Task Force with
recommending those neighborhoods where the resources should next be targeted
during the coming years; and on September 19, 2002, Task Force recommendations
were submitted to the City Manager.
124 -
It was further advised that because of rules involved with Federal grants, the
areas eligible for consideration within neighborhoods are those in which most of the
families have Iow or moderate incomes, and a total of 26 such eligible areas were
considered; while originally asked to recommend five of the areas, the ratings of the
fourth, fifth and sixth areas were extremely close; therefore, the Task Force found
it appropriate to recommend six areas; and in making its recommendation, the Task
Force considered it to be important that the City have the discretion to modify the
order of neighborhood project implementation, based on the time needed to plan
and leverage financing, or other critical circumstances that affect the ability to
succeed in a given neighborhood.
The City Manager recommended that Council approve substantial targeting
of the City's HUD funds to one or more of the block groups within each of the
Gainsboro, Hurt Park, Washington Park, Loudon-Melrose, Old Southwest and
Gilmer/NNEO neighborhoods, and that the City have the discretion to implement the
neighborhood projects in an order that considers the time needed to plan and
leverage financing, or other critical circumstances that would affect the ability to
succeed in each neighborhood.
Mr. Cutler offered the following resolution:
(#36094-10'1502) A RESOLUTION concurring in the recommendation of the
Neighborhood Task Selectionx Task Force for the substantial targeting of the City's
funds from the U. S. Department of Housing and Urban Development ("HUD") under
the Community Development Block Grant, Emergency Shelter Grant and Home
Investment Partnerships program.
(For full text of Resolution, see Resolution Book No. 66, page 461 .)
Mr. Cutler moved the adoption of Resolution No. 36094-101502. The motion
was seconded by Mr. Dowe.
The City Manager advised that the Neighborhood Selection Task Force
devoted a significant amount of time and effort in regard to the criteria for selecting
future neighborhoods for concentrated Community Development Block Grant
funding similar to that which is currently being done in the southeast section
(Bullitt/Jamison) corridor of the City of Roanoke. She called upon Laura Benjamin,
Chair, Neighborhood Section Task Force, for presentation of the report of the Task
Force.
125
Ms. Benjamin introduced the following members of the Task Force who were
in attendance: Alvin Nash, Carl Cooper, The Reverend William Lee, Paula Prince,
Teresa Walker, Rolanda Johnson, V. Lee Wolfe and Karen Mason. (Other members
of the Task Force not in attendance are: John Baker, Ted Edlich, Robert Fetzer, Rick
Hendrick, James Lesniak, and Karen Michalski- Karney.)
Ms. Benjamin advised that meetings started in April 2002, the purpose of
which was to develop a process by which the City could select future
neighborhoods where Federal and City funds could be focused in order to maximize
revitalization efforts. She stated that the Task Force was specifically requested to
select the top six neighborhoods out of 26 that would be eligible for consideration,
pursuant to the following criteria: demographics, per cent below poverty, per cent
of home owners and racial balance, crime rate (the number of violent crimes,
property crimes), vacant structures ready for demolition, vacant structures ready for
rehabilitation, occupied structures that could be rehabilitated and the number of
available lots for new construction. She stated that the Task Force looked at existing
investments, such as an active neighborhood organization and neighborhood watch,
the existence of a neighborhood plan or master plan, the existence of a conservation
area, or rehabilitation district, and the presence of the Roanoke Redevelopment and
Housing Authority or some other CDC investment, market factors such as the
existence of publiclprivate investments, the existence of a City, State or national
district, the potential for a Hope VI grant in the neighborhood, proximity to
downtown, visability and marketability. She explained that after reviewing the
criteria, the top six specific eligible block groups to be selected for revitalization are
Gainsboro, Hurt Park, Washington Park, Loudon/Melrose, Old Southwest and Gilmer,
and the City will have the discretion to change the order of implementation based
on each neighborhood's level of readiness.
Ms. Wyatt advised that familiarity breeds understanding; therefore, she
suggested that community leaders/representatives be identified from each of the
above referenced block groups to act as observers of the Bullitt/Jamison project.
She stated that by observing the process as it unfolds, they will be in a better
position to understand procedures when revitalization efforts occur in their
respective neighborhoods.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that she is pleased to
know that Gainsboro is ranked number one for the next revitalization project. She
called attention to the Washington Park Improvements Committee which was
appointed by the City Manager, and inquired as to how Washington Park fits into the
neighborhood group. She also inquired as to the boundaries of Gainsboro.
126 -
Freed G. (Mike) Etienne, Housing Development Administrator, addressed the
boundaries of the Gainsboro area which include the block groups within the
neighborhood. He stated that block groups were reviewed that were eligible for
Community Development Block Grant funds; i.e.: 51 per cent of residents earning
less than 80 per cent of the median income. He explained that the boundaries of
Gainsboro are 5t' Street, part of downtown and Orange Avenue. In regard to
Washington Park, he advised that the eligible area within Washington Park was
reviewed and the Washington Park Improvements Council will be involved in the
process. He stated that the boundaries of Washington Park include 10t' Street,
Orange Avenue and the Interstate.
The City Manager clarified that the Washington Park Improvements
Committee, as referenced by Ms. Davis, is an ad hoc committee which was
appointed by the City Manager specifically for the purpose of looking at necessary
improvements to Booker T. Washington Park. She stated that in working with
neighborhood groups, the City would look more to the civic organizations that have
multiple interests and not to those groups with a limited interest.
Resolution No. 36094-101502 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt, and
Mayor Smith .......................................................................... -6.
NAYS: None ........................................................... -0.
(Vice-Mayor Harris was absent.)
COMMUNITY PLANNING-BLUE RIDGE COMMUNITY SERVICES-HOUSING/
AUTHORiTY-GRANTS: The City Manager submitted a communication advising that
since 1996, the Blue Ridge Housing Development (BRHDC) has successfully
conducted several housing programs for the City of Roanoke using Community
Development Block Grant (CDBG) and HOME Investment Partnerships Program
(HOME) funds; on May 13, 2002, Council authorized the BRHDC's 2002-2003 CDBG
and HOME activities and funding by Resolution No. 35848-051302, which also
approved submission of the City's 2002-2003 Consolidated Plan Annual Update to
the U. S. Department of Housing and Urban Development; Council accepted 2002-
2003 CDBG and HOME funds on June 17, 2002, by Ordinance No. 35914-061702,
Resolution No. 35915-061702, Ordinance No. 35912-061702, and Resolution No.
35913-061702, respectively, pending receipt of grant approvals from HUD; and grant
agreements with HUD have since been signed.
127
It was further advised that in order for the BRHDC to conduct the housing
activities approved in the Consolidated Plan, authorization by Council to execute
an agreement is needed; and a total of $648,432.00 is being provided to the BRHDC.
The City Manager recommended that she be authorized to execute the 2002-
2003 CDBG/HOME Agreement with the Blue Ridge Housing Development
Corporation, to be approved as to form by the City Attorney.
Mr. Carder offered the following resolution:
(#36095-101502) A RESOLUTION authorizing the appropriate City officials to
enter into an Agreement with the Blue Ridge Housing Development Corporation to
conduct housing activities using Community Development Block Grant and HOME
Investment Partnerships Program funds, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 66, page 462.)
Mr. Carder moved the adoption of Resolution No. 36096-101502. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith ............................................................................................. 6.
NAYS: None ......................................................................................... -0.
(Vice.Mayor Harris was absent.)
HOUSING/AUTHORITY-COMMUNITY PLANNING.GRANTS: The City Manager
submitted a communication advising that historically, the Roanoke Redevelopment
and Housing Authority (RRHA) has administered a variety of housing programs for
the City of Roanoke using Community Development Block Grant (CDBG) and HOME
Investment Partnerships Program (HOME) funds; on May 13, 2002, Council
authorized the RRHA's 2002-2003 CDBG and HOME activities and funding pursuant
to Resolution No. 35848-051302, which approved submission of the City's 2002-2003
Consolidated Plan Annual Update to the U. S. Department of Housing and Urban
Development (HUD); Council accepted the 2002-2003 CDBG and HOME funds on
June 17, 2002, pursuant to Ordinance No. 35914-061702, Resolution No. 35915-
061702, Ordinance No. 35912-061702 and Resolution No. 35913-061702, respectively,
pending receipt of grant approvals from HUD; and grant agreements with HUD have
since been signed.
128 -
It was further advised that in order for the RRHA to conduct the housing
activities approved in the Consolidated Plan, authorization by Council to execute
an agreement with the RRHA is needed; a total of $1,051,162.00 is being providod to
the Housing Authority, and the Agreement contains a mutual indemnification clause
in which both parties agree to indemnify the other for damages and expenses
incurred as a result of the other party's conduct; and the effect of the clause is that,
in certain circumstances, the City would be waiving its defense of sovereign
immunity.
The City Manager recommended that she be authorized to execute the 2002-
2003 CDBG/HOME Agreement with the Roanoke Redevelopment and Housing
Authority, to be approved as to form by the City Attorney.
Mr. Carder offered the following resolution:
(#36096-101502) A RESOLUTION authorizing the appropriate City officials to
enter into an Agreement with the Roanoke Redevelopment and Housing Authority
to conduct housing activities using Community Development Block Grant and Home
Investment Partnerships Program funds, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 66, page 463.)
Mr. Carder moved the adoption of Resolution No. 36096-101502. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith ....................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
SEWERS AND STORM DRAINS: The City Manager submitted a communication
advising that as part of the fulfillment for the City's Storm Water Quality
Improvement Program (SWQIP), the City of Roanoke, in cooperation with the Clean
Valley Council and the Virginia Department of Conservation and Recreation, will
initiate a storm drain inlet stenciling project; storm drain stenciling projects have
been implemented nationwide to help increase community awareness of storm
drain-related pollution, which increased awareness has been accepted by the U. S.
Environmental Protection Agency as an appropriate Best Management Practice
(BMP) to decrease the effects of non.point source pollutants to municipal separate
storm sewer systems (MS-4); and decreasing pollutant loads into the City's MS-4 is
the overall goal of the SWQIP.
129
It was further advised that schools and other community groups will stencil
the message, "Dump No Waste Drains to River" on drain inlets throughout the City
and other jurisdictions in the Roanoke Valley; the stenciled message will include a
graphic of the Roanoke log perch, an endangered species that lives in the Roanoke
River; storm drain stenciling is planned to begin on October 16, with citizen
involvement over the weekend of October 18, 19 and 20 to coincide with the 30th
anniversary of the Clean Water Act on October 18; the project will continue as the
City moves into the implementation phase of its Storm Water Quality Improvement
Program; authorization for the proposed marking of public rights-of-way is
requested since the markings will be done by citizens on City-owned property
throughout the City; and projected cost for the project is $4,000.00 for this fiscal
year, to cover development of custom stencils and effort coordination, and funding
is available in Account No. 008-530-9736, NPDES - Phase 2.
The City Manager recommended that she be authorized to allow community
groups, volunteers, and such other entities as the City Manager may deem
appropriate to undertake the storm drain stenciling project and to take such further
action as may be necessary to implement and administer the project.
Mr. Carder offered the following resolution:
(#36097-101502) A RESOLUTION authorizing the City Manager to allow
community groups, volunteers and other entities as the City Manager may deem
appropriate to undertake a storm drain stenciling project within the City's rights-of-
way and to take such further action as may be necessary to implement and
administer such project.
(For full text of Resolution, see Resolution Book No. 66, page 464.)
Mr. Carder moved the adoption of Resolution No. 36097-101502. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith .......................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
130
HEALTH DEPARTMENT-BUDGET-HUMAN DEVELOPMENT-YOUTH: The City
Manager submitted a communication advising that the City of Roanoke has been
selected as a grantee for the Federally-funded Program for Runaway and Homeless
Youth (RHY) under provisions of the Runaway and Homeless Youth Act, in the
amount of $126,675.00 annually; funds are to be used to cover salaries and fringe
benefits of one Youth Counselor III, one Youth Counselor II, one relief counselor and
related program activities in the Outreach Program; the required local match is
offered as in-kind services; the U. S. Department of Health and Human Services
awards grants for services in three-year cycles; and project period for the grant
begins September '1, 2002 and will end on September 1, 2005.
It was further advised that the focus of the program is to alleviate the
problems of runaway and homeless youth and their families, strengthen family
relationships and encourage stable living conditions; early intervention of Outreach
staff in a combination of shelter based and home based services offers runaway and
homeless youth and their families supportive services that will decrease the
incidence of repeat runaway episodes; and program services include: 24 hour intake
and referral access, temporary shelter, individual, group and family counseling,
community service linkages, aftercare services, case disposition and recreation
opportunities.
The City Manager recommended that Council adopt a measure accepting the
$126,675.00 in funding from the U. S. Department of Health and Human Services,
Grant No. 03CYO433/1, for Sanctuary's Runaway and Homeless Youth Outreach
program; authorize the City Manager to execute the required grant agreement and
any other forms required by the Department of Health and Human Services in order
to accept funds, such documents to be approved as to form by the City Attorney;
and appropriate $126,675.00 in Federal funds to revenue and expenditure accounts
in the Grant Fund to be established by the Director of Finance.
Mr. Dowe offered the following budget ordinance:
(#36098-101502) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 465.)
Mr. Dowe moved the adoption of Ordinance No. 36098-101502. The motion
was seconded by Mr. Carder and adopted by the following vote:
131
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith ...................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
Mr. Carder offered the following resolution:
(#36099-101502) A RESOLUTION authorizing the acceptance of a grant from
the United States Department of Health and Human Services to be used for salary
and fringe benefits of counselors and related activities in the Outreach Program; and
authorizing the execution of the necessary documents.
(For full text of Resolution, see Resolution Book No. 66, page 466.)
Mr. Carder moved the adoption of Resolution No. 36099-101502. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith ............................................................................................. -6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
SCHOOLS: The City Manager submitted a communication advising that the
Parks and Recreation Department opened its first fitness center, in partnership with
the Roanoke Public Schools, at Breckinridge Middle School in October 1997, which
was followed by fitness center openings at Woodrow Wilson Middle School in
November 1998, Addison Middle School in December 1999, and Jackson Middle
School in February 2001; the original Agreement for Breckinridge Middle School
expired on September 30, 2002; the Roanoke City Public Schools use the fitness
room and equipment for physical education classes and sports conditioning; and
the Parks and Recreation Department operates the facility as a fitness center, open
to the general public during non-school hours.
132
It was further advised that the current one year Agreement with the Roanoke
City School Board, with an option to renew for four additional one-year terms,
expired on September 30, 2002; and the Agreement was authorized by Council
pursuant to Ordinance No. 33609-100697; and following minor changes to the
agreement, it is requested that the Agreement be continued for up to an additional
five years, ending September 30, 2007.
The City Manager recommended that she be authorized to execute an
Agreement, in a form to be approved by the City Attorney, in order to continue
operation of the Breckinridge Fitness Center.
Mr. Carder offered the following resolution:
(#36100-101502) A RESOLUTION authorizing the City Manager to execute an
agreement between the Roanoke City School Board and the City of Roanoke,
allowing the City to operate a fitness center at the Breckinridge Middle School for
use by the general public, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 66, page 467.)
Mr. Carder moved the adoption of Resolution No. 36100-101502. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith .................................................................................... -6.
NAYS: None ........................................................................................ -0.
(Vice-Mayor Harris was absent.)
SIDEWALKS/CURB AND GUTTER-BUDGET: The City Manager submitted a
communication in connection with bids received by the City for sidewalk
maintenance, advising that S.R. Draper Paving Company submitted the Iow bid, in
the amount of $134,995.50, and has agreed to honor the bid through June 30, 2003;
award of the contract was postponed to allow Council to be briefed on the overall
curb, gutter and sidewalk program prior to proceeding with implementation; and
during the briefing, Council was advised that $800,000.00 ($200,000.00 annually)
would be set aside for the purpose of curb, gutter, and sidewalk replacement as
needed to meet current maintenance demands.
133
The City Manager recommended that Council accept the bid of S. R. Draper
Paving Company and authorize the City Manager to execute a contract in the amount
of $134,995.50, in a form to be approved by the City Attorney, for the time period
ending June 30, 2003; funding in the amount of $800,000.00 is available in Public
Improvement Bond Series 2002 (Account No. 008-530-9711-9195) to be appropriated
to an account to be established by the Director of Finance; and that all other bids
received by the City be rejected.
Mr. Carder offered the following budget ordinance:
(#36101-101502) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 468.)
Mr. Carder moved the adoption of Ordinance No. 36101-101502. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Vice.Mayor Harris was absent.)
Mr. Dowe offered the following ordinance:
(#36102-101502) AN ORDINANCE accepting the bid of S. R. Draper Paving
Company, for constructing various curbs, gutters, and sidewalks along City streets,
upon certain terms and conditions and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work; rejecting all
other bids made to the City for the work; and dispensing with the second reading by
title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 469.)
Mr. Dowe moved the adoption of Ordinance No. 36102-101502. The motion
was seconded by Mr. Carder and adopted by the following vote:
134
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith ........................................................................... -6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
CITY ATTORNEY:
CITY CODE-SPECIAL PERMITS-SOLICITATION: The City Attorney submitted
a written report advising that Article II, Solicitations for Charitable Purposes,
Chapter 28, Solicitations, Code of the City of Roanoke (1979), as amended, requires
all charitable organizations conducting charitable solicitations in the City of
Roanoke to obtain a permit from the City Manager; certain organizations are exempt
from obtaining a permit, including those which have registered with the
Commonwealth of Virginia, orwhich are a chapter, branch or affiliate included in the
consolidated report of an organization so registered; the City's regulations
pertaining to charitable solicitations have not been substantially updated since their
adoption; and the City does not charge for issuance of solicitation permits.
It was further advised that the Commonwealth of Virginia currently
comprehensively regulates charitable solicitations (§§ 57-48, et seq., Code of
Virginia); with certain exceptions, the State requires that all charitable organizations,
prior to soliciting contributions, file a registration statement with the Commissioner
of Agriculture and Consumer Services; the required statement contains detailed
information about the organization and its proposed fund-raising; the State charges
an annual registration fee, which varies with the size of the fund-raising effort; while
the State has comprehensively regulated charitable solicitations, it does permit
localities to adopt local ordinances not inconsistent with the State's regulations, to
require local licenses, and to impose a license fee up to ten dollars; however,
§57-63.D of the Code of Virginia provides that:
"No charitable organization shall be required to comply with the
provisions of local ordinances if such organization has registered with
the Commissioner or if such organization is a chapter, branch or
affiliate included in the consolidated report of an organization or
federated organization registered with the Commissioner, except that
such charitable organization shall not be exempted from that portion
of any local ordinance which requires such organization to register its
name, the name of its solicitors and the dates and times that they will
be soliciting in the locality."
135
It was explained that given the extent which the Commonwealth of Virginia
now regulates charitable solicitations, it does not seem to serve any useful purpose
for the City of Roanoke to have a separate ordinance on the subject, and to require
charitable organizations to complete a separate application for submittal to the City;
therefore, the City Attorney proposed that Article II, Solicitations for Charitable
Purposes, of Chapter 28, Solicitations, be repealed and replaced by a requirement
that those organizations which have registered with the Commonwealth of Virginia
register with the City of Roanoke its name, the names of its solicitors and the dates
and times of solicition in the City.
The City Attorney transmitted an ordinance which would accomplish the
above referenced proposal for consideration by Council.
Mr. Carder offered the following ordinance:
(#36103-101502) AN ORDINANCE repealing Article II, Solicitations for
Charitable Purposes, of Chapter 28, Solicitations, Code of the City of Roanoke
(1979), as amended, and amending Article I, In General by the addition of a new
§28-3, Reqistration of charitable solicitors; and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 470.)
Mr. Carder moved the adoption of Ordinance No. 36103-101502. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith ............................................................................................ 6.
NAYS: None .................................................................................... -0.
(Vice-Mayor Harris was absent.)
CITY PROPERTY-SPECIAL PERMITS: The City Attorney submitted a written
report advising that on July 1,2002, Council adopted Ordinance No. 35959-070192,
permitting owners of property located at 3745 Forest Road, S. W., to continue the
encroachment of a basketball goal into City right-of-way, and also designating a
portion of Forest Road as a play area, provided that such use is limited to daylight
hours and that a minimum of four temporary traffic cones be put in place delineating
the play area when in use; the ordinance requires the property owners to indemnify
and hold harmless the City of Roanoke, and to obtain liability insurance, with the
136 -
City as an additional insured; the property owners have advised that after several
weeks of effort, they are unable to have their homeowner's insurance company issue
the required insurance; the company is apparently not willing to take on the risk of
underwriting the insurance because it involves children playing in a street, even with
the safeguards required bythe City; and the City's Risk Manager has inquired about
having the coverage added to the City's insurance (it would have been paid for by
the owner), but was unsuccessful.
It was further stated that since the property owners are unable to obtain the
insurance required by the terms of Ordinance No. 35959-070102, the City's options
include revoking the encroachment permit, or deleting the insurance requirement
(in which event, the City would still be indemnified and held harmless by the
owners); the City's Risk Manager believes that with the restrictions on play set out
in the ordinance, deleting the insurance requirement would be acceptable from a
risk management perspective, since the risk would not be greater than block parties,
etc., which the City permits on City rights-of-waywithout requiring insurance, should
Council desire to delete the insurance requirement; and while the City has routinely
granted permits for encroachments onto City property for a variety of purposes and
insurance has been routinely posted, this is the only instance to the knowledge of
the City Attorneywhere, in addition to permitting an encroachment, a "play area" has
also been designated, therefore, the City has not been provided with insurance
previously for such use.
Mr. Dowe offered the following ordinance:
(#36104-10'1502) AN ORDINANCE granting a conditional permit to allow for the
encroachment of a basketball goal approximately three feet into the public
right-of-way in front of the property located at 3745 Forest Road, S. W., and bearing
Official Tax No. 1390514; designating a play area pursuant to the provisions of
§46.2-932.A, Code of Virginia (1950), as amended, upon certain terms and
conditions; repealing Ordinance No. 35959-070102; and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 472.)
Mr. Dowe moved the adoption of Ordinance No. 36104-101502. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith ...................................................................... -6.
NAYS: None ................................................................. -0.
(Vice-Mayor Harris was absent.)
137
REPORTS OF COMMITTEES:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council appropriate funds to the following school accounts, was
before the body.
$444,343.00 from the Capital Maintenance and Equipment Replacement
Fund. Monies will be used to fund instructional technology equipment,
the replacement of vehicles, facility improvements for handicap access,
and the Schools' share of construction costs for the new transportation
facility.
$40,230.00 for the Drug Free Schools program. Monies will provide for
one student assistance counselor at the secondary level to work with
substance abuse issues. This continuing program will be reimbursed
one hundred per cent by Federal funds.
$295,180.00 for theTechnology-Based Wellness program. Monies will
provide a comprehensive, technology-based wellness program in all
secondary grades to revitalize student interest in health and physical
education, develop knowledge and skills required for life-long wellness,
and improve student performance on national and state physical
education tests. This new program will be reimbursed one hundred per
cent by Federal funds.
A report of the Director of Finance recommending that Council concur in the
request, was also before the body.
Mr. Carder offered the following budget ordinance:
(#36105-101502) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 School and School Food Services Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 473.)
Mr. Carder moved the adoption of Ordinance No. 36105-101502. The motion
was seconded by Mr. Dowe and adopted by the following vote:
138 -
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith .................................................................................... -6.
NAYS: None ..................................................................................... 0.
(Vice-Mayor Harris was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION
RESOLUTIONS:
OF ORDINANCES AND
COMMITTEES-INDUSTRIES: Mr. Cutler offered the following resolution
reappointing Dennis R. Cronk as a Director of the Industrial Development Authority
for a term ending October 20, 2006:
(#36106-101502) A RESOLUTION reappointing a Director of the Industrial
Development Authority of the City of Roanoke, to fill a four year term on the Board
of Director.
(For full text Resolution, See Resolution Book No. 66, page 475.)
Mr. Cutler moved the adoption of Resolution No. 36106-101502. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith ............................................................................... -6.
NAYS:None ............................................................................ ~.
(Vice-Mayor Harris was absent.)
COMMITTEES-INDUSTRIES: Mr. Carder offered the following resolution
reappointing Stark H. Jones as a Director of the Industrial Development Authority for
a term ending October 20, 2006:
(#36107-101502) A RESOLUTION reappointing a Director of the Industrial
Development Authority of the City of Roanoke, to fill a four year term on the Board
of Directors.
(For full text of Resolution, see Resolution Book No. 66, page 476.)
139
Mr. Carder moved the adoption of Resolution No. 36107-101502. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith ............................................................................................. 6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
CITY COUNCIL: Council Members Bestpitch and Wyatt expressed
appreciation for the opportunity to participate in the Leadership Trip to Charleston,
South Carolina, which was held October 6 - 8, 2002.
Council Member Bestpitch advised that a city such as Roanoke can learn from
a city like Charleston the importance of preservation. However, he stated that the
City of Roanoke has much that is worthy of preservation, not only in terms of its built
environment, but the surrounding natural resources. He called attention to the
importance of the public realm in paying particular attention to those parts of the
community where people tend to congregate for business and social purposes and
the importance of quality- or doing things well; and the City's Comprehensive Plan
indicates that the City of Roanoke recognizes the importance of preservation, the
importance of the public realm and the importance of quality. He stated that the
question now is whether the City of Roanoke will continue to implement the
Comprehensive Plan in a manner that also recognizes the importance of those
areas, not just on paper, but in practice.
Council Member Wyatt advised that as she listened to speakers during the
conference in Charleston, especially in regard to education issues, she felt good
about her community, because Roanoke is already doing or surpassing certain other
localities in regard to various aspects of educating its children.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
140 -
HOUSING: Mr. Robert Gravely, 617 HanoverAvenue, N. W., spoke with regard
to affordable housing in the City of Roanoke; and the need for the kind of jobs that
will provide the means for Roanoke's citizens to become home owners. He referred
to housing in the 1100 block of Gilmer Avenue, N. W., which sells for $80,000.00,
while the average house in the neighborhood sells for $32,000.00; therefore, he
questioned why anyone who can afford to purchase an $80,000.00 house would
want to live in a neighborhood containing $32,000.00 homes.
CITY MANAGER COMMENTS:
CITY COUNCIL-COMMUNITY PLANNING: The City Manager commended the
Mayor and Members of Council for taking time out of their busy schedules to attend
the Leadership Trip to Charleston, South Carolina, on October 6-8, 2002. She
advised that the Council's Planning Retreat on Thursday, October 17, will provide
an opportunity for Council Members to discuss the City of Roanoke's
Comprehensive Plan in more detail.
ANIMALS/INSECTS: The City Manager referred to a report and
recommendations from the Wildlife Task Force, copy of which was previously
forwarded to the Members of Council. She advised that additional work is needed
before a staff recommendation is submitted to Council, and presented copy of a
communication which was forwarded to the Task Force requesting that it reconvene
and produce supporting statistics. She further advised that certain members of the
Task Force have resigned and requested that Council Members submit
recommendations for additional members by Friday, October 18, 2002.
ROANOKE CiViC CENTER-YOUTH: In conjunction with the celebration of
Halloween on October 31,2002, the City Manager advised that activities will be held
at the Roanoke Civic Center for children under 12 years of age.
At 3:15 p.m., the Mayor declared the meeting in recess for one closed session.
At 4:05 p.m., the meeting reconvened in the City Council Chamber, with Mayor
Smith presiding and all Members of the Council in attendance, with the exception of
Vice-Mayor Harris.
141
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Dowe
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt,
and Mayor Smith ........................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
At 4:08 p.m., the Mayor declared the Council meeting in recess until 5:00 p.m.,
in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke.
A joint meeting of City Council and the City of Roanoke Redevelopment and
Housing Authority was called to order at 5:00 p.m., on Tuesday, October 15, 2002,
in Room 159, Emergency Operations Center Conference Room, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Ralph K.
Smith presiding.
COUNCIL MEMBERS PRESENT: William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., Linda F. Wyatt, and Mayor Ralph K. Smith ...... 6.
ABSENT: Vice-Mayor C. Nelson Harris ..................................................... 1.
ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY COMMISSIONERS
PRESENT: Carolyn M. Bumbry, H. Victor Gilchrist, Joseph F. Lynn, Christie L.
Meredith and Chairman Ben J. Fink ................................................................... -4.
ABSENT: Commissioners James W. Burks, Jr., and Beverly T.
Fitzpatrick, Jr.- ................................................................................................. 2.
OTHERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City Clerk; John R.
Baker, Executive Director, Roanoke Redevelopment and Housing Authority; and Sue
Marie Worline, Secretary, Roanoke Redevelopment and Housing Authority Board of
Commissioners.
142 -
Following dinner, the business session convened at 5:25 p.m.
HOUSING/AUTHORITY: Chairman Fink called attention to significant changes
over the last several years in the way that the Roanoke Redevelopment and
Housing Authority transacts business in an effort to become more efficient and to
make programs more effective. He referred to efforts of the Housing Authority
regarding the Gainsboro Redevelopment Project, the South Jefferson Street (Bio-
Med) project, the Lincoln 2000 project, neighborhood development, and coordinating
a more effective case management system with other agencies and non-profit
organizations, which will allow the transfer of data between various agencies and
groups. He called attention to the receipt of local, state and national awards by the
Housing Authority, one of which was the National Association of Housing and
Redevelopment District for Outstanding Housing and Community Development
Programs, South Jefferson Redevelopment area (Riverside Centre).
PROJECT UPDATES:
South Jefferson Redevelopment Area (Riverside Centre)
Commissioner Christie Meredith advised that on March 19, 2001, City Council
and the Roanoke Redevelopment and Housing Authority approved the
Redevelopment Plan for the South Jefferson project which is over half way into a
three year implementation program. She stated that pursuant to the agreement,
within the first year, the Housing Authority was to acquire and clear the initial site
of approximately five acres of land; businesses in the area have been relocated and
of the 12 area businesses, all have remained in the City of Roanoke, with the
exception of two; and all properties that were to be acquired in the area designated
as A-I have been acquired, either on or ahead of schedule. She advised that five
voluntary remediation plan applications have been developed and accepted for the
program through the Department of Environmental Quality; initially, it was
anticipated that remediation costs would be in the range of $700,000.00, however,
it now appears that costs will be approximately $130,000.00. She stated that the
process has been streamlined which has created a smooth clean up of the area, and
called attention to restrictions on the provision of ground water focused on
residential development, placement of buildings, land shapes and contamination.
She advised that a development issues group, composed of representatives of
Carilion, Carilion Bio Med Rivers Edge Development Group, City of Roanoke and
Roanoke Redevelopment and Housing Authority representatives met with Hill Studio
and Hayes, Seay, Mattern and Mattern to prepare design scenes which will include
uniform design standards of the area that will resemble a campus setting.
143
The City Manager called attention to a recent meeting with a consultant
engaged by the Roanoke Redevelopment and Housing Authority to prepare a market
study of the entire area, and the consultant enforced the position that the Riverside
Centre is not and should not be seen as exclusively bio-medical in nature, the entire
technology arena should be targeted, and while the Bio-Med Centre itself will be a
drawing card and create a close relationship with the two universities, it is equally
important to look at service industries and technology in general. She advised that
the medical emphasis is important because the two anchors are hospitals.
There was discussion in regard to the road configuration in the area of the
Riverside Centre; whereupon, the City Manager referred to potential alternatives
because the original ramp configuration in the initial plans may be held up
indefinitely due to 1-73; the State has completed the necessary studies and
determined that eventual improvements to the Elm Avenue Interchange with 1.73 will
be insufficient to meet the needs that the Bio Med Center will generate; and the
City's Six Year Plan has been reduced to such an extent that it is questionable as to
when either of the alternatives could be funded. She advised that although the
Council's preference was the Franklin Road option, as opposed to coming through
the center of the site, a meeting was recently held with Virginia Department of
Transportation (VDOT) officials, and it was suggested that the City consider
reworking the Wonju Interchange as a possible solution, and it might also be
possible to incorporate an expansion of the ramp off of Wonju Street as a new
entrance to the hospital and to the Bio Med Centre. She stated that the option is
being explored, but the process is moving slowly because of the financial situation
and the lack of VDOT funding for highway projects.
Council Member Carder advised that if traffic is taken off of Elm Avenue and
routed to the entrance that is in close proximity to the Bio Tech Centre, it could kill
any potential along the Williamson Road corridor, because traffic will be basically
cut off. He referred to recent comments of Traffic Engineer lan Lockwood who
stated that with the greenway, Williamson Road could be used as an entranceway
and/or gateway. He cautioned against doing anything that would spurn development
along the Williamson Road corridor and provide a short cut for persons traveling
out of town.
Eiqht Jefferson Place (GOB South)
Commissioner Joseph Lynn advised that when undertaking the Eight
Jefferson Place project, the importance of maintaining the original integrity of the
building as much as possible, while converting the building into upscale downtown
housing, was emphasized. He stated that currently, the project is about 90 per cent
complete, leasing of apartments started in September, and 12 tenants currently
144 -
occupy the apartments. He advised that Eight Jefferson Place is a $10 million
project financed by the Federal government and represents a joint effort by
numerous organizations in the City of Roanoke, and the project should be completed
by the end of October, 2002.
In a discussion, it was pointed out that the success of Eight Jefferson Place
is important to the overall success of downtown Roanoke and there should be
improved access to downtown by reopening the tunnel/walkway over the railroad
tracks to provide for easier downtown access; and developers are waiting to see
what, happens with regard to Eight Jefferson Place as it relates to additional
rehabilitation and re-creation of downtown housing units, whether they be
constructing new buildings, rehabilitating existing buildings, or marketing the
concept of corporate apartments.
Lincoln 2000
Commissioner Carolyn Bumbry presented highlights of the Lincoln 2000
project. She advised that there were 262 moves, 106 original families chose to
remain in Lincoln Terrace, and 130 families chose to move to other public housing,
Section 8 housing, or relocated elsewhere in the City of Roanoke. She stated that
165 units were completed ahead of schedule, units are equipped with air
conditioning, large front porches, storage sheds at the rear of the units, backyards
are enclosed with fences for improved security, and reconfigured interior space.
She noted that 145 apartments were demolished and the land is ready for
construction of single family homes; two new homes were built outside of Lincoln
2000 which were constructed as a joint venture by the Roanoke Redevelopment and
Housing Authority and Blue Ridge Housing Development Corporation and are
currently occupied by residents of public housing; two new handicapped accessible
duplex buildings and four lease purchase town homes are 95 per cent complete,
and bids are due on six additional lease/purchase town houses.
Ms. Bumbry called attention to concerns expressed by a small number of
residents with regard to the need for screen doors on the front and back of Lincoln
2000 units, and advised that screen doors will be installed on the back doors as
requested by elderly residents. She called attention to the Even Start program,
sponsored by the Roanoke City Public Schools, which provides child care for
children age three and above to assist parents who are working on obtaining their
GED; the Headstart Program operated by Total Action Against Poverty is located in
the Lincoln 2000 complex; and there are plans for a business/opportunity center, a
branch of the WlC program, and office space for on site case management through
the Resident Council. She called attention to other programs offered by the Housing
Authority to provide educational opportunities for residents which will enable them
to move out of public housing.
145
There was discussion with regard to screen doors on Lincoln 2000 housing
units; whereupon, Mr. Baker clarified that screen doors could be installed on the
back doors as soon as possible, there is a limited amount of available funding, and
although it is not known as to how many screen doors could be installed in this
fiscal year, the number will more than likely meet the needs of those persons who
have expressed an interest to date.
There was discussion with regard to occupancy levels at other public housing
developments in the City of Roanoke; whereupon, Mr. Baker advised that
Lansdowne is experiencing substantial on site rehabilitation, therefore, a !arge
number of units are presently unoccupied; educational opportunities in public
housing which will assist residents to shift to home ownership or other rental units
in the community; the Housing Authority is sensitive to the fact that there are some
residents who will not be able to live independently, therefore, public housing will
be a necessity due to their age or other limitations; and efforts of the Housing
Authority through education, training, job skills etc., focus on youth so that they do
not become permanent residents of public housing.
There was further discussion in regard to whether plans are underway to
eliminate units covered by Section 8 Certificates; whereupon, Mr. Baker advised that
any plan is based on the reality of funds and there are insufficient funds outside of
the Lincoln 2000 program to make the transition to outside housing. He stated that
the availability of units by landlords who are willing to accept Section 8 Certificates
is limited, many communities are seriously under utilizing their Section 8 vouchers
because of the housing market, and landlords cannot be required to accept
Section 8 tenants.
It was noted that there appears to be a conflict between the City's
Comprehensive Plan and Lincoln 2000; whereupon, Mr. Baker advised that the
density in Lincoln Terrace was reduced, which had the affect of distributing units
across the community, and some residents chose not to return to Lincoln Terrace
and took advantage of Section 8 Certificates which enabled them to move out of
Lincoln Terrace.
The City Manager advised that the City of Roanoke, as the urban center of the
region, has a disproportionate burden relative to public housing and assisting the
disadvantaged, because there are no other public housing units in the region.
Likewise, she advised that the majority of Section 8 Certificates are unused within
the City of Roanoke and are not disbursed into the neighboring jurisdictions, and the
problem is compounded further the transportation issue. She stated that the City
needs to look at ways to cause disbursement, both within the Roanoke community
146 -
and into the broader Roanoke Valley region. She added that she has encouraged
the Housing Authority's Executive Director to talk with landlords in the neighboring
jurisdictions to determine their interest in accepting Section 8 Certificates, because
some persons are under the mistaken impression that if they accept a Section 8
Certificate from the Housing Authority, they are required to use the Certificate within
the limits of the City of Roanoke. She called attention to instances when she has
denied letters of support from the City of Roanoke when organizations propose to
construct additional Iow income housing in the same neighborhood, which does not
mean that she is against Iow income housing, but she is concerned about the
concentration of Iow income housing in one area of the City, as opposed to
throughout the City of Roanoke.
There was discussion with regard to the possibility of eliminating public
housing at some time in the future; whereupon, Mr. Baker spoke in support of using
the next HOPE VI Program to look at the issue of housing for families with Iow
income. He stated that it is not a good strategy to eliminate standard Iow income
housing when there is a large amount of substandard housing in the City of Roanoke
currently housing Iow income families; public housing is not a problem for housing
Iow income families, but a standard resource, and there is a need to look at why
families are living in substandard housing, the disbursal issue, locations, and
housing patterns for Iow income housing.
The City Manager advised that the matter should be discussed with
Congressman Goodlatte, and suggested that rather than rehabilitate apartment
units, such as is being done in Lansdowne, why not take a set of units and create
a type of alternate standard so that Iow income persons are not made to feel that the
only place they can find standard housing is in public housing.
It was noted that another group should be encouraged to step up to the
plate - realtors - by asking them to be good corporate citizens and accept Section 8
Certificates to help citizens move out of public housing projects.
Commissioner Meredith called attention to the Section 8 vouchers for home
ownership which will be implemented by the Housing Authority and will provide
home ownership for persons who otherwise could not afford to purchase a home;
however, there will continue to be families who need good quality, and safe public
housing, be they Section 8 rental vouchers or housing in complexes managed by the
Roanoke Redevelopment and Housing Authority.
147
Question was raised as to future redevelopment programs, or the next large
project to be undertaken by the Roanoke Redevelopment and Housing Authority;
whereupon, Mr. Baker advised that current efforts relate to tying in with the City's
strategy to focus Community Development Block Grant funds into the
neighborhoods, and in particular, leveraging funds within the neighborhoods to
make the most significant impact, allow the market rate to take over, and then move
on to another neighborhood. He called attention to activities in the Gainsboro area;
the cultural exchange; another developer has expressed an interest in the area;
plans of Total Action Against Property for a fund raising campaign to rehabilitate the
Dumas Hotel, which will require land acquisition from the Housing Authority; the
Roanoke Neighborhood Development Project is moving forward; and the Housing
Authority is working on specific projects with other entities. In summary, he
reiterated that the Housing Authority's main focus at this time is the City's strategy
in neighborhood revitalization.
Roanoke Redevelopment and Housinq Authority History, Vision and Goals
Chairman Fink advised that pursuant to Title 36, Code of Virginia, 1950, as
amended, the Housing Authority is charged with the responsibility of developing and
operating public housing developments and residential buildings; to serve as a
partner with the City of Roanoke; and to serve as the City's agent to implement the
City's vision, plans and priorities for redevelopment and revitalization programs;
therefore, the Housing Authority is looking to City Council for direction. He further
advised that the State Code provides the Housing Authority with specific
authorization to purchase property for private and public development in certain
areas, to make loans or grants for construction and rehabilitation of residential,
commercial or individual properties, to issue revenue bonds or funds to carry out
the Housing Authority's specific purpose and to form corporations, partnerships,
joint ventures, trusts or any other legally necessary entity. He stated that the
Housing Authority wishes to provide the type of leadership that will enable it to
become a model redevelopment and housing authority, and to be recognized
nationally as a trend setter. He advised that the mission of the Housing Authority is
to partner with community organizations, agencies and local governments, to
provide housing and home ownership opportunities for Iow and moderate income
persons, to take a leadership role in providing programs and resources for
residents that promote and encourage self-sufficiency, self-esteem and self-
determination and to maintain a leadership role in fostering economic development
and job opportunities; and staff of the City of Roanoke Redevelopment and Housing
Authority bring wide and varied expertise to the Roanoke area.
148 -
There being no further business, the Mayor declared the City Council meeting
in recess at 6:40 p.m., to be reconvened at 7:00 p.m., in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke.
At 7:00 p.m., on Tuesday October 15, 2002, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following
Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Linda F. Wyatt, and Mayor Ralph K. Smith ................................. 5.
ABSENT: Vice-Mayor C. Nelson Harris and Council Member Alfred T.
Dowe, Jr.- ........................................................................................... -2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, CityAttorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The reconvened meeting was opened with a prayer by Mayor Smith.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, the City Clerk and Secretary to the City
Planning Commission having advertised a joint public hearing for Tuesday,
October 15, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
an amendment to Sections 36.1-393, Standards for new construction, 36.1-403, Front
yard requirements for infill developments, and 36.1-428, General standards,
Chapter 36.1, Zoninq, Code of the City of Roanoke (1979), as amended, to provide
standards for a new dwelling, new accessory building, or an expansion of an
existing dwelling in the ND, Neighborhood Design District overlay, to establish the
depth of front yards, and to establish parking requirements in the ND District, the
matter was before the body.
149
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 27, 2002, and Friday, October 4, 2002, and in The
Roanoke Tribune on Thursday, October 3, 2002.
The Director of Planning and Code Enforcement advised that incompatible
infill housing in Roanoke's older neighborhoods has been a concern of residents for
many years; in 1994, the Neighborhood Design (ND) District was adopted by the
Council to encourage new buildings which are compatible with existing scale and
character of surrounding neighborhoods and to encourage protection of existing
neighborhoods from incompatible infill development. He stated that the ability to
undertake these regulations were limited to neighborhoods that had rehabilitation,
redevelopment or conservation district status, including Melrose/Rugby,
Loudon/Melrose, Harrison, Gilmer, Gainsboro, Hurt Park, Belmont, Fallon, Kenwood
and Morningside. He explained that at the time the ND District was established, it
did not include a set of comprehensive design standards which are currently under
consideration by Council and the City Planning Commission; and development of
proposed design standards will provide a more definitive direction regarding
specific design elements that should be included in any development of infill
housing in the above referenced neighborhoods. He stated that meetings were
conducted in August 2002 to review the proposed design standards with the
Roanoke Regional Homebuilders Association, Roanoke Regional Housing Network,
Roanoke Redevelopment and Housing Authority, and Presidents of the Roanoke
Neighborhood Partnership and neighborhood organizations, a general public
workshop was held on August 29 at Lucy Addison Middle School and a follow up
meeting was held with the Melrose/Rugby neighborhood on October 3. He advised
that design standards for the Neighborhood Design District are based on
architectural elements common to older neighborhoods and design standards
regulate building, location and mass, roofs, entrances, windows, porches, siding,
trim and additions to any accessory structure as applied to residential construction,
and specifically for new dwellings, additions to existing dwellings and construction
of accessory buildings (garages, sheds, etc.) He stated that the application, review
and approval process for Neighborhood Design District standards would be handled
administratively by the Zoning Administrator; administrative review for new housing
in the ND District must be completed within 15 working days and even though the
City Code provides for administrative fees to be associated with review, staff
recommends that no additional fee be applied, other than those fees associated with
building permits. He noted that this is the first opportunity for the City Council and
the City Planning Commission to apply an implementation activity that was called
for in the Comprehensive Plan, and referred to three specific policies or actions that
were identified in the vision document related to the topic: (1) revise zoning
ordinances to encourage quality infill development that reflect the character of the
150
neighborhoods, including inflll development standards, (2) develop criteria for
evaluating new residential proposals to ensure compatibility with surrounding
neighborhoods and support of the City's goals of a balanced and sustainable
housing supply, and (3) consider ND Districts overlay zoning for qualifying centers
and Rehabilitation and Conservation Areas to encourage compatible design or
development in village centers.
Christopher Chittum, Senior Planner, presented an overview of the
Neighborhood Design District standards.
The Mayor advised that numerous persons had signed up to speak on the
issue and each speaker would be allotted three minutes.
Mr. Matt Prescott, 2501 Wycliffe Avenue, S. W., a builder in the City of
Roanoke, and a member of the Architectural Review Board, advised that
Neighborhood Design guidelines are narrowly defined and are being promoted to
remedy badly designed infill developments that have been constructed in the City's
neighborhoods in past years. He stated that the guidelines are desirable to
ameliorate those problems, but they represent a quick fix in the long run, and if the
City of Roanoke is desirous of long term, sustainable growth, the proposed
guidelines will place the City in a defined box that will hurt future development. He
added that the proposed standards are unrealistic and builders cannot construct the
type of house that the guidelines would impose and still make a profit. He explained
that no builder will go into these neighborhoods and take the risk of constructing a
house on these lots because conforming to the proposed guidelines is undoable.
As a builder, a resident of the City of Roanoke and someone who cares about the
long term vitality of the City, he requested that the proposal be denied and that City
Planners be instructed to present ideas that will help Roanoke to build
neighborhoods that will be vital and growing over the long term.
Mr. Joseph Keaton, 1544 Deborah Lane, concurred in the remarks of the
previous speaker in regard to the affordability of building in the neighborhoods
governed by ND District guidelines. He stated that the regulations say nothing about
the doability or durability of a house, or safety aspects and life of the building, and
if changes are to be made, standards should address these areas so that it will be
economically wise for builders to make this kind of an investment. He added that
it appears that only "cosmetic" issues have been addressed and to enforce these
restrictions on a neighborhood and to take away the individuality of the
neighborhood is out of place. He noted that northwest Roanoke is filled with houses
of a!l shapes, roof sizes, and slopes, etc., to place these regulations on the
community would have damaging results, and asked that the proposed regulations
be denied by Council.
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Mr. Joe Miller, 2812 Longview Avenue, S. W., a third generation home builder
in the Roanoke Valley, advised that he is against the adoption of Neighborhood
Design standards. He stated that the City of Roanoke adopted its latest
Comprehensive Plan, Vision 2020, in August 2001 and he was an active participant
in the process which calls for affordable housing to be available in all parts of the
City, the proposed standards will make it impossible to construct affordable housing
in the designated neighborhoods, and, in addition, the market will not bear the cost
of a new home built to these standards. He explained that the Vision 2020 document
provides that the City will recommend ways to overcome impediments to fair
housing by identifying barriers to housing choice, and the proposed ND standards
represent an impediment to housing choice. He stated that the proposed standards
are written to forever link these neighborhoods in one architectural style which is
evident in the neighborhoods, with no allowance for other architectural styles that
are also apparent in the neighborhoods, or for the individual choices of home
owners; therefore, the proposed standards are contrary to housing choice. He
urged that the proposed regulations be denied and that Council direct the City
Planning Commission to recommend regulations that will encourage new
development in the City of Roanoke and not create additional barriers.
Mr. Robert Gravely, 617 Hanover Avenue, N. W., advised that the proposed ND
regulations could lead to the construction of housing that the average citizen in the
affected areas cannot afford to purchase, and uniform standards should be
established for all areas of the City. He referred to houses in the Gilmer Avenue area
that sell for $80,000.00, when the average price of a house in the area is $30,000.00;
therefore, a person who can afford an $80,000.00 home will not purchase a home in
a $30,000.00 neighborhood.
Mr. Martin Pruitt, 1851 Blenheim Road, S. W., a builder and President of the
Roanoke Regional Homebuilders Association, advised that the Homebuilders
Association strives to create an environment of free enterprise where regulations
can be kept to a minimum and products and services can be produced at optimum
value to the home buyer. He stated that the Homebuilders Association has reviewed
the proposed ND standards and collectively believe that the proposed regulations
will negatively impact revitalization of the City's neighborhoods, which position was
previously presented to City Planning staff. He added that implementation of the
standards will take vacant infill lots off the market because it is not economically
feasible for the private sector to build a home in accordance with the proposed
standards. He explained that homes in the 11 neighborhoods that would be affected
by the proposed standards were constructed in the 1920's, 1930's and 1940's and
many homes are now in need of repair. He stated that the risk of not being able to
sell infill housing, which would be costly to build in accordance with the proposed
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standards, is a risk that most builders and developers cannot afford to take. He
added that the Homebuilders Association does not believe that the City should
dictate the style of housing that is to be available for its citizens; and inasmuch as
the Homebuilders Association acknowledges those concerns expressed by some
neighborhoods and current residents regarding the negative impact of building a
one story plain box style house within the neighborhoods, the Homebuilders
Association believes that to effectively increase new housing stock within the City's
limits, tracts of land must be made available, and in order for the City to create a
demand for people to live in its neighborhoods, there must be diversity in housing,
both in style and in price. He added that implementation of the proposed standards
is an example of the City's contradiction regarding housing - the desire has been
stated to increase housing opportunities, but the tendency of the proposed
standards restrict housing development. He requested that Council instructthe City
Planning staff to go back to the drawing table and approach the City's housing
challenge as a way to plan for the future - rather than to create obstacles. He
offered the expertise of the Roanoke Regional Homebuilders Association to help the
City to resolve its housing challenges, and asked that Council vote no on the
proposed ND regulations.
Mr. Kit Hale, 2222 Blenheim Road, S. W., encouraged Council to be mindful of
the issue of affordability of housing when enacting the proposed Neighborhood
Design standards. He stated that the City's Comprehensive Plan addresses housing
affordability and expressed concern that the proposed standards would overly
burden affordability of housing in the affected neighborhoods.
Ms. Estelle H. McCadden, 2128 Mercer Avenue, N. W., President,
Melrose/Rugby Neighborhood Forum, spoke in support of the proposed
Neighborhood Design standards. She advised that most of the persons who have
spoken against the guidelines do not live in the affected neighborhoods. She stated
that developers have constructed incompatible infill housing between other housing
or changed the design of housing in the affected neighborhoods; therefore,
residents are opposed to the construction of additional inflll housing that will
change the character of their neighborhoods and cause property values to decrease.
Mr. Steve Strauss, 3600 block of Peakwood Drive, S. W., advised that he has
been a builder in the Roanoke Valley for the past 27 years. He stated that the City
Planning Commission and City Council are attempting to control architectural
standards for the betterment of the neighborhoods which is admirable, but an
extremely difficult issue to address. He noted that the proposed regulations will
ensure construction of no additional infill housing in the affected areas because the
regulations will negatively impact the cost of housing; and proposed regulations will
153
drive individual builders away, as well as individual homeowners who wish to
remodel or construct a house next to their current home. He called attention to
insufficient lot width in the neighborhoods under discussion in order to construct
an addition to the side of the dwelling, therefore, the most logical place to construct
an addition to a home is at the rear, which is not permitted under proposed
regulations. He called further attention to $200,000.00 - $400,000.00 homes that are
constructed in today's market where garage doors are permitted at the front of the
structure. He requested that Council and the City Planning Commission refer the
matter back to City Planning staff for further review and to recommend regulations
that are workable within the community.
Mr. Charles Coulter, 3750 Peakwood Drive, S. W., a local builder, advised that
the recommendation of City Planning staff will be counter productive; and the goal
of design standards should be to promote new residential growth in the selected
areas. He stated that Council should first consider the source of new construction,
which is speculative construction by private sector builders - builders who must
evaluate the risk versus the profit potential in areas governed by the proposed
restrictions. He explained that the proposed standards will increase the cost of
construction, thereby reducing the full potential for consumers, increasing the
builders ranking factor, and will ultimately serve as a negative impact on many or all
builders to speculate in the market. He stated that the proposed regulations would
increase the cost of constructing homes in specific areas; the ND standards could
be the undoing of the very neighborhoods that they are proposed to protect, and
individual property rights of home owners should be considered. He advised that
builders would like to assist the City in developing standards that would less
negatively impact the goals of the Neighborhood Design district.
Ms. Gale Martin, 1436 Syracuse Avenue, N. W., spoke in support of the ND
District standards. She advised that her neighborhood is an old and established
community where people enjoy the lay out of their homes; and the construction of
infill housing, which is not compatible with the neighborhood, is discouraging. She
requested that Council consider the needs of the community and enact the
proposed ND standards.
Mr. Brian Maslyk, Residential Architect, Balzer & Associates, encouraged that
Council not be fooled into thinking that the proposed ND regulations are traditional
neighborhood development. He explained that traditional neighborhood
development begins with infrastructure, site lighting, street widths, sidewalks, alley
ways and many other amenities besides the proposed guidelines.
154 -
Mr. Adam Cohen, 6036 Chagall Drive, S. W., a builder in the Roanoke V~lley,
advised that he recently constructed an infill house in South Roanoke and according
to the proposed ND standards, he violated nine regulations when constructing the
house; however, that same house was recognized in national design competition as
being an exceptional design in architecture. He stated that the proposed design
standards will kill creativity in the City of Roanoke; and the City's attempts to help
communities grow is admirable, but the City is not taking a wholistic approach by
looking at the entire package, such as available grants through the Federal
government, and the work of organizations such as the Northwest Neighborhood
Environmental Organization and Habitat for Humanity. He stated that the proposed
regulations will fail, the Neighborhood Design standards need further study, and
suggested that the matter be referred back to the City Planning Commission to arrive
at a more wholistic approach.
There being no further speakers, the Mayor declared the public hearing
closed.
Richard Rife, Vice-Chair, City Planning Commission, called for comments by
City Planning Commission members.
Commissioner Hill advised that affordable housing does not mean bad
housing; and problems in the affected communities do not evolve solely around
housing, but include social problems, economic problems, etc., that cannot be
addressed through the ND standards. He stated that housing is only one aspect and
should not be voted against simply because it is not a part of the larger scheme, and
he failed to understand how improved housing through the ND overlay is not in the
best interest of the affected neighborhoods. He advised that even though the
neighborhood cannot be completely improved through this process, it is a good step
in the right direction, and he intended to support the ND District.
Commissioner Williams advised that at some point in time it may be necessary
to refine the regulations, or make substantial changes, but the proposed regulations
provide a good first step in trying to correct some of the serious and existing
problems in the neighborhoods. He explained that the proposed ND standards are
not any more restrictive than the standards in the H-2 District in Old Southwest. He
stated that it is true that the proposed standards are not traditional neighborhood
development, and agreed with a previous speaker that true traditional neighborhood
development starts with infrastructure.
Vice-Chair Rife advised that the argument of the Roanoke Valley Homebuilders
Association that the ND guidelines will limit development of infill housing is
"hollow". He stated that the proposed ND regulations represent a step forward, and
he intends to support the proposed standards.
155
Upon a roll call vote of the City Planning Commission, the proposed
Neighborhood Design standards were recommended to Council for approval.
Inasmuch as two Members of Council were absent, Council has received input
from citizens, and a recommendation from the City Planning Commission, Mr.
Bestpitch moved that action on the ordinance be tabled until the next regular
meeting of Council on Monday, November 4, 2002, at 2:00 p.m. The motion was
seconded by Carder and adopted.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk and the Secretary to the City Planning
Commission having advertised a joint public hearing for Tuesday, October 15, 2002,
at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the
City Planning Commission that properties within the Melrose-Rugby neighborhood
generally bounded by Interstate 581, Lick Run and Andrews Road on the north,
Melrose and Orange Avenues on the south, Tenth Street on the east, and Lafayette
Boulevard on the west, be zoned ND, Neighborhood Design District overlay, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 27, 2002, and Friday, October 4, 2002, and in The
Roanoke Tribune on Thursday, October 3, 2002.
Christopher Chittum, Senior Planner, advised that the public hearing pertains
to the actual zoning of the Neighborhood Design District overlay in the
Melrose/Rugby neighborhood. He explained that the neighborhood is slated for this
proposed rezoning for a number of reasons; i.e.: it has been plagued by
considerable incompatible infill housing and meets the three criteria set forth in the
City Code for establishment of the ND district, it is located within an area that is
designated on an adopted plan for conservation, rehabilitation and redevelopment,
and it is identified in the City's Comprehensive Plan as having historic or unique
architectural value and contains at least two contiguous acres. He advised that
Melrose/Rugby will be the first neighborhood approved for the ND designation, if
approved by Council and the City Planning Commission. He noted that Vision 2001-
2020 supports implementation of the ND District through a number of policies; i.e.:
revising the zoning ordinance to encourage quality infill development that reflects
the character of the neighborhood, including infill development standards; and
developing criteria for evaluating new residential proposals to ensure compatibility
with surrounding neighborhoods and support of the City's goals of a balanced and
sustainable housing supply. He stated that the Melrose/Rugby Neighborhood Plan
adopted by Council in June 2001 recommends that the City create an ND District
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overlay zoning throughout the neighborhood; and design of infill housing is
identified in the Plan and was the top concern of residents of the area as expressed
during neighborhood workshops which led to development of the Neighborhood
Plan. He added that Melrose/Rugby residents believe that ensuring compatible inflll
design is essential to maintaining their property values, attracting new residents,
and encouraging long term neighborhood revitalization. He stated that City Planning
staff recommends approval of the ND District overlay in the Melrose/Rugby
neighborhood, application of the ND District and implementation of
recommendations of Vision 2001-2020, and the Melrose Neighborhood Plan will
protect the neighborhood from incompatible construction, maintain property values,
and encourage neighborhood revitalization.
The Mayor advised that numerous persons had signed up to speak on the
issue and advised that each speaker would be allotted three minutes.
Mr. A. L. Holland, 3425 Kershaw Road, N. W., representing High Street Baptist
Church, located at the corner of Florida Avenue and Lafayette Boulevard, N. W.,
expressed concern with regard to brick structures that have existed in the
neighborhood for many years, and if other types of homes are constructed, property
values of existing homes will be affected and/or decreased.
Mr. Joseph Lynn, 1831 Syracuse Avenue N. W., Chairman, Andrews Road Civic
League, expressed confusion with regard to the area to be included in the ND
District overlay. He stated that his neighborhood contains RS-I, RS-2, RS-3,
and C-2 zoning and inquired as to how the ND District will affect his neighborhood.
He explained that the areas that are currently zoned RS-3 are primarily of brick
construction and include new homes which do not need rehabilitation; therefore, the
Andrews Road Civic League would like to retain its current zoning. He stated that
the City or Roanoke should enact more stringent application of current regulations
which would eliminate the need for Neighborhood Design District overlay provisions.
Mr. Robert Gravely, 617 Hanover Avenue, N. W., advised that in order for the
proposed ND regulations to be successful, the area needs to be crime free and
businesses need to flourish.
Ms. Gale Martin, 1436 Syracuse Avenue, N. W., advised that property values
in the neighborhood have decreased because of incompatible infill structures that
have previously been constructed. She stated that a clear definition and
understanding of what is to be allowed in the Melrose/Rugby neighborhood is in
order.
157
Ms. Estelle H. McCadden, 2128 McDowell Avenue, N. W., President,
Melrose/Rugby Neighborhood Forum, expressed concern with regard to delaying the
vote on the ordinance before Council until Monday, November 4, which will allow
more time for permits to be issued to developers to construct inflll housing. She
stated that she would encourage property owners in the Melrose/Rugby
neighborhood to refrain from selling lots until the ND District ordinance is approved
by Council, thus eliminating the threat of additional infill housing.
Mr. Demetrius Phelps, 2102 Mercer Avenue, N. W., advised that he would like
to construct an addition to his residence, but under the proposed ND guidelines, it
will be difficult to do so. He stated that there should be more planning by the City
before Council enacts the proposed ND overlay regulations.
The Director of Planning and Code Enforcement responded to Mr. Lynn's
question with regard to the impact on current zoning in his neighborhood, and
advised that application of the ND overlay in no way affects underlying zoning
districts already in place. He explained that the overlay provides more design teeth
in the set of regulations for the Melrose/Rugby neighborhood, but would not change
existing underlying zoning in RS-l, RS-2 or RS-3 areas, nor would it allow existing
residential zoning to be converted to commercial.
There being no further speakers, the Mayor declared the public hearing
closed.
Upon a roll call vote, the City Planning Commission recommended that
Council approve the Neighborhood Design District zoning overlay in the
Melrose/Rugby neighborhood.
Question was raised by a Member of Council that in previous public hearings,
citizens in favor of and those against a specific item were invited to stand; however,
the Mayor had not followed that procedure with regard to the present and previous
public hearings; whereupon, the City Attorney advised that the court prefers to look
at the record of the evidence and comments that are contained in the records of a
governing body. He explained that one court frowned upon the counting of heads
of persons at a public hearing and stated that it is not a matter of how many people
attend a public hearing, but the merits of the debate. Therefore, the City Attorney
advised that the counting of heads is discouraged, and free and open discourse on
the merits of the matters before the Council is in order.
158 -
Ms. Wyatt advised that standards are needed for the Melrose/Rugby
neighborhood because all citizens are desirous of preserving the character of their
neighborhood, regardless of where they live. She expressed concern that the
proposed ND guidelines could create problems for those persons who want to
increase the value of their homes. She called attention to persons who have a long
term investment in their neighborhoods, who do not want infill housing, but neither
do they want empty lots and guidelines that are so rigid and structured that they
prohibit homeowners from making additions to their homes. She spoke in support
of enacting regulations that are geared more toward preserving the character of the
neighborhoods.
For the above stated reasons, Ms. Wyatt moved that the matter be referred
back to the City Planning Commission for further study.
The motion failed for lack of a second.
Ms. Wyatt withdrew the motion.
Inasmuch as two Members of Council were absent, Council has received input
from citizens, and a recommendation by the City Planning Commission,
Mr. Bestpitch moved that the ordinance be tabled until the next regular meeting of
Council on Monday, November 4, 2002, at 2:00 p.m. The motion was seconded by
Mr. Carder and adopted.
The Mayor declared the City Council meeting in recess to be reconvened in
five minutes.
The Vice-Chair declared the City Planning Commission meeting adjourned.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
October 15, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
the request of Larry J. Conner, that property located at 547 Campbell Avenue, S. W.,
designated as Official Tax No. 1112510, be rezoned from LM, Light Manufacturing
District, to C-1, Office District, subject to certain conditions proffered by the
petitioners, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 27, 2002, and Friday, October 4, 2002.
159
A report of the City Planning Commission advising that use of the property will
be limited to general and professional offices, home occupation uses, non-profit
counseling and services, excluding drug rehabilitation and/or substance abuse
programs, and multifamily residential (so long as said multifamily use is approved
by the Board of Zoning Appeals), was before Council.
The City Planning Commission recommended that Council approve the
request for rezoning, which is consistent with Vision 2001-2020; and the rezoning
would allow a mixture of office and residential uses on the property and is
consistent with desired development patterns in downtown.
Mr. Carder offered the following ordinance:
(#36108-101502) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 111, Sectional 1976 Zone map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this ordinance
by title.
(For full text of Ordinance, see Ordinance Book No. 66, page 477.)
Mr. Carder moved the adoption of Ordinance No. 36108-101502. The motion
was seconded by Mr. Cutler.
The Mayor inquired if there were persons present who would like to be heard
in connection with the public hearing. There being none, he declared the public
hearing closed.
Ordinance No. 36108-101502 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Wyatt, and Mayor
Smith ............................................................................................................ 5.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris and Council Member Dowe were absent.)
BONDS/BOND ISSUES-SCHOOLS-EQUIPMENT: Pursuant to action taken by
the Council, the City Clerk having advertised a public hearing for Monday,
October 15, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
a request of the Roanoke City School Board for passage of a resolution, or
160 -
resolutions, approving issuance by the City of Roanoke of its general obligation
bonds, in an amount estimated not to exceed $800,000.00, for the purpose of
financing certain rehabilitations, repairs and/or equipment in connection~with
Lincoln Terrace Elementary School, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Tuesday, September 17, 2002, and Tuesday, September 24, 2002.
A communication from George J. A. Clemo, Attorney, advising that in October,
2001, at the request of the Roanoke City School Board, Council adopted Resolution
No. 35606-101801, authorizing the School Board to rehabilitate the present school
building at Lincoln Terrace Elementary School, authorizing an application to be filed
with the Virginia Department of Education seeking an allocation of authority to issue
qualified zone academy bonds to finance a portion of the rehabilitation, and
authorizing publication of a notice of public hearing to be held in connection with
the proposed bond issuance; however, after extensive inquiry, the School system
was unable to find a buyer for the bond; and consequently, the public hearing, which
was scheduled for November 5, 2001, was withdrawn from the Council's docket; was
before the body.
It was explained that under applicable rules, preliminary allocation by the
Virginia Department of Education of $800,000.00 in qualified zone academy bond
issuance authority to the project was carried over to 2002; additionally, upon further
inquiry, it appears that the Bank of America is prepared to purchase the proposed
qualified zone academy bond; and accordingly, Roanoke City Schools have
requested that Council again authorize a public hearing on the proposed bond
issuance, which is required pursuant to the Public Finance Act before the bond can
be issued; and following the public hearing, approval by Council of a resolution
approving the details of the bond and its issuance is requested.
Mr. Carder offered the following resolution:
(#36109-101502) A RESOLUTION authorizing the issuance of an $800,000.00
General Obligation Qualified Zone Academy Bond (Lincoln Terrace Elementary
School), Series 2002, of the City of Roanoke, Virginia, to be sold to Bank of America,
N. A. and providing for the form and details thereof.
Mr. Carder moved the adoption of Resolution No. 36109-101502. The motion
was seconded by Mr. Cutler.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter. There being none, he declared the public hearing
closed.
161
Resolution No. 36109-101502 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Wyatt,
and Mayor Smith ..................................................................................... 5.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris and Council Member Dowe were absent.)
NEIGHBORHOOD ORGANIZATIONS: Pursuant to Resolution No. 25523
adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Tuesday, October 15, 2002, at 7:00 p.m., or as soon thereafter
as the matter may be heard, on the request of the City of Roanoke that Vision 2001-
2020, the City's Comprehensive Plan, be amended to include the Southern Hills
Neighborhood Plan as an element of said Plan, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 27, 2002, and Friday, October 4, 2002.
A report of the City Planning Commission advising that the Southern Hills
Neighborhood Plan was developed over a series of four community workshops
sponsored by the City's Planning Building and Development Department; and the
plan was developed based on an evaluation of existing neighborhood conditions and
concerns identified by community residents.
It was noted that Vision 2001-2020 recommends that detailed neighborhood
plans be developed and adopted for each of Roanoke's neighborhoods; the plan for
Southern Hills has been reviewed by the neighborhood, by City staff and by the Long
Range Planning Committee of the Planning Commission; and the plan identifies five
high priority initiatives:
Install lines to provide public sewer to the entire neighborhood
Replace inadequate water lines and install fire hydrants
Improve the drainage system
Realign and improve Southern Hills Drive
Improve the streetscape of U. S. Route 220
It was further noted that the plan also includes a future land use map to guide
development and zoning patterns in the neighborhood.
The City Planning Commission recommended that Council adopt the Southern
Hills Neighborhood Plan as a component of the City's Comprehensive Plan.
162 -
Mr. Carder offered the following resolution:
(#36110-101502) A RESOLUTION approving the Southern Hills Neighborhood
Plan, and amending Vision 2001-2020, the City's Comprehensive Plan, to include the
Southern Hills Neighborhood Plan.
(For full text of Ordinance, see Ordinance Book No. 66, page 483.)
Mr. Carder moved the adoption of Resolution No. 36110-101502. The motion
was seconded by Mr. Bestpitch.
The Mayor inquired if there were persons present who would like to be heard
in connection with the public hearing. There being none, he declared the Public
hearing closed.
Council Member Bestpitch called attention to five high priority initiatives
identified in the neighborhood plan; i.e.: install lines to provide public sewer to the
entire neighborhood, replace inadequate water lines and install fire hydrants,
improve the drainage system, realign and improve Southern Hills Drive, and improve
the streetscape of U. S. Route 220. He expressed concern, when taking into
consideration how long ago the area was annexed to the City of Roanoke, that little
has been done over the years to provide basic levels of infrastructure for those
citizens who live in the Southern Hills neighborhood. He stated that he submitted
his comments to suggest to the City administration that even in these difficult
budget times and with all of the other challenges facing the City, it is hoped that the
City of Roanoke will do everything it can to identify ways of moving the above
referenced initiatives forward.
Resolution No. 36110-101502 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Wyatt, and Mayor
Smith .................................................................................................... 5.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris and Council Member Dowe were absent.)
EASEMENTS-DONATIONS/CONTRIBUTIONS-SUBDIVISIONS-UTILITY LINE
SERVICES-TRANSPORTATION SAFETY-WATER RESOURCES: Pursuant to
Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Tuesday, October 15, 2002, at 7:00 p.m., or as
soon thereafter as the matter may be heard, in connection with a proposal of the City
of Roanoke to vacate an existing water line easement located on privately owned
163
property in exchange for a relocated easement to be dedicated to the City of
Roanoke; and thereafter, the City of Roanoke proposes to quitclaim a portion of the
new easement to the Virginia Department of Transportation, in connection with
development of Kingston Estates, a new subdivision located in Roanoke County, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, August 11, 2002.
The City Manager submitted a communication advising that the City of
Roanoke Water Division was contacted by a developer, John Griffl n, regarding a new
subdivision named Kingston Estates which he is constructing in Roanoke County;
and the main water distribution line from the Falling Creek Filtration Plant runs
through the property; the water line has existed in this location for approximately
100 years; the water line runs at a diagonal through the property, as shown on a Plat
of Survey, which impacts the planned housing layout - two houses would be less
than ten feet from the line; the line is under high water pressure and could cause
considerable damage to property if left in its current location; and leaving the water
line in its current location would make routine or emergency maintenance very
difficult.
The City Manager further advised that the City requested the contractor to
locate the water line in a new easement outside the lots in a dedicated water line
easement; the new line and the new easement will be in place before the existing
easement is vacated; water line relocation has been completed and is acceptable to
the City of Roanoke Utility Department; the contractor has requested the City to
quitclaim its easement through the roadways which VDOT requires in order to
accept the road system for maintenance; and the City Attorney and the Attorney for
the developer have agreed on a Deed of Release and Dedication for the water line
and a Deed of Quitclaim which is acceptable to the City of Roanoke.
The City Manager recommended, following the public hearing, that Council
approve execution of the Deed of Release vacating the existing water line easement,
the Deed of Dedication establishing a new water line easement and a Deed of
Quitclaim for VDOT for the easement through the roadway right-of-way.
Mr. Carder offered the following ordinance:
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(#36111-101502) AN ORDINANCE authorizing the vacation and relocation of
a portion of a main water distribution line easement from the Falling Creek Filtration
Plant which runs across property known as Kingston Estates subdivision, and the
acceptance and dedication of a new water distribution line easement across a
portion of the same property, upon certain terms and conditions, and dispensing
with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 66, page 484.)
Mr. Carder moved the adoption of Ordinance No. 36111-'101502. The motion
was seconded by Mr. Cutler.
The Mayor inquired if there were persons present who would like to be heard
in connection with the public hearing. There being none, he declared the public
hearing closed.
Ordinance No. 36111-101502 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Wyatt, and Mayor
Smith ..................................................................................................... 5.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris and Council Member Dowe were absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
No citizens had previously registered to speak.
There being no further business, at 9:00 p.m., the Mayor declared the meeting
in recess until Thursday, October 17, 2002, at 9:00 a.m., in the Roanoke Boardroom
at Bernard's Landing Resort and Conference Center, 775 Ashmeade Road, Moneta,
Virginia, for the City Council's Planning Retreat.
The Council meeting reconvened on Thursday, October 17, 2002, at 9:15 a.m.,
in the Roanoke Boardroom, Bernard's Landing Resort and Conference Center, 775
Ashmeade Road, Moneta, Virginia, with Lyle Sumek, Lyle Sumek Associates, Inc.,
facilitating.
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COUNCIL MEMBERS PRESENT: William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Smith ................................................................................... 7.
ABSENT: None ................................................................................ 0.
STAFF PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City Clerk;
George C. Snead. Jr., Assistant City Manager for Operations; and Rolanda A.
Johnson, Assistant City Manager for Community Development.
COUNCIL: Mr. Sumek reviewed turbulent forces in today's times. He advised
that turbulent times require courageous leaders who invest in the future and to act
on the realities of today; they blend being a catalyst for change with a calm of
stability; and the following realities contribute to today's turbulence:
Post 9/11 - Planning for possible future acts of terrorism; pressures
from public safety unions - from national collective bargaining to
significant salary increases; evaluation and plans for security at City
facilities, from City Hall to water treatment plants; responding to
desires of citizens for reassurance and a safe "backyard" - home and
neighborhood.
Uncertain Economic Future -reduced revenues for current budget year;
delays in business investments in community - a new mall, a business
relocation; Iow return on investment income from reserves and "spare"
cash; and rising cost of health insurance and fewer employee benefits.
Shift to Community Based City Government - greater willingness to
question experts who may not understand the community; increased
open government through public information requests to more citizen
involvement prior to a decision; balancing the "best professional
recommendation" with the "best for the community"; potential
dominance by the negative five per cent who will never be satisfied and
who are increasingly threatening leaders though misinformation.
Civic Impaired Citizenry - lacking little formal education about City
government - roles, responsibilities and legal framework; little interest
in government until they are personally affected by government; and
unwilling to contribute to the City's future by getting involved or voting.
166 -
State "Attacks" on Cities - changing the legal framework from
governance to taxation; taking away or restricting current revenue
sources for cities; balancing highway projects, dollars, or grants; and
acting with regard to the impacts on cities - both short-term and long
term.
Desire To Be A "Service Business" - demand for greater cost
consciousness, concern about service values to "citizen customers";
emphasis on productivity, performance and results; growing frustration
with employee attitude of entitlement; and services based upon
tradition rather than community need.
Mr. Sumek reviewed the ten lessons from great leaders on turbulence; i.e.:
Vision With Defined Goals - The courageous leader does not get
captured by the events of today, but focuses on the future. They look
at the horizon and present a dream that presents a desired future with
goals defined by results that can be measured. In presenting this
vision, the leader risks rejection and possible future political loss.
Simple Message, Meaning to Citizens - The courageous leader has a
challenge of putting their vision and goals, the explanation of decisions
and their actions into a simple message that the non-involved citizen
can relate to in their daily life. The leader must focus on a few key
points and help of others to understand without over simplifying the
issues.
Taking Action, Producing Results - The courageous leader must build
momentum through little successes, which means taking timely action
now and producing visible results that make a difference that citizens
can see. The action contributes to achieving the goal and realizing the
vision. The leader challenges City processes to be more responsible
and action oriented.
Decisive - The courageous leader makes timely decisions based upon
the best available data. They keep the end result - the goal - in mind,
seek and listen to input from others in the City and in the community,
and make decisions within their areas of responsibility. For Mayor and
Council, it is deciding policies, services and service level revenues;
and not micro managing policy implementation, project management
or service delivery.
167
Working Allies - Partners - The courageous leader looks for allies -
allies for their vision and allies who believe in the value based future.
These allies can contribute resources and bring a sense of renewed
energy to the table. The leader actively seeks out these partners and
defines ways of working together for a common good.
Act With Integrity - The courageous leader "walks the walk". Their
promises and commitments become reality. Their behaviors and
actions reflect their words. Their communication is honest and direct.
The leader focuses on their ability to look at themselves in the mirror
and see a person who is a steward of the public trust and is driven by
what is best for the City over personal agenda or gain.
Learns and Adjusts - The courageous leader is not driven by perfection,
but realism. They take time to evaluate and to get feedback, to learn
from the situation and to adjust to the turbulence. The leader
recognizes that no plan is perfect and an effective plan always has
risks of uncertainty.
Have Resiliency - The courageous leader is able to bounce back quickly
from adversity, setbacks or failure. They recognize that every action is
not going to produce the desired outcome and that the opportunity and
environment is in a state of flux. When others want to dwell on the
past, the leader refocuses on the future and enthusiastically believes
that they can help to create a better tomorrow.
Taking Responsibility, Sharing Successes - The courageous leader
takes responsibility for actions, problems and consequences; and
shares successes with anyone who has contributed. They are not
worried about personal credit or recognition. The leader admits failure
whenever appropriate.
Instill Hope - The courageous leader believes in the future and rallies
the support for the future. They believe that their efforts will make a
difference. They ride the City's "Board" and are a strong advocate for
the City's future without being "Pollyannaish".
Mr. Sumek reviewed responses by Council Members for transforming the City
organization.
168 -
He reviewed an Effectiveness Model which includes the following:
Core Competency:
Ideas include service responsibility - mission; what "we" do best; our
services and our products; processes that produce results; our ability
to compete with others; our core business; and knowing our job, our
operation.
Capacity Building:
Ideas include resources to produce results; planning for succession -
future; new knowledge and skills; expanding resources to produce
better outcomes; being better; adjusting processes - focusing on
outcomes.
Cooperation:
Ideas include "sacrificing" for others - greater good; sharing resources,
being a participant; helping others to achieve their goal or our goal;
adding value to the process and product; seeking assistance from
others; willingness to and being receptive to others; success equals
the City.
Accountability:
Ideas include putting a name on a product or service; personal
conduct - actions taken; defining responsibilities, taking responsibility;
transform to results; having consequences: positive or negative; best
use of resources; and knowing the outcome or bottom line.
Mr. Sumek advised that a portion of the session would address vision and
strategic planning. He stated that vision comes from the Council as the governing
body; vision provides an overall framework for the City's future, captures the dream
of what Council wants the City to be 20 years in the future; and vision is presented
in a set of principles which outline the key values of the Council's dream for the City.
He advised that mission defines the basic businesses of City government - reason
for existence and contributions to the community and to the quality of life or
citizens; mission begins with the core businesses of City government, followed by
identification and development of the businesses of each department; different
cities have common businesses and some businesses that are unique to their City
169
alone. He stated that goals define five-year outcomes for the City - Community - the
destination point and direction for the City; and goals become a guidepost for policy
development, policy decisions, management decisions and management/
organization action. He stated that the policy agenda establishes a one-year work
program for the City Council regarding the most important policy issues that need
to be addressed, short-term; focus is on how the City organization conducts
business, manages programs and services and implements projects. He noted that
the management agenda establishes a one-year work program for the City
management team of administrative and internal organization issues that need to be
addressed short-term.
Mr. Sumek reviewed the goals of Council for the City of Roanoke 2008 and
beyond as established at Council's Planning retreat in 2001; i.e.
Healthy/Local Economy
Quality Services: Responsive, Cost Effective
Working Together as a City
Strong Neighborhoods
Vibrant Downtown
Enhanced Environmental Quality
For reading at a later time, Mr. Sumek suggested that Council Members/staff
read "8" Ways Test Strategic Goals Lead to Results".
He reviewed the following major achievements of the City, as stated by
Council Members, i.e.:
Comprehensive Plan: Adoption
City's Response: Water Crisis
Southeast by Design
Stadium/Amphitheater Project
Redirecting CDBG funding: Neighborhood Impact
Budget: Process and Document
Riverside Centre Developments
Air Service Strategy
Civic Center Expansion
Fire/EMS
Greenway Network
Consolidation of Planning/Code Enforcement Office
170 --
Council Members engaged in an exercise, "Looking to the Future" in which
they were asked to respond to the following questions: Roanoke 2012: My Vision;
Major Challenges; Opportunities on the Horizon; My Agenda: 2003. Following
individual completion of the exercise, each Council Member was allotted three
minutes to share their responses to each of the above referenced questions.
Of the following principles, Council Members and staffwere requested to rank
their top 12 priorities:
Capital Center for Western Virginia: economic, governmental and
cultural
Strong neighborhoods with quality infrastructure, livable homes
Pedestrian oriented developments and City
Financially sustainable City government
Recognized leadership on regional and State issues
Quality water supply meeting community needs
Variety of venues to attract people
Ease in traveling from and to the outside world
Tourism: people coming to Roanoke, a key to our economy
City services delivered in the most cost effective manner
Young adults wanting to live in Roanoke: an exciting place to live
Convenient parks and leisure activities
Strong community pride and identity
Top quality City services
River and waterways clean and usable
Protection of our natural beauty and resources
Easement of movement within Roanoke
Citizens involvement in City governmentJactive partnership
Known for educational excellence
River front developed as an exciting focal point to live and play
Trails and greenways linked throughout the community
Reuse of brown fields and redevelopment for better uses
Entertainment destination point: major events, sporting events and
tournaments, festivals, etc.
Businesses and individuals investing in Roanoke and in downtown
Connectivity with universities and colleges
One of the safest cities in the country
Center for cultural arts and museums
Increased city population
Increased income.
171
From the above listed principals, Council Members/staffengaged in a ranking
exercise and the following received the highest ranking:
Regional Center for Western Virginia: economic, governmental and
cultural
Strong neighborhoods with quality infrastructure, livable homes
Financially sustainable City government
Quality water supply meeting community needs
Ease in traveling from and to the outside world
Young adults wanting to live in Roanoke/an exciting place to live
Strong community pride and identity
Protection of our natural beauty and resources
Known for Educational Excellence
River front developed as an exciting focal point to live and play
Reuse of brown fields/redevelopment for better uses
Entertainment destination point: major events, strong events and
tournaments, festivals, etc.
Businesses and individuals investing in Roanoke and in downtown
Connectivity with universities and colleges
Center for cultural arts and museums.
The meeting was declared in recess at 12:10 p.m., for lunch.
At 1:20 p.m., the meeting reconvened.
The remainder of the work session consisted of a discussion of the City's
goals with primary objectives, i.e.:
Healthy Local Economy
Quality services: responsive, cost effective, working together as a City,
strong neighborhoods, vibrant downtown, and enhanced environmental
quality.
Mr. Sumek advised that he would incorporate the suggestions of Council
Members regarding additions and/or deletions to Roanoke 2008 and beyond for
discussion at a future Council retreat.
172 --
The City Manager advised of efforts to establish a date for a joint City
Council/School Board retreat and following the retreat, she requested that Council
set aside additional time to meet with Mr. Sumek to review the goals and objectives
of Council as revised during the current work session.
There being no further business, at 3:00 p.m., the meeting was declared in
recess to be reconvened on Friday, October 18, 2002, at 12:00 noon, for the Regional
Leadership Summit Luncheon, to be hosted by the City of Covington, City Hall, 333
West Locust Street, Covington, Virginia.
The City Council meeting reconvened on Friday, October 18, 2002, at
1:00 p.m., in the City of Covington, City Hall, 333 West Locust Street, Covington,
Virginia, for a meeting of the Regional Leadership Summit.
CITY COUNCIL MEMBERS PRESENT: William D. Bestpitch, M. Rupert Cutler,
Linda F. Wyatt and Mayor Ralph K. Smith ................................................. -4.
CITY COUNCIL MEMBERS ABSENT: William H. Carder, Alfred T. Dowe, Jr., and
Vice-Mayor C. Nelson Harris .................................................................... 3.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; and Mary F. Parker,
City Clerk.
Representatives from the City of Salem, Town of Vinton, Roanoke County,
Botetourt County, Montgomery County, Allegheny County, Bedford County, Franklin
County and the City of Covington were also in attendance.
COUNCIL.LEGISLATION-REGIONAL LEADERSHIP SUMMIT: The Honorable
Temple Kessenger, Mayor, City of Covington, welcomed all participants to the
meeting and presented a film outlining the accomplishments of the City of
Covington.
Wayne Strickland, Executive Director, Roanoke Valley-Allegheny Regional
Commission facilitated the meeting.
Mr. Strickland advised that on September 26, 2002, City
Managers/Administrators met to prepare a proposed list of legislative items to be
considered by the Regional Leadership Summit and narrowed the list down to less
than ten items that were considered to be key components. He stated that the
legislative items are categorized into the following topics: Education, Taxing and
Funding, Transportation and Local Authority. The following recommendations for
presentation to local representatives to the General Assembly were reviewed:
173
EDUCATION:
The General Assembly should fully fund the Standards of Quality. The
Commonwealth has an obligation to fund the Standards of Quality on
the basis of realistic cost - reflecting actual education practices to
include capital, operating and maintenance costs.
TAXING AND FUNDING:
The General Assembly should eliminate the distinction in taxing
authority of Virginia's cities and counties. Counties should possess
the same authority as cities to levy taxes on tobacco products, lodging,
meals and admissions. The Tax Commission recommended elimintion
of the distinction in taxing authority.
The General Assembly should require state agencies, such as the
Virginia Department of Housing and Community Development, to use
specific income data from towns when assessing grants-in-aid
programs. Currently, data for counties are used when towns apply for
grants and often the economic conditions in a town differ significantly
from the economic condition of the county in which they are located.
This places the towns at a disadvantage when applying for competitive
state grants.
TRANSPORTATION:
The General Assembly should require VDOT to find a funding
mechanism that will expedite the widening/improvements to
Interstate 81. 1-81 is the economic lifeblood of Western Virginia.
Improvements to this highway will enhance safety and promote the
economy of this region. The communities in Western Virginia cannot
wait 40 - 50 years for the widening of 1-81 to take place.
The General Assembly should fund implementation of passenger rail
service in the Roanoke to Bristol corridor. Rail service will provide a
good multi-modal addition to the highways and airports currently
serving the region.
174 -
The General Assembly should fund the Smart Road outside of the
VDOT funds allocated to the Salem Transportation District.
Approximately 35 per cent of the funds allocated to the Salem District
are going to pay for the Smart Road. This highway facility represents
an economic benefit for the entire Commonwealth and the nation, and
as such, the funds for the Smart Road should not come solely from this
region's highway allocation.
LOCAL AUTHORITY:
The General Assembly should not pass legislation that takes away local
government authority over land use issues. For example, legislation
will be considered in the 2002-03 session that will require manufactu red
housing to be permitted "by right" in all residential zoning districts.
Such legislation would directly affect the power of local councils and
boards to control land use in their communities.
Mr. Strickland proposed that members of the Regional Leadership Summit
meet with area legislators on October 31 or November 25 at 12:00 noon to present
the above referenced recommendations.
Following discussion, it was the consensus of the majority in attendance that
the meeting with area legislators will be held on Thursday, October 31,2002, at 12:00
noon at a location to be later announced; and Mr. Strickland would send letters of
invitation to area legislators, along with a copy of the proposed recommendations.
Mayor Smith moved approval of the recommendations as discussion points
for the October 31 meeting with area legislators. The motion was seconded by Mr.
Bestpitch.
There was discussion that City Councils and Boards of Supervisors should
band.together in advising local legislators that instead of placing the taxing burden
on localities, they should either raise taxes or cut the car tax; and legislators should
be made accountable for the results of actions that take place at the General
Assembly.
Discussion also centered around advising legislators that local officials
oppose any state action that would limit or restrict existing taxing authority of
localities; counties should possess the same authority as cities to levy taxes on
tobacco products, lodging, meals and admissions; the state has taken on too many
projects and the difference between inflation, population, economic growth and the
175
growth of the state budget is somewhere between two and four per cent; if the state
dictates that money is to be spent in a certain way, the state should fund the
mandate; the state is not doing a wise job in spending taxpayers' dollars; and a one
per cent increase in the sales tax in the Commonwealth of Virginia would help to
solve existing problems.
It was the consensus of the Regional Leadership Summit that on October 31
area legislators should be told that the State is not addressing certain matters for
which it is responsible; and there are approximately 500 Federal and State mandates
in the Commonwealth of Virginia, some of which are funded fully, some of which are
partially funded and some of which are not funded at all.
It was agreed that another sentence will be added to the recommendation on
taxing and funding to request that the General Assembly should not limit or restrict
existing local revenue sources.
Following further discussion, it was agreed that Roanoke City Manager
Darlene Burcham would work with Mr. Strickland on proper phrasing of the
statement.
The motion to adopt the recommendations with the above referenced addition
was adopted; and it was agreed that the recommendations will be forwarded with
the letters of invitation to area legislators.
There was discussion in regard to designating a facilitator for the October 31
meeting; whereupon, it was the consensus that Mr. Strickland will serve in that
capacity. Following further discussion, it was the consensus that Council Member
Linda Wyatt, City of Roanoke, and Board Chair Mary Biggs, Montgomery County, will
present the section on Education; Mayor Sonny Tarpley, City of Salem, will present
the section on Taxing and Funding; Board Chair Joe Church, Roanoke County, will
present the section on Requesting State Agencies such as the Virginia Department
of Housing and Community Development to use specific income data from towns
when assessing grants in aid programs; Board Chair Wayne Angell, Franklin County,
will present the section on Not Limiting or Restricting Existing Local Revenue
Sources; Board Chair Steven Clinton, Botetourt County, would present the section
on Widening and Improvements to 1-81; Council Member William Bestpitch, City of
Roanoke, would present the section on Implementation of Passenger Rail Service
in the Roanoke to Bristol corridor; Board Member Joe McNamana, Roanoke County,
would present the section on Funding for the Smart Road Outside of the VDOT
funds allocated to the Salem Transportation District; Mayor Temple Kessinger, City
of Covington, and Chair Cletus Nicely, Allegheny County, would present the section
on Local Authority.
176 -
It was agreed that an elected official will make opening remarks and set the
tone for the meeting, and that the local official would depend upon which locality
hosts the luncheon.
The representative from Montgomery County distributed copy of Montgomery
County's Legislative Priorities for 2003.
Mr. Strickland called attention to an Early Reduction Compact, which will
attempt to address the issue of ozone non-attainment for the Roanoke Valley. He
advised that the Environmental Protection Agency (EPA) will likely declare the
Roanoke Valley a non-attainment area for ozone in March of 2004; however, if the
region is able to form an Early Reduction Compact, this designation can be deferred
for up to three years, or possibly eliminated all together; and the Compact falls
under the EPA's approved Early Action Program.
He explained that the Early Action Program allows local governments that
would be designated part of a non-attainment area to work cooperatively to prepare
a plan for ozone reduction, which allows local governments the flexibility to
determine appropriate measures in their region to reduce ozone levels, in lieu of
Federal and State governments mandating specific ozone reduction requirements;
additionally, by participating in the Early Action program, the localities will be
showing their constituents that they are being "proactive" in trying to improve air
quality in the region; participation in the program is crucial because if the EPA
declares the region as a non-attainment area, both future transportation
improvements and industrial development efforts will be affected.
Mr. Strickland further explained that in order for the region to participate in the
program it must have an Early Reduction Compact agreed to and signed by
representatives of participating local governments by December 31, 2002; and
following formation of the Compact, participating local governments will have one
year, until December 31,2003, to prepare a plan to demonstrate how they will reduce
ozone levels by 2007.
The Roanoke City Council meeting was declared in recess at 2:00 p.m., to be
reconvened on Thursday, October 31, 2002, at 12:00 noon for a luncheon meeting
of the Regional Leadership Summit with elected officials to the General Assembly
representing the City of Roanoke, City of Salem, City of Covington, Town of Vinton,
Franklin County, Roanoke County, Botetourt County, Allegheny County, and Bedford
County.
177
The City Council meeting re¢onvened on Thursday, October 31, 2002, at
12:00 noon at the Salem Civic Center, 1001 Salem Boulevard, Salem, Virginia,
Parlor C, for a meeting of representatives of the Regional Leadership Summit and
legislators representing member localities to the Regional Leadership Summit,
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler and
Linda F. Wyatt ............................................................................................... 3.
ABSENT: Council Members William H. Carder, Alfred T. Dowe, Jr., C. Nelson
Harris and Mayor Ralph K. Smith ....................................................................... -4.
OFFICERS PRESENT: William M. Hackworth, City Attorney; and Mary F.
Parker, City Clerk.
LEGISLATORS PRESENT: Senator John S. Edwards, representing the 21st
Senatorial District; Senator Bo Trumbo, representing the 22nd Senatorial District;
Delegate A. Victor Thomas, Delegate Clifton A. Woodrum, III, and Delegate Morgan
Griffith.
Also represented were members of City Councils/Boards of Supervisors and
staff of the following localities: City of Roanoke, City of Covington, City of Salem,
Town of Vinton, Bedford County, Roanoke County, Botetourt County, Allegheny
County, Montgomery County and Franklin County; Wayne G. Strickland, Executive
Director, Roanoke ValleylAIleghany Regional Commission; Christie Meredith,
Legislative Aide to Delegate Woodrum; Brian Shepherd, Legislative Aide to Delegate
Thomas; and Melinda Payne, City of Salem Public Information Officer.
COUNCIL-LEGISLATION-REGIONAL LEADERSHIP SUMMIT: Following lunch,
the Honorable Sonny Tarpley, Mayor, City of Salem, welcomed all attendees and
advised that members of the Regional Leadership Summit have united in order to
take cities, counties and towns into the future. He stated that the list of concerns
which will be presented at today's session are not only needed for the future, but
they are needed in order for localities to remain in the status quo position.
Mr. Strickland presented an overview of Regional Leadership Summit
activities. He advised that the Regional Leadership Summit has been meeting for
the past two years in the Allegheny Highlands, the Roanoke Valley, the New River
Valley, the City of Lynchburg, Franklin and Bedford Counties; each Leadership
Summit meeting has been held in a different locality which gives the host locality an
opportunity to highlight programs and services provided to its citizens; and
meetings have also provided an opportunity for elected and administrative officials
178 --
to get to know each other in an effort to build trust and comfort levels; and meetings
have allowed elected officials to gain a better understanding of specific issues
facing counties, cities and towns. He explained that issues facing rural areas may
be different from those issues of the more urban areas, but there are numerous
common concerns that all localities must address. He stated that the Leadership
Summit has led to regular meetings of the Mayors and Chairs and the Chief
Administrative officials to discuss issues that should be addressed at future
Leadership Summit meetings. He noted that meetings have helped local officials to
understand that they represent one economic region, and officials have gained a
better appreciation for the idea that the economy is regional in nature and if several
jurisdictions suffer economically, the entire region may suffer over time.
Mr. Strickland explained that key legislative issues will be presented, which
have been approved by local elected officials working cooperatively to address
broad issues of concern to the region; i.e.: Education, Taxing and Funding,
Transportation and Local Authority.
TAXING AND FUNDING:
The Honorable Sunny Tarpley, Mayor, City of Salem, advised that the General
Assembly should eliminate the distinction in taxing authority of Virginia's cities and
counties; counties should possess the same authority as cities to levy taxes on
tobacco products, lodging, meals and admissions; and the Tax Commission
recommended the elimination of the distinction in taxing authority.
The Honorable Wayne Angell, Chair, Franklin County Board of Supervisors,
advised that the General Assembly should not limit or restrict existing local revenue
sources. He stated that there should be enhancements and a broadened taxing
authority and funds should not be replaced from a source that localities presently
depend on.
The Honorable Joe "Butch" Church, Chair, Roanoke County Board of
Supervisors, advised that the General Assembly should require State agencies, such
as the Virginia Department of Housing and Community Development, to use specific
income data from towns when assessing grants-in-aid programs. He stated that
currently, data for counties are used when towns apply for grants and often the
economic conditions in a town differ significantly from the economic condition of
the county in which they are located, which places the towns at a disadvantage
when applying for competitive state grants.
179
He explained that he brought the matter forth on behalf of the Town of Vinton
because Roanoke County demographic information is stronger in the Cities of
Roanoke and Salem, but the Town of Vinton's population or land use patterns more
accurately reflect those found in the two cities and not in Roanoke County.
Therefore, he stated that by using the Town's demographic information and not
Roanoke County's, the Town of Vinton would better compete for grants in aid
programs.
EDUCATION:
The Honorable Linda F. Wyatt, Council Member, City of Roanoke, advised that
the General Assembly should fully fund the Standards of Quality. She stated that the
Commonwealth of Virginia has an obligation to fund the Standards of Quality on the
basis of realistic costs - reflecting actual education practices to include capital,
operating and maintenance costs.
She stated that some legislators have stood tall and taken the heat to
adequately fund public education and the mandates that have been imposed, for
which she expressed appreciation as a retired teacher, local public official, and on
behalf of the children of the Commonwealth of Virginia. However, she added that
other legislators have found every excuse in the book not to adequately fund public
education. She advised that public education is a local responsibility and referred
to a constitutional provision which clearly states that the responsibility belongs to
the State legislature. She noted that the state legislature had 51 opportunities to
vote and move toward adequately funding the Standards of Quality that it mandated,
but on 51 occasions the legislature put greed over Virginia's children, and according
to the Congressional Quarterly, Virginia ranks 49t~ in state aid per pupil, with only
the State of Nevada ranking lower.
She asked that the General Assembly vote to raise taxes in order to
adequately fund public education in the Commonwealth of Virginia, because the
children of Virginia need for their legislators to act like statesmen and not
politicians.
TRANSPORTATION:
The Honorable Steve Clinton, Chair, Botetourt County Board of Supervisors,
advised that the General Assembly should require the Virginia Department of
Transportation (VDOT) to find a funding mechanism that will expedite
widening/improvements to Interstate 81. He stated that 1-81 is the economic
lifeblood of Western Virginia, improvements to the highway will enhance safety and
promote the economy of this region; and the communities in western Virginia cannot
wait another 40 - 50 years for widening of 1-81 to take place.
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He referred to statistics that approximately 1,000 people are killed every year
on Virginia's highways and each fatality costs approximately $980,000.00, traffic
crashes are the leading cause of death for Americans, ages 3 - 44, one in every eight
traffic fatalities is the result of heavy trucks, and each $1 billion spent on road
construction results in $2.05 billion in increased economic activity and
approximately 16,000 jobs directly or indirectly.
The Honorable William D. Bestpitch, Member, Roanoke City Council, advised
that the General Assembly should fund implementation of passenger rail service in
the Roanoke to Bristol corridor. He stated that rail service will provide a good multi-
modal addition to the highways and airports currently serving the region. He added
that the General Assembly should fund implementation of passenger rail service in
the Roanoke to Bristol corridor; and rail service will provide a good multi-modal
addition to the highways and airports currently serving the region. He advised that
at the Federal and State levels, most of the resources are going strictly for highway
development, with very little allocated to rail service, the time has come to look at
the effectiveness of building more highway lanes to move people about, and it is
difficult to identify examples of locations where additional highway lanes have
actually improved the traffic congestion that they were intended to improve. He
asked that the General Assembly, particularly in these difficult budget times, look
at the economic advantages and cost effectiveness when taking into consideration
those improvements that can be realized as a result of spending dollars on
passenger rail versus what can be accomplished by spending dollars elsewhere,
because there is a need to achieve a better balance. He called attention to the need
to invest in all other modes of transportation as well, in order to achieve a better
balance.
The Honorable Joe McNamara, Member, Roanoke County Board of
Supervisors, advised that the General Assembly should fund the Smart Road outside
of the VDOT funds allocated to the Salem Transportation District. He stated that
approximately 35 per cent of the funds allocated to the Salem District are going to
pay for the Smart Road; the Smart Road represents an economic benefit for the
entire Commonwealth of Virginia and the region, and as such, funds for the Smart
Road should not come solely from this region's highway allocation.
He advised that VDOT's Six Year Plan, which was adopted in June 2002,
included $7.3 billion, which is a 28 per cent reduction from the $10.1 billion
previously allocated. He expressed concern specifically within the Salem District,
and advised that he was not suggesting more funds for VDOT, but more money for
the Salem District. He also advised that the Salem District presents a challenge
because of the length of Routes 220 and 466 which create a deficit position in
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highway funding in the Salem District. He stated that there was a reduction in the
Salem District of 33 per cent and in addition, $36 million over the next six years will
be funded out of the $99 million for the Smart Road. Although the Smart Road will
continue to be a tremendous asset to economic development for the entire
Commonwealth of Virginia, Virginia Tech and the United States, he challenged the
fairness of the Salem District bearing the load to develop the Smart Road in its
entirety. In comparing other districts, he advised that the reduction ranged
anywhere from 5.73 per cent for northern Virginia down to the Salem District with a
total reduction of 44.11 per cent. He stated that part of the problem can be solved
by funding the Smart Road off the top and then look at reductions.
LOCAL AUTHORITY:
The Honorable Temple Kessinger, Mayor, City of Covington, advised that the
General Assembly should not pass legislation that takes away local government
authority over land use issues. For example, he stated that legislation will be
considered in the 2003 Session of the General Assembly that will require
manufactured housing to be permitted "by right" in all residential zoning districts,
and such legislation would directly affect the power of local councils and boards of
supervisors to control land use in their communities.
He advised that the City of Covington would like to keep double wide trailers
out of the historic district.
CONCLUDING REMARKS:
The Honorable Don Davis, Mayor, Town of Vinton, advised that there is no
need to place the blame on any one person or party in regard to budget problems
because a series of events caused the current budget shortfall. He stated that the
problems plaguing Virginia's budget were not created over night and they will not
be solved over night, but localities and the legislature need to work together in order
to get through these difficult budget times. He referred to the concerns of localities
represented on the Leadership Summit in regard to budget cuts in State funding, and
noted that when State funding was cut, funding for localities was also cut, and in
most cases localities either had to cut services or raise taxes, and some localities
had to do both. He stated that funds are being cut in all areas; however, he referred
to specific areas that are important to the localities represented on the Regional
Leadership Summit, the first being education because of the necessity to continue
to educate our children and provide them with an opportunity to succeed in life. He
explained that in 2001, Virginia was ranked 32"d in education, while prisons ranked
number one. He stated that the second area of concern is public safety, and law
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enforcement 599 funds are being cut which affects the amount of police protection
provided for citizens. Lastly, he referred to State budget cuts in economic
development and tourism, 19 persons will be laid offand out of the 19, 15 positions
are in the Economic Development Department. He called attention to the need for
new businesses locating in the localities to provide tax dollars for essential services
and to offset some of the State's budget cuts. He advised that budget cuts have
been made in most departments of the Commonwealth and in local government, and
questioned when the decreases in State funding will stop. He stated that local
government leaders cannot continue to provide essential services to citizens if local
funding is cut, and localities cannot continue to function if General Assembly
members and other leaders in Richmond do not do something to help the localities.
He added that localities believe they have done all they can do and it is now up to the
legislature; no locality wants to raise taxes, but the State has forced localities to do
so in many instances in order to keep local government operating. He advised that
it is hoped that the General Assembly would do the same if that is what it takes to
get the Commonwealth of Virginia back to where it should be. He noted that the
State's budget will be one of elected officials focusing on many different and
sometimes unpleasant choices, and legislators will be forced to make difficult
decisions to ensure that the needs of the citizens of Virginia are met. He explained
that the local officials assembled today have joined together to help legislators meet
the needs of all of Virginia's citizens, and encouraged that legislators do whatever
is necessary to take the Commonwealth of Virginia back to where it was a few years
ago, even if it means raising taxes or cuffing the car tax. He stated that another
possibility is relaxing the Dillon Rule and changing the priorities of the General
Assembly.
Senator Trumbo expressed appreciation for the opportunity to discuss
pertinent issues, and advised that the number one issue is the State's current
financial position. He explained that the Governor has submitted $850 million worth
of cuts to the existing budget in order to meet the constitutional requirement of
balancing any shortfalls in the budget; over the next biennium, the figure could
increase and the State is looking at a total shortfall of approximately $1.6 billion, so
if one applies the Governor's cuts to that, we are only half way there. He stated that
because of the Standards of Quality (SOQ) funding per student and an increase in
K-12 population over the next several years, along with Medicaid costs, the State is
looking at another $500 million expenditure, so there is the potential for a $2 billion
shortfall over the next biennium, which will cause some problems inasmuch as the
General Fund budget overall and aid to localities will take up 50 per cent of
expenditures in the General Fund budget. Therefore, he explained that there is no
way the General Assembly can cut State agency budgets and reap the amount of
money that is needed in order to match the budget shortfall. He advised that it is
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going to be difficult to prioritize when addressing SOQ funding, Medicaid funding,
and community service boards. He stated that the budget shortfall can be balanced
on any number of cuts - SOQ funding, Medicaid funding, but the question is, are we
going to take the consequences of those cuts and therein lies the need to look to our
constituency. He stated that legislators are going to take their role from what their
constituencies advise which is a function of the upcoming election process;
therefore, he is depending on his constituents coming together and informing him
as to future direction. He added that we are currently at a crossroads where it is
important to recognize the priorities as demonstrated by individual constituencies.
He advised that there is no particular "appetite" on the part of the Senate Finance
Committee, of which he is a member, to raise taxes and it is going to take some
other type of movement to inform the Senate Finance Committee otherwise.
Senator Trumbo stated that towns and counties are now providing the same
types of infrastructure needs as cities formerly provided and there should not be a
difference. He advised that in an effort to maintain the ability for persons to function
within the system, there must be uniformity, so the question becomes the method
of implementation because the provision should be uniform statewide, as opposed
to being different in each jurisdiction. He stated that existing local revenue sources
should not be limited or restricted, and called attention to a State Commission
charged with the responsibility of reviewing the total tax structure, which is a
massive undertaking that needs to be done. He added that we are no longer an
agrarian society as we were in the past, we have to recognize our differences and
come together with not only a statewide approach, but also look at funding
extremes. He advised that at this point, he did not believe that taxing should be
further restricted, but by the same token there should be some assurance over the
long term that there is a hold harmless for localities so that localities are not
restricted when undertaking a restructuring of the entire tax structure. He agreed
that the General Assembly should require State agencies, such as the Virginia
Department of Housing and Community Development, to use specific income data
from towns when assessing grants in aid programs, because the ability to use the
towns' own data is extremely important in relation to needs, wants and desires of
the specific community.
He advised that 1-81 is in limbo because of the Public Private Transportation
Act proposals, although there is no question that something needs to be done. He
concurred in previous remarks regarding the Smart Road which is a Commonwealth
of Virginia asset and not a Salem District asset.
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He stated that the question needs to be answered as to whether there is a
market for rail transportation, are the traveling patterns of people going to be
changed, a considerable amount of money will be needed to upgrade rail track from
freight hauler to passenger service, and the question is, where will the money come
from. Therefore, he stated that it is important to look at total cost, as opposed to
market value and return on revenue.
Senator Trumbo referenced what is referred to in the State of Maryland as
"smart growth", which is nothing more than a state-wide land use pattern. He stated
that money needs to be spent in those areas which need it most; however, most
people in the State of Virginia, population-wise, would probably say that the
transportation dollar should be spent in northern Virginia because more people use
transportation in that area, but, by the same token, he questioned whether that
should take money away from the ability to expand uses. He concurred in previous
remarks that land use patterns should be done on a local basis and not on a state
wide basis.
Senator Edwards expressed appreciation for the opportunity to meet with
local elected and administrative officials. He advised that all of the issues
addressed today deal with money which, like water, is currently a scarcity in
Virginia. As stated by Senator Trumbo, he stated that the question becomes one of
money or politics, and the money is there if the politics are there. He stated that last
year the Senate, on two occasions, passed a bill for a statewide referendum to add
one cent to the sales tax for education and on both occasions the bill was never
considered by the full House of Representatives. He advised that the budget
situation is getting worse, last year $3.8 billion was cut from the budget, plus cuts
in the current biennial budget -- $1 billion this year and $1 billion next year. He
stated that the question is, how to solve the problem, and advised that there could
continue to be cuts to the Division of Motor Vehicles, or some type of revenue
enhancements; and there are a number of options on the table, although no one is
specifically addressing any one option. He noted that citizens will speak out through
the upcoming election process; however, during the 2003 Session of the General
Assembly, there will have to be some proposals concerning revenue enhancements.
Senator Edwards discussed the bond issue which will be included on the
election ballot on Tuesday, November 5, which will allow the citizens of the
Commonwealth of Virginia to say something about the future of higher education
and the future of parks and recreation facilities. He stated that taxes will not be
affected, but the future of higher education is at stake because Virginia's colleges
and Universities are having to cut back on the number of people attending, which
means that fewer Virginians will have the opportunity for higher education unless
the bonds are passed. He advised that passage of the bond referendum will
enhance the economy and the future growth of the Commonwealth of Virginia.
185
Delegate A. Victor Thomas expressed concern with regard to funding for the
Standards of Quality, because the State has not done its part, and legislators need
to know the thinking of citizens of the Commonwealth of Virginia. He stated that the
worst is yet to come in regard to Virginia's funding crisis and the Commonwealth of
Virginia needs to take a close look at the way it conducts business. In regard to the
request that the General Assembly should eliminate the distinction in taxing
authority of Virginia's cities and counties, he called attention to the need for
adjustments across the board, although he would have no problem in supporting the
legislation. He also concurred in the statement that the General Assembly should
not pass legislation that takes away local government authority over land use
issues. He stated that it is critical that education bonds and park bonds be passed
by the citizens of the Commonwealth on November 5 to provide much needed jobs.
Delegate Clifton A. Woodrum, III, advised that he appreciates the work of local
government which is on the front lines of democracy every day. He stated that the
problem rests in the fact that the Commonwealth of Virginia has a structure of
government services that is not being supported by available revenue and the
General Assembly must decide whether or not to downsize to match revenue or
increase revenue to match services. He stated that the car tax relief is an
appropriation of State revenues to open government; however, there is an inequity,
geographically, when figures show that Loudon County receives $196.00 per year
and Roanoke City receives $85.00 per year. He referred to his efforts last year to co-
sponsor an amendment to the budget that would have taken the 70 per cent car tax
back to 47.5 per cent, which failed both in Committee and on the floor of the House
of Representatives. He called attention to the potential for further budget cuts at the
2003 Session of the General Assembly, and concurred in previous remarks
regarding an increase in the tobacco tax and perhaps the alcohol tax.
Delegate Morgan Griffith advised that the current problems did not occur in
the last two to three years, but came about over a period of decades. He stated that
he did not believe that the General Assembly will cut funding for the Standards of
Quality (SOQ), and the SOQ will be fully funded at some point in the future. He
added that it is important to ensure that SOQ funding is not cut this year;
whereupon, he referred to conversations with persons on the House of
Representatives side who state that the SOQ is an area that will be taken off the
table, which means that other items will be on the table in a larger percentage
because the SOQ funding is expensive, especially with the increase in students and
escalating costs. With regard to eliminating the distinction in taxing authority
between Virginia's cites and counties, he stated that there may need to be some
compromise, but the counties who provide the service should be able to tax in the
same manner as the cities. He noted that there may be some counties in Virginia
186 -
that are not providing services and there should be some distinction, but specifically
in regard to the cigarette tax, counties should be in the same position as cities. In
regard to restricting local revenue sources, he stated that it is hoped that the
General Assembly will take a hands off approach this year. He concurred in the
suggestion that the General Assembly should require State agencies to use specific
income data from towns when assessing grants in aid programs.
With regard to 1-81, he stated that he supports a proposal which is currently
on the table with regard to imposing tolls on trucks. He explained that it would be
virtually impossible to obtain approval of a plan that will place a toll on all vehicles
because of the necessity for toll booths and land for toll booths, which would call
for expanding certain areas of 1-81. Therefore, he stated that if there are to be tolls,
trucks would be the practical way to go since they must be licenced by the State to
be on the highways, and trucks could be equipped with a bar code attached to the
vehicle to provide that when the vehicle passes underneath a scanner, the truck is
scanned, thereby eliminating the need for a toll booth. He called attention to the
importance of not delaying the timetable for review of proposals for Public Private
Transportation Act funding on 1-81, and advised that the Transportation Department
has indicated a willingness to designate funding over and above the State's normal
allotment for 1-81 if there is a separate truck lane proposal, but the proposal must be
selected by VDOT by mid February 2003, or as much as $1 billion could be lost to
another state. He noted that he does not favor passenger rail service because
Virginia does not have the population to support it, and although the Roanoke Valley
is significant in size in this part of the state, it is not a large enough hub to attract
sufficient ridership. In regard to the Smart Road, he advised that if the Salem
District is going to pay for the road, it should get the benefits, and currently, not one
vehicle that is driven by one of our constituents can travel on the Smart Road;
therefore, how can the General Assembly justify the money coming out of Salem
District funds. He expressed concern over land use issues, and called attention to
certain localities that do not wish to consider the issue, although it is hoped that the
matter can be worked out before it reaches the General Assembly level. He stated
that while there is a need for manufactured housing, particularly the nicer types of
such housing, there are localities that do not wish to consider the issue, and
problems could be created, thus, there may be a need to work out a compromise.
He referred to the Administrative Rules Commission which is charged with the
responsibility of reviewing administrative rules and regulations, and for the first time
in history, the legislature will hold questionable legislation in abeyance pending
review by the legislative branch. As an example, he referred to a new regulation by
the Department of Health in regard to septic tanks which would greatly impact a
187
number of areas, particularly growth and development in the Smith Mountain Lake
area, and could add as much as $26,000.00 to the cost of a new home. He stated that
local officials need to be aware of the Administrative Rules Commission in the event
that there is specific legislation that local officials believe to be unreasonable.
The following general comments were made from the floor by local elected
officials:
The last thing localities want is for the State to mandate the use of local
taxes, such as the State did with regard to the personal property tax
and the car tax.
There should not be a limit on the tobacco tax and counties should be
allowed to tax in the same manner as cities.
A money plan is needed. It has been stated that there will not be an
increase in taxes, therefore, some other type of revenue enhancement
is needed. It could be economic development, although when an
industry locates in a locality that will generate more jobs and tax
money, the amount of funds received from the Governor's Enterprise
Fund is shameful.
If the current financial intake, or cash flow, is not changed at the State
level, nothing will change and the Commonwealth of Virginia will
experience the same plight year after year.
The General Assembly is encouraged to identify more funds. If it is not
to be in the form of a tax stream, the General Assembly should reach
a consensus on identifying funds, such as tax breaks which are
provided in surrounding states to attract new industry.
The car tax is failing, therefore, it should be eliminated.
On behalf of elected and administrative officials of the Regional Leadership
Summit, Mr. Strickland expressed appreciation to Senator Trumbo and Senator
Edwards and to Delegate Thomas, Delegate Woodrum and Delegate Griffith for
taking time out of their busy schedules to meet with local elected and administrative
officials.
188 -
There being no further business, the Roanoke City Council meeting was
adjourned at 2:20 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
189
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 4, 2002
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
November 4, 2002, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Vice-Mayor C. Nelson Harris presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure,
Rule 1, Reoular Meetinos, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William D. Bestpitch, William H. Carder, Alfred T.
Dowe, Jr., Linda F. Wyatt and Vice-Mayor C. Nelson Harris ............................... 5.
ABSENT: Council Member M. Rupert Cutler and Mayor Ralph K. Smith ......... -2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; and Mary F. Parker, City Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting a Closed Meeting to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in Closed Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia, 1950, as amended. The motion was seconded by Mr. Dowe
and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Dowe, Wyatt and Vice-Mayor
Harris ............................................................................................................ 5.
NAYS: None ......................................................................................... 0.
(Mayor Smith and Council Member Cutler were out of the Council Chamber when the
vote was recorded.)
190
CITY ATTORNEY-CITY COUNCIL: A communication from the City Attorney
requesting that Council convene in a Closed Meeting to consult with legal counsel
on a matter of pending litigation, pursuant to Section 2.2-3711 (A)(7), Code of
Virginia (1950), as amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in Closed Session to consult with legal counsel on a matter of pending
litigation, pursuant to Section 2.2-3711 (A)(7), Code of Virginia, (1950), as amended.
The motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Dowe, Wyatt and Vice.Mayor
Harris ............................................................................................... 5.
NAYS: None ......................................................................................... 0.
(Mayor Smith and Council Member Cutler were out of the Council Chamber when the
vote was recorded.)
At 12:20 p.m., the Vice-Mayor declared the meeting in recess to be
immediately reconvened in the Emergency Operations Center Conference Room,
Room 159, for a briefing on technology.
At 12:25 p.m., the Council meeting reconvened in Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, for a briefing on
technology-related issues, with Mayor Smith presiding, and all Members of the
Council in attendance.
COUNCIL-CITY INFORMATION SYSTEMS: The City Manager advised that
Council has been supportive of efforts to expand the use of technology by City
departments, and several months ago, Council made a specific request that City
staff present the City's master plan for technology. She called upon Joe D. Slone,
Director of Technology, and Philip C. Schirmer, Chair, Technology Committee, for
a presentation on pertinent technology- related issues.
Mr. Slone presented information on accomplishments to date, projects that
are currently in progress, and future technology direction.
During a discussion of the matter, the importance of computer literacy by
teachers and students in the Roanoke City Public Schools was emphasized;
whereupon, the City Manager advised that technology is an area where the City and
191
the School system should more actively engage in dialogue, and suggested that the
item be a topic of discussion by Council and the School Board at a future joint
meeting of the two bodies. She stated that there are both administrative and support
functions that can be accomplished jointly, and purchasing is another issue that
should be explored which could lead to a possible joint venture by the City and the
School system.
There was further discussion by Council with regard to the type of
information that should be made available to the citizens via the City's web site; i.e.;
information regarding the City's Comprehensive Plan in an effort to provide
awareness, education, etc., and to provide a method for citizens to provide input
electronically. It was pointed out that since technology changes at such a rapid
pace, it is difficult to stay on the cutting edge, and emphasis was placed on the
importance of ensuring adequate funds to upgrade and replace equipment.
At 1:25 p.m., the Council meeting was declared in recess to be immediately
reconvened in Closed Session in the Council's Conference Room, fourth floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke.
At 1:50 p.m., the Council meeting reconvened in the City Council Chamber,
with Mayor Smith presiding and all Members of the Council in attendance.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt,
and Mayor Smith ............................................................................................. -7.
NAYS: None ......................................................................................... 0.
OATHS OF OFFICE-COMMITTEES- PERSONNEL DEPARTMENT: The Mayor
advised that there is a vacancy on the Personnel and Employment Practices
Commission, for a term of office ending June 30, 2005, and called for nominations
to fill the vacancy.
192 -
Ms. Wyatt placed in nomination the name of Alma L. Lee.
There being no further nominations, Ms. Lee was appointed as a member of
the Personnel and Employment Practices Commission, for a term ending June 30,
2005, by the following vote:
FOR MS. LEE: Council Members Bestpitch, Carder, Cutler, Dowe, Harris,
Wyatt, and Mayor Smith ........................................................................ 7.
OATHS OF OFFICE-COMMITTEES-ROANOKE CiViC CENTER: The Mayor
advised that there is a vacancy on the Roanoke Civic Center Commission, for a term
of office ending September 30, 2005, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Monica S. Prince.
There being no further nominations, Ms. Prince was appointed as a member
of the Roanoke Civic Center Commission, for a term ending September 30, 2005, by
the following vote:
FOR MS. PRINCE: Council Members Bestpitch, Carder, Cutler, Dowe, Harris,
Wyatt, and Mayor Smith .................................................................... 7.
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor called attention to
vacancies on the Youth Services Citizen Board, created by the resignations of
Jonathan Katz, John Lewis, and Duriel M. Wood, and called for nominations to fill
the vacancies.
Ms. Wyatt placed in nomination the name of Amy R. Barger to fill the
unexpired term of Jonathan Katz, ending May 31,2004; Marissa Bannister to fill the
unexpired term of John Lewis, ending May 31, 2003; and Ashley Johnson, to fill the
unexpired term of Duriel M. Wood, ending May 31, 2003.
There being no further nominations, Ms. Barger was appointed for a term
ending May 31,2004, and Ms. Bannister and Ms. Johnson were appointed for terms
ending May 31, 2003, as members of the Youth Services Citizen Board, by the
following vote:
FOR MS. BARGER, MS. BANNISTER AND MS. JOHNSON: Council Members
Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt, and Mayor Smith ..................... 7.
193
OATHS OF OFFICE-COMMITTEES-TRANSPORTATION SAFETY-TRAFFIC: The
Mayor called attention to vacancies on the City of Roanoke Transportation Safety
Commission, created by expiration of the terms of office of John W. Brown, Jr.,
Kenneth King, Christopher Perkins and David Prince on October 31,2002, and called
for nominations to fill the vacancies.
Mr. Carder placed in nomination the names of John W. Brown, W. Kenneth
King, and Rick Clark.
There being no further nominations, Messrs Brown and King were reappointed
and Mr. Clark was appointed as members of the City of Roanoke Transportation
Safety Commission, for terms ending October 31, 2006, by the following vote:
FOR MESSRS. BROWN, KING AND CLARK: Council Members Bestpitch,
Carder, Cutler, Dowe, Harris, Wyatt, and Mayor Smith ........................................ 7.
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised
that there is a vacancy on the Fair Housing Board created by the resignation of
Robert J. Sparrow, for a term of office ending March 31, 2003, and called for
nominations to fill the vacancy.
Mr. Bestpitch placed in nomination the name of Tuan Reynolds.
There being no further nominations, Mr. Reynolds was appointed as a member
of the Fair Housing Board, for a term ending March 31,2003, by the following vote:
FOR MR. REYNOLDS: Council Members Bestpitch, Carder, Cutler, Dowe,
Harris, Wyatt, and Mayor Smith ...................................................................... 7.
At 1:55 p.m., the Mayor declared the meeting in recess to be reconvened at
2:00 p.m. in the Council Chamber, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke.
At 2:00 p.m., on Monday, November 4, 2002, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the
following Council Members in attendance, Mayor Smith presiding.
194
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Smith ................................................................................. -7.
ABSENT: None .................
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Maurita J. Wiggins,
Pastor, Valley Community Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGMENT: The Mayor advised that some time ago,
Council Member Carder recommended that the City of Roanoke recognize those
citizens who go above and beyond the call of duty to be of service to their fellowman
and to their community, which recommendation was concurred in by the Members
of City Council. He further advised that on behalf of the Members of Council, he was
pleased to recognize five "Shining Stars" in the City of Roanoke; i.e.:
Mr. Thomas Brock who donated a mint condition 1952 antique car to
Center in the Square. Raffle tickets were sold and the winning ticket
was announced at the recently held Affair in the Square.. Mr. Brock's
generous donation was in response to severe State budget cuts that
negatively impacted the operating budget of Center in the Square.
Ms. Lillie Bryant, who is affectionately known as Ms. "Lillie" by her
admirers and supporters, and serves as a role model for others. She
gives positive information on her radio broadcast, "Manna From
Heaven"; she helps the sick and disabled and volunteers her time at the
Roanoke Rescue Mission.
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Ms. Barbara N. Duerk, who has been an active supporter of the City of
Roanoke for many years; a devoted champion of Roanoke's
neighborhoods, having served eight years on the City Planning
Commission, and a staunch supporter of Roanoke's greenways. Her
concerns for quality of life issues extend to the State level where she
has served in various capacities.
Mrs. A. C. Johnson, who, prior to retiring, served as Manager of Lincoln
Terrace. She has displayed a caring attitude and friendliness toward
all residents of the Lincoln Terrace housing complex. She offers a
helping hand to those in need and exemplifies the best in giving and
moving the City forward as a community.
Mr. Edward Walker, who was highly instrumental in extraordinary and
successful efforts to save and renovate Roanoke's Grandin Theatre.
His contributions to the entire Roanoke community will be long
remembered in saving the Grandin Theatre as a landmark and the hub
for artistic films.
The Mayor presented each recipient with a "Shining Star" award.
PROCLAMATIONS-RECYCLING: The Mayor presented a proclamation
declaring Friday, November 15, 2002, as America Recycles Day.
CONSENTAGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
MINUTES: Minutes of the regular meeting of City Council held on Monday,
September 16, 2002, and recessed until Wednesday, September 18, 2002, were
before the body.
Mr. Carder moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Cutler and
adopted by the following vote:
196
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt,
and Mayor Smith ....................................................... 7.
NAYS: None ...................................................................................... -0.
AUDIT COMMITTEE: Minutes of a meeting of the City of Roanoke Audit
Committee which was held on Tuesday, October 15, 2002, were before the body.
The following matters were considered by the Audit Committee.
INTERNAL AUDIT REPORTS:
Data Mining
Sheriff Canteen and Jail Inmate Fund
Police Department Cash Funds
Civic Center
Audit Findings Follow- Up
UNFINISHED BUSINESS:
Retirement Audit Report-Update from Director of Finance
Mr. Carder moved that the Minutes be received and filed. The motion was
seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt,
and Mayor Smith ........................................................... 7.
NAYS: None ........................................................................................ -0.
TAXES: A communication from the Honorable Clifford R. Weckstein, Judge,
Twenty-Third Judicial Circuit of Virginia, transmitting the 2002 Report of the Board
of Equalization, was before Council.
Judge Weckstein transmitted the original Report of the Board of Equalization
for the taxable year July 1, 2002 to June 30, 2003, in which it was noted that the
Board of Equalization considered 62 appeals (38 residential and 24 commercial and
industrial), 18 fewer than were heard last year.
197
It was advised that the Board of Equalization unanimously requested and
recommended that the Board's access to computer service continue, and that futu re
Equalization Boards continue to have separate office space from that occupied by
the Office of Real Estate Valuation.
It was further advised that Members of the Board of Equalization are appointed
annually; the term for which they serve is limited by the order of appointment and
by the statute and ordinance under which they are appointed (the law permits their
terms to be extended); and the Director of Real Estate Valuation has discussed with
the Board of Equalization and with Judge Weckstein the idea that the Board might
be more immediately responsive to the needs of citizens if Board of Equalization
members were appointed for longer terms, which would enable the Board to
convene at any time. Judge Weckstein noted that it is the unanimous opinion of the
Judges of the Circuit Court that the proposal is not a judicial question, therefore, he
passed the question on to Council without judicial comment.
Mr. Carder moved that the communication and report be received and filed.
The motion was seconded by Mr. Cutler and adopted by the following vote.
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt,
and Mayor Smith ..................................................................................... -7.
NAYS: None ......................................................................................... 0.
OATHS OF OFFICE-COMMITTEES-ROANOKE
ARCHITECTURAL REVIEW BOARD-INDUSTRIES: The
qualification were before Council:
ARTS COMMISSION-
following reports of
Stark H. Jones as a Director of the Industrial Development
Authority of the City of Roanoke, for a term ending October 20,
2006.
Betty Branch as a member of the Roanoke Arts Commission, for
a term ending June 30, 2005; and
Robert B. Manetta as a member of the Architectural Review
Board, for a term ending October 1, 2006.
Mr. Carder moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Cutler and adopted by the following vote:
198 -
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt,
and Mayor Smith ............................................................................... 7.
NAYS: None ......................................................................................... 0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE
PETITIONS AND COMMUNICATIONS: NONE
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE
ITEMS RECOMMENDED FOR ACTION:
PURCHASE/SALE OF PROPERTY-SEWERS AND STORM DRAINS: The City
Manager submitted a communication advising that the homeowner at 2412 Florida
Avenue, N. W., has experienced drainage problems with an undersized storm drain
system for the past 40 years; in the past year, an adjoining church has extended the
public storm drain close enough to Florida Avenue that City forces can now extend
a new storm drain for the remaining distance to the problem area on Florida Avenue;
and construction of the storm drainage project will require acquisition of drainage
easements.
It was further advised that authorization is needed to move forward with
procurement of title work and document preparation related to acquisition of the
necessary property rights; it is anticipated that the necessary property rights will be
donated; and funding of $3,000.00 for expenses related to property acquisition is
available in Capital Project Account No. 008-530-9734-9050, Miscellaneous Storm
Drains Part 2.
The City Manager recommended that she be authorized to acquire ail
necessary property rights, said property rights may be acquired following a
satisfactory environmental site inspection by negotiation or eminent domain, and
may include fee simple, permanent easements, temporary construction easements,
rights-of-way, licenses or permits, etc.
199
Mr. Carder offered the following ordinance:
(#36112-110402) AN ORDINANCE providing for the acceptance of certain
property rights needed by the City for the Florida Avenue Drainage Project, setting
a limit on the consideration to be offered by the City; providing for the City's
acquisition of such property rights; and dispensing with the second reading of this
ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 66, page 486.)
Mr. Carder moved the adoption of Ordinance No. 36112 -110402. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt,
and Mayor Smith ............................................................................................. -7.
NAYS: None ......................................................................................... 0.
Council Member Bestpitch inquired if there are other locations in this area of
the City of Roanoke that are experiencing storm drainage problems.
· CONSULTANTS REPORTS-WATER RESOURCES: The City Managersubmitted
a communication advising that in response to the attacks of September 11,2001, the
United States Environmental Protection Agency (EPA) received a supplemental
appropriation from Congress to improve the safety and security of the nation's water
supplies; grant money from EPA was made available for large systems that serve
populations over 100,000, such as is the case with the City of Roanoke's water
system; and in December, 2001, the U. S. House of Representatives passed
legislation that will require all water utilities serving over 3,300 people to complete
vulnerability assessments of their potable water systems.
It was further advised that in April 2002, the Water Division applied for a
$115,000.00 grant from EPAto be used bythe CityWater Division in accordance with
EPA req uirements/guidelines to develop a vulnerability assessment (VA), emergency
response/operating plan (EOP), security enhancement and design, or a combination
of these efforts; Randall Funding and Development, the grant writing firm under
contract with the City, assisted in the preparation of grant application materials,
which assistance is offered to the City of Roanoke for 100 percent of all approved
costs incurred up to, but not exceeding $115,000.00, and the City is under no
obligation to provide matching funds; and on June 17, 2002, the City received
notification from the Environmental Protection Agency that the $115,000.00 grant
application was approved and Council accepted the grant and appropriated funds
on August 5, 2002.
200
It was noted that on August 26, 2002, after proper advertisement, proposals
for the above work were received from 11 engineering firms; three firms were short
listed and interviewed; the firm of Tectonic Engineering Consultants P.C., was
selected; and City staff has negotiated an acceptable agreement for the above
referenced work in the form of a lump sum fee of $89,500.00.
The City Manager recommended that Council accept the proposal of Tectonic
Engineering Consultants P.C., in the amount of $89,500.00, and that the City Manager
be authorized to enter into a contract to be approved as to form by the City Attorney.
Mr. Carder offered the following resolution:
(#36113-110402) A RESOLUTION authoring a contract with Tectonic
Engineering Consultants P. C. for the development of a vulnerability assessment,
emergency response/operating plan, security enhancements and design or a
combination of all of these items for the City of Roanoke's water system.
(For full text of Resolution, see Resolution Book No. 66, page 487.)
Mr. Carder moved the adoption of Resolution No. 36113.110402. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt,
and Mayor Smith ............................................................ 7.
NAYS: None ....................................................................................... 0.
BUDGET-HOUSING/AUTHORITY-COMMUNITY PLANNING-GRANTS: The City
Manager submitted a communication advising that as part of its ongoing efforts to
improve public housing at the Lincoln Terrace Development, the City of Roanoke
Redevelopment and Housing Authority (RRHA) applied for and was awarded a $15.1
million HOPE VI Revitalization Grant from the U. S. Department of Housing and
Urban Development ("HUD"); in support of the Housing Authority HOPE VI
application, the City committed to provide up to $3 million in financial assistance
from Federal and local funding sources for (1) infrastructure costs ($2.1 million) of
the Lincoln 20001HOPE VI Project and (2) housing rehabilitation and construction
funding ($900,000.00) in the Washington Park neighborhood ($900,000.00 for
housing assistance is being handled through separate agreements with the Housing
Authority); infrastructure funding to be provided by the City will support
improvements in public rights-of-way and publicly dedicated easements, including,
but not limited to, construction and reconstruction of streets, curbs, gutters and
sidewalks and water and sewer utilities; improvements are described in detail in the
201
Comprehensive Development Plans approved by the City and incorporated by
reference into the Agreement; pursuant to Budget Ordinance No. 35262-040201 and
Resolution No. 35263-040201, Council approved execution of the original Agreement
dated July 1, 2000, providing $600,000.00 from Federal and local funding sources;
and Amendment No. 1 extended the Agreement period from September 30, 2001, to
December 30, 2001, Amendment No. 2 extended the Agreement period to June 30,
2003, and increased funding by $750,000.00 for additional infrastructure
improvements in the project area, for a total of $1.35 million allocated to the project
under the Agreement.
It was further advised that the City will provide the Roanoke Redevelopment
and Housing Authority with a total of $2.1 million for infrastructure improvements
in three yearly installments, $600,000.00, $750,000.00, and $750,000.00; of the third
installment of $750,000.00, Council authorized the appropriation of $100,000.00 of
General Funds and $295,000.00 of CDBG funds in fiscal year 2002; a third
amendment to the Agreement with the Housing Authority is necessary in order to
provide additional funding for the Housing Authority to continue the infrastructure
improvements associated with the Lincoln 2000 project, which allocation will fulfill
the City's financial commitment to the Housing Authority in support of infrastructure
improvements associated with the Lincoln 2000 project; and the remaining
$355,000.00 is to be appropriated as follows:
Source Account Name Amount
Sewer Fund
Retained earnings
$ 266,000.00
Water Fund Retained earnings $ 89,000.00
The City Manager recommended that she be authorized to execute
Amendment No. 3 to the 2000-01 CDBG Agreement with the Roanoke Redevelopment
and Housing Authority; appropriate funding in the amount of $266,000.00 from the
Sewer Fund retained earnings and $89,000.00 from the Water Fund retained earnings
to accounts in each respective fund entitled, "Lincoln 2000/HOPE VI Infrastructure".
Mr. Carder offered the following budget ordinance:
(#36114-110402) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Water and Water Pollution Control Funds Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 487.)
Mr. Carder moved the adoption of Ordinance No. 36114-110402. The motion
was seconded by Mr. Cutler and adopted by the following vote:
202
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt,
and Mayor Smith ............................................................. -7.
NAYS: None ...................................................................................... 0.
Mr. Carder offered the following resolution:
(#36115-110402) A RESOLUTION authorizing the appropriate City officials to
execute Amendment No. 3 to the 2000-2001 Community Development Block Grant
Funding Administration Agreement with the Roanoke Redevelopment and Housing
Authority, providing the necessary funding to continue the infra, st.r. ucture
improvements associated with the Lincoln 20001HOPE VI Community Revltal,zation
Program Project.
(For full text of Resolution, see Resolution Book No. 66, page 489.)
Mr. Carder moved the adoption of Resolution No. 36115-110402. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt,
and Mayor Smith ............................................................. 7.
NAYS: None ......................................................................................... 0.
POLICE DEPARTMENT-TRAFFIC-BUDGET-GRANTS: The City Manager
submitted a communication advising that the Virginia Department of Motor Vehicles
(DMV) is the administering agency for pass through funds provided by the United
States Department of Transportation for highway safety projects in Virginia; and the
DMV offers the funds to successful applicants for activities which improve highway
safety in Virginia.
It was further advised that in October 2002, the DMV awarded the Roanoke
Police Department with $15,000.00 to be used for overtime and related FICA
expenditures associated with conducting selective enforcement activities which
target Driving Under the influence (DUI), speeding, and motor vehicle occupant
safety; and this is the seventh year that the City of Roanoke has received funds
under the program.
It was explained that there is a statistically proven proportional correlation
between levels of motor vehicle law enforcement and traffic accidents in the City of
Roanoke; historically, speed and alcohol are factors in 17 per cent of Roanoke's
motor vehicle accidents; and the program allows police officers to concentrate on
alcohol impaired drivers and speeders at those times when such violations are most
likely to occur.
203
The City Manager recommended that Council establish a revenue estimate and
appropriate $15,000.00 to Grant Fund accounts to be established by the Director of
Finance; and that the City Manager be authorized to execute any required
documents.
Mr. Carder offered the following budget ordinance:
(#36116-110402) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 490.)
Mr. Carder moved the adoption of Ordinance No. 36116-110402. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt,
and Mayor Smith ............................................................................................. 7.
NAYS: None ......................................................................................... 0.
Mr. Harris offered the following resolution:
(#36117-110402) A RESOLUTION accepting the Driving Under the Influence
Enforcement Grant offer made to the City by the Commonwealth of Virginia's
Department of Motor Vehicles and authorizing execution of any required
documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 66, page 491.)
Mr. Harris moved the adoption of Resolution No. 36117-110402. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt,
and Mayor Smith ........................................................................................... -7.
NAYS: None ......................................................................................... 0.
CITY CODE-PARKS AND RECREATION-WEED ABATEMENT PROGRAM: The
City Manager submitted a communication advising that as authorized by State law,
Council enacted a Weed Abatement Ordinance under Section 33-19 of the Code of
the City of Roanoke (1979), as amended; the Weed Abatement Ordinance allows the
City to inspect for weeds violations on private property; and a property is in violation
of the ordinance if weeds or grass are 14 inches or higher, and violators are given
ten days to comply with provisions of the ordinance.
204
It was further advised that the current Weed Abatement Ordinance requires
that weeds or grass be at least 14 inches tall in order to be in violation; after initial
inspection, the property owner is notified via certified mail to abate the violation
within ten days following the mailing of the notice; if the property owner fails to
comply within the ten-day period, the case is then turned over to a contractor who
mows the property within five days; however, code enforcement records of the
Department of Housing and Neighborhood Services indicate that generally by the
time the overgrown property is inspected and mowed by the contractor, the weeds
or grass has grown to nearly 20 inches high.
The City Manager recommended that Council adopt an ordinance amending
Section 33-19 of the Code of the City of Roanoke, 1979, as amended, to reduce the
height limit for weeds from 14 to ten inches, and the compliance timeframe from ten
to seven days following mailing of the notice; and to issue one notice for similar
violations during the period of April 1 until November 1 of the year in which the
notice was sent (enabling legislation authorizing the latter provision was authorized
by the General Assembly in 2001 at the request of the City); and the proposed
amendment is a part of the City's efforts to enhance its code enforcement response
time and to improve overall quality of life in residential neighborhoods.
Mr. Harris offered the following ordinance:
(#36118-110402) AN ORDINANCE amending and reordaining subsection (g)
of §33-17, Definitions; subsections (a), (b) and (d) of §33-20, Notice of removal of
weeds: r~reabatement hearinu; and subsection (a) of §33-21, Abatement of Public
nuisance, of Chapter 33, Ve_uetation, of the Code of the City of Roanoke (1979), as
amended, to amend the definition of weed or weeds, and to amend the numbers of
days allowed for abatement of a public nuisance; and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 492.)
Mr. Harris moved the adoption of Ordinance No. 36118-110402. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt,
and Mayor Smith ................................................. -7.
NAYS: None ......................................................................................... 0.
CITY MARKET-CONSULTANTS REPORTS: The City Manager submitted a
communication advising that the City currently leases the City Market Building at 32
Market Square to Downtown Associates, LP; Downtown Associates has notified the
205
City that it will not exercise options to renew the current agreement; therefore,
Downtown Associates will vacate the facility on December 31, 2002; with approval
by Council, the City advertised a Request For Proposal for"Operational Management
for the historic City Market Building" on August 9, 2002; three proposals were
received in response to the request and City staff reviewed each proposal and heard
oral presentations from each firm.
It was further advised that as the RFPs were being reviewed, new information
about the Market Building and its current conditions and operations was discovered
and as staff continued to research the matter, better information regarding the
management approach for similar facilities was identified.
It was explained that the Market Building is a focal point in the downtown
area; therefore, it is extremely important that the management company hired be the
best company to provide the services needed for management of the facility; all
proposals which were received attempted to address all points contained in the RFP,
however, as new information has become available, it is extremely important to
receive proposals that respond to the new information and provide the Citywith the
opportunity to make the most informed decision based on the firm that can best
meet the complete needs of the facility.
The City Manager recommended that Council reject all proposals and
authorize the City Manager to revise the RFP and re-advertise for proposals for a
management companyto operate the Market Building based on information received
to date.
Mr. Carder offered the following resolution:
(#36119-110402) A RESOLUTION rejecting all bids in response to the Request
for Proposal for the operational management of the historic City Market Building.
(For full text of Resolution, see Resolution Book No. 66, page 495.)
Mr. Carder moved the adoption of Resolution No. 36119-110402. The motion
was seconded by Mr. Dowe.
There was discussion in regard to the status of the heating and cooling
system in the City Market Building; the HVAC system in Center In The Square, which
is in need of attention; the HVAC system in the proposed new art museum to be
constructed behind Billy's Ritz; the feasibility of combining the utility systems
serving all three buildings; and the question of whether or not the City is reviewing
cutting edge technologies as a cost saving measure. The City Manager advised that
206
the possibility of combining the HVAC systems for the three buildings has been
brought to the City's attention and the matter is currently under discussion by
engineers engaged in the project. She called attention to a temporary air
conditioning solution that was installed by the current managers of the City Market
Building, which is currently supplying adequate cooling on a temporary basis; the
City has identified the need for a total rework of and improvements to the system,
which will be an expensive replacement item that has not been submitted as a
CMERP item, and a recommendation will be submitted to Council in the near future.
Council Member Carder called attention to a recent meeting in which the
feasibility of an HVAC power plant for the three operations was discussed as a
possible referral to American Electric Power for response.
Resolution No. 36119-110402 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris,. Wyatt,
and MayorSmith ............................................. -7.
NAYS: None ......................................................................................... 0.
POLICE DEPARTMENT-CITY INFORMATION SYSTEMS: The City Manager
submitted a communication advising that in order to effectively take advantage of
the Panasonic CF28 Mobile Computer Terminals (MCTs) which are in use in all 55
Police patrol vehicles and to streamline Police Department operations, the City of
Roanoke solicited proposals from qualified vendors to provide software and
services for the following:
Virginia State Certified Incident Based --Reporting software to be
run on Panasonic CF-28 computers in the City's Police Patrol
vehicles.
Develop or assist in the development of both front and backend
interfaces to the IBR client application.
Assist in implementation of the system and create utilities that
further the functionality of the system.
It was further advised that although Incident Based Reporting (IBR) as a whole
requires far more data entry and takes much longer to complete than the previous
police-reporting standard, Uniform Crime Reporting (UCR) in 1999, itwas mandated
that all Police Departments within the Commonwealth of Virginia must transition to
Incident Based Reporting; the IBR standard is in compliance with national standards
207
for crime reporting and categorization; the City of Roanoke Police Department
estimates that there are 80 IBR (Incident Based Reports) arrests per day and that a
single IBR report can take up to 45 minutes to complete; it is the goal of the City's
Police Department to employ MCTs to increase Police Department and Patrol Officer
efficiency; by enabling Patrol Officers to enter and validate reports directly on the
MCT, redundant data entry is eliminated and information is entered into Police
Records Systems in a more timely manner; the improved process offers greater
benefits, including vastly improved crime analysis capacity and the availability of
information to citizens, the City of Roanoke Police Department, and the media;
evaluation of current practices, processes and objectives were set forth by members
of the Police Department and the Department of Technology; and software vendors
who were Virginia IBR Certified were invited to submit proposals in response to the
RFP, which was released on March 1,2002, and bids were opened on April 1,2002.
It was further advised that three proposals were received and evaluated in a
consistent manner; however, not all proposals met City specifications as described
in the RFP; a team consisting of members of the City's Police Department and the
Department of Technology evaluated proposals; evaluation of proposals,
demonstrations of products, and site visits were performed; Southern Software,
Inc., was determined to best meet the requirements of the City's Police Department
and submitted the lowest priced proposal in the amount of $83,595.00; funding for
the project is available in Account No. 035-640-3410-9067, Records System
Improvement Grant; police records improvement is relevant to and in compliance
with the Police Records System Improvement Grant that the City of Roanoke was
awarded by the Virginia Department of Criminal Justice Services; acceptance of the
grant was approved by Council on January 22, 2002; and as part of the grant
appropriation, $41,350.00 was transferred from the Department of Technology
Contingency Account and $124,050.00 of State funding was appropriated into
Account No. 035-640-3410-9067.
The City Manager recommended that she be authorized to enter into a contract
with Southern Software Inc., such contract to be approved as to form by the City
Attorney, for Mobile IBR, in the amount of $83,595.00.
Mr. Dowe offered the following resolution:
(#36120-110402) A RESOLUTION accepting the proposal of Southern Software,
Inc., to provide incident based reporting software and services for the City of
Roanoke's Police Department, upon certain terms and conditions; authorizing the
proper City officials to execute the requisite contract for same; and rejecting all
other proposals made to the City.
(For full text of Resolution, see Resolution Book No. 66, page 495.)
208 -
Mr. Dowe moved the adoption of Resolution No. 36120-110402. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt,
and Mayor Smith ............................................................. -7.
NAYS: None ..................................................................................... 0.
POLICE DEPARTMENT-FIRE DEPARTMENT-CITY INFORMATION SYSTEMS:
The City Manager submitted a communication advising that in September, 1999, the
City implemented Printrak's Computer Aided Dispatch (CAD) system due to
technological advancements over what was the current CAD and also as a direct
impact of the noted 'Y2K bug'; the City is utilizing Printrak's Premier CAD version
6.1.1, which is several releases behind the current version 6.5; the City of Roanoke
should migrate to the current version in order to be compliant with State mandates
regarding the handling of E-911 calls originating from wireless phones; and other
benefits include efficiency of operations such as server consolidation and improved
Police and Fire Dispatch functionality.
It was further advised that the CAD system represents the functional
origination of E-911 calls for service and is a vital component in providing public
safety services to citizens and visitors to the City of Roanoke; it is critical that the
City remain on a current version of the software in order to continue to receive
support as offered by the software vendor, Printrak International; the Director of
General Services has determined that Printrak International has developed and
licensed the software, thus, Printrak International is the only source practicably
available for the upgrade, at a cost of $129,966.00; and funding is available in
Account No. 013-430-1601-2147, having previously been allocated to the City of
Roanoke by the State Wireless Board and designated specifically for implementation
of the Phase II wireless upgrade.
The City Manager recommended that Council determine that Printrak
International is the only source practically available to provide the software and that
the City Manager be authorized to enter into a contract with Printrak International for
upgrade of the City's Computer Aided Dispatch application, in the amount of
$129,966.00, said contract to be approved as to form by the City Attorney.
Mr. Carder offered the following resolution:
209
(#36121-110402) A RESOLUTION authorizing a contract with Printrak
International for the upgrade of the City's Computer Aided Dispatch (CAD)
Application System and concurring with the determination of the Director of General
Services that such firm is the only source practicably available to perform Such
work.
(For full text of Resolution, see Resolution Book No. 66, page 496.)
Mr. Carder moved the adoption of Resolution No. 36121-110402. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt,
and Mayor Smith ....................................................................................... -7.
NAYS: None ......................................................................................... 0.
PURCHASE/SALE OF PROPERTY- CITY MANAGER-CITY COUNCIL: The City
Manager submitted an oral request that Council convene in a closed session to
discuss a matter with regard to acquisition of property where discussion in open
session would adversely affect the bargaining position of the City of Roanoke,
pursuant to Section 2.2-3711 (A)(3), Code of Virginia, (1950) as amended.
Mr. Bestpitch moved that Council concur in the request of the City Manager
to convene in Closed Session to discuss a matter with regard to acquisition of
property where discussion in open session would adversely affect the bargaining
position of the City of Roanoke, pursuant to Section 2.2-3711 (A)(3), Code of Virginia,
(1950) as amended. The motion was seconded by Mr. Carder and adopted by the
following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt,
and Mayor Smith ............................................................................................. -7.
NAYS: None ......................................................................................... 0.
DIRECTOR OF FINANCE:
AU DITS/FINANCIAL REPORTS: The Director of Finance submitted the financial
report for the City of Roanoke for the month of September, 2002.
210 -
Without objection by Council, the Mayor advised that the financial report
would be received and filed.
REPORTS OF COMMITFEES:
BONDS/BOND ISSUES-INDUSTRIES: A communication from Samuel F.
Vance, IV, Attorney, representing the Industrial Development Authority of the City of
Roanoke, requesting adoption of a measure approving issuance of up to
$26,500,000.00 in Revenue Bonds of the Industrial Development Authority of the City
of Roanoke to finance or refinance all or a portion of the Authority's $22,875,000.00
Residential Care Facility Mortgage Revenue Refunding Bonds (Virginia Lutheran
Homes), Series 1997; amounts required to fund a debt service reserve fund and pay
costs of issuance and other expenses in connection with the issuance of the bonds;
and the financing or the refinancing of approximately $3,500,000.00 for the recent
acquisition and current renovation of a nursing home facility located at 3837
Brandon Avenue, S. W., was before Council.
Mr. Carder offered the following resolution:
(#36122-110402) A RESOLUTION approving the issuance of up to
$26,500,000.00 in Revenue Bonds of the Industrial Development Authority of the City
of Roanoke, Virginia (the "Authority") to finance or refinance (1) all or a portion of
the Authority's $22,875,000.00 Residential Care Facility Mortgage Revenue
Refunding Bonds (Virginia Lutheran Homes), Series 1997, (2) amounts required to
fund a debt service reserve fund and pay costs of issuance and other expenses in
connection with the issuance of the Bonds, (3) the financing or the refinancing of
approximately $3,500,000.00 for the recent acquisition and current renovation of a
nursing home facility located at 3837 Brandon Avenue, Roanoke, Virginia 24018.
(For full text of Resolution, see Resolution Book No. 66, page 497.)
Mr. Carder moved the adoption of Resolution No. 36122-110402. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt,
and Mayor Smite .................................................... -7.
NAYS: None ......................................................................................... 0.
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UNFINISHED BUSINESS:
CITY CODE-ZONING: Council at its meeting on Monday, October 15, 2002,
having tabled action on an ordinance providing standards for a new dwelling, new
accessory building or expansion of an existing dwelling in the ND District;
establishing the depth of front yards; and to provide parking in the ND District,
Mr. Carder moved that the ordinance be removed from the table. The motion was
seconded by Mr. Cutler and unanimously adopted.
Mr. Bestpitch offered the following ordinance:
(#36123-110402) AN ORDINANCE amending and reordaining §36.1-393,
Standards for new construction, of Subdivision G, ND, Neicjhborhood Desitin
District, of Division 5, Special District Re~lulations, of Article III, District Requlations;
amending §36.1-403, Front yard requirements for infill developments, of Division 1,
Generally, of Article IV, Sur~olementary Recjulations; and amending and reordaining
subsection (c) of §36.'1-428, General standards of Division 2, Off -Street Parkinq and
Loadincj Requirements, of Article IV, Suoolementary Recjulations, of the Code of the
City of Roanoke (1979), as amended, to provide standards for a new dwelling, new
accessory building or expansion of an existing dwelling in the ND district;
establishing the depth of front yards; and to provide parking in the ND district; and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 499.)
Mr. Bestpitch moved the adoption of Ordinance No. 36123-110402. The motion
was seconded by Mr. Carder.
Mr. Joseph Miller, 2812 Longview Avenue, S. W., spoke in opposition to the
proposed Neighborhood Design District guidelines, citing the issue of affordability.
He stated that architectural aspects of the guidelines make it difficult in the 11
identified neighborhoods to construct new residential housing or additions to
existing residential housing and still meet requirements of the guidelines. He
expressed concern that there may not be any more new construction in the affected
neighborhoods, and advised that new housing should be affordable to all citizens,
no matter which neighborhood they choose to live in. He stated that if new housing
is constructed, it will be built in what is referred to as a "Hollywood set", where the
facades are constructed per the City's guidelines and the remainder of the structure
will suffer due to the expense of building the facade. He called attention to existing
housing in the neighborhoods that would not meet the ND guidelines as presently
proposed.
212
Carl D. Cooper, 2001 Angus Road, N. W., Chair, Roanoke Neighborhood
Partnership Steering Committee, advised that the Steering Committee supports the
Neighborhood Design (ND) District ordinance and adoption of a Neighborhood
Design District overlay for properties located within the Melrose/Rugby
neighborhood. He also spoke in support of the guidelines inasmuch as Vision 2001 -
2020 supports implementation of the ND District, and called attention to the Design
chapter of the Vision 2001-2020 document which establishes design principles for
traditional neighborhoods and downtown neighborhoods. He stated that the
Neighborhood Design District is an overlay that complements current zoning; the
goal of the ND District is to retain the character of the neighborhood and to reflect
the standards of existing homes and new and rebuilt homes, and not to make
construction projects more difficult or costly, but in the long run, property values will
be increased and those neighborhoods that adhere to the guidelines will be more
aesthetically pleasing. He explained that the ND District is not a City-wide
ordinance, but the ordinance can be applied to those neighborhoods that establish
their own neighborhood design guidelines, which will ensure that new and rehab
construction is compatible with existing housing in the neighborhood. He added
that rehabilitation and infill projects will be considered on a case by case basis, and
spoke in support of adoption of the ND District overlay for properties located within
the Melrose/Rugby neighborhood because the Melrose/Rugby Neighborhood Plan
was adopted by Council as a part of the Comprehensive Plan on June 18, 2001, and
the Neighborhood Plan recommends that the City create a Neighborhood Design
overlay zoning throughout the neighborhood. He added that the design of infill
housing is identified in the Neighborhood Plan as the top concern of residents and
implementation of the ND District was a high priority of residents. He stated that
Melrose/Rugby residents believe that compatible infill design is essential to
maintaining property values, to attracting new residents and to encouraging long
term neighborhood revitalization. He advised that both ordinances substantially
embrace the Vision 2001-2020 Comprehensive Plan and allow citizens to participate
in government and self-determine the future look and feel of their neighborhoods.
Mr. John Langan, 4515 Belford Street, S. W., advised that as a citizen of the
City of Roanoke, he is concerned about the viability of Roanoke's neighborhoods
and their impact on the City as a whole. Likewise, he stated that as a businessman
in the City of Roanoke, he is concerned about the economic opportunities available
for new home construction within the City. He presented a floor plan, typical of
housing within the Melrose/Rugby neighborhood, which demonstrates that as a
private builder, he would be unable to construct homes under the proposed
guidelines and make a profit. He proposed that the blanket design standards be
tabled and reviewed by neighborhoods on a specific case by case basis, which will
provide more flexibility to design versus cost, while enabling economically priced
new housing in the neighborhood.
213
Ms. Estelle H. McCadden, 2128 Mercer Avenue, N. W., advised that she is not
a neighborhood activist, but a neighborhood advocate. She stated that new housing
must be constructed pursuant to City Code standards, and requested that the word
"guidelines" for the ND overlay be changed to "standards". She explained that not
all established neighborhoods are in the business of constructing houses as is the
Loudon/Northwest Neighborhood Environmental Organization, and housing
standards and designs in those neighborhoods are completely different from the
homes in the Melrose/Rugby neighborhood. She spoke in support of and requested
that Council approve the two Neighborhood Design District ordinances.
Council Member Bestpitch advised that it appears that the developers and
home builders who are concerned about the issue are not constructing homes in the
affected neighborhoods at the present time. He stated that there are developers
who are interested in developing property within the ND district guidelines who
believe that the properties they develop will be protected and will not be threatened
by incompatible housing. He added that he would prefer that local home builders
and developers adopt that approach and take advantage of existing housing
opportunities. He spoke in support of adoption of the ND district guidelines by
Council.
Vice-Mayor Harris advised that he supports the Neighborhood Design District
ordinance, which is consistent with the City's Comprehensive Plan and the
Melrose/Rugby Neighborhood Plan, and which guided the City Planning
Commission's discussion of the matter and should also guide Council's discussion
of the matter as well. Secondly, he stated that it is compelling to note the
incompatibility of recent infill housing in the particular neighborhoods under
discussion which leads to the impression that to continue to do nothing will
continue what is a very inconsistent architectural pattern in some of the
neighborhoods; and the incompatibility of more recent housing in some of the older
neighborhoods is compelling. Thirdly, he stated that Council has discussed, in a
variety of settings and on a number of occasions and issues, how the Council can
truly manage the future of Roanoke's neighborhoods and the NDD is both the City
Administration's effort, as well as the Council's effort, to try and begin to better
manage what Roanoke's neighborhoods will look like and be like, while not leaving
that future up to chance. Fourthly, he added that he is struck by the inconsistency
in the argument against the NDD, when in the wealthy subdivisions in Roanoke
County, there are covenants for the sole purpose of maintaining the architectural
integrity and the housing quality of those neighborhoods. He added that covenants
and guidelines are not technically and legally the same, but he would suggest that
the NDD has the same spirit in which the City is trying to manage, create and sustain
its neighborhoods in much the same way as the wealthier neighborhoods in
Roanoke County through covenants. Finally, he explained that the NDD proposal is
214
not to be administered City-wide; the City is attempting to do something new and
taking a risk, and if approved by Council, a pilot of the NDD will be created in the
Melrose/Rugby neighborhood. He noted that if necessary, the guidelines can be
amended and/or altered based on input by the neighborhood and builders if the
guidelines do not have the desired effect. For the above referenced reasons, he
advised that he will lend his support to both ordinances.
Council Member Carder concurred in the remarks of Vice-Mayor Harris. He
advised that the Comprehensive Plan was a process that included home builders
and from the process it was concluded that the Neighborhood Design District was
needed. He called attention to ND Districts throughout the country that have been
greeted with skepticism among various organizations, neighborhoods, and persons
living in those neighborhoods; however, NDD standards have been successful in
preserving the historic nature of the neighborhoods and in increasing property
values. He stated that the wisdom that went into the City's Comprehensive Plan said
that ND Districts in themselves have value, and called attention to persons who
moved into Old Southwest Roanoke because of the design standards, and the value
in the idea that a house cannot be constructed that is totally out of character with
the remainder of the neighborhood. He stated that in comparison with other areas
of the country, Roanoke's design standards are very benign. He noted that the
Melrose/Rugby neighborhood will serve as a pilot project, there will be room for
negotiation, and it is hoped that realtors and home builders will work with the City
throughout the process. He advised that in July 2001, Council established certain
objectives and goals at its planning retreat, one of which was to create strong
neighborhoods, and objective number five was to protect the integrity of
neighborhood design and development standards for infill housing. He stated that
he will support the ordinance, and requested that City Planning staff and the City
Manager keep Council informed as the process proceeds.
Council Member Wyatt advised that she does not disagree with the concept
of the Neighborhood Design District guidelines, but the guidelines should be done
correctly and therein lies her quandary, because what is proposed does not address
the problem. She stated that the proposed guidelines are to the point of being so
restrictive that they will create a situation where there will be no infill housing, there
will be no remodeling of existing homes, existing homes will continue to deteriorate
and the standards will create a situation where more expensive houses cannot be
constructed in the neighborhood. She advised that she is in favor of the standards,
but there should be some assurance that the standards meet the goals of the
neighborhood and the Council, which is to protect the neighborhood and to improve
the quality of housing stock in the neighborhood. She stated that the bottom line is
to do no harm and the proposed standards do not give any assurance that the cost
of the housing stock will remain the same. For the above reasons, she advised that
she could not support the two measures before Council.
215
Council Member Cutler advised that he will vote in support of the ordinance,
thereby enforcing the position of the Melrose/Rugby neighborhood.
Council Member Dowe advised that there is much pride in the Melrose/Rugby
neighborhood and he is encouraged by the focus and direction of the neighborhood.
He stated that if necessary, the guidelines can be revisited, but the first step is the
most critical step, which Council is attempting to take with passage of the two
ordinances.
The Mayor expressed concern with regard to incompatible infill housing in the
Melrose/Rugby neighborhood which can be solved with compromise. He stated that
at the last Council meeting, Council heard from a number of reputable home builders
who stated that they cannot work within the proposed guidelines in their present
form; and Council also heard from a number of citizens who live in the
Melrose/Rugby area who are not in favor of the proposed guidelines. He advised
that the question is how to set the terrain in the City of Roanoke so that reputable
builders will want to locate and build in the neighborhoods; and the proposed
guidelines will address the alleged "match box" type house, but the bigger concern
is whether the guidelines guarantee that weeds will not continue to grow on vacant
lots, thereby creating an eye sore. Therefore, he stated that he would support a
compromise somewhere between what is proposed and what is currently in effect.
He requested that City Planning staff and the City administration prepare a
compromise proposal so that reputable builders will construct houses in these vital
neighborhoods. He stated that while he supports the concept, he will vote against
the two measures.
Ordinance No. 36123-110402 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, and Harris ........... 5.
NAYS: Council MemberWyatt and Mayor Smith ......................................... 2.
ZONING: Council at its meeting on Monday, October 15, 2002, having tabled
action on a ordinance zoning properties located within the Melrose-Rugby
neighborhood, generally bounded by Interstate 581, Lick Run and Andrews Road on
the north, Melrose and Orange Avenues on the south, Tenth Street on the east, and
Lafayette Boulevard on the west, as ND, Neighborhood Design District overlay,
Mr. Carder moved that the ordinance be removed from the table. The motion was
seconded by Mr. Cutler and unanimously adopted.
Mr. Harris offered the following ordinance:
216
(#36124-110402) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 212,213,222,223, 224, 232,234, 235,
236, 242, 243 and 245, Sectional 1976 Zone Map, City of Roanoke, to designate
certain propertywithin the City as ND, Neighborhood Design District, and dispensing
with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 66, page 506.)
Mr. Harris moved the adoption of Ordinance No. 36124-110402. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt,
and Mayor Smith ................................. 7.
NAYS: None ............................................................................. -0.
INTRODUCTION AND CONSIDERATION
RESOLUTIONS: NONE.
OF ORDINANCES AND
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
BUDGET-CITY TREASURER-HUMAN DEVELOPMENT-COMMISSIONER OF THE
REVENUE-COMMONWEALTH'S ATTORNEY-LIBRARIES-FIRST CITIES COALITION:
Council Member Bestpitch advised that on October 15, 2002, the Governor publicly
announced the first half of expenditure reductions that will be implemented to
address the structural imbalance in the Commonwealth of Virginia's budget; and the
first half of the cuts amount to almost $858 million and the City of Roanoke's share
of the first round of cuts is over $387,000.00; in addition, non-government agencies
around the Roanoke Valley are receiving substantial reductions in State aid, as has
been reported in the media since October 15 - agencies like Blue Ridge Behavioral
Healthcare, Blue Ridge Public Television, Virginia CARES, and numerous cultural
agencies like Center in the Square, the Harrison Museum of Africa-American Culture,
and the Virginia Museum of Transportation.
He further advised that when the Governor releases his recommended budget
to the General Assembly in December, it is expected to see even more reductions
in State aid "passed on" to the City of Roanoke and to other localities around the
State; the Virginia First Cities Coalition, of which Roanoke is an active member, has
unanimously adopted the position that such reductions in State aid will be "passed
217
on" to the affected agencies, because localities cannot afford to merely absorb the
cuts and continue in a "business as usual" mode of operation; and today, the
Members of Council, acting as the Budget and Planning Committee of Roanoke City
Council, adopted the same position for the City of Roanoke.
Mr. Bestpitch explained that beginning today, affected government agencies
will be notified of the fact that they will have to reduce their budgets to offset State
revenue reductions; City departments and agencies to be affected include the
Commissioner of the Revenue, Commonwealth's Attorney, Treasurer, Libraries and
Social Services, and citizens may likely see, as a result, changes in the level of
services that are now provided; and while this is a regrettable situation, there is no
doubt in the minds of Council Members that this is the fiscally responsible approach
to take - increasing local taxes and fees to offset the loss of State revenue is not an
option that the Council plans to pursue.
Mr. Bestpitch stated that these are difficult times for the nation, the
Commonwealth of Virginia and the City of Roanoke; and in difficult times, difficult
decisions have to be made; and while the City remains hopeful that the fiscal
situation will improve soon, it must continue to "plan for the worse, and hope for the
best."
Mr. Bestpitch moved that Council adopt the position of the Virginia First Cities
Coalition that reductions in State aid will be passed on to the affected agencies;
affected government agencies will be notified that they will have to reduce their
budgets to offset revenue reductions; and City departments and agencies to be
affected include the Commissioner of the Revenue, Commonwealth's Attorney,
Treasurer, Library and Social Services. The motion was seconded by Mr. Carder.
The City Manager advised that the Governor has recommended reductions in
the budget of the Commissioner of the Revenue, the City Treasurer, the
Commonwealth's Attorney, state aid to libraries, reductions in expenses for
administration of the Social Services departments, and the most significant dollar
reduction of the six is the reduction in House Bill 599 funds, which are law
enforcement funds, with smaller items totaling approximately $82,000.00 - $86,000.00
that were not specifically directed to individual activities that the City, as an
organization, will absorb. She stated that in accepting these reductions, the City of
Roanoke is taking the position that if the Governor, in his wisdom, thought these
were good areas for reductions, the City should stand aside and allow the
reductions to occur and not try to identify reductions in other activities in order to
accommodate the reductions.
218
Vice-Mayor Harris expressed reservations about the reduction in House Bill
599 funds which will affect the Police Department. He stated that he will support the
motion offered by Mr. Bestpitch because the spirit of the motion is to communicate
to Roanoke's citizens that the reason these reductions are occurring is because the
State is making reductions in services, which is the right message at the right time
to communicate to the citizens of the City of Roanoke, but he would like for the
record to reflect that he does not support any cuts in law enforcement funding and
he will re-enforce his position during 2003-04 budget discussions.
Council Member Dowe requested that the record reflect that no Member of
Council is comfortable with any of the budget cuts, and the position taken by
Council is intended to educate the citizens of Roanoke on the severity of the funding
crisis.
Council Member Wyatt expressed frustration that budget cuts equal a
reduction in services, and it should be abundantly clear that when revenues are cut,
services to citizens will be cut. She stated that it is not the goal of Council to cut
services, because services have been streamlined in every possible area in an effort
to prevent service reduction. She advised that citizens should call their legislators
because they created the cuts, City Council has held the bar in the City of Roanoke
for as long as it can and made up for the State's deficits for as long as it can, and
citizens need to understand that it is not the City of Roanoke cutting the services
that citizens want and need.
The motion was unanimously adopted.
TRAFFIC-CITY COUNCIL-DISABLED PERSONS: Council Member Bestpitch
suggested that four parking spaces designated for City Council parking in the
Second Street parking lot be made available for handicapped and disabled parking,
on a temporary basis, during the time that the Noel C. Taylor Municipal Building roof
replacement project is underway.
TAXES: Council Member Bestpitch referred to a communication from the
Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia,
transmitting the 2002 Report of the Board of Equalization dated October 29, 2002,
with regard to terms of office of the Board of Equalization; whereupon, he requested
that the matter be referred to the City Attorney for report to Council. (See Consent
Agenda Item C-3.)
ROANOKE CIVIC CENTER-SPORTS ACTIVITIES: Council Member Dowe
encouraged citizens of the Roanoke Valley to support the NBA and the Roanoke
Dazzle basketball team.
219
ROANOKE CIVIC CENTER-SPORTS ACTIVITIES: Council Member Wyatt
encouraged citizens of the Roanoke Valley to support the Roanoke Express hockey
team.
VIRGINIA MUNICIPAL LEAGUE: Council Member Carder advised that the City
of Roanoke will host the Virginia Municipal League Annual Conference in 2003. He
reviewed a power point presentation which was made to the VML delegation in
October 2002 when the City extended its invitation that outlines the
accomplishments of the City of Roanoke:
Parentinq named Roanoke one of the ten best places in America to
raise a family.
The University of Kentucky ranked Roanoke's quality of life among the
top 20 in the nation.
Money ranked Roanoke as the third best small southern city in which
to live.
Roanoke was rated as one of the top ten healthiest places in the nation
by KiDlinoer's Personal Finance.
ZPG, Inc., cited Roanoke as one of the ten least stressful areas in the
nation.
Retirement Places Rated ranked Roanoke as the second best metro
area in the country in which to retire.
Money magazine called Roanoke one of the top eight places in America
in which to retire.
Roanoke is a diverse garden, blooming with residents from more than
73 countries, who speak more than 28 languages.
Roanoke's Sister Cities include: Florianopolis, Brazil; Kisumu, Kenya;
Lijiang, China; Opole, Poland; Pskov, Russia; St. Lo, France; and
Wonju, Korea.
The U. S. Department of Education has recognized the Roanoke City
Public Schools as among the nation's best.
Roanoke is the only City in the nation to operate nationally accredited
Sheriff, Police, and Fire-EMS Services.
220
Inc. called Roanoke one of the top 100 hot spots for business
development.
Sales and Marketing ManaQement ranked Roanoke as the tenth hottest
business development area in America.
Ex_oansion Mana_~ement included Roanoke in its 50 hottest cities for
business relocation and expansion of manufacturing.
The Government Finance Officers Association cited Roanoke for
"excellence in financial reporting" and "distinguished budget
presentation."
The Center for Digital Government named Roanoke the top digital City
in America.
Roanoke Citizen is recognized as among the best citizen publications
in America.
The Virginia Economic Development Partnership ranked Roanoke 14t'
in the nation for telecom equipment and service jobs in emerging firms.
Roanoke's investment in its downtown over the last decade has topped
$500,000,000.00.
Urban Initiatives included the Roanoke City Farmers Market as one of
its 63 "America's Great Public Places."
The International Downtown Association cited Center in the Square as
the top downtown economic development project in the world.
Old Dominion University cited Roanoke as first in Virginia and 11t' in
the nation in real per capita personal income.
The National Association of Home Builders called Roanoke the most
affordable housing market in Virginia.
Roanoke and Cleveland are the only communities in America to win the
prestigious Ali-America City award five times (1952, 1979, 1982, 1988
and 1996).
221
ROANOKE CiViC CENTER-NEWSPAPERS: The Mayor referred to a recent
newspaper article quoting his remarks which might have been perceived as anti-
NBDL, in which he criticized certain issues regarding the Roanoke Civic Center. He
stated that he previously expressed concern regarding expenditures for new office
space and locker rooms for the NBDL, which are quite possibly better than locker
rooms provided for students in Roanoke's public school system. He advised that he
would like to apologize to the NBDL for any remarks that might have been perceived
as a criticism, and advised that he has been supportive of the NBDL which is a part
of the City of Roanoke. He stated that Council and the City administration will do all
they can to help the NBDL fill civic center seats which are so vital to the success of
the basketball team, but the City looks to the NBDL to lead the way to fill the seats
and to honor its pledge to bring a certain number of events to the Roanoke Civic
Center. He advised that he looks to the NBDL with the expectation that it will fulfill
its contract with the City of Roanoke in the future.
AIRPORT: The Mayor called attention to a recent announcement by U. S. Air
and Colgan Airlines, Inc., in connection with a $175.00 round trip fare from Roanoke
to New York.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response, report and
recommendation to Council.
COMPLAINTS-HOUSING/AUTHORITY-CITY EMPLOYEES-DOWNTOWN
ROANOKE, INCORPORATED: Mr. Robert Gravely, 617 Hanover Avenue, N. W.,
expressed concern that housing standards in the City of Roanoke are set so high
that the average citizen cannot afford to purchase a house; the Iow pay scale for City
employees; inadequate living conditions for elderly persons on a fixed income; and
the high quality of infrastructure improvements in downtown Roanoke, while the
remainder of the City's infrastructure is in poor condition.
TAXES: Glenn Bowe, representing Layman Candy Co., requested that Council
consider reinstatement of the dealer's discount on the cigarette tax.
COMPLAINTS-ClTYGOVERNMENTS-ClTYEMPLOYEES: Ms. Angela Norman,
1731 Michael Street, N. W., advised that as a citizen and a taxpayer, she requests
a higher level of accountability with regard to the expenditures of tax dollars by the
City administration. She stated that based on findings by the Municipal Auditor,
numerous improper payroll payments and public expenditures have occurred in
violation of City and State laws; i.e.: employees in the City's payroll department
improperly received $28,500.00, with the approval of the Director of Finance, the City
222
Manager and the Director of Human Resources; $1,303.00 was paid for catering for
a retirement party for a retirement administrator, which was a clear violation of a City
Administrative Procedure; procurement of certain services by Civic Center
management that were not in compliance with local or state laws; written bid
requests were not advertised or posted for public notice; a written contract was not
prepared and a questionable vendor was paid $178,727.00; and payments of
$480,000.00 were authorized which exceeded the $75,000.00 threshold requiring City
Council's approval. She advised that the Director of the Roanoke Civic Center could
not and did not single handedly obtain and process these illegal and improper
transactions; and all of the above actions have quickly been swept under the rug
that keeps piling internal corruption higher and higher, with more exposure
forthcoming; therefore, she requested a full blown investigation by the FBI. She
expressed concern that the least amount of information is being presented to the
public and that the guilty participants are being protected and may still be employed
by the City; and too much autonomy and power has been given with too little
accountability. She stated that she has appeared before Council over the past five
years to address concerns regarding discrimination, with proof, within City
government, but it now appears that the wheels of discrimination are targeting the
senior in age and the senior in service employees, which information has been
addressed, through the proper chain of command, and with the City Manager. She
advised that accountability is necessary for the City of Roanoke to continue to be the
best place to live and to work, and suggested that Council revisit its hands off policy
related to the day-to-day operation of the City administration, or more closely
monitor internal expenditures.
POLICE DEPARTMENT-TRAFFIC-REFUSE COLLECTION-DISABLED
PERSONS-PARKING FACILITIES: Mr. E. Duane Howard, 508 Walnut Avenue, S. W.,
commended Council Member Bestpitch on his suggestion to use four City Council
parking spaces in the Second Street parking lot, on a temporary basis, for
handicapped and disabled parking; however, he suggested that the arrangement be
made permanent for better and more convenient parking accommodations for the
handicapped and disabled.
Given today's difficult financial times, Mr. Howard suggested that the City give
consideration to eliminating the program of loose leaf collection and require citizens
to bag leaves for City pick up.
He expressed concern with regard to any decrease in the budget of the Police
Department, and suggested that the horse mounted patrol unit be eliminated and
that those officers be assigned to bicycle safety patrol.
223
CITY MANAGER COMMENTS: NONE.
At 4:25 p.m., the Mayor declared the meeting in recess for one Closed
Session.
The Council meeting reconvened at 4:50 p.m., with all Members of the Council
in attendance, Mayor Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt,
and Mayor Smith ............................................................................................. 7.
NAYS: None ......................................................................................... 0.
There being no further business, at 4:55 p.m., the Mayor declared the meeting
in recess to be reconvened on Thursday, November 7, 2002, at 8:30 a.m., for a tour
of the Roanoke Regional Firing Range Shoot House, located at Interstate 581 South,
Exit 132, off Twine Hollow Road.
The City Council meeting reconvened on Thursday, November 7, 2002, at
8:30 a.m., for a tour of the Roanoke Regional Firing Range Shoot House.
PRESENT: Council Members M. Rupert Cutler, Linda F. Wyatt and Mayor
Ralph K. Smith ................................................................................................ 3.
ABSENT: Council Members William D. Bestpitch, William H. Carder, Alfred T.
Dowe, Jr., and C. Nelson Harris ...................................................................... -4.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; and Mary F. Parker,
City Clerk.
Also in attendance were members of the Roanoke County Board of
Supervisors and Roanoke County administrative officials.
224
POLICE DEPARTMENT: Following breakfast and a tour of the Roanoke
Regional Firing Range Shoot House, the Mayor declared the City Council meeting
adjourned at 10:55 a.m.
ATTEST:// ~
Maryfl=. Parker
City Clerk
APPROVED
Mayor
225
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 18, 2002
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
November 18, 2002, at 2:00 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter
2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meetings, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, C. Nelson Harris, Linda F. Wyatt and Mayor Ralph K. Smith ......... 6.
ABSENT: Council Member Alfred T. Dowe, Jr.- ........................................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Earl Robertson,
Pastor, Roanoke First Church of the Nazarene.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGMENT: The Mayor advised that some time ago,
Council Member Carder recommended and the Council concurred that the City of
Roanoke should recognize those citizens who go above and beyond the call of duty
to be of service to their fellow man and to their community. On behalf of the
Members of Council, he stated that he was pleased to recognize Ms. Janine Palma
VanDenBerg and Ms. Louise Scott, representing the Roanoke Valley Mopar Club.
226 --
The Mayor advised that Ms. VanDenBerg volunteers at the Rescue Mission in
the Women's Shelter; she assists in fund raising efforts for the homeless population
and she is an advocate for the rights of the down trodden and disadvantaged in the
Roanoke community.
The Mayor further advised that the Roanoke Valley Mopar Club goes above
and beyond the call of duty every year to raise money for St. Judes Hospital, which
is a children's hospital that is a patron's saint for children with severe illness.
He presented Ms. VanDenBerg and Ms. Louise Scott, on behalf of the Roanoke
Valley Mopar Club, with "Shining Star" awards.
PROCLAMATIONS: The Mayor presented a proclamation declaring the week
of November 24-30, 2002, as Roanoke Family Week.
SPORTS ACTIVITIES-ROANOKE CiViC CENTER: Joseph Preseren, Team
President, The Roanoke Dazzle Basketball Team, advised that the season started
last weekend, and he commended Roanoke Civic Center staff on their management
of a myriad of civic center events. He stated that attendance is up, preseason sales
are significantly higher than last year's sales, and the team is optimistic and looks
forward to a great season.
Kent Davison, Head Coach, Roanoke Dazzle Basketball Team, advised that
this year, the Roanoke Dazzle has played two exhibition games and two regular
season games, and called attention to two local recognizable players, Cory
Alexander and Jamaal Robinson, whose presence will cause an increase in
attendance. He commended the City on the quality of office space and locker rooms
provided for the Roanoke Dazzle which compete favorably with professional team
locker rooms. He stated that the Roanoke Dazzle team and staff are now firmly
entrenched in the Roanoke Valley and offered their assistance to the community.
CONSENTAGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
227
MINUTES: Minutes of the regular meeting of City Council held on Monday,
October 3, 2002, and recessed until Sunday, October 6, 2002, were before the body.
Mr. Cutler moved that the reading of the minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Carder and
adopted by the following vote.
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith .................................................................................... 6.
NAYS: None ......................................................................................... 0.
(Council Member Dowe was absent.)
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss vacancies on
various authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before
the body.
Mr. Cutler moved that Council concur in the request of the Mayor to convene
in a Closed Meeting. The motion was seconded by Mr. Carder and adopted by the
following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith ......................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Council Member Dowe was absent.)
ACTS OF ACKNOWLEDGMENT-CITY COUNCIL: A communication from
Council Member William H. Carder requesting that Council convene in a Closed
Meeting to discuss a special award, being the Shining Star Award, pursuant to
Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended, was before the body.
Mr. Cutler moved that Council concur in the request of Council Member Carder
to convene in a Closed Meeting. The motion was seconded by Mr. Carder and
adopted by the following vote:
228 -
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith ...................................................... -6.
NAYS: None .................................................................................. 0.
(Council Member Dowe was absent.)
PURCHASE/SALE OF PROPERTY-CITY MANAGER-CITY COUNCIL-CITY
PROPERTY: A communication from the City Manager requesting that Council
convene in a Closed Meeting to discuss acquisition of real property for public
purpose, where discussion in open meeting would adversely affect the bargaining
position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code
of Virginia (1950), as amended, was before the body.
Mr. Cutler moved that Council concur in the request of the City Manager to
convene in a Closed Meeting. The motion was seconded by Mr. Carder and adopted
by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith .................................................................................. 6.
NAYS: None ......................................................................................... 0.
(Council Member Dowe was absent.)
CITY ATTORNEY-CITY COUNCIL: A communication from the City Attorney
requesting that Council convene in a Closed Meeting to consult with legal counsel
on a matter of pending litigation, pursuant to Section 2.2.-3711 (A)(7), Code of
Virginia (1950), as amended, was before the body.
Mr. Cutler moved that Council concur in the request of the City Attorney to
convene in a Closed Meeting. The motion was seconded by Mr. Carder and adopted
by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith ............................................................................. -6.
NAYS: None ...................................................................................... -0.
(Council Member Dowe was absent.) __
229
COMMITTEES-BLUE RIDGE COMMUNITY SERVICES: A communication from
S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare,
recommending concurrence by Council in the reappointment of Linda H. Bannister
as an at large member of the Blue Ridge Behavioral Healthcare Board of Directors,
for a term ending December 31, 2005, was before the body.
It was further advised that the current term of Ms. Bannister as an at large
representative will expire on December 31, 2002; according to §37.1-196, Code of
Virginia, 1950, as amended, Community Services Board members are eligible for
three full three-year terms; therefore, it is requested that Council ratify the
reappointment of Ms. Bannister for a second term, from January 1, 2003, through
December 31,2005; and By-Laws of the Board require that appointments of at large
members be ratified by all five participating localities.
Mr. Cutler moved that Council concur in the reappointment of Linda H.
Bannister as an at large member of the Blue Ridge Behavioral Healthcare Board of
Directors, for a term ending December 31, 2005. The motion was seconded by
Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith .................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Council Member Dowe was absent.)
COMMITrEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication
from Christine Profltt tendering her resignation as a member of the Roanoke
Neighborhood Partnership Steering Committee, was before Council.
Mr. Cutler moved that the resignation be accepted and that the communication
be received and filed. The motion was seconded by Mr. Carder and adopted by the
following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith ....................................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member Dowe was absent.)
230
PURCHASE/SALE OF PROPERTY-CITY MANAGER-CITY COUNCIL-CITY
PROPERTY: An oral request of the City Manager that Council convene in a Closed
Meeting to discuss acquisition of real property for public purpose, where discussion
in open meeting would adversely affect the bargaining position or negotiating
strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as
amended, was before the body.
Mr. Cutler moved that Council concur in the request of the City Manager to
convene in a Closed Meeting. The motion was seconded by Mr. Carder and adopted
by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith ................................................................. -6.
NAYS: None ......................................................................................... 0.
(Council Member Dowe was absent.)
PURCHASE/SALE OF PROPERTY-CITY MANAGER-CITY COUNCIL-CITY
PROPERTY: An oral request of the City Manager that Council convene in a Closed
Meeting to discuss acquisition of real property for public purpose, where discussion
in open meeting would adversely affect the bargaining position or negotiating
strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as
amended, was before the body.
Mr. Cutler moved that Council concur in the request of the City Manager to
convene in a Closed Meeting. The motion was seconded by Mr. Carder and adopted
by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith .......................................................... -6.
NAYS: None ......................................................................................... 0.
(Council Member Dowe was absent.)
231
REGULAR AGENDA
PUBLIC HEARINGS:NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
PARKS AND RECREATION-LANDMARKS/HISTORIC PRESERVATION-LEASES:
The City Manager submitted a communication advising that the Commonwealth of
Virginia, Department of Historic Resources (DHR), operates the Roanoke Regional
Preservation Office from the Buena Vista Recreation Center; even though use of the
facility involves limited office and storage space, DHR has made approximately
$10,000.00 worth of improvements to the leased space at Buena Vista Recreation
Center; and these positive changes are consistent with the departmental direction
noted within the Comprehensive Master Plan of Roanoke Parks and Recreation.
It was further advised that the unexecuted Lease Agreement, authorized by
Council pursuant to Ordinance No. 33798-051898 between the City of Roanoke and
DHR was to expire in February 2001; following minor modifications to the
Agreement, DHR has agreed to continuing use of a portion of the facility; and
renewal of the revised lease provides for a term retroactive to March 2002 for a term
of five years at no fee with the option to renew for one additional term.
The City Manager recommended that she be authorized to execute the Lease
Agreement with the Department of Historic Resources, upon approval as to form by
the City Attorney.
Mr. Carder offered the following ordinance:
232
(#36125-111802) AN ORDINANCE authorizing entering into a lease agreement
between the City and the Commonwealth of Virginia, Department of Historic
Resources, for certain space in the Buena Vista Recreation Center, upon certain
terms and conditions, and dispensing with the second reading of this ordinance by
title.
(For full text of Ordinance, see Ordinance Book No. 66, Page 509.)
Mr. Carder moved the adoption of Ordinance No. 36125-111802. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Council Member Dowe was absent.)
BUDGET-EMERGENCY SERVICES: The City Manager submitted a
communication advising that since July 1, 1986, the City has been under contract
with the Virginia Department of Emergency Management (VDEM) to respond to Level
III hazardous materials incidents in a regional concept involving Fireflghter/EMTs
from the Cities of Roanoke and Salem; in July 2000, the City renewed its agreement
to participate in a Level III Regional Response Team; and the purpose of the report
is to request, for the next two fiscal years (July 2002- June 2004), authorization for
another bi-annual agreement to keep funding and reimbursement needs current.
It was further advised that the City of Roanoke benefits in several ways from
the contract; the City receives reimbursement for training, team member physical
examinations and purchase of related equipment; and without the State contract, the
City would still have a need for a hazardous materials response team, but would not
have the corresponding benefit of being a reimbursed regional provider.
It was explained that the present VDEM hazardous materials team contract
expired on June 30, 2002; VDEM agreed to sign a new, two year agreement and to
furnish $15,000.00 per year in "pass-through" funds in order to assist with the purchase
of equipment, physicals, and to attend training programs needed to complywith Federal
and State response cdteria mandates; and "pass-through" funding totaling $15,000.00
has been received from VDEM and deposited in revenue Account No. 035-520-3225-
3225.
233
The City Manager recommended that Council authorize execution of a new
contract and "pass-through" funding, which honors the two-year VDEM hazardous
materials team contract for the period July 1,2002, until June 30, 2004, and appropriate
$15,000.00 as follows: $10,000.00 to Expendable Equipment and $5,000.00 to Training
and Development under the Hazardous Materials Response Team Grant (035-520-
3225-2035 and 035-520.3225-2044), and establish a revenue estimate of $15,000.00.
Mr. Carder offered the following budget ordinance:
(#36126-111802) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 66, Page 509.)
Mr. Carder moved the adoption of Ordinance No. 36126-111802. The motion was
seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members
and Mayor Smith ....
NAYS: None .......
(Council Member Dowe was absent.)
Bestpitch, Carder, Cutler, Harris, Wyatt
Mr. Carder offered the following resolution:
(#36127-111802) A RESOLUTION authorizing the City Manager to enter into a two-
year contract with the Commonwealth of Virginia, Department of Emergency
Management, to participate in a Regional Hazardous Materials Response Team and to
accept "pass-through" funding in the amount of $15,000.00.
(For full text of Resolution, see Resolution Book No. 66, Page 510.)
Mr. Carder moved the adoption of Resolution No. 36127-111802. The motion was
seconded by Mr. Cutler and adopted by the following vote:
234 -
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith 6.
NAYS: None -0.
(Council Member Dowe was absent.)
POLICE DEPARTMENT: The City Manager submitted a communication advising
that design of the new police building at 348 West Campbell Avenue has always
included a space directly in front of the door for a monument, or memorial, to recognize
the sacrifice of fallen police officers; a committee of Police Department employees
worked with the Roanoke Arts Commission to develop a fitting memorial; solicitations
for proposal were sent to artists regionally, with four artists submitting potential
designs for consideration; and a quality statue at this highly visible location would
promote the arts in the City of Roanoke.
It was further advised that Blacksburg sculptor, Lawrence Reid Bechtel, one of
the four artists offering works for review, submitted a proposed work entitled, "Officer
Down", which has been displayed within the Police Department and is recommended
by the joint Police DepartmentJArts Commission Committee; production of the
monument is anticipated to take approximately one year following execution of a
contract, at an anticipated cost of $96,500.00; and funding is available in Account No.
008-640-9902-9132.
The City Manager recommended that she be authorized to enter into a contract
with Lawrence Bechtel, in a form to be approved by the City Attomey, and to advertise
for bids for architectural and construction work associated with completion of the
project.
Mr. Bestpitch offered the following resolution:
(#36128-111802) A RESOLUTION authorizing execution of an agreement between
the City of Roanoke and Lawrence Reid Bechtel, doing business as Heady Stuff Studio,
providing for development and creation of a statue to memorialize fallen law
enforcement officers to be erected in front of the Police Department at 348 West
Campbell Avenue.
(For full text of Resolution, see Resolution Book No. 66, Page 511 .)
235
Mr. Bestpitch moved the adoption of Resolution No. 36128-111802. The motion
was seconded by Mr. Carder.
Captain William Althoff, Roanoke City Police Department, advised that the design
of the front of the new police building was intended for the placement of a statue to
honor fallen police officers. He stated that the Roanoke Arts Commission assisted the
Fallen Police Officers Memorial Committee by making announcements to persons
affiliated with the art network as to the City of Roanoke's interest in commissioning a
statue to memorialize fallen police officers, and a variety of artists viewed the site prior
to submitting their proposal. He advised that $70,000.00 for the sculpture will be taken
from the 2000-01 CMERP fund which represent funds that were carried over, and the
remainder of the funds will be taken from 2001-02 CMERP funds. He introduced
Lawrence Reid Bechtel, who was selected by the committee to sculpt the proposed
fallen police officers statue.
For demonstration purposes, Mr. Bechtel presented a small model designed to
scale of the site. He advised that he interviewed police officers and took an actual
incident and tried to symbolize the way in which police officers place their lives on the
line everyday. He stated that he endeavored to capture a sense of ministry between
police officers, the police department and the community, and the proposed sculpture
is intended to portray kinship and a sense that all citizens share a responsibility to join
hands with those who are fallen and in need.
Robert L. Humphrey, Vice-Chair, Roanoke Arts Commission, and liaison from the
Roanoke Arts Commission to the Fallen Police Officer Memorial Committee, advised
that his role was to facilitate in the artist selection process. He stated that the Arts
Commission assisted the committee in drafting a prospectus which was mailed to a
variety of sculptors announcing the project and the ensuing selection process.
Following receipt of proposals, he added that he assisted with the arts process, the end
result of which was the selection of Mr. Bechtel. He advised that the Roanoke Arts
Commission applauds the selection committee on its efforts to bring the proJect to this
point, the Arts Commission supports this most deserved project, and encourages
favorable consideration of funding by Council.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., commended all persons
involved in the fallen police officer memorial and advised that the City can never do
enough to honor those police officers who endanger their lives every day to protect
others; however, he stated that it was just two weeks ago that Council discussed a
$387,000.00 shortfall to the City's budget as a result of State budget cuts. He stated
that there is discussion about cutting back on library hours, and eliminating school
236
teacher positions, etc., therefore, he questioned whether the statue is an expenditure
that the City should make at this time in view of the budget situation; and advised that
it might be more appropriate to delay action on the expenditure. He stated that
$96,000.00 is the equivalent of more Police Officere, and spoke in support of soliciting
donations from private enterprise/interests to fund this worthy project.
Council Member Bestpitch advised that the voters of the City of Roanoke elected
City Council to set policy and to determine the budget for the City; the voters also elect
representatives to the Virginia General Assembly and to the United States Congress;
those persons who represent the citizens in Richmond and Washington have created
a "mess" and the "mess" they have created is now resulting in reductions in services
at Roanoke's libraries and cuts in funding for law enforcement, etc. He stated that if
citizens want to make changes, they have it within their power as voters to do so;
however, it is not appropriate to lay the responsibility for resolving the problems at the
feet of City Council, when the problems were created by the General Assembly and the
United States Congress and they need to find a solution.
Vice-Mayor Harris expressed appreciation to Mr. Bechtel, the Roanoke Arts
Commission and to those who served on the Fallen Police Officers Memorial
Committee, and advised that the proposed statue will be an asset not only as a piece
of art, but as a memorial to fallen police offices. He explained that the sculpture will be
funded by CMERP funds which are funds that are set aside for one time capital projects
and not general operating expenses that will be incurred annually.
Council Member Wyatt called attention to the amount of counseling involved in
the work of a police officer, therefore, the proposed sculpture is most tiffing. She
commended Mr. Bechtel for touching on that part of a police officers' responsibility.
The Mayor advised that Mr. Howard's comments are not totally out of place in
regard to priorities for spending City funds. However, he stated that he is pleased with
Mr. Bechtel's proposal and the sculpture will complete the front of the police building
which was designed with a memorial in mind.
Resolution No. 36128-111802 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith . ..-6.
NAYS: None ..... -0.
(Council Member Dowe was absent.)
237
CITY PROPERTY-HOUSING/AUTHORITY-DOWNTOWN NORTH: The City Manager
submitted a communication advising that the City currently owns several parcels of
land along Gainsboro Road, N. W., suitable for potential development of a mixed-use
community; the City desires the opportunity to consider entedng into a contractual
agreement with a real estate developer who has submitted the successful proposal for
development of the property; although the sealed bid method of procurement would
normally be used, it is not practicable or fiscally advantageous to the public in
procuring the above referenced services; the experience, qualifications, and references
of firms that can provide the real estate development proposal are of equal, if not
greater, importance than the cost; additional issues, other than price, include
development experience, employee training, customer responsiveness, marketing, and
financial capacity; therefore, the process of competitive negotiation using the request
for proposal process has been identified as the best method for procurement of these
services.
It was further advised that the Code of the City of Roanoke, (1979), as amended,
provides, as an alternate method of procurement to using the bid process, a process
identified as "competitive negotiation"; however, prior approval by Council is
necessary; and this method will allow for negotiations with two or more providers to
determine the best qualified at the most competitive price or rate.
The City Manager recommended that Council authorize the use of competitive
negotiation as the method to secure a development company for development of City-
owned property along Gainsboro Road, N. W.
Mr. Carder offered the following resolution:
(#36129.111802) A RESOLUTION designating the procurement method known as
competitive negotiation, rather than the procurement method known as competitive
sealed bidding, to be used to secure a real estate development company for
development of the city-owned property along Gainsboro Road, N. W.; and documenting
the basis for this determination.
(For full text of Resolution, see Resolution Book No. 66, Page 512.)
Mr. Carder moved the adoption of Resolution No. 36129-111802. The motion was
seconded by Mr. Bestpitch.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., expressed opposition inasmuch
as the various neighborhood organizations in Gainsboro have not been afforded an
opportunity to review the proposals. She stated that residents of the area are
238
concemed because they were previously advised that the various presidents/officers
of each neighborhood organization within Gainsboro would be kept informed as to
matters affecting the Gainsboro community. She explained that there are three
neighborhood organizations that work together and each have different interests
pertaining specifically to the area in which they live; and a neighborhood
comprehensive plan is currently being prepared by City staff and it was the
understanding of Gainsboro residents that no real development would be undertaken
in the area until the neighborhood comprehensive plan was completed by City staff and
approved by Council. She inquired as to the location of the property and requested,
before taking action on the matter, that a map of the area be prepared and that a
meeting be held with neighborhood organizations to identify the location of the
property.
The City Manager clarified that no proposals have been received, no developer
has been selected, and the item before Council is a request for authorization to solicit
proposals. She explained that provisions of the City's Procurement Code require
approval by Council in order to engage in competitive negotiation.
Using the competitive negotiation process, Ms. Bethel inquired as to which
developers will be contacted and how will the developer be selected. She expressed
concern with regard to the process that will be used by the City.
Mr. Harris called for the question. The motion was seconded by Mr. Carder and
adopted.
Resolution No. 36129-111802 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith -6.
NAYS: None 0.
(Council Member Dowe was absent.)
REFUSE COLLECTION-EQUIPMENT: The City Manager submitted a
communication advising that on October 25, 2002, Invitation for Bid #02-09-22 for five
side loading refuse cab and chassis and five "one-armed bandit" bodies was opened;
five bids were received for the cabs and chassis and five bids were received for the
bodies; during evaluation of the bids, an error in the specifications was discovered
239
which requires that the bids be rejected; and updated specifications have been
completed and a new invitation for bid can be issued immediately following rejection
of all bids.
It was further advised that an error was made in the submission of old
specifications, rether than new specifications to the Purchasing Department; and a new
sign-off procedure will now be initiated to avoid future errors.
The City Manager recommended that Council reject all bids received on Invitation
for Bid #02-09.22, and reissue an invitation for bid for five side loading refuse cab and
chassis and five "one-armed bandit" bodies, pursuant to revised specifications.
Mr. Carder offered the following resolution:
(#36130-111802) A RESOLUTION rejecting all bids forfive side loading refuse cab
and chassis and five "one-arTned bandit" bodies.
(For full text of Resolution, see Resolution Book No. 66, Page 513.)
Mr. Carder moved the adoption of Resolution No. 36130-111802. The motion was
seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith .............. -6.
NAYS: None ....
(Council Member Dowe was absent.)
Council Member Wyatt inquired as to the dollar amount expended to date for
solid waste collection; whereupon, the City Manager advised that the information will
be provided at a later date.
The Mayor inquired if the technical change will rule out any of the five bidders
whose bids are proposed to be rejected; whereupon, the City Manager advised that the
expectation is that the City would get an equal, if not larger number of bids, as a part of
the next bidding process.
240 --
BUDGET-FDETC: The City Manager submitted a communication advising that the
City of Roanoke is the grant recipient and fiscal agent for Workforce Investment Act
(WlA) funding, thus, Council must appropriate funds for all grants and other monies
received; Workforce Investment Act for the region, Workforce Area 3, encompasses the
Counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, as well as the Cities of
Covington, Roanoke, and Salem; and WlA funding is for the following three primary
client populations:
dislocated workers who have bccn laid off from employment
through no fault of their own,
economically disadvantaged individuals as determined by
household income guidelines set up by the U. S. Department
of Labor, and
WIA Youth Programs
It was further advised that Notice of Obligation has been received from the
Virginia Employment Commission authorizing Workforce Area 3 to spend $209,792.00
for the Adult Program, which serves economically disadvantaged persons and
$198,544.00 for the Dislocated Worker Program, which serves persons laid off from their
jobs through no fault of their own; the Virginia Employment Commission has issued a
Notice of Obligation dated September 10, 2002, authorizing Workforce Area 3 to spend
a total of $25,000.00 to purchase and install Virginia Workforce Center signs, which
funds are available from July 1, 2002 through June 30, 2003; the Fifth District
Employment and Training Consortium, pursuant to agreement with the City of Roanoke,
administers funding for Workforce activities not included in the identified WlA program
categories; and the Consortium has received funding in the amount of $50,000.00 from
the State Department of Social Services to operate the Opportunity Knocks Program for
Workforce Ama 3, which provides services to eligible youth from October 1, 2002
through June 30, 2003.
The City Manager recommended that Council appropriate Workforce Investment
Act and Fifth District Employment and Training Consortium funding totaling
$483,336.00, and increase the revenue estimate by $483,336.00 in accounts to be
established in the Consortium Fund by the Director of Finance.
Mr. Bestpitch offered the following budget ordinance:
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(#36131-111802) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Fifth District Employment and Training Consortium Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, Page 514.)
Mr. Bestpitch moved the adoption of Ordinance No. 36131-111802. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith ....................... -6.
NAYS: None-
(Council Member Dowe was absent.)
SIDEWALK/CURB AND GUTTER-BUDGET-NEWSPAPERS: The City Manager
submitted a communication advising that Salem Avenue from Jefferson Street to 5th
Street, S. W., was identified as a special project for curb and sidewalk improvements;
the first phase, First Street to Second Street in the area of the new Roanoke Times
Building, is to be constructed in the summer of 2003; and proposals for design services
were received from Hayes, Seay, Mattern & Mattem, Inc., LMW, P.C., and Anderson &
Associates, Inc.
It was further advised that a selection committee consisting of City employees
selected Hayes, Seay, Mattern & Mattern, Inc., as the most qualified for the project; City
staff has negotiated an acceptable agreement for the above work in the amount of
$54,734.00; funding in the amount of $60,000.00 is needed for the project, with
additional funds that exceed the contract amount to be used for miscellaneous project
expenses including advertising, printing and unforeseen project expenses; and funding
is available from Public Improvement Bonds - Series 2002, Account No. 008-530-9711-
9195.
The City Manager recommended that Council transfer $60,000.00 from Public
Improvement Bonds- Series 2002, Account No. 008-530-9711-9195, to an account to be
established by the Director of Finance entitled, Salem Avenue Streetscape.
Mr. Carder offered the following budget ordinance:
242 -
(~36132-111802) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of the ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, Page 516.)
Mr. Carder moved the adoption of Ordinance No. 36132-111802. The motion was
seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith 6.
NAYS: None -0.
(Council Member Dowe was absent.)
HUMAN DEVELOPMENT-LEASES: The City Manager submitted a communication
advising that in November 2001, the City of Roanoke entered into a lease agreement for
office space with Blue Eagle Partnership for property located at The Civic Mall, 1501
Williamson Road; the Department of Human Services will relocate its offices to The
Civic Mall; term of the lease is for20 years, commencing on June 1,2003, and expiring
on May 31,2023; prior to the commencement date, the Lessor will complete renovations
and improvements to the premises in an amount not to exceed $2,497,080.00; in the
event that improvements exceed $2,497,080.00, the cost will be amortized over the term
of the Lease and such amortization payments will be included in monthly rental
payments as additional rent; and additionally, the lease has a nonappropriation
provision which provides that the City shall have the right to terminate the Lease
without penalty or further obligation in the event Federal, State or Municipal government
does not appropriate necessary funds for the lease.
It was further advised that both parties desire to amend the Lease Agreement to
reflect a dollar limit to the cost of improvements; Blue Eagle Partnership has agreed to
be responsible for any costs over and beyond $2,497,080.00, and the City of Roanoke
will now be responsible for installation of the computer system and telephone system
wiring; additionally, Blue Eagle Partnerehip's lender has expressed concern over the
nonappropriation provision; specifically, the lender is concerned that while State and
Federal govemments may appropriate funds, it may be appropriated for office space at
a different location; and both parties desire the lease to indicate that the City shall have
the right to terminate the lease in the event of nonappropriation only if Federal, State or
local funding is not appropriated to pay for office space at any location.
243
The City Manager recommended that she be authorized to execute the Lease
Amendment in a form approved by the City Attorney.
Mr. Carder offered the following ordinance:
(#36133-'111802) AN ORDINANCE authorizing the City Manager to enter into an
amendment to the lease agreement between the City and Blue Eagle Partnership dated
November 21,2001, for certain property located at the Civic Mall, 1501 Williamson Road,
Roanoke, Virginia, for the Department of Human Services, upon certain terms and
conditions, and dispensing with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 66, Page 517.)
Mr. Carder moved the adoption of Ordinance No. 36133-111802. The motion was
seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith ................................ -6.
NAYS: None ....................................
(Council Member Dowe was absent.)
CITY CODE-RENTAL INSPECTION PROGRAM: The City Manager submitted a
communication advising that as authorized by State law, Council instituted a Rental
Certificate of Compliance program, pursuant to Section 7-34 of the Code of the City of
Roanoke (1979), as amended; the program allows the City to inspect rental properties
at the change of tenancy or ownership to protect the health, safety and welfare of
residents in rental dwelling units; and the program is limited to core areas of the City
that are designated as Conservation Areas, Rehabilitation Districts and areas
designated as blighted, pursuant to Section 36-49.1.1, Code of Virginia, 1950, as
amended.
It was further advised that according to the 2000 census, there are approximately
18,000 rental properties in the City, 4,299 of which are located in Conservation Areas
and Rehabilitation Districts; current code enforcement records of the Department of
Housing and Neighborhood Services indicate that since inception of the Rental
Inspection Program, approximately 2,400 units have been inspected, of which 1,800 or
75 percent have received Certificates of Compliance; however, code enforcement
records also indicate that nearly 1,000 rental properties are not inspected, either
244
because their tenancy does not change, or the owners do not abide by the requirement
to have the unit inspected upon turnover; and ultimately, City staff finds that many
rental properties, when not the subject of either regular inspections or inspections upon
a change in tenancy, may become unsafe, a public nuisance and unfit for human
habitation.
It was explained that to improve e~ciency and effectiveness of the Rental
Certificate of Compliance program, it is recommended that Sections 7-34 - 42 of the City
Code be amended; specifically, Section 7-37 of the ordinance ensures that all rental
properties in the Conservation Areas, Rehabilitation Districts and other areas
designated as blighted shall be inspected upon (i) a change of ownership, (ii) a change
in tenancy, or (iii) whenever the property is the subject of a separate finding by Council
that additional inspections at specific time intervals, not more frequently than once
annually, ara necessary to protect the public health, safety or welfare, unless the rental
property has a valid certificate of compliance, a temporary waiver of compliance
certificate, or a certificate of exemption; and if, however, an inspection has been
conducted within the last 12-month period, no inspection shall occur upon the
termination of a rental tenancy or upon change of ownership (enabling legislation
authorizing the latter provision was authorized by the General Assembly in 2002 at the
request of the City).
The City Manager recommended that Council approve amendments to Sections
7-34 - 42 of the Code of the City of Roanoke (1979), as amended, to streamline the
Rental Certificate of Compliance program, and to allow for inspection of rental
properties in the Conservation Areas and Rehabilitation Districts, or in other areas
designated as blighted, pursuant to the Code of Virginia, 1950, as amended, under
certain circumstances. It was noted that the amendments are part of the City's effort
to enhance its code enforcement response time and to improve the overall quality of life
in residential neighborhoods.
Mr. Carder offered the following ordinance:
(#36134-111802) AN ORDINANCE amending and reordaining §7-34, Puroose and
intent; §7-35, Definitions; §7-36, Ar)olicabilitv; subsections (a) and (b) of §7-37,
Inspection and certificate of comoliance reuuirsd; subsections (a), (b) and (c) of §7-38,
Exemptions; and subsections (a)(l), (b) and (c) of §7-39, Certificate of exemption:
subsections (a) and (b) of §7-40, Issuance of certificate of com_r)liance: subsections (a),
(a)(l), (a)(2) and (b) of §7-41, Temporary waiver of compliance; and subsection (a) of
§7-42, Displav of oroof of compliance, of Article III, Rental Certificate of Compliance, of
Chapter 7, Buildinq Re_=ulations. oftbe Code of the City of Roanoke (1979), as amended,
245
to amend the definition of multiple-family rental complex, add the definition of rooming
unit, and to repeal the definitions of Uniform Statewide Building Code, Volume I, and
Uniform Statewide Building Code, Volume II; to broaden the area of possible application
of Article III, Rental Certificate of Compliance; to require inspections under certain
conditions; and to exempt certain dwellings, dwelling units and rooming units, from the
application of the rental inspection program; and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, Page 518.)
Mr. Carder moved the adoption of Ordinance No. 36134-111802. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith --~-- ----~~. ~.
NAYS: None ........
(Council Member Dowe was absent.)
PARKS AND RECREATION.DONATIONS/CONTRIBUTIONS: The City Manager
submitted a communication advising that as outlined in the Department of Parks and
Recreation's Comprehensive Master Plan, adopted by Council in May 2000, it was
established that all City parks should have fair and suitable distribution of park
amenities; currently, Garden City Park's amenities include only a playground,
restrooms, and athletic fields; and due to a limited amount of amenities for surrounding
residents and visitors, the Garden City Recreation Club has agreed to play an active role
in helping the City of Roanoke provide a park shelter in Garden City Park to help
support needed amenities through funds received from the Neighborhood Partnership
Grant under the Community Development Block Grant for use toward park
improvements.
It was further advised that in a proposed Agreement between the City of Roanoke
and the Garden City Recreation Club, the Recreation Club will provide all materials and
supplies necessary for construction of a 20' x 35' shelter, including a concrete pad, at
a total value of $7,500.00; specifications and location of the shelter have been agreed
upon between the Garden City Recreation Club and the Parks and Recreation
Department; once the Recreation Club completes the concrete base, supplies are to be
delivered to the City to complete construction of the shelter by the Building
246
Maintenance Department; once the project is completed in March 2003, the City will
have full responsibility and rights to the shelter, which include overseeing of
maintenance and all rental/usage requirements of the facility; and funding will be
available through the operating budget to operate and routinely maintain the picnic
shelter.
The City Manager recommended that she be authorized to accept donation of the
park shelter through execution of the Garden City Shelter Agreement with the Garden
City Recreation Club, upon approval as to form by the City Attomey.
Mr. Bestpitch offered the following resolution:
(#36135-111802) A RESOLUTION authorizing the City Manager to execute an
agreement between the City of Roanoke and the Garden City Recreation Club, accepting
a donation of materials and supplies, including a concrete pad, for the construction of
a 20' x 35' shelter in Garden City Park, upon the terms and conditions set out in the City
Manager's letter dated November 18, 2002, to this Council, and expressing appreciation
for such donation.
(For full text of Resolution, see Resolution Book No. 66, Page 525.)
Mr. Bestpitch moved the adoption of Resolution No. 36135-111802. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Beetpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith 6.
NAYS: None 0.
(Council Member Dowe was absent.)
The Mayor suggested and Council concurred that the Garden City Recreation
Club and the Garden City Civic League should be awarded a "Shining Star" award for
their generous donation.
REPORTS OF COMMII'I'EES:
COMMITTEES-LEGISLATION: Council Member Carder, Chair, Legislative
Committee, submitted a communication advising that on November 4, 2002, City
Council's Legislative Committee met to review the proposed 2003 Legislative Program,
247
which is recommended to Council for favorable action; and the School Board's portion
of the Program was approved by the Roanoke City School Board at its meeting on
November 11, 2002.
Mr. Carder advised that approximately 55 legislative items were forwarded to
neighborhood groups, labor representatives and business and community
organizations to get their input in terms of the City's legislative agenda, and local
legislators were involved early on in the process. He explained that the 2003 Legislative
Program focused on six specific areas, five of which relate to neighborhood
improvements, by either strengthening code enforcement efforts, or two tier real estate
authorization which would offer incentives to investment or redevelopment in the City.
He expressed appreciation to the Members of City Council, to F. B. Webster Day and
William Lindsey, School Board representatives to the Legislative Committee, to
Thomas A. Dick, the City's Legislative Liaison, and to William M. Hackworth, City
Attorney, for their input and contributions.
Mr. Carder offered the following resolution:
(#36136-111802) A RESOLUTION adopting and endorsing a Legislative Program
for the City to be presented to the City's delegation to the 2003 Session of the General
Assembly.
(For full text of Resolution, see Resolution Book No. 66, Page 526.)
Mr. Carder moved the adoption of Resolution No. 36136 -111802. The motion
was seconded by Mr. Cutler.
Council Member Cutler advised of receipt of a communication from the Arts
Council for the Blue Ridge which acknowledges that the legislative agenda includes a
recommendation for a regional funding mechanism to provide a source of funding for
cultural, historic and recreational amenities through the Blue Ridge Asset District.
The Mayor advised that he would support the 2003 Legislative Program as
presented.
Resolution No. 36136-111802 was adopted by the following vote:
248 -
AYES: Council Members
and Mayor Smith
NAYS: None
(Council Member Dowe was absent.)
Bestpitch, Carder, Cutler, Harris, Wyatt --6.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council approve appropriation of $856,000.00 for School Instructional
Technology funds, which will be used for the purchase of school instructional
technology equipment to enable students in grades six through eight to take the
Standards of Leaming tests on-line, said continuing program to be one hundred per
cent reimbursed by State bond funds, was before the body.
A report of the Director of Finance recommending that Council concur in the
request, was also before the body.
Mr. Carder offered the following budget ordinance:
(#36137-111802) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 School Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, Page 527.)
Mr. Carder moved the adoption of Ordinance No. 36137-111802. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith .- ,6.
NAYS: None
(Council Member Dowe was absent.)
SCHOOLS: A communication from the Roanoke City School Board requesting
that Council approve a State Literary Fund loan application, in the amount of $1.3
million, for improvements to Lincoln Terrace Elementary School, was before the body.
249
It was further advised that the loan application includes resolutions for
architectural supervision and a site waiver; debt service on the loan will increase the
School Board's debt service expenditure by $104,000.00, commencing in fiscal year
2004-2005, but no debt service liability is incurred until funds are drawn against the loan
account.
Mr. Bestpitch offered the following resolution:
(#36138-111802) A RESOLUTION authorizing the School Board for the City of
Roanoke to make application for a loan from the State Literary Fund for modernizing
Lincoln Terrace Elementary School.
(For full text of Resolution, see Resolution Book No. 66, Page 528.)
Mr. Bestpitch moved the adoption of Resolution No. 36138-111802. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith ..................... 6.
NAYS: None ........................... 0.
(Council Member Dowe was absent.)
Mr. Bestpitch offered the following resolution:
(#36139-111802) A RESOLUTION authorizing the School Board for the City of
Roanoke to expend funds for adding to and improving the present school building at
Lincoln Terrace Elementary and declaring the City's intent to borrow to fund or
reimburse such expenditures.
(For full text of Resolution, see Resolution Book No. 66, Page 529.)
Mr. Bestpitch moved the adoption of Resolution No. 36139-111802. The motion
was seconded by Mr. Cutler and adopted by the following vote:
250 --
AYES: Council Members Bestpitch, Carder, Cutler, Harris, Wyatt
and Mayor Smith 6.
NAYS: None
(Council Member Dowe was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
EMERGENCY SERVICES-WATER RESOURCES: Council Member Cutler
announced a Pre-Disaster Mitigation and Remediation Conference and Workshop to be
held on November 21-22, 2002, at The Hotel Roanoke, to be sponsored by The Cabell
Brand Center, the Virginia Housing Development Network and Shenandoah Valley
Project Impact, to provide information on water shed management opportunities.
BUDGET- PENSIONS: At the suggestion of Vice-Mayor Harris and concurred in
by Council, the matter of a cost-of-living adjustment for City rstirees was referred to
2003-2004 budget study.
BUDGET-CITY EMPLOYEES: In view of the revenue shortfall, when preparing the
budget for fiscal year 2003-2004, Council Member Wyatt requested that the City
Manager consider all options, including service reductions, in lieu of laying off City
employees.
TRAFFIC-STREETS AND ALLEYS: Council Member Carder referred to
communications from residents of Brandon Oaks retirement community in regard to
speeding on Brandon Avenue, S. W., and requested that the City Manager review
arterial streets, including Brandon Avenue, with regard to potential traffic calming
measures.
251
TRAFFIC-ROANOKE CIVIC CENTER: Council Member Carder commended the
work of Roanoke Civic Center staff with regard to the coordination of a multitude of
events, and traffic calming measures at the Civic Center.
CITY EMPLOYEES: Council Member Bestpitch requested that the City Manager
submit a recommendation to Council at its meeting on Monday, December 2, 2002, with
regard to holiday leave for City employees.
PARKS AND RECREATION-ACTS OF ACKNOWLEDGMENT-
LANDMARKS/HISTORIC PRESERVATION: The Mayor extended an invitation to the
Members of Council and citizens to attend a ceremony dedicating a historic plaque at
the Mill Mountain Star on Wednesday, November 27, 2002, at 12:00 noon.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
No citizen registered to speak.
CITY MANAGER COMMENTS:
WATER RESOURCES: The City Manager called upon Michael McEvoy, Director
of Utilities, for a briefing on the water level at the Carvins Cove Reservoir; whereupon,
he advised that as of November 18, 2002, Carvins Cove was at 25.2 feet below spillway,
which is approximately nine feet from the lowest point beginning in mid October, 2002.
The City Manager advised that the City does not intend to lift full mandatory water
restrictions until the Carvins Cove Reservoir reaches 22 feet below spillway and
voluntary conservation will be in effect until the reservoir reaches 15 feet below
spillway. She further advised that while the City has experienced substantial rainfall
and the Governor has lifted State restrictions, the City of Roanoke, as a community,
should continue to conserve water.
TRAFFIC-ROANOKE CIVIC CENTER: The City Manager commended City staff on
traffic management at the Roanoke Civic Center, and surrounding areas.
252 -
RECYCLING: THE City Manager advised that the City of Roanoke is 18 tons short
of reaching its 300 ton per month goal for recyclables, at which point the City would pay
no acceptance fees to its recycling vendor. She stated that the majority of paper
products that have not been exposed to food waste can be recycled, and encouraged
citizens to recycle holiday wrapping paper, with the exception of foil paper.
At 3:55 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in the City Council's Conference Room for a briefing on relocation of
utilities, overhead to underground.
At 4:00 p.m., the meeting reconvened in the Council's Conference Room.
UTILITIES: The City Manager advised that the Members of Council previously
expressed a desire to learn more about the possibility for additional undergrounding
of utilities in the City of Roanoke, and particularly in some of the older neighborhoods;
therefore, City staff has prepared a presentation that will provide essential background
in considering the issue as the City moves forward in the Vision 2001-2020 Plan.
Robert K. Bengtson, Director of Public Works, advised that the Department of
Public Works, and the Department of Planning and Building Development have
researched the matter to identify issues and available opportunities. He called upon
Christopher Chittum, Senior Planner, for a detailed briefing and introduced Terry
McMahan, Manager of Distribution for American Electric Power, to respond to any
questions on behalf of AEP.
Mr. Chittum presented an overview of issues associated with relocation of
utilities and advised that the purpose of the briefing is to identify some of the
opportunities and alternatives in order to begin to make progress. He advised that after
researching other localities, it was determined that there is widespread concern,
projects are limited to smaller areas, and undergrounding is a key economic
development and revitalization tool. He stated that the various approaches include
relocation underground, relocation to alleys, consolidation on fewer poles, planting
more street trees, and the impact is cluttered street scapes and overall visual quality of
the City. He reviewed various options: underground relocation which comes at a very
high cost and is the most effective method, the issue of street lights, and cost to
property owners converting to underground service drops. He showed examples of
overhead utilities on Tazewell Avenue and utilities located in an alley on Wasena
Avenue. He advised that the second option is consolidation, which can reduce but not
eliminate visual clutter, there are issues with street trees, relatively Iow cost, and most
253
locations have utilities consolidated to one side. He noted that the third option is alley
relocation which costs less than underground relocation, is effective in reducing clutter
on streets, allows larger street trees, some utilities are already located in alleys, there
is less cost to property owners, and access issues.
He explained that current policies are set out in the Subdivision Ordinance which
requires utility lines for new subdivisions to be located at the rear, the ordinance
"strongly encourages" underground wiring, distribution lines must be located
underground in some districts; and past efforts of the City have been limited to core
areas in downtown.
Mr. Chittum advised that Roanoke Vision 2001-2020 recommends alley
relocation, relocation underground and consolidation, and implementation requires a
long range approach. He stated that priorities include looking at the remaining portions
of downtown that still have above ground utilities, and looking at village centers and
other residential neighborhoods. He added that other opportunities include installing
conduit as a part of road projects and redevelopment projects with VDOT sharing in the
cost, and the City bearing about one-half of the cost, and street trees can reduce the
visual impact (examples on Winona Avenue were presented).
He explained that funding is the biggest obstacle and funding sources could
supplement financing by the City and utilities, such as Transportation Enhancement
funds and special assessment districts for area-specific projects.
He advised that ideas for action include:
Identifying City priorities for the future,
Long range strategy in order to spread cost over time,
Short range for consolidation,
Include relocation in planning major projects,
Amend the Subdivision Ordinance to require underground wiring in new
subdivisions and require underground service distributions in all districts,
Regular funding in ClP and operating budgets, and Demonstration
projects.
254
Mr. McMahan advised that when one sees an overhead facility, one is actually
seeing primarily telephone cable and secondary voltage cable, which ara mora visible
and ara most objectionable when driving down the highway and wiras are highlighted
against the sky as they cross the roadway. He stated that an interim solution could be
to leave the poles and wira intact and place all service to the house underground. He
mentioned the possibility of working with the telephone company to place the
transformer underground as well. He contended that if those actions ara taken,
aesthetics would be improved by about 75 per cant and could be done at a cost of
approximately 25 per cent of installing utilities underground.
A suggestion was offerad that the black cable be raplaced with white or grey
cable, and that utility poles be painted which would be mora aesthetically pleasing and
blend into the skyline,
It was suggested that a plan should be developed that is within the financial
rasources of the City and its Comprahensive Plan.
Question was raised as to the cost per house to install underground wiring;
wheraupon, Mr. McMahan advised that from the perspective of the power company, it
would cost approximately $500.00 or less, and the cable television and telephone
companies would most likely not charge for the service.
The City Manager advised that Council could enact a policy decision raquiring
that all new subdivisions have underground wiring.
Brian Townsend, Diractor, Planning and Cede Enforcement, advised that further
information would be provided to Council in regard to costs to developers/home owners
for undergrounding of utilities.
The City Manager advised that at some point, the City should impose the same
requirements on developers that are imposed on others. She stated that the City should
rasist the mindeet that it must have lesser cost for development in order for
development to occur. She added that the City of Roanoke has given up a lot of things
for a long time and it must decide if it wants quality development which is expensive
and is a decision that the Council will have to make. She advised that in other areas,
developers ara installing street lights and undergrounding utilities and they ara selling
houses at a fast pace in those araas. Therafora, she stated that the City needs to think
about the importance of its futura and make a policy decision to addrass the issue.
255
The City Manager further advised that a master plan is needed which will set
forth which areas will be addressed first, the most efficient way to address the issue
because in some areas it may be better to select alleys, others may require
undergrounding, and others may require some form of consolidation. She stated that
if there is sufficient interest on the part of Council, City staff will develop a master plan
and staff will look to Council for direction.
It was the consensus of Council that City staff will prepare a master plan, t3king
into consideration the City's fiscal responsibilities and constraints, leading to a long
term plan.
Mr. McMahan advised of the willingness of American Electric Power to work with
the City because that which is arrived at jointly will be a better solution than that which
is arrived at unilaterally.
Council Member Wyatt asked that AEP consider changing the color of utility
wires to white or grey, in lieu of the basic black.
· There being no further business, at 4:50 p.m., the Mayor declared the meeting in
recess, and Council convened in Closed Session.
At 5:10 p.m., the Mayor declared the Council meeting in recess, for a joint
meeting of City Council and the Roanoke Arts Commission.
At 5:15 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, with Mayor Smith and Roanoke Arts Commission Chair Mark C.
McConnel presiding.
COUNCIL MEMBERS PRESENT: William D. Bestpitch, William H. Carder,
M. Rupert Cutler, C. Nelson Harris and Mayor Ralph K. Smith--- .5.
COUNCIL MEMBERS ABSENT: Alfred T. Dowe, Jr. and Linda F. Wyatt .......... 2.
ROANOKE ARTS COMMISSION MEMBERS PRESENT: Susan W. Jennings,
Kathleen W. Lunsford, Anna Wentworth, Betty Branch, Charles E. Jordan, Frank J.
Eastburn, Robert Humphrey, and Mark C. McConnel, Chair.
256 -
ROANOKE ARTS COMMISSION MEMBERS ABSENT: Susannah Koerber, George
Kegley, Ann L. Weinstein, Michael Brennan, and Courtney Penn.
OTHERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attomey; Jesse A. Hall, Director of Finance, Mary F. Parker, City Clerk; George C.
Snead, Jr., Assistant City Manager for Operations; and Rolanda Russell, Assistant City
Manager for Community Development.
COUNCIL-ROANOKE ARTS COMMISSION: Mr. McConnel worked with a power
point presentation explaining that the Arts Commission was created in 1983, pursuant
to Ordinance No. 26537 to advise and assist Council on matters relating to the
advancement of the arts and humanities within the City of Roanoke; the ordinance also
referred to funding for the arts, evaluation of the appropriateness of gifts, evaluation of
the appropriateness of City sponsorship of certain cultural events, care of historic
landmarks, and maintenance of the City's art collection. He presented examples of the
City's art collection.
He advised that historically, the work of the Roanoke Arts Commission has varied
greatly; over the past several years, the Commission has been involved with the High
School Art Show and 16 high schools participate in the Art Show which is coordinated
and funded to some degree by the Arts Commission; and the Arts Commission also
oversees the City's art collection which includes cataloging, maintenance, and
installation when new pieces of art are acquired. He further advised that in past years,
the Arts Commission has bccn involved in acquisition of new pieces of art for the City,
and it offers advice on the purchase of art, display, and the sale of art.
He called attention to recent activities including Art of the Week which is
e-mailed weekly to City officials and staff and offers the opportunity to see the work of
various artists; next year's City calendar will contain images of the City's art collection;
a catalog of City-owned art will be made available to the public; improvements will be
made to that area at the Roanoke Public Library which houses art and art book
collections which requires reconfiguring space, and adding shelves, etc.; there will be
a renewed attention to the City's collection of library books by initiating a program to
solicit donations of art related books, catalogs of recent shows, etc.; initiation of a
series of lectures by persons from the arts community; providing assistance to public
bodies with regard to public art issues, such as assisting the Roanoke Higher
Education Center with its capital campaign which will include installation of art in the
Higher Education Center at appropriate locations; and assisting the Police Department
in memorializing fallen police officers by providing guidance in the selection of a piece
of art that will be unique and of lasting durability and beauty.
257
With regard to important recent developments, Mr. McConnel advised that the
Arts Commission is pleased with the revised guidelines for the Percent for Arts
Program, which has existed for approximately six years without clear guidelines;
however, a recent revision provides the necessary clarification. He explained that
Percent for Arts is a national program in which approximately 390 cities across the
country participate and six states have adopted a Statewide Percent for Arts Program
relating to State construction projects. He noted that this method of funding art makes
sense because art is being funded only when a city is materially growing and the art
work to be installed and funded by the Percent for Arts program is tied to a City's
master plan.
Mr. McConnel advised that the Public Arts Plan will be a major thrust for the
Roanoke Arts Commission, because the Arts Commission has been aware for quite
some time that as large public art installations became available to the City, there was
no cohesive plan for installation to ensure geographic diversity so that all parts of the
City are addressed in an artistic way. He noted that the Arts Commission encourages
the involvement of all neighborhoods and community groups that will be affected bythe
public arts plan; and the Commission is also concerned about typological diversity
because not every piece of art is a beautiful statue, or a mosaic, or a fiat piece of art
hanging on a wall. He called attention to the desire to address creation of diverse
outdoor performance art expenditures in the public arts plan and because it is difficult
to collect performance art, there is a tendency to think only in terms of investing in
visual arts. He noted that another primary issue is the viewing of the public arts plan
as a way to leverage Percent for Arts dollars to achieve a greater outcome for the public
good; national grants for public art installations have matching requirements; and
expertise on the Arts Commission can be used to look for these opportunities, to
partner with outside funding sources, and to leverage the City's contributions to the
Percent for Arts program to achieve greater good for the entire City. He advised that
when the master plan is complete, the Arts Commission would like for the plan to be
included as an adjunct to the City's Vision 2001-2020 Comprehensive Plan; and the Arts
Commission would like to build consensus in regard to the public arts plan by
encouraging neighborhood input.
He explained that the Agency Funding Advisory Committee is a subcommittee
of the Arts Commission and was formerly known as the Cultural Services Committee;
the Agency Funding Advisory Committee is composed of members of the Arts
Commission, with assistance of the City's Economic Development Department, and
receives proposals from various cultural institutions in the City of Roanoke for funding
assistance. He stated that the Advisory Committee is charged with the responsibility
of reviewing applications and alloting funds allocated by Council to the various
258
organizations depending on the programs proposed to be funded. He noted that in an
effort to work with these institutions, the Arts Commission holds its meetings in various
locations to observe first hand the work of the various agencies/organizations, which
enables the Arts Commission to better envision the specific needs of the agencies
when they petition for funds. He explained that the application for funding through the
Agency Funding Advisory Committee will be revised in an effort to streamline the
process, because it is important to protect the interests of the City and for the City to
know how funds are used by the various agencies.
Mr. McConnel addressed the futura of the Arts Commission, and called attention
to discussions with regard to the Arts Commission coming under the purview of the
City's Economic Development Department because art and public art is significantly an
economic development tool. He advised that in 1999, Virginia Tech completed a study
which showed that the arts, in a period of one year, contributed approximately $15
million to the Roanoke Valley.
Mr. McConnel advised that the Percent for Art Committee, as originally
organized, has ceased to exist because the funding mechanism has become
straightforward and simplified by the revised guidelines, and art installation and
selection will fall into the master plan concept.
He called attention to the following standing subcommittees of the Arts
Commission; Nominating, Agency Funding Advisory Committee, Public Arts Planning,
Library, Maintenance, and Public Information, and noted that the Arts Commission is
anxious to receive input from City Council and the citizenry in general.
As to the future of the Arts Commission, Mr. McConnel advised that the
Commission is currently in the research and planning stage of the Public Arts Plan, and
it encourages intense public and Council involvement, which will involve approximately
an 18 to 24 month time frame. He stated that the Deputy Chief, Division of Cultural
Affairs, Arlington, Virginia, has been contacted for assistance, since the City of
Arlington has recently undertaken a large public arts plan, and the Deputy Chief will
meet with the Arts Commission to discuss Roanoke's establishment of a public arts
plan.
He advised that the Arts Commission views itself as facilitators with the desire
to infuse art in every aspect of the lives of Roanoke's citizens. The Chairman advised
that the Arts Commission would like to regularize funding, meet with the City Engineer
to understand multi-year projections, and initiate a program for long term maintenance
of the City's art collection.
259
Mr. Humphrey distributed copy of a map of the Seattle, Washington, area
depicting the locations of public art.
Mr. McConnel explained that in the year 2003, the arts master plan will not be in
place, but there will be opportunities for public art installations and the use of public
funds for this economic development tool; the Arts Commission proposes to use a
portion of the City's allocation to help fund the master plan; the Dorothy Gillespie mural
on the side of Kirk Avenue Antiques is in need of restoration; there is an opportunity for
a signature sculpture at the Roanoke Civic Center to coincide with certain renovations;
the Highland Park stage needs to be enhanced; and the Arts Commission has been
working with the Parks and Recreation Department in regard to public art along the
greenways. He called attention to the Seattle, Washington map that was previously
distributed that shows "earth works", which is envisioned by the Arts Commission as
art along Roanoke's greenways, rather than plant materials or flower beds which are
considered to be landscaping.
He reiterated the potential for a sculpture or some type of art intervention at the
Roanoke Civic Center, which is a public place that is seen by thousands of persons
annually. He called attention to the importance of building a collaborative relationship
with City Council, one in which the Arts Commission would develop all art procured by
the City and act as the City's agent, soliciting artists' ideas and engage in a selection
process, while keeping Council informed at the various stages as to what is taking
place and provide an opportunity for input at any time in the process, and contract with
artists to develop art works that are appropriate for specific locations. He explained that
public art is site specific and the original Percent for Art Program in many cities ties art
to a specific location, which will occur in the City of Roanoke with the proposed arts
master plan.
Council Member Cutler inquired as to how the Arts Commission will prepare the
envisaged public art supplement to the new Comprehensive Plan (Vision 2001-?~020),
process and timetable.
Mr. Humphrey responded that there is a time frame of about 18-24 months to
complete the public art plan for inclusion in the City's Comprehensive Plan; and the
Arts Commission encourages input by Council and the public; the plan is currently in
the research stage, there is a desire to infuse art throughout the City and to discourage
communities from vying against one another for public art, and the Arts Commission
proposes to hold public meetings to develop a consensus by citizens regarding public
art.
260 -
Mr. Cutler inquired if an inventory of potential sites would be prepared;
whereupon, Mr. Humphrey answered in the affirmative. Mr. McConnel stated that there
are obvious potential sites, particularly if one looks at the Vision Plan with the emphasis
on village centers. He cited the new art museum as a location for artistic
intervention, and noted that the Vision 2001o2020 Plan could be used as a stepping
stone.
Mr. Cutler referenced the Dr. Martin Luther King, Jr., memorial issue; whereupon,
Mr. McConnel advised that it should be left up to the citizenry to say where a certain
piece of art should or should not be located, because the recommendation of the Arts
Commission is to not stipulate meaning and design, but rather location and intent.
Mr. Humphrey called attention to discussions by the Arts Commission in regard
to using a portion of the Percent for Art funds for a matching neighborhood fund grant;
i.e.: if a neighborhood was desirous of creating a memorial for someone, they could
submit a proposal to the Arts Commission and request a matching fund grant.
The City Manager inquired if the Arts Commission was of the mind to use Percent
for Art monies to hire a consultant to create the master plan; whereupon, Mr. McConnel
advised that the Arts Commission would like to retain the services of a consultant with
expertise in designing public arts plans, and it would appear to be appropriate to use
a portion of the first allocation of funds for the purpose of funding or partially funding
the master plan, because it is just as important to lay the proper groundwork as it is to
purchase the art.
· Mr. Cutler inquired as to how the Arts Commission proposes to proceed with the
probable opportunity to provide an outdoor sculpture at the Roanoke Civic Center
and/or at the new stadium/amphitheater. What does the Arts Commission envision the
role of City Council to be in the process?
Mr. McConnel responded that first the Arts Commission should submit a
recommendation to Council and if Council is of the opinion that it is a worthwhile
application of Percent for Art funds, the Arts Commission would begin to determine
how, where, and what kind of art should be selected, submit a recommendation to
Council, and a request for proposals would then be forwarded to the arts community.
Mr. Cutler inquired if the Arts Commission has considered revising the City grant
application guidelines for local charitable nonprofit organizations to allow those
organizations to request unrestricted operating support to fund core staff and overhead
expenses, as well as grants restricted to special projects?
261
Ms. Jennings responded that the Roanoke Arts Council has been engaged as the
monitoring agency for the City's grant money which is allocated to various
organizations; previously, organizations could apply for general operating support,
however, approximately five years ago, an emphasis was placed on programming,
therefore, applications were submitted for programming and not for general operating
support. She explained that many times, funds that are intended for general operating
support are dressed in the guise of a program, and it would be much easier if agencies
could state that the request is intended to be used for general operating support.
Vice-Mayor Harris stated that it is a policy decision that rests with City Council.
He explained that from the Council's vantage point, the agency was not being s~rved
in a healthy way by allowing the agency to build operational capacity off of a year to
year funding source; Council was of the opinion that it could not guarantee that funding
would be in place for the future; and consequently, when funding was not available,
Council was faced with dealing with the problems of agencies that could not continue
to operate. He noted that the policy adjustment was made to try and facilitate
organizations to operate on a better footing while Council, through this mechanism,
tried to assist with special projects or programs. He advised that he did not disagree
on the premise that art organizations in today's environment need help, but Council
made the policy decision so as not to mislead organizations.
The Vice-Mayor called attention to the need for a signature art piece at the
Roanoke Civic Center; and the need to create public art and public art space in the
neighborhoods, because so much of the City's public art is located in the core
downtown area or some of the larger municipal facilities. He cited the intersection of
Main Street and Brandon Avenue as an ideal location for a piece of public art, and called
attention to gateways into Roanoke's neighborhoods or in locations where main
arteries intersect that have space for public art. He concurred in the statement that a
portion of the Public Arts Plan should be to broaden, geographically, those points of
influence where public art could be placed. He stated some of Roanoke's older
neighborhoods are approaching their centennial and there should be opportunities to
discuss with neighborhood businesses or civic organizations the concept of becoming
a funding partner in creating a piece of art that would emphasis their centennial.
Council Member Bestpitch expressed concern with regard to restricting a large
portion of funds received by cultural service agencies to special projects because in
order to be meaningful, there should be a type of needs assessment or evaluation of the
most important issues, otherwise criteria and priorities will be made up, and even with
the competitive process, an evaluation will be made against unsubstantiated
262
methodologies in terms of how to rank the different requests. In summary, he stated
that the effectiveness of programs should be reviewed to identify ways to leverage
funding to help an agency perform its tasks and there should be more discussion on
the issue in order for Council to reach a policy decision.
Vice-Mayor Harris suggested that the Arts Commission advise Council Member
Bestpitch, Chair, City Council's Budget and Planning Committee, ifa policy decision by
Council is necessary.
Mr. Carder advised that it is much easier for the City to quantify and qualify
criteria that is program-based, rather than operations-based, because it is difficult to
weigh the good of one organization compared with another. As with all other Council-
Appointed committees, commissions, boards, and authorities, he stated that it is
important for the Arts Commission to work through the City Manager prior to
submitting recommendations to Council; whereupon, Mr. McConnel explained that the
Arts Commission works under and with the Economic Development Department
relative to the entire grant application process, the application is under review by the
Department of Management and Budget, and the Arts Commission submits its
recommendations through City staff to Council.
Council Member Carder suggested that the City's art collection be displayed in
neighborhoods, public schools, and the Higher Education Center, etc., thereby making
the collection more accessible to Roanoke's citizens. Mr. McConnel responded that art
is currently on display in the Municipal Building, the Courthouse, the Civic Center, and
the Library, and the City's art collection is large enough that pieces could be pulled for
a traveling art show throughout the City of Roanoke.
With reference to the location of public art pieces, Mayor Smith advised that
when he acquires a piece of art, he considers the specific item, the location for display
of the item, and funding issues. He stated that funding issues must be more structured
in the arts plan of a govemmental body than that of an individual, but art happens with
ideas, and it is hoped that the City's art funds will not be totally depleted so that funds
will be available if the fight piece of art comes along for a specific location.
Mr. McConnel advised that the Public Arts Plan will be updated annually, and as
opportunities come to the forefront, they can be utilized, thereby making the arts plan
more flexible.
263
Mr. Jordan called attention to situations where organizations appear before the
Agency Funding Advisory Committee for funds, and it is known that the money will be
used for operating expenses, but the organization has prepared a program tojusti~ the
request, therefore, the organizations should be relieved of the burden of that
responsibility. He cited the Harrison Museum of African-American Culture as an
example of an organization that should not have to come before the Agency Funding
Advisory Committee, but should be a line item in the City's budget.
Ms. Wentworth advised that she is currentlyworking on cataloging art owned by
the City, and expressed concern with regard to proper maintenance of the City's art
collection. She added that much of the art is not accessible to the public, and she
spoke in support of the purchase of more art for public buildings throughout the City.'
With regard to funding organizations through the Agency Funding Advisory
Committee, Ms. Lunsford advised that there should be some middle ground, and rather
than requiring that funds be used for a program, there could be a requirement for
justification as to how the funds will be expended; and speaking as a member of the
Agency Funding Advisory Committee, the funding process should not be so
complicated. She stated that she is working on the Public Arts Plan, and a pool of
names is being developed of persons in City government and in the neighborhoods
who might be called upon for input and assistance.
With reference to the issue of operating versus program funding for the various
agencies requesting funds through the Agency Funding Advisory Committee,
Ms. Jennings advised that when the switch was made to program funding, some
organizations pulled out of the cultural services funding category and went into line
item funding within the City's budget, such as Center in the Square and Virginia
Amateur Sports. She stated that this presents an inequitable situation when some
organizations are treated as line items in the budget and receive operational funds,
while others are trying to come up with programs, therefore, the inequity should be
addressed.
Dr. Eastburn expressed concem with the role of the Arts Commission as an
advocate, and explained that organizations have lost their direct contact with City
Council. He called attention to the need to develop a mechanism in which the Arts
Commission can filter complaints and concerns of various organizations and relate
those concerns to City Council, as opposed to the organizations coming directly to City
Council.
264 -
Mr. Humphrey stated that the Arts Commission is composed of well-qualified
individuals who are trying to be fiscally responsible stewards of art in the City of
Roanoke, with the goal of developing a better art collection, maintaining the collection,
and supporting cultural organizations in the City of Roanoke. He stated that citizens
and the City as a whole benefit from having an art collection and cultural organizations,
all of which bring more economic development to the area.
There being no further business to be discussed, at 6:35 p.m., the Mayor
declared the City Council meeting in recess and Council reconvened in Closed Session
in the Council's Conference Room, fourth floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke.
At 7:00 p.m., on Monday, November 18, 2002, the City Council meeting
reconvened in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with Mayor Ralph K. Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder, M. Rupert
Cutler, C. Nelson Harris, and Mayor Ralph K. Smith -5.
ABSENT: Council Members Alfred T. Dowe, Jr., and Linda F. Wyatt mm2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk.
The invocation was delivered by Council Member Beetpitch.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Smith.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, November 18, 2002, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the request of the Westam Virginia Foundation for the Arts and Sciences, that
a portion of Shenandoah Avenue, N. E., lying adjacent to parcels of land bearing Official
Tax Nos. 3613603 and 3013604, be permanently vacated, discontinued and closed, the
matter was before the body.
265
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, November 1, 2002 and Friday, November 8, 2002.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the petitioner requests
the portion of right-of way on Shenandoah Avenue to add to its site for the
redevelopment of Official Tax Nos. 3013603 and 3013604; the two parcels of land house
the former Norfolk and Western Passenger Station; and the petitioner plans to
rehabilitate the structure to accommodate a visitors bureau and museum, was before
the Council.
The City Planning Commission recommended that Council approve the request,
subject certain conditions.
Stephen W. Lemon, Attorney, appeared before Council in support of the request
of his client.
Mr. Carder offered the following ordinance.
(#36140-111802) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter; and dispensing with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 64, Page 530.)
Mr. Carder moved the adoption of Ordinance No. 36140-111802. The motion was
seconded by Mr. Bestpitch.
The Mayor inquired if there were persons present who would like to be heard in
connection with the matter. There being none, he declared the public hearing closed.
There being no discussion by Council, Ordinance No. 36140-111802 was adopted
by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, and Mayor Smith ..... 5.
NAYS: None ........................ ~.
(Council Members Dowe and Wyatt were absent.)
266 --
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for Monday,
November 18, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
the request of Michael A. Wells that the rear 25 feet x 50 feet portion of Official Tax No.
2761421 be rezoned from RS-3, Residential Single Family District, to C-2, General
Commercial District, subject to certain conditions proffered by the petitioner; and that
conditions set forth in Ordinance No. 32294-121994 for property located at the corner
of Virginia Avenue and Weetside Boulevard, N. W., designated as Official Tax No.
2761409, be repealed and replaced with new conditions, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, November 1, 2002 and Friday, November 8, 2002.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that sole use of the subject
property to be rezoned shall be an automobile cleaning facility, was before Council.
It was further advised that zoning of most of Virginia Avenue is RS-3, Residential
Single Family District; the southeastern corner of Virginia Avenue and Westside
Boulevard is zoned C-1, Office District, with conditions (rezoned in 1989); properties
on Melrose Avenue are zoned C-2, General Commercial District; land uses reflect the
zoning pattem; the land use along Virginia Avenue is primarily residential; land use of
properties facing Melrose Avenue is commercial; the property is not an appropriate area
for commercial expansion because of its residential nature; the property is not located
in an identifiable commercial center; though the property is adjacent to strip commercial
development, it demarcates the change between residential and commercial uses; the
Melrose Avenue corridor has an abundance of commercially-zoned property that is
currently vacant; according to real estate records, 34 properties are both
vacant/underutilized and zoned C-2 within one-half mile of the property; eight such
properties are located within one mile of the site; and rather than encourage
encroachment into an established residential area, a majority of the City Planning
Commission believes that existing commercially-zoned property is available and should
be occupied before expansion of the commercial district is considered.
The City Planning Commission recommended that Council deny the request,
advising that the proposed rezoning is not in accordance with Vision 2001-2020; and
there are numerous other vacantJunderutilized properties in the immediate area that are
currently zoned C-2.
267
Mr. Carder moved that the following ordinance be placed upon its first reading:.
(#36141) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 276, Sectional 1976 Zone Map, City of Roanoke, in order to
amend certain conditions presently binding upon certain property bearing Official Tax
No. 2761409, previously conditionally rezoned C-2, General Commercial District, by the
adoption of Ordinance No. 32294-121994, and to rezone a portion of property bearing
Official Tax No. 2761421 from RS-3, Residential Single Family District, to C-2, General
Commercial District, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 64, Page 534.)
The motion was seconded by Mr. Cutler.
RoyV. Creasy, Attorney, appeared before Council in support of the request of his
client. He advised that Mr. Wells owns two parcels of land on Virginia Avenue, and in
1994 the rear portion of one of the lots, 50 feet wide, was rezoned which enabled his
client to construct a facility for vehicle cleaning and detailing. He stated that Mr. Wells
is now requesting another 50 foot extension of adjacent land which would permit him
to construct a building to store vehicles in inclement weather and would enable him to
conduct his business in a more efficient and productive manner. He called attention to
proffers that address screening of the property and hours of operation so as not to
unreasonably interfere with the neighborhood. On behalf of his client, he asked that
Council approve the request.
The Mayor inquired if there were persons who would like to be heard in
connection with the matter.
Ms. Betty McCormick, 3826 Virginia Avenue, N. W., advised that the car wa=hing
establishment is too close to the intersection of Melrose Avenue and Westside
Boulevard, and called attention to the potential of a traffic accident when vehicles on
Melrose Avenue are stopped so that cars may enter and exit Mr. Wells' facility. She
stated that Mr. Wells parks vehicles throughout the neighborhood, there is inadequate
drainage, and construction work takes place around the facility, but there are no visible
signs of a building permit. She called attention to the City's water shortage and the
availability of property in the area that is currently zoned for such a facility. She invited
the Members of Council to her home to see firsthand what she is forced to look at on
a daily basis. She advised that residents of the area are not against Mr. Wells, but they
are against the expansion of his car washing business into their backyards.
268
Mr. Mike Shepherd, 3829 Virginia Avenue, N. W., expressed opposition to the
request. He advised that Mr. Wells has been trying to rezone his residential property for
business purposes for quite some time in an effort to expand his business, and by
further rezoning of the property, the City is allowing Mr. Wells to infringe on the rights
of his neighbors and the community overall. He called attention to instances when
Mr. Wells has violated the City's water restrictions by washing his personal vehicles.
He advised that the City Planning Commission voted to deny the request and asked that
Council take the same action.
Mr. David Mitchell, 3910 Virginia Avenue, N. W., advised that his home is located
next door to Mr. Wells' establishment; houses in the area are built on solid shell and if
further construction is allowed, he is concerned that the shell will shift, thus causing
the foundation of his house to shift. He expressed concern with regard to Mr. Wells'
business and whether it will benefit the neighborhood in any way.
Mr. Daniel Hale, 4425 Aleva Street, N. W., spoke in support of the request of
Mr. Wells and advised that all complaints have bccn addressed. He stated that
Mr. Wells has tried to improve and to invest in the neighborhood in various ways and
to conduct his business in a forth right manner. Therefore, he requested that Council
vote in support of the request of Mr. Wells to expand his business.
Mr. Fred Galloway, 3402 Kershaw Road, N. W., advised that Mr. Wells needs to
expand his business, but he cannot afford to rent another building that is appropriately
zoned. He stated that too many buildings in the City of Roanoke have already been
boarded up, therefore, he appeared before Council on behalf of Mr. Wells to request that
he be permitted to increase the size of his building, in order to conduct his business in
a more efficient manner.
Mr. Robert Gravely, 617 Hanover Avenue, N. W., spoke on behalf of the request
of Mr. Wells. He stated that each time a person of color tries to make improvements
within the community, there is some type of adverse reaction by the community; and
each time they try to do something pertaining to their culture, or to their business, or
simply to better themselves, they come up against obstacles within the community, or
within the system itself.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke in support of the request of
Mr. Wells. She advised that Mr. Wells' petition to expand his car washing business
represents economic development, which is always encouraged and supported by City
269
Council and City staff. Also, she added that Mr. Wells pays taxes to the City of Roanoke
and he will pay even more taxes if he is allowed to expand the size of his business.
With reference to a previous complaint involving Melrose Avenue traffic, she advised
that Mr. Wells' business is located on the west side of Melrose Avenue and traffic
coming from Melrose Avenue would enter on the east side of the street. She stated that
Mr. Wells proposed improvements do not infringe on the residential community
because at least three businesses currently operate in the area in addition to Mr. Wells
establishment. She asked that Council view the matter from an economic development
standpoint and for the betterment of the City of Roanoke and approve the request.
Ms. Brenda Hale, 3595 Parkwood Drive, S. W., spoke in support of the request of
Mr. Wells inasmuch as he is a minority entrepreneur who has accomplished a great
deal. She advised that Council has a responsibility to represent persons from over 70
nations who reside in the Roanoke community; the African-American community has
a lot of history; Mr. Wells is changing and evolving in his business which has been well
documented over the years, and his growth and development should not be stifled as
a minority entrepreneur. She stated that Roanoke is a beautiful city and its citizens
want to move forward, but there is bias in the City of Roanoke which can be changed
if all citizens work together to enable the Star City to provide a united environment. She
asked that Council exercise its fiduciary responsibilities this evening, and, in the future,
it is hoped that more minority business owners will come forth with the knowledge that
they can be successful as a minority businessman, businesswoman, or entrepreneur
in the City of Roanoke.
There being no further speakers, the Mayor declared the public hearing closed.
There being no discussion by Council, Ordinance No. 36134 was adopted, on its
first reading, by the following vote:
AYES: Council Members Carder, Cutler, Harris, and Mayor Smith ........ -4.
NAYS: Council Member Bestpitch
(Council Members Dowe and Wyatt were absent.)
BUILDINGS/BUILDING DEPARTMENT-DONATIONS/CONTRIBUTIONS-CITY
PROPERTY: The City Manager submitted a communication advising that Robert E.
Zimmerman, owner of property located at 351 Salem Avenue, S. W., has offered to
270 -
donate to the City a parcel of land containing approximately .210 acrs of land, which
property is identified as Official Tax No. 1010106, and is located adjacent to a City-
owned parcel of land that is currently utilized as a satellite office and parking for City
vehicles. She further advised that the building on the property was rscently destroyed
by firs, leaving the assessed value of the land at $47,000.00; and the City intends to
demolish the building after the property is conveyed.
The City Manager rscommended that she be authorized to accept donation of the
above rsfarsnced property, subject to satisfactory environmental site inspection.
Mr. Carder offered the following ordinance:
(#36142-111802) AN ORDINANCE authoring acceptance of the donation of a
parcel of land by Robert E. Zimmerman,
(For full text of Ordinance, see Ordinance Book No. 66, Page 533.)
Mr. Carder moved the adoption of Ordinance No. 36142-111802. The motion was
seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Harris, and Mayor Smith 5.
NAYS: None.. ------0.
(Council Members Dowe and Wyatt wers absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
rsferral to the City Manager will be rsferred immediately for any necessary and
appropriate rssponse, rscommendation or rsport to Council.
POLICE DEPARTMENT-TRAFFIC-COMPLAINTS-REFUSE COLLECTION-
NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY- NEWSPAPERS-
DOWNTOWN NORTH: Ms. Helen E. Davis, 35 Patton Avenue, N. E., concurred in earlier
rsmarks prssented by Mr. E. Duane Howard with rsgard to a memorial for fallen law
enforcement officers (agenda item 6.a.3). With rsgard to enacting budget cuts, she
rsquested that consideration be given to the cost of publishing the Roanoke City
Magazine versus the cost of including a City of Roanoke information insert in
271
The Roanoke Times. She referred to agenda item 6.a.4 which was approved by Council
at the 2:00 p.m. session, in regard to the use of competitive negotiation as the method
to secure vendors to engage a company to develop City-owned property along
Gainsboro Road, and called attention to a past commitment of the City administration
that the three Gainsboro neighborhood organizations would be notified as to any
actions proposed by the City for the Gainsboro community; however, residents were
not aware of the above referenced agenda item. She advised that Gilmer Avenue, N. W.,
is a narrow street and called attention to the potential of traffic accidents due to large
refuse collection vehicles, which also cause traffic to back up while the one-arm bandit
empties trash containers. She stated that refuse is not being collected at an acceptable
level in northwest Roanoke. She requested information on costs incurred by the City
of Roanoke for consulting contracts.
COMPLAINTS-NEIGHBORHOOD ORGANIZATIONS-COMMUNITY PLANNING:
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., referred to action taken by Council earlier
in the meeting regarding the property on Gainsboro Road (agenda item 6.a.4). She
advised that it was stated that residents of Gainsboro are interested in housing;
however, during the Comprehensive Plan meeting, residents of the Gainsboro
community emphasized the need for inflll housing, as opposed to a new housing
complex, to complete vacant lots throughout the neighborhood. She requested that the
Presidents of the three neighborhood organizations in Gainsboro be adequately and
timely informed when the real estate developer is selected by the City, and that the real
estate developer meet with residents of Gainsboro. She suggested that the Roanoke
Neighborhood Development Corporation be contacted to determine its interest in
developing the land.
SIDEWALK/CURB AND GUTTER-BUDGET-COMPLAINTS-TAXES-
NEIGHBORHOOD ORGANIZATIONS-COMMUNITY PLANNING: Mr. Robert Gravely, 617
Hanover Avenue, N. W., expressed concern with regard to the Gainsboro community,
and questioned actions in regard to constructing an $80,000.00 house in the 1100 block
of Gilmer Avenue, N. W., when the average home costs in the range of $32,000.00 -
$40,000.00. He suggested that the area be placed in a tax bracket so as to fit the needs
of the citizens. He called attention to the lack of sidewalks, and other amenities in the
area, and advised that the needs of the citizens of the Gainsboro Community should be
kept in mind by City Planners.
ACTS OF ACKNOWLEDGMENT-CITY MANAGER-CITY COUNCIL-HOSPITALS:
Mr. Chris Craft, 1501 East Gate Avenue, N. E., expressed appreciation for the "Shining
Star" award which was presented earlier in the meeting to the Roanoke Valley Mopar
272 --
Club, in connection with fund raising efforts for St. Jude's Hospital. He commended the
Membem of Council and the City Manager on their accomplishments on behalf of the
citizens of the City of Roanoke.
At 7:45 p.m. the meeting was declared in recess to be mconvened in Closed
Session.
At 8:20 p.m., the City Council meeting mconvened in the City Council Chamber,
Noel C. Taylor Municipal Building, 215 Chumh Avenue, S. W., City of Roanoke, with
Mayor Smith presiding and all Membem of the Council in attendance, with the exception
of Council Membem Dowe and Wyatt.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Cutler moved
that each Member of City Council certify to the best of his or her knowledge that:
(1) only public business mattem lawfully exempted from open meeting requirements
under the Virginia Freedom of Information Act; and (2) only such public business
mattem as were identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was seconded by
Mr. Bestpitch and adopted by the following vote:
AYES: Council Membem Bestpitch, Carder, Cutler, Harris, and Mayor Smith--m5.
NAYS: None
(Council Membem Dowe and Wyatt were absent.)
COMMITTEES-JUVENILE CORRECTIONAL FACILITIES: The Mayor advised that
the terms of office of Jesse A. Hall and Glenn D. Radcliffe as membem of the Roanoke
Valley Juvenile Detention Center Commission expired on June 30, 2002, and called for
nominations to fill the vacancies.
Mr. Bestpitch placed in nomination the names of Jesse A. Hall and Glenn D.
Radcliffe.
Them being no further nominations, Messm. Hall and Radcliffe were reappointed
as membem of the Roanoke Valley Juvenile Detention Center Commission for terms
ending June 30, 2006, by the following vote.
273
FOR MESSRS. HALL AND RADCLIFFE: Council Members Bestpitch, Carder,
Cutler, Harris, and Mayor Smith .......................... 5.
(Council Members Dowe and Wyatt were absent.)
POLICE DEPARTMENT-COMMITTEES: The Mayor advised that the term of office
of A. L. Gaskins as a member of the Regional Policy Board, Alcohol Safety Action
Program, expired on June 30, 2002, and called for nominations to fill the vacancy.
Mr. Bestpitch placed in nomination the name of A. L. Gaskins.
There being no further nominations, Mr. Gaskins was reappointed as a member
of the Regional Policy Board, Alcohol Safety Action Program, for a term ending June 30,
2004, by the following vote:
FOR MR. GASKINS: Council Members Bestpitch, Carder, Cutler, Harris,
and Mayor Smith ............................................. ----5.
(Council Members Dowe and Wyatt were absent.)
OATHS OF OFFICE-COMMITFEES-ROANOKE VALLEY RESOURCE AUTHORITY:
The Mayor advised that the term of office of Robert K. Bengtson as a member of the
Roanoke Valley Resource Authority will expire on December 31, 2002, and called for
nominations to fill the vacancy.
Mr. Bestpitch placed in nomination the name of Robert K. Bengtson.
There being no further nominations, Mr. Bengtson was reappointed as a member
of the Roanoke Valley Resource Authority, for a term ending December 31,2006, by the
following vote:
FOR MR. BENGTSON: Council Members Bestpitch, Carder, Cutler, Harris,
and Mayor Smith ........................................................ 5.
(Council Members Dowe and Wyatt were absent.)
274 -
There being no further business, the Mayor declared the meeting adjourned at
8:25 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
275
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 2, 2002
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
December 2, 2002, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter
2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Reqular Meetinqs, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler and Mayor Ralph K. Smith ......................................................... -4.
ABSENT: Council Members Alfred T. Dowe, Jr., C. Nelson Harris and Linda F.
Wyatt ............................................................................................................ 3.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss vacancies on
certain authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was the
before the body.
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder
and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler and Mayor Smith ............ -4.
NAYS: None ......................................................................................... -0.
(Council Members Dowe, Harris and Wyatt were absent.)
276
ACTS OF ACKNOWLEDGMENT-CITY COUNCIL: A communication from
Council Member William H. Carder requesting that Council convene in a Closed
Meeting to discuss a special award, being the Shining Star Award, pursuant to
Section 2.2-371'1 (A)(10), Code of Virginia ('1950), as amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of Council Member
Carder to convene in a Closed Meeting to discuss a special award, being the Shining
Star Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Cutler and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Cutler and Mayor Smith ........... -4.
NAYS: None .............................................................................. -0.
(Council Members Dowe, Harris and Wyatt were absent.)
At '12:'17 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in the Emergency Operations Center Conference Room, Room 159, for
a meeting of City Council, the Roanoke City School Board and Senator John S.
Edwards, Delegate A. Victor Thomas and Delegate Clifton A. Woodrum, III.
The Council meeting reconvened at 12:20 p.m., in the Emergency Operations
Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, for a joint session of City Council and the Roanoke
City School Board with area representatives to the Virginia General Assembly.
CITY COUNCIL MEMBERS PRESENT: William H. Carder, C. Nelson Harris,
Linda F. Wyatt, William D. Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr., and Mayor
Ralph K. Smith ............................................................................................. 7.
ABSENT: None ............................................................................. -0.
SCHOOL TRUSTEES PRESENT: F. B. Webster Day, Marsha W. Ellison,
William H. Lindsey, Melinda J. Payne, Ruth C. Willson, and Gloria P. Manns,
Chair- ................................................................................................... -6.
ABSENT: Robert J. Sparrow ......................................................... 1.
277
LEGISLATORS PRESENT: Senator John S. Edwards, Delegate A. Victor
Thomas, Delegate Clifton A. Woodrum, III; Allison Baird, Legislative Aide to Senator
Edwards; Brian Shephard, Legislative Aide to Delegate Thomas; and Christine
Meredith, Legislative Aide to Delegate Woodrum.
STAFF PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; Jesse A. Hall, Director of Finance, Mary F. Parker, City Clerk;
Willard N. Claytor, Director of Real Estate Valuation; Troy A. Harmon, Municipal
Auditor; Rolanda A. Johnson, Assistant City Manager for Community Development;
George C. Snead, Jr., Assistant City Manager for Operations; George McMillan,
Sheriff; Christopher Slone, Communications; Barry L. Key, Director of Management
and Budget; Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools;
Richard L. Kelley, Assistant Superintendent, Roanoke City Public Schools; Cindy
Lee, Clerk, Roanoke City School Board; Scott Meadows, Coordinator of Marketing
and Community Engagement, Roanoke City Public Schools.
Also present was Thomas A. Dick, City of Roanoke Legislative Liaison.
LEGISLATION.SCHOOLS-COUNCIL: On behalf of the School Board,
Chairperson Manns expressed appreciation for the opportunity to meet with Council
and the City's representatives to the General Assembly to discuss school-related
issues which continue to be a challenge.
Mr. Dick presented a brief overview of the City's 2003 Legislative Program, as
follows:
1. Roanoke Civic Center, Amphitheatre and Stadium
Improvements Fundinq The City's civic events
infrastructure -the civic center, amphitheatre and stadium
- require substantial investment to meet the needs of the
community. The City has funded $21.2 million in
improvements to the Civic Center and the construction of
a new stadiumlamphitheatre. The next phase of
improvements to the Civic Center will involve construction
of new exhibit space and additional improvements to cost
$14.9 million. Additional flexibility in the local funding
mechan isms allowed by the State to cover debt service for
those projects is needed. The legislature should grant
authority to allow any locality the discretion to levy its
admissions tax at designated public facilities at a higher
278
rate than is applicable elsewhere in the locality. Such a
provision would allow the locality to impose a lower
admissions tax rate at privately owned facilities.
2. Two-Tiered Real Estate Tax Authority - To improve
opportunities for development and redevelopment, the
City requests authority to impose a two-tiered real estate
tax. Such authority, which the General Assembly has
already granted the City of Fairfax, would be permissive
and allow the City to tax the improvements to real property
at a separate rate (but not exceeding) the rate on the real
property itself. Authority to impose a tax rate on the
improvements to the property at a lower rate than that on
the real property would create much needed additional
incentives for investment in the City.
3. Liens A_aainst Real Estate for Unr~aid Water Bills -
Roanoke requests legislation to allow the City to place a
lien against real estate in order to collect unpaid water
bills. The City already has this authority with regard to
sewer bills. Section 21-118.4 of the Code of Virginia
grants this power to localities that have created sanitary
districts, §15.2-5139 provides this power to public service
authorities and §15.2-2118 grants this authority to 16
additional localities. The City requests that it be added to
the localities with this authority under §15.2-2118.
4. Civil Penalties for Inor~erable Motor Vehicles and
Trash and Weed Violations- To address the problem of
blight in the City and other localities in the State,
legislation is needed to allow localities the flexibility to
impose civil penalties for violations of inoperable motor
vehicles and local trash and weed removal ordinances.
5. Absentee Landlord Representation - Section 55-
218.1 of the Code of Virginia requires property owners
who own four or more units in the Commonwealth of
Virginia, but do not reside in the Commonwealth
themselves, to maintain an agent who is a resident of the
State. It is difficult to serve summons and other notices
279
on property owners who do not live in the same locality,
delaying action to address blight. The General Assembly
is requested to amend this Code section to require that
the property owner's leasing agent or representative
operate in the same locality as the property or in an
adjacent locality.
6. Study of Delinauent Tax Sale Process-The process
to sell or transfer property with delinquent real estate
taxes is difficult and time consuming. The General
Assembly is requested to study ways to streamline this
process that would include, among other things, looking
at the process utilized in other states.
Other Legislative Priorities
Mr. Dick reviewed the following items that are a carry over from the 2002
General Assembly Session that the City would like to address in the up coming
session:
1. ODnosition to Restrictions on Local Zonina
Authority - The City opposes any legislation such as HB
1212, introduced during the 2002 General Assembly, that
would limit the authority of the City to restrict certain types
of housing in certain areas of the City.
2. Opposition to Biosolids Restrictions - The City
opposes legislation such as SB 618, also introduced in the
2002 General Assembly, that would allow localities to
restrict or prohibit the application of biosolids in the
locality.
3. SuDoort for Virainia First Cities Coalition - As a
member of Virginia First Cities, a group of 15 of the State's
older cities, Roanoke supports the broad legislative
objectives of this coalition, including: restructuring the
State's tax system to raise State tax revenues to generate
the additional funding required annually for education,
transportation and human services; the adoption of an
280
urban policy and smart growth strategies and holding
older, core cities harmless from any budget balancing
actions because of the fiscal stress they are facing.
Mr. Dick expressed appreciation to area legislators and their legislative aides
and advised that the City continues to count on the strong legislative leadership of
its delegation; the City of Roanoke is appreciative of past efforts on its behalf and
looks forward to working with area legislators during the 2003 session of the
Virginia General Assembly.
School Trustee F. B. Webster Day presented the School Board's 2003
Legislative Program, which is summarized as follows:
School Board Legislative Priorities:
Major legislative priorities, listed in priority sequence, by the Roanoke City
School Board for the State are:
To improve its share of funding public education based on
the results of the JLARC study
To communicate to legislators that any reduction in State
funding must be made through an across-the-board
budget reduction rather than reductions in specific
programs
To enhance the State's support of school capital outlay
projects through a permanent funding source for school
construction and debt service requirements that will fund
55 per cent of school construction needs over the next five
years. (This legislative issue has been adopted by the
seven school boards and governing bodies who are
members of the Roanoke Valley School Boards
Consortium as a funding priority for FY2003-04)
To maintain local governance over K-12 educational and
administrative issues
281
To continue to support standards and consequences for
school accreditation that are non-punitive in nature
To address student safety and discipline issues
through additional funding and program support, and
To provide incentives for the recruitment and retention of
teachers and principals
Mr. Day further advised that legislative outcomes include State lottery funds,
State incentive funds, SOL remediation and in-service, teacher salary improvement
and maintenance of local control; Roanoke City outcomes include increased
teacher salaries, enhanced principal recruitment, small class size, increased
teaching positions, additional preschool classes, and renovation and improvements
to middle and elementary schools.
He reviewed a chart illustrating State revenue increases from fiscal year '1998-
99 to fiscal year 2002-03. He also reviewed legislative priorities which include:
improve State funding, avoid program reductions, fund school construction needs,
maintain local governance, support non-punitive consequences, address student
safetyand discipline, and provide recruitment incentives. Funding priorities include:
teacher salaries, school staffing ratios, preschool programs, truancy programs,
alternative education, school resource officers, school security equipment,
recruitment incentives - scholarships, internships, financial incentives.
He explained Standards of Quality shortfalls, i.e.: Roanoke's actual average
teacher salary is $5,100.00 more than State SOQ average; class size ratios: State
standard 25 to 1 vs. Roanoke City's at 18 to 1; support costs based on prevailing
statewide costs not actual local costs (e.g. School Nurses 12.5 FTE in Roanoke City
but State only pays for 3.5 FTE.)
Mr. Day advised that legislative outcomes are: SOQ recognizes actual cost
to locality for average teacher salary using national average as the basis; SOQ
support costs based on more realistic costs for urban school districts, State share
improved for preschool, alternative education, truancy, school safety personnel and
equipment; State developed and funded recruitment incentives; State support of
technology operating and replacement cost; and State established trust fund for 55
per cent of school construction needs. Insofar as legislative outcomes/budget
reductions, any State budget reductions for K-12 must be across the board rather
than by program.
282
The City Manager advised that some City departments, or agencies, have
already experienced reductions in their current year's operating budgets as a result
of the Governor's first round of budget cuts, and on December 20, the Governor will
present his proposed budget, which will contain additional cuts, possibly in
education, public safety and certain other areas. She stated that she, along with
Council Member Carder, represent the City of Roanoke on the Virginia First Cities
Coalition which has held numerous discussions about how to address budget
shortfalls, and the Coalition has not only made a recommendation that budget cuts
occur where they have actually been identified at the State level, but the Coalition
will support tax increases in certain areas in order to provide additional funding for
education and transportation, which are two very crucial areas. She stated that the
City of Roanoke will be represented in Richmond on December 20 when the
Governor announces his proposed budget, and members of the City's delegation to
the General Assembly, First Cities Coalition representatives and school
representatives will be invited to a meeting following the Governor's General
Assembly pronouncement, in order to begin discussions with regard to what the
proposed reductions mean for Roanoke as a locality. She advised that the condition
of the Commonwealth of Virginia needs to be addressed, Virginia is not the only
state that is going through these times of budget adjustments, the economy is
something that in many respects is beyond our control, but until the impact of
budget reductions are made obvious to the citizens, no long term solution will be
found. She stated that it is going to be a painful year, but asked that City Council,
the School Board and their respective staffs, along with the City's delegation to the
General Assembly, assume a united front in the wake of difficult positions that will
have to be made.
Mr. Carder expressed concern that budget cuts in education will hurt those
children who can least afford it--the at risk K-12 students--which represents 47
percent of the school population in our cities.
Dr. Harris advised that starting in November, in preparation for what clearly
is the most difficult budget study and budget season in the last 12 years, the School
Board began to review operations so that when it is time to make those difficult
budget decisions, there will be a better foundation on which to build. He stated that
it is important to remember the good times and use these difficult times as an
opportunity to do a better job, although it will be difficult to do a better job if
significant revenue is lost. He concurred in Councilman Carder's remarks, and
advised that through recognition of the disparity in the City of Roanoke, certain
incentive programs have allowed the City to gain about $4.5 million. He urged that
283
the General Assembly preserve the opportunity for the locality to make the
necessary cuts, because the City would not begin by cutting funds in those areas
that would affect those students who are most in need. He stated that quality
education is one of the greatest economic development tools of a locality, the City
of Roanoke, along with its legislative representatives, are committed to a quality
education system, and the School Board and its Administration will do the very best
they can with what they have to work with.
The Mayor opened the floor for remarks by legislators.
Senator Edwards called attention to the severity of the funding crisis, which
among other things, can be attributed to the capital gains tax increase that was
applied as if it would continue indefinitely, and instead of investing the funds, the
car tax cut was enacted. He stated that once the car tax was phased in, there was
no formula in the State Code for a tax roll back, therefore, the State is in a situation
where the car tax rebate is continuing to drill a hole in the budget. He stated that he
has been advised that the shortfall in this biennial budget will be approximately
$1.8 - $2 million, the car tax reimbursement will be about $1.8 and continues to
increase. He advised that last year, the Governor and the General Assembly worked
to preserve public education; however, in addition to safety measures, higher
education, was dramatically cut, some State employees lost their jobs, the extension
program was drastically cut, the price of college tuition has gone up 20-25 per cent,
and the Virginia Department of Transportation Six Year Plan was revised and is
currently unfunded. He stated that on December 20, the Governor will announce his
proposed budget by cutting approximately $1 - $1.4 billion, however, the question
is, where will the cuts occur when keeping in mind that only about 26 per cent of the
state's budget is cuttable. He noted that it has been stated by some persons that
there is no way to balance the budget without some type of recommended
enhancement programs so as not to cut grades K-12, or public safety, or mental
health, or Medicaid and other important programs. He added that the
Commonwealth of Virginia is at a crisis situation, and unless it begins to get a
handle on the situation, there will be a dismantling of government and disinvestment
in the future. He expressed concern with regard to services provided by government
and referred to newspaper articles about Commonwealth's Attorneys being forced
to lay off assistants, therefore, misdemeanors are not being prosecuted in court and
the most basic and core services of the Commonwealth--public safety and public
education are being threatened? He expressed concern that constituents are not
looking at the situation as responsible citizens who should be concerned about
today as well as the future; and the list of budget cuts go on and on, therefore, it is
imperative to get the message out so that citizens will understand the state's crisis
situation.
284
Delegate Thomas referred to improvements in the City's School system over
the past several years under the leadership of Superintendent Harris. He expressed
concern with regard to the state of the Commonwealth which is at its worse during
his 29 years of service on the General Assembly; and advised that citizens of the
Commonwealth must be made to understand the seriousness of the budget crisis.
He stated that something needs to be done to ensure that funding for education,
grades K-12, is not cut. He stressed the importance of looking at steps that need to
be taken, even if the court system has to be used to make it happen, because the
worst is yet to come, and the seriousness of the funding crisis must spread across
the Commonwealth of Virginia in an effort to encourage citizens to speak out. He
expressed appreciation to Council for its leadership and pledged to work with the
City of Roanoke to address funding issues.
Delegate Woodrum concurred in the remarks of Delegate Thomas regarding
Roanoke's school system and commended the work of its Superintendent. He
stated that Members of Council serve on the front lines of democracy and should
also be commended for the services they provide at the local level. He stated that
in January, the General Assembly is going to have to make a decision, because there
is a level of government services that is not supported by the level of government
revenue, and a decision must be made to either downsize government to a point
where it meets available revenue, or increase revenue to maintain a reasonable level
of government services, and he, personally believes that there is a need to increase
revenue through additional taxes. He stated that last year, he co-sponsored a
budget amendment to role back the car tax to 47.5 per cent, which would have
provided for the biennial approximately $680 million for education, however,
unfortunately, the amendment received only 22 votes out of 100 in support on the
floor of the General Assembly. He stated that when localities advocate for
something, representatives need to look their Delegates straight in the eye and
inquire as to what the State plans to do to raise revenues to fund programs. He
advised that an increase in taxes is only one way to increase revenue and the
Commonwealth of Virginia will have to come to that realization. He referred to the
hardship on citizens of the Commonwealth as a result of the closing of some of the
DMV offices, the Roanoke office operates four days a week and because the Bedford
and Rocky Mount offices were closed, citizens from those localities are forced to
conduct their DMV business at the Roanoke office, which has generated
approximately 60,000 more customers. He stated that he used the DMV office
closings to call attention to the fact that citizens of the Commonwealth are looking
at a different level of government service unless something is done.
285
Council Member Bestpitch expressed appreciation to Senator Edwards and
Delegates Thomas and Woodrum for their honesty and candidness. He emphasized
that the City Manager has required all City departments to develop strategic
business plans to ensure that the City's workforce is operating with the most
efficiency and the highest level of productivity. He stated that in the 2001-2002 fiscal
year budget, Council cut positions and/or left other positions unfunded in the hope
that at some point in the future the budget situation will improve and the City will be
able to recruit and again fill those positions. He advised that the City has maintained
its tax base on the revenue side locally, while trying to be as prudent and
responsible as possible on the expenditure side in making decisions. He stated that
everyone should continue to work together and come up with an alternative proposal
so that Virginia will not go from being one of the lowest tax states in the country to
one of the highest tax states, but enact minor adjustments where they might be
needed. He stated that there must be something that could be done that would not
prove to be onerous for anyone and would solve the problem.
The Mayor advised that in the November election, approximately one million
people in a northern Virginia referendum said they did not want an increase in taxes.
He stated that if there are tax increases at the General Assembly level, they will be
relatively small which means that revenue will not be at a level to satisfy the needs.
He spoke in support of looking at ways to be more efficient, or ways to better utilize
available funds.
Council Member Cutler inquired as to what extent the Virginia First Cities
Coalition has developed a larger coalition of other organizations.
Council Member Carder advised that Virginia First Cities has been careful to
not represent itself as the champion of all causes and has adopted a specific
initiative, thus, First Cities can be more effective by selecting those issues to partner
with that are specific to the needs of localities.
The City Manager inquired as to the best way to communicate with
constituents; whereupon, Delegate Woodrum advocated coalition building with
groups affected by budget cuts in such categories as education, mental health,
medical facilities, etc. He suggested that coalitions be built in any parallels between
the problems occasioned by urban centers and extreme rural areas, problems of
poverty, the school dropout rate, and others.
286
· With reference to earlier remarks of the Mayor as to the referendum that failed
in northern Virginia, Council Member Wyatt advised that exit polls indicate that the
reason the referendum failed was not because citizens were against paying more
taxes, but instead they did not trust the General Assembly to do what it is supposed
to do with funds from increased taxes. She asked that the record reflect both sides
of the perspective.
At 1:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m., in the
City Council Chamber.
At 2:00 p.m., on Monday, December 2, 2002, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the
following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Smith ............................................................................................. 7.
ABSENT: None ......................................................................... -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend David J. Fuller,
Missions Pastor, Church of the Holy Spirit.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGMENT-CITIZEN OF THE YEAR: Mr. Cutler offered the
following resolution recognizing George A. Kegley as the City of Roanoke's 2002
Citizen of the Year:
287
(#36143-120202) A RESOLUTION naming George A. Kegley as Roanoke's
Citizen of the Year for the year 2002.
(For full text of Resolution, see Resolution Book No. 66, page 535.)
Mr. Cutler moved the adoption of Resolution No. 36143-120202. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ......................................................................................... 7.
NAYS: None ......................................................................................... 0.
On behalf of the citizens of the City of Roanoke and the Members of City
Council, the Mayor presented Mr. Kegley with a ceremonial copy of the above
referenced measure.
ACTS OF ACKNOWLEDGMENT-DECEASED PERSONS: Mr. Carder offered the
following resolution memorializing Ms. Adelaide Fisher, a long time resident of the
Roanoke Valley and former Public Information Officer for the City of Roanoke.
(#36144.120202) A RESOLUTION memorializing the late Adelaide (Laddie)
Fisher, a Iongtime Roanoke Valley resident.
(For full text of Resolution, see Resolution Book No. 66, page 537.)
Mr. Carder moved the adoption of Resolution No. 36144-120202. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
SISTER CITIES: Beth Neu, Director, Economic Development, advised that
Mayor Ralph K. Smith led a delegation of citizens from Roanoke to Roanoke's Sister
City of Wonju Korea, on October 22 - November 2, 2002. She stated that Roanoke
and Wonju have enjoyed a Sister City relationship for 38 years, many exchanges
have taken place over those years, and as a part of his visit, Mayor Smith focused
288
on economic development, made business contacts and a medical exchange was
included as a part of the mission. She advised that approximately 40 business
persons from Won]u attended a Chamber of Commerce meeting, at which time she
and Mayor Smith gave a power point presentation, including an overview of the
Roanoke economy, ma]or businesses located in the Roanoke Valley, the Roanoke
Center for Industry and Technology, and the South Jefferson Redevelopment area
and Biomedical Park, etc. She further advised that a meeting was held with the
President of Sangli University, which shares a sister college relationship with
Virginia Western Community College; the delegation visited the Hyundai
Headquarters in Seoul, Korea, and met with a representative of the Virginia
Economic Development Partnership in Seoul; a presentation was made to the
Korean Trade Authority, headquartered in Seoul; and follow up visits with certain
firms have begun.
Dr. Robert Roth, President, David K. Lisk, Executive Director, Roanoke Sister
Cities, Inc., and Jack Tompkins, Vice-President, Roanoke/Wonju Sister City
Committee, also spoke in connection with the Roanoke/Wonju Sister City
relationship. Itwas noted that an exchange program has been established between
Lewis Gale Hospital in Salem and Wonju Christian Hospital, in 2003, doctors from
Wonju will visit Lewis Gale Hospital to participate in an exchange program and in
2004, doctors from Lewis Gale are scheduled to visit Wonju Christian Hospital.
CONSENTAGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
DONATIONS/CONTRIBUTIONS-WESTERN VIRGINIA FOUNDATION FOR THE
ARTS AND SCIENCES: A communication from the City Manager requesting that
Council schedule a public hearing for Monday, December 16, 2002, at 7:00 p.m., or
as soon thereafter as the matter may be heard, with regard to donation of property
described as Official Tax No. 4010217, to the Western Virginia Foundation for the
Arts and Sciences, in connection with the Art Museum-IMAX Theatre, was before the
body.
289
Mr. Cutler moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT-
INDUSTRIES-YOUTH-TRANSPORTATION SAFETY-HUMAN DEVELOPMENT
COMMITTEE: The following reports of qualification were before Council:
Judy O. Jackson as a member of the Human Services
Committee, for a term ending June 30, 2003;
John W. Brown, Jr., and Rick Clark as members of the City
of Roanoke Transportation Safety Commission, for terms
ending October 31, 2006;
Dennis R. Cronk as a Director of the Industrial
Development Authority, for a term ending October 20,
2006;
Ashley Johnson as a member of the Youth Services
Citizen Board to fill the unexpired term of Duriel M. Wood,
ending May 31, 2003; and
Barry W. Baird as a member of the New Construction
Code, Board of Appeals, for a term ending September 30,
2007.
Mr. Cutler moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
290 ---
REGULAR AGENDA
PUBLIC HEARINGS:NONE.
PETITIONS AND COMMUNICATIONS:
HUMAN DEVELOPMENT-WORKFORCE INVESTMENT ACT: Glenn D. Radcliffe,
Director, Human Services, introduced a briefing with regard to the Workforce
Investment Act Services program. He advised that in 1998, Congress enacted
legislation establishing the Workforce Investment Act which replaced the Joint
Training Partnership Act and initiated new mandates and requirements, one of which
relates to administration and appointment of a Board of Directors composed of
representatives from jurisdictions in the Fifth Planning District. He introduced Bruce
M. Wood, Executive Director, Workforce Investment Act Services.
Mr. Wood advised that the Western Virginia Workforce Development Board is
governed by a volunteer board of directors responsible for developing policy and
overseeing local workforce development initiatives in partnership with local elected
officials; members are appointed by the chief local elected officials from eight
jurisdictions, which membership includes representatives from business, education,
community-based organizations, economic development, public employment
services, public assistance agencies, vocational rehabilitation and labor
organizations; and membership is drawn from individuals who have policy-making
authority.
He advised that the Workforce Development Board serves as a point of
contact for business, industry and the public sector to communicate their workforce
needs, promote strategies to encourage lifelong learning and improve workplace
skills; the Board assists in the development of new training programs to benefit the
area's workforce, and conduct planning, oversight and evaluation of local workforce
development programs including Workforce Centers; and coordinates efforts and
activities with economic development to promote the area's availability of qualified
workers and to promote cooperation among business and the public sector.
Mr. Wood explained that Workforce Centers are located in the City of Roanoke,
Franklin County, and the City of Covington and serve the Counties of Alleghany,
Botetourt, Craig, Franklin and Roanoke and the Cities of Covington, Roanoke and
Salem. He stated that Workforce Centers offer individuals a full assortment of
career planning services including job listings, vocational training, job referral, job
291
seeking workshops, resume writing, job appointments, unemployment insurance,
copier and fax service, job search assistance, job seeker skills workshops, on-the-
job training, work experience, GED classes and testing, educational opportunities,
youth vocational training, supportive services and local educational facilities and
program referral. He stated that Workforce Centers offer businesses a wide range
of value-added services, including applicant screening, applicant referrals, on-the-
job training, work keys assessment, skill proficiency testing, pre-employment
assessment, pre-employment training, labor market information, area wage surveys,
small business assistance, entrepreneurial training, job postings, computerized
skills-based matching, tax credits for hiring eligible employees, prevailing wage
information, economic trends and other business resources.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
POLICE DEPARTMENT-BUDGET-DONATIONS/CONTRIBUTIONS: The City
Manager submitted a communication advising that as the horrific events of
September 11,2001, were taking place all law enforcement agencies were forced to
evaluate their response to acts of terrorism; the Roanoke Police Department has
taken a pro-active approach to reduce the risk, and subsequently prepare the
community for such threats; the mission of the Police Department's Homeland
Defense Initiative is to assist organizations in the private, public, and government
sectorwith awareness and understanding of combating terrorism through teamwork
and partnerships; the Police Department has developed and offers to Roanoke
Valley police officers a 40 hour block of instruction which focuses specifically on
domestic preparedness through deterrence and combating terrorism; and additional
specialized training has been identified in an effort to provide officers with adequate
training to enhance their ability to prepare jurisdictions.
It was further advised that The Allstate Foundation has offered to donate
$15,000.00 to the Police Department to offset expenses incurred from providing this
specialized training; and City Code Section 2-263 requires action by Council to
approve acceptance of gifts exceeding $5,000.00 in value.
292
The City Manager recommended that Council authorize acceptance of
$15,000.00 for Homeland Defense training from The Allstate Foundation, with
appreciation; and that Council further authorize appropriation of funding in Account
No. 001-640-3114-2064, with a revenue estimate in the same amount to be
established in the General Fund.
Mr. Carder offered the following budget ordinance:
(#36145-120202) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General Fund Appropriations, and dispensing with the second reading
by title of the ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 539.)
Mr. Carder moved the adoption of Ordinance No. 36145-120202. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
Mr. Bestpitch offered the following resolution:
(#36146-120202) A RESOLUTION authorizing the City Manager to accept the
donation of $15,000 from The Allstate Foundation for use by the City of Roanoke
Police Department for specialized Homeland Defense training, and expressing
appreciation for such donation.
(For full text of Resolution, see Resolution Book No. 66, page 540.)
Mr. Bestpitch moved the adoption of Resolution No. 36146-120202. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .......................................................................................... 7.
NAYS: None ......................................................................................... 0.
293
Council Member Cutler suggested that Police Officer Eric A. Horne be invited
to a future City Council meeting to present a briefing on Homeland Defense training.
CITY CODE-SEWERS AND STORM DRAINS-WATER RESOURCES-
ENVIRONMENTAL POLICY: The City Manager submitted a communication advising
that upon annual review of the Sewer Use Standards, staff identified one item which
requires modification and a second item which requires clarification;
recommendations include addition of language to allow for regulated industries to
use time composite sampling and the second modification clarifies that regulated
industries will submit surcharge information, upon written request of the Control
Authority (Water Pollution Control Plant); the recommended changes will help
reduce compliance burdens for regulated industries; and the Department of
Environmental Quality has reviewed the recommended changes and classified the
changes as minor and issued their approval.
The City Manager recommended that Council adopt revisions to the Sewer
Use Standards, Code of the City of Roanoke (1979), as amended, Article III, Chapter
26, Subsections 26-55 (a) and (e), as more fully described in a proposed ordinance.
Mr. Dowe offered the following ordinance:
(#36147-120202) AN ORDINANCE amending and reordaining subsection (a)
and (e) of §26-55, Measurement; sampling, etc., and report of discharges, of Chapter
26, Sewers and Sewage Disposal, Article III, Sewer Use Standards, Code of the City
of Roanoke (1979), as amended, in order to clarify existing provisions of this Chapter
and make them consistent with other aspects of the program; which proposed
amendments have been approved by the Virginia Department of Environmental
Quality (DEQ); and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 541.)
Mr. Dowe moved the adoption of Ordinance No. 36147-120202. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................................... -7.
NAYS: None ......................................................................................... 0.
294
TAXES: The City Manager submitted a communication advising that on
November 5, 2002, Virginians voted in favor of Constitutional Amendment #2 of
Article X, Taxation and Finance, Section 6, Exempt Property, which amendment
transfers the responsibility of determining tax exempt property from the General
Assembly to the local governing body, effective January 1, 2003.
It was further advised that the City's current policy regarding supporting
requests of non-profit organizations to exempt certain property from taxation was
adopted on February 18, 1992, and requires that such organizations agree to pay an
annual service charge equal to 20 per cent of the real estate tax levy on the property
to be exempted as a condition to receiving a resolution from City Council supporting
the request for tax exemption to the General Assembly; and the General Assembly
requires a resolution by the local governing body before processing a request for
exemption.
It was explained that the constitutional amendment requires a modification to
the City's current policy for supporting requests of non-profit organizations to
exempt certain property from taxation; essentially, City Council will now have final
authority for determining tax-exempt property for non-profit organizations; and
although the policy redefines the process and has been reviewed by the
Commissioner of the Revenue, the Director of Real Estate Valuation, and the City
Clerk, further legislation may be forthcoming from the General Assembly which may
require further amendment of the policy.
The City Manager recommended that Council approve a modified City policy
regarding the determination of tax-exempt property.
Mr. Carder offered the following resolution:
(#36148-120202) A RESOLUTION adopting a new policy and procedure with
respect to requests of certain non-profit organizations to exempt certain property
from taxation pursuant to Article X, §6 (a)(6), of the Constitution of Virginia, repealing
Resolution No. 30884-021892, adopted February 18,1992, as amended by Resolution
No. 35645-111901, adopted November 19, 2001.
(For full text of Resolution, see Resolution Book No. 66, page 542.)
Mr. Carder moved the adoption of Resolution No. 36148-120202. The motion
was seconded by Mr. Dowe.
295
Following discussion, Council Member Carder inquired as to whether Council
may require that those organizations, which petition the City to have their real
property declared tax exempt, agree to pay, voluntarily, the service district tax
currently imposed in two areas of the City (downtown and Williamson Road).
The City Attorney advised that he would research the matter and advise
Council accordingly.
Resolution No. 36148-120202 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
TOWING CONTRACT: The City Manager submitted a communication advising
that an invitation for bid for the City's Towing Contract was advertised in The
Roanoke Times and the Roanoke Tribune; and a pre-bid conference was held
September 23, 2002, and as a result of questions asked during that pre-bid
conference, two addenda were sent to prospective bidders, one extending the
deadline for receipt of bids from October 7 to October 28 and the other clarifying
questions that were asked at the pre-bid conference; on October 28, 2002, two bids
were received, one from Robert Young Towing and the other from Woods Service
Center; and after reviewing the two bids, it was determined that both bidders
responded in a way which is deemed to be "non- responsive"; reviewers had to
make assumptions as to annual costs for both bidders inasmuch as both bidders
provided bids in formats different than that requested by the City; City
representatives will meet with both bidders to discuss format so as to accurately
compare bids in response to another Invitation for Bid; therefor, it is recommended
that both bids be rejected and following a meeting with both bidders, the bid format
will be revised and readvertised.
The City Manager recommended that Council reject all bids submitted for a
City Towing Contract.
Mr. Carder offered the following resolution:
296 -
(#36149-120202) A RESOLUTION rejecting all bids for a City of Roanoke
Towing Contract.
(For full text of Resolution, see Resolution Book No. 66, page 543.)
Mr. Carder moved the adoption of Resolution No. 36149-120202. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
CITY CODE-TAXES-REAL ESTATE VALUATION: The City Attorney submitted
a written report advising that Section 32-39, Code of the City of Roanoke, (1979), as
amended, authorizes the Circuit Court to appoint annually three persons to serve
one-year terms of office as a Board of Equalization for the City with authority to
adjust, upon appeal, real property assessments; Section 58.1-3373, Code of Virt:linia,
in the alternative, permits appointment by the Court of either three or five members
to such a board, who would be appointed for staggered terms of three terms (initial
appointments would be for terms of one, two, and three years in order to implement
the staggered terms), in an effort to create an on-going or "permanent" board; and
"permanent" board would have the advantage of helping to ensure that one or more
members of the board are experienced in their work, and will also help to ensure
continuity.
It was further advised that the Director of Real Estate Valuation supports
creation of a "permanent" board; the choice of appointing Board of Equalization
members for annual, or three-year terms of office, is a policy issue for Council;
whereupon, he transmitted a measure hat would amend §532-39 and create a
"permanent" Board of Equalization for consideration by Council.
Mr. Bestpitch offered the following ordinance:
(#36150-120202) AN ORDINANCE amending §32-39, Board of Equalization, of
Chapter 32, Taxation, of the Code of the City of Roanoke ('1979), as amended, by
changing the terms of appointment of members to the Board of Equalization; and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 544.) __
297
Mr. Bestpitch moved the adoption of Ordinance No. 36150-120202. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the City of Roanoke for the month of October 2002.
Council Member Cutler inquired if the purchase of water from Roanoke County
and the City of Salem are about to taper off as the water level begins to rise at
Carvins Cove. The City Manager advised that the City continues to purchase water
from Salem and Roanoke County, no bill has been received for the month of
November, it is anticipated that water will continue to be purchased foran indefinite
period of time, and as water availability improves, the City will look for opportunities
to cut back on the volume of water which is purchased from surrounding localities.
She stated that the City cannot continue, indefinitely, to use retained earnings to
fund monthly water bills from other localities and in all probability, Council will be
requested within the next six to eight weeks, to establish higher water rates to
address not only water projects, but additional capital projects that are necessary
to ensure an adequate water supply for Roanoke's citizens, while the City conti.ques
to engage in discussions with Roanoke County relating to creation of an authority.
Without objection by Council, the Mayor advised that the Financial Report
would be received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION
RESOLUTIONS:
OF ORDINANCES AND
ZONING: Ordinance No. 36141, on second reading, amending certain
conditions presently binding upon property bearing Official Tax No. 2761409,
previously rezoned C-2, General Commercial District, by the adoption of Ordinance
No. 32294-121994, and to rezone a portion of property bearing Official Tax No.
2761421, from RS-3, Residential Single Family District, to C-2, General Commercial
298
District, subject to proffered conditions contained in a Second Amended Petition
filed in the City Clerk's Office on September 5, 2002, said property being located at
the corner of Virginia Avenue and Westside Boulevard, N. W., having previously
been before the Council for its first reading on Monday, November 18, 2002, read and
adopted on its first reading and laid over, was again before the body, Mr. Dowe
offering the following for its second reading and final and adoption:
(#36141-120202) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 276, Sectional 1976 Zone Map, City of
Roanoke, in order to amend certain conditions presently binding upon certain
property bearing Official Tax No. 2761409, previously conditionally rezoned C-2,
General Commercial District, by the adoption of Ordinance No. 32294-121994, and
to rezone a portion of property bearing Official Tax No. 2761421 from RS-3,
Residential Single Family District, to C-2, General Commercial District, subject to
certain conditions.
(For full text of Ordinance, see Ordinance Book No. 66, page 534.)
Mr. Dowe moved the adoption of Ordinance No. 36141-120202. The motion
was seconded by Mr. Carder.
Council Member Bestpitch advised that his position has nothing to dowith the
petitioner or his business. He stated that rezoning ordinances do not zone
individuals, but they do zone property, and he believes that two important questions
should be answered when considering rezoning requests; i.e.: (1) is it a building
which needs to be rezoned in order to be continued in some productive way and
would otherwise be likely to remain empty and fall into disrepair, or (2) is there a
shortage of a particular type of property within the general area of the City where the
rezoning is being requested. He stated that the answer to the first question is that
there is no commercial building at this location, so there is no possibility of the
building falling into disrepair and not being used, and the answer to the second
question is that there are approximately 34 C-2 properties within one-half mile of this
location that are either vacant or under utilized and approximately 80 properties
within one mile. He advised that he is surprised that no small business owners
and/or commercial property owners have protested these types of rezoning
applications, because the affect of approving the ordinance under consideration is
that it makes it that much harder for those property owners who have existing C-2
property to find someone who is willing to either lease or purchase their property at
what the property should be worth.
Council Member Wyatt advised that she believes that a person's word is their
bond. She stated that she served on Council when Mr. Wells gave his word that he
would request only one exception, but he has repeatedly returned to the Council
299
requesting further expansion of his business. She advised that out of compassion
for Mr. Wells as a small business owner, she voted in favor of his previous request,
but she is not inclined to support further expansion of his business.
Council Member Dowe advised that there are certain clear cut, black and white
rules that help to assist in the governing of citizens, however, not everything falls
within a specified parameter. He stated that he has been appreciative of the City's
efforts to sustain businesses within the City of Roanoke and especially appreciative
of the City's efforts in regard to small businesses that have opportunities to go
elsewhere, but they have been able to sustain and to be successful in the City of
Roanoke. He advised that the same principle used by the City to govern large
entities in other sections of the City should also apply to the request of Mr. Wells
and it would behoove Council to remain as consistent as possible.
Ordinance No. 36141-120202 was adopted by the following vote:
AYES: Council Members Carder, Cutler, Dowe, Harris, and Mayor Smith .....5.
NAYS: Council Members Bestpitch and Wyatt ........................................... 2.
CITY COUNCIL: Mr. Carder offered the following resolution canceling the work
session meeting of City Council scheduled to be held at 12:15 p.m., on Monday,
December 30, 2002:
(#36151-120202) A RESOLUTION canceling the work session meeting of City
Council scheduled to be held at 12:15 p.m., on December 30, 2002.
(For full text of Resolution, see Resolution Book No. 66, page 545.)
Mr. Carder moved the adoption of Resolution No. 36151-120202. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ -7.
NAYS: None ......................................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
300 -
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
CITY EMPLOYEES: Mr. Bestpitch offered the following resolution closing City
offices on Tuesday, December 24, 2002, and providing for additional holiday leave
for all City employees:
(#36152-120202) A RESOLUTION closing certain City offices on Tuesday,
December 24, 2002, and providing for additional holiday leave for all City employees.
(For full text of Resolution, see Resolution Book No. 66, page 546.)
Mr. Bestpitch moved the adoption of Resolution No. 36152-120202. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
ZONING-COMMUNITY PLANNING: Council Member Wyatt inquired about the
status of a proposed ordinance regulating tattoo parlors in the City of Roanoke;
whereupon, the City Manager advised that the matter will be included on the next
agenda of the City Planning Commission for consideration and referral to Council
for appropriate action.
CELEBRATIONS: Council Member Carder called attention to the annual
lighting of the City's Christmas Tree on Friday, December 6, 2002, at 5:30 p.m., at
First Union Plaza, and the annual Christmas Parade on December 13, 2002, at
6:30 p.m.
PARKS AND RECREATION.LANDMARKS/HISTORIC PRESERVATION: Mayor
Smith acknowledged the efforts of all persons responsible for activities associated
with dedication of the historic plaque at the Mill Mountain Star on November 27 at
12:00 noon.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
301
POLICE DEPARTMENT-REAL ESTATE VALUATION-CITY EMPLOYEES-WATER
RESOURCES: Mr. Robert Gravely, 1728 Patterson Avenue, S. W., expressed
dissatisfaction with wages paid to City employees, real estate assessment of
properties in certain areas of the City, the City's high crime rate, and the City's water
supply shortage.
CITY MANAGER COMMENTS: NONE.
At 4:00 p.m., the Mayor declared the meeting in recess for two Closed
Sessions.
At 4:45 p.m., the meeting reconvened in the City Council Chamber, with Mayor
Smith presiding, and all Members of the Council in attendance, with the exception
of Vice-Mayor Harris who left the meeting during the Closed Session.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt
and Mayor Smith .......................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-TRAFFIC: The Mayor advised that the terms of office of
Julian H. Raney, Jr., and John B. Ferguson as members of the Court Community
Corrections Program Regional Community Criminal Justice Board, expired on
June 30, 2002, and called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Julian H. Raney, Jr., and John B.
Ferguson.
There being no further nominations, Messrs. Raney and Ferguson were
reappointed as members of the Court Community Corrections Program Regional
Criminal Justice Board, for terms ending June 30, 2005, by the following vote:
302
FOR MESSRS. RANEY AND FERGUSON: Council Members Bestpitch, Carder,
Cutler, Dowe, Wyatt and Mayor Smith .................................. 6.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor
advised that the terms of office of Robin Murphy-Kelso, Shirley M. Bethel and Carl D.
Cooper as members of the Roanoke Neighborhood Partnership Steering Committee,
expired on November 30, 2002, and called for nominations to fill the vacancies.
Mr. Bestpitch placed in nomination the names of Robin Murphy-Kelso,
Shirley M. Bethel and Carl D. Cooper.
There being no further nominations, Ms. Murphy-Kelso, Ms. Bethel and
Mr. Cooperwere reappointed as members of the Roanoke Neighborhood Partnership
Steering Committee, for terms ending November 30, 2005, by the following vote:
FOR MS. MURPHY-KELSO, MS. BETHEL AND MR. COOPER: Council Members
Bestpitch, Carder, Cutler, Dowe, Wyatt and Mayor Smith ................................ -6.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-BLUE RIDGE BEHAVIORAL HEALTHCARE BOARD OF
DIRECTORS: The Mayor advised that the term of office of Robert Williams, Jr., as a
member of the Blue Ridge Behavioral Healthcare Board of Directors will expire on
December 31, 2002, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Robert Williams, Jr.
There being no further nominations, Mr. Williams was reappointed as a
member of the Blue Ridge Behavioral Healthcare Board of Directors, for a term
ending December 31, 2005, by the following vote:
FOR MR. WILLIAMS: Council Members Bestpitch, Carder, Cutler, Dowe, Wyatt
and Mayor Smith ........................................................................ -6.
(Vice-Mayor Harris was absent.)
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There being no further business, the Mayor declared the meeting adjourned
at 4:50 p.m.
APPROVED
Mary F. Parker
City Clerk
Mayor
304 -
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
December 16, 2002
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
December 16, 2002, at 2:00 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure.
Rule 1, Regular Meetinas. Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Smith ................................................................ -7.
ABSENT: None ...................................................................... -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, CityAttorney; Jesse A. Hall, Dirsctor of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Jeffrey V. Doremus,
Minister of Leadership and Family Life, First Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS-RED CROSS: The Mayor presented a proclamation
declaring Tuesday, December 17, 2002, as Red Cross "Donorama" Day.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. The Mayor called attention to two Closed Meetings to discuss vacancies
on various Council Appointed committees, and performance evaluations of three
Council Appointed Officers.
3O5
MINUTES: Minutes of the regular meeting of City Council held on Monday,
October 15, 2002, recessed until Thursday, October 17, 2002, recessed until Friday,
October 18, 2002, and recessed until Thursday, October 31, 2002; and the regular
meeting of City Council held on Monday, November 4, 2002, and recessed until
Thursday, November 7, 2002, were before the body.
Mr. Carder moved that the reading of the minutes be dispensed with and that
the minutes be approved as recorded. The motion was seconded by Mr. Dowe and
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayor Smith ....................................................................................... 7.
NAYS:NONE ........................................................................................ 0.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Dowe
and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayor Smith ......................................................................................... 7.
NAYS:NONE ....................................................................................... 0.
COMMITTEES-CITY COUNCIL: A communication from Vice-Mayor C. Nelson
Harris, Chair, City Council Personnel Committee, requesting a Closed Meeting to
discuss the performance of three Council-Appointed Officers, pursuant to Section
2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request of Vice-Mayor Harris to
convene in a Closed meeting to discuss the performance of three Council-Appointed
Officers, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Dowe and adopted by the following vote:
306 -
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
MayorSmith ...................... 7.
NAYS:NONE ..................................................................................... ~.
CITY MANAGER-WATER RESOURCES: A communication from the City
Manager requesting that Council schedule a public hearing for Tuesday, January 21,
2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to
an increase in water rates, was before the body.
Council Member Cutler advised that while the elected officials of Roanoke City
and Roanoke County have agreed to stay out of ongoing staff level discussions on
regional water authority negotiations, he would like to express his confidence in the
eventual outcome of the process. He stated that he is appreciative of City staff
bringing the water rate increase proposal forward because adoption of a water rate
increase will help to lay the groundwork for the regional water authority.
Specifically, he added that the proposed water rate increase will help fund additional
water projects, and lead to development of additional water resources and
construction of additional water line interconnections with Roanoke County. He
stated that with adoption of the proposal, Council will be expressing its confidence
that the right path is a water authority, in partnership with Roanoke County. He
added that a Regional Water Authority will come with a price tag, and the
responsible course of action is to raise water rates just enough to cover costs to
ensure that the City of Roanoke does not find itself facing another water shortage.
Mr. Carder moved that Council concur in the request of the City Manager to
hold a public hearing on increasing water rates. The motion was seconded by
Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayor Smith .................................................... -7.
NAYS: NONE ....................................................................................... -0.
OATHS OF OFFICE-TRAFFIC-COMMITTEES-ROANOKE CIVIC CENTER-
ROANOKE VALLEY RESOURCE AUTHORITY-TRANSPORTATION SAFETY: The
following reports of qualification were before Council:
Monica S. Prince as a member of the Roanoke Civic
Center Commission, for a term ending September 30,
2005;
307
David Fifer as a member of the City of Roanoke
Transportation Safety Commission, for a term ending
October 31, 2004; and
Robert K. Bengtson as a member of the Board of
Directors, Roanoke Valley Resource Authority, for a term
ending December 31, 2006.
Mr. Carder moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayor Smith ............................................................................................. -7.
NAYS:NONE ........................................................................................ 0.
REGULAR AGENDA
PUBLIC HEARINGS:NONE.
PETITIONS AND COMMUNICATIONS:
BU DGET-COMMONWEALTH'S ATTORN EY-GRANTS: A communication from
Donald S. Caldwell, Commonwealth's Attorney, advising that the Department of
Criminal Justice Services has awarded the City of Roanoke a Virginia Exile Grant
for calendar years 2002 and 2003, in the amount of $156,613.00; associated with the
grant, the City appropriated a required match in the amount of $17,401.00; and the
local match equaled ten per cent of total available funding of $174,014.00, was
before Council.
It was further advised that during the 2002 General Assembly, the budget was
restructured to provide that the two year grant was terminated on June 30, 2002,
after only six months of funding, and a one fiscal year grant was approved in the
amount of $58,177.00 which did not require a local match; however, due to further
budget restructuring, the grant is also being terminated effective December 31,2002,
allowing only one half of the original State grant funding totaling $29,089.00; and the
grant has not yet been accepted by Council, nor appropriated in the Grant Fund.
It was explained that continued funding of the Exile Grant will allow the
continued utilization of a prosecutor to focus on convicted felons who possess
weapons and drugs and weapons on school property; and the program has had
great success during its existence and should be continued while the State is willing
to provide the majority of funding.
308
The Commonwealth's Attomey recommended that Council amend the CY2002-
2003 Exile Grant previously approved by decreasing State funding from $156,613.00
to $33,818.00 and local funding from $17,401.00 to $3,758.00, which adjusts the grant
funding to an amount equal the total expenditures incurred by the City through
June 30, 2002, related to the Exile Grant; funding is allocated between the State and
the City at the same ratio initially authorized, 90 per cent and ten per cent
respectively; therefore, the unused local match of $13,643.00 may be transferred
back to the General Fund and may be used in the General Fund to decrease the
current year Transfer to Grant Fund and increase the City Manager's Contingency.
It was further recommended that Council accept 2003 State funding of the
Exile Grant, in the amount of $29,089.00, to be appropriated to revenue and
expenditure.
~ A communication from the City Manager concurring in the recommendation
of the Commonwealth's Attorney, was also before Council.
Mr. Dowe offered the following budget ordinance:
(#36154-121602) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General and Grant Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 2.)
Mr. Dowe moved the adoption of Ordinance No. 36154-121602. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .......................................................................................... -7.
NAYS: None ............................................................................... -0.
Mr. Carder offered the following resolution:
(#36155-121602) A RESOLUTION amending the previously approved 2002-2003
Exile Grant (02-C3527PX02) and accepting the 2003 Virginia Exile Grant offer (03-
D3527PX03) made to the City by the Department of Criminal Justice Services and
authorizing execution of any required documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 67, page 4.)
Mr. Carder moved the adoption of Resolution No. 36155-121602. The motion
was seconded by Mr. Dowe and adopted by the following vote:
309
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
COMMITTEES-BLUE RIDGE COMMUNITY SERVICES: Robert Williams,
Member, Board of Directors, Blue Ridge Behavioral Healthcare, presented a report
on services provided by Blue Ridge Behavioral Healthcare during the past fiscal
year. He advised that in fiscal year 2002, staff of the organization delivered over
300,000 units of service to over 10,000 Roanoke City residents, at a calculated value
of $12 million; the City's local tax contributions to the agency's operation was
approximately $400,000.00, which means that Roanoke received approximately
$31.00 worth of service for each tax dollar allocated to the community service board,
or an increase of over $2 per tax dollar over last year. He stated that the Child and
Family Services division moved its operation to the corner of Liberty and Williamson
Roads, which has provided improved access, and Blue Ridge Behavioral Healthcare
has taken over operation of the Burrell Nursing Center and is currently in the
process of space and program planning and development of a renovation design
that will respect the architecture and legacy of the historic structure; and the
Shenandoah Recovery Center admitted 163 City residents who met the criteria for
temporary detention orders and/or civil commitment orders.
He advised that one of the main goals of Blue Ridge Behavioral Healthcare is
to keep down admissions to State hospitals so that patients may be treated on the
local level and returned to the community; a full-time child and adolescent
psychiatrist was been added to the staff to provide medical support to children with
behavioral health disorders, and the psychiatric system program has served more
than 834 City of Roanoke clients this year, with a treatment program at Highland
Park and Lincoln Terrace Elementary Schools, The Roanoke Academy for
Mathematics and Science, and Addison Aerospace Middle School. He noted that
the Adult Resources Management Program and Mental Health and Mental
Retardation, along with the assisted living facilities program, serve 767 adults in
Roanoke City; and a contractual agreement with KUUMBA Community Health and
Wellness Center has provided 52 City residents with mental health, and substance
abuse counseling and 103 City residents with case management services. Hecalled
attention to statements by the Governor that a major reconfiguration of the public
system of care for the mentally disabled is in the works, and the Roanoke area has
been working with senior staff in the Department of Mental Health, Mental
Retardation and Substance Abuse in Richmond on a restructured process, with the
goal of bringing staff from State hospitals into the communityto help localities offset
any loss of funds, which is hoped to bring a positive change in the system of mental
health care, both statewide and locally, in the near future.
310
Mr. Williams stated that Blue Ridge Behavioral Healthcare is experiencing an
increased demand for its services, while at the same time, it is experiencing
significant funding cuts and the organization will do everything within its power to
minimize the impact on the citizens of Roanoke. He advised that when Blue Ridge
Behavioral Healthcare submits its funding request for fiscal year 2004, it will be with
the full recognition that Virginia's budget cuts have affected all citizens and
organizations, and trusts that the City of Roanoke will continue to provide financial
support to the best of its ability. By the same token, he stated that Blue Ridge
Behavioral Healthcare pledges to provide the best of services that can be provided
to those citizens who need to be served.
Council Member Wyatt inquired about the impact of the Olmstead Act on the
City of Roanoke; whereupon, S. James Sikkema, Executive Director, advised that a
major task force is addressing Olmstead planning for the Commonwealth of Virginia;
however, at this point there is a broad base of representation, not only from persons
experiencing mental disabilities, but physical disabilities as well. He stated that
plans are being developed, all stakeholders are at the table, and the task force is
defining the scope in which Virginia will address the Olmstead Act, the Federal
responsibility that the Act entails, and additional reports will be forthcoming in
February/March, 2003.
Council Member Bestpitch addressed deinstitutionalization and advised that
it appears that each time there is another restructuring, there is more responsibility
at the local level without sufficient additional resources to meet the responsibilities.
He expressed concern that persons from a local community, who are committed to
State hospitals, are admitted without cost to the localities; however, it would seem
that localities would be better served if more of those dollars were distributed
among the localities to provide services on a local level, and then if a person has to
be sent to a State hospital, some of the dollars would go with that individual. He
inquired if the State is giving consideration to that concept.
Mr. Sikkema responded that the Governor has allowed the Roanoke
department to develop a reinvestment plan which identifies resources in the
institution to reinvest in the community, and the proposal Blue Ridge Behavioral
Healthcare has developed is intended to blend resources and to develop a single
continuum of care.
Without objection by Council, the Mayor advised that the annual report would
be received and filed.
POLICE DEPARTMENT-FIRE DEPARTMENT: Robert L. Humphreys, Vice-
Chair, Roanoke Arts Commission and liaison from the Arts Commission to the
Roanoke Firefighters Memorial Committee, appeared before Council on behalf of the
Roanoke Fireflghters Association. He presented a token of appreciation to Council
311
for funding the Roanoke Fallen Firefighters Memorial, which is a bronze casting of
the original design by Ms. Betty Branch and is one of an edition of ten that the
Roanoke Firefighters Association commissioned Ms. Branch to create at the time
she designed the larger fallen fireflghter sculpture.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-ROANOKE PASSENGER STATION RENOVATION PROJECT-TEA-21:
The City Manager submitted a communication advising that the Western Virginia
Foundation for the Arts and Sciences (WVFAS) received notification in July, 2002
that its application for Transportation Enhancement funds through the
Transportation Equity Act for the 21 ,t Century (TEA-21) for the Roanoke Passenger
Station Renovation Project was approved, in the amount of $500,000.00, which is in
addition to the $488,000.00 in Enhancement funds approved in 200'1, bringing the
total to $988,000.00; and other State-provided funding of $500,000.00 has been
committed to the project which currently totals approximately $1.9 million,
considering both State and local funding; the City of Roanoke must enter into
separate supplemental agreements with the WVFAS and the Virginia Department of
Transportation (VDOT), which define the responsibilities of each party; authority for
the VDOT agreement was previously authorized by action of Council on January 22,
2002, pursuant to Resolution No. 35734-0`12202; authorization for the WVFAS
agreement is needed from Council; the WVFAS would be responsible for the match
requirement of $125,000.00; and the $500,000.00 of TEA-21 Enhancement funds need
to be appropriated (to be reimbursed by VDOT) to Project Account No. 008-530-9900-
9007 for disbursement to the Western Virginia Foundation for the Arts and Sciences.
The City Manager recommended that she be authorized to execute all
necessary and appropriate agreements with the Western Virginia Foundation for the
Arts and Sciences, in such form as is approved by the City Attorney; that Council
appropriate $500,000.00 of TEA-21 Enhancement funds (to be reimbursed by VDOT)
to Project Account No. 008-530-9900-9007 for disbursement to the WVFAS; and
establish a revenue estimate of the same for State reimbursement through the TEA-
21 program.
Mr. Carder offered the following budget ordinance:
312
(#36156-121602) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 5.)
Mr. Carder moved the adoption of Ordinance No. 36156-121602. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris,
and Mayor Smith .......................................................................................... -6.
NAYS: None ................................................................................ -0.
(Council Member Wyatt was out of the Council Chamber when the vote was
recorded.)
Mr. Carder offered the following ordinance:
(#36157-121602) AN ORDINANCE authorizing the City Manager to enter into
an Agreement between the City of Roanoke and the Western Virginia Foundation for
the Arts and Sciences ("WVFAS"), and dispensing with the second reading of this
ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 6.)
Mr. Carder moved the adoption of Ordinance No. 36157-121602. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris,
and Mayor Smith ..................................................................................... -6.
NAYS: None ................................................................................... 0.
(Council Member Wyatt was out of the Council Chamber when the vote was
recorded.)
CITY CODE-PROCUREMENT CODE: The City Manager submitted a
communication advising that certain sections of the Virginia Public Procurement Act
(VPPA) apply to all localities; other sections may be replaced by a local alternative;
and in 1982, the City of Roanoke adopted Chapter 23.1 Procurement, as a local
alternative.
313
It was further advised that a proposed ordinance repeals Chapter 23.1,
Procurement and replaces the chapter with a new chapter, Chapter 23.2,
Procurement, which fully implements the Virginia Public Procurement Act; Chapter
23.2 will apply to all Council-Appointed Officers, Constitutional Officers, divisions,
departments, offices, boards, agencies, and commissions of the City, except the
School Board which has its own procurement policy; Chapter 23.2 establishes the
City Manager's authority to execute contracts, promulgate procedures, and
determine the method of procurement; where required, the new chapter
supplements the VPPA; for example, the VPPA allows a debarment procedure, but
only if adopted by local ordinance.
It was explained that adopting Chapter 23.2 has several advantages which will
further Council's goal to streamline its agenda process:
Council will delegate to the administration the authority to
decide whether competitive sealed bidding or competitive
negotiation is the appropriate form for various
procurements. There were nine such reports in the past
year.
Council will delegate the authority to the City Manager to
accept or reject bids/proposals for procurements. There
were 55 reports accepting bids/proposals last fiscal year
and five reports rejecting bids/proposals over $75,000.00
in the past 12 months.
A local procurement manual based on well established
State procedures can be implemented.
It was further explained that the risk of error by Purchasing staff will be
reduced by having a single source for law and procedures instead of dealing with
a City Code and State Code that may conflict.
The City Manager advised that Council must be kept informed; the Purchasing
Division posts all solicitations and awards over $30,000.00 to the Purchasing web
page on roanokegov, com; and by adding bid tabulations to the awards section and
extending the time each award is posted, Council will have the opportunity to review
majqr procurements.
The City Manager recommended that Council adopt an ordinance amending
the Code of the City of Roanoke (1979), as amended, by repealing Chapter 23.1
Procuremenl[, and adopting a new Chapter 23.2 Procurement, in order to revise and
update the City's regulations pertaining to procurement and to conform such
regulations to State law.
314 -
Mr. Carder offered the following ordinance:
(#36158-121602) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by repealing Chapter 23.1, Procurement, and adopting anew
Chapter 23.2, Procurement, in order to revise and update the City's regulations
pertaining to procurement and to conform them to State law; and dispensing with
the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 7.)
Mr. Carder moved the adoption of Ordinance No. 36158-121602. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris,
and Mayor Smith ........................................................................................ 6.
NAYS: None ........................................................................................ 0.
(Council Member Wyatt was out of the Council Chamber when the vote was
recorded.)
CITY MARKET-BUDGET-CITY PROPERTY: The City Manager submitted a
communication advising that on December 31, 2002, the current lease agreement
with Downtown Associates for the Market Building will expire; and as the City
prepares to assume operation of the building on January 1, 2003, a budget must be
adopted and appropriate revenue and expenditure accounts established, which will
enable the City to continue operation of the facility until the end of the fiscal year
when a complete budget will be drafted and adopted for next fiscal year.
It was further advised that Spectrum Design completed a Conditions
Assessment Study of the Roanoke City Market Building on October 2, 2002, and
identified numerous deficiencies and other needed repairs to enhance usability of
the facility totaling $293,975.00; and a list of budget accounts totalling $140,000.00
for monthly rental deposits and monthly expenditures associated with operation of
the Market Building must be established prior to January 1,2003, when the first rent
payments are due to be mailed to the City.
It was noted that total repairs currently needed to address the most critical
concerns are estimated to cost $295,000.00, which amount only begins to address
the many repairs that are needed; and funds can be appropriated from Capital
Projects Fund Account No. 008-052-9575-9173.
315
The City Manager recommended that Council authorize the Director of Finance
to establish a new fund, the Market Building Operations Fund, and adopt the
proposed operating budget; and further authorize appropriation of $295,000.00 from
Account No. 008-052-9575-9173 to a capital account to be established by the Director
of Finance in the Market Building Operations Fund for repairs to the Market Building.
Mr. Carder offered the following budget ordinance:
(#36159-121602) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 9.)
Mr. Carder moved the adoption of Ordinance No. 36159-121602. The motion
was seconded by Mr. Dowe.
Council Member Cutler inquired if there are long term plans to address the
City Market Building and how do the repairs rank in the City's capital projects plan.
The City Manager responded that a significant and identified need is replacement of
the heating and air conditioning system, which ranges from approximately
$600,000.00 - $900,000.00, staff is investigating the possibility of a mutual
arrangement with the Art Museum and Center in the Square, but for the upcoming
summer season, it is intended to use temporary air conditioning to facilitate
operation of the building. She called attention to certain other long term repairs that
are needed over the next three to five years, some of which will be deferred pending
receipt of a comprehensive plan for use or re-use of the second and third floors of
the building. She explained that the $95,000.00 is sufficient to meet all of the
immediate needs for a one to two year period, and a three to five year plan will be
submitted following a study related to the best use of the additional floors.
Ordinance No. 36159-121602 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................................... -7.
NAYS: None ......................................................................................... 0.
Mr. Dowe offered the following ordinance:
316
(#36160-121602) AN ORDINANCE establishing the Market Building Fund
effective January 1, 2003 and adopting the annual Market Building Fund
Appropriation of the City of Roanoke for fiscal year 2003 for the period beginning
January 1,2003, and ending June 30, 2003; and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 10.)
Mr. Dowe moved the adoption of Ordinance No. 36160-121602. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................................ 7.
NAYS: None .................................................................................... 0.
BUDGET-PARKS AND RECREATION: The City Manager submitted a
communication advising that in 1999, the City of Roanoke issued general obligation
bonds to finance various capital improvement projects; among the projects were
repairs and improvements to the parks system; and in August 2000, $3,688,369.00
of bond funds were appropriated to 12 different capital accounts, with each account
dealing with a different category of park improvement or repair.
It was further advised that among the 12 capital accounts, one was
established for Athletic Field Lighting and Improvements, while another was
established for Comfort Station Replacement; all projects originally identified for
Account No. 008-620-9738 have been completed, with funds remaining in the
account; Account No. 008-620-9742 lacks sufficient funding, as prices for
replacement of the five restrooms are greater than originally anticipated; and unused
funds from Account No. 008-620-9738 may be transferred to Account No. 008-620-
9742 so that the five restroom replacements may be completed.
The City Manager recommended that Council approve the transfer of
$143,126.00 from Account No. 008-620-9738 to Capital Account No. 008-620-9742.
Mr. Dowe offered the following budget ordinance:
(#36161-121602) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 11 .)
317
Mr. Dowe moved the adoption of Ordinance No. 36161-121602. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
SEWERS AND STORM DRAINS-BUDGET-WATER RESOURCES: The City
Manager submitted a communication advising that drainage problems have existed
for many years along Summit Drive within the Edgewood-Morwanda Summit Hills
neighborhood; problems have included some flooding of residences along Summit
Drive; and the project received a high priority rating, and funding was established
in the 1997 Bond Referendum.
It was further advised that Phase I, completed last year, installed storm drain
and curbing eastward along Summit Drive from the intersection with Glenn Ridge
Road to the cul-de-sac; Phase II continues installation of storm pipe and curbing
westward from Glenn Ridge Road to the western end of Summit Drive; and following
advertisement for and receipt of eight bids, S.C. Rossi & Co., Inc., submitted the Iow
bid, in the amount of $158,000.00, with construction time of 180 consecutive
calendar days, beginning in early February 2003.
It was explained that funding in the amount of $181,700.00 is needed for the
project; additional funds that exceed the contract amount will be used for
miscellaneous project expenses, including advertising, printing and unforeseen
project expenses; and funding is available from Public Improvement Bonds - Series
1999, Account No. 008-052-9709-9176.
The City Manager recommended that Council accept the bid of S.C. Rossi &
Co., Inc., in the amount of $158,000.00, with 180 consecutive calendar days to
construct the project; reject all other bids received by the City; and transfer
$181,700.00 from Public Improvement Bond Series 1999, Account No. 008-052-9709-
9176, to an account to be established by the Director of Finance entitled, Summit
Hills Storm Drain Project - Phase I1.
Mr. Carder offered the following budget ordinance:
(#36162-121602) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 12.)
318
Mr. Carder moved the adoption of Ordinance No. 36162-121602. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .................................................... -7.
NAYS: None ..................
Mr. Carder offered the following ordinance:
(#36163-121602) AN ORDINANCE accepting the bid of S. C. Rossi & Company,
Inc., for installation of storm pipe and curbing westward from Glenn Ridge Road to
the western end of Summit Drive, upon certain terms and conditions and awarding
a contract therefor; authorizing the proper City officials to execute the requisite
contract for such work; rejecting all other bids made to the City for the work; and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 13.)
Mr. Carder moved the adoption of Ordinance No. 36163-121602. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ...................................................................................... 7.
NAYS: None ...................................................................................... 0.
SIDEWALK/CURB AND GUTTER-BUDGET-STREETS AND ALLEYS: The City
Manager submitted a communication advising that Council was recently briefed on
the categories toward which curb and sidewalk projects are being focused using the
$5 million in bond funds generated for this purpose; new construction of curbs and
sidewalks based upon neighborhood plans and their priorities was one such
category; Old Southwest is one of the first such neighborhoods for which the funds
have been identified, and the project consists of installing approximately 7,000
square feet of sidewalk, 6,760 linear feet of curb and 2,500 square feet of entrances
on various streets within the Old Southwest section of the City.
It was further advised that following advertisement, three bids were received
with S. C. Rossi & Co., Inc., submitting the Iow bid, in the amount of $203,065.00, and
construction time of 240 consecutive calendar days.
319
It was explained that funding, in the amount of $223,370.00, is needed for the
project; additional funds that exceed the contract amount will be used for
miscellaneous project expenses, including advertising, prints, test services, minor
variations in bid quantities and unforeseen project expenses; and funding in the
amount of $223,370.00 is available in Public Improvement Bonds - Series 2002,
Streets and Sidewalks, Account No. 008-530-9711-9195.
The City Manager recommended that Council accept the bid of S. C. Rossi &
Co., Inc., in the amount of $203,065.00, with 240 consecutive calendar days, for
completion of the work; reject all other bids received by the City; and transfer
$223,370.00 from Public Improvement Bonds - Series 2002, Account No. 008-530-
9711-9195, to an account to be established by the Director of Finance entitled, Curb,
Gutter and Sidewalk, Phase VII.
Mr. Carder offered the following budget ordinance:
(#36164-121602) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 14.)
Mr. Carder moved the adoption of Ordinance No. 36164-121602. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
Mr. Carder offered the following ordinance:
(#36165-121602) AN ORDINANCE accepting the bid ofS. C. Rossi & Company,
Inc., for installing approximately 7,000 square feet of sidewalk, 6,760 linear feet of
curb and 2,500 square feet of entrances on various streets within the Old Southwest
section of the City, upon certain terms and conditions and awarding a contract
therefor; authorizing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and dispensing
with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 15.)
320 -
Mr. Carder moved the adoption of Ordinance No. 36165-121602. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................... -7.
NAYS: None ....................................................................................... 0.
HUMAN DEVELOPMENT: The City Manager submitted a communication
advising that the Comprehensive Services Act was legislated by the Commonwealth
of Virginia in 1992, and was designed to create a collaborative system of services
and funding for troubled and at-risk children; and the Act covers children who are
in foster care, who have special education needs, children appointed by the courts
for certain services, and children with emotional or behavioral problems that require
extensive services beyond the capacity of one agency.
It was further advised that each locality is responsible for funding a share of
the costs of services provided under the Comprehensive Services Act; the
proportion was initially set based upon historic spending on similar services prior
to enactment of the Act; the City of Roanoke is currently responsible for
approximately 31 per cent of the expenses incurred under the Act; and localities can
apply for and receive supplemental allocations from the State when service costs
exceed those budgeted, however, localities must cover their proportion of additional
costs.
It was stated that in 1998, due to continuing escalation in costs for services,
the State issued additional guidelines requiring localities to adopt a utilization
management program which requires cases to be reviewed individually and
collectively to evaluate quality of services and cost savings opportunities; and
localities may contract with utilization management services, follow a State model,
or design their own model to meet State guidelines.
It was further stated that the case management process is paper intensive and
time. consuming; many forms for case management are completed on a weekly,
monthly, quarterly, or annual basis, depending on the severity of the case; forms are
hand written, which requires the caseworker to rewrite the entire form each time;
case files for long-term cases become very thick and difficult to manage; and
compiling, searching, and analyzing data from individual cases or cases collectively
is much more difficult, and in some cases, impossible when data is handwritten
rather than in electronic format.
321
It was advised that among those recommendations made by the Municipal
Auditor's Office was that an application software system be implemented for case
management, fiscal management, and utilization management; a system that
integrates the service and fiscal data for all cases is necessary before effective
utilization management can be undertaken; and such a system would significantly
improve the documentation process for case workers and capture case data in an
electronic format that can be easily managed, searched, and analyzed; based on
research completed by the Department of Social Services, systems are available and
have been successfully implemented in other localities; and the Department of
Social Services should seek technical support from the City's Department of
Technology in order to develop a recommendation for the Interagency Council to
consider.
It was noted that staff of the City's Social Services, Purchasing and
Technology departments researched potential software solutions to effectively
support CSA requirements; it has been determined that HarmonylS is the sole
source for the application software, and was determined to be the sole source
vendor of CSA software by Hanover, Henrico and Fairfax Counties; the City
developed a requirements document that encompassed the functional requirements
from Social Services Administration, Family Assessment and Planning Teams, City
of Roanoke Schools, as well as technical requirements per the Department of
Technology standards; HarmonylS responded to the requirements document and
was determined to be able to provide the CSA applications software that would
enable the City to effectively manage its CSA case load, in the amount of
$125,718.75; and funds have been appropriated in Account No. 013-430-9853-9015.
The City Manager recommended that she be authorized to enter into a contract
with Harmony Information Systems, Inc., of Alexandria, Virginia, such contract to be
approved as to form by the City Attorney, in the amount of $125,718.75; and funding
for the project is available in Account No. 013-430-9853-9015.
Mr. Cutler offered the following resolution:
(#36166-121602) A RESOLUTION authorizing a contract with Harmony
Information Systems, Inc. of Alexandria, Virginia, for software and services in
connection with the Comprehensive Services Act ("CSA"), and concurring with the
determination of the Director of General Services that such firm is the only source
practicably available to perform such work.
(For full text of Resolution, see Resolution Book No. 67, page 17.)
322 -
Mr. Cutler moved the adoption of Resolution No. 36166-121602. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ................................................................................... 7.
NAYS: None ....................................................................................... 0.
HOUSING/AUTHORITY-COMMUNITY PLANNING-ZONING: The City Manager
submitted a communication advising that on August '12, '1985, the Board of
Commissioners of the Roanoke Redevelopment and Housing Authority ("RRHA")
approved the Redevelopment Plan for the Shaffer's Crossing Community
Development Project dated July 1985, as amended by Amendment No. 1 dated March
1988, and on August 26, 1985, Council approved and adopted the Plan; as part of the
Plan, approximately '18 parcels of land were acquired and disposed to desirous
owners within seven years of the Plan being approved; five lots were designated not
to be acquired and two lots met land use standards, therefore, property owners were
not approached for acquisition purposes; in order to complete the Plan, 22 lots were
identified as lots to be acquired and disposed of in the area; and an estimate of
$'1,237,000.00 is required to complete property acquisition and disposition in the
redevelopment area.
It was further advised that the RRHA has undertaken and completed a
thorough and extensive review of the Plan, including Plan objectives, actions taken,
and results accomplished pursuant to terms of the Plan, including acquisition and
disposition of real property pursuant to the Plan; the RRHA has determined that
continued existence of the Plan is no longer necessary and property owners within
the boundaries of the Plan will not be adversely affected by termination of the Plan.
It was explained that on June 10, 2002, the Board of Commissioners of the
Roanoke Redevelopment and Housing Authority adopted a resolution terminating
the Redevelopment Plan for the Shaffer's Crossing Community Development Project
and recommended that Council consider and approve such action; and the RRHA
has given appropriate Notice of Termination of the Plan to all land owners within
Plan boundaries and no objections to Plan termination have been expressed.
The City Manager recommended that Council approve deletion of the portion
of the July '19, 1985, Redevelopment Plan, as amended, in regard to the Shaffer's
Crossing Community Development Project.
Mr. Carder offered the following resolution:
323
(#36167-121602) A RESOLUTION concurring in the deletion of the portion of
the July 19, 1985, Redevelopment Plan, as amended, pertaining to Shaffer's
Crossing Community Development Project.
(For full text of Resolution, see Resolution Book No. 67, page 18.)
Mr. Carder moved the adoption of Resolution No. 36167-121602. The motion
was seconded by Mr. Dowe.
Ms. Lourice Thomas, 4053 Clairmont Drive, S. W., addressed Council in
connection with property that she owns in the Shaffers Crossing Redevelopment
area. She stated that she was advised, through her attorney, that City staff
previously indicated that it would be pointless to file a rezoning petition for C-2
inasmuch as the total area is designated Light Manufacturing District in a long range
plan, and in view of the fact that the parcel of land contains less than two acrus. If
the Shaffers Crossing project is resolved, she suggested that the City consider
reinstating previous zoning in which C-2 Commercial would be allowed in a Light
Manufacturing District.
Following discussion, Resolution No. 36167-121602 was adopted by the
following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
It was the consensus of Council that the concerns of Ms. Thomas would be
referred to the City Manager for report.
COMMUNITY PLANNING-STREETS AND ALLEYS-HOUSING/AUTHORITY: The
City Manager submitted a communication advising that the City currently owns a
29.2 acre tract of land located at the edge of the City limits on Colonial Avenue,
S. Wi, adjacent to Carillon Medical Center; on October 20, 2002, the City advertised
a Request For Proposal entitled, "Colonial Avenue Development project" requesting
proposals for development of an upscale, mixed-use community; and in response
to the request, two proposals were received, one of which was submitted after the
deadline and the other proposal was not responsive inasmuch as it failed to provide
all required information.
It was further advised that according to the Comprehensive Plan, Vision 2001 -
2020, the City will have a balanced, sustainable range of housing choices in all price
ranges and design options throughout the City that encourage social and economic
diversity; and neighborhoods will function as villages, offering opportunities to live,
work, shop, play and interact in a neighborhood setting.
324
It was explained that analysis of the site revealed that the property is ideal for
development of an upscale, "traditional neighborhood development" that includes
residential single-family, multi-family, retail and live/work space; and the City
expects the project to reflect state of the art construction methods for apartments,
town homes and single-family houses, while providing alternative residential options
within the context of the Comprehensive Plan.
The City Manager recommended that Council reject all proposals and that she
be authorized to revise and re-advertise the project in an effort to secure a
development team to develop a first-class, mixed-use community.
Mr. Carder offered the following resolution:
(#36168-121602) A RESOLUTION rejecting all proposals received in response
to the Request for Proposals for the development for an upscale, mixed-use
community for a 29.2 acre tract of land situated at the edge of the city limits on
Colonial Avenue and adjacent to the Carillon Medical Center.
(For full text of Resolution, see Resolution Book No. 67, page 19.)
Mr. Carder moved the adoption of Resolution No. 36168-121602. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
PARKS AND RECREATION-DONATIONS/CONTRIBUTIONS-ACTS OF
ACKNOWLEDGEMENT: The City Manager submitted a communication advising that
the LifeNet Donor Memorial Foundation Inc., (LifeNet) of Roanoke Virginia, an organ
donation resource entity, contacted the Department of Parks and Recreation with the
proposal to sponsor a small portion of the Roanoke River Greenway located along
Wiley Drive; and the proposal is to establish an enhanced recreational experience
area for greenway users that would include a soft, sustainable landscape design
consistent with both Roanoke's Vision 2020 and the Parks and Recreation Master
Plan.
It was further advised that the Department of Parks and Recreation has
examined the proposal to provide funding for amenities, landscaping, and signs for
an area approximately 200'X18' along the renovated section of the Roanoke River
Greenway through Wiley Drive, located between the Franklin Road underpass and
terminus of the greenway section at Wiley Drive; in reviewing the proposed
325
partnership with LifeNet, Parks and Recreation included both initial costs for
materials, as well as on-going maintenance costs required to address improvements
to the site for a ten-year period; and LifeNet proposes to provide the City with a one-
time donation of $5,000.00 to subsidize the City's expenses for site amenities and
maintenance costs.
The City Manager recommended that she be authorized to execute a contract
on behalf of the City of Roanoke and accept the $5,000.00 donation from the LifeNet
Donor Memorial Foundation, Inc.; and that Council appropriate $5,000.00 to Parks
and Recreation, Account No. 001-620.4340.30'11, to offset project expenditures and
establish a revenue estimate in the same amount.
Mr. Carder offered the following budget ordinance:
(#36169-121602) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 20.)
Mr. Carder moved the adoption of Ordinance No. 36169-121602. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
Mr. Carder offered the following ordinance:
(#36170-121602) AN ORDINANCE authorizing the City Manager to enter into
an Agreement between the City of Roanoke and LifeNet Donor Memorial Foundation,
Inc. ("LifeNet"), for sponsorship of a small portion of the Roanoke River Greenway
located along Wiley Drive, accepting a one-time donation of $5,000.00, and
dispensing with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 21.)
Mr. Carder moved the adoption of Ordinance No. 36170-121602. The motion
was seconded by Mr. Dowe and adopted by the following vote:
326 -
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ................................................................................ 7.
NAYS: None ............................................................................... -0.
It was the consensus of Council that the LifeNet Donor Memorial Foundation,
Inc., will be presented with a "Shining Star" award at a future City Council meeting.
PARKS AND RECREATION-SPECIAL EVENTS: The City Manager submitted a
communication advising that Easter Seals of Virginia has operated musical concerts
for years to benefit citizens and visitors of the Roanoke Valley, which concerts have
included various jazz and swing bands that attract more than 2,000 attendees to
each performance; and the concerts have promoted a positive impact upon the City
of Roanoke, while enhancing the cultural and social opportunities available in this
area.
It was further advised that as specified in the Agreement, Easter Seals of
Virginia is interested in promoting an event in Elmwood Park for a period of three
years, ending on December 31, 2005; annually, each of the approximately 19
concerts will be held from 5:30 p. m. - 8:30 p. m., but Easter Seals of Virginia will
have access to the park until 11:00 p. m., for clean-up; in conjunction with Easter
Seals of Virginia, the City will co-sponsor this event by providing security, parking,
and manpower through the Sheriff's Department and Police Department, pursuant
to conditions set forth in the Agreement; and based upon the expected economic
impact, the City's return shall more than exceed expenses of the program.
The City Manager recommended that she be authorized to execute an
Agreement, to be approved as to form by the City Attorney, between the City of
Roanoke and Easter Seals of Virginia, for a period of three years, and to take such
further action as reasonably necessary to implement and administer the Agreement.
Mr. Carder offered the following ordinance:
(#36171-121602) AN ORDINANCE authorizing the City Manager to enter into
an Agreement between the City of Roanoke and Easter Seals of Virginia for use of
a portion of certain City-owned property known as Elmwood Park, to operate a
series of musical concerts, and dispensing with the second reading of this
ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 22.)
Mr. Carder moved the adoption of Ordinance No. 36171-121602. The motion
was seconded by Mr. Dowe and adopted by the following vote:
327
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
REPORTS OF COMMITTEES:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting the following appropriation of funds to various school accounts; and a
report of the Director of Finance recommending that Council concur in the request,
were before the body.
$34,961.00 from School Food Services fund balance available for
appropriation for food service equipment.
$46,213.00 for the FY2001-02 Title I Local Delinquent Children Grant to
provide transition services to youth exiting the Juvenile Detention
Center and youth entering Youth Haven. This continuing program is
100 per cent reimbursed by Federal funds.
$55,252.00 for the FY2002-03 Title I Local Delinquent Children Grant to
provide transition services to youth exiting the Juvenile Detention
Center and youth entering Youth Haven. This continuing program is
100 per cent reimbursed by Federal funds.
$763,520.00 for the Title I Winter program to provide remedial reading,
language arts and mathematics instruction for students in targeted
schools. This continuing program is 100 per cent reimbursed by
Federal funds.
$281,628.00 for the Title II, Part A program to provide funds for the
placement of classroom teachers in grades one through th ree to reduce
class size and provide funds for teacher and principal training. This
continuing program will be reimbursed by Federal funds.
$10,559.00 for the Title II program to provide services to students with
limited English proficiency and to immigrant children. This continuing
program will be funded with Federal funds.
$421,144.00 for the Flow Through program to provide aid for the
education and guidance of handicapped students. This continuing
program will be 100 per cent reimbursed by Federal funds.
328
$90.00 for the Preschool Incentive program to provide orientation and
evaluation of handicapped students who will be entering the public
school system for the first time during the fall. This continuing
program will be reimbursed 100 per cent by Federal funds.
$42,165.00 for the Special Education Capacity Building (Sliver) program
to provide funds to assist the division in providing direct services and
in making systemic change to improve results for children with
disabilities. This continuing program will be reimbursed 100 per cent
by Federal funds.
$30,000.00 for the Blue Ridge Technical Academy Bio-Medical Career
Laboratory program, to provide for the installation and operation of a
bio-medical career laboratory at the Academy. A corporate donation
has been received.
$37,642.00 for the Adult Basic Education program to provide funds for
the education of adults who have not completed high school. This
continuing program will be reimbursed 100 per cent by Federal funds.
$62,173.00 for the Regional Adult Literacy program to provide funds for
the administration of adult literacy programs. This continuing program
will be reimbursed 100 per cent by Federal funds.
$98,494.00 for the Drug Free Schools program to provide funding for
one student assistance counselor at the secondary level to work with
substance abuse issues. This continuing program will be reimbursed
100 per cent by Federal funds.
$121,695.00 for the Enhancing Education Through Technology grant to
provide materials and training to implement mobile wireless
laboratories at six elementary schools. This new program will be
reimbursed 100 per cent by Federal funds.
$2,640.00 for the PASS Initiative for Roanoke Academy for Mathematics
and Science to provide funds for contracted technical assistance at the
school. This new program will be reimbursed 100 per cent by State
funds.
Mr. Harris offered the following budget ordinance: __
329
(#36172-121602) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 School and School Food Services Funds Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 67, page 23.)
Mr. Harris moved the adoption of Ordinance No. 36172-121602. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayor Smith ................................................................................................ 7.
NAYS: None ........................................................................................ 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION (ROANOKE
VALLEY/ALLEGHANY REGIONAL COMMISSION): Mr. Bestpitch offered the following
resolution authorizing execution of an Early Action Compact for the Roanoke
Metropolitan Statistical Area:
(#36186-121602) A RESOLUTION authorizing execution of an Early Action
Compact for the Roanoke Metropolitan Statistical Area.
(For full text of Resolution, see Resolution Book No. 67, page 50.)
Mr. Bestpitch moved the adoption of Resolution No. 36186-'121602. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .......................................................................................... 7.
NAYS: None ........................................................................................ 0.
330
BUSES-CITY EMPLOYEES: Council Member Wyatt suggested that the City
Manager study the feasibility of offering incentives to those City employees who ride
Valley Metro to work, in lieu of driving their personal vehicles.
Council Member Cutler advised that the City of Chattanooga, Tennessee, uses
electric buses, and inquired if Valley Metro could move in that direction over time;
whereupon, the City Manager advised that the inquiry will be reviewed by staff.
BUDGET-SNOW REMOVAL-EQUIPMENT: Council Member Wyatt inquired as
to whether vehicles were rented from a local construction company in connection
with recent snow removal efforts, and, if so, what were the costs incurred by the
City.
BUDGET-CITY GOVERNMENT: Council Member Wyatt requested a status
report on those services that have been contracted out by the City, the cost of such
services prior to contracting out, and cost savings to the City, if any, as a result of
contracting for the services.
WATER RESOURCES: Council Member Carder added his support to previous
remarks offered by Council Member Cutler with regard to a public hearing on an
increase in City water rates. He also spoke in support of an independent water
authority.
DOWNTOWN ROANOKE, INCORPORATED-SPECIAL EVENTS: Due to
inclement weather, Council Member Carder advised that the annual Christmas
Parade, which was scheduled for Friday, December 13, was postponed and has been
rescheduled for Friday, December 20, at 6:30 p.m.
ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES-WATER RESOURCES:
The Mayor advised that the year 2002 was filled with trials and tribulations with
regard to the City's water supply as a result of the lack of rainfall; whereupon, he
commended the City Manager and City staff on their efforts to identify additional
sources of water. He advised that it has been an honor to serve as Mayor during the
past calendar year, and he looks forward to many successes in the year 2003. He
extended best wishes to the citizens of the City of Roanoke for a happy and joyous
holiday season.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response, report and
recommendation to Council.
No citizen requested to be heard.
331
CITY MANAGER COMMENTS:
CITY EMPLOYEES-SNOW REMOVAL-WATER RESOURCES: The City Manager
commended City staff on snow removal efforts during a recent snow event. She
advised that the snow was followed by rainfall which caused the water level at
Carvins Cove Reservoir to rise to 18.8 feet below spillway, and even though the
water level has risen, she encouraged citizens of the City of Roanoke to continue
their efforts to conserve water.
WATER RESOURCES: The City Manager called attention to a ceremony
dedicating the Crystal Spring Filtration Plant on Wednesday, December 18, 2002, at
12:30 p.m.
ZONING-CITY COUNCIL-COMMUNITY PLANNING: The City Manager proposed
that Council and the City Planning Commission hold a joint public hearing on
Tuesday, January 21,2003, at 7:00 p.m., or as soon thereafter as the matter may be
heard, in the City Council Chamber, with regard to a measure regulating tattoo
parlors in the City of Roanoke.
REFUSE COLLECTION-CITY EMPLOYEES: On behalf of City staff, the City
Manager expressed appreciation to the Mayor and Members of Council for granting
December 24, 2002, as an additional holiday for City employees. She advised that
Solid Waste personnel will collect refuse during the week of Christmas on Monday,
Tuesday, Thursday and Friday and will take the additional holiday at a later date.
CITY MANAGER-CITY COUNCIL: Ms. Burcham expressed appreciation for the
opportunity to serve as City Manager of the City of Roanoke. She advised that she
looks forward to a prosperous new year for the citizens of Roanoke and for the
Mayer and Members of City Council.
At 3:40 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in City Council's Conference Room for a briefing with regard to certain
traffic calming proposals.
At 3:45 p.m., the Council meeting reconvened in the Council's Conference
Room for briefings on traffic calming, with all Members of the Council in
attendance, Mayor Smith presiding.
TRAFFIC: The City Manager introduced a briefing with regard to traffic
calming in the Grandin Road area and the Bullit-Jamison corridor in southeast
Roanoke.
332
Robert K. Bengtson, Director of Public Works, advised that the City's
Comprehensive Plan, Vision 2001-2020, identifies actions needed with respect to
streetscape and traffic calming on Roanoke's road system. He further advised that
due to the presence of traffic barrels currently in use for the control of traffic
approaching the Memorial Avenue Bridge project, staff has discovered that the
12,000 vehicles that use this roadway on a daily basis can be reasonably
accommodated using two of the four travel lanes of Memorial Avenue from Grandin
Road to the Memorial BHdge, and continuing for a short distance on 13th Street,
S.W.
Mr. Bengtson and Kenneth H. King, Traffic Engineer, presented a concept plan
demonstrating how this portion of Memorial Avenue could be repaved and remarked
for two lanes of traffic instead of the existing four lanes, with the remaining two
lanes that would no longer be used for traffic to be dedicated to full time use for on-
street parking (rather than used during the peak hour with parking restricted);
additional enhancement features include certain areas of textured pavement,
landscaped traffic islands, street trees and gateway signage for the village center
area. It was noted that sidewalk replacement and sidewalk/curb extensions may
also be incorporated into the design; and plans will continue to be developed prior
to a staff presentation of plans to the Greater Raleigh Court Civic League at its
meeting on January 9, 2003.
Mr. King advised that one block of Grandin Road (Memorial Avenue to
Westover Avenue) can be repaved and restriped to provide for two traffic lanes and
"back-in" diagonal parking on the west side of the block to narrow the perceived
width of the road; additional enhancement features Include textured crosswalks and
sidewalk/curb extensions that can provide opportunity areas for landscape
enhancements; drainage inlets in the curb may require adjustments due to the curb
extension; and diagonal parking fits better on the west side of the block due to the
offset in the alignment of the next block of Grandin Road.
Vice-Mayor Harris suggested that the fence at Virginia Heights Elementary
School also be evaluated for possible upgrade.
Christopher Chittum, Senior Planner, Department of Planning, Building and
Development, presented a briefing on traffic calming in the Bullitt-Jamison corridor
and showed a typical intersection along the corridor. He advised that although the
overall goal of the plan is to improve the livability along the street, the focus of the
traffic calming strategy is on narrowing both the perceived and real width of the
street to slow down traffic, which could be accomplished through tree planting,
curb extensions, on-street parking, a colored shoulder, and colored crosswalks.
333
Mr. King advised that other traffic calming measures could be used in addition
to those shown, and Mr. Chittum noted that the project could be completed within
a period of two years. He added that City staff is currently working on certain two.
way scenarios, which would involve longer term projects.
The City Manager noted that the project would not prevent a future conversion
to two.way traffic if the traffic calming measures are not effective.
Council Member Wyatt advised that motorists tend to build up speed as they
enter the City of Roanoke from the Town of Vinton, and requested that City staff
look at Dale Avenue between the Town of Vinton and 13th Street, S. E.
Following the briefings, the Mayor declared the Council meeting in recess for
one Closed Session to discuss vacancies on certain Council-Appointed Committees.
Following the Closed Session, the Mayor declared the meeting in recess until
5:00 p.m., for dinner, to be followed by a Closed Session on a personnel matter,
being the mid-year performance evaluations of three Council-Appointed Officers.
At 7:00 p.m., on Monday, December 16, 2002, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the
following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Smith .............................................................................................. 7.
ABSENT: None ................................................................................... -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The reconvened meeting was opened with a prayer by Council Member
Alfred T. Dowe, Jr.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
334
COUNCIL: With respect to the two Closed Meetings concluded earlier in the
day, Mr. Harris moved that each Member of City Council certify to the best of his or
her knowledge that: (1) only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of Information Act; and (2) only
such public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council.'~ The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .................................................................................... -7.
NAYS: None ...................................................................................... 0.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGEMENT: The Mayor advised that Shining Star
Awards are presented to those persons who go above and beyond the call of duty
to be of service to their fellow man and woman and to their community; whereupon,
he advised that Shining Star Awards would be presented to Dr. Carol Gilbert, the
Garden City Recreation Club, and the Garden City Civic League.
He advised that Dr. Gilbert has received numerous awards and citations for
her outstanding contributions, but locally she has served as the Operational Medical
Director for Roanoke Fire/EMS since 1988. Without request for compensation, the
Mayor advised that Dr. Gilbert has given countless hours toward development,
growth and improvements in EMS delivery in the City of Roanoke, she served on the
EMS Advisory Board during the mid to late 1980's, which provided guidance in
development of the City's paid EMS program; and she is actively involved in
providing medical direction, training and quality assurance for EMS providers, both
volunteer and career, in the City of Roanoke.
The Mayor further advised that the Garden City Recreation Club and the
Garden City Civic League jointly donated a picnic shelter for Garden City Park; they
have worked with the Recreation Department for the betterment of the community
for a number of years and they have been instrumental in making numerous
improvements to Garden City Park. He stated that present Garden City Park
amenities include only a playground, restrooms and athletic fields, so the picnic
shelter will be a welcomed addition for not only Garden City residents, but all City
residents to enjoy.
The Mayor presented Dr. Gilbert, Ms. Diane Alexander representing the
Garden City Recreation Club, and Mr. Charles Hancock representing the Garden City
Civic League, with Shining Star Award trophies.
335
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Mo~.day,
December '16, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the request of Dudley Automotive Corp. to rezone a tract of land lying on
Campbell Avenue, S. W., Official Tax No. 12204'15, from RM-2, Residential Multi.
family, Medium Density District, to C-2, General Commercial District, subject to
certain conditions proffered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 29, 2002, and Friday, December 6, 2002.
A report of the City Planning Commission advising that the purpose of the
request for rezoning is to use the subject property for temporary parking and storage
of vehicles waiting for service or repairs at the petitioner's garage; and at a public
hearing which was held on Thursday, November 21, 2002, the petitioner's attorney
agreed to amend proffered conditions to include limited access to the subject
property, installation of a vinyl fence, and setback of the fence from property lines
on the western and northern boundaries, ten feet and five feet respectively, with
landscaping buffers installed on the outside of the fencing in those areas, was
before Council.
The City Planning Commission recommended that Council approve the
request for rezoning, with amended proffers. It was advised that given the adjacent
land uses and zoning patterns, the requested C-2, General Commercial District, is
appropriate, provided the integrity of the adjacent residential neighborhood is
protected and amended proffers provide a reasonable approach to buffering the
residential neighborhood from the proposed use.
Mr. Dowe offered the following ordinance:
(#36173-121602) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 112, Sectional '1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this ordinance
by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 27.)
Mr. Dowe moved the adoption of Ordinance No. 36173-121602. The motion
was seconded by Mr. Harris.
336 -
Roy V. Creasy, Attorney, appeared before Council on behalf of the request of
his client.
The Mayor inquired if there were persons present who would like to address
Council in connection with the request for rezoning. There being none, he declared
the public hearing closed.
There being no discussion by Council, Ordinance No. 36173-121602 was
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ................................................................................... 7.
NAYS: None ..................................................................... -0.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, December 16, 2002, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of Dudley Automotive Corp. that an alley lying between
Official Tax Nos. 1220415 and 1220416, be permanently vacated, discontinued and
closed, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 29, 2002, and Friday, December 6, 2002.
A report of the City Planning Commission advising that the petition is
concurrent with the petitioner's request to rezone Official Tax No. 1220415 from
RM-2, Residential Multi Family, to C-2, General Commercial District; and the
petitioner intends to add the alley to the site where he operates an automotive repair
shop, was before Council.
The City Planning Commission recommended that Council approve the
request, subject to certain conditions.
Mr. Dowe offered the following ordinance:
(#36174-121602) AN ORDINANCE permanently vacating, discontinuing and
closing certain public rights-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading of this
ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 29.)
337
Mr. Dowe moved the adoption of Ordinance No. 36174-121602. The motion
was seconded by Mr. Harris.
Roy V. Creasy, Attorney, appeared before Council in support of the request
of his client.
The Mayor inquired if there were persons present who would like to address
Council in connection with the closure of rights-of-way. There being none, he
declared the public hearing closed.
There being no discussion by Council, Ordinance No. 36174-121602 was
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................................... 7.
NAYS: None ................................................................................. 0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
December 16, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the request of WS Associates of Virginia, L. L. C., to rezone two tracts of land
located at the intersection of 1261 Riverland Road and Garden City Boulevard, S. E.,
identified as Official Tax Nos. 4360104 and 4360103, from RM-I, Residential Multi-
family, Low-Density District, to C-2, General Commercial District, subject to certain
conditions proffered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Saturday, November 30, 2002, Saturday, December 7, 2002, and Saturday,
December 14, 2002.
A report of the City Planning Commission advising that the petitioner plans
to construct a "country-store style" neighborhood convenience store, with gasoline
sales, and incorporate a fast food restaurant tenant, which use requires a special
exception from the Board of Zoning Appeals, was before Council.
The City Planning Commission recommended that Council approve the
request for rezoning, advising that given the proffered uses, consistency of the
location with the "Automobile-Oriented Village Center" concept, and proffered
conditions that address development issues of off-street parking, signage, and a gas
pump island canopy, the request for rezoning to General Commercial, with proffered
conditions, is an appropriate use of the property.
338 -
Mr. Carder offered the following ordinance:
(#36175-121602) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 436, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 31.)
Mr. Carder moved the adoption of Ordinance No. 36175-121602. The motion
was seconded by Mr. Dowe.
Maryellen F. Goodlatte, Attorney, appeared before Council in support of the
request of her client.
The Mayor inquired if there were persons present who would like to address
Council in connection with the request for rezoning. There being none, he declared
the public hearing closed.
There being no discussion by Council, Ordinance No. 36175-121602 was
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................ - ............................................. -7.
NAYS: None ...................................................................................... -0.
ZONING-Y.M.C.A.-CITY PROPERTY: Pursuant to Resolution No. 25523 adopted
by the Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, December 16, 2002, at 7:00 p.m., or as soon thereafter as the
matter may be heard, with regard to a proposal of the City of Roanoke to convey, by
exchange, a portion of City-owned property bearing Official Tax Nos. 1113418 and
1113419, for development and use of a new facility between the Young Men's
Christian Association (YMCA) and the City of Roanoke, the matter was before the
body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, December 8, 2002.
The City Manager submitted a communication advising that in July 2001,
Council approved execution of the collaborative Agreement for partnering ox the
development and use of a new facility between the YMCA and the City of Roanoke;
339
progress of the Agreement was halted when it was discovered that a parking
arrangement with a nearby church was not taken into consideration; while
reassessing terms and provisions of the agreement, other facts became apparent;
and the original Agreement did not take into consideration several issues that the
proposed new Agreement addresses.
It was further advised that in the original Agreement the YMCA made certain
warranties with regard to the property; the YMCA was to convey to the City as to the
environmental representations known; however, an environmental site assessment
has since been completed, which has determined that there is an underground fuel
storage tank and friable asbestos insulation in certain parts of the YMCA structure
that may require removal, mitigation, or encapsulation; the new Agreement takes
into account environmental issues discovered and mitigation expenses associated
with such environmental concerns; and provisions have been included in the
Agreement for the sharing of mitigation costs and a cap has been placed on City
commitments.
It was explained that in order to resolve newly identified issues, it is
necessary to alter the Agreement with the YMCA; the Agreement has been changed
to stipulate that the YMCA will ensure that the underground fuel tank will be removed
according to accepted environmental standards identified by the City, and the YMCA
will share in costs associated with mitigation of the asbestos, which will be done
prior to the City taking title to the property.
It was noted that when the properties are transferred, the City will not obtain
the title to the YMCA property until the YMCA has received a certificate of occupancy
for the new facility; the YMCA will use its existing property, as well as the two
parcels of land provided by the City, as collateral with its lender; no terms were
identified in the original Agreement as to the preferred delivery of the property for
the City, and since that time, language has been incorporated that determines that
property for the City be delivered free of all liens and liabilities.
The City Manager advised that originally, the $200,000.00 annual payments
were to begin on September 1,2001 to the YMCA; due to environmental and property
issues, the first payment will not begin until April 1, 2003; as a result of the delay in
finalizing the original Agreement, it has been requested that certain target dates be
adjusted; and funding for the City's ten year, $2.0 million commitment ($200,000.00
per year) is to be provided annually through interest earnings in the Capital Projects
Fund.
The City Manager recommended that she be authorized to execute the revised
Purchase and Sale Agreement, to be approved as to form by the City Attorney, and
any other documents necessary to implement the terms of the Agreement.
340 --
Mr. Carder offered the following ordinance:
(#36176-121602) AN ORDINANCE authorizing the City Manager to enter into
an agreement between the City of Roanoke and the YMCA of the Roanoke Valley,
Inc., for the development and use of a new facility, and dispensing with the second
reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 33.)
Mr. Carder moved the adoption of Ordinance No. 36176-121602. The motion
was seconded by Mr. Dowe.
The Mayor inquired if there were persons present who would like to address
Council in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion by Council, Ordinance No. 36176-121602 was
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .................................................................................. 7.
NAYS: None ................................................................................... -0.
Council Member Bestpitch stated that his spouse is an employee of the
YMCA of the Roanoke Valley, Inc., and he has been advised by the City Attorney that
inasmuch as no funds are being appropriated, he is not required to abstain from
voting on the matter.
ZONING-Y. M. C. A: Pursuant to Resolution No. 25523 adopted by Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
December 16, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard,
with regard to the request of the YMCA of the Roanoke Valley, Inc., to rezone tracts
of land lying between Campbell Avenue, Fifth Street, Luck Avenue and Sixth Street,
S. W., comprising approximately 2.89 acres, more or less, and identified as Official
Tax Nos. 1113401, 1113408 - 1113412, inclusive, and 1113414 - 1113425, inclusive,
from C-1, Office District, to C-3, Central Business District, the matter was before the
body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 29, 2002, and Friday, December 6, 2002.
341
A report of the City Planning Commission, advising that the YMCA of the
Roanoke Valley, Inc., plans to construct a new YMCA facility; and upon completion,
the new facility will replace the YMCA Central Branch currently located at the
northeast corner of Church Avenue and Fifth Street, S. W.
The City Planning Commission recommended that Council approve the
request for rezoning to C-3, Central Business District, advising that given the
development and success of the Jefferson Center and the YMCA's role in helping to
solidify an anchor for the western edge of downtown, the rezoning request allows
for an appropriate and desirable use of the properties.
Mr. Dowe offered the following ordinance:
(#36177-121602) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 111, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 34.)
Mr. Dowe moved the adoption of Ordinance No. 36177-121602. The motion
was seconded by Mr. Carder.
James F. Douthat, Attorney, appeared before Council in support of the request
of his client.
The Mayor inquired if there were persons present who would like to address
Council in connection with the matter. There being none, he declared the public
hearing closed.
There being no discussion by Council, Ordinance No. 36177-121602 was
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................................... 7.
NAYS: None ........................................................................................ 0.
CITY PROPERTY-WESTERN VIRGINIA FOUNDATION FOR THE ARTS AND
SClENCES-IMAX THEATRE: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, December 16, 2002, at 7:00 p.m., or as soon thereafter as the matter may
342
be heard, with regard to conveyance of a portion of City-owned property, identified
as Official Tax No. 4010217, to the Western Virginia Foundation for the Arts and
Sciences, for design, development and construction on the property of a new
building or complex to house an art museum and IMAX Theatre, subject to terms of
an Agreement dated April 16, 2001, and any subsequent amendments to such
Agreement between the City and the Foundation, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 29, 2002, and Friday, December 6, 2002.
The City Manager submitted a communication advising that an agreement
between the City of Roanoke and the Art Museum of Western Virginia for design,
development and construction of a new building or complex to house the art
museum and IMAX Theatre was entered into on October 4, 2000; part of the
Agreement, as amended, involves the donation of certain property to the Foundation
for its new building; the City desires to convey additional property which is needed
for construction containing 0.052 acre identified as Official Tax No. 4010217 to the
Western Virginia Foundation for the Arts and Sciences; this parcel of land is
currently assessed at $14,800.00; and actual conveyance would not be made until
such time as the Foundation certifies to the City that the Art Museum has a binding
contract with a contractor to commence construction of the project and that the
property is needed for such purpose.
The City Manager recommended, following the public hearing, that she be
authorized to execute an amendment to the Agreement dated October 4, 2000, to
provide for donation of Official Tax No. 4010217 to the Western Virginia Foundation
for the Arts and Sciences, subject to terms applicable to other property to be
donated to the Foundation, such document to be approved as to form by the City
Attorney; and the Foundation will be responsible for all title work, surveying, plat
preparation, and preparation of legal documents.
Mr. Bestpitch offered the following ordinance:
(#36178-121602) AN ORDINANCE authorizing the City Manager to execute
Amendment No. 1 to the Agreement dated April 16, 2001, between the City of
Roanoke and the Western Virginia Foundation for the Arts and Sciences
("Foundation"), such Agreement dated April 16, 2001, providing for the conveyance
of property for the development and construction of a new building or complex to
house an art museum and an IMAX Theatre, and such Amendment No. I providing
for the conveyance of additional property from the City to the Foundation, the
extension of a deadline therein, and the ability of the Foundation, or its successors
343
in interest, to relocate utilities in First Street, S. E., to private property, upon certain
terms and conditions, and dispensing with the second reading of this ordinance by
title.
(For full text of Ordinance, see Ordinance Book No. 67, page 35.)
Mr. Bestpitch moved the adoption of Ordinance No. 36178-121602. The
motion was seconded by Mr. Cutler.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter. There being none, he declared the public hearing
closed.
Council Member Dowe advised that he serves on the Board of Directors of the
Art Museum of Western Virginia and inquired if he should abstain from voting on
the matter; whereupon, the City Attorney stated that serving on the Board of
Directors would not represent a conflict of interest.
There being no discussion by Council, Ordinance No. 36178-121602 was
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................................... 7.
NAYS: None ........................................................................................ 0.
WESTERN VIRGINIA FOUNDATION FORTHE ARTS AND SCIENCES-STREETS
AND ALLEYS-IMAX THEATRE: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, December 16, 2002, at 7:00 p.m., or as soon thereafter as the mattel* may
be heard, with regard to the request of the Western Virginia Foundation for the Arts
and Sciences, a Virginia non-stock corporation, that portions of Norfolk Avenue and
First Street, S. E., adjacent to Official Tax No. 4010205, be permanently vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 29, 2002, and Friday, December 6, 2002.
A report of the City Planning Commission advising that the petitioner requests
closure of two portions of right-of-way: 1st Street, S. E., between Norfolk and Salem
Avenues, and a portion of Norfolk Avenue that adjoins the aforementioned portion
of First Street; and the petitioner plans to combine the subject portions of rights-of.
way with Official Tax Nos. 4010205 and 4010217 to develop an art museum/IMAX
theater complex, upon acquisition of the properties from the City of Roanoke, was
before Council.
344
The City Planning Commission recommended approval of the request, subject
to certain conditions listed below, advising that a land conveyance agreement is
being negotiated between the petitioner and the City, which will allow the petitioner
to combine Official Tax No. 4010217 with the subject portions of fights-of-way and
Official Tax No. 4010205; and it is further recommended that the petitioner not be
charged for the portions of rights-of-way.
Mr. Carder offered the following ordinance:
(#36179-121602) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading of this
ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 37.)
Mr. Carder moved the adoption of Ordinance No. 36179-121602. The motion
was seconded by Mr. Dowe.
Stephen W. Lemon, Attorney, appeared before Council in support of the
request of his client.
The Mayor inquired if there were persons present who would like to address
Council in connection with the closure of right-of-way. There being none, he
declared the public hearing closed.
There being no discussion by Council, Ordinance No. 36179-121602 was
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ................................................................................ 7.
NAYS: None ........................................................................... -0.
FLOOD REDUCTION/CONTROL-STREETS AND ALLEYS: Pursuant to
Resolution No. 25523 adopted bythe Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday, December 16, 2002, at 7:00 p.m., or
as soon thereafter as the matter may be heard, with regard to the request of Martha
G. Hayes and Stanley C. Simmons, Jr., that a certain portion of an alley lying
between Official Tax Nos. 4151204 and 4151205, extending from its southerly
boundary at Arbutus Avenue, S. E., to the boundary of property acquired by the
Roanoke River Flood Reduction Project, be permanently vacated, discontinued and
closed, the matter was before the body.
345
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 29, 2002, and Friday, December 6, 2002.
A report of the City Planning Commission advising that the City has acquired
property from the petitioner as a part of the Flood Reduction Project; in exchange,
the Department of Engineering assisted the petitioners in filing the petition; and the
subject alley is not developed and does not serve any function for City services, or
for access to parking for the adjoining property owners, was before Council.
The City Planning Commission recommended approval of the request, subject
to certain conditions; and further recommended that the petitioners not be charged
for the alley inasmuch as closure will not result in any additional development
potential for adjoining properties.
Mr. Carder offered the following ordinance:
(#36180-121602) AN ORDINANCE permanently vacating, discontinuing and
closing certain public rights-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading of this
ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 40.)
Mr. Carder moved the adoption of Ordinance No. 36180-121602. The motion
was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like to address
Council in connection with the closure of public rights-of-way. There being none,
he declared the public hearing closed.
There being no discussion by Council, Ordinance No. 36180-12'1602 was
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................................... 7.
NAYS: None ........................................................................................ 0.
NEIGHBORHOOD ORGANIZATIONS/PLANS-COMMUNITY PLANNING:
Pursuant to Resolution No. 25523 adopted bythe Council on Monday, April 6, 198~,
the City Clerk having advertised a public hearing for Monday, December '16, 2002, at
7:00 p.m., or as soon thereafter as the matter may be heard, with regard to an
346
amendment to Vision 2001-2020, the City's Comprehensive Plan, to include the
Peters Creek North Neighborhood Plan and the Loudon-MelroselShenandoah West
Neighborhood Plan as elements of Vision 2001-2020, the City's Comprehensive Plan,
the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 29, 2002, and Friday, December 6, 2002.
A report of the City Planning Commission advising that Vision 2001-2020
recommends that detailed neighborhood plans be developed and adopted for each
of Roanoke's neighborhoods; and the plan for Peters Creek North has been
reviewed by the neighborhood, by City staff and by the Long Range Planning
Committee of the City Planning Commission, was before Council.
The City Planning Commission recommended the Peters Creek North
Neighborhood Plan for adoption as a component of Vision 2001-2020.
Mr. Dowe offered the following ordinance:
(#36181-121602) AN ORDINANCE approving the Peters Creek North
Neighborhood Plan, and amending Vision 2001-2020, the City's Comprehensive Plan,
to include the Peters Creek North Neighborhood Plan; and dispensing with the
second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 42.)
Mr. Dowe moved the adoption of Ordinance No. 36181-121602. The motion
was seconded by Mr. Cutler.
The Mayor inquired if there were persons present who would like to address
Council in connection with the Peters Creek North Neighborhood Plan. There being
none, he declared the public hearing closed.
There being no discussion by Council, Resolution No. 36181-121602 was
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .......................................................................................... ?.
NAYS: None ................................................................................ -0. __
347
A report of the City Planning Commission advising that the Loudon-
Melrose/Shenandoah West Neighborhood Plan comprises two neighborhoods in the
northwest quadrant of the City; Loudon-Melrose is one of the City's rehabilitation
districts, and was recently selected by Council as one of six potential revitalization
areas for the allocation of Community Development Block Grant (CDBG) funds; the
area is bounded by Orange and Melrose Avenues to the north, the railroad tracks to
the south, 24th Street to the west, and 14th Street to the east; and Shenandoah West
is bound by Melrose Avenue to the north, the railroad tracks to the south, 31st Street
to the west, and 24t' Street to the east, was before Council.
It was further advised that Loudon-Melrose is a traditional neighborhood that
was primarily developed in the 1920s with single-family homes; Shenandoah West
was developed much later with primarily industrial and multi-family residential
complexes; and both areas are bound by industrial and commercial development.
The City Planning Commission recommended approval of the Loudon-
Melrose/Shenandoah West Neighborhood Plan for adoption as a component of
Vision 2001-2020.
Mr. Harris offered the following ordinance:
(#36182-121602) AN ORDINANCE approving the Loudon Melrose/Shenandoah
West Neighborhood Plan, and amending Vision 2001-2020, the City's Comprehensive
Plan, to include the Loudon Melrose/Shenandoah West Neighborhood Plan; and
dispensing with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 43.)
Mr. Harris moved the adoption of Ordinance No. 36182.121602. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council in connection with the Loudon Melrose/Shenandoah West Neighborhood
Plan. There being none, he declared the public hearing closed.
There being no discussion by Council, Ordinance No. 36182-121602 was
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................................... 7.
NAYS: None ....................................................................................... -0.
348
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
December 16, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard,
with regard to a request of Roanoke Valley Harley Davidson Owners Group, Inc., for
amendment of proffered conditions regarding a parcel of land lying on the east side
of Peters Creek Road, N. W., designated as Official Tax No. 6380101 (1925 Peters
Creek Road, N. W.), containing a total of 9.1218 acres; and to amend, repeal or
replace proffered conditions authorized by Ordinance No. 35030-090500 presently
binding upon Official Tax No. 6380101, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 29, 2002, and Friday, December 6, 2002.
The City Planning Commission submitted a written report advising that in
September, 2000, pursuant to Ordinance No. 35030-090500 certain proffers were
repealed and Official Tax Nos. 6370306, 6380101, 6380102, and 6380104 were
rezoned from RS-3, Single Family Residential, to C-2, General Commercial, subject
to certain proffered conditions; subsequently, the tax parcels were combined into
one tax parcel identified as Official Tax No. 6380101, the subject of the petition to
amend proffered conditions; and eight conditions are presently binding upon the
subject property as a result of the conditional C-2, General Commercial rezoning in
2000; the petitioner requests that Proffer No. 2 (That the property shall be used only
for the purpose of selling motorcycles, motorcycle accessories and related clothing
and the servicing of motorcycles.) be amended, as follows:
2. That the property shall be used only for the purpose of s.e. lling
motorcycles, motorcycle parts and accessories and other related ~tems
and including the servicing of motorcycles, and clubs, lodges and
fraternal organizations incidental to, and accessory to, the use of the
property to sell motorcycles, motorcycle parts and accessories and
other related items, and servicing of motorcycles, subject to the
following restrictions:
a) That no alcoholic beverages shall be permitted on the
premises.
b) That the use of the facility for club, lodge and fraternal
organization activities shall not extend beyond 10:00 p.m.
The City Planning Commission recommended that Council approve the
amendment of proffers on the subject property.
Mr. Carder offered the following ordinance:
349
(#36183-121602) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 638, Sectional 1976 Zone Map,
City of Roanoke, in order to amend certain conditions presently binding upon certain
property previously conditionally rezoned from RS-3, Single Family Residential
District, to C-2, General Commercial District, subject to certain conditions proffered
by the applicant; and dispensing with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 44.)
Mr. Carder moved the adoption of Ordinance No. 36183-121602. The motion
was seconded by Mr. Harris.
Edward A. Natt, Attorney, appeared before Council in support of the request
of his client.
The Mayor inquired if there were persons present who would like to address
Council in connection with the amended conditions to rezoning. There being none,
he declared the public hearing closed.
There being no discussion by Council, Ordinance No. 36183-121602 was
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ 0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
December 16, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard,
with regard to the request of Bland A. Painter, III, Betty J. Painter and FR-1
Investments, L. L. C., to rezone approximately 7.292 acres of land, more or less, on
Franklin Road, S. W., identified as Official Tax Nos. 1272504, 1272505, 1150103, and
a portion of 1150106, from LM, Light Manufacturing District, to C-2, General
Commercial District, subject to certain conditions proffered by the petitioners, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 29, 2002, and Friday, December 6, 2002.
A report of the City Planning Commission advising that the petitioner
proposes to develop a shopping center on the site of the rezoning request (although
such development is not proffered by site plan or in language); the proposed
350
development also incorporates the property at the comer of Franklin Road and
Wonju Street, which property is owned by the petitioner and is zoned C-2, General
Commercial District; the subject site is undeveloped, with the exception of a stone
veneer structure that currently houses a massage and spa establishment (Official
Tax No. 1150103) and a 32,882 square foot warehouse (formerly Holdren's) located
on Official Tax No. 1150106; and two outdoor advertising structures are located on
the site.
It was further advised that an amended petition, with conditions, was filed on
November 19, 2002, and a second amended petition was filed on December 5, 2002,
with certain proffered conditions.
The City Planning Commission recommended that Council approve the
rezoning request, with amended proffers.
Mr. Dowe offered the following ordinance:
(#36184-121602) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 127 and 115, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to certain
conditions proffered by the applicant; and dispensing with the second reading of
this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 46.)
Mr. Dowe moved the adoption of Ordinance No. 36184-121602. The motion
was seconded by Mr. Carder.
Maryellen F. Goodlatte, Attorney, appeared before Council in support of the
request of her client and advised that the petitioner seeks to down zone property at
the intersection of Wonju Street and Franklin Road, S.W., from LM to C-2, with
proffered conditions, in order to develop an up scale retail shopping center, and has
proffered a gourmet specialty grocery store as one of its users. She stated that the
petitioner has been working with the Wild Oats chain, which is a gourmet grocery
store, and if efforts are successful, the City of Roanoke will have the first Wild Oats
location in Virginia. She explained that the City Planning Commission spent
considerable time and consideration in redefining the petition for rezoning during
its public hearing and a number of additional proffers were made by the petitioner
to meet the concerns of the City Planning Commission, most notable the tying of a
Wild Oats, or a competitor of Wild Oats, to the property via proffers and, if a Wild
Oats, or one of its competitors, does not locate on the site, the petitioner must come
back to the City, which proffer, coupled with certain other proffers contained in the
petition, places a large hammer over the head of the developer.
351
The Mayor inquired if there were persons present who would like to address
Council in connection with the request for rezoning; whereupon, Mr. David Tenzer,
3072 Poplar Lane, S. W., spoke in support of the development as a quality of life
issue for those persons who have lived in the area for a long period of time who
have been waiting for a Wild Oats, or gourmet type grocery store, to locate in the
Roanoke area. He stated that a Wild Oats store will provide a positive draw for
young professionals and encouraged Council to approve the request for rezoning.
There being no further speakers, the Mayor declared the public hearing
closed.
Council Member Cutler expressed concern that Ore Branch bisects the
property and there will be a challenge in addressing the flow of a creek that
originates in the Route 220 area, along with storm water from the parking lots at Wal-
Mart, Lowe's, Tanglewood Shopping Mall, etc., coming down Franklin Road onto the
property in question. Although a large culvert is envisioned to handle the flow of
water, he questioned how water quality protection responsibilities will be addressed.
A representative of Hayes, Seay, Mattern and Mattern, Engineers, advised that
there are two components to the water issue on the site: (1) water that passes
through the site, but does not originate on the site, will be addressed by certain
actions that are designed to keep water off of the site; and (2) water that falls on the
site will be subject to requirements that apply to every other site in the area with
regard to containment and treatment, the normal method being through a detention
pond to detain the water, or allow the water to evaporate and release slowly through
an outlet structure, etc. He stated that the petitioner has not reached the point of
preparing a detailed design, but the site will be subject to the same requirements
that are imposed on other developers.
Council Member Bestpitch referred to certain language contained in the
petition for rezoning which states that the property is located at a key commercial
intersection, and the property has the potential to physically enhance the Franklin
Road corridor, while providing significant economic benefits beyond its current use.
He concurred in the statement and advised that the most important way, as identified
through the Comprehensive Plan process, to visually enhance these types of
corridors is by situating the buildings close to the street and not continuing to build
strip commercial centers where all buildings are at the rear of the property and
nothing exists between the street and the businesses except asphalt. He expressed
concern that there is nothing in the rezoning petition to prevent that from happening.
He called attention to those individuals who have commented on the fact that they
do not understand why anyone would be concerned about making the development
accessible to walkers, bicyclists, or to those persons who are not in automobiles,
because they cannot imagine anyone wanting to walk to this intersection. He added
352
that as long as the City does not change the way it plans, designs and develops
these types of properties, the City will never reach the point where anyone can
imagine that these types of projects can be built in a pedestrian friendly manner. He
referred to models all across the country where communities are doing exactly that
which is the vision that was outlined in the City's Comprehensive Plan. He strongly
encouraged those persons involved in the project to begin work early in the process
to site some of the buildings as close to the street as possible.
Council Member Carder advised that the project offers something for
everyone, and he intends to support the rezoning. He advised that the Wild Oats
chain shares Roanoke's vision as stated in its Comprehensive Plan, and Wild Oats
locations are generally constructed fairly close to roads, with considerable
landscaping.
Council Member Dowe applauded the process, and stated that when the plan
first came forth, it was somewhat nebulous in nature and throughout the planning
process, an agreement came to fruition. He commended the City Planning
Commission, staff, and the petitioner on their cooperation in bringing the project to
a worthwhile conclusion. He echoed the sentiments of Mr. Bestpitch and called
attention to future possibilities as aesthetically pleasing buildings and landscaping,
etc., are phased in.
The Mayor advised that the Painter family has a reputation for being grocers,
and he is confident that they will locate a Wild Oats, or its equivalent, on the area in
question.
There being no further discussion, Ordinance No. 36184-121602 was adopted
by the following vote:
AYES: Council Members Bestpltch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ..................... - .............................................. 7.
NAYS: None ......................................................................... -0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
December 16, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard,
with regard to amendment of Sections 36.1-206, Permitted uses, C-2, General
Commercial District, and 36.1-228, Special Exception Uses, C-3, Central Business
District, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to
provide standards for motor vehicle service station canopies in said zoning districts,
the matter was before the body.
353
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 29, 2002, and Friday, December 6, 2002.
A report of the City Planning Commission advising that the proposed
amendment was initiated as a result of a July, 2002, joint meeting of the Architectural
Review Board and City Council, with similar concerns reiterated at a joint meeting
of the City Planning Commission and City Council in August, 2002; and the directive
was that the zoning ordinance should regulate the maximum height and illumination
of canopies being constructed over gas pump islands, was before Council.
It was further advised that the proposed amendment provides regulations for
canopies over gas pump islands in the districts where gas stations and
neighborhood and highway convenience stores are currently permitted, i.e.: C-2,
General Commercial District (permitted uses), and C-3, Central Business District (by
special exception); and more specifically, the proposed amendment incorporates
new regulations for motor vehicle service station canopies in the C-2, General
Commercial District, permitted uses section, and modifies and expands current
regulations of such canopies by special exception in the C-3, Central Business
District.
The City Planning Commission recommended that Council approve the
proposed text amendments, which will enhance streetscapes, reduce visual clutter,
limit the scale of signs, and reduce light pollution, consistent with recommendations
of Vision 2001-2020.
Mr. Carder offered the following ordinance:
(#36185-121602) AN ORDINANCE amending and reordaining §36.1-206,
Permitted uses, of Subdivision C, C-2; General Commercial District, of Article III;
District Regulations; and §36.1-228, Special exception uses, of Subdivision D, C-3;
Central Business District, of Article III, District Regulations, of the Code of the City
of Roanoke (1979), as amended, to provide standards for motor vehicle service
station canopies in those zoning districts; and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 47.)
Mr. Carder moved the adoption of Ordinance No. 36185-121602. The motion
was seconded by Mr. Cutler.
The Mayor inquired if there were persons present who would like to address
Council in connection with the proposed amendment. There being none, he
declared the public hearing closed.
354 -
There being no discussion by Council, Ordinance No. 36185-121602 was
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ................................................................. -7.
NAYS: None ....................................... - ................................. -0.
ZONING-COMMITTEES-OATHS OF OFFICE: The Mayor advised that there are
two vacancies on the Board of Zoning Appeals, whereupon, he opened the floor for
nominations.
Mr. Carder placed in nomination the names of William D. Poe and Joseph
Miller.
There being no further nominations, Mr. Poe was reappointed and Mr. Miller
was appointed as members of the Board of Zoning Appeals, for terms ending
December 31, 2005, by the following vote:
FOR MESSRS. POE AND MILLER: Council Members Bestpitch, Carder, Cutler,
Dowe, Harris, Wyatt and Mayor Smith ................................................. 7.
HEARING OF CITIZENS UPON PUBLIC MATTER: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
CITY EMPLOYEES-COMPLAINTS: Mr. Robert Gravely, 729 Loudon Avenue,
N. W., addressed Council with regard to insufficient wages for City employees, lack
of progress by the City of Roanoke, misappropriation of City funds, and the City's
lack of concern for its disadvantaged citizens.
At 8:05 p.m., the Mayor declared the meeting in recess until Wednesday,
December 18, 2002, at 2:00 p.m., at the Hotel Roanoke and Conference Center,
Appalachian Room, 110 Shenandoah Avenue, N. W., for the City Council's Planning
Retreat.
The City Council meeting reconvened on Wednesday, December 18, 2002, at
2:00 p.m., in the Appalachian Room, The Hotel Roanoke and Conference Center, 110
Shenandoah Avenue, N. W., for a continuation of the Council's Planning Retreat
which was held on Thursday, October 17, 2002.
355
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Smith ......................................................................................... -7.
ABSENT: None ......................................................................... -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
OTHERS PRESENT: Rolanda B. Russell, Assistant City Manager for
Community Development; George C. Snead, Jr., Assistant City Manager for
Community Development; and Lyle Sumek, representing Lyle Sumek Associates,
Inc., facilitator.
Mr. Sumek advised that the retreat was a follow up to a previous Council
retreat which was held on October 17, 2002, to review goals and objectives that were
identified by the Council.
The following summary of the October 17, 2002, meeting was presented:
Mai.or Achievements Include:
Comprehensive Plan - Adoption
City's Response - Water Crisis
Southeast by Design
Stadium/Amphitheater Project
Redirecting CDBG Funding - Neighborhood Impact
Budget - Process and Document
Riverside Development
Air Service Strategy
Civic Center Expansion
Fire-EMS
Greenway and Trail System
356
First Floor - Improvements
Environmental Action
Support for Special Events
Housing Developments - Opportunities for More Housing
and Choices
Mr. Sumek reviewed impacts on the City of Roanoke; i.e.:
Builds Community Pride, Confidence in Roanoke's Future, Growing
Positive Reputation
Focus on the Future - Achieve Goals, Completing Projects
Emphasis -Sustainability- Long-Term Perspective, Best for Roanoke's
Future
Progressive - Creative Solutions to Problems and Issues, to be More
Responsive to Citizens
Public.Private-Teamwork - Partnering on Major Projects, Maximizing
the Community's Resources
More Attractive City - Cleaned Up Neighborhoods and Buildings
Growing Economy and Revenues - New Businesses, Growing
Businesses
More Livable City - In Creating Housing Opportunities, More Amenities
Valued by Citizens, More Excitement for Young Adults
Better Environmental Stewardship - Green and Clean City; Protection
of Natural Resources, Cleaner and More Usable River
Foundation for Events - A Festival City - "A Cool Factor"
Enhances Tourism Opportunities - Dollars to Roanoke, Customers to
Roanoke
Want to Live and Visit Roanoke
357
Mr. Sumek reviewed the following items listed by the Mayor and Members of
Council in looking to Roanoke's future:
Vibrant Town - Exciting for Young Persons
Diversity
National Tourist Attraction
Connectivity with College
Consider Roanoke as a Place to Live
Riverside Centre
Improved Housing - No Substandard Housing
24/7 Downtown
Greenway
Healthy Arts, Culture, Museum
First Rate Schools
Mobility to Outside World
Water Resources
Live for All
No. 1 Livable
Vibrant - Neighborhoods
Downtown
Major Festival
Regional Cooperation
Destination Opportunities
Business Center
358 -
Value
Entertainment Center for Region
Capital of Western Virginia
Mr. Sumek advised that the major challenges listed by the Mayor and
Members of Council are:
Economic Development - Lack
State Budget/Dillon Rule
Comprehensive Plan - Implementation Independent Cities
No Regionalization
Politics vs. Governance
Correcting Misinformation
Overcoming "Roanoke Not Ready for It" - Resistance to Change
Financial Creativity
Patience
Fear
Competent Council
Disadvantaged Neighborhoods
Air Quality Deterioration
Resistance by Developers
Go Back to 1920's
Balance in Community
Citizens - AmbassadOr for Community
Transportation Link
359
Connections with University
Regional Competitiveness
Internal Branding - City of Roanoke
Mr. Sumek reviewed the following opportunities on the horizon from the
perspective of the Mayor and Members of Council:
Comprehensive Plan - Implementation Actions
Space for Upper Income Housing
Downtown Investment
Water Management - Regional Cooperation
Village Centers
Better Use of Parking Lots - Building Safe, Clean Place to Live
City as Region Leader
Riverside Development - Retail Mix; Incorporating River, Effective Use
of Riverfront
Attractions - Major Sporting Events
Attractions - Events, Festivals
Air Service and Passenger Rail Service
Downtown - Trolley System
Regional Economic
Mr. Sumek reviewed the following principles to guide Roanoke's future -
Roanoke 2012 - Its Vision:
Recognized as the Capital of Western Virginia Economic,
Government, Service, Culture
360
Strong Neighborhoods - Quality City Infrastructure, Livable Homes
Recognized for Educational Excellence First Rate Schools,
Preschools to Universities
City Connectivity with Universities and Colleges
Riverfront Developed as an Exciting, Mixed Use Focal Point - To Live,
To Work, To Play
Protection of Roanoke's Natural Beauty and Resources
Reuse and Redevelopment of Land for Better Uses
Businesses and Individuals Investing in Roanoke, in Downtown
Entertainment Destination Point - Major Events, Sports and Festivals
Young Adults Choose to Live in Roanoke - Reputation as an Exciting
Place to Live
Ease in Travel To and From Roanoke - Air, Rail, Highway
QualityWater Supply-Adequate, Affordable Costs Meeting Community
Needs
Strong Community Pride in Roanoke
Financially Sustainable City Government with Cost-Effective Service
Delivery
Mr. Sumek advised that the majority of the remainder of the retreat would
center around a discussion regarding the four major goals identified by the Mayor
and Members of Council:
Healthy Local Economy
Strong Neighborhoods
Vibrant Greater Downtown
Quality Services - Responsive, Cost Effective
361
GOAL NO. 1 - HEALTHY LOCAL ECONOMY:
Objectives include:
Promote Development of Upper End Housing Opportunities
Partner with Other Localities to Attract Businesses to the Roanoke
Valley
Actively Promote and Market "Roanoke" - Our Brand
Support Retention and Expansion of Local Businesses and Increase
Participation by All Businesses
Strengthen the Roanoke Valley Link to Other Metropolitan Areas Via Air
Service, Rail Service and Interstate Highways
Diverse Local Economy - Medical, Government, Tourism, Small
Businesses
Place for Businesses to Start and Grow
Development of a Quality Workforce Linked to Job Opportunities
Raise Per Capita Income at Level to Support Families
Wastewater, Water Capacity to Support Businesses, Including Water
Reuse
Expanded Outdoor Activities in the Natural Area
More Unique, Distinctive Shopping Opportunities Attracting Shoppers
and Producing Sales Tax
Mr. Sumek requested that Council Members, individually, rank the top six of
the above listed objectives; whereupon, the following were submitted:
Promote Development of Upper End Housing Opportunities
Actively Promote and Market "Roanoke" - Our Brand
Support the Retention and Expansion of Local Businesses and
Increase Participation by All Businesses
362
Diverse Local Economy - Medical, Government, Tourism, Small
Businesses
Development of a Quality Workforce Linked to Job Opportunities
More Unique, Distinctive Shopping Opportunities Attracting Shoppers
and Producing Sales Tax
Mr. Sumek reviewed the following challenges and opportunities for a Healthy
Local Economy:
Strong Link to Virginia Tech
Non-College Degreed Jobs
Vocational Training - School System
Keep College Graduates in Roanoke
Tourism Promotion
Employees Prepared for Business Opportunities
Attracting Distinctive High-End Shopping Opportunities
Mr. Sumek reviewed the following actions listed by Council for 2002-2003 to
promote the goal of a Healthy Local Economy:
Economic Development - Game Plan (Link to Regional Alliance)
Air Service - Expansion
Civic Center - Expansion
Stadium-Amphitheater Project
Marketing and Branding Program - Region (Internal/External)
High Schools - Direction
Rail Service
1-73 Direction
363
1-81/I-S81
Riverside Development
Partnering With Developers for Quality Projects:
Develop action plan to change mind set
Strengthen relationships with local developers/realtors including their
understanding of the City's design standards
Better understanding of what the design standards are and how they
can be utilized by the community
Evaluate incentives for developers - attract new developers and local
developers adherence
Ensure adherence to development standards and design standards
approved by Council
Upscale Retail Attraction Project
Mr. Sumek requested that Council Members rank their top four choices from
the above listed actions to be accomplished during the next year; whereupon, the
following received the highest ranking:
Economic Development - Game Plan (Link to Regional Alliance)
Air Service - Expansion
Stadium/Amphitheater Project
Marketing/Branding Program - Region - Internal/External
GOAL NO. 2 - STRONG NEIGHBORHOODS:
Objectives include:
Improving Property Maintenance through Prevention and
Enforcement. Including Removal of Blighted/VVorn-out Structures
Involving Citizens as Responsible Partners in Enhancing Quality of
Neighborhoods and Addressing Neighborhood Problems
Supporting Homeownership and Well-Maintained, Safe Homes - Range
of Homes Available at Affordable Prices
Developing and Using Realistic, Usable Neighborhood Plans that Link
to Comprehensive Plan and Guides the Future of the Neighborhood
Protecting the Integrity of the Neighborhood Through
364
Design/Development Standards, Standards for Infill
Preserving Roanoke's Community Heritage - Its
Neighborhoods, and Housing Options
Architecture,
Significant Improvement in Specific Targeted Neighborhoods
Linking Neighborhoods to Amenities
Pedestrian-Friendly Street Designs and Neighborhoods
Diverse Incomes Living in Neighborhoods
Maintaining/Improving City Infrastructure - Streets, Streetscapes
Mr. Sumek requested that Council Members individually rank the top six most
important objectives over the next five years; whereupon, the following received the
highest ranking:
Improving Property Maintenance through Prevention and
Enforcement - Including Removal of Blighted/Worn-out Structures
Involving Citizens as Responsible Partners in Enhancing Quality of
Neighborhoods and Addressing Neighborhood Problems
Developing and Using Realistic, Usable Neighborhood Plans that Link
to Comprehensive Plan and Guides the Future of the Neighborhood
Protecting the Integrity of the Neighborhood through
Design/Development Standards, Standards for Infill
Significant Improvement in Specific Targeted Neighborhoods
Maintaining/Improving City Infrastructure - Streets, Streetscapes
Mr. Sumek advised that challenges and opportunities include:
365
Responsibility of City - Abandoned Homes
Implementation of Comprehensive Plan
Infill and Neighborhood Integrity
Diversity of Income Levels
Variety of Housing Choices
Downtown Living Opportunities
Focusing Dollars for Maximum Impact
Pedestrian Friendly . Applications to Specific Neighborhoods and
Projects
Maintaining City Infrastructure
Mr. Sumek advised that actions in regard to Strong Neighborhoods include
the following:
Zoning Ordinance
Neighborhood Design Ordinance - Decision Implementation
Williamson Road - Direction
Jamison Corridor Direction
Streets (Neighborhood). Direction and Funding
Abandoned Homes - Policy, Direction
Upper Income Housing - New or Upgrade
Incentives for Housing
Neighborhood Amenity Strategy
Strengthening Neighborhood Associations and Making Them More
Effective
366
Mr. Sumek requested that Council Members individually rank the top five
choices of the above listed actions; whereupon, the following received the highest
ranking:
Zoning Ordinance
Upper Income Housing/New or Upgrade
Incentives for Housing
Neighborhood Amenity Strategy
Strengthening Neighborhood Associations and Making Them More
Effective
GOAL NO. 3 - VIBRANT GREATER DOWNTOWN:
Objectives include:
increasing Residential Opportunities in the Downtown Area, Including
Attracting Support Business - Supermarket, Drugstore, Other Retail
Expanding Downtown Revitalization into Areas Surrounding
Neighborhoods
Supporting Major Projects - Education Center, Riverside Centre - Job
Opportunities, Building/Infrastructure Development
Enhancing Downtown Aesthetics and Cleanliness - Greenspaces,
Trees, Streets and Strsetacapes
Protecting Quality of Downtown Development Through Zoning,
Development Standards, Quality Infrastructure
More Adequate, Accessible Parking to Support Downtown
Revitalization
Developing Reputation as a Center for Culture and Arts, Entertainment
Expanding Entertainment Opportunities
Developing Connecting Districts - Market, Financial, Rail
367
Alive 24/7
Maintaining Integrity for Downtown
Determining Best Land Use in Downtown
Becoming Destination Point - People Coming to and Attracted to
Downtown
Mr. Sumek requested that Council Members individually rank the top six of the
above listed objectives; whereupon, the following received the highest ranking:
Increasing Residential Opportunities in Downtown Area, Including
Attracting Support Businesses - Supermarket, Drugstore, Other Retail
Supporting Major Projects - Education Center, Riverside Center - Job
Opportunities, Building Infrastructure Development
Protecting Quality of Downtown Development Through Zoning,
Development Standards, Quality Infrastructure
Developing Reputation as Center for Culture and Arts, Entertainment
Expanding Entertainment Opportunities
Becoming Destination Point - People Coming to and Attracted to
Downtown
Mr. Sumek reviewed the following challenges and opportunities for a
vibrant and greater downtown:
Residents Image - Boundary of Downtown
Connecting District
Transit Services Within Downtown
Living in Downtown
Parking
Linking River, Central Business District and Adjacent Neighborhoods
Best Land Use - Decision
368
Mr. Sumek reviewed the following actions for a Vibrant Greater Downtown:
Civic Center Project
Stadium Project
Artspace Direction
E-Town
Trolley System
Stormwater Management
Wastewater Treatment
Roanoke River Strategy
Greenway - Linear Park Development
Downtown Residential Strategy (Second Level and Up)
A Master Plan for Downtown Including Amenities and Residential
Opportunities
Mr. Sumek requested that Council Members individually rank the top four of
the above listed actions; whereupon, the following received the highest ranking:
E-Town
Downtown Residential Strategy (Second Level and Up)
Master Plan for Downtown Including Amenities for Residential
Opportunities
The Mayor left the meeting at 5:00 p.m.
GOAL NO. 4 - C~UALITY SERVICES: RESPONSIVE, COST EFFECTIVE:
Mr. Sumek reviewed the following objectives:
Investing and Using Technology in Service Delivery and Management
369
Evaluating City Performance Through City Surveys and Benchmarks
Developing and Retaining Productive, Motivated Workforce with Well-
Trained, Competent and Diverse Employees
Process of Continuous Improvement Empowering Employees to Offer
Ideas and to Try a New Approach
Quality City Facilities and Buildings
Streamlining Service Delivery
Focusing on Core Competency of City
City Providing Valued Services, Responsive Delivery
Use of Green Technology and Resources by City Government
Customer Service Valued and Demonstrated by City Employees
Greater Accountability for Services, Results
Mr. Sumek requested that Council Members individually rank the top five of
the above listed objectives; whereupon, the following received the highest ranking:
Investing and Using Technology in Service Delivery and Management
Developing and Retaining Productive, Motivated Workforce with Well-
Trained, Competent and Diverse Employees
Process of Continuous Improvement Empowering Employees to Offer
Ideas and to Try a New Approach
Quality City Facilities and Buildings
Customer Service Valued and Demonstrated by City Employees
Mr. Sumek reviewed the following challenges and opportunities:
Public Education - Service, Trade Off
Contracting Services
New Markets and "Business" Opportunities
370
Use of Technology
Continuously Improving Service Delivery
Defining "Core Competency" of City of Roanoke
Customer Service
Funding City Service, Service Levels
State Actions
Mr. Sumek reviewed the following actions for 2002-03 as expressed by the
Members of Council:
State Lobbying - Revenues, Finances
Budget Strategy - Next Year
Streamlining City Government - Evaluation
Services - Evaluation and Business Plan
Citizen Involvement Strategy
Recycling- Evaluation
State Lobbying - Revenues, Finances
Mr. Sumek requested that Council Members individually rank the top four
actions; whereupon, the following received the highest ranking:
State Lobbying - Revenues, Finances
Services - Evaluation and Business Plan
Water Structure, Infrastructure and Finance Strategy
Employee Attitude Evaluation/Actions
At 5:15 p.m., the meeting was declared in recess for dinner.
The meeting reconvened at 6:55 p.m., in the Appalachian Room of the Hotel
Roanoke and Conference Center.
371
The following items were identified as the Policy Agenda for 2003:
Branding and Marketing Program
Riverside Development Action
Quality Development Strategy - Residential/Retail
Upscale Retail/Attraction Strategy
Incentives for Housing
Neighborhood Amenities - Strategy
Art Space Direction
E-Town
State Lobby - Revenue - Finances
Water Policy Directions
At 8:00 p.m., Council Member Dowe left the meeting.
From the above listed policy items, Mr. Sumek requested that Co:.lncil
Members individually rate the top five; whereupon, the following received the
highest ranking:
Water Policy Directions
Incentives for Housing
Quality Development Strategy - Residential/Retail
Branding and Marketing Program
State Lobby - Revenue - Finances
Mr. Sumek advised that the Management Agenda for 2003 includes the
following:
Zoning Ordinance
372
Upper Income Housing Strategy
Strengthening Neighborhood Associations and Action Plan
Downtown Residential (Upper Floors/Strategy/Action)
Master Plan Having Downtown Amenities/Residential Opportunities
Service Evaluation, Business Plan
Employee Attitude
Mr. Sumek requested that Council Members individually rank the top four of
the above listed management items; whereupon, the following received the highest
ranking:
Zoning Ordinance
Upper Income Housing Strategy
Strengthening Neighborhood Associations and Action Plan
Master Plan Having Downtown Amenities/Residential Opportunities
There was discussion with regard to streamlining the agenda, more Council
briefings, strategic planning, etc.; whereupon, it was the consensus of Council that
Council meetings will convene on the first Monday of each month at 9:00 a.m., for
briefings, closed sessions, strategic planning, etc., and the regular meetif,g of
Council will convene at 2:00 p.m., with the understanding that Council meetings will
conclude at approximately 5:00 p.m.
Other suggestions discussed were holding a planning retreat every two to
three months at a location away from the Municipal Building complex, holding a third
Council meeting each month to address public hearings only; orientation for new
Council Members; and pay increases for Council Members; whereupon, it was the
consensus of Council that Council raises will be routinely included as a part of the
fiscal year budget process.
Mr. Sumek advised that a written summary of the meeting will be provided to
the City Manager.
373
At 8:30 p.m., the meeting was declared in recess until Monday, January 6,
2003, at 9:00 a.m., in the City Council Chamber.
The Council of the City of Roanoke met in regular session on Monday,
January 6, 2003, at 9:00 a.m., in the City Council Chamber, fourth floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with
Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II,
City Council, Section 2-15, Rules of Procedure, Rule 1, ~uiar Meetinas, Code of
the City of Roanoke (1979), as amended; and pursuant to action taken by the Council
at its Planning Retreat on December 18, 2002, to continue the meeting until 9:00 a.m.,
on Monday, January 6, 2003.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Linda F. Wyatt and Mayor Ralph K. Smith ................................... 5.
ABSENT: Vice-Mayor C. Nelson Harris and Council Member Alfred T.
Dowe, J r.-- ...................................................................................................... -2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
COMMITTEES-CITY COUNCIL: A communication from Vice-Mayor C. Nelson
Harris, Chair, City Council Personnel Committee, requesting a Closed Meeting to
discuss the performance of four Council-Appointed Officers, pursuant to Section -
2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request Vice-Mayor Harris to
convene in a Closed Meeting to discuss the performance of four CounciI-Appolqted
Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, and Mayor Smith ........... 5.
NAYS: None .............................................
(Vice-Mayor Harris and Council Member Dowe were not present when the vote was
recorded.)
At 9:05 a.m., the Mayor declared the meeting in recess to be immediately
reconvened in the Emergency Operations Center Conference Room, Room 159, for
a Council/Staff Work Session.
374
At 9:10 a.m., the Council meeting reconvened in a work session in Room 159,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
Virginia, with all Members of the Council in attendance, Mayor Smith presiding.
(Vice-Mayor Harris arrived at 9:15 a.m. and Council Member Dowe arrived at
9:20 a.m.)
STAFF PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City Clerk; Troy A.
Harmon, Municipal Auditor; George C. Snead, Jr., Assistant City Manager for
Operations; and Rolanda B. Russell, Assistant City Manager for Community
Development.
PROPOSED STRUCTURE FOR FUTURE WORK SESSIONS:
COUNCIL: The City Manager advised that Council stated at its planning retreat
on Wednesday, December 18, 2002, that it would like to engage in more meaningful
discussions on issues affecting the City of Roanoke; however, the agenda is
programmed to the extent that it is difficult to engage in meaningful dialogue; and
accordingly, Council expressed a desire to hold work sessions on the first Monday
of each month commencing at 9:00 a.m. She asked that Council provide clarification
to staff with regard to the types of items that the Council would like to discuss at
future work sessions, whether Council wishes to continue the 5:00 p.m., dinner
meetings on the third Monday of each month, and to identifywhich Committees the
Council would like to meet with during the year.
Suggestions/comments offered by the Mayor and Members of Council as
potential topics for discussion during 9:00 a.m.- 2:00 p.m. work sessions:
· The scheduling of interviews with applicants to
various Council-appointed committees and
performance evaluations of Council-Appointed
officers.
· Discussion of various City issues.
A field trip to view a City facility or program, with
the understanding that the activity will be a
meaningful use of time.
· Discussion of philosophical issues.
375
Each Member of Council brings a specific talent to
the table and by sharing individual points of view,
Council will be able to make more intelligent
decisions.
Questions with regard to items which are included
on the 2:00 p.m., Council docket. Concern was
expressed that the Council should not become so
efficient in its meetings that it is perceived as a
"rubber stamp" bythe public. There is a perception
by some citizens that Council Members should ask
questions.
There are instances when an individual Member of
Council will request a staff briefing on a specific
topic which, in some instances, becomes a part of
the formal Council agenda; other Members of
Council may not have an interest in the topic;
therefore, briefings requested by a Member of
Council should be approved by at least four
Members of the Council prior to placing the item on
the Council's formal agenda. Any topic deemed
appropriate by the City Manager for a Council
briefing should be automatically included on the
formal agenda.
Time frames should be assigned to each item on
the work session agenda.
Information related to presentations on the 2:00
p.m. Council docket should be included in the
Council's agenda material which is received prior to
the Council meeting, in lieu of distribution at the
formal Council session.
An item should be included atthe beginning of each
work session agenda; i.e.: Items Requiring
Additional Discussion/Clarification/Additions and
Deletions to the 2:00 p.m. Council docket.
376 -
COMMITTEE LIAISON REPORTS BY COUNCIL MEMBERS:
Hotel Roanoke and Conference Center Commission:
Mayor Smith advised that the Hotel Roanoke and Conference Center is a
success story which is paying its own way. He stated that in addition to the Mayor,
the City's representatives include the City Manager and former Council Member
William White, Sr.
There was discussion in regard to appointing two active members of City
Council to the Hotel Roanoke Conference Center Commission, along with a City
administrator. A suggestion was offered that City representatives to the
Commission consist of one active Member of City Council, a City administrator and
a member at large from the City of Roanoke. Following discussion, the matter was
referred to the City Attorney for report to Council.
There was also discussion with regard to the role of the Center for
Organization Technological Advancement (COTA) Program at the Hotel Roanoke
Conference Center administered through Virginia Tech; and a question was raised
with regard to the status of the culinary arts program that was to be offered by
Virginia Tech at the Conference Center; whereupon, the Mayor advised that he would
determine the status of the program and advise Council accordingly.
City of Roanoke Redevelopment and Housin.q Authority:
Vice-Mayor Harris advised that the Board of Commissioners of the Roanoke
Redevelopment and Housing Authority and its Executive Director would like to
assume a new role in government and in the development of the community~ He
explained that the Housing Authority currently partners with the City of Roanoke in
economic development projects through acquisition of property to be developed and
manages and operates public housing in the community, and the Housing Authority
wishes to continue its role in these two areas. However, he called attention to new
energy on the Housing Authority, i.e.: (l) the professional background and history
of the Executive Director; (2) a high energy Board of Commissioners that wishes to
be more engaged than previous Boards, with a demonstrated willingness to do new
and different things; and (3) kick-off of the Bullitt-Jamison Pilot project which started
the initiative to look at some of the City's core neighborhoods and the infusion of
City monies and Community Development Block Grant funds into neighborhood
development. Vice-Mayor Harris advised that the Housing Authority wishes to be
highly engaged in the process as the City moves forward into the neighborhoods,
particularly relative to housing; therefore, the Housing Authority wishes to assume
a different role; and certain key staff positions have not been filled in anticipation
that the Council might want the Housing Authority to assume a new .role;
whereupon, Vice-Mayor Harris requested input by the Mayor and Council Members.
377
The City Manager was called upon for remarks; whereupon, she referred to
the expertise of John Baker, the Housing Authority's Executive Director, and his
previous experience with neighborhood redevelopment. She stated that the matter
came to the forefront with the creation of the City's Department of Neighborhood
Services which made it obvious that the City was venturing into neighborhood
redevelopment. She stated that Mr. Baker sees the potential for the Ho-sing
Authority to be the lead entity in all of the City's economic development pertaining
to housing, which is an option that has been exercised by some localities; however,
her personal feeling is that the Housing Authority, like the City of Roanoke, needs
to overcome some of the stigma of the past. She explained that some of the choices
in the Southeast by Design project were deliberate in an attempt to try and address
some of those experiences from the past and to involve the Blue Ridge Housing
Development Corporation in the process. She advised that housing should be
disbursed throughout the City, there is a need to promote Iow income housing in
other jurisdictions in the Roanoke Valley, and there is also a need to work together
more cooperatively. She encouraged Council to engage in the appropriate dialogue,
but requested that more time be spent on the matter before Council reaches a final
decision.
Comments by the Mayor and Council Members:
The Housing Authority could offer expertise with
the housing component, but not the overall
coordination of housing redevelopment.
The Housing Authority is involved in numerous
projects, one of which is the Bio Med Center on
South Jefferson Street. The RRHA is currently short
of staff and it is hoped that the Housing Authority
will not over extend itself.
There is a need for the Council and the Housing
Authority to engage in frank discussions about the
future role of Council and the RRHA. It would be
advantageous for the Housing Authority to be
involved in upper scale housing development
issues which will help to improve its image. The
Council should be clear about its expectations, as
well as the individual roles of the Council and the
Housing Authority.
Council should hear from all housing agencies,
including the RRHA, Blue Ridge Housing
Development Corporation, Christmas in April, etc.
378
It was the consensus of Council to use the next six months to hold monthly
breakfast meetings which are attended by the Vice-Mayor in his role as liaison
between Council and the Housing Authority, one member of City Council, two
Housing Authority Commissioners, the City Manager and the Executive Director to
discuss the matter in detail for further discussion by Council and the Housing
Authority at a joint meeting to be held later in the year.
City of Roanoke Transportation Safety Commission:
Council Member Bestpitch advised that membership is complete and Council
will receive a recommendation from the Transportation Safety Commission in the
near future with regard to transportation safety improvements.
Roanoke Neiqhborhood Partnership Steerin~l Committee/Ad Hoc Study
Committee:
Council Member Bestpitch advised that a proposal will be submitted to
Council in the near future that will significantly reduce the number of members on
the Roanoke Neighborhood Partnership Steering Committee from 30 to 11, and, in
addition, a name change will be proposed.
Roanoke Valley-Alleqhenv Re~lional Commission:
Council Member Bestpitch advised that the long range water supply study is
on track and moving forward, and the study will include potential additional water
sources that may be available throughout the region.
Virqinia's First Reqional Industrial Facility Authority:
Council Member Bestpitch advised that the joint venture involves a revenue
sharing project with other local governments of the Commerce Park which is located
near the airport on the outskirts of the Town of Dublin. He stated that there is a
good opportunity in that the airport, although small, is large enough to
accommodate freight shipments that can be held in the warehouse as a cost saving
measure until materials are ready to be used for production. He added that site
production is moving forward, issues with surrounding property have been resolved,
and it is hoped that announcements will be made in the near future with regard to
groundbreaking, ribbon cutting, etc.
Finance Best Practices Task Force:
Council Member Bestpitch advised that the Task Force has continued to meet
and, at some point in the future, it will be necessary to hold a discussion with regard
to how responsibilities are divided up and assigned to the various City departments,
and whether or not restructuring is in order.
379
War Memorial Committee:
Council Member Bestpitch advised that no meetings have been held during
the past year.
Total Action Aqainst Poverty Board of Directors:
Council Member Bestpitch advised that attention is beginning to focus on the
former Dumas Hotel renovations and a new facility that will be housed at that
location. He called attention to serious challenges facing the Virginia CARES
program, as well as certain other non-profit State agencies.
At 10:55 a.m., the Mayor declared the meeting in recess.
At 11:20 a.m., the work session reconvened in the Emergency Operations
Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, Virginia, with all Members of the Coum:il in
attendance.
The work session continued with reports by Council Members in their liaison
capacities to various committees.
Special Events Committee:
Council Member Carder advised that negotiations have gone well with an
agency known as Valley Events which will serve as the gatekeeper in developing
new and distinctive events for the Roanoke region and, it is envisioned in the future
that the organization will become the coordinator of regional events. He stated that
Valley Events will be responsible for working out logistics, event details, providing
technical expertise, crowd control, tickets for events, etc.
The City Manager stated that the intent is to create an event umbrella
organization that will master calendar the year, engage in advance planning, and
serve as a mentor to various organizations. She added that ultimately, the goal of
the organization is to be a single fundraiser for festivals throughout the City, to
contact businesses to solicit contributions that will go into a pool of money for
special events, and Valley Events will be held accountable for the quality of events
to be produced.
it was suggested by a Member of Council that Roanoke City Council Members
participate in the St. Patrick's Day Parade in March.
38O
VirRinia First Cities Coalition:
Council Member Carder advised that he, along with the City Manager,
represent the City of Roanoke on the First Cities Coalition and the City Manager also
serves on the Executive Committee. He stated that the City's money has been well
spent and as a result of lobbying efforts, the State maintenance formula was
changed, resulting in $3 million to First Cities, or $175,000.00 to the City of Roanoke.
He added that First Cities was crucial in getting at risk funding education removed
from the Governor's budget and the Coalition was vocal about ensuring that public
education was not touched. He noted that the Coalition continues to strongly
encourage the Deputy Chief of Staff to develop an urban policy and the Chief of
Staff has indicated that a meeting will take place with the Governor. With regard to
tax restructuring, he advised that the question has been raised as to when the real
root cause of the problem will be addressed; and member localities are getting more
money for their dollars through the Virginia First Cities Coalition which is more
focused, versus the Virginia Municipal League which has become too broad based
in its focus.
There was discussion in regard to the position of member localities to the
Virginia First Cities Coalition, in connection with passing on State funding cuts to
the affected agencies; whereupon, the City Manager advised that all member
jurisdictions to First Cities have been requested to respond by the end of the day
with specific examples of what State budget reductions will mean for their budgets
and whether they will continue to pass on the cuts to the affected agencies. She
stated that one of the strategies discussed by First Cities is to support a position
that encourages the General Assembly to not change the Governor's
recommendation as it relates to public education inasmuch as to this point, no
serious damage has been done; and the Coalition is seriously considering taking a
position to request a five year plan for the General Assembly to meet those
obligations as defined by the JLARC study. She stated that information with regard
to actions taken by other localities will be provided to the Council.
War Memorial Committee:
Council Member Carder advised that no meetings have been held this year.
Roanoke Valley-Alleqheny Reqional Commission:
Council Member Carder advised that he also serves on the Strategy Planning
Committee of the Roanoke Valley-Allegheny Regional Commission. He discussed
the issue of regional cooperation and how independent cities may be a root cause
as to why localities cannot achieve substantial regional changes; the committee has
381
engaged in discussions to identify regional issues such as health, housing, land use
planning, water/sewer, airport, etc., and all issues will be placed on the table for
discussion. He added that counties must realize that they are going through the
same kind of suburbanization that cities are under going; and the Roanoke Valley-
Allegheny Regional Commission has decided to take on the role of a facilitative unit.
Roanoke Valley Convention and Visitors Bureau, Board of Directors:
Council Member Carder advised that the RVCVB has a budget of over $1
million; and requests were made to other localities for contributions; however, to
date, no contributions have been received toward a regional marketing effort. He
noted that hotels in Roanoke County and the City of Salem have been encouraged
to bring pressure on their respective localities to participate in the regional
marketing effort.
Mill Mountain Advisory Committee:
Council Member Cutler advised that he has attended monthly meetings at the
Discovery Center; he accepted the gift of a flag pole from Woodmen of the World,
and a bronze plaque describing the special status of the Mill Mountain Star for Mayor
Smith; he devoted particular attention to investigating the possibility of the City
donating a conservation easement on the steep portions of the park to the Virginia
Outdoors Foundation and/or the Western Virginia Land Trust to prevent future
inappropriate development; and the Committee is developing a plan that would
result in its going out of business following completion of certain items of business
(folding its duties into the City-wide Parks and Recreation Advisory Committee).
Mill Mountain Zoo, Inc..'
Council Member Cutler advised that routine reports on new species
acquisitions and budget issues, etc., and a new water line and car-parking capacity
are major issues.
Roanoke Arts Commission:
Council Member Cutler advised that new guidelines for administration for the
Percent for the Arts Program were requested by the Arts Commission and approved
by Council; the separate Committee to administer the program was disbanded; and
new guidelines for local non profit applicants for City grants are being drafted that
will reduce the complexity of paperwork requirements and allow applicants to apply
for base operating support, as well as funds for short-term special projects.
382
The City Manager pointed out that the funds can be used by local non-profit
organizations for general operating purposes, and it is the sense of City staff that
Council is supportive of the proposed new guidelines.
Comments by the Mayor and Council Members:
When criteria moves from specific programs to the
organization, it becomes difficult to develop criteria
bywhich to judge one organization against another,
and it is easier to judge programs versus programs.
Organizations should be given some flexibility to
raise additional money.
An alternative would be to designate a certain
percentage of the funds for operations.
There .s. hould, be some incentive for joint
cooperation projects, such as the Dumas Hotel and
the Harrison Museum of African-American Culture.
The Downtown Interstate Exit, Exit 5, which is the
location where the fountain currently exists, would
be an excellent location for a piece of art. It was
noted that the location was the proposed site for
the Unity Fountain, Downtown Roanoke, Inc., has
been approached about assuming sponsorship of
the Unity Fountain and the matter should also be
discussed by the Arts Commission.
The City Manager advised that the funding issue for cultura~ agencies could
be addressed through a compromise, and funds could be used for existing
programs, or designation of a specific program for matching funds. She stated that
another alternative would be to use HUD guidelines for administrative costs and,
with the concurrence of Council, she would incorporate the HUD guidelines into the
proposed policy.
Roanoke ValleylAIleahenv ReRional Commission:
Council Member Cutler advised that the Regional Commission took advantage
of the opportunity to obtain a special status from the USEPA giving the region more
time to reduce its ozone air pollution and qualify as complying with air quality
standards. He further advised that the Regional Commission is attempting to
address the need for a "brand" or Slogan for the region to increase its profile and
ability to attract tourists and businesses.
383
Roanoke Valley Lonq Range Water Sul3131v Study Committee:
Council Member Cutler advised that the firm of Black 8, Veatch has been
contracted to conduct a quick analysis of known information regarding the relative
productivity of various new, major water supply sources for the region.
Urban Forestry Task Force:
Council Member Cutler advised that the Task Force is drafting a new u:ban
forestry ordinance and an associated program that will improve the City's impact on
its urban forest and lead to a major increase in the per cent of the City's area under
a forested canopy.
The City Manager advised that the proposed ordinance will be presented to
Council in February 2003.
Roanoke Valley Reqional Cable Television Committee:
Council Member Dowe advised that Cox Communications has received copy
of the franchise agreement for review by its legal team.
Mayor's Committee for People with Disabilities:
Council Member Wyatt advised that her schedule has prevented her from
attending meetings of the committee.
Roanoke Civic Center Commission:
Council Member Wyatt commended Civic Center staff on their outstanding
work in connection with the change-over on Saturday, January 4, from the Roanoke
Dazzle basketball game in the afternoon, to the Roanoke Express hockey game on
that same evening. She advised that high school graduations will be held in the
Civic Center Auditorium in June on a trial basis, with a limited number of tickets, and
with the assurance that no problems will be encountered.
The Acting Director of Civic Facilities advised that in late December 2002, the
City of Roanoke received notice of an Alcoholic Beverage Control Board hearing
date for February 20, 2003, in connection with the City's application to serve
alcoholic beverages at Roanoke Civic Center events. He called attention to 58
citizens who have signed up in opposition to the City's application, most of whom
reside outside of the City limits, and some churches in the City are also in
opposition for religious and philosophical reasons. He explained that staff is
384
developing a list of citizens who will provide positive testimony in support of the
City's request, and the license is needed in order for the City to remain competitive
with other facilities in the area.
Vir~linia CARES Board of Directors:
Council Member Wyatt advised that a report regarding funding is scheduled
to be considered by Council at its 2:00 p. m. session.
Vir.qinia Museum of Transportation Board of Directors:
Council Member Wyatt advised that funding has been severely cut, various
fund raising activities are scheduled throughout the year, and the Transportation
Museum is doing a yeoman's job to raise money.
The work session was declared in recess at 12:30 p.m., at which time the
Council convened in Closed Session to engage in mid year performance evaluations
with the Director of Finance, City Clerk, City Attorney and City Manager.
The Council meeting reconvened at 2:00 p.m., on January 6, 2003, in the City
Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Smith .............................................................................................. 7.
ABSENT: None ................................................................................ 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Floyd W. Davis,
Pastor, High Street Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
385
PRESENTATIONS AND ACKNOWLEDGMENTS:
WATER RESOURCES: The Mayor announced that at an 11:00 a.m. news
conference, mandatory water restrictions were lifted in the City of Roanoke.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called specific attention to a request for one Closed Session to
discuss vacancies on certain Council-Appointed committees.
MINUTES: Minutes of the regular meeting of Council held on Monday,
November 18, 2002, was before the body.
Mr. Cutler moved that the reading of the minutes be dispensed with and that
the minutes be approved as recorded. The motion was seconded by Mr. Dowe and
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayor Smith ............................................................................................... 7.
NAYS:NONE ........................................................................................ 0.
COMMITTEES-CITY COUNCIL: A communication from the Honorable Ralph K.
Smith, Mayor, requesting a Closed Meeting to discuss vacancies on certain
authorities, boards, commissions and committees appointed by Council, pursuant
to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body.
Mr. Cutler moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Dowe
and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
MayorSmith .......................................................................................... 7.
NAYS:NONE ........................................................................................ 0.
386
BUDGET: A communication from the City Manager transmitting the proposed
2003-04 Budget Study calendar, was before the body.
Date
Budqet Preparation Activities
April 14-18, 2003
April 18, 2003
April 18, 2003
April 28, 2003
May 7-9, 2003
May 12, 2003
City Manager briefs City on Recommended budget.
Recommended budget document delivered to City
Council Members.
Advertisements of public hearings on
recommended budget and tax rates appear in
newspapers.
Public hearings on recommended budget and tax
rates.
**Requires special meeting of City Council
City Council budget study work sessions.
City Council adopts General Fund, School Fund,
Proprietary Fund budgets and an Update to the HUD
Consolidated Plan and approves an annual
appropriation ordinance.
**Requires special meeting of City Council
Mr. Cutler moved that Council concur in the proposed 2003-04 Budget
Calendar. The motion was seconded by Mr. Dowe and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
n/I - _ ............................... 7
ayor =mith ..................................
NAYS: NONE .............................................
CITY PROPERTY: A communication from the City Manager recommending that
Council authorize a public hearing to be held on Tuesday, January 21, 2003, at
7:00 p.m., or as soon thereafter as the matter may be heard, with regard to proposed
conveyance of property rights in connection with surplus City-owned property,
described as Official Tax Nos. 2011718, 2021789 and 2021788, was before the body.
Mr. Cutler moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Dowe and adopted by the following vote:
387
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
MayorSmith ............................
NAYS: NONE ..........................................
JEFFERSON CENTER-LEASES.SCHOOLS: A communication from the City
Manager recommending that Council authorize a public hearing to be held on
Tuesday, January 21, 2003, at 7:00 p.m. or as soon thereafter as the matter may be
heard, with regard to lease of the Jefferson High School Gymnasium, was before the
body.
It was advised that the Young Men's Christian Association of Roanoke,
Virginia (YMCA), currently leases the Jefferson High School Gymnasium; the lease
agreement expires on January 18, 2003; the YMCA has expressed an interest in
continuing the lease agreement; the feasibility of a new lease agreement, or possibly
a transfer of title, is currently being negotiated; and to facilitate time for negotietion,
the YMCA has requested an extension agreement of the current lease for six months.
Mr. Cutler moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Dowe and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
MayorSmith ..........................
NAYS: NONE ....................... ~ .....................
LEASES-COMMONWEALTH OF VIRGINIA BUILDING: A communication from
the City Manager recommending that Council authorize a public hearing to be held
on Tuesday, January 21, 2003, at 7:00 p.m., or as soon thereafter as the matter may
be heard, with regard to lease of the Commonwealth Building, was before the body.
It was advised that the United States General Services Administration (GSA)
currently leases space within the Commonwealth Building, which is owned by the
City; GSA uses the second floor of the building for the Federal Bankruptcy Court and
its affiliated offices; the current lease expires on January 31, 2003; the GSA is
interested in extending the lease for one year, with the same terms as the current
lease; and the current lease rate is $6.50 per square foot, plus $3.97 per square foot
for operating costs, increased annually based on the Consumer Price Index 1982-
1984 -- 100, at an annual rent amount of $130,007.76.
388
Mr. Cutler moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
MayorSmith ................ -- ................................................ -7.
NAYS: NONE ...................................................................................... 0.
SEWERS AND STORM DRAINS: A communication from the City Manager
recommending that Council authorize a public hearing to be held on Tuesday,
January 21, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard,
with regard to vacation of sewer and drainage easements on Wildwood Road, S. W.,
was before the body.
Mr. Cutler moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
MayorSmith .................................................................. -7.
NAYS:NONE ........................................................................................ 0.
POLICE DEPARTMENT-OATHS OF OFFICE-COMMITTEES-CITY COUNCIL-
COURT COMMUNITY CORRECTIONS BOARD-JUVENILE CORRECTIONAL
FACILITIES-BLUE RIDGE COMMUNITY SERVICES-ROANOKE NEIGHBORHOOD
PARTNERSHIP-VIRGINIA ALCOHOL SAFETY ACTION PROGRAM: The following
reports of qualification were before Council:
Jesse A. Hall as a member of the Roanoke Valley Juvenile Detention
Center Commission, for a term ending June 30, 2006
The Honorable John B. Ferguson and The Honorable Julian H. Raney
as members of the Court Community Corrections Program Regional
Criminal Justice Board, for terms ending June 30, 2005;
Carl D. Cooper as a member of the Roanoke Neighborhood Partnership
Steering Committee, for a term ending November 30, 2005;
A. L. Gaskins as a member of the Regional Policy Board, Alcohol Safety
Action Program, for a term ending June 30, 2004;
Alma L. Lee as a member of the Personnel and Employment Practices
Commission, for a term ending June 30, 2005; and
389
Robert Williams, Jr., as a member of the Blue Ridge Behavioral
Healthcare, Board of Directors, for a term ending December 31, 2005.
Mr. Cutler moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayor Smith ........................................................... ?
NAYS: NONE ........
LEASES.CITY MARKET: A communication from the City Manager
recommending that Council hold a public hearing on Tuesday, January 21, 2003, at
7:00 p.m., or as soon thereafter as the matter may be heard, with regard to lease of
the City Market Building, was before the body.
Mr. Cutler moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
MayorSmith ................................................ -.
ABSENT: None ...................................
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
390
BUDGET.HOUSING/AUTHORITY-GRANTS'YOUTH: The City Manager
submitted a communication advising that World Changers is a volunteer
organization that brings together youth and adults from throughout the nation to
participate in housing and related community service projects; several months ago
the City and World Changers began discussions with regard to a project to repair 30
or more homes in the southeast and other areas of the City during July 2003; World
Changers will provide youth workers and adult supervision for painting, roofing, and
other rehabilitation; and the City will provide funding for materials and other
support, including housing youth and adults at a school facility for the week.
It was further advised that the City and World Changers have designed a
project for the week of July 12-19, 2003; uncommitted current-year Community
Development Block Grant (CDBG) funds are to be used for costs of materials and
need to be in place prior to July; numerous other preliminary activities to be
supported by CDBG funds must be undertaken prior to arrival of the World Changers
group; therefore, the project must be added to the City's 2002-03 Annual Update to
the Consolidated Plan, requiring a 30-day public review before implementation; a
legal notice appeared in The Roanoke Times on November 29, 2002, to begin the
public comment period, which ended on December 30, 2002; and no objections to
the project were received.
It was explained that preliminary activities to be undertaken prior to arrival of
the World Changers group are extensive and critical to the success of the project,
which includes identifying homes and determining homeowner eligibility, preparing
work write-ups, assessing and treating affected lead-based paint, securing
necessary rehabilitation materials, coordinating with World Changers, and many
other details; the City has chosen Blue Ridge Housing Development Corporation,
Inc., (BRHDC) to serve as overall program administrator to perform these functions;
a subgrant agreement with BRHDC, will be needed to outline the various provisions;
the $110,000.00 in CDBG funds needed for the agreement will be appropriated from
additional program income received in excess of current revenue estimates; and
housing arrangements for World Changers youth and adults are being finalized by
the City's Youth Planner with the Roanoke City Schools and will be completed in the
near future.
The City Manager recommended that the following actions be approved by
Council:
Authorize the City Manager to amend the 2002-03 Annual Update to add
the World Changers project.
391
Authorize the City Manager to execute a CDBG Subgrant Agreement
with Blue Ridge Housing Development Corporation, Inc., to be
approved as to form by the City Attorney.
Increase revenue estimates in the following revenue accounts:
Parking Lot Income
Other Program Income-RRHA
Demolitions
Home Ownership Assistance
Rental Rehabilitation
Miscellaneous Program
Income
Home Ownership Assistance
KDL Investments Loan
Hotel Roanoke Section
108 Loan
Rental Rehabilitation
035-G02-0200-2202
035-G02-0200-2203
035-G02-0200-2204
035-G02-0200-2222
035-G02-0200-2240
035-G03-0300-2205
035-G03-0300-2222
035-G03-0300-2232
035-G03-0300-2234
035-G03-0300-2240
by $7,400.00
by $1,806.00
by $8,034.00
by $3,260.00
by $14,270.00
by $1,375.00
by $2,813.00
by $27,076.00
by $5,849.00
by $38,117.00
Appropriate the above referenced funds to the following expenditure
accounts:
World Changers FY02 Funds 035-G02-0220-5390
World Changers FY03 Funds 035-G03-0320.5391
$34,770.00
$75,230.00
Mr. Carder offered the following budget ordinance:
(#36187-010603) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 51.)
Mr. Carder moved the adoption of Ordinance No. 36187-010603. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mavor Smith ...................................... ~
NAYS: None ............................. .
Mr. Dowe offered the following resolution:
392
(#36188-010603) A RESOLUTION authorizing the appropriate City officials to
amend the 2002-2003 Consolidated Plan Annual Update regarding the World
Changers project, including submission of necessary documents to the U. S.
Department of Housing and Urban Development (HUD), and to enter into a 2002-2003
Community Development Block Grant (CDBG) Subgrant Agreement with the Blue
Ridge Housing Development Corporation, Inc., regarding the World Changers
project, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 67, page 52.)
Mr. Dowe moved the adoption of Resolution No. 36188-010603. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor ~mkn .................................................
NAYS: None ......................................................
CITY CODE-NUISANCES-REFUSE COLLECTION-CITY PROPERTY-STREETS
AND ALLEYS: The City Manager submitted a communication advising that as
authorized by the Code of Virginia, 1950, as amended, Section 33-18 of the Code of
the City of Roanoke (1979), declares weeds and trash on private property to be a
public nuisance required to be abated; the City of Roanoke enforces these
provisions with owners of private property in violation of the ordinance, however,
narrow areas of public rights-of-way adjacent to private property, e.g. between road
pavement and sidewalks or property lines, or along alleys, are frequently overgrown;
and maintenance of these narrow areas is problematic within the City's existing
resources.
It was further advised that owners of private properties currently have some
maintenance responsibilities for adjacent public property, e.g. removal of snow from
sidewalks; in many cases, property owners already take care of adjacent rights-of-
way to the edge of streets and in alleys; where owners do not do so and City of
Roanoke crews cannot mow, trim or pick up trash frequently, streetscape
appearance often is poor and presents a negative image of the community; and the
State Code allows responsibility for removal of nuisances from public property to
be assigned to owners of property affected, as is done in several localities around
the State, including Newport News, Richmond, Norfolk, and Bedford.
393
The City Manager recommended that Council approve amendment to Section
33-17, Code of the City of Roanoke (1979), as amended, to extend responsibility for
weeds and trash on public rights.of-way along streets and alleys to the owners of
adjacent private property, which amendment is a part of the City of Roanoke's efforts
to improve the appearance of its streetscapes and neighborhoods.
Mr. Dowe offered the following ordinance:
(#36189-010603) AN ORDINANCE amending and reordaining subsections (d),
(e) and (g) of §33-17, Definitions, of Chapter 33, Veqetation, of the Code of the City
of Roanoke (1979), as amended, to amend the definition of Owner, Parcel and Weed
or Weeds; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 53.)
Mr. Dowe moved the adoption of Ordinance No. 36189-010603. The motion
was seconded by Mr. Carder.
Dr. Floyd Davis, 1829 June Drive, N. W., addressed Council in connection with
the hardship on elderly persons on fixed incomes who will have to pay for someone
to clear their property. He inquired if real estate taxes will be affected and if a
penalty will be levied against the property owner for non-compliance.
Mr. Robert N. Richert, 415 Allison Avenue, S. W., spoke in support of the
measure, which is not only beneficial to the inner city neighborhoods, but is
consistent with the City's 2001-2020 Comprehensive Plan. He stated that there are
absentee landlords in the inner City who take a dim view of maintaining alleyways,
which include public rights-of-way that are used frequently for walking, bicycling,
etc. He advised that it is unfortunate that City government must legislate what would
normally be good citizenship on the part of property owners and residents of the
City, but overgrown rights-of.way tend to affect not only the impression that
Roanokers give of ourselves, but the impression that is passed on to visitors.
Mr. Richard Dearing, 5122 Old Springs Road, S. W., concurred in the remarks
of Mr. Richert; however, he stressed the importance of the City of Roanoke being a
user friendly government. He referred to a vacant lot that he owns which is located
on an out of the way street, he infrequently passes the lot, and trash is occasionally
found on the property; therefore, if someone trashes his property, he then becomes
a victim of the ordinance. He advised that he is in favor of having a beautiful City,
but would encourage that the City of Roanoke be a user friendly city.
394
Mr. Charles Harlow, 1375 Stoutmire Drive, S. W., advised that in the past,
topics of this nature were introduced to citizens and to neighborhoods with advance
notification and prior to amending the City Code. He expressed concern for himself
as a property owner in the City of Roanoke and for elderly and disabled citizens.
The City Manager was requested to address issues raised by the above noted
speakers; whereupon, she advised that for many years the City Code has required
citizens to clear their sidewalks, particularly when the City experiences a snow
event. However, she stated that it is acknowledged that citizens do not clear their
sidewalks as quickly as possible, which is one of the primary reasons that the
schools do not open after a snow event. She called attention to discussions
regarding the creation of a youth corp that would assist elderly/disabled citizens in
clearing their sidewalks. She advised that there are a number of citizens who have
routinely cleared the area between the sidewalk and the street, but unfortunately,
there is a level of inconsistency and the intent of the proposed ordinance is to clarify
the responsibility of the adjacent property owner. Like all City Code violations, she
explained that individuals would be given notice of and a period of time in which to
correct the violation. With regard to Mr. Dearing's concern, she advised that he
would be notified and given a reasonable period of time to effect the change, if the
violation was not corrected, the City would enter the property to remove the trash
and cut the grass, send a bill to the property owner, if the property owner failed to
pay the bill, it would be recorded as a lien against the property and the lien would
be collected at the time of disposition of the property. In an effort to assist the
elderly and/or disabled citizen, she called attention to plans to implement a program
in which the names of young persons in the various neighborhoods will be provided
as a resource to provide assistance. She stated that there is no impact on the real
estate tax rate, however, maintaining the area in front of one's residence in an
attractive appearance would enhance the value of the property, as well as the value
of the neighborhood. She advised that the goal of staff in bringing the proposed
ordinance to Council is more to make the citizens aware of their responsibility, as
opposed to using the heavy hand of enforcement, because most citizens when they
understand the City's expectations will make an effort to comply.
With reference to City property,the Mayor advised that the City will have to
clean up certain City-owned property before it asks citizens to abide by the proposed
regulations.
395
Council Member Cutler commended the City Manager on the formation of a
Volunteer Youth Corp, and advised that the Kiwanis Club sponsors Builders Clubs
and Key Clubs in the middle schools and the high schools throughout the City and
these young adults will also be pleased to assist with community service projects.
The City Manager responded that she would ask the City's Youth Planner to contact
the two groups as a way to build the Volunteer Youth Corp.
Council Member Carder advised that the issue of absentee landlords is being
addressed as a part of the City's legislative agenda to seek enabling legislation that
would authorize the City to contact absentee landlords; however, to this point, the
City has been unsuccessful. He encouraged citizens to contact their State
representatives and Senator to solicit their support in the City's efforts.
Ordinance No. 36189-100603 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
BUDGET-HOSPITALS-GRANTS: The City Manager submitted a communication
advising that on September 1, 1998, the City of Roanoke and Carilion Health System
(CHS) entered into an agreement whereby CHS agreed to move or to create at least
310 positions in Enterprise Zone One; and the City agreed to make available job
training grants, in the amount of up to $1,000.00 per employee, not to exceed
$500,000.00, through the Fifth District Employment and Training Consortium
(FDETC).
It was further advised that CHS has experienced more growth than the
minimum 310 committed positions and has requested more training funds than
initially set aside; the total request for training funds for 550 positions was
$471,353.42, while the City originally appropriated only $310,000.00 for training
funds of CHS; in February 2002, Council appropriated an additional $25,678.00 to
help bring the total paid to CHS to $335,677.83; the FDETC still owes CHS
$135,675.59, an amount equal to two payment requests by CHS that went
unaddressed due to staff turnover and misdirection of requests, which amount
needs to be funded by the City to FDETC; and the payment will complete all
commitments under the agreement.
The City Manager recommended that Council appropriate $135,676.00 from
Capital Improvement Reserve (Account No. 008-052-9575-9181) to CHS Training
Grant, Account No. 008-310-9699-2044.
396
Mr. Carder offered the following budget ordinance:
(#36190-010603) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 55.)
Mr. Carder moved the adoption of Ordinance No. 36190-010603. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ........................................................................................... -7.
NAYS: None ......................................................................................... 0.
SIDEWALK/CURB AND GUTTER-BUDGET: The City Manager submitted a
communication advising that Council was recently briefed on the categories toward
which curb and sidewalk projects are being focused using the $5 million in bond
funds generated for this purpose; the project is responsive to a number of individual
citizen requests and provides for installation of approximately 20,000 square feet of
sidewalk, 12,000 linear feet of curb and 9,000 square feet of entrances on various
streets within the City; plans are underway to award a contract for the project to
H. & S. Construction Company, in the amount of $477,250.00, with 365 consecutive
calendar days of construction time; and funding needs to be provided.
It was further advised that funding, in the amount of $525,000.00, is needed
for the project; additional funds that exceed the contract amount will be used for
miscellaneous project expenses, including advertising, prints, test services, minor
variations in bid quantities and unforeseen project expenses; and funding in the
amount of $525,000.00 is available in Public Improvement Bonds - Series 2002, Curb
and Gutter, Account No. 008-530-9711-9195.
The City Manager recommended that Council transfer $525,000.00 from Public
Improvement Bonds - Series 2002, A.c. count No. 008-530-9711-9195, to an account to
be established by the Director of F,nance entitled, Curb, Gutter and Sidewalk -
Phase VIII.
Mr. Carder offered the following budget ordinance:
397
(#36191-010603) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 56.)
Mr. Carder moved the adoption of Ordinance No. 36191-0'10603. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
POLICE DEPARTMENT.GRANTS: The City Manager submitted a
communication advising that the Virginia Community Action Re-entry System, Inc.
(Va. CARES) is a nonprofit organization with its home office in the City of Roanoke
and extensive experience in offender services; for the period July 1,2002 to June 30,
2003, the Virginia Department of Criminal Justice Services (DCJS) awarded nearly
$950,000.00 in State funding to Va. CARES to continue its statewide, multi-office,
pre-release and post-incarceration assistance program; due to budget cuts, DCJS
recently notified Va. CARES that its State funding would terminate on December 31,
2002, but Federal funding under the Byrne Memorial Formula Grant Program (Byrne
Grant), administered by DCJS, could be made available to support the program
through the end of the fiscal year; however, Federal funds require a 25 per cent cash
match and may be awarded only to a locality, which would then be expected to
contract with Va. CARES to conduct offender services; in order meet the deadline
of DCJS to ensure availability of Federal funds, Va. CARES submitted an application
on November 15th indicating the City as Grantee, based on an understanding that
this was not final; and the application requested $33'1,102.00 in Byrne Grant funding
and pledged $110,362.00 in matching funds, for a total of $441,464.00 in funding for
the six months.
It was explained that if the City formally agrees to be the Grantee under the
Byrne Grant application, it will become responsible for the entire Va. CARES
program serving 44 cities and counties through nine subcontractors which are
dispersed across the Commonwealth of Virginia; a grant agreement would be
executed with DCJS, whereby the City would become the project administrator and
fiscal agent; and it is in the City's interests that the fiscal agent role be limited as
much as possible to a "pass-through" capacity, with day-to-day operational
activities, such as service delivery, payroll functions and vendor payments,
administered by the Va. CARES home office and its subcontractors.
398
It was pointed out that given the City's budgetary constraints, it is critical that
the City not take on financial liability for the matching funds requirement; under
DCJS funds that expired on December 31, 2002, Va. CARES was required to
contribute matching funds, which it secured through local sources and its
subcontractors; as a condition for becoming the Grantee for the Federal funds, the
City has stipulated that Va. CARES must provide the matching funds up front to
operate during the initial six or more weeks under the Byrne Grant; by requiring Va.
CARES to expend matching funds first, the City can eliminate the potential liability
for providing matching funds; after the initial operating period, the City would
disburse grant funds to the Va. CARES home office on a monthly basis;
disbursements would require documentation of allowable costs and additional
matching funds, ensuring that these requirements are being satisfied; initial use of
matching funds by Va. CARES is, in any case, necessary since grant funds cannot
be drawn and disbursed until after action by Council and following execution of the
necessary State and subgrant agreements; and at the January 21,2003, meeting of
Council, a report will be submitted to Council to accept the Byrne Grant, appropriate
funding, and authorize the City Manager to execute the agreement with Va. CARES.
The City Manager recommended that she be authorized to execute the Va.
CARES Byrne Grant application, contingent upon Va. CARES having secured cash
matching funds sufficient to support its operations for a minimum of six weeks.
Mr. Dowe offered the following resolution:
(#36192-010603) A RESOLUTION authorizing the City Manager to apply for a
grant from the Virginia Department of Criminal Justice Services.
(For full text of Resolution, see Resolution Book No. 67, page 57.)
Mr. Dowe moved the adoption of Resolution No. 36192-010603. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith .......................................................................................... -7.
NAYS: None ......................................................................................... 0.
NEWSPAPERS-ADVERTISING: The City Manager submitted a communication
advising that the City of Roanoke produces a number of publications on a regular
basis, including Roanoke Citizen magazine and an annual municipal calendar which
are distributed to every household in Roanoke, City Corner which is an internal
newsletter distributed to approximately 3,000 City employees and retirees, and
Happenings, which is a Parks and Recreation tabloid distributed through The
Roanoke Times.
399
It was further advised that these publications represent a significant expense
to the City, but they also represent significant opportunities for commercial and non-
profit advertisers to reach potential customers, so long as their advertising is limited
to paid advertising for consumer goods and services; the City has received a
number of requests to advertise in these publications, and the proposed advertising
policy and fees would provide a uniform way to accept advertising and recover a
portion of the expense of providing these valuable public information services; most
localities in Virginia do not produce publications of similar length, frequency or
distribution as does the City of Roanoke and of those localities with comparable
publications, Norfolk and Virginia Beach are the most notable examples for which
advertising plays a large role; the proposed Roanoke advertising policy incorporates
several provisions of the Norfolk and Virginia Beach policies, including prohibitions
against political, religious, sexually oriented or issue advocacy advertisements; and
advertising fees in the proposed policy are based on staff research of market rates
for advertisements in similar commercial publications in the region.
The City Manager recommended that Council approve the proposed
advertising policy and amend the Fee Compendium to accept advertising in the
above-named City publications.
Mr. Carder offered the following resolution:
"A RESOLUTION adopting a Publications Advertising Policy for the City of
Roanoke, establishing advertising fees and amending the City's Fee Compendium."
Mr. Carder moved the adoption of the resolution. The motion was seconded
by Mr. Dowe.
Council Member Bestpitch expressed concern with regard to attempts to
address, in one sentence, the types of advertising that might be prohibited relative
to first amendment questions that could arise from the issue, and noted that it is
difficult to draw the line between the kind of speech that government will prohibit or
allow in this type of situation. Therefore, he offered a substitute motion that the
resolution be tabled for further review by City staff and discussion at a future work
session of the Council. The motion was seconded by Mr. Cutler and unanimously
adopted.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted the Financial Report for the City of Roanoke for the month of
November 2002.
4OO
Council Member Carder expressed concern in regard to the decrease in State
funding, specifically grants to certain programs. He called attention to the need to
identify which City programs are mandated by the State that are either not being
funded, or funding has been cut. He stated that Council should make a decision to
challenge, legally, whether it is required to make up the shortfalls related to
decreases in State funding; and if the State continues to cut funding to programs,
local governments should: (1) inform the State that if it mandates a program, the
mandate should be funded by the State, or (2) the locality should not implement the
program and let the State take the locality to court.
The City Manager advised that the information requested by Mr. Carder could
be compiled rather quickly because City departments, in preparing their business
plans, were instructed to identify those programs that are legally mandated either
by Federal law, State law, local code or discretionary.
The Mayor inquired as to the amount of State reductions passed on to the City
of Roanoke as of October 2002; whereupon, the Director of Finance advised that the
first notification of decreases totaled approximately $387,000.00, and the City was
recently advised of another $500,000.00 - $600,000.00 for the current fiscal year as,
set forth in the Govenor's suggested budget amendment, which is approximately
one quarter of one per cent.
The Mayor advised that in the overall scope of a $194 million City budget, one
quarter of one per cent would not pose a great handicap. He inquired as to how the
loss of one quarter of one per cent of the City's overall budget affects the total
picture.
The Director of Finance clarified that the abovereferenced reduction of funds
is in addition to the reductions that the City was notified of last year, and is not
inclusive of reductions in the upcoming budget.
Council Member Bestpitch expressed concern over repeated comments that
there must be ways in which the City can achieve greater efficiencies in government
and ways to reduce the overall City budget. He called attention to the need to hear
specific areas where budget cuts could be made, regardless of the amount of the
cut, and those persons should be willing to identify what the citizens of Roanoke
will have to give up in order to allow for greater efficiencies and/or an overall budget
reduction.
Without objection by Council, the Mayor advised that the November 2002
Financial Report would be received and filed.
401
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND
RESOLUTIONS:
CONSIDERATION OF ORDINANCES AND
COMMITTEES-CITY COUNCIL: Mr. Bestpitch offered the following resolution
providing that Council meetings wiil commence on the first Monday of each month
at 9:00 a.m. instead of '12:15 p.m.:
(#36193-010603) A RESOLUTION amending Paragraph 2(a) of Resolution No.
35958-070'102, which established a meeting schedule for City Council for the Fiscal
Year commencing July 1,2002, and terminating June 30, 2003, in order to change the
time of commencement of the regular meetings of City Council to be held on the first
Monday in each month from 12:15 p.m. to 9:00 a.m.
(For full text of Resolution, see Resolution Book No. 67, page 57.)
Mr. Bestpitch moved the adoption of Resolution No. 36193-010603. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mavor Smith ......................................
NAYS: None ...................................
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
SPORTS ACTIVITIES-ROANOKE CIVIC CENTER.HOCKEY: Council Member
Wyatt commended staff at the Roanoke Civic Center for the efficient manner in
which the change over occurred from the Roanoke Dazzle basketball game to the
Roanoke Express hockey game on Saturday, January 4, 2003.
ROANOKE CIVIC CENTER-SPORTS ACTIVITIES: Council Member Dowe
encouraged citizens of the Roanoke Valley to support the Roanoke Dazzle basketball
team.
402
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
ZONING-COMPLAINTS-SCHOOLS: Mr. Bob Caudle, 4231 Belford Street, S. W.,
addressed Council in connection with concerns of residents regarding an
application submitted by the Roanoke County School Board to the City of Roanoke
Board of Zoning Appeals, for a zoning variance to install lights on the soccer/football
field at Hidden Valley Middle School, which will allow light fixtures to be 90 feet in
height, in lieu of the maximum 35 feet limitation.
Mr. Caudle advised that Hidden Valley Middle School is a Roanoke County
school located in the City of Roanoke; on July 14, 1986, a Consent Decree was filed
in the Circuit Court signed by the Honorable Ernest W. Ballou, Judge, ordering that
the Hidden Valley Middle School lights be removed by October, 1986, and further
stating that the recreational facility will remain a recreational facility for day time use
only and will remain unlighted to prevent night time recreational use. He inquired
as to why the Roanoke County School Board did not consult with Roanoke City
officials prior to filing the application with the Board of Zoning Appeals and why did
the School Board not consult with the neighborhood. He stated that residents of the
Greater Deyerle area have gone to.great expense to hire an attorney to represent
their best interests which is not a cost that they should have to bear.
CITY MANAGER COMMENTS:
CITY EMPLOYEES: On behalf of all City employees, the City Manager
expressed appreciation to the Members of Council for authorizing December 24,
2002, as an additional holiday for City employees.
ACTS OF ACKNOWLEDGMENT-CITY EMPLOYEES-SNOW REMOVAL: The City
Manager commended City staff on the manner in which the snow event on Sunday,
January 5, 2003, was addressed.
OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER-FDETC-SPORTS
ACTIVITIES: The City Manager advised that the City of Roanoke will host a meeting
of the Roanoke Valley-Alleghany Regional Commission at the Roanoke Civic Center
on January 15, 2003, 4:00 -7:00 p.m., and following the meeting, guests are invited
to attend the Roanoke Dazzle basketball game.
403
At 3:05 p.m., the Mayor declared the meeting in recess for one closed session.
At 4:45 p.m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding and all Members of the Council in attendance.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Harris
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that there
is a vacancy on the Roanoke Arts Commission, and called for nominations to fill the
vacancy.
Mr. Dowe placed in nomination the name of Nelett H. Lor.
There being no further nominations, Ms. Lor was appointed as a member of
the Roanoke Arts Commission, for a term ending June 30, 2005, by the following
vote:
FOR MS. LOR: Council Members Bestpitch, Carder, Cutler, Dowe, Harris,
Wyatt and Mavor Smith .......................................... -,
Inasmuch as Ms. Lor is not a City resident, Mr. Dowe moved that the City
residency requirement be waived. The motion was seconded by Mr. Cutler and
unanimously adopted.
Following the formal session of Council, the work session reconvened at
4:50 p.m., in the City Council Chamber, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, with Mayor Smith presiding and all Members
of the Council in attendance.
404
ITEMS FOR DISCUSSION AT THE FEBRUARY 4, 2003 COUNCIL/SCHOOL
BOARD RETREAT:
The City Manager advised that the facilitator, Lyle Sumek, Lyle Sumek and
Associates, Inc., will interview School Trustees on February 3 and obtain Council
input thereafter.
Council Member Cutler submitted the following items for discussion:
Budget
Audits
School building renovation/construction schedule
Citizen complaints regarding lack of close oversight
resulting in waste of public funds, danger to teachers and
students.
Discipline of those responsible for past illegal activities?
Response to those who advocate an elected school
board?
Joint administration of fitness facilities.
Joint use of trails and parks (recreation, science teaching,
etc.)
Anything to be learned from the experience with the
Roman Catholic Archdiocese that has partnered with the
County instead of the City at Washington Park? Should
the City have handled the matter differently?
Opportunities to share facilities, programs, etc., with
neighboring school districts?
Warmer welcome for volunteers?
4O5
Another proposed item was a philosophical discussion by Council and the
School Board regarding funding issues, in which it was noted that by the time the
General Assembly completes the budget, the School Board may be requesting
additional funds; therefore, the question becomes, will Council take the same stand
that it took with other State budget cuts that were passed down to the affected
Constitutional offices and City departments.
In response, the City Manager called attention to discussions with the
Superintendent of Schools who has indicated that he will present the proposed
fiscal year 2003-04 school budget to the School Board next week. She stated that
based upon preliminary budget estimates and primarily upon information from the
City's Director of Real Estate Valuation with regard to real estate assessments, local
money available to the schools next year represents the largest per cent increase
in new money for the school system in a number of years. She noted that the School
Superintendent is encouraged with regard to local funding which is based on the
formula that was established several years ago. She noted that for fiscal year 2003-
04, the City of Roanoke and the position of its school system is favorable, because
more funds appear to be available than were originally anticipated, and the school
system does not anticipate the level of loss of State funds that was originally
envisioned.
The City Manager advised that the issue of elected school boards could
surface through the news media; therefore, the topic might be an appropriate item
for discussion at the Council/School Board retreat.
There was discussion as to the need for proactive dialogue between Council
and School Board members in order to reach an understanding with the School
Board that the Members of Council appoint School Trustees and it is inherent that
there be some level of accountability back to the Council as the body that is elected
by the voters. The City Manager advised that it is important, when appointments are
made to the School Board, that Council create that kind of atmosphere and the more
Council shares those expectations, the better the relationships will be.
DISCUSSION WITH REGARD TO SCHEDULING OF JOINT MEETINGS OF
COUNCIL AND CERTAIN COUNCIL APPOINTED AUTHORITIES, BOARDS,
COMMISSIONS AND COMMITTEES:
Comments by the Mayor and Members of Council:
Meetings should be used productively and not as a
time to report on the progress of the committee
over the past year.
406 -
For some committees, the joint meetings are
perceived as a time for Council to express
appreciation for a job well done. If Council Members
would agree to attend at least one meeting per year
of the City Planning Commission, Board of Zoning
Appeals, Architectural Review Board, Roanoke
Redevelopment and Housing Authority, Industrial
Development Authority and the School Board, the
5:00 p.m. joint meetings could be eliminated.
Members of the various committees attend the joint
meetings with the expectation of receiving direction
and clarification from the Council.
Joint meetings should not be scheduled unless the
purpose falls into one of the following categories:
(1) to present an explanation of an issue or
concern; (2) to solicit advice from Council; and (3)
to present new directions proposed to be pursued
by the committee and to receive input by Council
prior to proceeding.
Meetings would be more productive if they are held
in a more informal type setting, as opposed to a
dinner meeting.
If no Member of Council submits agenda items for
discussion, the meeting should be cancelled.
The City Manager pointed out that the problem exists with both the Council
and with the various committees, and both groups should share equally in the
scheduling of meaningful agenda items. She suggested that the Council consider
designating which committees it would like to meet with during the year, the
frequency of meetings, and if issues come up during the year that need to be
addressed, Council could schedule a joint meeting with the appropriate committee.
She further suggested that Council schedule meetings with the City Planning
Commission, the Roanoke Redevelopment and Housing Authority and the School
Board and meet with other committees as issues arise that need to be addressed.
She advised that the 5:00 p.m. time slot may not be the best time to schedule
meetings with the various committees, and asked that Council consider the 9:00 a.m.
to 2:00 p.m. work session as a time for joint meetings. Another alternative offered
407
by the City Manager was to schedule Council-Appointed boards and commissions
for ten minute annual report presentations before the Council which will also give
Council the opportunity to express appreciation to committee members for their
volunteer work. She called attention to the importance of drawing out and helping
committee members to feel comfortable in knowing that being candid is not
harmful. It was noted by a Member of Council that there are processes for dealing
with "touchy" issues by persons who are trained in the field, and it could be
advantageous to explore the process of creative sharing and problem solving.
Following discussion, it was the consensus of Council to schedule the School
Board, City Planning Commission and the Roanoke Redevelopment and Housing
Authority for joint meetings with Council; as issues arise, meetings can be
scheduled with other Council Appointed committees; and annual reports by
committees could be presented as a part of the Council work session on the first
Monday of each month.
One Member of Council advised that Members of the Alexandria City Council
not only receive $20,000.00 per annum in salary, but each Council Member is
assisted by an aide who works 20 hours per week, and, with the growing demands
on the time of City Council Members, the topic may be worthy of discussion by a
future Council.
DISCUSSION WITH REGARD TO QUARTERLY MEETINGS OF COUNCIL AND
THE ROANOKE COUNTY BOARD OF SUPERVISORS:
The following remarks were offered by the Mayor and Council Members:
Joint meetings should be held only if there is to be
meaningful and productive dialogue and no political
grandstanding.
It would be beneficial to schedule a joint meeting to
discuss the progress of joint staffing of fire stations
and future steps to be taken, joint parks and
recreation efforts, and a regional library system.
If progress is to be made on the above referenced
types of issues, it must start with the two
administrations; therefore, it would be
advantageous for the City Manager and the County
Administrator to work with their respective staffs
and at the appropriate time, City Council and the
Board of Supervisors could hold a joint meeting to
announce results and/or engage in official action.
409
COUNCIL-REGIONAL LEADERSHIP SUMMIT-CENTER IN THE SQUARE: Mayor
Smith introduced Jim Seam, Chair, Center-In-The-Square Board of Directors, for
remarks with regard to Center in the Square.
Mr. Sears advised that Center in the Square is considered a regional cultural
center that serves Southwestern Virginia which helps to increase the quality of life;
it houses seven organizations, free of charge; and offers education programs which
are a part of the Standards of Learning requirements.
He highlighted some of the accomplishments that the organization was
involved with, such as the refurbished former Shenandoah Hotel, the Boiler Room
Restaurant, and the Roanoke Passenger Station; and acquisition of the O. Winston
Links Works that are displayed in the History Museum. He remarked that the
organization is available to assist localities with educational, quality of life and
economic development efforts, and expressed appreciation for the support of the
localities.
Mr. Sears introduced D. Kent Chrisman, Executive Director, Roanoke Valley
History Museum. Mr. Chrisman welcomed everyone to the History Museum and
expressed appreciation for the opportunity to address the localities. He gave brief
comments with regard to the history of the History Museum, advising that it was a
regional group that was founded in 1957 as the Roanoke Historical Society,
published its first journal in 1964, and since that time, the name has been changed
to the History Museum and Historical Society of Western Virginia.
Mr. Chrisman called attention to the O. Winston Link photographs displayed
in the History Museum, stating that the Link Collection covered not only western
Virginia, but portions of North Carolina, West Virginia and a smaller portion of
Maryland, which region was served by the Norfolk and Western Railway Company;
and the Museum has a unique opportunity to market the Link Collection with other
institutions throughout western Virginia.
He shared the following data with regard to O. Winston Link:
A life long New Yorker who had a love for railroads, the State of
Virginia, and at different times throughout his life, resided in the
Roanoke Valley;
A very successful commercial photographer who counted some of the
larger corporations headquartered in New York City as his clients;
410
Driven by the knowledge that the ere of steam locomotion in the United
States was rapidly drawing to a close, he began recording, dn film, the
activity of the Norfolk and Southern Railway; and
Captured the industrialization revolution in a comprehensive manner --
2,500 images using his own resources over a period of five years from
1955 to 1960.
Mr. Chrisman further stated that the O. Winston Link Gallery and the
renovations to the Roanoke Passenger Station, coupled with the Hotel Roanoke and
Conference Center, would allow the History Museum to offer a package that could
bring railroad enthusiasts to the City of Roanoke since the Link art/photo collection
has been exhibited and collected around the world; and some of Mr. Link's work is
part of the permanent collections of art in the Getty Museum in Los Angeles, the
Metropolitan Museum of Art in New York, and the Victoria and Albert Museum in
London.
He advised that the History Museum plans to purchase from the O. Winston
Link Estate 280 photographic prints, sound recording equipment, video footage, Mr.
Link's notebooks, cameras, and other equipment; and the Museum has partnered
with the Western Virginia Foundation for Arts and Sciences, d/b/a Center in the
Square, to renovate the Roanoke Passenger Station to house an O. Winston Link
Museum and regional visitors center.
Mr. Chrisman further advised that a campaign team has been created to raise
$2.6 million to address the immediate needs and partially fund an endowment for the
facility; and encouraged the localities to support the team in promoting western
Virginia as a tourism concept.
AIRPORT-CONSULTANTS: Barry DuVal, President and CEO, Kaufman and
Canoles Consulting, LLC, highlighted five key factors that promote economic
competitiveness in a regional economy: competitive workforce, intellectual
capacity, quality of life, pro-business attitude, and global connectivity.
Mr. DuVal advised that businesses and leisure travelers are looking for Iow-
cost and frequent air service, most prefer jet service; and small to medium markets
have successful airports that are focusing on Iow-cost and frequent perks. He
further advised that major airlines are struggling because of significant fixed cost,
labor, and operating expenses; another group of carriers in the United States, known
as Iow-fare carriers are successful; a trend has occurred in small and medium-size
markets for air service; and regional alliances consisting of public/private
partnerships have formed to recruit Iow-fare carriers.
411
He called attention to two airports in Virginia that have shown growth in the
last 12 months - Norfolk and Newport News; and stated that Southwest Airlines, the
first Iow-fare carrier, serves Norfolk and AirTran Airways serves Newport News. He
further stated that the two components that are critical to each alliance are strong
pledges of support from regional business leaders and communities; and an air
service improvement fund which is used to reduce operating costs.
Mr. DuVal distributed copies of a news release dated June 14, 2002, whereby
the City of Roanoke announced the formation of an regional airport alliance; and
called attention to the 18 entities within the service area which have expressed
support for the development effort.
Dr. Ray Smoot, Vice-President of Administration and Treasurer, Virginia
Polytechnic Institute and State University, shared data on air service usage by
Virginia Tech officials.
Mr. Duval introduced Beth Doughty, President, Roanoke Regional Chamber
of Commerce, for additional comments.
Ms. Doughty mentioned that the question of air service has consistently been
in the top three issues of concern for Chamber of Commerce members and their
ability to compete in the regional economy; and she foresees some promise with the
public/private partnership to engage both the public and private sector in the effort
to attract an air carrier. She advised that the Roanoke Regional Chamber of
Commerce is part of the Western Virginia Business and Legislative Coalition which
consists of 14 Chambers in Western Virginia; and she is optimistic that the
Chamber has the tools and the network in place to assist the localities.
Mr. Duval advised that a preliminary draft of a survey for Iow-fare air carrier
service included profiling all domestic Iow-fare carriers in the United States based
on the carrier's existing route, aircraft needs, type of plane flown, recent route
expansions, apparent route development strategies and the type of carrier to serve
Roanoke; and the results of the study indicated the following: "All factors
considered, AirTran Airways is clearly the candidate best suited to provide Iow-fare
service to Roanoke."
He further advised that based on the results of the study, the Roanoke
Regional Airport intends to move forward with an initiative to implement a travel
pledge campaign from the business communities of all the local jurisdictions in the
Roanoke Valley, which will be a critical component in demonstrating to AirTran
Airways and any other airline that would like to utilize the results of the study.
412
Mr. DuVal stated that the numbers mentioned by Dr. Smoot relative to the
frequency of flights are significant for airlines such as AirTran, and the travel pledge
campaign form will ask businesses about their flying frequency to 36 different cities,
and what percentage they would be willing to pledge to AirTran Airways in an effort
to create a business environment; and the Airport Commission will work with the
Chamber of Commerce to distribute the forms.
Mr. Duval asked representatives of the Regional Leadership Summit to
discuss the initiative because it is critical to businesses in their respective
communities to participate in the travel pledge program.
ANNOUNCEMENTS:
Wayne Strickland, Secretary, Fifth Planning District Regional Alliance, advised
that the meeting of the Mayors and Chairs will be held on Thursday, February 14,
2003, at the Roanoke Valley-Alleghany District Office; and the Fifth Planning District
Regional Alliance and Mayors and Chairs meeting, respectively, will be held on
Thursday, March 6, 2003, at the Vinton War Memorial.
Mayor Donald Davis, Town of Vinton, called attention to two bills to be
introduced at the 2003 Session of the General Assembly; i.e.: a charter change
relative to an employee who is employed by a local governing body and plans to run
for a seat on its local governing body, to require that the employee resign from his
or her position if elected to the governing body; and a bill changing the requirement
that a Town's income per capita will continue to be determined by the County's
income per capita.
On behalf of Virginia Tech University, Dr. Smoot extended an invitation to host
the next Regional Leadership Summit meeting on April 11,2003, in the Donaldson-
Brown Center, Virginia Tech University, Otey Street, Blacksburg, Virginia.
There being no further business, the Mayor declared the meeting adjourned
at 1:30 p.m.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
413
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January21,2003
2:00 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
January 21, 2003, at 2:00 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Proceoure,
Rule 1, Recjular Meetin~js, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson
Harris, Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor Ralph K.
Smith ............................................................................................................. 7.
ABSENT: None ....................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by Mayor Ralph K. Smith.
The Pledge of Allegiance to the Flag of the United States of America wa= led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
POLICE DEPARTMENT-ACTS OF ACKNOWLEDGMENT: Dan Allen,
representing the Virginia Association of Chiefs of Police, presented a "Saved By The
Belt" safety award to Stephanie Hallis, a resident of the City of Roanoke, in
recognition of Ms. Hallis' decision to use her seat belt, which was a life saving
decision. He called upon Roanoke City Police Officer, Jennings W. Tardy, who
conducted the investigation.
414
Officer Tardy advised that Ms. Hallis was driving south on the Roy L. Webber
Highway in the left lane when her vehicle was struck head on by a vehicle going
north in the southbound lane, her vehicle rotated to the right and struck the side of
a tractor trailer at a speed of approximately 55 miles per hour. He stated that if Ms.
Hallis had not been wearing her seat belt, she would have impacted the steering
column of her vehicle and would have been killed instantaneously.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. The Mayor called attention to two requests for closed sessions
regarding vacancies on certain Council-Appointed authorities, boards, commissions
and committees; and a request of the City Attorney with regard to the provision of
legal advice by counsel.
MINUTES: Minutes of the regular meeting of Council held on Monday,
December 2, 2002; and a special meeting of Council held on Friday, December 6,
2002, were before the body.
Mr. Cutler moved that the minutes be approved as printed and that the reading
thereof be dispensed with. The motion was seconded by Mr. Harris and adopted by
the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder and
Mayor Smith ................................................................................................ -7.
NAYS: None ............................................................................ -0.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended, was before Council.
415
Mr. Cutler moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Harris
and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder~and
Mayor Smith .................................................................................................... 7.
NAYS:NONE ........................................................................................ ~.
ANNUAL REPORTS-REAL ESTATE VALUATION: A communication from the
Director of Real Estate Valuation advising that as prescribed by law, the Office of
Real Estate Valuation has completed the Annual General Reassessment Proqram for
fiscal year 2003-04; "Change of Assessment Notices" were mailed to property
owners on January 18, 2003; and the real estate tax base increased approximately
5.9 per cent due to this year's annual reassessment, which figure is subject to
appeals and excludes new construction, was before Council.
It was further advised that new construction in Roanoke City totals $80.5
million dollars and will add another 1.86 per cent to the tax base, which is down
slightly from last year's 2.06 per cent rate; residential new construction totals $43.7
million dollars and commercial new construction totals $36.8 million dollars; last
year's new construction totaled $84.3 million dollars; and overall, the general
reassessment program and new construction indicate growth of 7.8 per cent in the
real estate tax base to July 1, 2003; and last year's growth was 5.3 per cent.
It was explained that unlike the financial markets, the real estate markets have
remained strong during the last three years of weak economic growth; Iow interest
rates generally, and historically Iow mortgage interest rates in particular, have
helped the real estate markets weather this recessionary environment; rates
continue to fuel increased new home construction, remodeling and repair activity;
and assessment appeals will be conducted from January 18 through February 15,
2003.
Mr. Cutler moved that the communication be received and filed. The motion
was seconded by Mr. Harris and adopted by the following vote:
416
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder and
MayorSmith ...................................................................... -7.
NAYS:NONE ................................................................................ ~'
OATHS OF OFFICE.TRAFFIC-ZONING-COMMITTEES-TRANSPORTATION
SAFETY-TRAFFIC: The following reports of qualification were before Council:
Joseph F. Miller and William D. Poe as members of the Board of Zoning
Appeals, for terms ending December 31, 2005; and
Kenneth H. King, Jr., as a member of the City of Roanoke
Transportation Safety Commission, for a term ending October 31,2006.
Mr. Cutler moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder and
Mayor Smith .......................................................................................... -7.
NAYS: None .............................................................................. -0.
CITY ATTORNEY-CITY COUNCIL: A communication from the City Attorney
requesting that Council convene in a Closed meeting to consult with legal counsel
on a specific matter requiring the provision of legal advice by such counsel,
pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended, was before
the body.
Mr. Cutler moved that Council concur in the request of the City Attorney to
convene in a Closed Meeting to consult with legal counsel on a specific matter
requiring the provision of legal advice by such counsel, pursuant to Section 2.2-3711
(A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Harris
and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder and
Mayor Smith ...................................................................................... -7.
NAYS:NONE ....................................................................................... ~'
417
REGULAR AGENDA
PUBLIC HEARINGS:NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY EMPLOYEES: The City Manager submitted a communication advising
that military leave at full pay is limited to 15 work days per Federal fiscal year for
employees of the City of Roanoke who are military reservists called to active duty;
Council approved Special Military Payon November 5, 2001, to provide supplemental
pay for military reservists called to active duty related to the war on terrorism, which
was effective through September 30, 2002, and benefitted three City employees
called from reserve status to active duty; and there are 38 reservists in 12
departments within the City of Roanoke who are currently employed on a full time
basis.
· The City Manager recommended that Council approve a special policy to pay
military reservists who are called to active duty and serve between the period of
October 1, 2002 and September 30, 2003, the difference between their military base
pay (including any other related compensation received from the military) and pay
with the City of Roanoke in their current job; covered employees would be those
reservists who are called to active duty related to the country's war on terrorism,
subsequent to the employee's employment with the City of Roanoke; and
supplemental pay will be provided upon request and with the necessary
documentation provided to the Department of Human Resources.
Mr. Carder offered the following resolution:
(#36194-012103) A RESOLUTION authorizing payment of supplementary
compensation and restoration of certain benefits to certain employees called to
active military duty.
(For full text of Resolution, see Resolution Book No. 67, page 59.)
418
Mr. Carder moved the adoption of Resolution No. 36194-012103. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith ...................................................................... 7.
NAYS: None ................................................................................ -0.
BUDGET-FIRE DEPARTMENT-GRANTS: The City Manager submitted a
communication advising that the Fire Programs Fund was established by the
General Assembly, effective October 4, 1985, pursuant to Section 38.1-44.1 of the
Code of Virginia; the sunset clause requiring expiration of the Fund on July 1, 1990,
was removed, thus, the City's annual allocation of State funds will continue
indefinitely; program guidelines require that funds received are non-supplanting and
may not be used to replace existing local funding; and funds must be used in
accordance with provisions established by the State Department of Fire Programs.
It was further advised that the City of Roanoke's allocation of $127,201.85 was
deposited into Account No. 035-520-3233-3233 from the Department of Fire
Programs; the City's portion of the Roanoke Regional Fire-EMS Training Center debt
service is $60,000.00, which is paid annually from this revenue source; and Council
action is needed to formally accept and appropriate the funds and to authorize the
Director of Finance to establish revenue estimates and appropriate accounts in the
Grant Fund to purchase equipment and supplies, in accordance with provisions of
the program.
The City Manager recommended that she be authorized to accept the Fire
Programs Grant, to accept and file any documents setting forth conditions of the grant,
to furnish such additional information as may be required and to appropriate Grant
Funds of $127,202.00, with corresponding revenue estimates, in accounts to be
established by the Director of Finance in the Grant Fund.
Mr. Dowe offered the following budget ordinance:
(~36195-012103) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Grant Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 60.)
419
Mr. Dowe moved the adoption of Ordinance No. 36195-012103. The motion was
seconded by Mr. Cutler.
On behalf of Ms. Helen E. Davis, Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E.,
inquired as to which part of the grant will be used to pay for a study to evaluate the
proposed closing of four more fire stations in the City of Roanoke.
Ordinance No. 36195-012103 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith .......... 7.
NAYS: None ..... 0
Mr. Dowe offered the following resolution:
(#36196-012103) A RESOLUTION authorizing the acceptance of the FY2003 Firs
Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire
Programs and authorizing the execution and filing by the City Manager of the
conditions of the grant and other grant documents.
(For full text of Resolution, see Resolution Book No. 67, page 61.)
Mr. Dowe moved the adoption of Resolution No. 36196-012103. The motion was
seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith ..................... 7.
NAYS: None ...............
POLICE DEPARTMENT-BUDGET.GRANTS: The City Manager submitted a
communication advising that the Virginia Community Action Re.entry System, inc. (Va.
CARES) is a statewide, nonprofit offender services organization, with its home office in
the City of Roanoke; Va. CARES was awarded $950,000.00 in State funding from the
Virginia Department of Criminal Justice Services (DCJS) to operate from July 1, 2002,
to June 30, 2003; due to budget cuts, DCJS notified Va. CARES that State funds would
terminate on December 31, 2002, but that the Federal Byme Memorial Formula Grant
Program (Byrne Grant) funds, also administered by DCJS, would be made available for
the remainder of the program year; and Federal funds require a 25 per cent cash match
and may be awarded only to a locality, which would then be expected to contract with
Va. CARES to conduct offender services.
42O
It was further advised that on January 6, 2003, pursuant to Resolution No.
36192-010603, Council authorized the City Manager to execute an application for
$331,102.00 in Byrne Grant funds, contingent upon the ability of Va. CARES to secure
and operate for at least the initial six weeks with the matching funds; since Council's
action on January 6t', DCJS has provided the forms for acceptance of the Byme Grant;
Va. CARES has been working to secure all necessary matching funds and is presently
using matching funds to operate, in accordance with the City's conditions regarding the
Byrne Grant application; and Va. CARES and City staff have also held meetings to work
out the details of a contract between the two parties.
A draft contract was transmitted which incorporates ail applicable provisions of
the Va. CARES program design from its prior agreement with DCJS, as well as the
application for the Byrne Grant funds and the pending grant agreement between the
City and DCJS; under the contract, the City will act as fiscal agent and project
administrator, but day-to-day operational activities, such as service delivery, payroll
functions and vendor payments, will be performed by Va. CARES home and satellite
offices and its subcontractors; and because Va. CARES operates through a network of
12 offices, including its home office, two Va. CARES satellite offices and nine
subcontractor offices, it would not be feasible for the City to obtain all source
documents for expenditures when disbursing grant funds.
It was stated that because Va. CARES has no cash flow, other than the matching
funds it has secured, the City would need to begin advancing grant funds as early as
February 2003; as with any advance disbursement agreement, the City must be willing
to assume a level of risk with respect to the actuality of disbursed funds being
expended and the allowability of such expenditures; contract procedures will provide
that Byme Grant funds disbursed to Va. CARES cannot exceed the amount warranted
by match expenditures, in principle avoiding City liability for match shortfalls; limited
reviews of expenditure source documents can be made by the Department of Finance
at interim points during the period of the Agreement, prior to the program audit; the
City's risk is further mitigated by the over 20 years of Va. CARES' continuous operation
and its consistent record with the State for clean audits, however, risk cannot be
eliminated; and it is also important to consider that, should Va. CARES not secure
funding for the future, obtaining program records and other efforts associated with
closing out the program will be the City's responsibility.
The City Manager recommended the following:
Authorize the City Manager to execute, on behalf of the City, the necessary
forms for accepting the DCJS Byrne Grant funds; _
421
Appropriate $331,102.00 in Byrne Grant funds to revenue and expenditure
accounts in the Grant Fund to be established by the Director of Finance;
and
Authorize the City Manager to execute a subgrant agreement with Va.
CARES to be approved as to form by the City Attorney.
Mr. Dowe offered the following budget ordinance:
(#36197-012103) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Grant Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 62.)
Mr. Dowe moved the adoption of Ordinance No. 36197-012103. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith ................................. -7.
NAYS: None ........................................
Mr. Dowe offered the following resolution:
(#36198-012103) A RESOLUTION accepting a grant of funds from the Byrne
Memorial Formula Grant Program, administered bythe Virginia Department of Criminal
Justice Services, authorizing the City Manager to execute the requisite documents for
such grant, authorizing the City Manager to execute a subgrant agreement with the
Virginia Community Action Re-entry System, Inc. ("Virginia CARES"), upon certain
terms and conditions.
(For full text of Resolution, see Resolution Book No. 67, page 63.)
Mr. Dowe moved the adoption of Resolution No. 36198-012103. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith ..................................... -7.
NAYS: None ............ 0.
422
BUDGET-EMERGENCY SERViCES-GRANTS: The City Manager submitted a
communication advising that the Federal Emergency Management Agency has awarded
the City of Roanoke a grant, in the amount of $22,692.00, through the State and Local
Ali-Hazards Emergency Operations Planning Grant Program, which will be available by
mid-January and must be used to ensure comprehensive plans that address
preparation for, and response to, all threats including terrorist attacks; funds will be
used to enhance ongoing emergency operations planning programs, development of
strategies for overall local preparedness, training and exercising of plans; and the 100
per cent Federal grant is based on $5,000.00 per locality, plus $.18 per capita, and funds
must be spent by December 12, 2003.
It was further advised that the City of Roanoke must agree to complete specific
activities designed to improve operational effectiveness, which activities were expressly
developed for each jurisdiction based on current levels of preparedness; activities
include regional planning, mutual aid, training, exercises, assessing current
capabilities, developing a plan to enhance community readiness and identifying the use
of future Federal funds; and action by Council is needed to formally accept and
appropriate funds in the Grant Fund, in accordance with provisions of the program.
The City Manager recommended that she be authorized to execute a grant
agreement and that Council appropriate $22,692.00, with a corresponding revenue
estimate in the Grant Fund.
Mr. Carder offered the following budget ordinance:
(~t36199-012103) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Grant Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 65.)
Mr. Carder moved the adoption of Ordinance No. 36199-012103. The motion was
seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith 7.
NAYS: None
423
Mr. Dowe offered the following resolution:
(#36200-012103) A RESOLUTION authorizing the acceptance of a grant of funds
from the State and local Ali-Hazards Emergency Operations Planning Grant Program
offered through the Federal Emergency Management Agency (FEMA), and authorizing
execution of any required documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 67, page 66.)
Mr. Dowe moved the adoption of Resolution No. 36200-012103. The motion was
seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith ...................................... -7.
NAYS: None .......... 0
PURCHASE/SALE OF PROPERTY.SEWERS AND STORM DRAINS-BUDGET-
WATER RESOURCES: The City Manager submitted a communication advising th,~t the
Roanoke Water Pollution Control Plant (WPCP) Wet Weather Project approved earlier
this year by Council is approaching the 65 per cent design phase; based upon
comments received from both the Virginia Department of Health and the Department of
Environmental Quality, and recommendations of the City's contract engineers, critical
elements of the project will require that adjacent parcels of land be purchased, in order
to obtain a functional design; and design of the project is sufficiently complete to
identify the necessary property acquisitions for construction.
"It was further advised that authorization is needed to move forward with
procurement of title work, appraisals, and document preparation related to acquisition
of the necessary property fights; projected cost for acquisition of the necessary
property rights is approximately $1,000,052.00, which cost cannot be included within
the anticipated financing mechanism for the project; and in light of this restriction, it will
be necessary to fund the purchases from Water Pollution Control Retained Earnings.
The City Manager recommended that the City Manager and the City Attorney be
authorized to take the necessary steps to acquire all property rights, said property
fights may be acquired by negotiation or eminent domain, and may include fee simple,
permanent easements, permanent access easements, temporary construction
easements, fights-of-way, licenses or permits, etc., subject to satisfactory
424
environmental site inspection; and that Council appropriate funds totaling
$1,000,052.00 to the Water Pollution Control Wet Weather project, Account No. 003-510-
8362-9003, as follows: $457,124.00 from Water Pollution Control Retained Earnings and
establish an accounts receivable for shared expenses of property acquisition costs to
be funded with other jurisdictional partners.
Mr. Dowe offered the following budget ordinance:
(#36201-012103) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Water Pollution Control Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 67.)
Mr. Dowe moved the adoption of Ordinance No. 36201-012103. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith 7.
NAYS: None
Mr. Cutler offered the following ordinance:
(#36202-012103) AN ORDINANCE providing for the acquisition of property rights
needed by the City for the construction of the Roanoke Water Pollution Control Plan
("WPCP") Wet Weather Project; authorizing the City Manager to fix a certain limit on the
consideration to be offered by the City; providing for the City's acquisition of such
property rights by condemnation, under certain circumstances; authorizing the City to
make motion for the award of a right of entry on any of the parcels for the purpose of
commencing the project; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 68.)
425
Mr. Cutler moved the adoption of Ordinance No. 36202-012103. The motion was
seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith ...................... 7.
NAYS: None ...............
BUDGET-GRANTS-EMERGENCY MEDICAL SERVICES-FIRE DEPARTMENT: The
City Manager submitted a communication advising that the Virginia Department of
Health, Office of Emergency Medical Services, has a Consolidated Grants Program that
is administered twice annually; and Roanoke Fire-EMS applied for the grant in order to
furnish front-line ambulances with seven Zoll M-Series Defibrillators.
It was further advised that in January 2003, the State Office of Emergency Medical
Services awarded Roanoke Fire-EMS a grant of $42,000.00 for the project, requiring a
$42,000.00 local match; sufficient matching funds for the grant was appropriated
through CMERP in the fall of 2002 and is available in Account Nos. 001-520-3213-9132
and 001-520-3521-2005; and action by Council is needed to formally accept and
appropriate the funds and to authorize the Director of Finance to establish revenue
estimates and appropriation accounts to purchase equipment and supplies, in
accordance with provisions of the grant.
The City Manager recommended that Council accept the Office of Emergency
Medical Services Consolidated Grant, authorize the City Manager to execute the grant
agreement and any related documents, and appropriate State grant funds totaling
$42,000.00, with a corresponding revenue estimate in accounts to be established bythe
Director of Finance in the Grant Fund; and transfer the local match of $38,580.00 from
Account No. 001-520-3213-9132 and $3,420.00 from Account No. 001-520-3521-2005, to
the Grant Fund account.
Mr. Dowe offered the following budget ordinance:
(#36203-012103) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 General and Grant Funds Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 70.)
426 -
Mr. Dowe moved the adoption of Ordinance No. 36203-012103. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith ....7.
NAYS: None ----0.
Mr. Dowe offered the following resolution:
(#36204-012103) A RESOLUTION authorizing the acceptance of the Office of
Emergency Medical Services (OEMS) Consolidated Grant made to the City of Roanoke
by the Virginia Department of Health, Office of Emergency Medical Services, and
authorizing the execution and filing by the City Manager of the conditions of the grant
and other grant documents.
(For full text of Resolution, see Resolution Book No. 67, page 71.)
Mr. Dowe moved the adoption of Resolution No. 36204-012103. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith ......... 7.
NAYS: None
POLICE DEPARTMENT-BUDGET-DRUGS/SUBSTANCE ABUSE-CITY PROPERTY:
The City Manager submitted a communication advising that in 1991, the Virginia General
Assembly passed State legislation allowing local law enforcement to seize and have
forfeited property connected with illegal narcotics distribution; the law also makes it
possible for police departments to receive proceeds from forfeited properties;
application for an equitable share of the property seized by local law enforcement must
be made to the Department of Criminal Justice Services, Forfeited Asset Sharing
Program and certified by the Chief of Police; property, including funds shared with State
and local agencies, may be used only for law enforcement purposes; program
requiraments include that funds be placed in an interest bearing account and that
interest earned be used in accordance with program guidelines; and revenues totaling
$75,950.00 have been collected and are available for appropriation in Grant Fund
Account Nos. 035-640-3302-3300 and 035-640-3302-3299.
427
The City Manager recommended that Council appropriate $75,950.00 to the Grant
Fund for Overtime Wages, Account No. 035-640-3302-1003, and increase the Grant Fund
revenue estimate in Account No. 035-640-3302-3300 by $73,790.00 and Account No. 035-
640-3302-3299 by $2,160.00.
Mr. Dowe offered the following budget ordinance:
(#36205-012103) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Grant Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 72.)
Mr. Dowe moved the adoption of Ordinance No. 36205-012103. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith ...................... 7.
NAYS: None ........................
POLICE DEPARTMENT-BUDGET-DRUGS/SUBSTANCE ABUSE-CITY PROPERTY:
The City Manager submitted a communication advising that in 1986, Congress
authorized the transfer of certain Federally forfeited property to State and local law
enforcement agencies that participated in the investigation and seizure of the property;
application for an equitable share of property seized by local law enforcement m~;st be
made to the U. S. Department of Justice and certified by the City Attorney; and 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.
It was further advised that participation in Federally forfeited property enhances
the effectiveness of narcotics investigations by providing necessary investigations
equipment, investigative funds, and offsets costs that would otherwise have to be borne
by the City's taxpayers; the Police Department receives funds periodically from the
Federal Government's Asset Sharing Program; grant requirements state that the funds
must be placed in an interest bearing account and that interest eamed be used in
accordance with program guidelines; and revenues totaling $13,877.00 have been
collected and are available for appropriation in Grant Fund Account Nos. 035-640-3304-
3305 and 035-640-3304-3306.
428
The City Manager recommended that Council appropriate $13,877.00 to the Grant
Fund account for Investigations & Rewards, Account No. 335-640-3304-2150, and
increase the Grant Fund revenue estimate for Account No. 035.640-3304-3305 by
$13,596.00 and Account No. 035.040-3304-3306 by $281.00.
Mr. Harris offered the following budget ordinance:
(#36206.012103) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Grant Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 73.)
Mr. Harris moved the adoption of Ordinance No. 36206-012103. The motion was
seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith 7.
NAYS: None
I-0.
PARKS AND RECREATION-GRANTS-WATER RESOURCES: The City Manager
submitted a communication advising that the Virginia Recreational Trails Fund Program
is an "80/20" reimbursable Grant Program established for the purpose of providing and
maintaining recreational trails and trail-related facilities; funded through the
Transportation Equity Act for the 21't Century (TEA-21), the program allocates funds to
States for recreational trails and trail-related projects; and the state agency responsible
for administering the program is the Virginia Department of Conservation and
Recreation.
It was further advised that as defined within the Carvins Cove Land Use Plan, the
City concluded that "careful design of proposed enhancements and trail locations
should be considered to preserve the existing wilderness environment of Carvins
Cove"; to accomplish these sustainable enhancements, the Plan further illustrates the
need for both an inventory and an assessment of the overall trail's system; and if
funded, this grant opportunitywould enable the City to create an accurate trails catalog
via GPS data collection, to rehabilitate an eight-mile section of the 40+ mile trail system
to a sustainable level, and to install wayflnding signage.
429
It was stated that to attain the City's matching 20 per cent component of the
$80,000.00, the Departments of Utilities and Parks and Recreation will combine
resources via collected Cove user fees and in-kind volunteer trail labor to match the
Federal portion of the program; and there is significant community in-kind support for
this initiative in the form of trails signage donations from East Coasters Cycle and
Fitness, trail assessment management from the Appalachian Trails Conference, and site
maintenance work through both the Valley Shared Trails network (VAST) and Roanoke
Valley's Pathfinders for Greenways.
The City Manager recommended that she be authorized to submit a grant
proposal to the Virginia Department of Conservation and Recreation pertinent to the
described improvements to the Carvins Cove trail system, in an overall grant amount
not to exceed $80,000.00.
Mr. Harris offered the following resolution:
(#36207-012103) A RESOLUTION authorizing the City Manager to apply for a grant
for a Virginia Recreational Trails Fund Program administered through the Virginia
Department of Conservation and Recreation.
(For full text of Resolution, see Resolution Book No. 67, page 75.)
Mr. Harris moved the adoption of Resolution No. 36207-012103. The motion was
seconded by Mr. Dowe.
Council Member Cutler inquired if an inventory of the condition of all of the trails
in the Carvins Cove natural reserve have been completed; is the Department of Parks
and Recreation in charge of that aspect of Carvins Cove improvement; will mountain
biking, hiking and equestrian clubs using the Cove be invited to volunteer for the
inventory, relocation and maintenance of the trails; will a recreational map of Carvins
Cove be prepared; and how will funds generated by the entrance fee to Carvins Cove
be used.
The City Manager advised that all fees currently collected as admission to
Carvins Cove are set aside in a separate fund, in order to make needed improvements
to Carvins Cove as a recreational asset and funds are not used as operational expenses
of the Cove. She stated that there are a significant number of trails that have been
inventoried by the Parks and Recreation Department, many of which have been
identified as not being needed and others that need significant improvements, which
is the purpose of the proposed grant.
430 -
Resolution No. 36207-012103 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith .-7.
NAYS: None
BUDGET-TOURISM-ECONOMIC DEVELOPMENT-CONSULTANTS REPORTS: The
City Manager submitted a communication advising that in early 2002, at the request of
Council, the City began the process of establishing a Roanoke marketing identity, or
brand, to help spur regional economic development and tourism; the City surveyed the
scope, cost and effectiveness of branding services procured by a number of localities
in Virginia and elsewhere; a Request for Proposals was developed, in partnership with
Roanoke County, advertised and mailed to approximately 25 local, regional, national,
and international firms with branding experience; and nine proposals were received on
February 15, 2002.
It was further advised that a regional team consisting of economic development,
tourism and marketing professionals (public, private and non-profit) reviewed the bids,
interviewed finalists, and identified the top candidate as the San Francisco-based
Landor Associates, reportedly the largest and oldest branding firm in the world; and the
identity development process will take approximately four months and will consist of
the following activities:
Discovery: exploring existing research and views and determining
competitive strengths through a series of management and stakeholder
interviews and through other research;
Vision development: determining Roanoke's strategic vision, position and
goals through an equity modeling workshop, constituent assessments
and other research;
Identity development: creating Roanoke's brand identity through design,
work sessions, and presentations;
Marketing plan development: determining key applications for and
extensions of the brand through the development of a marketing plan; and
Documentation: ensuring the consistency of the brand through the
development of guidelines and graphic requirements.
431
It was stated that funding in the amount of $300,000.00 is needed for the project;
funding was designated in the Capital Maintenance and Equipment Replacement
Program approved by Council in September 2002; work will focus specifically on
development of a "Roanoke" marketing identity for use by the City of Roanoke and by
Roanoke County, if so desired; however, the identity will be developed with
consideration to a regional endorsement brand to be developed under the guidance of
the Roanoke Valley-Alleghany Regional Commission's Regional Alliance.
The City Manager recommended that Council authorize transfer of $300,000.00
from Account No. 008-052-9575-9178 to an account to be established by the Director of
Finance.
Mr. Carder offered the following budget ordinance:
(#36208-012103) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 75.)
Mr. Carder moved the adoption of Ordinance No. 36208-012103. The motion was
seconded by Mr. Dowe.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N E., inquired as to the type of marketing
identity and approximately how much of the funds will be expended for this purpose.
Council Member Carder advised that progressive cities all across the country are
working on branding, marketing and identifying who and what they ara. He stated that
this represents an investment in Roanoke's economic future in order to attract new
business and tourists, to create additional revenue, and to reinvigorate the City with a
sense of community pride. He stated that branding is more than just an ad, it is internal
marketing; and Roanoke is a great "well kept secret" and the consultant will help
Roanoke to identify its branding, both internally and externally. He added that in these
days, cities ars competing in a world market to be recognized for not only quality of life,
but business and economic development, and Roanoke has to market itself as a
business and as a commodity. He stated that it is not about a logo, but the formulation
of a complete market analysis and branding that will differentiate Roanoke from others.
He explained that the Regional Alliance authorized funds to be used toward branding
efforts and this branding effort will go hand in hand with the regional effort.
432
Council Member Dowe advised that many of our own citizens view Roanoke as
a railroad town, and within the Comprehensive Plan, it is stated that Roanokers must
continue to "sell ourselves to each other". He stated that this is a time to not only
encourage Roanokers to believe in themselves, but to get the rest of the nation to take
us seriously, and the purpose is to see what the new Roanoke should look like and how
to get all citizens to buy in so that we can all sell the City of Roanoke.
The City Manager advised that branding, or the creation of an identity for the
region, is one ofthe cornerstones of the regional economic development strategy; and
all of the jurisdictions in the Roanoke Valley have endorsed the concept over the last
several months. She called attention to the importance of marketing a community
which actually sells the community and offers an opportunity for select people to know
about and visit Roanoke. She stated that a number of private sector individuals, as well
as participants in neighboring jurisdictions, participated in a panel that selected this
nationally known firm, and the City has been waiting for the results of the regional
economic development strategy before proceeding as a priority as identified by Council
at its last planning retreat. She advised that funds were appropriated by Council in
September 2002 through adoption of the Capital Maintenance and Equipment
Replacement Program budget and Council's action today will place the funds into the
appropriate account so as to authorize the contract.
Ordinance No. 36208-012103 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith 7.
NAYS: None
CITY A'I-FORNEY:
COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER: The City Attorney
submitted a written report transmitting a resolution expressing Council's intent with
regard to appointments to the Hotel Roanoke Conference Center Commission to
provide that one member will be a current member of City Council, one member will be
either the City Manager or another City employee, and one member will be a citizen at
large.
Mr. Dowe offered the following resolution:
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(#36209-0'12103) A RESOLUTION amending Resolution No. 30964-041392,
relating to the appointment of Commissioners to the Hotel Roanoke Conference Center
Commission.
(For full text of Resolution, see Resolution Book No. 67, page 76.)
Mr. Dowe moved the adoption of Resolution No. 36209-012103. The motion was
seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith ............................. 7.
NAYS: None .......... 0
CITY CLERK:
COMMITTEES-SCHOOLS: The City Clerk submitted a written report advising that
pursuant to Chapter 9, Education, Code of the City of Roanoke (1979), as amended,
establishing a procedure for the election of School Trustees, the terms of office of F. B.
Webster Day, Marsha W. Ellison and Gloria P. Manns will expire on June 30, 2003; and
Ms. Ellison is ineligible to serve another term inasmuch as she has served three
consecutive three year terms of office.
It was further advised that pursuant to Section 9-16 of the Code of the City of
Roanoke (1979), as amended, on or before February 15 of each year, Council shall
announce its intention to elect Trustees of the Roanoke City School Board for terms
commencing July 1 through (1) public announcement of such intention at two
consecutive regular sessions of the Council and (2) advertisement of such intentmon in
a newspaper of general circulation in the City twice a week for two consecutive weeks;
Section 9-17 of the City Code provides that applications must be filed in the City Clerk's
Office by March '10 of each year; application forms will be available in the City Clerk's
Office and may be obtained between the hours of 8:00 a.m., and 5:00 p.m., Monday
through Friday, or applicants may complete the application online at the City of
Roanoke's web page at www.roanokeqov, com; and information describing duties and
responsibilities of School Trustees will be available.
Without objection by Council, the Mayor advised that the report would be
received and filed.
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DIRECTOR OF FINANCE:
INSURANCE-BUDGET-RISK MANAGEMENT FUND: The Director of Finance
submitted a written report advising that Section 2-188.1 Reserve for self-insured
liabilities, Code of the City of Roanoke (1979), as amended, stipulates that at the
conclusion of each fiscal year, $250,000.00, to the extent available from any
undesignated General Fund balance at the end of such fiscal year, shall be reserved for
self-insured liabilities of the City; maximum balance of the reserve is three per cent of
total General Fund appropriations for the concluded fiscal year; and as such, on
June 30, 2002, $250,000.00 was reserved in the General Fund for self-insured liabilities.
The Director of Finance transmitted a budget ordinance appropriating
$250,000.00 reserved in the General Fund for self-insured liabilities to be transferred to
the Risk Management Fund where the remaining self-insured reserve exists; and the
budget ordinance also establishes a revenue estimate in the Risk Management Fund for
the transfer, increasing the Reserve for Self-Insured Liabilities.
Mr. Dowe offered the following budget ordinance:
(#36210-012103) AN ORDINANCE to amend and reordain certain sections of the
2602-2003 General and Risk Management Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 78.)
Mr. Dowe moved the adoption of Ordinance No. 36210-012103. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith 7.
NAYS: None
REPORTS OF COMMITTEES:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting the following appropriation of funds to various school accounts; and a
report of the Director of Finance recommending that Council concur in the request,
were before the body.
435
$8,250.00 for the Westem Virginia Regional Science Fair, which continuing
grant program is funded by participating school districts and corporate
and individual contributions, with a local match by the Roanoke City
Public Schools.
$5,000.00 for the Homeless Assistance program to provide instructional
services to homeless students, which continuing program is 100 per cent
reimbursed by Federal funds.
$15,000.00 for the FY2002-03 Chess program to fund chess materials and
tournament participation costs, which continuing grant program has
received a private donation.
The School Board further requested that Council approve appropriations which
were approved by the School Board at its meeting on May 14, 2002, in connection with
improvements to the Roanoke Academy for Mathematics and Science, advising that the
School Board withheld requesting Council's approval of the appropriations until the
land swap for the Kennedy Park property was approved by the Federal Government,
which occurred in 2002.
The requested appropriations are as follows:
$6,395,000.00 for improvements to the Roanoke Academy for Mathematics
and Science; improvements are funded with 1999 Bond funds, a Literary
Fund loan, and City capital funds; and $1,276,260.00 for improvements to
Roanoke Academy for Mathematics and Science through Qualified Zone
Academy Bond funds and will be used to purchase furniture and
equipment for the facility.
A report of the Director of Finance recommending that Council concur in the
requests was also before the body.
Mr. Cutler offered the following budget ordinance:
(#36211-012103) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Capital Projects, School and School Capital Projects Fund Appropriations,
and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 79.)
436 -
Mr. Cutler moved the adoption of Ordinance No. 36211-012103. The motion was
seconded by Mr. Dowe and adoptad by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith 7.
NAYS: None 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
CITY EMPLOYEES: Council Member Wyatt referred to the City's new overtime
policy which provides that if an employee is on annual leave and they are called back
to work on their day off, they are not paid overtime. She advised that it is her
understanding that since the policy was implemented, the City is having difficulty
finding employees who are willing to return to work; whereupon, she requested a status
report by the City Manager.
HEARING OF CITIZENS UPON PUBLIC MATI'ERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring referral
to the City Manager will be referred immediately for response, report and
recommendation to Council.
BUDGET-TOURISM-ECONOMIC DEVELOPMENT-CONSULTANTS REPORTS: Ms.
Evelyn D. Bethel, 35 Patton Avenue, N. E., presented a follow up question regarding
appropriation of funds for development of a marketing identity (agenda item 6.a.10.) and
inquired as to how much of the funding will be used for the marketing study.
The City Manager responded that a total amount of $300,000.00 has been
appropriated; however, the actual contract with the consultant is for a lesser amount.
POLICE DEPARTMENT-BUDGET-GRANTS: Theodore J. Edlich, III, Executive
Director, Total Action Against Poverty, expressed appreciation with regard to Council's
previous action (agenda item 6.a.3.) accepting a grant of funds from the Byrne Memorial
Formula Grant Program for Virginia CARES.
437
CITY MANAGERCOMMENTS:
CITY MANAGER-CITY EMPLOYEES: The City Manager introduced E. Gwin Ellis,
who assumed the position of Assistant to the City Manager, on Tuesday, January 21,
2003.
DOWNTOWN ROANOKE, INCORPORATED-PARKING FACILITIES: The City
Manager advised that Municipal Parking Garages are available for parking free of
charge on weekdays after 5:00 p.m., and on weekends, in order to promote the
availability of parking in downtown Roanoke.
At 2:50 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in the City Council's Conference Room for three briefings and two Closed
Meetings.
At 3:00 p.m., the Council meeting reconvened in the Council's Conference Room
for three briefings.
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS-ANNUAL REPORTS.
PENSIONS: The Director of Finance introduced a briefing on the fiscal year 2002
Comprehensive Annual Financial Report (CAFR). He advised that due to
implementation of the Government Accounting Standards Board Statement No. 34,
which was previously discussed with Council, and inasmuch as the Fiscal Year 2002
CAFR is significantly different from previous CAFRs, it is important to brief the
Members of Council on some of the changes.
Ann Shawver, Deputy Director of Finance, advised that governmental financial
reporting is promulgated by the Governmental Accounting Standards Board (GASB),
which sets the guidelines for State and local government financial reporting. She
advised that all localities are mandated by the State legislature, via the Auditor of Public
Accounts, to follow the guidance as set forth in GASB pronouncements; and with the
issuance of GASB 34, a major change in governmental financial reporting was
undertaken.
Ms. Shawver explained that the Comprehensive Annual Financial Report (CAFR)
uses include citizens, elected officials, members of the administration, rating agencies,
potential municipal bond investors and entities with whom the City does business;
various components of the CAFR provide information which is important to these users
based on their involvement with the City; and the CAFR meets requirements of State
and Federal grantor agencies. She noted that components of the CAFR include an
438
introductory statement, a financial section which includes basic financial statements
(management's discussion and analysis, government wide financial statements, fund
financial statements, notes to the financial statements, required supplementary
information, and a statistical section).
She commented that changes occurred to enable governments to publish a
financial report which includes all funds reported by the entity, using the same method
of accounting; and to more adequately provide information to assess whether the
financial position has improved or deteriorated as a result of the year's operations; and
current year revenues were sufficient to cover the cost of current year services.
It was noted that fund financials remain the comerstone of the financial
statements for govemmental entities and such statements are grouped as to major fund
type; i.e.: Governmental Funds, Proprietary Funds (Enterprise Funds and Internal
Service Funds), Fiduciary Funds and Agency Funds; included in the fund financials is
a General Fund budgetary comparison, a comparison between the final amended
budget and actual results of operations; with the new reporting model, the original
budget is also compared to the final amended budget; and the MD&A includes an
analysis of significant variances in these items.
Ms. Shawver advised that government wide statements include one of the
significant additions of GASB 34, prepared using the full accrual basis of accounting
for all funds, comprised of Statement of Net Assets and Statement of Activities, which
focus on the primary govemment as a whole, presents governmental and business-type
activities and the School Board Component Unit, and reconciliations between the fund
financial statements and the government-wide financial statements were added.
It was noted that infrastructure assets are immovable and considered to be of
value only to the government; examples of infrastructure include roads, bridges,
drainage systems, water and sewer systems and lighting systems; and previously, the
City was not required to record the value of infrastructure assets and GASB 34 entailed
the valuation and recording of infrastructure assets.
With regard to the Statement of Net Assets, she advised that a form of balance
sheet where assets are shown first, followed by liabilities and concluding with net
assets (assets less liabilities) is required, and net assets are assets less liabilities; in
the govemment-wide statements, these include all assets and liabilities of the City,
including all capital assets and outstanding debt; and the City's net asset balances
totaled $344.5 million and the School's net asset balances totaled $4.7 million at
June 30, 2002. She stated that the statement of activities measures the net revenue
(expense) of each of the government's functions; it is formatted to present expenditures
first before revenues since governments are created to provide needed services, and
not to maximize revenues; an offset of expenditures is shown to the extent that program
revenues are directly generated by various activities and the net cost of each
439
function/program results.
Ms. Shawver advised that the management's discussion and analysis portion
provides an analysis of the government's financial activities in a narrative format;
provides a description of capital asset acquisition and long-term debt issuance during
the year; and discusses significant variances between General Fund original and final
budgets and between budget and actual revenues and expenditures.
Ms. Shawver explained that as a result of the City's change in revenue
recognition criteria, an additional $166,000.00 in Emergency Medical Services fee
revenue was recognized ($166,000.00 of additional CMERP); an estimate of $750,000.00
was recorded for sales tax to be received from the State for June sales; and actual
revenue received exceeded the original estimate by this amount (Schools - $118,889.00
of additional CMERP).
With regard to the Pension Plan, which is a multi-employer, defined benefit plan
including the following participants: Roanoke, Roanoke Regional Airport, Roanoke
Valley Juvenile Detention Commission, and certain employees of the Roanoke Valley
Resource Authority and the Roanoke City School Board, she advised that Pension Plan
financial statements were also issued to comply with GASB 34 and historical rates of
return are:
Rate of Return Based On:
Fiscal year
Market Value
Actuarial Value
2002 (8.4%) 3.8%
2001 (3.6%) 8.7%
2000 4.2% 13.5%
1999 13.2% 16.6%
1998 20.5% 15.2%
440 -
She stated that Pension Plan financial results are:
Funded Status
- Funded status based on market
Value
FY02 FY01
100.0 % 114.1%
- Funded status based on actuarial
Value
109.5% 110.4%
Actuarial Contribution Rate
FY04 FY03
7.59% 5.89%
TRAFFIC-STREETS AND ALLEYS: Kenneth H. King, Traffic Engineer, presented
a briefing on plans to two-way Campbell Avenue traffic. He advised that the Outlook
Roanoke Plan in 1997 initiated discussion regarding the changing of Salem and
Campbell Avenues back to two-way operation, which was reaffirmed in the Update Plan
last year and called for the relaning of a section of Campbell Avenue between 2n" Street
and Williamson Road beck to two-way traffic. He stated that the goal is to make access
to the downtown area more direct, to make destinations more visible and easier to locate
for those persons who may not be familiar with downtown Roanoke, and to create a
more appealing and less confusing downtown for visitors. He explained that many cities
moved to one-way street operations many years ago when the downtowns were the
center of every aspect of vibrant city life. He advised that a downtown traffic task force,
in conjunction with Downtown Roanoke, Inc., involved for input the key stakeholders in
the downtown area which included businesses, the Farmers' Market area, Center in the
Square and Valley Metro. He stated that major issues for review was traffic volume and
operations, parking, loading and unloading zones for both trucks as well as buses,
Valley Metro operations and its impact on the pedestrian environment and in terms of
the railroad tracks on the other side of Williamson Road crossing Campbell Avenue. He
stated that traffic will reach its peak at 5:15 - 5:20 p.m.; staffwill be looking at Williamson
Road corridor operations; and an issue currently being raised is that the City will include
Shenandoah Avenue in its Williamson Road considerations - current and future
functions. He called attention to proposed plans to cut into the landscape that currently
exists along Williamson Road to create a left turn lane for persons to turn left on to
Campbell Avenue, and it is hoped to make some modifications to get left turn lanes onto
Campbell Avenue in the southbound direction, as well as a left turn lane on to Salem
Avenue in the north bound lane, and pavement width exists with detailed measurements
and good design.
441
Mr. King explained that approximately 40 persons attended the open house and
their key concerns centered around parking, immediate impacts, future implications,
parking maneuvers and the delay that could be created, loading and unloading zones,
the need for the City to be more aggressive with its enforcement efforts, pedestrian
safety, and reducing travel speeds.
He advised that the City Planning Commission was briefed on the proposal, and
he presented copy of a handout, including information on traffic time information, in
which it was noted that it currently takes approximately 1.5 minutes to travel from 2"d
Street to Williamson Road, however, and under the new proposal, it will take about three
minutes. He presented information identifying locations where parking spaces will be
eliminated and other locations for creation of additional parking spaces; the two taxi
spaces located on Campbell Avenue at the Valley Metro area are underutilized and can
be relocated, a 125 foot loading zone will be established across from the First Union
property which can be shortened to 65 feet in order to provide for three parking spaces,
and a motorcycle space has been identified by changing the direction of Market/Wall
Street. He called attention to nine spaces that will be restricted bytime of day (7:00 a.m -
9:00 a.m and 4:00 p.m. - 6:00 p.m.) which will increase the amount of right turn lane
storage so that motorists turning left will not hold up traffic. He presented information
on the configuration of lanes and advised that costs are expected to be in the range of
$160,000.00. $200,000.00, with detailed design work yet to be completed. He explained
that two-way traffic on Campbell Avenue will not occur before the opening of Salem
Avenue and completion of the Roanoke Times construction in late summer or early fall.
Council Member Wyatt expressed concern with regard to school buses
transporting students to Center in the Square where there is no place for the buses to
park, particularly if they are from schools located outside of the City of Roanoke. She
called attention to the need for a communication system between bus drivers and Center
in the Square personnel so that drivers will know when to pick up the students, and a
site for buses to park should be provided.
The Mayor requested a ride-along with Mr. King to review certain areas of the City
and to discuss why traffic moves slower in some areas of the City than others.
442
SEWERS AND STORM DRAINS-SPECIAL PERMITS-WATER RESOURCES: The
City Manager advised that Council was previously advised that the City of Roanoke,
along with other jurisdictions, are required to submit a permit application for stormwater
runoff by March 1, 2003; whereupon, she called upon Paul Truntich, Environmental
Administrator, to explain elements of the plan which will require action by Council on
Monday, February 3, 2003.
Mr. Truntich advised that a recently unfunded Federal mandate to address storm
water quality covers most municipalities in the Roanoke region, and other facilities
include Virginia Western Community College, Veterans Administration Hospital and the
Virginia Department of Transportation. He further advised that the registration statement
submitted to the Department of Environmental Quality is due on March 10, 2003, and
should assess current program capabilities, develop best management strategies,
develop funding strategies, prepare a permit application and submit the permit
application to the State Department of Environmental Quality; and implementation of all
programs are to occur within five years of permit issuance, or by fiscal year 2008.
He explained that permit requirements include best management practices,
structural and non-structural water quality controls, (bio-filters, sediment removal,
construction site, E and S controls, education program, stormwater brochure, and public
service announcements); and activities to prevent or reduce the pollution of surface
waters. He stated that a stormwater quality program is needed because polluted
stormwater runoff is conveyed through storm sewer systems and discharged
(untreated) into rivers and streams; common pollutants identified in stormwater runoff
include oil and grease, pesticides, sediment, and trash items such as bottles, paper
wrappers, cigarette butts, etc.; and when deposited into local waterways, the identified
pollutants can impair such waterways, including an impact on aquatic life and habitat
and recreational use is discouraged.
He noted that minimum control measures include public education and outreach
on stormwater impacts, public involvementJparticipation, illicit discharge detection and
elimination, construction site stormwater runoff, post construction stormwater
management in new development and redevelopment and pollution prevention/good
housekeeping for municipal operations. He advised that public education and outreach
on stormwater impacts will be administered by the Office of Communications through
3~ to 8t' grade education programs, stream school seminars, stormwater brochure, and
public service announcements on stormwatar quality; and public involvement and
participation will include a citizen work group, annual public meetings for review of
program accomplishments and a storm drain stenciling project.
443
Mr. Truntich noted that illicit discharge detection and elimination will involve a
storm sewer system map, stormwater ordinance prohibiting illegal discharges, an illicit
discharge detection and elimination program (program to identify and remove illegal
connections to the storm sewer system and illicit discharge/illegal dumping response
system for public reporting). With regard to construction site stormwater runoff, it was
noted that current City regulations are fully compliant with the program, identify erosion
and sediment control certifications and training, and sponsor an awards program for
exemplary erosion and sediment control compliance. He advised that post construction
stormwater management in new developmentJradevelopment will include a cost
construction water quality ordinance, stormwater design manual, stormwater quality
controls inspection and enforcement program for new development and redevelopment.
It was noted that pollution prevention/good housekeeping for municipal operations
include continuation of training and practices developed during Department of
Environmental Quality decree, development of spill prevention plans for City facilities,
continuation of household hazardous waste collections and credit for current storm
drain maintenance and street sweeping program.
It was explained that estimated annual program costs are: Fiscal year 2004 -
$190,061.00, fiscal year 2005 - $199,274.00, fiscal year 2006 - $219,296.00, fiscal year
2007 - $224,004.00 and fiscal year 2008 - $173,210.00; and average yearly cost to the City
with administrative costs is $201,200.00, with average per capita cost at $2.12 per year;
innovation in the pursuit of funds and regional cooperation may lessen some costs; and
the Environmental Protection Agency predicts costs of up to $7.83 per capita. It was
explained that the money will provide for minimum fulfillment of permit requirements,
administration of the program, education and public participation, a storm sewer outfall
map, an informational brochure on stormwater pollution, regional cooperation,
household hazardous waste collections and inspections of stormwater facilities.
Mr. Truntich advised that opportunities for regional cooperation include
stormwater quality education, parallel ordinances, future funding for a stormwater
program, a regional stormwater design manual, household hazardous waste collection
days, community ratings system (National Flood Insurance Program), an urban bio-filter
program (rain gardens), and storm drain system mapping. He noted that not included
in the program are capital improvement projects for the storm sewer system
infrastructure, and comprehensive storm sewer system maintenance and funding for
structural stormwater quality control implementation.
Mayor Smith and Vice-Mayor Harris left the meeting.
444
Being the senior Member of Council, Ms. Wyatt presided over the remainder of the
2:00 p.m. Council Session.
Council Member Wyatt inquired as to why the 3~ to 8t' grade education program
was selected, and advised that by the 3rd grade, students have an idea as to whether
they are going to be conservators of nature, and students in grades K-2 are much more
amenable to this type of education. She suggested that the City take into consideration
the Standards of Learning that teach such issues where teachers, students and parents
will buy into the process. She also suggested that the City provide a kit that can be used
in the teaching curriculum.
At 4:55 p.m., the Council meeting was declared in recess for two Closed
Sessions.
At 5:35 p.m., the Council meeting reconvened in the City Council Chamber, with
Council Member Linda F. Wyatt presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch
moved that each Member of City Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from open meeting requirements
under the Virginia Freedom of Information Act; and (2) only such public business
matters as were identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was seconded by Mr.
Carder and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Bestpitch, Carder and Wyatt 5.
NAYS: None----
(Mayor Smith and Vice-Mayor Han'is were absent.)
OATHS OF OFFICE.COMMITFEES-PENSiONS: Council MemberWyatt advised that
there is a vacancy on the Board of Trustees, City of Roanoke Pension Plan, created by
the resignation of William E. Skeen, and called for nominations to fill the vacancy.
Mr. Cutler placed in nomination the name of George F. Taylor.
There being no further nominations, Mr. Taylor was appointed as a member of the
Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2005, by the
following vote:
445
FOR MR. TAYLOR: Council Members Cutler, Dowe, Bestpitch, Carder and
Wyatt .......................................... 5.
(Mayor Smith and Vice-Mayor Harris were absent.)
At 5:40 p.m., Council Member Wyatt declared the meeting in recess until 7:00 p.m.,
in the City Council Chamber.
At 7:00 p.m., on Tuesday, January 21, 2003, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Smith presiding.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson
Harris, Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor Ralph K.
Smith ................................... 7.
ABSENT: None .......................................... -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Council Member Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGMENT: The Mayor advised that Shining Star Awards are
presented to those persons who go above and beyond the call of duty to be of service
to their fellow man and woman and to their community; whereupon, he advised that a
Shining Star Award is presented to the LifeNet Donor Memorial Foundation, Inc., of
Roanoke which donated $5,000.00 for site amenities and maintenance costs in
connection with the Roanoke River Greenway along Wiley Drive.
PUBLIC HEARINGS:
CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk and the Secretary to the City Planning
Commission having advertised a joint public hearing by Council and the City Planning
446
Commission for Tuesday, January 21, 2003, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on a proposal of the City of Roanoke to amend Sections 36.1-25,
36.1-206, 36.1-207, 36.1-227, and 36.1-228, Chapter 36.1, Zoning, Code of the City of
Roanoke (1979), as amended, providing for general service establishments and personal
service establishments in the C-2 and C.3 districts, and providing for regulations
pertaining to the location of tattoo parlors, or body piercing establishments, in the City
of Roanoke, and deleting the definition of "service establishments", the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, January 3, 2003, and Friday, January 10, 2003.
A report of R. Brian Townsend, Agent, City Planning Commission, advising that
currently there are six tattoo parlors and body piercing establishments operating in the
City of Roanoke, one being located in downtown, one in southeast, one along the
Franklin Road corridor, and three along the Williamson Road corridor; in response to a
citizen inquiry regarding an existing tattoo parlor in late 2001, staff was directed by City
Council and the City Manager to research and to recommend methods by which the
Zoning Ordinance could better address tattoo parlors and body piercing establishments
in the City; staff researched the regulation of tattoo parlors and body piercing
establishments in other localities in the Commonwealth of Virginia, and proposes two
alternative text amendments as a result of research and discussion; both alternative text
amendments define the terms "tattoo parlor" and "body piercing establishment" and
regulate each as a specific use; alternative one permits tattoo parlors and body piercing
establishments in the C-2, General Commercial District, and C-3, Central Business
District, by special exception; and alternative two regulates tattoo parlors and body
piercing establishments by allowing them in the C-2, General Commercial District, and
C-3, Central Business District, by special exception, only after meeting specified
dispersal requirements, was before Council and the City Planning Commission.
It was explained that with each alternative text amendment, tattoo parlors and
body piercing establishments would be permitted by special exception only in the City's
most intensive commercial districts, namely C-2, General Commercial District, and C-3,
Central Business District.
Alternative 1:
Application would be made to the Board of Zoning Appeals (BZA) for a special
exception use; special exception uses are typically reserved for those uses that have
elements that need to be assessed on a case-by-case basis depending on the location
and established criteria to evaluate impacts on adjoining property; the BZA is charged
447
with scrutinizing each application as to the proposed business and its compatibility with
the character of the surrounding neighborhood; the BZA can also impose conditions on
the special exception use as deemed necessary in the public's interest, such as a time
limit on the permit, limiting the hours of operation, or restrictions on signage; and
conditions pertaining to a tattoo parlor, or body piercing establishment, could also
include a prohibition of tattooing or piercing activity being visible from the exterior of the
building or the public right-of-way.
Alternative 2:
This alternative text amendment seeks to regulate tattoo parlors and body
piercing establishments as special exception uses with certain conditions, including
minimum distance requirements from residentially zoned districts, schools, churches,
parks, day care centers, and other tattoo parlors and body piercing establishments;
specifically, the text amendment permits tattoo parlors, or body piercing establishments,
only by special exception in the C-2, General Commercial District, and the C-3, Central
Business District, provided that the proposed location satisfies the following dispersal
requirements:
Not within 1,000 feet of any other tattoo parlor or body piercing
establishment; and
Not within 500 feet of a residentially zoned district, or a school, educational
institution, church, public park, playground, playfleld or day care center.
It was noted that staff believes it is in the best interest of the City to revise the
Zoning Ordinance to regulate tattoo parlors and body piercing establishments as special
exception uses, without provision for spatial dispersion; therefore, staff supports text
amendment Alternative one that would regulate tattoo parlors and body piercing
establishments as defined land uses permitted by special exception only in the C-2,
General Commercial District, and C-3, Central Business District; the text amendment will
adequately strengthen the City's ability to preserve the integrity of future land use and
the public welfare by scrutinizing such proposed uses on a case-by-case basis to
determine their appropriateness.
The Mayor advised that the public hearing was being held jointly by the Council
and the City Planning Commission; whereupon, he required if there were persons
present who would like to address both bodies. There being none, he declared the
public hearing closed.
448
Chairman Manetta inquired if there were questions and/or comments by City
Planning Commission members. There being none, the City Planning Commission
unanimously recommended that Council approve alternative text amendment number
one to regulate tattoo parlors and body piercing establishments by special exception in
the C-2 and C-3 districts.
Ms. Wyatt offered the following ordinance:
(#36212-012103) AN ORDINANCE amending §36.1-25, Definitions; §36.1-206,
Permitted uses; §36.1-207, Special exception uses; §36.1-227, Permitted uses; and
§36.1-228, Soecial exception uses, of Chapter 36.1, Zoning, of the Code of the City of
Roanoke (1979), as amended, providing for general service establishments and personal
service establishments in the C-2, General Commercial District, and the C-3, Central
Business District, and providing for regulations pertaining to the location of tattoo
parlors, or body piercing establishments, in the City of Roanoke; deleting the definition
of "service establishments" contained in §36.1-25; and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 82.)
Ms. Wyatt moved the adoption of Ordinance No. 36212-012103. The motion was
seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith ...... -7.
NAYS: None 0.
ZONING-ROANOKE CiViC CENTER-STADIUM: Pursuant to Resolution No. 25523
adopted by the Council on Monday, Apdl 6, 1981, the City Clerk and the Secretary to the
City Planning Commission having advertised a joint public hearing by Council and the
City Planning Commission for Tuesday, January 21, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in connection with a proposal of the City of
Roanoke, Mr. and Mre. Calvin W. Powers and Mr. and Mm. Theodore J. Sutton, to rezone
tracts of land, designated as Official Tax Nos. 3070301-3070310, inclusive, and 3070313 -
3070316, inclusive, 2041816 and 2041817, from LM, Light Manufacturing District, to C-3,
Central Business District, and to rezone Official Tax Nos. 3070501,3070318 and 3070321,
from C-2, General Commercial District, to C-3, Central Business District, subject to
certain conditions proffered by the petitioners, in connection with the City's
stadium/amphitheater project, the matter was before the body.
449
Legal advertisement of the public hearing was published in The Roanoke Times
on F. riday, January 3, 2003, and Friday, January 10, 2003.
R. Brian Townsend, Agent, City Planning Commission, advised that the petition
for rezoning is for the purpose of constructing a stadium/amphitheater; on May 17, 2001,
Council authorized the City Manager to negotiate and acquire properties in the area
north of the Roanoke Civic Center to serve as a location for construction of a municipal
stadium and amphitheater facility; the rezoning presently before Council to rezone with
conditions was filed on December 6, 2002; and the current petition differentiates itself
from the previous petition acted on by the Council in five ways; i.e.: (1) the property
shall be used only for a coliseum/stadium/exhibit hall, or similar facility or facilities; (2)
the provision of on-site parking shall include no less than 750 parking spaces, and shall
not exceed a minimum of 900 parking spaces; (3) there shall be no more than two points
of ingress to or egress from the property, limited to one point on Courtland Road, N. E.,
and one point on Carver Avenue, N. E.; (4) provision of landscaping consisting of
deciduous trees, evergreen trees, shrubs, perennials, grasses, ground covers and vines
shall be planted and maintained on at least 15 per cent of the total site area; and (5)
stadium field irrigation shall be supplemented by a rain water harvesting system which
shall reduce dependence on the public water supply and reduce storTnwater runoff. He
stated that the subject properties identified in the petition for rezoning include 18 City-
owned properties containing approximately 23.2 acres, and a .55 acre parcel of land
owned by Calvin and Mary Powers and Theodore and Judy Sutton; current zoning of 16
of the subject properties is LM, Light Manufacturing District, which does not permit a
stadium or amphitheater; the rezoning of 19 properties to C-3, Central Business District,
with conditions is requested; and coliseums, stadiums, exhibit halls, and similar facilities
are permitted uses in the C-3, Central Business District. It was explained that a proffer
will limit use of the property to one of 40 permitted uses; the proposed municipal
stadium and amphitheater facility will have approximately 8,000 seats in the stadium
configuration and a capacity of up to 16,000 persons in an outdoor concert amphitheater
configuration; given the nature of surrounding land uses, the impact on adjacent
properties is expected to be minimal; the proposed facility will combine a sports venue
with a concert entertainment amphitheater that should compliment renovations to the
existing Roanoke Civic Center and enhance additional development opportunities in the
surrounding area; from an urban design standpoint, the project will strengthen the link
between downtown Roanoke and the Williamson Road area; and the proposed
stadium/amphitheater facility would provide an infill project on underutilized land, thus
providing continuity and a destination between these two areas. It was advised that the
project has the potential to provide better pedestrian linkages between the areas;
Williamson Road is a linear commercial area that needs anchor points, and efforts have
been made to develop an anchor point by defining the gateway at Orange Avenue; and
use of the subject site in proximity to the Civic Center would also achieve a desired
grouping of complimentary entertainment facilities.
450
Mr. Townsend advised that the proposed development supports three strategic
initiatives in Vision 2001-2020, the City's Comprehensive Plan, and development of the
site as proposed is consistent with seven policies contained in the document. It was
explained that another proffer relates to an on-site stormwater management system,
including detention pond facilities and drains that have been developed to reduce
stormwater runoff impact from the site; the petitioner has proffered that the playing
field's irrigation system will be supplemented by a rain water harvesting system that
collects and stores stormwater runoff from a portion of the stadium's roof structure; and
a reduced dependence on the public water supply and the reduction of stormwater
runoff from the site are consistent with policies contained in the Comprehensive Plan.
It was noted that the C-3, Central Business District, zoning designation has no on-
site parking requirement, the petition has proffered that 750-900 parking spaces shall be
provided on the site; a pedestrian bridge over Orange Avenue proposed to the existing
Civic Center parking lot will provide a shared parking arrangement as necessary;
because of the close proximity of the site to downtown, shuffle has service to and from
downtown parking garages is viable; and on-site parking, existing Civic Center parking,
leased off-site parking, and has shuffles to City-owned downtown parking garages will
adequately serve the parking r. ccds of the proposed stadium/amphitheater facility, which
are consistent with policies contained in the City's Comprehensive Plan, including
limiting the amount of impervious surface to reduce water runoff, discouraging
excessive surface parking lots, and encouraging the sharing of pooled parking
resources. It was noted that another proffer provides that at least 15 per cent of the total
site area will be landscaped with deciduous and evergreen trees, shrubs, perennials,
etc., which is three times the minimum required by the Zoning Ordinance.
Mr. Townsend advised that given that the development of the property for a
municipal stadium and amphitheater facility will encourage economic development of
the area, provide a regional entertainment attraction near the downtown core, enhance
the quality of life, expand the region's cultural and recreational amenities, redevelop an
underutilized area, incorporate the concept of shared parking, and create a better linkage
between downtown and the Williamson Road area, the Planning Commission should
recommend approval of the request for razoning to C-3, Central Business District, with
proffered conditions; and City Council should approve the request after considering the
recommendation of the City Planning Commission.
Philip Schirmer, City Engineer, and Kenneth King, Transportation Division
Manager, presented a briefing on traffic and circulation analysis which was prepared as
a part of the proposed stadium/amphitheater project.
451
Mr. Schirmer advised that the stadium/amphitheater is a major project for the City
of Roanoke, with a capital value of $18 million; it is projected that the facility will be
completed and opened in late 2004 or early 2005; the project is a unique facility that
combines high school athletic fields with an entertainment venue and will provide a first
class venue for high school football and soccer; and it is an important project for not
only the City of Roanoke, but for the entire Roanoke Valley region. It was explained that
the proposed traffic plan will help link the stadium and the Civic Center with downtown
Roanoke and the many positive experiences that are available for visitors to downtown;
the traffic plan clearly supports both the spirit and letter of the City's Comprehensive
Plan Vision 2001-2020; and the plan contains certain innovative solutions with regard to
traffic and parking, stormwater management, landscaping, resource conservation, and
greenway connections. He stated that the project supports four strategic initiatives in
the Comprehensive Plan; i.e.: to encourage redevelopment of underutilized industrial
sites in the City, to encourage investment in critical amenities, to enhance natural
resources, and to develop an entertainment attraction for the City. He added that there
are more than 15 recommended policies and actions in the Comprehensive Plan that are
directly supported or impacted by the proposed project, which fall into three general
categories; i.e.: environmental and cultural/historic resources, economic development,
and infrastructure development.
Mr. King presented an overview of the traffic study, the uniqueness of this type of
facility and the process used to analyze traffic issues related to a facility of this type; i.e.:
the study approach, the traffic management plan, and results of a field test that was
conducted of the traffic management plan. He referred to Oreole Park which is located
within the center city area of the City of Baltimore and Raven Stadium, located to the
south of Oreole Park, which illustrates the joint functioning of the two facilities, the fact
that on-site parking is not expected or desired in this situation, and transit opportunities
and Shuffling appear to be the trend. He stated that it is expected to take 15-20 minutes
to exit a major event; and because attendees arrive and leave in close proximity to one
another, it changes how one looks at making infrastructure improvements. He presented
a map illustrating Roanoke's study area; i.e.: Hershberger Road to the north to
Williamson Road, the railroad tracks to the east, Elm Avenue and the southern boundary
of Elm Avenue interchange with 1-581, the northern boundary, the Hershberger Road
interchange area, the western boundary of 11~ Street, 10t~ Street, and to the eastem
boundary to Gus Nicks Boulevard, which was used in an effort to incorporate an area
large enough to pick up alternative routes, and is the strength of locating such facilities
within an urban setting. He reviewed a diagram of tuming movement counts,
observations related to certain events, meetings which were held and the gathering of
data in terms of mapping, etc., and traffic counts that were taken on a Friday evening
452
between 4:00 and 8:00 p.m., and on a Saturday afternoon which were performed at a
time when no events were taking place at the Roanoke Civic Center, in order to establish
background traffic upon which to generate traffic for the various types of scenarios of
events that might be held. He stated that trip generation was reviewed based on each
event, seven different scenarios were reviewed, major sellouts of one event versus other
normal operations of an event, normal operations at both facilities simultaneously, up
to and including a peak operation at both facilities simultaneously. He explained that
occupancy, which was established by the City's consultants who are experts in the field,
varies depending upon the event; a review of zip code data was conducted based on
various events that occurred in the past in an effort to identify the location of the major
portion of customers visiting the area which tends to vary; i.e.: a tractor pull will generate
attendance from a separate direction than a major concert; if the event is more local in
nature, attendance will be more dispersed off of Route 460 and certain points to the
south; if the event is more regional in nature, attendance will lean toward 1-81 and traffic
coming from the northern parts off of 1-581; therefore, in reviewing each of the different
scenarios, trip distributions were established throughout the network. He called
attention to a fixed amount of on-~ite parking which is the threshold at which traffic will
not become any worse because it has no where to go; and motorists will be routed to
other locations which could create traffic issues at these diverted locations, all of which
will be addressed. He referenced concems regarding Route 460, Orange Avenue, and
1-581, the busiest area of the City and the most accessible point of the City, which are
defined as two backbone corridors that carry a tremendous amount of traffic, and noted
that events at the civic center will peak at times that roadway traffic is not peaking; and
for a Friday evening event, Friday p.m. peak hours begin to dissipate as event traffic
comes on line; there are infrastructures to carry peak hour traffic demands, and the
infrastructure will be used during off peak hours, which is a wise use of the City's assets
and resources. He added that the key lies in communicating with motorists to let them
know when they are on 1-581 that the facility is full so that they do not become a part of
a traffic problem on Orange Avenue, by redirecting motorists to an appropriate exit and
to a parking deck, with parking attendants on site to inform them as to which shuttle bus
they will ride, and the location where they embarked through the use of color coded
signage. He called attention to the importance of clearing a corridor for shuttle buses,
to prevent traffic congestion through signal timing adjustments, assistance of on site
police officers and civic center/stadium staff, which will enable the buses to travel
through, drop off passengers and continue on. He stated that another communication
piece for events includes barricade signs, or temporary signs which are unique in
appearance that catch the attention of motorists, in order to guide motorists to the
appropriate parking deck and to the shuttle bus pickup point; detour signs will alert
other motorists that there are events taking place in the area and provide options to
avoid traffic, which can be accomplished by advising motorists on 1-581 to keep to the
left inside lane as they travel through 1-581, and can also be achieved in other parts of
the network. He stated that the roof of the Civic Center has been a vantage point through
453
which one can see things that cannot be seen on the ground; and Roanoke's police
officers are extremely capable in traffic management. He advised that shuttle bus
operations can turn 40 or 50 cars into 3 or 4 buses; and stressed the importance of all
City staff working from a published plan, or map, in terms of traffic management that
changes for every event relative to the number of shuttle buses used, parking decks to
be used, number of police officers per event, a pre-planning meeting prior to each event,
all traffic managers communicating on the same 800 megaherlz radio system, and
parking assistants stationed in the parking decks to guide patrons to shuffle bus pickup
locations. He stated that ticket sales will indicate the type of traff',c situation for each
event, and information can be forwarded to ticket holders containing the location of
shuffle buses, maps, etc.
Mr. King reviewed recommendations from the traffic study; i.e.: a pedestrian
bridge over Orange Avenue; dynamic message signs, which include signs that are seen
on trailers, in addition to some portable and some permanently mounted locations,
which have the capability of electronic operation; the parking lot can be shut down in an
organized manner; and surveillance cameras will be located at strategic locations to
provide feedback to a computer monitor. He discussed coordinated signal systems,
which is an important element of the plan; the City has a coordinated signal system in
the downtown area and there is a need to make greater utilization of the capability by
expanding the system along the Orange Avenue corridor, Williamson Road, and
Hershberger Road. He referred to implementation of a command center, which will likely
be located at the Civic Center, to house the necessary equipment; minor geometric
chahges at the Civic Center entrance; and removal of some of the islands that would
improve turning radiuses, etc. He stated that a highway advisory radio, which is a
system designed to receive audible messages through the radio regarding alternative
parking locations, or any other information that needs to be transmitted, could be
considered for future implementation. He added that also identified is streetscaping of
Wayne Street and Williamson Road to provide enhanced entry points and gateways,
which have been identified as ideas that should be included as a part of ongoing efforts
for streetscape master planning by the City.
Charles Anderson, Project Architect, reviewed site issues. He advised that the
site contains just over 20 acres bounded to the east by Courtland Avenue, to the south
by Carver Avenue, to the west by 1-581, and to the north by the City's Public Works
Service Facility; parking has been located toward the west and to the south of the
454
facility; the stadium is designed to seat 8,000 for football, 12,000 for an amphitheater
event, and a major amphitheater event has the ultimate capacity to seat 18,000; the
facility is designed with bermed construction to the east, concrete Hsers with mounted
chair seating, 5,000 seats on the east and 3,000 seats for football on the west; and the
west side encompasses most of the facilities associated with the amphitheater. He
stated that the stage is approximately 60 feet deep and 120 feet wide, in order to
accommodate sizable shows, and during football events, retractable seating would be
pulled out and actually placed on the stage to bring the capacity on the west side to
3,000; the facility is dished on the east side, or built up by about 15 feet, to create a berm;
and the dished effect helps to acoustically control some of the sound that will be
generated by the facility. He advised that in addition, the dished effect is a feature for
amphitheater events that allows one to go to the concessions and the restrooms,
particularly on the east side, and still be able to look into the venue while it is
functioning; dressing rooms will be designed for both sporting events, as well as for
visiting stare or guests that would be part of the amphitheater venue; the roof of the
stage house is about 60 feet above the stage to allow for lighting, for the hanging and
rigging of sound equipment, and for those kinds of things associated with amphitheater
events; and the press box is a unique design that is recessed under the taller roof of the
amphitheater, which uniquely slides into the rear of the facility, blends back and forms
a backdrop for amphitheater events. He stated that the site contains parking for about
850 care; the truck marehaling area, or the portion of the site where amphitheater events,
in particular, would be fed, occure on the back side of the amphitheater; a large ticketing
area is located to the south of the facility which is the primary ticketing location and is
intended to capture pedestrian traffic from those who park at the Civic Center, as well
as on-site parking; the pedestrian bridge across Orange Avenue is a ramped bridge
which is accessible on both ends for small vehicles that will be serving the stadium from
the Civic Center; a wet pond, associated with site conservation measures, will be part
of the storm drainage system, but will actually hold water at all times and will become
an aesthetic feature of the site. He explained that stormwater harvesting and capturing
water running off of the roof over the amphitheater to be used for irrigating not only the
field, but also some of the landscaped areas around the stadium, is being explored;
landscaping will be provided within stadium parking areas around the facility and on the
perimeter of the facility; bus drop off areas will be provided; private vehicle drop off
areas will be provided on Courtland Avenue; lighting on the site includes a series of
various types of fixtures given that there will be not only sporting events, but
amphitheater events that require a much lower level of lighting; lighting for pedestrian
pathways will be provided with 10-12 foot high fixtures in some areas, and up to four
larger poles that will be used for lighting of the football/soccer field.
455
Mr. Schirmer advised that the site is well suited for a bowl-shaped amphitheater
facility; therefore, the City is taking advantage of site topography. He referred to a
quality landscape plan in which the tree canopy on the site will be increased and more
than 16 per cent of the site will be landscaped; innovative ideas are being explored with
regard to stormwater management on the site, as well as a rain water harvesting system
for reuse of irrigation water. He advised that the site is well served by public utilities,
with adequate public water systems in Courtland and Carver Avenues and a receiving
sanitary sewer that runs through the site; the site is well served by pedestrian access
to ensure clear paths for pedestrians in order to separate pedestrians from traffic; and
the pedestrian bridge is part of the $18 million budget.
The Mayor reiterated that the public hearing was being conducted jointly I~y the
Council and the City Planning Commission; and inquired if there were persons present
who would like to speak in connection with the matter.
Mr. Michael Bailey, 7516 Deer Branch Road, N. W., Past President, Williamson
Road Area Business Association, and a member of the Board of Directors, advised that
his comments were not intended to be negative, nor were they intended to halt the
project, but to suggest improvements. He stated that there appears to be a "hurry up"
mentality which often leads to mistakes and omissions, and referred to the proposed
pedestrian bridge which is to cross over Orange Avenue, not Carver Avenue. He pointed
out that an elderly, or handicapped person, will be required to go down several long
series of slopping ramps and cross over Carver Avenue, which is a major entrance for
parking, and back up an even longer and steeper hill, all of which appears to be
unnecessary, impractical and dangerous. He advised that he has been told that the cost
to extend the bridge over Carver Avenue is approximately $230,000.00, and the City
Manager will not authorize any additional dollars over the fixed budget; however, he
proposed that it would be far better to make the necessary corrections now rather than
to tear down part of the bridge in the future. He stated that extending the crossway is
a good idea, and if the project is constructed cheaply, it will look and function in a cheap
manner. He added that the bridge design is short sighted, and should be revised
following additional study and consideration by City staff. He requested that an
improved pedestrian bridge be included as a proffer, or a commitment by the City, prior
to approval of the request for rezoning.
Mr. Gene McGuire, 6532 Tollwood Drive, S. W., Past President, Williamson Road
Area Business Association, and a Member of the Board of Directors, advised that the
traffic plan proposed by the City has many good elements, but the most important
problem pertains to that which is not included in the report, due in large measure to the
456
lack of involvement by citizens in the Williamson Road area. He stated that obtaining a
copy of the traffic plan was a difficult task; the traffic plan has not been presented to the
general public, or to the Williamson Road neighborhood for questions, discussion or
input, therefore, the process is flawed. He added that an example of what is not included
in the report is the absence of any consideration of access to the neighborhood by way
of Plantation Road which is a major road that parallels Williamson Road; and Plantation
Road provides a good entrance off of Orange Avenue by way of a four lane roadway that
curves gracefully up the hill and around the bend and bottlenecks down to two lanes for
about two blocks, then opens back up to a six lane avenue, which continues past
Thurston Avenue and is a direct connection to Courtland Avenue and the new stadium
project. He noted that use of Plantation Road would alleviate traffic gridlock at Orange
Avenue and Williamson Road, but more importantly, it would provide access for
neighborhood residents and customers of businesses in the neighborhood during peak
traffic times. He advised that City engineers indicated that this alternative had not been
considered for the stadium project, yet removal of the bottleneck is already in the City's
Thoroughfare Plan and listed as a high priority. He suggested that this alternative
should be moved up to an urgent and immediate priority as an obvious and important
infrastructure improvement that should be in place before the stadium is opened; since
the City already intends to do the work, the long term cost to the City would be zero; and
it is a matter of prioritizing and moving up the work schedule, which would help traffic
for stadium events, neighborhood residents, and neighborhood businesses. He stated
that approval of the zoning request should be contingent upon a proffer, or other legally
binc~ing commitment from the City, to correct this infrastructure problem and other traffic
problems before the stadium opens.
Mr. Warren Via, 6735 Milan Drive, S. W., member of the Board of Directors of the
Williamson Road Area Business Association, spoke on behalf of Wendy Jones,
President, who was unable to attend the meeting. He stated that he and Ms. Jones
support the stadium/amphitheater project, but his purpose in appearing before Council
was to voice his concerns in an effort to make the stadium project an even better p~oject,
and to point out another omission in the plan that impacts not only traffic and parking,
but the entire project, the neighborhood, and the prestige of the City of Roanoke and its
residents. He advised that the stadium as proposed would be virtually invisible from
Williamson Road, the main street of the City of Roanoke; on one end is a junkyard, on
the other is a storage junkyard, and the front of the stadium is not aesthetically pleasing,
therefore, the project calls for an entrance that will do it justice. He added that Wayne
Street needs to become a major entrance, or gateway, to the project and the gateway
shoUld make a statement about Roanoke and its stadium; as currently planned, the
stadium is to be located down a side street, hidden from traffic, and trying to locate the
457
stadium will be difficult and a detriment to the project in many ways. However, he added
that the stadium can become a focal point for exactly what Vision 2020 calls for -- the
stadium can be the center of a village square, or a pocket park combined with a fabulous
entrance to a great stadium; and the stadium can be the starting point for regrowth and
economic expansion. He called attention to a 1997 study that was prepared for the
Williamson Road community which called for future growth to be in two areas, and the
area under consideration, or the South End Development Plan, was mentioned. He
advised that now is the time to make a commitment to improvements that will ben=fit the
entire City, the street, the stadium, traffic flow, neighborhoods, businesses, etc., because
good design can be the difference between a poor project and a great stadium project.
He stated that Vision 2020 notes that good design is not optional, and quality of the
physical environment, attractive streets, buildings, parks, and open space has a direct
impact on Roanoke's economy and the sustainability of its neighborhoods; and the
community expects the highest level of excellence in building design.
Linda Plunkett, 37 Chadwick Drive, Troutville, Virginia, representing the
Williamson Road Area Business Association, expressed support of the stadium project,
and advised that there are numerous properties around the proposed stadium location
that should be purchased, given willing sellers and fair prices, which include business
properties with uses that would be incompatible with the proposed stadium, i.e.:
junkyards, storage lots, and abandoned buildings, etc. She called attention to the need
to include properties that would be critical in creating an attractive entrance to the
stadium, properties that would be helpful for vehicular or pedestrian access '.o the
stadium, for traffic problem reduction, for safety issues, for signage, lighting, sidewalks,
and/or other elements of the project. She advised that because of the critical need for
the stadium project, it is proposed that the City provide a "set aside fund" that would be
an integral part of the project as a proffer prior to approving the rezoning, to be initially
funded at the $1 million level.
Mr. Ben Burch, 923 Curtis Avenue, N. W., advised that it is difficult to believe that
the impact on adjacent properties will be minimal; for stadium events alone, the City
plans to spend upwards of $12,000.00 per event on traffic and parking control; and more
importantly, the issue is not just adjacent properties, but impacts on the neighborhood
as a whole. He stated that the City's Comprehensive Plan states that Roanoke's
neighborhoods are the building blocks of the City, and inquired if the Williamson Road
neighborhood has been consulted or involved since plans were finalized, or is City staff
more focused on possible impacts to downtown Roanoke instead of the stadium
neighborhood. He expressed agreement with the Comprehensive Plan that the '..,se of
excessive surface parking lots should be discouraged, but this does not mean that there
458
should be practicably no on-site parking; therefore, the real issue is how much parking
should there be versus the number of shuttle buses; and at what point will shuttle buses
become a turn off to visitors, which has not been discussed in the staff report. He added
that Vision 2020 also states that there should be a limited amount of impervious surfaces
to reduce water run off; and spoke in support of a study to provide as much parking as
possible at the stadium on permeable surfaces. He noted that the City's proffer calls for
15 per cent of the site area to be landscaped with plants and inquired as to how much
more than 15 per cent could be landscaped if the parking areas were permeable
surfaces. In summary, he advised that the City has a once in a lifetime opportunity;
therefore, he requested that the project be done right and that the request for rezoning
be denied to allow for more public participation.
Kevin Otto, Attorney, representing Farrell Properties, advised that his client is not
opposed to the project and wants to see a successful stadium project; however, his
client believes that there are major traffic and parking issues that should be addressed.
He stated that when the matter first came before the two bodies approximately one year
ago, the City promised that traffic and parking studies would be done, and that a plan
would be developed in order to address problems associated with the project. He noted
that-some members of City Council were very vocal at the May 20, 2002, meeting with
regard to the need to address these issues satisfactorily, yet the petition currently before
Council does not address any of those issues and Farrell Properties is concerned that
the City will develop a traffic plan, but has not committed the traffic plan as part of the
rezoning, and there is no written documentation obligating the City to abide by
statements made by City staffthis evening. Therefore, he advised that Farrell Properties
requests that the rezoning be denied in the absence of some type of commitment .by the
City to abide by the plan that has been presented by City staff this evening.
Bill Tanger, 3530 Franklin Road, S. W., advised that he supports the stadium
project if it is done properly. He recommended that the City Planning Commission deny
the petition for rezoning at this time because it is "substantially" the same petition as the
previous rezoning petition that was recently rejected by the court. He called attention
to substantial changes that should be made to the project and included as proffers, or
commitments by the City, which have been described by previous speakem. He advised
that his comments would focus primarily on the process used by the City for the project
which can be characterized as "govemment by stealth", or "hurry up before the
neighborhood, the business community or anyone else has a chance to look closely at
the project". He noted that access to the traffic plan has not been available until
recently, and the most important part of the traffic plan is that which has not been
addressed; and no public meetings have been held in reference to the traffic plan to
459
allow for questions and/or input by citizens and representatives of businesses in the
area. He called attention to the following issues that have not been fully addressed: the
Plantation Road improvement, the stadium entrance at Wayne Street, the pedestrian
bridge extension over Carver Avenue, widening of Williamson Road to Wayne St, eet, a
"set aside fund" for future acquisitions, vehicular occupancy rates, caps on the number
of access points at parking spaces, the number of on-site parking spaces needed for
stadium seats, and the number of on-site parking spaces needed versus buses, etc. He
stated that some of these issues should result in proffers for the project, and, in
summary, the project appears to be "forced fit" in an attempt to complete the project
cheaply, expeditiously and with little opportunity for the neighborhood to examine and
to critique the plans. He stated that taxpayers need to know the cost of doing the job
right the first time around, and asked that the process be slowed down to allow time for
review, critique and improvements. In summary, he advised that the project should be
a model worthy of a progressive City, and requested that the City Planning Commission
deny the petition for rezoning to allow time for further study and input by all
stakeholders.
Ms. Estelle McCadden, 2128 Mercer Avenue, N. W., expressed appreciation to
Farrell Properties for bringing the matter to the attention of the citizens of Roanok=. She
suggested that when photographs, charts, etc., are presented to the Council, they should
also be displayed in such a way that citizens can also view the documents. She advised
that it has been stated that the stadium/amphitheater will be unique, therefor, she
suggested that the facility be designed with a cover. She inquired about seating in the
stadium, which she has been told will be on only one side of the facility, and advised that
Roanoke's high school students do not want a stadium with seating on only one side.
She asked that the traffic question be carefully studied so that traffic does not back up
on 10t~ Street. She requested that the City proceed slowly, study all aspects of the
project, and construct a quality facility that all of Roanoke's citizens can be proud of.
Mr. Billy Bova, 2334 Idavere Road, S. W., advised that he was confident that the
Council and the City administration have addressed all pertinent and relevant issues
associated with constructing a stadium forthe City, the entire community and the region.
He spoke in support of a new stadium, and noted that he has been an advocate for
brown fields redevelopment in blighted areas within Roanoke's landlocked C?y for
years. He stated that he has visited numerous communities across America and seen
public stadiums and municipal facilities that were constructed in blighted areas and in
older industrial areas in the poorer regions of the communities, which have been
successful and helped to revitalize and rejuvenate those areas. He noted that the new
stadium will be a positive addition to Roanoke's municipal infrastructure, all of the
460
issues relating to parking questions will be addressed and resolved; and the stadium is
a positive addition to Roanoke's infrastructure. Therefore, he encouraged the City to
move forward with the project.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., expressed concern with regard to the
traffic plan, noise from the traffic in and around the stadium, and its impact on
surrounding neighborhoods. She agreed with previous speakers on the need for public
input and advised that the project should receive more study by the City before
proceeding; and other potential locations for a stadium/amphitheater should be
considered in lieu of the northwest area which seems to be targeted for many of the
City's projects.
Mr. Robert Gravely, 3360 Hershberger Road, N. W., advised that the people have
been left out of all of the studies prepared by City staff, and design concepts were not
planned with specific types of people and income levels in mind. He stated that the
average income level of Roanoke's citizens will make it difficult to support the facility;
events should be catered to young people because Roanoke's older population is not
anxious to attend events at the stadium/amphitheater, and Roanoke is not a sports-
minded town, nor is it an entertainment capital. He called attention to the need to study
various types of entertainment to be available following civic
center/stadium/amphitheater events; the need to provide events that will attact out of
town persons to the area that will generate more money for hotels and restaurants, and,
in turn, more tax dollars for the City. He stated that the $18 million allocated to the
project should be used to improve the City's unsatisfactory and aging infrastructure.
Mr. Duane Howard, 508 Walnut Avenue, S. W., called attention to the need for a
study of the noise level associated with events, such as a symphony concert, etc., and
aircraft flying over an amphitheater type venue can spoil the quality of events. He also
suggested that there be a certain amount of covered seating.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that no one is opposed to
the project, but citizens appear to be in agreement that there is a need to hold the project
in abeyance, improve the process, and provide citizens with an opportunity to review the
plans. She suggested that drawings/designs, etc., be displayed on the two screens in
the Council Chamber so that all citizens will have an opportunity to view presentations
at the same time they ars presented to Council. She expressed concern about the
greenway connection by way of Gainsboro which should be carefully reviewed in
anticipation of large crowds that could have an undesirable impact on the historic
Gainsboro neighborhood. She stated that the pedestrian bridge, if connected to the east
461
of the signs directing traffic to 1-581, could pose a problem because the signs would
either have to be relocated, or the bridge would have to be built elsewhere. She asked
that noise within the confines of the stadium and noise which will occur when people
exit the stadium be considered, and will there be sufficient police protection to address
foot traffic, along with protection for persons using the pedestrian bridge. Based on
comments presented by the previous speakers, she requested that the rezoning be
denied.
All speakers having been heard, the Mayor declared the public hearing closed.
With regard to a question pertaining to a gateway entrance at Wayne Street, the
City Engineer advised that the matter falls into a category of streetscape improvements,
and while streetscape improvements are not a part of the project, it could be reviewed
in the future as a suggestion that warrants additional discussion.
Also, with regard to the issue of streetscaping which was recommended for
further review in the traffic study, Mr. King advised that it is a complex issue since there
is currently limited right-of-way along Wayne Street, and many of the concepts under
review would include private property. He stated that substantial time is being spent at
the staff level by a streetscape master plan committee to review issues of public/private
partnerships relative to streetscaping, creating a sense of place, and looking at ways to
integrate the City's maintenance practices. He added that the City spends a good deal
of resources each year in maintenance activities, and if it were possible to focus those
resources to places of uniqueness and speciality, the City could see substantial gains
without new investment. He stated that as a part of what was included in the traffic
study recommendations, this is one of the areas that will be a part of the streetscape
master plan work, and there will be a need for public/private participation in order to
create the kind of entryway that citizens envision, the details of which will have to be
worked out as the project moves forward. He advised that Wayne Street could be
extended, but not without removal of existing properties, the area was not excluded from
the traffic study and it was not identified as a problem area.
Question was raised with regard to the noise impact, both outside and inside the
stadium facility; whereupon, Mr. Schirmer advised that an acoustics expert has stated
that the bowl shape of the stadium/amphitheater project will generally contain sound
from events within the bowl, and will also limit sound intruding into the area, particularly
with the higher berms and landscaping that will be included around the facility. With
reference to aircraft noise, he stated that he would confer with the City's acoustics
expert and provide the information to Council and to the City Planning Commission.
462
Following questions and/or comments by the City Planning Commission, the
Planning Commission voted unanimously to recommend approval of the petition for
rezoning.
Mr. Dowe offered the following ordinance:
(~36213-012103) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet Nos. 204 and 307, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicants, and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 86.)
Mr. Dowe moved the adoption of Ordinance No. 36213-012103. The motion was
seconded by Mr. Carder.
Council Member Carder called attention to the process for including citizen input,
which was a process that was inclusive and involved a tremendous amount of public
input. He referred to discussions on the traffic study and design; parking issues in the
C-3 district and the contention that there is not sufficient available parking on site, but
there is plenty of parking within a one mile radius; Roanoke is an urban environment,
and the facility will be serviced by shuffle buses. He sated that under the proposed
traffic plan, the City will manage the traffic, instead of the event controlling the traffic;
and~the Council and the City administration are dedicated to the task. Therefore, he
suggested that the project proceed as expeditiously as possible so that Roanoke's
school children will have a stadium that they can be proud of for sporting events, etc.,
and Roanoke will have a facility that all citizens will be proud of.
Council Member Dowe commended citizens for articulating their points of view,
opinions, ideas and concerns about safety issues, etc. He advised that it should be
noted that there was no major opposition expressed this evening, which says in a
profound way that there is, collectively, an agreement to start the project.
Council Member Bestpitch referred to a comment made by a previous speaker
with reference to the City Manager refusing to go over the $18 million to add additional
components to the project. He stated that Council made a decision some time ago to
spend not more than $18 million on the project at this time, therefore, if the City Manager
states that she cannot add additional items beyond the $18 million budget, she is acting
463
on the instruction of the Council. He advised that Council would like to have a better
ped.estrian walkway, a large and elaborate gateway, to purchase more property around
the area, to provide for more permeable surfaces, and to include covered seating, all of
which are good ideas, however, it is not possible to add these features to the project and
stay within the $18 million budget.
He stated that the good news is that tonight's decision and stadium plans as
presented do not preclude any of the above listed things from being developed and
added in at a later date as time and circumstances allow.
The Mayor spoke in support of proffering the traffic plan as a part of the rezoning
petition. He stated that he will support the rezoning, but more could be done to work
with those who oppose the rezoning. He expressed the hope that City staff will
immediately begin to address some of the issues that have been raised by speakers, at
least to the extent that the project is not delayed resulting in increased costs.
There being no further discussion, Ordinance No. 36213-012103 was adopted by
the following vote.
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder and Mayor
Smith ......................................... -7.
NAYS:
CITY MARKET-LEASES: Pursuant to Resolution No. 25523 adopted by the C~uncil
on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday,
January 21, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in
connection with a proposal of the City of Roanoke to award a contract for lease and
management of the Historic City Market Building, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, January 10, 2003.
The Mayor advised that the City Manager had requested that the public hearing
be continued until the regular meeting of Council on Tuesday, February 18, 2003, at
7:00 p.m., or as soon thereafter as the matter may be heard; however, since the public
hearing was legally advertised to be held on January 21, 2003, he inquired if there were
persons present who would like to be heard in connection with the matter.
464
Helen Butler, Chair, Downtown Roanoke, Inc., advised that Downtown Roanoke,
Inc., has jointly submitted a proposal with Ed Hall and Associates for managing the City
market Building. She highlighted three items to be kept in mind as Council deliberates
the merits of each proposal: (1) the Downtown Roanoke/Ed Hall proposal has the
support of the full Board of Directors of Downtown Roanoke, Inc.; (2) the management
staff for Downtown Roanoke is poised and capable of carrying off an excellent
management and partnership with Hall and Associates for the benefit of the City; and (3)
the experience in property management that Hall and Associates brings to the proposal
is excellent throughout the Roanoke Valley.
Stephen Lemon, Chair, Downtown Roanoke, Inc., assured Council and City staff
that the Board of Directors of Downtown Roanoke is firmly committed to the joint
proposal with Hall and Associates in regard to management of a critical City asset, and
should Council choose to honor Downtown Roanoke with its confidence to operate the
City Market building, Downtown Roanoke, Inc., will do its utmost to ensure sound
management and rehabilitation.
Without objection by Council, the Mayor advised that the public hearing would be
continued until the regular meeting of Council on Tuesday, February 18, 2003, at
7:00 p.m., or as soon thereafter as the matter may be heard.
ZONING-STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Tuesday, January 21, 2003, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the request of the Northwest Neighborhood Environmental Organization and
Robert Crowder to rezone nine tracts of land located on the south side of the 500 block
of Loudon Avenue, N. W., identified as Official Tax Nos. 2013101 - 2013109, inclusive,
from RM-2, Residential Multi-family, Medium Density District, to RM-3, Residential Multi-
family, High Density District, subject to certain conditions; and three tracts of land
located on the north side of the 500 block of Centre Avenue, N. W., identified as Official
Tax Nos. 2013117 - 2013119, inclusive, from LM, Light Manufacturing District, to RM-3,
Residential Multi-family, High Density District, subject to certain conditions proffered by
the petitioners, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, January 3, 2003, and Friday, January 10, 2003.
A report of the City Planning Commission advising that improvements to the
subject properties include a 5,360 square foot, one-story structure formerly used for
automobile repair and service (Tax Map No. 2013101), a boarded up converted duplex
465
(Tax Map No. 2013103), three boarded up single-family residential structures (Tax Map
Nos. 2013102, 2013106, and 2013107), an occupied single-family residential structure
(Tax Map No. 2013104) and a 1,500 square foot masonry structure formerly used for
automobile repair (Tax Map No. 2013117); and other parcels in the petition are vacant,
was before Council.
It was further advised that a Petition to Rezone was filed on November 7, 2002; the
Planning Commission heard the request on December 19, 2002, and recommended
approval, subject to the filing of An Amended Petition, to include one proffered condition
as agreed upon in the hearing; and the Amended Petition to Rezone was filed on
December 31, 2002, subject to the following condition proffered by the petitioner:
Development along Centre Avenue shall not be set back any further than
15 (fifteen) feet from the property line as it abuts the street.
It was further advised that the Northwest Neighborhood Environmental
Organization (NNEO) plans to develop "Fifth Street Gateway" on the subject properties,
providing 25 units of high density, affordable housing and a community center; NNEO
proposes to develop the 25 housing units by a combination of renovation/conversion,
inflll, and new construction; application of the RM-3, Residential Multifamily, High
Density District, to the subject properties is appropriate and consistent with the housing
and village center concepts discussed in Vision 2001-2020; the proposed development
could help to solidify the definition of a village center in the area; and the combination
of renovation, infill, and new construction is consistent with Vision 2001-2020 goals of
maintaining the viability of Roanoke's neighborhoods and revitalizing underutilized land
and underutilized neglected structures.
The City Planning Commission recommended that Council approve the request
for rezoning, as amended, advising that given the adjacent land uses and zoning
patterns and the underutilization of the properties, RM-3, Residential Multifamily, High
Density District, is an appropriate application.
Mr. Harris offered the following ordinance:
"AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 201, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City; and dispensing with the second reading of this
ordinance by title."
466 -
Mr. Harris moved the adoption of the ordinance. The motion was seconded by
Ms. Wyatt.
James Lesniak, Executive Director, Northwest Neighborhood Environmental
Organization, appeared before Council in support of the request. He advised that a
number of issues were raised at the City Planning Commission hearing insofar as a
business that faces the property across Center Avenue, which called for certain
redesign changes, one of which was the distance of the buildings from Center Avenue
and the lack of parking lots fronting on the streets. He stated that he has met with the
business owner of Quality Produce across Center Avenue and the project architect will
meet with the business owner to address his concerns so as to design a synergistic
project that will meet the needs of all parties. He explained that the project was planned
with other projects in mind, one of which was the expansion of St. Paul United Methodist
Church, as well as a future expansion of the Masons Lodge which will take place on
vacant lots owned by the lodge. He stated that the intent is to create as much synergy
as possible between all of the projects, in order to promote a $10-12 million development
that*responds to numerous needs of the community in three phases.
Michael Pace, Attorney, representing Quality Produce Company, advised that his
client supports improvement of the neighborhood in the area along Center Avenue and
5t~ Street, and does not oppose the request, but seeks additional assurances from the
applicant and from the City. He stated that Quality Produce has specific plans to expand
at that location and to grow its business, which involves a significant and expensive
investment to improve the existing facility by installing refrigeration units throughout
4000 square feet of space and hiring additional employees from the neighborhood and
the surrounding area. He explained that the property of Quality Produce is located in a
Light Manufacturing District, and current operation involves trucks cueing up along
Center Avenue at various times during the morning and in the afternoon to load and
unload, which is in full compliance with LM zoning regulations, and in full compliance
with the City's performance standards, noise ordinance and traffic regulations. He
advised that the proposed rezoning is across the street from Center Avenue, represents
high density close to the street, and the encouragement of on street parking by the
community plan in this particular project gives rise to inevitable conflict between Quality
Produce and new residents. He expressed concern that there may be complaints by new
residents that may cause the City to attempt to require Quality Product to somehow alter
its current lawful operations. He added that the sole interest of Quality Produce is to
continue to have the right to conduct its business in the LM District, and Quality Produce
requests assurance that it will be allowed to make a sizable investment to expand its
business at this location and asks specifically that: (1) the rezoning be conditioned by
467
voluntary proffer from the applicant for additional buffering and screening to make it
clear that there is space for buffering from noise and congestion related to operaiion of
Quality Produce at its current facility; (2) the applicant will recognize by the proffered
statement that the Quality Produce use is acknowledged and recognized and Quality
Produce should not be asked to alter its current operation; and (3) the City give written
assurance that it will not as a result of approval of the project and its implementation
cause Quality Produce to change its current operation.
Following discussion of the matter, it was the consensus of Council to continue
the public hearing until the next regular meeting of Council on Monday, February 3, 2003,
at 2:00 p.m., or as soon thereafer as the matter may be heard, in order to address
concerns raised by Quality Produce.
ZONING-STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Tuesday, January 21, 2003, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the request of the Northwest Neighborhood Environmental Organizati(,,1 that
all of the alley from 6th Street, N. W. to 5th Street N. W., in the block lying between
Loudon Avenue and Centre Avenue, beginning at the east side of 6th Street between lots
bearing Official Tax Nos. 2013101 and 2013115, and extending east to its intersection
with 5th Street, between lots bearing Official Tax Nos. 2013114 and 2013123, extending
north, and on the west extending along the east border of the lot bearing Official Tax No.
2013109 and on the east extending along the west border of lots bearing Official Tax
Nos. 2013114 -2013110, extending north to its intersection with Loudon Avenue, be
permanently vacated, discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, January 3, 2003, and Friday, January 10, 2003.
A report of the City Planning Commission advising that the petitioner, Northwest
Neighborhood Environmental Organization (NNEO), has filed a rezoning petition for
Official Tax Map Nos. 2013101, 2013102, 2013103, 2013104, 2013105, 2013106, 20;3107,
2013108, and 2013109, concurrently with this petition; combined, these two petitions
request what is needed for the petitioner to develop all but five parcels of a northwest
City block bounded by 5th Street to the east, 6th Street to the west, Loudon Avenue to the
north, and Centre Avenue to the south; the portion of the subject alley that runs east to
west is open to traffic, but is not paved; and the other portion of the alley that runs north
to south and connects to Loudon Avenue is not open to traffic, was before Council.
468
It was further advised that while the petitioner's request does not adhere to the
design principles regarding alleys stated in Vision 2001-2020, the rezoning request and
proposed use of the subject alley are consistent with several policies and actions stated
in the plan; and approval of the request will allow development of underutilized land in
one of the City's Rehabilitation Districts.
The City Planning Commission recommended that Council approve the request
to vacate, discontinue and close the subject alley, subject to certain conditions and does
not recommend that the petitioner be charged for the property since no public
inconvenience would result by vacation of the right-of-way.
The Mayor inquired if there were persons present who would like to speak in
connection with the matter; whereupon, no person expressed a desire to be heard.
Inasmuch as the previous request of the NNEO for rezoning was continued until
the regular meeting of Council on Monday, February 3, 2003, at 2:00 p.m., or as soon
thereafter as the matter may be heard, in order to address concerns raised by Quality
Produce, the Mayor advised that without objection by Council, the matter presently on
the floor would also be continued until the regular meeting of Council on Monday,
February 3, 2003, at 2:00 p.m.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 21,
2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of
David J. Ostrom, Jr., to rezone a portion of land located at 1033 Pocahontas Avenue, N.
E., described as Lot 27, Section 1, Fairmont Corp., Official Tax No. 3042118, from RM-1,
Residential Multi-family, Low Density District, to LM, Light Manufacturing District, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, January 3, 2003, and Friday, January 10, 2003.
A report of the City Planning Commission advising that the subject parcel is
approximately 6,800 square feet and is situated on the corner of Pocahontas Avenue and
11th Street N. E.; a 900 square foot, one-story masonry structure is situated on the
southern portion of the property and fronts on 11th Street; the parcel of land has been
previously used commercially and has no history of being utilized for any residential
purpose; the petitioner plans to use the property for the storage of inventory for the
petitioner's electrical contracting business; employees of the petitioner's business will
meet at the property, pick up inventory, and go to the job site; and there will be no office
at the property, was before Council.
469
The City Planning Commission recommended that Council approve the request,
advising that given the surrounding land use pattern, the permitted uses of the LM, Light
Manufacturing District, are appropriate uses for the subject property.
Mr. Carder offered the following ordinance:
(#36214-012103) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 304, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City; and dispensing with the second reading of this
ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 88.)
Mr. Carder moved the adoption of Ordinance No. 36214-012103. The motion was
seconded by Mr. Dowe.
The Mayor inquired if there were persons present who would like to be heard in
connection with the matter. There being none, he declared the public hearing closed.
There being no questions and/or comments by the Members of Council,
Ordinance No. 36214-012103 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith ................................................... 7.
NAYS: None ............................................................ --0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Mqnday,
April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 21,
2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of
Robert and Sandy P. Monsour to rezone a tract of land consisting of 0.36-acre, located
at the intersection of Plantation Road and Liberty Road, N. E., identified as Official Tax
No. 3130805, from RM-1, Residential Multi-family, Low Density District, to CN,
Neighborhood Commercial District, subject to certain conditions proffered by the
petitioners, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, January 3, 2003, and Friday, January 10, 2003.
470
A report of the City Planning Commission advising that the petitioner proposes
to construct a 3,720 square foot building on the property as proffered by a site plan; a
user for the building has not been identified; although not specifically identified in Vision
2001-2020 as a village center, the location of the property is consistent with the concept
of a neighborhood village center; in accordance with Vision 2001-2020, village centers
vary in size based on the scale of buildings and the customer base served; and with its
location at a key intersection and proximity to residential neighborhoods, the subject
property is in an ideal location for a small neighborhood village center, was before
Council.
The City Planning Commission recommended that Council approve the request
for rezoning, as amended by revised proffer, given the proffered site plan's consistency
with Vision 2001-2020 in the placement of the building close to the street and the location
of off-street parking to the rear of the building, consistency of the location with the
village center concept, and higher intensity uses in terms of traffic volume that have
been excluded by proffer.
Mr. Dowe offered the following ordinance:
(#36215-012103) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 313, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to certain conditions proffered by the
applicants; and dispensing with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 90.)
Mr. Dowe moved the adoption of Ordinance No. 36215-012103. The motion was
seconded by Mr. Carder.
Mary Ellen F. Goodlatte, Attomey, appeared before Council in support'of the
request of her client.
The Mayor inquired if there were persons present who would like to speak in
connection with the matter; whereupon, Ms. Joyce Oliver, 521 Liberty Road, N. E., spoke
in opposition to the rezoning. She advised that she has lived next door to the property
for approximately 30 years and rezoning will adversely impact traffic in an area that
currently has a tremendous volume of traffic.
471
No other persons wishing to be heard, the Mayor declared the public hearing
closed.
There being no questions and/or comments by the Members of Council,
Ordinance No. 36215-012103 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder,
and Mayor Smith ................................... 7.
NAYS: None ............................................... --0.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 198'1, the City Clerk having advertised a public hearing for Tuesday,
January 21, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of Kristi Parr that an alley intersecting with Mississippi Avenue, N. E., and
between Official Tax Nos. 3130429 and 3130428, be permanently vacated, discontinued
and closed, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, January 3, 2003, and Friday, January 10, 2003.
A report of the City Planning Commission advising that the property, Official Tax
No. 3130429, is zoned RM-1, Residential Multi-family Low Density District, as are all of
the surrounding properties; the surrounding properties are all of a single-family
residential use; and the requested closure will have no impact on traffic and the
additional land will not enable the petitioner to further develop the property, was before
Council.
The City Planning Commission recommended that Council approve of the
request to vacate, discontinue and close the subject alley, subject to certain conditions
and does not recommend that the petitioner be charged for this parcel of land.
Mr. Carder offered the following ordinance:
(~f-36216-012103) AN ORDINANCE permanently vacating, discontinuing and closing
certain public rights-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter; and dispensing with the second reading of this ordinance bytitle.
(For full text of Ordinance, see Ordinance Book No. 67, page 91 .)
472 -
Mr. Carder moved the adoption of Ordinance No. 36216-012103. The motion was
seconded by Mr. Dowe.
The Mayor inquired if there were persons present who would like to speak in
connection with the matter. There being none, he declared the public hearing closed.
There being no questions and/or comments by the Members of Council,
Ordinance No. 36216-012103 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder and
Mayor Smith 7.
NAYS: None 0.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted bythe Council
on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday,
January 21,2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of St. Paul United Methodist Church, Board of Trustees, that a portion of
Moorman Road, N. W., be barricaded at its intersection with Fifth Street, N. W., the matter
was~before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, January 3, 2003, and Friday, January 10, 2003.
A report of the City Planning Commission advising that the petitioner has long-
term plans to develop a community center and amphitheater on the western side of its
property on Moorman Road; at present, the petitioner is building additions to St. Paul
United Methodist Church on the southern and western sides; and the petitioner
contends that the proposed request will increase pedestrian safety and protect its
building from vehicular damage, was before Council.
The City Planning Commission recommended that Council approve the request
to barricade Moorman Road at its intersection with 5th Street, N.W., on a temporary basis
for a specified time period of one year from the date of adoption of the ordinance; the
one-year period will allow staffto evaluate the impact of the barricade before considering
a permanent closure or vacation of the Hght-of-way; and the time period should be
sufficient for the petitioner to complete construction work currently underway (with the
benefit of less traffic), and take the necessary steps to acquire the properties needed to
file a petition to vacate this section of Moorman Road.
473
Mr. Carder offered the following ordinance:
(#36217-012103) AN ORDINANCE authorizing the alteration and closing by
barricade of certain public right-of-way in the City of Roanoke, Virginia, as are more
particularly described hereinafter, and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 94.)
Mr. Carder moved the adoption of Ordinance No. 36217-012103. The motion was
seconded by Mr. Dowe.
The Mayor inquired if there were persons present who would like to speak in
connection with the matter. There being none, the Mayor declared the public hearing
closed.
There being no questions and/or comments by the Members of Council,
Ordinance No. 36217-012103 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith ........................... 7.
NAYS: None ..........................................
NEIGHBORHOOD ORGANIZATIONS-COMMUNITY PLANNING: Pursuant to
Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Tuesday, January 21, 2003, at 7:00 p.m., or as
soon thereafter as the matter may be heard, with regard tO amendment to Vision 2001-
2020, the City's Comprehensive Plan, to include the Old Southwest and Belmont
Neighborhood Plans, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, January 3, 2003, and Friday, January 10, 2003.
A report of the City Planning Commission recommending the Old Soufhwest
Neighborhood Plan, with minor and grammatical changes as noted at the public hearing,
for adoption as an element of Vision 2001-2020, the City's Comprehensive Plan, was
before Council.
474 -
Ms. Wyatt offered the following ordinance:
(#36218-012103) AN ORDINANCE approving the Old Southwest Neighborhood
Plan, and amending Vision 2001-2020., the City's Comprehensive Plan, to include the Old
Southwest Neighborhood Plan; and dispensing with the second reading of this
ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 95.)
Ms. Wyatt moved the adoption of Ordinance No. 36218-012103. The motion was
seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like to speak in
connection with either of the neighborhood plans; whereupon Mr. Robert N. Richert, 415
Allison, S. W., appeared before Council in support of the Old Southwest Neighborhood
Plan.
There being no further speakere, the Mayor declared the public hearing closed.
There being no questions and/or comments by the Membere of Council,
Ordinance No. 36218-012103 was adopted by the following vote:
AYES: Council Membere Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder,
and Mayor Smith _ m 7.
NAYS: None
A report of the City Planning Commission recommending that Council adopt the
Belmont-Fallon Neighborhood Plan as a component of the City's Comprehensive Plan,
was also before Council.
Mr. Dowe offered the following ordinance:
(#36219-012103) AN ORDINANCE approving the Belmont Neighborhood Plan, and
amending Vision 2001-2020, the City's Comprehensive Plan, to include the Belmont
Neighborhood Plan; and dispensing with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 97.)
475
Mr. Dowe moved the adoption of Ordinance No. 36219-012103. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder,
and Mayor Smith ..................................... 7.
NAYS: None ............................................... .-0.
BUDGET-WATER RESOURCES: Pursuant to action bythe Council, the City Clerk
having advertised a public hearing for Tuesday, January 21, 2003, at 7:00 p.m., or as
soon thereafter as the matter may be heard, with regard to a proposal to change the
structure of City water rates and related charges for services which will result in
increases in certain rates and related charges, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Tuesday, December 31, 2002, and Tuesday, January 7, 2003.
The City Manager submitted a communication advising that discussions between
the City of Roanoke and Roanoke County continue with regard to formation of a regional
water authority; however, as has been stated previously, even with the formation of a
water authority, the current points of interconnection between the two distribution
systems limit the amount of water that can be transferred; and costs associated with
making new interconnections are significant and cannot be supported under the current
water rate structure.
It was further advised that purchase of water from the City of Salem and Roanoke
County to offset drought conditions has significantly depleted Water Enterprise Fund
cash reserves; these reserves are typically used to fund capital improvement projects;
in addition, increased funding for infrastructure replacement within the City's water
distribution system is needed, which includes additional fire hydrants and replacement
and automation of water meters, as well as replacement of water mains; a water rate
increase is needed to meet funding requirements; and staff from the Departments of
Utilities and Finance have developed the following recommended rate increase:
A 35 per cent increase to both tiers of the current water rates from $1.21 to
=. $1.63 per hundred cubic feet (HCF) for tier one and from $1.33 to $1.80 per
HCF for tier two, which includes irrigation rates;
476 -
An increase of approximately ten per cent in the minimum charge from
$2.95 to $3.25 per month for 5/8 inch meters; and
A downward adjustment in the tier breakpoint for commercial and
industrial meter classes. The proposed tier breakpoints are 100 HCF for
commercial down from the current 1,000 HCF and 500 HCF for industrial
down from the current 5,060 HCF.
It was noted that no change in the residential tier, currently ten HCF, is
recommended; recommended rate changes are expected to generate between $2.4 and
$3.1 million in revenue annually; rate increases are recommended for implementation on
March 1, 2003; based on this implementation date, additional revenue of $800,000.00 is
expected for fiscal year 2003, and $500,000.00 of this amount is requested for
appropriation at this time to fund additional well supplements at Crystal Spring.
The City Manager recommended that Council approve the revised utility rates as
above referenced, and increase revenue estimates for fiscal year 2003 by $500,000:00 as
follows: (1) Commercial - $189,571.00, (2) Industrial - $24,408.00, (3) Domestic -
$286,021.00; and appropriate $500,000.00 to Account No. 002-530-8408-9003.
Mr. Dowe offered the following budget ordinance:
(~36220-012103) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Water Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 98.)
Mr. Dowe moved the adoption of Ordinance No. 36220-012103. The motion was
seconded by Mr. Carder.
The Major inquired if there were persons present who would like to speak in
connection with the matter; whereupon, the following persons were recognized.
Ms. Janet Holton, 11 Nancy Circle, N.W., advised that citizens do not mind
restricting the use of water in order to keep the rates down; however, she stated that a
35 per cent increase is too much at one time.
477
Ms. Estelle McCadden, 2828 Mercer Avenue, N. W., expressed concern with regard
to a 35 per cent increase in rates. She stated that the problem started long before 1985
and should have been addressed by previous Councils and City administrations so as
to avoid a 35 per cent increase at one time. She noted that the average citizen cannot
afford a 35 per cent increase.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., spoke on behalf of senior citizens
who live on a fixed income who understand the need for an increase in water rates, but
a 35 per cent increase is unacceptable. She advised that timing is bad when senior
citizens are forced to pay large utility bills because of severe winter weather conditions.
She asked that Council look at the overall picture and not enact such a large increase
at one time.
Mr. Robert Gravely, 3360 Hershberger Road, N. W., spoke against an increase of
35 per cent in water rates, particularly as it relates to poor and elderly citizens.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that a 35 per cent increase
is proposed in one of the basic necessities that all citizens need. She expressed
concern for the plight of senior citizens living on fixed incomes; and advised that citizens
are not rallying against a water rate increase because they understand the reality of
expenses, but citizens believe that water rates should be passed on in gradual increases.
She stated that City Council is increasing the cost because previous City Councils
refused to increase the rate years ago, which is not fair to the present Council or to the
citizens of Roanoke.
Mr. John McGonigal, 706 Montrose Avenue, S. E., spoke on behalf of the Belmont
Neighborhood Association. He advised that the need for a water rate increase is
understood, but citizens are concerned with the amount of the increase. He stated that
the increase could affect not only senior citizens on a fixed income, but also young
families struggling with children who face the ever increasing rates on other utilities and
expenses. He noted that the Belmont Neighborhood Association stands with other
neighborhoods against such an excessive increase, and asked that if Council must
vote for such a large increase that it continue to work with Roanoke County to create a
regional water authority to spread the cost between both localities in order to ensure a
water supply for years to come.
There being no further speakers, the Mayor declared the public hearing closed.
478 -
Council Member Dowe encouraged consideration of monthly water bills so that
increases will not appear to be so large.
Council Member Bestpitch advised that Council is committed to moving forward
with the regional water authority, but signing the agreement will not provide increased
water without making needed investments in the infrastructure. He stated that the
Finance Best Practices Task Force has discussed the issue of a budget plan for water
customers who would like to receive a projection for water usage and budget X amount
of dollars per month spread out over 12 payments, in lieu of four larger payments.
Council Member Wyatt advised that the reality of a water authority is, because the
City's water rates have been so Iow and continue to be Iow and Roanoke County's water
rates are so much higher, if and when the localities enter into a water authority, City
rates will increase, therefore, a water authority will not save money, but will offer the
assurance of water for the citizens of Roanoke.
Ordinance No. 36220-012103 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith 7.
NAYS: None .-0.
Mr. Carder offered the following ordinance:
(#36221-012103) AN ORDINANCE changing the rate structure and establishing a
revised rate schedule for certain rates for water provided by the City effective March 1,
2003; directing amendment of the Fee Compendium; and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 99.)
Mr. Carder moved the adoption of Ordinance No. 36221-012103. The motion was
seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith -7.
NAYS: Nones--
479
PURCHASE/SALE OF PROPERTY-CITY PROPERTY: Pursuant to action by
Council, the City Clerk having advertised a public hearing for Tuesday, January 21,2003,
at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to a proposal
of the City of Roanoke to convey surplus property located at the intersection of
Gainsboro Road and Gilmer Avenue, N. W., identified as Official Tax No. 2011718, to the
nearby property owner; and to convey surplus property located at the intersection of
Gainsboro Road and Harrison Avenue, N. W., described as Official Tax Nos. 2021788 and
2021789, to adjacent property owners residing at 101 Harrison Avenue, N. W., the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, January 10, 2003.
The City Manager submitted a communication advising that the parcels of land are
located on Gainsboro Road, N. W., at the intersections of Gainsboro Road and Gilmer
Avenue and at Gainsboro Road and Harrison Avenue and were acquired by the City in
1994 and 1995, respectively, as part of the right-of-way for the Second Street/Gainsboro
Road Project; construction has been completed, leaving small residual parcels; and the
property is no longer needed by the City and may be disposed of as surplus property in
exchange for the grantee agreeing to maintain the property in perpetuity.
It was further advised that the City would be relieved of the cost of continued
maintenance of the property; conveyance of the property to the adjacent property
owners will also return the property to the tax base; Official Tax No. 2011718 is adjoined
by two vacant parcels owned by Mary W. Cabbler, which are located next to property
identified as 125 Gilmer Avenue, N. W.; and adjacent owners of Official Tax Nos.
2021788 and 2021789 are Francis and Karon Jeffries at 101 Harrison Avenue, N. W., ail
of whom have agreed to accept the property.
The City Manager recommended, following the public hearing, that she be
authorized to execute the appropriate documents to convey the above referenced
property to the adjacent property owners, said documents to be approved as to form by
the City Attorney.
Mr. Carder offered the following ordinance:
"AN ORDINANCE authorizing the City Manager to execute agreements, deeds and
related and necessary documents providing for the conveyance of City-owned property
located at the intersections of Gainsboro and Gilmer Road and at Gainsboro and
480
Harrison Road, and being identified as Official Tax Nos. 2011718, 2021788 and 2021789,
to adjacent and nearby property owners, upon certain terms and conditions, and
dispensing with the second reading of this ordinance."
Mr. Carder moved the adoption of the ordinance. The motion was seconded by
Mr. Dowe.
The Mayor inquired if there were persons present who would like to sp~.ak in
connection with the matter. There being none, he declared the public hearing closed.
Mr. Bestpitch offered a substitute motion that the ordinance be tabled until a
previous question is addressed with regard to placing restrictions on the deed to
property located at the intersection of Gainsboro Road and Gilmer Avenue, as to the type
of grading to be permitted on the site. The motion was seconded by Mr. Cutler and
unanimously adopted.
SEWERS AND STORM DRAINS-EASEMENTS: Pursuant to action by Council, the
City Clerk having advertised a public hearing for Tuesday, January 21,2003, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, with regard to a proposal of the City
of Roanoke to vacate sewer/drainage easements on Wildwood Road, S. W., the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, January 10, 2003.
The City Manager submitted a communication advising that June W. Camper,
owner of property located on Wildwood Road, S. W., identified as Official Tax No.
1070605, has requested that the City vacate portions of the sanitary sewer and drainage
easements that interfere with development of the parcel; Robert H. Kulp, Jr., and G.
Baker Ellett, contract purchasers of the property propose to relocate existing utilities and
easements and are willing to dedicate to the City alternate easements for the new
alignment; plats have been reviewed by and are acceptable to the City Engineer; the
owner of an adjacent parcel of land described as Lot 3A, June W. Camper, has agreed
to dedicate the proposed easement on the parcel; and the existing easement on Lot lA
is not being vacated.
481
Following the public hearing, the City Manager recommended that she be
authorized to execute the appropriate documents vacating the existing easements and
accepting the new easements; and purchasers of the property will be responsible for
preparation of all necessary documents, to be approved as to form by the City Attorney,
and for all expenses associated with relocating any existing utilities.
Mr. Carder offered the following ordinance:
(#36222-012103) AN ORDINANCE authorizing the vacation and relocation of a
portion of a sanitary sewer and drainage easement across Tax Map No. 1070605, located
on Wildwood Road, S. W., and across a portion of the adjoining parcel identified as
Official Tax No. 1070603, authorizing the acceptance and dedication of a new sanitary
sewer and drainage easement across a portion of the same properties, upon certain
terms and conditions, and dispensing with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 102.)
Mr. Carder moved the adoption of Ordinance No. 36222-012103. The motion was
seconded by Mr. Dowe.
The Mayor inquired if there were persons present who would like to speak in
connection with the matter. There being none, he declared the public hearing closed.
There being no questions and/or comments by the Members of Council,
Ordinance No. 36222-012103 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder,
and Mayor Smith ....................................................... 7.
NAYS: None ............................................ ---0.
CITY PROPERTY-LEASES-SCHOOLS: Pursuant to action by the Council, the City
Clerk having advertised a public hearing for Tuesday, January 21, 2003, at 7:00 p.m., or
as soon thereafter as the matter may be heard, with regard to a proposal of the City of
Roanoke to authorize extension of a lease, entered into by the City of Roanoke a,td the
Roanoke City School Board, of a portion of City-owned property, known as the Jefferson
High School Gymnasium, located at 540 Church Avenue, S. W., identified as Official Tax
No. 1113414, to the Young Men's Christian Association of Roanoke, Virginia, for a period
of six months, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, January 3, 2003, and Friday, January 10, 2003.
The City Manager submitted a communication advising that the Young Men's
Christian Association (YMCA) of Roanoke, Virginia, currently leases the Jefferson High
School Gymnasium from the School Board for the City of Roanoke; the current lease
482
agreement which was a three party agreement among the City of Roanoke, the School
Board for the City of Roanoke and the YMCA expired on January 18, 2003; and the YMCA
is interested in continuing its use of the space and has notified the School Board of its
intention to negotiate a new lease of the property.
It was further advised that as a condition of the current lease agreement, the
School Board acts as Lessor, until such time as the facility is no longer dedicated for
school purposes and the City of Roanoke then becomes Lessor; it is anticipated that the
School Board will approve the lease extension at its January 14, 2003, meeting and will
provide notice to the City that it no longer wishes to act as Lessor, as its current use of
the facility is limited; currently, the YMCA pays the School Board one dollar per year to
lease the space; the YMCA is required to handle all operational expenses according to
the current agreement; the YMCA desires to continue its lease of the property and
incorporate the gym into operations of its proposed new facility; currently, an agreement
is being negotiated that would transfer ownership of the facility to the YMCA, in
exchange for services provided to the citizens of the City of Roanoke; and to
accommodate the time needed to negotiate an exchange agreement, the YMCA has
requested a six month extension of the current agreement.
Following the public hearing, the City Manager recommended that she be
authorized to execute an extension of the existing lease among the City of Roanoke, the
School Board for the City of Roanoke and the YMCA, permitting a six-month term, in the
amount of $1.00, to allow appropriate time for the YMCA and the City to negotiate
conditions for transfer of ownership, said six-month extension period to begin on
January 19, 2003, and end on July 18, 2003.
Mr. Carder moved that the following ordinance be placed upon its first reading:
(#36223) AN ORDINANCE authorizing and directing the proper City officials to
enter into a lease extension between the City, the School Board of the City of Roanoke
anctthe Young Men's Christian Association of Roanoke, Virginia, for use of the Jefferson
High School gymnasium, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 67, page 105.)
The motion was seconded by Mr. Cutler.
The Mayor inquired if there were persons present who would like to speak in
connection with the matter. There being none, he declared the public hearing closed.
There being no questions and/or comments by the Members of Council,
Ordinance No. 36223 was adopted on its first reading by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder,
and Mayor Smith ...7.
NAYS: None ...... ----0.
483
LEASES-COMMONWEALTH OF VIRGINIA BUILDING: Pursuant to action by
Council, the City Clerk having advertised a public hearing for Tuesday, January 21,2003,
at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to a proposal
to extend the lease of the Commonwealth Building to the United States General Services
Administration, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Friday, January 10, 2003.
The City Manager submitted a communication advising that the General Services
Administration (GSA) leases the second floor of the Commonwealth Building for use of
the Federal Bankruptcy Court and affiliated offices, which lease expires on January 31,
2003; the GSA is interested in continuing the lease of space and is considering leasing
more space within the Commonwealth Building; currently, the GSA leases 12,413 square
feet, including the entire second floor and one office on the first floor; current lease rate
is $6.50 per square foot, plus $3.97 per square foot, for operating costs, with annual rent
totaling $130,007.76; and renewal of the lease involves the same square footage and
base rate per square foot, with the rate for operating cost increasing according to the
Consumer Price Index for 1982 - 1984 = 100, as a condition of the current lease.
It was further advised that the GSA is actively searching for additional office space
to support its currant operation in the Commonwealth Building; additional space has
tentatively been identified on the first floor of the building; the GSA is in the process of
determining if the space will adequately address needs of the Bankruptcy Court; and to
accomplish negotiating a lease that will incorporate the current leased area and any
additional space, the GSA has requested a one-year extension of the current lease
agreement.
Following the public hearing, the City Manager recommended that she be
authorized to offer and to execute an extension of the existing lease agreement between
the City of Roanoke and the GSA, permitting a one-year term to allow time for th= GSA
and the City to negotiate terms and conditions for a new lease agreement, commencing
on February 1, 2003, and ending on January 31, 2004.
Mr. Carder offered the following ordinance:
(#36224-012103) AN ORDINANCE authorizing the extension of an existing lease
between the City of Roanoke and the General Services Administration of the United
States of America for the lease of certain space in the Commonwealth Building, located
at 210 Church Avenue, S. W., for a period of one year, authorizing the City Manager to
execute the requisite lease extension agreement, and dispensing with the second
reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 104.)
484 -
Mr. Carder moved the adoption of Ordinance No. 36224-012103. The motion was
seconded by Mr. Cutler.
The Mayor inquired if there were persons present who would like to speak in
connection with the matter. There being none, he declared the public hearing closed.
There being no questions and/or comments by the Membem of Council,
ordinance No. 36224-012103 was adopted by the following vote:
AYES: Council Membem Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith 7.
NAYS: None
HEARING OF CITIZENS UPON PUBLIC MA'FI'ERS: The Mayor advised that Council
sets this time as a priority for citizens to be heard and mattere requiring referral to the
City Manager will be referred immediately for response, report and recommendation to
Council.
INSURANCE-BUDGET-LEGISLATION-SCHOOLS: Anita Price, President, Roanoke
Education Association, extended an invitation to the Membere of Council to participate
in a rally to be held on Monday, January 27, 2003, at 11:00 a.m., in Richmond, Virginia,
at which time teachere will lobby the General Assembly to show a united front in support
of public education. She expressed appreciation for the resolution adopted by Council
acknowledging the educational funding crisis. She expressed concern that Roanoke
City School teachere are anticipating an increase in their insurance premiums by as
much as 50 per cent or more.
COMPLAINTS-WATER RESOURCES: Mr. Robert Gravely, 3360 Herehberger Road,
N. W., spoke against the 35 per cent increase in water rates, and expressed concern over
the lack of progress by the City of Roanoke.
CITY COUNCIL: In reference to scheduling future public hearings before the
Council, Council Member Wyatt requested that those public hearings that are anticipated
to be controversial in nature be scheduled following non.controversial public hearings.
485
There being no further business, the Mayor declared the meeting adjourned at
10:55 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
486 -
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 3, 2003
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
February 3, 2003, at 9:00 a.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., C~ty of
Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Reqular Meetinc~s. Code of the City of Roanoke (1979), as amended; and pursuant
to Resolution No. 36193-010603 adopted on January 6, 2003, which changed the time
of commencement of the regular meeting of Council to be held on the first Monday
in each month from 12:15 p.m., to 9:00 a.m.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., and Mayor Ralph K. Smith .............................................................. -4.
ABSENT: Council Members William H. Carder, C. Nelson Harris and Linda F.
Wyatt ........................................................................................ 3.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
At 9:05 a.m., the Mayor declared the meeting in recess.
At 9:15 a.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, Virginia, with Mayor Smith presiding, and all
Members of the Council in attendance, with the exception of Council Member Carder.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
COUNCIL:
487
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
QUESTIONSIDISCUSSlONICLARIFICATIONIADDITIONS AND DELETIONS: Council
Member Cutler referred to agenda item 4.a., in connection with the rezoning of land
by the Northwest Neighborhood Environmental Organization and Robert Crowder
in the 500 block of Loudon and Centre Avenues, N. W., and the impact of such
rezoning on the business of Quality Produce Company. He stated that the proposed
ordinance does not reflect the concerns expressed by Quality Produce Company at
the Council meeting on Tuesday, January 21, 2003, that the business will not be
harmed by construction of the proposed new housing complex across the street
from its operation.
The City Attorney advised that it is not known how Quality Produce Company
will operate in the future; the attorney for Quality Produce has requested that the
City take the position that his client is a good corporate citizen; however, the City
Attorney advised that the City should issue no more than a general statement
relating to the business inasmuch as Council is not authorized to give away police
powers of the City.
The City Manager advised that at the 2:00 p.m., Council session, it would be
appropriate for a member of Council to advise that the matter was discussed during
the Council's 9:00 a.m. work session, that Council is concerned about the potential
adverse impact on the business of Quality Produce Company, but the Council is not
in a position to issue a letter that would have the affect of assuring Quality Produce
that it will not be interfered with in the future. She called attention to plans of NNEO
for additional landscaping that would act to some extent as a sound barrier,
however, the current budget of NNEO may not contain funds to accommodate
additional landscaping at this time.
Council Member Wyatt offered a suggestion that there be full disclosure to all
occupants prior to moving into the NNEO housing units that them could be noise in
the early morning hours as a result of the operation of Quality Produce Company;
whereupon, the Director of Planning and Code Enforcement advised that he would
confer with the City Attorney and the Executive Director of NNEO prior to the
2:00 p.m. Council meeting to determine if they would be amenable to the suggestion.
With regard to Council agenda item 6.a.7, which is a communication from the
City Manager in connection with the Virginia Pollutant Discharge Elimination
System General Permit Registration Statement for Storm Water Discharges, Mr.
Cutler inquired if the City's Environmental Protection Administrator would be
present for the 2:00 p.m. Council session to be commended on his work;
whereupon, the City Manager advised that Mr. Truntich was out of the City, but
would be advised of the Council's remarks.
488
With regard to Council agenda item 6.a.6, which is a communication from the
City Manager recommending transfer of funds for traffic calming initiatives, Council
Member Wyatt expressed concern with regard to transferring the funds from the
Valley View Boulevard Exchange budget. She requested more information on how
the funds will be allocated, and advised that Williamson Road residents have been
patient in regard to traffic needs in the Valley View area and have waited patiently
for Phase II of the Valley View project, however, it now appears that the remaining
funds are proposed to be transferred to another account. She inquired about the
potential impact to the Valley View Interchange project if the funds are used for
another purpose and requested more specific information on the City Manger's
proposed traffic calming initiatives before voting to allocate the recommended
funds.
The Director of Public Works advised that the Valley View Interchange project
is closed out, with no further charges anticipated to be accrued. He stated that
Phase II of the Valley View project is 10-15 years in the future on the list of Virginia
Department of Transportation projects for future implementation.
The City Manager advised that traffic calming expenditures will be used for
Memorial Avenue, Grandin Road, Williamson Road, and the Bullitt/Jamison Corridor
which are the latest "hot button" topics discussed by the City for traffic calming.
She further advised that City staff has brought each of the above mentioned traffic
calming projects to Council for briefings; however, if the majority of the Council is
not ready for staff to proceed on the specific projects, staff should be advised
accordingly. She stated that the item can be withdrawn from the Council agenda to
allow for specific work sessions on each traffic calming project, which can be
followed by a vote of the Council.
It was stated that it would be helpful for Council to know the priority of traffic
calming areas to be addressed by the City and costs pertaining to each project. It
was also stated that if the other loop of the Valley View Boulevard Interchange is not
to be completed for another 10 - 15 years, the City should put the funds to use now,
and the City should work with VDOT to provide more aesthetically pleasing signage
when leaving Valley View Mall.
BRIEFINGS BY CITY STAFF:
CHURCH AVENUE PARKING STUDY:
The City Manager advised that studies have been completed in the past of
various aspects of the community, some of which have been adopted and others
have been used as tools by City staff, but were not officially presented to the
489
Council. She called attention to a study of the western section of the downtown
area, or the Jefferson Center area, that suggested over the long term that there
would be a need for some type of parking facility. She explained that as the City
reviewed the construction/design of Phase II of the Police Building on Campbell
Avenue, the issue of parking for the facility, as well as certain other locations in the
area was discussed, including the soon to be ground breaking for the new YMCA,
increased usage at the Jefferson Center as a venue for numerous activities, and
reuse of the Cotton Mill Building. She stated that at her request, City staff
commissioned a parking study that would take into account all of the needs, along
with parking for the courthouse and other buildings along Church Avenue; the study
has been completed and while City staff does not have a specific conclusion to
recommend to the Council as to location, size and cost, it was considered to be
advantageous to share the information with Council prior to consideration of the
Capital Improvements Program budget and departmental budgets over the next
several months.
The City Engineer presented a map of the study area which spans from
Second Street on the east, to 7th Street on the west, and Campbell Avenue on the
north down to Marshall Avenue. He advised that four sites were identified by the
consultant, the purpose of which was to include both active and planning projects
in the Church Avenue west corridor, encompassing Phase II expansion of the Police
Building, the new YMCA Aquatic Center, potential renovations and expansion of the
courthouse building, and the Jefferson Center, etc. He explained that a detailed
inventory of every parking supply in the area was provided by time of day, all
stakeholders were identified, including the Jefferson Center, YMCA, Red Cross,
Oakey's Funeral Home, municipal activities, courts and jail activities, and proposed
use of the Cotton Mill. He advised that the consultant collected all of the pertiment
data and built parking supply and demand curves to look at parking demand for each
stakeholder based on time of day and weekend activity.
He explained that the study concluded that for a typical weekday, there is a
deficit of approximately 454 parking spaces in the study area, based on a peak
demand for about 930 spaces; peak period generally occurs between the hours of
10:00 a.m. and 2:00 p.m., and there are currently about 533 spaces in the study area
which leaves a deficit of about 450 spaces. He advised that the study identified a
potential shortfall for Saturday afternoon/evening performances at the Jefferson
Center, which calls for a peak demand of 560 spaces, with only 286 currently
available parking spaces. In addressing the parking deficit, he advised that
structured parking of some kind is likely, at a cost in the range of $10,000.00 per
space up to about $15,000.00 not including land costs, engineering, etc., for a 500
space parking garage in the price range of $5 - $7.5 million in construction costs;
and called attention to potential partners, some of which include the YMCA and the
490
Jefferson Center. He advised that the consultant identified the following sites: Luck
Avenue site which is the surface lot owned by the City, the site of the existing YMCA
building which is a parcel of land that will be owned by the City when the new YMCA
building is completed, and the site directly behind the police building on Church
Avenue which is privately held; and other potential sites located on Campbell
Avenue and owned by The Roanoke Times, and the Salem Avenue property that was
destroyed by fire. He explained that from the perspective of City staff, there is a
demand for 500 parking spaces to be located somewhere in the proximity of the
study area; City staff is looking at the pluses and minuses of each of the potential
sites; and staff will prepare a Capital Improvements Program project for Council's
consideration as a part of the budget process.
During a discussion by Council, the following points were made: City staff
should be cognizant of the need to design a facility that will fit in with the character
of the area; First Baptist Church should be approached as a potential stakeholder;
and Roanoke is not a walking community, so there could be a need for two smaller
facilities, as opposed to one large parking facility to address the parking issue at the
Jefferson Center/YMCA and other locations closer to downtown Roanoke.
The City Manager advised that in establishing the location, no one site will
satisfy the needs of all stakeholders; however, her commitment to staff has been,
and is in concert with the City's Comprehensive Plan, that the City does not wish
to build any more surface parking lots, but prefers to build structures on parking
lots. Additionally, she stated that government should build on the more challenging
locations and leave the prime spots for future development by the private sector.
It was suggested that as City staff studies the parking garage issue, it should
also explore the feasibility of a shuttle bus system, making it more cost effective
to construct a larger parking garage, as opposed to two smaller parking garages.
The City Manager advised that City staff will review methods of financing and
a recommendation will be forwarded to Council at a later date.
FIRST STREET BRIDGE:
The City Manager advised that some time ago, a status report was presented
to the Council regarding renovation/rehabilitation of the First Street Bridge as a
pedestrian bridge and, at that time, the direction from Council was to delay any
additional work on the bridge until the Outlook Roanoke Plan was updated; City staff
was instructed to cease any further design, and in the meantime construction of the
Gainsboro Bridge proceeded. She further advised that the Outlook Roanoke Plan
brought forth the recommendation that the bridge should also be vehicular; and
491
when consultants reviewed the bridge configuration, it was determined that there
would be sufficient space for only one-way vehicular traffic and it was suggested
that traffic should be directed into the downtown area. She stated that with
adoption of the Outlook Roanoke Plan by the City Planning Commission and City
Council, additional design work was completed and the purpose of the briefing was
to present Council with the latest design sketches for rehabilitation of the First
Street Bridge. She indicated that this particular design is in concert with adoption
of the Outlook Roanoke Plan for a vehicular bridge, with one way traffic into the City
and a pedestrian walkway, and it will be necessary to request additional funding by
Council.
Ms. Wyatt advised that previously when considering the Outlook Roanoke
Plan, she was assured that adoption of the Plan did not mean that the First Street
Bridge would automatically be a vehicular bridge. The City Manager responded that
staff has completed the work and is prepared to brief Council on both cost and
design issues, however, there are funding issues which require additional direction
from the Council as soon as possible. She called attention to the need to move
forward with improvements to the First Street Bridge, because in its current
condition, the bridge represents unfinished business and provides a sense of
uncertainty about the City's plans.
The City Engineer advised that the existing bridge is in poor condition, was
previously closed because of its condition, and has been closed for over two years.
He presented information on the current concept which features a new bridge that
very closely resembles the old bridge that would be designed to carry vehicles and
pedestrians in one direction from north to south. He further advised that the
concept provides that existing stone piers will be used on either side with moderate
rehabilitation work, a new steel truss structure will be constructed that will appear
exactly the same as the existing truss bridge, with a concrete deck supported by
four steel girders underneath, the pedestrian walkway would be on the same side
as it currently exists and varies in width from about seven feet narrowing down to
5.5 feet in one spot, a one vehicle lane up to 12 feet wide, a concrete walkway at
Salem Avenue, the existing ramp would be replaced and support piers would be
changed, a new descending ramp will be constructed, and a pedestrian walkwaywill
be constructed on the east side of the bridge, with one way vehicular traffic to the
west.
The City Engineer explained that the remainder of the features, in concept,
include landscaping design with period lighting fixtures similar to those in the
Historic Gainsboro neighborhood, sidewalk improvements from the north end of the
bridge, and a handicap ramp that would be used to accommodate the parking
garage. He stated that project cost is estimated at $2.2 million, and approximately
492
$700,000.00 is currently identified for the First Street Bridge, therefore, there is a
budget issue to be addressed.
Mr. Cutler advised that Explore Park would be interested in the First Street
Bridge in the event it is to be recycled.
The City Manager advised that the $2.2 million includes $275,000.00 for
removal of railroad signals and Norfolk Southern has been requested to consider
that as their cost, however, no response has been received to date. She further
advised that a pedestrian bridge with an elevator on the south side would cost
approximately $1.1 million.
Vice-Mayor Harris advised that when the elevator was designed, the Council
at that time operated on the premise that the First Street Bridge would be a
pedestrian bridge; there is a substantial cost differential between pedestrian only
and pedestrian/vehicular of approximately $1 million; the goal has been to create
pedestrian activity with the Henry Street Project, the Higher Education Center, and
the railside linear walk, therefore, the First Street Bridge creates the necessary link
between these pedestrian-oriented concepts; and the City has made a significant
investment to make the Second Street Bridge vehicular. He stated that he did not
see a great need to make the First Street Bridge a one-way vehicular bridge because
once the bridge is crossed in the direction of the Higher Education Center, one of
the other vehicular arteries will have to be used to exit the area. He indicated that
all things taken into consideration, the original concept is still the best concept -- a
pedestrian only bridge, and he encouraged Council to make a decision as soon as
possible so that the City can move forward on design of the First Street Bridge.
in view of the costs involved, Council Member Bestpitch advised that it would
be short sighted on the part of the City not to make the bridge one way
vehicular/pedestrian. He stated that the more opportunities that are provided for
persons to access The Hotel Roanoke, the Dumas Artistic Center, RNDC
development, etc., the more they will want to come back to the area for future
events. He advised that while there is some additional cost involved, it represents
a reasonable amount of additional money when compared to the amount of traffic
that will use the bridge.
Council Member Cutler advised that regardless of whether the First Street
Bridge is vehicular or not, one of the potential uses is that it be a part of the Lick Run
Greenway, and the Roanoke Valley Greenway Commission acknowledges telephone
calls regularly from persons attending meetings at The Hotel Roanoke who inquire
about 3k or 5k jogging paths from The Hotel Roanoke to various destinations. He
stated that he is in favor of encouraging pedestrian use of the bridge, with or without
vehicular traffic.
493
Council Member Wyatt spoke to the concept of providing a picnic shelter for
use by school children visiting the area which could be constructed in the vicinity
of the First Street Bridge. She stated that if the bridge is pedestrian, more persons
will have the opportunity to visit those venues in the area that Roanoke wishes to
showcase.
There was discussion in regard to the cost of constructing a pedestrian bridge
with no elevator.
Council Member Dowe suggested that the City of Roanoke propose that the
First Street Bridge be named the Dr. Martin Luther King, Jr. Memorial Bridge. He
called attention to discussions with various organizations in the community and
advised that there does appear to be a consensus within the City regarding the
possibility of naming of the First Street Bridge in memory of Dr. King, with the
understanding that the First Street Bridge may, or may not, be the first or the last
thing that will be named in memory of Dr. King.
Ms. Wyatt advised that as a pedestrian bridge, the First Street Bridge could
serve as a history walk to highlight the life of Dr. King and his role in the Civil Rights
movement, it could serve as a teaching tool for the community in general, and it
could serve as a symbol to bridge the community, which is what Dr. King's life was
about.
Mr. Cutler concurred in the remarks of Mr. Dowe and inquired as to the
feasibility of providing a shuttle bus to cross the bridge, eliminating the need for
vehicular traffic.
There was discussion in regard to public input on the proposal to name the
bridge in memory of Dr. King; whereupon, it was noted that the proposal of Mr. Dowe
meets the criteria of the Dr. Martin Luther King, Jr. Committee that was appointed
by the City Manager to study and submit recommendations for a fitting memorial to
Dr. King.
Vice-Mayor Harris moved that Council vote on the question of whether the
First Street Bridge will be vehicular/pedestrian at its meeting on Tuesday,
February 18, 2003, at 2:00 p.m. The motion was seconded by Mr. Dowe and adopted.
There was discussion as to whether a public hearing is in order in connection
with naming the First Street Bridge in memory of Dr. King; whereupon, the Mayor
advised that at this point it would be appropriate for the community to engage in
discussions.
494
It was the consensus of Council that the remainder of the briefings would take
place following the 2:00 p.m. session of the Council.
At 12:00 noon, the Mayor declared the meeting in recess.
At 2:00 p.m., on Monday, February 3, 2003, the Council meeting reconvened
in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor Ralph K. Smith ................... 6.
ABSENT: Council MemberWilliam H. Carder ........................................ 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, CityAttorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Robert L. Beasley,
Chief Pastor, St. John's Episcopal Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS - SCHOOLS: The Mayor presented a proclamation declaring
February 9 - 15, 2003, as Career and Technical Education Week.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called attention to two requests for Closed Session.
MINUTES: Minutes of the regular meeting of Council held on Monday,
December 16, 2002, and recessed until Wednesday, December 18, 2002, were before
the body.
(For full text, see Minutes on file in the City Clerk's Office.)
495
Mr. Dowe moved that the reading of the minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Cutler and
adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ......................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Council Member Carder was absent.)
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss a special award,
being the Shining Star Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia
(1950), as amended, was before the body.
Mr. Dowe moved that Council concur in the request of the Mayor to convene
in Closed Session as above described. The motion was seconded by Mr. Cutler and
adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ........................................................................................ -6.
NAYS: None ........................................................................................ -0.
(Council Member Carder was absent.)
CITY ATTORNEY-CITY COUNCIL: A communication from the City Attorney
requesting that Council convene in a Closed Meeting to consult with legal counsel
on a matter of pending litigation, pursuant to Section 2.2-3711 (A)(7), Code of
Virginia (1950), as amended, was before the body.
Mr. Dowe moved that Council concur in the request of the City Attorney to
convene in Closed Session as above described. The motion was seconded by Mr.
Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ............................................................................................ 6.
NAYS: None ........................................................................................ -0.
(Council Member Carder was absent.)
496
SIGNS/BILLBOARDS/AWNINGS-LICENSES: A communication from the City
Manager advising that pursuant to requirements of the Code of Virginia, 1950, as
amended, the City of Roanoke is required to hold a public hearing on proposed
encroachments into public right-of-way; whereupon, she requested that Council
schedule a public hearing for Tuesday, February 18, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in connection with a request for
encroachment into public right-of-way for installation of an awning at 1 West
Campbell Avenue, was before the body.
Mr. Dowe moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ....................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Council Member Carder was absent.)
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: A communication from
Lynn D. Avis, Chair, Industrial Development Authority of the City of Roanoke,
advising of the resignation of Stark H. Jones as a Director of the Industrial
Development Authority, was before Council.
Mr. Dowe moved that the communication be received and filed. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member Carder was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION - ROANOKE
NEIGHBORHOOD PARTNERSHIP: The following reports of qualification were before
Council:
Nelett H. Lor as a member of the Roanoke Arts
Commission, for a term ending June 30, 2005; and
497
Robin Murphy-Kelso as a member of the Roanoke
Neighborhood Partnership Steering Committee, for a term
ending November 30, 2005.
Mr. Dowe moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ........................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Council Member Carder was absent.)
REGULAR AGENDA
PUBLIC HEARINGS:
ZONING-INDUSTRIES: Council at its regular meeting on Tuesday, January 21,
2003, having continued a public hearing on the request of the Northwest
Neighborhood Environmental Organization and Robert Crowder to rezone nine tracts
of land located on the south side of the 500 block of Loudon Avenue, N. W.,
identified as Official Tax Nos. 2013101-2013109, inclusive, from RM-2, Residential
Multi-family, Medium Density District, to RM-3, Residential Multi-family, High Density
District, subject to certain conditions; and three tracts of land located on the north
side of the 500 block of Centre Avenue, N. W., identified as Official Tax Nos.
2013117-2013119, inclusive, from LM Light Manufacturing District, to RM-3,
Residential Multi-family, High Density District, subject to certain conditions, the
matter was again before the body.
On Tuesday, January 21, 2003, concerns were raised by Quality Produce
Company that its business might be impacted by the proposed apartments;
whereupon, Shusheela Shende, spoke on behalf of the Northwest Neighborhood
Development Corporation and advised that NNEO representatives have met with
representatives of Quality Produce Company and NNEO proffers the following:
(1) NNEO and Robert Crowder will work with Quality Produce Company to install
landscaping at no cost to Quality Produce that will function as a sound buffer; (2) all
buildings to be located on the north side of the 500 block of Centre Avenue, N. W.,
and will have all bedrooms located toward the rear of the buildings; (3) it is
recognized that the warehouse operation of Quality Produce Company, 116 Centre
Avenue, N. W., generates normal truck traffic and noise from daily operation of its
business; (4) and the petitioners agree to inform any potential residents of the
existence and operation of Quality Produce Company as a business at that location.
498 -
Mr. Harris requested that the above described additional proffers become an
official attachment to the request for rezoning.
Mr. Harris offered the following ordinance, including the four above described
proffers:
(#36225-020303) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 201, Sectional 1976 Zone Map, C!ty of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this ordinance
by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 106.)
Mr. Harris moved the adoption of Ordinance No. 36225.020303. The motion
was seconded by Mr. Dowe.
Michael Pace, Attorney, representing Quality Produce Company, advised that
NNEO has worked with Quality Produce during the past week to develop the
additional proffers which are in keeping with the request of his client and are
satisfactory to Quality Produce Company. He additionally requested some
assurance from the City of Roanoke that there will be no restrictions placed on the
property of Quality Produce Company as a result of the proposed development by
NNEO.
Council Member Bestpitch advised that it should be noted for the record that
it is not the intent of Council, in acting on the request for rezoning by NNEO and Mr.
Crowder, to impinge upon the right of Quality Produce Company and its activities
in any way, inasmuch as Quality Produce Company provides a valuable service for
the community. He further advised that the City can request that a communication
be issued stating that the operation of Quality Produce Company has been reviewed
by staff and as far as City staff can determine its operations are in conformance with
zoning requirements and the City of Roanoke is not aware of any reason that any of
there operations by Quality Produce Company should be cause for concern. Hearing
no objection by Council Members, Mr. Bestpitch requested that City staff prepare the
appropriate communication.
The Mayor declared the public hearing closed.
There being no further discussion by Council, Ordinance No. 36225.020303
was adopted by the following vote:
499
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith ........................................................................................ -6.
NAYS: None ........................................................................ -0.
(Council Member Carder was absent.)
STREETS AND ALLEYS: Council at its regular meeting on Tuesday,
January21,2003, having continued a public hearing on the request of the Northwest
Neighborhood Environmental Organization that all of the alley from 6th Street to 5th
Street, N. W., in the block lying between Loudon Avenue and Centre Avenue,
beginning at the east side of 6th Street, between lots bearing Official Tax Nos.
2013101 and 2013115, and extending east to its intersection with 5th Street, between
lots bearing Official Tax Nos. 2013114 and 2013'123, extending north, and on the
west extending along the east border of the lot bearing Official Tax No. 2013109 and
on the east extending along the west border of lots bearing Official Tax Nos.
2013114-2013110, extending north to its intersection with Loudon Avenue, be
permanently vacated, discontinued and closed, the matter was again before the
body.
Mr. Bestpitch offered the following ordinance:
(#36226-020303) AN ORDINANCE permanently vacating, discontinuing and
closing certain public rights-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading of this
ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 108.)
Mr. Bestpitch moved the adoption of Ordinance No. 36226-020303. The motion
was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter. There being none, he declared the public hearing
closed.
There being no questions/comments by Council Members, Ordinance No.
36226-020303 was adopted by the following vote:
500 -
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and MayorSmith ....................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member Carder was absent.)
PETITIONS AND COMMUNICATIONS:
ZONING-ANIMALS/INSECTS-COMMUNITY PLANNING: Norman D. Mason,
President, Board of Directors, The Angels of Assisi, advised that the organization is
a charity whose purpose is to provide Iow income pet owners with affordable
veterinary services; and since its inception in August 2001, The Angels of Assisi
surgical unit has performed over 9,000 spays or neuters for Iow income owners of
pets and for local humane shelters in the Roanoke Valley. He stated that in August
2002, The Angels of Assisi opened a small full-service clinic providing outpatient
medical services and surgeries to Iow income citizens of the Roanoke Valley, and
although restricted in space and open initially for only three days a week, the clinic
provided service to over 1,100 patients through January 2003.
Mr. Mason explained that The Angels of Assisi would like to expand its
charitable services to the Roanoke community by acquiring a larger clinic facility;
therefore, a contract was placed on property located at 415 Campbell Avenue, S. W.,
however, the location is zoned C-3 for which there does not exist an exemption for
veterinary hospitals or clinics for consideration by the Board of Zoning Appeals. He
stated that if the organization is permitted to purchase and improve the property, it
can better serve the needs of Roanoke's citizens and, at the same time, enhance a
portion of the "downtown" area which has been filled largely with vacant buildings
and warehouses; and the location is also near the Roanoke City Police Department
which would allow The Angels of Assisi to provide free service to the City's canine
officers in the K-9 Corp.
Mr. Mason explained that the proposed facility will not house animals outside,
and called attention to plans to significantly improve the entire appearance of the
vacant building and the rear parking lot; however, the support of Council is needed
to implement a change in the C-3 zoning district to allow for an exempton to be
considered by the Board of Zoning Appeals.
Mr. Bestpitch moved that the request be referred to the City Planning
Commission for study, report and recommendation to Council, in connection with
a text amendment for a special exception to be added to the C-3 zoning
classification. The motion was seconded by Mr. Cutler.
501
Ms. Wyatt advised that downtown Roanoke is not the appropriate location for
a facility of this type; whereupon, she inquired if Mr. Mason had looked at other
property that is properly zoned for this purpose. Mr. Mason responded in the
affirmative, and called attention to higher costs in other areas of the City; however,
he advised that the property in question is suitable for their needs because it is
contiguous to those communities that are served most frequently by The Angels of
Assisi. In addition, he stated that with minor modifications, there is more than ample
parking, and access from the rear of the building will be enhanced with appropriate
modifications. He called attention to various needs of the organization and the
property in question fits those needs.
The City Manager advised that she previously informed Mr. Mason that she
could not recommend approval of the request inasmuch as the City is currently in
the midst of a Zoning Ordinance update and it is wise to avoid piece meal changes
to the Zoning Ordinance unless there is a specific hardship. She stated that there is
no indication that there is a demand in the downtown, C-3 zoning classification, for
this type of service, and a text amendment would allow consideration of this
particular special exception in every location in the downtown area which is
included in the C-3 zoning classification. She advised that she informed Mr. Mason
that she could not support the requested text amendment and it would be necessary
for him to request that either City Council or the City Planning Commission initiate
a zoning ordinance text amendment.
There being no further discussion, the motion was adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
CITIZEN SURVEY BRIEFINGS: The City Manager introduced Susan Wilson
Walton, representing Virginia Polytechnic -Institute and State University, to present
results of a citizen survey performed by Virginia Tech Center for Survey Research.
(For full text, survey results on the file in the City Clerk's Office.)
During a discussion of survey results, Mr. Dowe requested more information
in regard to those areas that have experienced a decrease in favor by ten per cent
or more; and Ms. Wyatt requested information on the results of the break out
questions pertaining to the Roanoke Civic Center.
The City Manager advised that the full report will be provided to the Council
upon receipt.
502 -
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
ITEMS RECOMMENDED FOR ACTION:
BUDGET- CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted
a communication advising that capital projects of all types have been approved by
Council in the Capital Improvements Program; bond funds from the 1999 bond issue
needs to be transferred to capital project accounts, along with a portion of the 2002
bond issue for implementation of construction projects; and the following transfers
are recommended:
$391,355.00 from Public Improvement Bonds Series 1999 - Storm
Drains, Account No. 008-052-9709-9176, to the following new accounts
to be established by the Director of Finance.
$73,355.00
114,000.00
204,000.00
Peters Creek Flood Mitigation Phase 4
Trout Run Culvert Repairs
Barnhart Street Drainage Improvements
$9,169.00 from Public Improvement Bonds Series 1999 - Buildings,
Account No. 008-052-9709-9183, to Account No. 008-530-9776, Public
Works Service Center Upgrade Phase I.
$809,080.00 from Public Improvement Bond Series 1999 - Bridges,
Account No. 008-052-9709-9190, to the following accounts.
$ 750,000.00
$ 59,080.00
First Street Pedestrian Bridge,
Account No. 008-052-9574
Walnut Avenue Bridge over Railroad,
Account No. 008-530-9511
$698,613.00 from Public Improvement Bonds Series 1999 - Streets,
Account No. 008-052-9709-9191, to the following new accounts to be
established by the Director of Finance.
$143,859.00
$127,414.00
$ 410,000.00
$ 17,340.00
Williamson Road Improvements
Traffic Signals
VDOT Highway Projects
Roadway Safety Improvement Project,
Account No. 008-052-9606
5O3
$3,391,630.00 from Public Improvement Bonds Series 2002 - Curb &
Gutter, Account No. 008-530-9711-9195, to the following new accounts.
891
500
500
500
500
500
630.00
000.00
000.00
000.00
000.00
000.00
Curb, Gutter and Sidewalk #1
Curb, Gutter and Sidewalk #2
Curb, Gutter and Sidewalk #3
Curb, Gutter and Sidewalk #.4
Curb, Gutter and Sidewalk #5
Curb, Gutter and Sidewalk #6
The City Manager recommended transfer of funds to existing project
accounts and/or to new accounts to be established by the Director of Finance.
Mr. Dowe offered the following budget ordinance:
(#36227-020303) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects Fu nd Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 111 .)
Mr. Dowe moved the adoption of Ordinance No. 36227-020303. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Wyatt, Bestpitch, Cutler, and Mayor Smith---5.
NAYS: None ........................................................................................ -0.
(Council Member Carder was absent.) (Vice-Mayor Harris abstained from voting.)
INDUSTRIES: The City Manager submitted a communication advising that
Elizabeth Arden, Inc., a tenant in a 250,000 square foot facility at the Roanoke Centre
for Industry and Technology (RCIT), and Liberty Property Limited Partnership
(Liberty), the property owner, wishes to expand at its present site; expansion will
require a waiver from the present Restrictive Covenants at RClT; covenants require
a 75-foot setback for both the building and the parking lot, however, the size and
layout of the site expansion requires that setback be 41 feet for the parking lot and
35 feet for the building; and if an application for vacation of a City of Roanoke right-
of-way at the site is approved, the setback for the building will be in compliance.
5O4
It was further advised that the Restrictive Covenants state in paragraph 6 that
the above requirement may be waived by the City of Roanoke, however,
requirements of paragraph 13 must be met which provide as follows: "13.
Amendments. Except as herein provided, each of the foregoing Restrictive
Covenants may as to all persons and property be waived, released, rescinded,
modified, altered or amended by the City at the request of and with the consent of
the owners or lessees from the City of property for terms of five (5) years or more of
more than fifty percent (50%), in area, of the lots or sites within the Centre which
have been sold by the City for development".
It was noted that six tenants at RCIT have signed off on the waiver,
representing over 50 per cent of tenants/owners by area of the park, which meets
amendment requirements of the Restrictive Covenants; Elizabeth Arden employs 538
employees in Roanoke, and expansion will enable the company to continue to grow
in employment and marks a significant investment in the Roanoke Centre for
Industry and Technology.
The City Manager recommended that Council approve a waiver of the setback
requirements as set forth above and that the City Manager be authorized to execute
a Waiver of the Provision of the Deed of Restriction for expansion by Elizabeth Arden
and to take such further action and to execute any other documents deemed
necessary for expansion.
Mr. Dowe offered the following resolution:
(#36228-020303) A RESOLUTION to provide for certain waivers and consents
by the City of certain restrictive covenants in connection with certain real property
located at the Roanoke Centre for Industry and Technology (RCIT) and owned by
Liberty Property Limited Partnership (Liberty) and occupied by Elizabeth Arden, Inc.,
authorizing the proper City officials to execute such waivers and consents on behalf
of the City in connection with those restrictive covenants; and authorizing the proper
City officials to execute any other documents to conclude the proposed expansion
of the facility occupied by Elizabeth Arden, Inc., at RClT.
(For full text of Resolution, see Resolution Book No. 67, page 113.)
Mr. Dowe moved the adoption of Resolution No. 36228-020303. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
5O5
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler, and Mayor
Smith ................................................................................... -6.
NAYS: None ........................................................................................ -6.
(Council Member Carder was absent.)
BUDGET-PUBLIC WORKS: The City Manager submitted a communication
advising that in July 2002, the City advertised for a consultant to prepare a master
plan for the Public Works Service Center (PWSC); the plan proposes a phased
implementation of improvements at the PWSC to centralize functions and to
improve efficiency of operations; and the following items, listed by division, are to
be implemented as the first phase of improvements to the facility:
Transportation Division:
Salt Storage Building - new salt storage facility to include
approximately half of the sheds required for storage of salt
spreaders, snow plows, etc.
Landscape Maintenance Equipment Shop- modifications
to existing warehouse as needed to perform maintenance
and repair of equipment, which will allow activity to move
from the Reserve Avenue site to the PWSC.
Fleet Maintenance Division:
Fleet Maintenance Doors - Installation of three overhead
doors along the west wall of the Fleet Maintenance Shop,
which will improve efficiency and productivity of the
facility by allowing access to service bays from outside of
the building.
Solid Waste Division:
Solid Waste Island - new concrete median strip with
electrical receptacles to serve diesel engine block heaters
of Solid Waste trucks. Existing median to be displaced by
new Salt Storage Building.
506
It was further advised that funding, in the amount of $1,000,000.00, is needed
for the projects and is available from the following sources to be transferred to
Public Works Service Center, Account No. 008-530-9776, which currently has a
balance of $378,662.00:
Transfer to Capital
Projects Fund
Undesignated Fund
Balance
Brandon Avenue
Widening
Account No. 001-250-9310-9508
Account No. 008-3349
Account No. 008-052-9604
$170,000.00
$256,641.00
$152,757.O0
Fleet Maintenance Retained Earnings
$41,940.00
The City Manager recommended that Council transfer the above referenced
funds to the Public Works Service Center, Account No. 008-530-9776, to provide
total funding of $1,000,000.00.
Mr. Dowe offered the following budget ordinance:
(#36229-020303) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects and Fleet Management Funds Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 115.)
Mr. Dowe moved the adoption of Ordinance No. 36229-020303. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ........................................................................... -6.
NAYS: None ................................................................... -0.
(Council Member Carder was absent.)
507
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
communication advising that the Virginia Department of Criminal Justice Services
(DCJS) provides grant funding for programs and activities which increase
apprehension, prosecution and adjudication of persons committing violent crimes
against women; and the program, "Virginia Services, Training, Officers, Prosecution
Violence Against Women" (VSTOP) has funded a Domestic Violence Unit within the
Police Department since 1999.
It was further advised that on December 19, 2002, DCJS awarded $32,403.00
to the City's Police Department to employ a full-time, non-sworn Domestic Violence
Specialist, thereby allowing continuation of the Domestic Violence Unit in calendar
year 2003; the required City in-kind match of $23,127.00 will be met through salary
paid to current Police Department personnel; and the required local cash match of
$3,136.00 will be met through State Asset Forfeiture Funds, Account No. 035-640-
3302.
It was explained that the Domestic Violence Unit collects and interprets
relevant domestic violence offense data which allows proactive case intervention
and cultivation of cooperative working relationships with clients and
service/adjudication agencies; and the program produces more equitable victim-
offender criminal justice dispositions related to domestic violence offenses.
The City Manager recommended that Council accept the V-STOP grant and
that the City Manager be authorized to execute the grant agreement and any related
documents; appropriate State grant funds, in the amount of $32,403.00, with a
corresponding revenue estimate in accounts to be established by the Director of
Finance in the Grant Fund; and transfer the local match of $3,136.00 from State
Asset Forfeiture Funds, Account No. 035-640-3302, to the same Grant Fund account.
Ms. Wyatt offered the following budget ordinance:
(#36230-020303) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 116.)
508 -
Ms. Wyatt moved the adoption of Ordinance No. 36230-020303. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith .................................................................. -6.
NAYS: None ........................................................................................ -0.
(Council Member Carder was absent.)
Mr. Dowe offered the following resolution:
(#36231-020303) A RESOLUTION accepting the Virginia Services, Training,
Officers, Prosecution (VSTOP) Violence Against Women Grant offer made to the City
by the Virginia Department of Criminal Justice Services and authorizing execution
of any documentation on behalf of the City.
(For full text of Ordinance, see Ordinance Book No. 67, page 118.)
Mr. Dowe moved the adoption of Resolution No. 36231-020303. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ...................................................................... -6.
NAYS: None .........................................
(Council Member Carder was absent.)
TRAFFIC-BUDGET.TRANSPORTATION SAFETY: The City Managersubmitted
a communication advising that Council has been briefed on several ongoing
transportation projects, the goal of which is calming traffic and making the City's
transportation corridors more pedestrian friendly; areas of improvement include, but
may not be limited to, Memorial Avenue, Grandin Road, Williamson Road, Jamison
Avenue and Bullitt Avenue; traffic calming initiatives are preliminary in nature,
therefore, a firm cost estimate has not been established for each of the projects;
and, funding in the amount of $236,870.00 has been identified as available to support
further development and implementation of the initiatives.
The City Manager recommended that Council transfer $236,870.00 from the
Valley View Boulevard Interchange, Account No. 008-052-9545, to a new account to
be entitled, Traffic Calming Initiatives.
509
Based on discussion by Council at its 9:00 a.m. work session, the City
Manager advised that she would withdraw the item from the agenda until Council
has an opportunity to discuss specific traffic calming projects, since there was an
earlier indication by Council that it was not in support of the various staff
presentations regarding traffic calming.
Mr. Bestpitch offered the following budget ordinance:
(#36232) AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Capital Projects Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
Mr. Bestpitch moved the adoption of Ordinance No. 36232 The motion was
seconded by Mr. Cutler.
The City Manager pointed out that the ordinance, as drafted, requires five
affirmative votes by the Council to pass.
Ms. Wyatt noted that the previous discussion by Council was not in opposition
to the various traffic calming projects, but the need for more definitive information
no how the money will be spent.
Mr. Bestpitch advised that them have been numerous briefings on the various
aspects of traffic calming issues in different parts of the City. He expressed
concern that Council is micro-managing, and expressed confidence in the
professional staff of the City in the process of the Council briefings, and suggested
that staff be permitted to proceed as requested by the City Manager. He stated that
Council Members have had more than ample time to request additional information
from the City Manager.
Mr. Bestpitch moved that the ordinance be amended to delete the phrase
"dispensing with the second reading by title of this ordinance." The amendment to
the motion was seconded by Mr. Cutler and adopted.
Mr. Bestpitch moved that the following ordinance be placed upon its first
reading:
(#36232) AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 Capital Projects Fund Appropriations.
The motion was seconded by Mr. Cutler.
510
The Mayor expressed concern that transferring $237,000.00 from the Valley
View Boulevard Interchange account causes further delay for completion of Phase
II of the Valley View Interchange project. He stated that funds requested by the City
Manager are not designated for a specific traffic calming proposal; Council is not
micro managing by requesting more definitive information on specific traffic calming
plans and costs; and it is the responsibility of Council to raise questions and to vote
on specific issues when they are presented by the City administration.
Mr. Dowe advised that Council Members appear to be in favor of implementing
traffic calming measures in the various sections of the City; the Council has received
briefings in regard to traffic calming, and inquired if the funds are intended to be
used for specific traffic calming projects. He stated that further clarification by the
City Manager would likely enable the item to be favorably considered by the Council.
The City Manager responded that four specific areas for traffic calming have
been discussed with the Council; i.e.: Memorial Avenue, Grandin Road, Williamson
Road and the Bullitt/Jamison corridor. She advised that conceptual drawings have
been provided in each of the areas and staff has met with neighborhood groups to
receive feedback on the various plans. She explained that the $237,000.00 will fund
detailed cost estimates and final design on the four traffic calming projects. She
stated that she could not provide a precise breakdown on how the $237,000.00 will
be expended.
In view of the City Manager's explanation that the requested funds represent
initial planning money and not implementation funds, Ms. Wyatt advised that she
could support the request for funds. She stated that she was voting for planning
money and not implementation of the studies, which she does not consider ~o be
micro managing, but being a good steward of the taxpayers' money. She expressed
concern regarding the Williamson Road area and while she favors traffic calming,
it is an issue of balance; if severe traffic calming measures are enacted on arterial
roads into and out of the City, an even bigger problem will be created for the
neighborhoods because motorists will begin to use circuitous routes around main
arteries by going into the neighborhoods and creating traffic problems. She called
attention to Grandview Avenue which is currently used as a cut through and if
Williamson Road is limited to 25 miles per hour, substantial traffic will be diverted
into the residential neighborhoods. She cautioned against creating traffic
quagmires so great that motorists will not use certain sections of the City.
511
Mr. Cutler advised that the City Manager has proposed to use funds remaining
in the Valley View Ma11/I-581 overpass account and he was not opposed to using the
funds for this purpose since it was earlier reported that the second phase of the
Valley View Interchange project will not occur for another 10-15 years under the
current VDOT plan.
The Mayor called attention to the paving of a section of Williamson Road
which was promised last year and delayed by City staff. He stated that he was not
aware that businesses and residents of the Williamson Road area have reached any
consensus, a good plan was initially presented and the City agreed to provide
paving which was later stalled, and the matter currently before the Council is
another attempt to stall the request. He stated that in defense of the Williamson
Road area and the Raleigh Court area, both of which are not satisfied with traffic
calming plans as presented, he could not support the City Manager's request for
funds.
Vice-Mayor Harris advised that the Mayor's remarks represent an erroneous
report of the matter before the Council. He stated that funds are not recommended
for appropriation so that a specific traffic calming plan can be implemented, but the
City Manager is requesting that Council appropriate funds to enable City staff to
place a price tag on the various elements and concepts of the four traffic calming
projects so as to provide Council with the necessary information to determine
whether specific traffic calming plans are to go forward to implementation.
There being no further discussion, Ordinance No. 36232, on its first reading,
was adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, and Cutler ......... 5.
NAYS: Mayor Smith .................................................................................. 1.
(Council Member Carder was absent.)
SEWERS AND STORM DRAINS-WATER RESOURCES-LEGISLATION: The City
Manager submitted a communication advising that, mandated by Congress under
the Clean Water Act, the National Pollutant Discharge Elimination System Storm
Water Program is a comprehensive program for addressing urban sources of storm
water pollution; the program uses the State's permitting authority to require
implementation of storm water management controls; under the Act, the City of
Roanoke is required to submit a Registration Statement outlining specific ways that
the City proposes to comply with program requirements; and the Registration
Statement must be submitted to the Virginia Department of Environmental Quality
by March 10, 2003.
512
It was further advised that City staff has completed a Registration Statement
outlining minimum measures for compliance by the City which include: City-wide
public education and participation, identifying and removing non-storm waterflows,
pre and post construction site runoffcontrols and pollution prevention measures for
municipal operations; and compliance efforts are estimated to cost between
$190,000.00 and $225,000.00 per year, commencing in March 2003, with the initial
permit period lasting five years.
The City Manager recommended that she be authorized to execute a Virginia
Pollutant Discharge Elimination System (VPDES) General Permit Registration
Statement for Storm Water Discharges from Small Municipal Separate Storm Sewer
Systems [VAR040] on behalf of the City, with the Virginia Department of
Environmental Quality; and that she be authorized to take such further action and
to execute and provide further documents as may be necessary to comply with and
implement the VPDES General Permit, including necessary contracts or agreements
with third parties, to complete activities outlined in the VPDES General Permit.
Mr. Dowe offered the following resolution:
(#36233-020303) A RESOLUTION authorizing the City Manager to execute, for
and on behalf of the City of Roanoke, a Virginia Pollutant Discharge Elimination
System (VPDES) General Permit Registration Statement for storm water disch, arge
from small municipal separate storm sewer systems with the Virginia Department
of Environmental Quality, upon certain terms and conditions; and authorizing the
City Manager to take such further action and to execute and provide such further
documents as may be necessary to comply with or implement the provisions of that
Registration Statement.
(For full text of Resolution, see Resolution Book No. 67, page 119.)
Mr. Dowe moved the adoption of Resolution No. 36233-020303. The motion was
seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ................................................................ -6.
NAYS: None ............................................................................ -0.
(Council Member Carder was absent.)
513
Council Member Cutler commended the City's Environmental Administrator and
other City staff on a well written document.
TRAFFIC-BUDGET-SIGNALS AND ALARMS: The City Manager submitted a
communication advising that Council has been briefed on the need to make
improvements to the City's traffic signal systems to reduce congestion and to
improve the City's ability to effectively manage the existing public street
infrastructure; and initial improvements will focus on the Orange Avenue corridor
between Gainsboro Road and Gus Nicks Boulevard, which systems will support the
daily demands of rush hour traffic, as well as occasional demands created by the
Roanoke Civic Center and the future Stadium/Amphitheater facility.
The City Manager recommended that Council approve transfer of $266,156.00
from Paving Program Account No. 001-530-4120-2010, and $63,844.00 from Streets
& Bridges, Capital Improvement Reserve Account No. 008-052-9575-9173, to a new
account in the Capital Projects Fund to be entitled, Traffic Signal Systems.
Mr. Dowe offered the following budget ordinance:
(#36234-020303) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General and Capital Projects Fund Appropriations, and dispensing
with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 120.)
Mr. Dowe moved the adoption of Ordinance No. 36234-020303. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ................................................................................... -6.
NAYS: None ...................................................................................... -0.
(Council Member Carder was absent.)
CITY ATTORNEY:
BUDGET-PARKS AND RECREATION-SCHOOLS: The CityAttorneysubmitted
a written report advising that on May 28, 1965, the National Park Service, pursuant
to the Federal Property and Administrative Services Act of 1949 conveyed, by deed,
7.83 acres of land to the City (Tax Parcel #2340121), which conveyance incl~ded
certain terms, conditions, covenants and restrictions that required the property to
be used and maintained for public park or public recreational purposes.
514
It was further advised that on January 22, 2002, Council adopted Resolution
No. 35728-012202 authorizing the Roanoke City School Board to use approximately
8.5 acres of land on the corner of 19t~ Street and Andrews Road for the new Roanoke
Academy of Mathematics and Science; the measure contained a provision that the
School Board receive the required approval from the United States Department of
the Interior for a land exchange; on November 21,2002, such approval was obtained
and the approval, release and transfer of terms, conditions, covenants and
restrictions from the above described property has been received; as a result of this
action, the City proposes to remove the terms, conditions, covenants and
restrictions enumerated in the 1965 conveyance from a 3.217 + acre tract of land,
lying within the boundary of Kennedy Park, to enable the School Board to use the
property for educational purposes, and to transfer the same terms, conditions,
covenants and restrictions to a 1.039± acre tract of land located at Riverland Road
Addition (Roanoke River Greenway properties).
The City Attorney transmitted an ordinance authorizing the City Manager to
sign a Release and Transfer of Terms, Conditions, Covenants and Restrictions
transferring the terms, conditions, covenants and restrictions from the 3.217_+ acre
tract of land lying within the boundary of Kennedy Park, to enable the School Board
to use the property for educational purpose, namely the Roanoke Academy of
Mathematics and Science, and transferring the same terms, conditions, covenants
and restrictions to a 1.039_+ acre tract of land located at Riverland Road Addition and
Primrose Avenue.
Mr. Dowe offered the following ordinance:
(#36235-020303) AN ORDINANCE authorizing the City Manager to execute a
Release and Transfer of Terms, Conditions, Covenants and Restrictions transferring
the terms, conditions, covenants and restrictions from the 3.217_+ acre tract lying
within the boundary of Kennedy Park, to enable the Roanoke City School Board to
use the property for educational purposes, namely Roanoke Academy of
Mathematics and Science; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 122.)
Mr. Dowe moved the adoption of Ordinance No. 36235-020303. The motion
was seconded by Mr. Cutler and adopted by the following vote:
515
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ..................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Council Member Carder was absent.)
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report advising that pursuant
to Chapter 9, Education, Code of the City of Roanoke (1979), as amended,
establishing a procedure for the election of School Trustees, the three-year terms
of office of F. B. Webster Day, Marsha W. Ellison and Gloria P. Manns as Trustees
of the Roanoke City School Board will expire on June 30, 2003; and Ms. Ellison is
ineligible to serve another term inasmuch as she has served three consecutive three
year terms of office.
It was further advised that pursuant to Section 9-16 of the Code of the City of
Roanoke (1979), as amended, on or before February 15 of each year, Council shall
announce its intention to elect Trustees of the Roanoke City School Board for terms
commencing July 1 through (1) public announcement of such intention att two
consecutive regular sessions of the Council and (2) advertisement of such intention
in a newspaper of general circulation in the City twice a week for two consecutive
weeks.
It was pointed out that Section 9-17 of the City Code provides that applications
must be filed in the City Clerk's Office by March 10 of each year; application forms
will be available in the City Clerk's Office and may be obtained between the hours
of 8:00 a.m., and 5:00 p.m., Monday through Friday; and information describing the
duties and responsibilities of School Trustees will also be available.
There being no questions and without objection by Council, the Mayor advised
that the report of the City Clerk would be received and filed.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted the Financial Report for the City of Roanoke for the month of
December 2002.
There being no questions and without objection by Council, the Mayor advised
that the Financial Report for December 2002 would be received and filed.
516 -
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
Y.M.C.A.-LEASES-SCHOOLS: Ordinance No. 36223, authorizing and directing
the proper City officials to enter into a lease extension between the City, the School
Board of the City of Roanoke and the Young Men's Christian Association of
Roanoke, Virginia, for use of the Jefferson High School gymnasium, upon certain
terms and conditions, to provide for a six month extension commencing on
January 19, 2003 and ending on July 18, 2003, having previously been before the
Council for its first reading on Tuesday, January 21, 2003, read and adopted on its
first reading and laid over, was again before the body, Mr. Harris offering the
following for its second reading and final adoption:
(#36223-020303) AN ORDINANCE authorizing and directing the proper City
officials to enter into a lease extension between the City, the School Board of the
City of Roanoke and the Young Men's Christian Association of Roanoke, Virginia,
for use of the Jefferson High School gymnasium, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 67, page 105 )
Mr. Harris moved the adoption of Ordinance No. 36223-020303. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith .................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member Carder was absent.)
BUDGET-RISK MANAGEMENT FUND: The Director of Finance submitted a
written report advising that the City is self-insured for certain types of claims and
insurance deductibles; funds are included in the Risk Management budget to pay
small claims and settlements; additional funds totaling $100,000.00 are needed to
pay claims for the remainder of the fiscal year; and funds are available in Risk
Management Fund Retained Earnings.
517
The Director of Finance recommended that Council adopt a budget ordinance
appropriating $100,000.00 from Risk Management Fund Retained Earnings to be
used for settlement of claims.
Mr. Harris offered the following budget ordinance:
(#36236-020303) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Risk Management Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 123.)
Mr. Harris moved the adoption of Ordinance No. 36236-020303. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ........................................................................................ -6.
NAYS: None ......................................................................................... 0.
(Council Member Carder was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
TREES: Council Member Cutler called attention to a Tree Virginia Workshop
to be held on March 5, 2003, at Virginia Western Community College.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard. Matters requiring referral
to the City Manager will be referred immediately for response, recommendation or
report to Council.
COMPLAINTS-TAXES-WATER RESOURCES: Ms. Josephine Hudson, 1111
Loudon Avenue, N. W., advised that on January 19, 2002, she received a notice of
increase in her real estate assessment and another increase was received on
January 1,2003. She expressed concern that many persons are losing their homes,
the job market is troubling, water rates in the City of Roanoke have been increased
by 35 per cent, and actions by previous City Councils to shift funds from the Water
Fund to the General Fund.
518 -
CITY MANAGER COMMENTS:
CITY GOVERNMENT: The City Manager advised of two new programs to be
initiated by the City; i.e.: a "citizen university" which will afford citizens the
opportunity to receive indepth exposure to various aspects of City government; and
the City's version of a "welcome wagon", which is designed to provide new
residents to the City of Roanoke with information that will acclimate them to life in
the Roanoke Valley.
At 4:20 p.m., the Mayor declared the meeting in recess for two closed
sessions.
At 4:35 p.m. the meeting reconvened in the Council Chamber with Mayor
Smith presiding, and all Members of the Council in attendance, with the exception
of Council Member Carder.
COUNCIL: With respect to the Closed Meeting just concluded Mr. Bestpitch
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler
and Mayor Smith ..................................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member Carder was absent.)
At 4:40 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in Room 159 for a continuation of the 9:00 a.m. Council work session.
At 4:45 p.m., the meeting reconvened in Room 159, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., for a continuation of the 9:00 a.m., work
session, with Mayor Smith presiding, and all Members of the Council in attendance,
with the exception of Council Member Carder.
519
WILDLIFE TASK FORCE:
The Assistant City Manager for Community Development reviewed a
communication from the City Manager under date of January 21,2003, in connection
with recommendations of the Wildlife Task Force:
1. Task Force Recommendation - Modify the current City Code, Sec. 21 -
040.2, to allow for the use of electric fences on residentially zoned
properties as a means of discouraging deer from entering a yard.
Staff Response: Modifying the current City Code to allow for the use of
electric fences will create a public safety threat. When incorporated
into residential settings, electric fences pose a significant threat to
children and/or to pets that may inadvertently come into contact with
such fencing. Although signs may be posted to alert individuals about
the presence of electric fences on a particular property, children,
depending on their age, may not be able to read and/or comprehend the
meaning of such warnings. Therefore, City staff cannot support this
recommendation.
2. Taskforce Recommendation - Enact an ordinance making it unlawful
to intentionally feed wild animals, such as deer.
Staff Response - It would be an unproductive use of staff time and
resources to draft an ordinance that would be nearly impossible to
enforce. Furthermore, elderly or home-bound citizens who place corn
or similar materials in their yards for small animals should not be
labeled as "criminals" for that action. Therefore, City staff cannot
support this recommendation.
3. Taskforce Recommendation - Establish an education program to
inform citizens of deer issues within the City and possible solutions for
managing them.
Staff Response - Public education is an effective means of raising
citizen awareness about the deer issues currently facing the City.
Brochures can be created and distributed that inform citizens on
actions they can take to assist in managing deer issues. Additionally,
public meeting(s) can be held, using guest speakers, to further educate
the community. City staffsupports this recommendation and estimates
that approximately $1,500.00 would be expended for printing and
distribution of educational materials.
520
4. Taskforce Recommendation - The City to allocate sufficient staff and
resources to handle the deer and wildlife management programs.
Staff ResPonse - Representatives from the following departments are
currently involved with and working on issues identified by the Wildlife
Taskforce: Police, Parks and Recreation, Planning, Building and
Development, Housing and Neighborhood Services, Environmental and
Emergency Management and the City Attorney. A further explanation
of allocating resources (money) will be discussed in item #6.
5. Taskforce Recommendation - The Virginia Department of Game and
Inland Fisheries (DGIF) should be contacted to provide the City
assistance with its deer issues.
Staff Response -The DGIF previously has been contacted regarding the
deer issue in Roanoke and several representatives have attended
Wildlife Taskforce meetings to provide their knowledge and guidance
to the group. Staff personnel have contacted Jay Jeffreys, Wildlife
Biologist, DGIF, who has pledged his continued support to assist the
City with management of its deer issues. While the DGIF is able to
provide the services of its personnel to aid the City with deer issues,
due to the budget situation on personnel issues, it is not in a position
to provide monetary assistance to the City at this time. However, the
DGIF has indicated to staff that the State's revised deer management
plan will be available in 2004, which could offer additional guidance for
managing the City's deer issues.
6. Taskforce Recommendation - Culling the deer herd in a safe,
efficient and humane manner. Two options for culling the deer herd
were provided and include:
A. Obtain a depopulation permit (DPOP) and institute an
Urban Archery Program - Apply to the DGIF for a DPOP
permit and participate in the Urban Archery Program as a
means of deer control.
B. Obtain an 'Official Deer Kill Permit' - Apply to the DGIF
to be permitted to institute a sharpshooting program in the
City as a means of deer control
521
Staff Response - Application for inclusion in the Urban Archery
Program should be made by May 1, 2003. The Wildlife Taskforce
anticipated that the archery program would be staffed primarily by
volunteer archery groups under the auspices of the Police Department.
To pursue obtaining a DPOP of 'Official Deer Kill Permit' through the
DGIF, Sec. 21-80 of the City Code would have to be modified to permit
the discharging of firearms, under special circumstances, within the
limits of the City. Furthermore, the costs associated with instituting
and managing the program are substantial. Contracting with a deer
management firm could cost approximately $3,000.00 for initial
consultation and site assessments of proposed depopulation areas
within the City. The actual removal effort is estimated at $150.00 -
$200.00 per deer, depending on concentration.
The City Manager recommended that the City contract with a private company,
or site consultant, White Buffalo, Inc., and submit a recommendation to Council on
proposed actions to be taken and costs to be incurred.
The City Manager's recommendation was approved by consensus of the
Council.
ZONING ORDINANCE UPDATE:
The Director of Planning and Code Development advised that a Zoning
Ordinance update is a major implementation activity and follows up with adoption
of the Comprehensive Plan, sets policy regarding land use decisions, helps to
implement some of the missions of the Comprehensive Plan primarily dealing with
the use of land; and the City's Zoning Ordinance was last updated in 1987. He stated
that the process is divided into three phases; i.e.: Phase I - Reconnaissance - July-
November, 2002; Phase II - Ordinance Draft and Public Comment - January - June
2003; and Phase III - Hearings and Adoption - July - September, 2003. He further
advised that work to date on the Zoning Ordinance update involves hiring a
consultant, establishment of eight focus groups, public meetings, steering
committee meetings, a diagnosis report and a structural code outline. He stated
that City staff is currently in Phase II of the process which includes the drafting
process, internal staff review and steering committee review; under review is
districts in which listed uses are allowed and permitted by right or by special
exception, zoning district base regulations for each zoning district, permitted uses
and dimensional regulations and supplemental regulations for each district. He
indicated that the next steps include steering committee review and discussion on
special purpose/overlay district, supplemental regulations for particular uses,
522
landscaping, parking, signs, development standards, administration, procedures
and development of a public review document; the zoning map will be reviewed
based on establishment of districts and regulations in the draft ordinance and City-
wide workshops in April - June, consideration of public feedback by the steering
committee and redrafting as necessary by the consultant. He stated that Phase II,
which excludes the hearings and adoption portion of the process, involves City
Planning Commission and City Council public hearings in July - August 2003, with
adoption of the Zoning Ordinance in September 2003.
At 5:00 p.m., the Mayor declared the meeting in recess until Tuesday,
February 4, 2003, at 8:30 a.m., for the Roanoke City Council/Roanoke City School
Board Retreat to be held at the Vinton War Memorial, 814 Washington Avenue,
Vinton, Virginia.
The City Council meeting reconvened on Tuesday, February 4, 2003, at
8:30 a.m., at the Vinton War Memorial, 814 Washington Avenue, Vinton, Virginia, for
a City Council/Roanoke City School Board Retreat.
CITY COUNCIL MEMBERS PRESENT: William D. Bestpitch, M. Rupert Cutler
Alfred T. Dowe, Jr., (arrived late), Linda F. Wyatt and Mayor Ralph K. Smith ......... 5.
CITY COUNCIL MEMBERS ABSENT: Vice-Mayor C. Nelson Harris and Council
Member William H. Carder .............................................................. -2.
SCHOOL TRUSTEES PRESENT: F. B. Webster Day, Marsha W. Ellison,
Melinda J. Payne, Ruth C. Willson, William H. Lindsey, Robert T. Sparrow and
Chairperson Gloria P. Manns ................................................. -7.
SCHOOL TRUSTEES ABSENT: None ...................................... --0.
STAFF PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City Clerk; E. Wayne
Harris, Superintendent of Schools; and Cindy Lee, Clerk to the Roanoke City School
Board.
The facilitator for the meeting was Lyle Sumek, Lyle Sumek Associates.
COUNCIL-SCHOOLS: Mr. Sumek reviewed the agenda for the day which
would include a year-in review; 2002 performance report, including City/School
achievements and the working relationship between the City and the Schools;
partnership framework, including roles and responsibilities of the School Board and
the Mayor/City Council; looking to the future (2003 and beyond); major challenges
523
facing the City and the Schools and the City/Schools jointly; key issues for the City
and the Schools and the City/Schools jointly; work agenda for 2003, including target
for action, discussion with regard to expectation and action outline, and specific
game plan; and actions for partners by the two bodies.
Based on recent interviews with Council and the School Board, Mr. Sumek
advised that the 2003 agenda for both Council and the School Board is:
Funding: Short term, long term, needs, mandates, requirements versus
revenues
Lobbying agenda: (December, then ongoing briefing) joint lobbyist
Joint marketing program
Transportation Services
Teacher salaries: keeping competitive
Teacher attraction and retention
School staff to reflect students: strategy
Stadium
Audits: Action Plan, oversight
Services: Youth At Risk - task force
School Board: Appointments
High School Project: Commitment, Debt service
Middle School - After School Program
New grants - Expand the program
Administration/teachers: succession plan and replacement
Health care costs: cost containment strategy
Sales tax (one-half-one cent) for education
524
"No Child Left Behind" program funding (Federal program)
"English for Students" Program: Funding
School Accreditation: Standards of Learning
School Nurses Program: Direction/funding
Workforce Development: City/School strategy (link to economic
development)
Fleet facility: location, design, funding
Technology in Schools: upgrade
Guidance Program: direction, funding
Summer School salaries
Community Learning Center: funding
The Members of Council and School Trustees worked in two groups to
brainstorm the following questions: What was achieved during the past year? What
worked and what did not work?
From the standpoint of Council Members, the following items were identified:
Three/four year old pre school program
Roanoke Academy for Mathematics and Science
groundbreaking. Additional funding by the City for
community facility to be a part of this project
Plans for a new bus garage
Plans for new stadium/amphitheater
Continued meetings in schools/use of some facilities for
community meetings, neighborhood planning, etc.
HOST program - City employees who are volunteers
From
525
Student Government Day and a number of other mock
Council sessions with third/fourth graders who visit the
Mayor's Office
Interns from CITY School who worked with various City
departments
Greenways that are used by students for track team/field
science projects
Certain fire stations have adopted schools to visit on a
regular basis
City Attorney's Office participation in the "Barrister Book
Buddies" program in the schools
Joint use agreement between Parks and Recreation and
the School division
the School Board's perspective, the following items were identified:
Roanoke Academy of Mathematics and Science
groundbreaking
Stadium progress
New transportation conceptual plan
Financial reporting awards for record keeping
Progress on the Standards of Learning
Drop out rate
Dedicated marketing positions
Preschool program
Audit presentation (Letter of Engagement)
Safe and orderly schools
526
The following items were identified by the School
improvement:
Two time winner of the McGothlian award
REA (Roanoke Education Association) grants (reading)
NCLB (No Child Left Behind) Readiness
Maintained time line for high school upgrades
New Board Member appointments
Roanoke Valley School Boards Consortium
HOSTS/Community Partners (City of Roanoke mentors)
The School Board identified the following which have worked well:
Good relationship with Superintendent
City Manager/Superintendent of Schools have a good
working relationship
"Buddy system" is working well, but needs improvement
Legislative package
At risk children
Audit Progress is working well
Funding formula
Recognition of additional funding (The School Board
knows the amount of funds to be received in advance and
is sometimes allocated more than the estimated amount).
Board as needing
Ongoing two.way communication (buddy system)
Better coordination of City/School programs
527
Reassessment of the joint meeting format (Council/School
Board
At 9:40 a.m., Council Member Dowe entered the meeting.
From the Council's perspective, the following were identified as working well:
"Buddy system" is better for some than for others
Improved acceptance of auditing process
Joint reports for legislative agenda both at School
Board/City level, as well as the regional level (School
Board Consortium, Regional Leadership Summit, Virginia
First Cities Coalition, Virginia Municipal League)
There is a less confrontational relationship between
Council and the School Board
Unresolved concern over responses to audit findings
Debt service funding - the City is continuing to add to the
money that is being set aside to build the new high
schools - the funding formula is working well
Facility charges (City using school facilities and Schools
using City facilities)
Mr. Sumek reviewed the following items that were identified by the two bodies
as their agenda for 2002:
Budget and Financial Strategy
Use of Facilities - (School/City; City/School)
Youth Recreation Programs and Services
School Access to Technology
School Involvement/Participation in Economic
Development
528 -
School Facilities and Renovation
Teachers Salaries
Public Information Strategy
Audit
Victory Stadium
Mr. Sumek advised that the School Board's agenda for 2002 included the
following:
Foster Better Communications by:
Following Protocol - Mayor/School Board Chairman
Communicate with each other
Reassess joint meeting format
Will pair up with Council
communication (buddy system)
to improve/enhance
Mr. Sumek advised that at the 2002 retreat, the School Board indicated that it
needs the following from Council in order to be successful:
Adequate funding
Information
Joint effort to market Roanoke City Public Schools
Reinstitute presentations to Council:
Once per month by School Administration and City
Management presentations to School Board.
Mr. Sumek advised that in 2002, issues identified for joint problem solving
included:
Athletic facilities (joint use of facilities)
Marketing of schools, communities
Budget
Communication
529
He stated that also at the 2002 retreat, the following collective actions were
agreed to by Council and the School Board:
Establish procedures for joint problem solving using two
Board and two Council Members to address issues
By the end of January 2002, each Board Member will make
contact with their Council "buddy" at least twice.
Mr. Sumek advised that at the 2002 retreat, the Mayor and Members of Council
identified the following actions that the Council is willing to take:
Initiate better communications with the School Board
Communicate to citizens the negative impact of "tax cuts"
on the City's ability to provide services
Pledge to maintain funding level to schools (recommend
prioritizing teacher salaries over facilities)
He noted that Council identified the need for the following from the School
Board in order to be successful:
Communication
Partnership
Long-term strategic plan
He stated that in 2002, Council identified the following issues for joint problem
solving:
Local funding
Schools as community centers
Marketing
Coordination of services for "at risk kids"
Look for "leveraging opportunities"
Mr. Sumek reviewed the roles and responsibilities of the School Board, as
follows:
Determine policy: School system
Establish goals/direction: vision of the school system
Be an advocate: schools/quality education
53O
Work with Council:
To share information
To solve problems
To address issues
Monitor/manage "school" resources
Listen to the community
Educate the community on education - School issues and
opportunities
Serve as a Board of Directors - education system
Mr. Sumek reviewed the roles and responsibilities of Council:
Establish vision and goals
Determine policy
Develop financial policies, manage financial resources
Establish guidelines and hold the School Board
accountable
Work with School Board:
To share information
To solve problems
To address issues
Be an advocate: City/Quality Education
Serve as a City corporate Board of Directors
Mr. Sumek reviewed, from the 2002 retreat, the following common themes
among Council Members and School Trustees to provide the City of Roanoke with
the "best" education:
Schools fully accredited, passing the Standards of
Learning
Well qualified, top quality teachers
Meeting the educational needs of all children
Technology proficiency
Graduates prepared for life, ready for lifelong learning
Excellent facilities and equipment to support educational
programs
531
Positive parental involvement
Schools integrated into the community infrastructure
Students achieving their potential
Recognition for educational excellence
Mr. Sumek reviewed Roanoke's Vision 2012, Principals to Guide the Future:
Recognized as the Capital of western Virginia: economic,
government service, culture
Strong neighborhoods: quality City infrastructure, livable homes
Recognized for educational excellence: First rate schools,
preschools to universities
City connectivity with universities and colleges
River front developed as an exciting, mixed-use focal point: to
live, to work, to play
Protection of our natural beauty and resources
Reuse and redevelopment of and for better uses
Businesses and individuals investing in Roanoke, in downtown
Entertainment destination point: major events, sports and
festivals
Young adults choose to live here: reputation as an exciting place
to live
Ease in travel to and from Roanoke: air, rail, highway
Quality water supply: adequate, affordable costs meeting
community needs
Strong community pride in Roanoke
532
Financially sustainable City government with cost-effective service
delivery
Mr. Sumek reviewed Roanoke 2008 goals:
Healthy Local Economy
Strong Neighborhoods
Vibrant Greater Downtown
Quality Services: Responsive, Cost Effective
Mr. Sumek requested that the Council and the School Board meet in groups
to brainstorm the following question: What are some of the issues facing the
City/Schools over the next one to two years?
From the perspective of Council, the following items were reported in regard
to challenges facing the City:
Career and technical education
Funds in order to maintain services
Fall out from State funding cuts
Standards of Learning
Storm Water Management
Decreases in the budget of the Constitutional Officers who
have turned to the City to make up for State budget cuts,
and the City ends up picking up the slack
How to pay for, build and maintain newly built
infrastructure
Effective economic development program
A way to restructure the City's tax system
Work force training
Better linkage with Virginia Western Community College
533
Maintaining the existing high quality of life in the Roanoke
Valley to attract new employers
Preparing the work force through the Higher Education
Center, Virginia Western Community College, Workforce
Program and the "One Stop Program
Communicate opportunities for jobs for young people with
vocational education
More communication is needed between mechanics,
artisans, craftsmen
From the perspective of the School Board, the following items were reported
with regard to challenges facing the schools:
Funding programs when grant monies are exhausted
Teacher salaries reaching national/average range once
again
Pre-school programs to meet need
High school extended day
High school upgrades
Summer school teacher salaries
2004 diploma requirements
Dedicated tax for education
Full accreditation for all schools
Declining enrollment
Health insurance costs (package for employees)
Health services to students
School nurses
534
Providing services for special education students
Acting on audit funding due to financial constraints
Continuing to address audit findings
School Board appointments
Recruiting and maintaining quality staff at all levels
NCLB (No Child Left Behind) requirements
At 12:00 noon, the meeting was declared in recess for lunch.
At 1:00 p.m., the meeting reconvened at the Vinton War Memorial with all
Members of the Council and the School Board present, with the exception of Council
Member Carder and School Trustee Payne.
School Trustee Meiinda Payne left the meeting.
Mr. Sumek divided participants into four groups to address issues that are
common to both Council and to the School Board; i.e: stadium, joint marketing and
branding program, partnering with business for workforce development, health care
for students, facility use policy, fleet facility, and lobbying. Each group was
instructed to develop an action plan for the issue assigned to their group.
The four groups reported as follows:
STADIUM:
Reaching a decision on track facility for the schools
Ensure that athletic directors continue to be involved as
stakeholders with design/construction process
Keep the School Board informed of the progress (City
construction put to bid in April 2003)
Address process of schedule: concessions, fees,
operating issues
LOBBYING:
Ramp up City/School participation in the Virginia First
Cities Coalition and appoint a City School representative
to the subcommittee for education.
(Superintendent Harris has appointed Dick Kelley,
Assistant Superintendent for Operations).
(In a discussion of the matter, Superintendent Harris
advised that Mr. Kelly has served as the lobbyist for the
school division since 1981 and has been successful in
building a sound relationship with legislators which has
proven to be invaluable to the school system and he
prefers to maintain the relationship.)
Engage a single lobbyist to represent City/Schools interest
on increased funding for education
Continued lobbying for Schools by Dick Kelley, Assistant
Superintendent.
Continued monitoring by Virginia School Board
Association and Virginia Municipal League.
Use School Board members and Mayor/Council Members,
citizens as relationship-building lobbyists.
HIGH SCHOOL UPGRADES:
Recap where we have been and where we are now
Upgrade estimated cost (Patrick Henry High School - $38
million and William Fleming High School - $40 million)
Ensure that all options have been considered
May 2004 projected start for Patrick Henry
Determine how we pay for facilities (Patrick Henry and
William Fleming High Schools)
535
536
(Superintendent Harris advised that the total budget for
the projects is $78 million ($38 million for Patrick Henry
and $40 million for William Fleming); the Schools and the
City have agreed to share equally in debt service
requirements for the projects; the Schools have
accumulated $950,000.00 of the $1.6 million debt reserve
required for the Patrick Henry project; the remaining
$650,000.00 of the Schools' required debt reserve for the
Patrick Henry project will be accumulated during fiscal
year 2003-04 ($350,000.00) and fiscal year 2004-05
($300,000.00); the Schools' debt service reserve required
for the William Fleming project is $1.8 million; the
Schools' debt service requirements for the William
Fleming project will be accumulated during the three fiscal
years from fiscal year 2005-06 to fiscal year 2007-08
($600,000.00 per year).
HEALTH CARE FOR CHILDREN:
Identify efficiencies and bring together health providers
Examine current efficiencies for Roanoke City Health
Department and School Nurses (define roles and
responsibilities)
Better educate parents (responsibilities, programs and
resources)
Evaluate City/School policy - occupational health/health
science
FACILITY USE POLICY:
City using school facilities and Schools using City
facilities
Reciprocity policy - need for recognition of mutual
benefits of cooperation (attitude - try to help one another)
Pay direct costs, but eliminate fees on both sides (a
"wash") for the purpose of enhanced good will. (The City
Manager suggested the appointment of a subcommittee
composed of Council Members, School Board members
and staffto address the matter; and Ms. Wyatt suggested
that the Roanoke Civic Center Commission be represented
on the subcommittee.)
PARTNER WITH BUSINESS FOR WORKFORCE DEVELOPMENT:
537
Why would the City and Schools want to partner with
business?
Leverage support from the private sector
Meet work force training needs of Roanoke
Area employees (leverage of curriculum)
Cooperative education/jobs upon graduation
Identify methods to expose young students to career
opportunities
Actions include:
Communicate purpose of business partnership (Business
Round Table)
Economic Development Breakfast with CEO's/add School
Board representative
Political support from business for education funding
Assess effectiveness of business partnership versus
making appropriate mid-course corrections
Regional Economic Development Partnership Study (K-12)
include Schools and Council
Items listed for citizen involvement and participation in City and School
system policies and decisions are:
538
Include school representative in "City University"
Business involvement training sessions
Increase parentental involvement in school/teacher
meetings (fresh approach through free food, pot luck,
provision of child care, bus transportation/buses to tour
neighborhoods)
Communicate the importance of citizen involvement
Address problems, of intimidation (how to make parents
feel welcome in the schools)
JOINT MARKETINGIBRANDING:
Identify strengths/deficits
Repackage deficits as assets
Aggressively market Roanoke to realtors through a
proactive plan
Aggressively market Roanoke to the business community
Coalition with the Chamber of Commerce
Informal meetings with business, through focus groups
with a team of Council Members and School Board
members
Involve schools in City's branding process
(It was the consensus of the two bodies that this is a topic
that needs a subcommittee composed of Council and
School Board representatives.)
REDUCED FUNDING STREAM FROM STATE:
Lobby to have State pay its fair share for JLARC-School
construction --
539
Local - identif~ revenue sources for high schools for debt
service
HEALTH CARE FOR EMPLOYEES:
Create a City/School committee to explore combined
health care programs to capitalize on cost containment
compatibility (Employees, administration/Council/School
Board.)
Explore creation of a regional consortium to pool
employee base and containment costs.
Mr. Sumek called attention to comments with regard to topics to be addressed
at future Council/School Board quarterly meetings, and noted that the above listed
items are appropriate topics for discussion by Council and the School Board.
However, he encouraged the two bodies to engage in dialogue rather than
presentations.
A statement was made by a School Trustee that the School Board often feels
as though it is on trial when it meets with Council in the quarterly meeting sessions;
whereupon, the City Manager advised that rather than meeting with Council at
5:00 p.m., when Council is short on time and preparing for its 7:00 p.m. session,
Council recently initiated a procedure to meet on the first Monday of each month at
9:00 a.m., for briefings, meetings with other groups, interviews, discussion of
agenda items on the 2:00 p.m. docket; etc.; therefore, meetings with the School
Board could be scheduled at 9:00 a.m. work session in lieu of the 5:00 p.m dinner
meeting getting. It was noted by a Member of Council that many times, the issue is
whether the meeting is taking place on the Council's "turf" or on the School Board's
"turf"; whereupon, it was suggested that two meetings be held at the 9:00 a.m.,
Council work session and that two meetings be held at a location to be determined
by the School Board. Seating was also discussed inasmuch as it appears that
during joint meetings, Council Members sit together as a group and School Board
Members sit together as a group. It was the consensus that for future work
sessions, Council Members and School Board Trustees will sit with their "buddies",
and City/School staff will sit with their counter parts. It was also noted that timing
of receipt of the printed agenda is problematic for the School Superintendent;
whereupon, it was the consensus that the joint agenda will be distributed one week
prior to the joint meeting. It was suggested that proposed agenda items will be
discussed by Council at its work session on the first Monday of the month preceding
the joint meeting.
540
Mr. Sumek suggested that quarterly meetings include dialogue with regard to
the progress of the two subcommittees which are to be appointed to address
branding and a facilities use policy, and that progress reports will become a routine
part of the agenda.
Them being no further business, the City Council meeting was adjourned at
4:10 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor