HomeMy WebLinkAboutCouncil Actions 11-15-04Dowe
36894-111504
ROANOKE CITY COUNCIL
REGULAR SESSION
NOVEMBER 15, 2004
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--Roll Call. (Council Member Cutler was
absent.)
The Invocation was delivered by Vice-Mayor Beverly T. Fitzpatrick, Jr.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor C. Nelson Harris.
Welcome. Mayor Harris.
NOTICE:
Today's Council meeting will be replayed on Channel 3 on Thursday,
November 18, 2004, at 7:00 p.m., and Saturday, November 20, 2004, at
4:00 p.m. Council meetings are offered with closed captioning for the
hearing impaired.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY
COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS,
ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF
INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF
ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S
OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH
AVENUE, S. W., OR CALL 853-2541.
THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL
AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO
ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT
VWWV. ROANOKEGOV.COM, CLICK ON THE ROANOKE CITY COUNCIL ICON,
CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE
ACROBAT SOFTWARE TO ACCESS THE AGENDA.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO
REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE
TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR
SPEAKERS WILL BE ALLO'I-rED FIVE MINUTES EACH, HOWEVER, IF THERE ARE
MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLO'I-FED THREE
MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL
APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMI'I-rEE IS
REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR
ACCESS THE CITY'S HOMEPAGE AT WWW. ROANOKEGOV.COM, TO OBTAIN
AN APPLICATION.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A Resolution memorializing the late Charles R. Hill, former Mayor of the
Town of Vinton.
Adopted Resolution No. 36894-111504. (6-0)
File #80-367
Proclamation declaring December 4, 2004 as Alpha Phi Alpha Fraternity 98th
Founder's Day.
File #3
CONSENT AGENDA
Approved (6-0)
ALL MA'I-rERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO
BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY
ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
C-1
Minutes of the regular meetings of Council held on Monday,
September 20, 2004, and Thursday, October 7, 2004, which was recessed
until Wednesday, October 13, 2004.
RECOMMENDED ACTION: Dispense with the reading of the
minutes and approve as recorded.
C-2
A communication from Mayor C. Nelson Harris 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.
RECOMMENDED ACTION: Concur in the request.
File #110-132
C-3
A communication from Mayor C. Nelson Harris 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)(IO), Code of Virginia (1950),
as amended.
RECOMMENDED ACTION: Concur in the request.
File #80-132
3
C-4
C-5
A communication from the City Manager requesting that Council
schedule a public hearing for Monday, December 6, 2004, at 2:00 p.m., or
as soon thereafter as the matter may be heard, to authorize encroachment
of an awning into the public right-of-way at 105 Wall Street, S. E.
RECOMMENDED ACTION: Concur in the request.
File #28-169
Qualification of the following persons:
Charles E. Hunter, III, as a Director of the Industrial
Development Authority, for a term ending October 20, 2008;
Terri R. Jones as a member of the Roanoke Arts Commission,
for a term ending June 30, 2007;
Mornique E. Smith as a Commissioner of the Roanoke
Redevelopment and Housing Authority, for a term ending
August 31,2008; and
Gregory W. Staples as a member of the Personnel and
Employment Practices Commission, for a term ending June 30,
2007.
RECOMMENDED ACTION: Receive and file.
File #15-110-1 78-202-207-230
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS:
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
NONE.
BRIEFINGS:
Farmers Market
- 10 Minutes
City Market Building
- 45 Minutes
Council voted to hold in abeyance any lease agreement
with a national food chain for rental of space in the City
Market Building; the City Manager was requested to report
to Council with regard to development of a broad strategic
plan for the City Market/City Market building, including
renovations, future of the market building, and a funding
subsidy; and the City Manager was further requested to
address management issues relating to the City Market
building.
File#42
ITEMS RECOMMENDED FOR ACTION:
Execution of a deed concurring in the conveyance of property
owned bySEMCO Inc. ofVirginiato SEMCO Duct and Acoustical
Products, Inc., located at the Roanoke Centre for Industry and
Technology.
Adopted Ordinance No. 36895-111504. (6-0)
File #207
Approval of the terms of a Performance Agreement with IMD
Investment Group, LLC, in connection with development of
property located at the northwest corner of Franklin Road and
Wonju Street, S. W.
Adopted Ordinance No. 36896-111504. (6-0)
File #207-450
Adopted Ordinance No. 36897-111504 authorizing
an additional 24 months to complete the recordation
process in connection with action taken by Council
pursuant to Ordinance No. 36462-081803 to
permanently vacate, discontinue and close a 15 foot
public right-of-way extending in a northeasterly
direction from the northerly boundary of Densmore
Road, N. W., between Official Tax Nos. 2670906 and
2671005.
File #388-514
7. REPORTS OF COMMITTEES:
Presentation of the proposed 2005 Legislative Program. Vice-Mayor
Beverly T. Fitzpatrick Jr., Chair.
Adopted Resolution No. 36898-111504. (6-0)
File #110-137
Presentation of the Roanoke Neighborhood Advocates 2003-2004
Annual State of the Neighborhoods Report. Sandra B. Kelly, Vice-
Chair, Spokesperson.
No Action.
File #110-488
Request of the Roanoke City School Board for appropriation and
transfer of funds to various school accounts; and a report of the
Director of Finance recommending that Council concur in the request.
Kenneth F. Mundy, Executive Director of Fiscal Services,
Spokesperson.
Adopted Budget Ordinance No. 36899-111504. (6-0)
File #60-467
Request of the Roanoke City School Board for authorization by Council
to issue general obligation qualified zone academy bonds, in an
aggregate principal amount not to exceed $1,600,000.00, for
financing a portion of the cost to repair, rehabilitate or equip Fallon
Park Elementary School. Kenneth F. Mundy, Executive Director of
Fiscal Services, Spokesperson.
Adopted Resolution No. 36900-111504. (6-0)
File #467
6
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
10. MOTIONS AND MISCELLANEOUS BUSINESS:
ao
Inquiries and/or comments by the Mayor and Members of City
Council.
Council Member Dowe requested that Council observe a
moment of silence at the 7:00 p.m. session in memory of
the late Bishop Antonio Thomas, Pastor, Spirit of Life
Church International.
File #80-367
Council Member Dowe congratulated the William Fleming
High School Colonels, winners of the Blue Ridge District
Football Championship.
File #388-467
Council Member Lea inquired about the status of the
former Roanoke Academy of Mathematics and Science
building. The City Manager responded that the capital
budget calls for demolition of the building and
reassignment of the property to the City of Roanoke.
File #467
Council Member Wishneff inquired if the deer management
contract has been approved by Council. The City Manager
responded that funds have been appropriated and two
contracts have been executed.
File #54-212
Vacancies on certain authorities, boards, commissions and
committees appointed by Council.
1 1. HEARING OF CITIZENS UPON PUBLIC MA'I-FERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MA'I-I'ERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED
IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO
COUNCIL.
Mr. Jim Fields, 1 7 Ridgecrest Road, Hardy, Virginia, encouraged
citizens to attend the public hearing to be held at Lucy Addison
Middle School on November 16, 2004, at 7:00 p.m., to provide
input with regard to the future of Victory Stadium. He stated
that the citizens of the City of Roanoke should make a decision
on the fate of Victory Stadium via a referendum, and suggested
that Victory Stadium be promoted for outdoor events from May-
December, with profits to be used for renovation of the stadium.
File #122
Ms. Helen E. Davis, 35 Patton Avenue, N. E., spoke against the
proposed methadone clinic at the corner of Hershberger and
Cove Roads, N.W. She called attention to 64 instances that the
company that will operate the methadone clinic has been cited
for violations of State regulations at clinics in West Virginia.
Council Member Lea requested that the City Attorney investigate
the alleged citations.
File #76
Mr. Robert E. Gravely, 727 29th Street, N. W., encouraged
citizens to attend a meeting which will be held on November 30,
2004, at 7:00 p.m., at Lucy Addison Middle School in connection
with community concerns. He spoke with regard to the lack of
economic growth in the City of Roanoke, the City's promotion of
businesses versus the overall well being of its citizens, and the
need to provide more jobs for Roanoke's disadvantaged citizens
and youth population.
File #66-175-304
12. CITY MANAGER COMMENTS:
The City Manager commended City employees on the indoor
garage/yard sale which was held in the Exhibit Hall at the
Roanoke Civic Center on Saturday, November 13, 2004, the goal
of which was to educate the public on recycling, litter control
and other related programs.
File #144-184
The City Manager called attention to the Greater Roanoke Transit
Company Safety Awards Banquet which was held on Sunday,
November 14, 2004, at which time awards were presented to
public transit drivers with 34 consecutive years of safety on the
road and two drivers were recognized for reaching the one
million mile mark in driving City of Roanoke public transit buses.
She commended all employees of the transit company for the
service they provide to the citizens of the Roanoke Valley.
File #55-80
CERTIFICATION OF CLOSED SESSION. (6-0)
THE COUNCIL MEETING WILL BE DECLARED IN RECESS FOR TWO CLOSED
SESSIONS.
The following persons were appointed/reappointed to certain
boards and committees:
Youth Services Citizen Board
File #15-110-304
Board of Zoning Appeals
File #15-51-110
Earnestine Garrison for a term
ending May 31,2007.
Kermit E. Hale and BenJamin
S. Motley for terms ending
December 31,2007.
ROANOKE CITY COUNCIl
REGULAR SFS$10N
NOVEMEER IR 2004
Z'O0 P.M.
OTY COUNCIl CHAMEER
AGENDA
Call to Order -- Roll Call.
The Invocation was delivered by Council Member Alfred T. Dowe, Jr.
A moment of silence was observed in memory of Bishop Antonio D. Thomas,
Pastor, Spirit of Life Church International.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Harris.
Welcome. Mayor Harris.
NOTICE:
The Council meeting will be televised live on RV'I'V Channel 3 to be replayed
on Thursday, November 18, 2004, at 7:00 p.m., and Saturday,
November 20, 2004, at 4:00 p.m. Council meetings are offered with closed
captioning for the hearing impaired.
l0
A. PUBLIC HEARINGS:
Request of Preston A. Waldrop that property located at 3830 Keagy
Road, S. W., identified as Official Tax No. 513011 7, be rezoned from
RS-l, Residential Single Family District, to C-2, General Commercial
District, subject to certain conditions proffered by the petitioner·
Daniel F. Layman, Jr., Attorney.
Denied. (5-1)
File #51
Proposal to adjust the aggregate amount of the Fiscal Year 2004-
2005 Technology Fund Budget, in an amount not to exceed
$716,270·00, in connection with appropriation of funds for the
Capital Maintenance and Equipment Replacement Program for
Technology. Darlene L. Burcham, City Manager.
Adopted Budget Ordinance No. 36901-111504. (6-0)
File #60-270
HEARING OF CITIZENS UPON PUBLIC MA'I-FERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MA'I-FERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED
IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO
COUNCIL.
Mr. Gary Harkrader, 2928 Rosalind Avenue, S. W., expressed
opposition to leasing space in the City Market building for a
Subway restaurant. He requested that the "mom and pop" types
of restaurants in the Market building be protected.
File #42
C. NELSON HARRIS
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building~ Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
November 15, 2004
Council Members:
M. Rupert Cutler
Alfred T. Dowe, Jr.
Beverly T. Fitzpatrick, Jr.
Sherman P. Lea
Brenda L. McDaniel
Brian J. Wishneff
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Colleagues:
This is to advise that I will not be present at the Council meeting on November 15, 2004.
I will be participating, as a committee member, in a meeting of the Sustainable Oceans,
Coasts and Waterways Advisory Committee of the H. John Heinz Center of Science,
Economic and the Environment in Washington.
With best regards.
Sincerely,
MRC:snh
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
M. Rupert Cutler
Council Member
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanok¢.va.us
November 18, 2004
File #80-367
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mrs. Charles R. Hill, Sr.
622 Olney Road
Vinton, Virginia 24179
Dear Mrs. Hill:
I am enclosing copy of Resolution No. 36894-111504 memorializing the late
Charles Ray Hill, Sr., a former Town Councilman and Mayor of the Town of Vinton.
The Mayor, Members of Council and citizens of the City of Roanoke send their
deepest condolences.
The abovereferenced measu re was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, November 15, 2004.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of November, 2004.
No. 36894-111504.
A RESOLUTION memorializing the late Charles Ray Hill, Sr., a former Town
Councilman and Mayor of the Town of Vinton.
WHEREAS, the members of Council learned with sorrow of the passing of Mr. Hill on
November 8, 2004;
WHEREAS, Mr. Hill was a graduate of Jefferson Senior High School and served with the
322nd Signal Battalion, V Corps, U. S. Army, Frankfurt, Germany;
WHEREAS, Mr. Hill worked for Colonial American National Bank for 39 years, and
retired as Regional Branch Administrator;
WHEREAS, Mr. Hill was a member of the Vinton Host Lions Club for 29 years, and
served for one term as president and 10 years as treasurer;
WHEREAS, Mr. Hill served on the Fifth District Planning Commission, 15 years on the
Executive Committee with one term as chairman; on the Board of Virginia Recreational
Facilities Authority; the Board of Regional Partnership; the Board of the Vinton Chamber of
Commerce, including a term as President; and the Board of the Dogwood Festival, including one
term as president;
WHEREAS, Mr. Hill was one of the founders of the Vinton Christmas Parade;
WHEREAS, Mr. Hill was a member of the Grand Squares Dance Club and the Thrasher
Dancers;
WHEREAS, Mr. Hill was a member of Thrasher Memorial United Methodist Church,
where he was a member of the finance committee and treasurer for 10 years, and member and
president of the Pedigo Bible Class;
WHEREAS, Mr. Hill served four years as Town Councilman and 20 years as Mayor of
the Town of Vinton.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. City Council adopts this resolution as a means of recording its deepest regret and
sorrow at the passing of Charles Ray Hill, Sr., and extends to his family its sincerest
condolences.
2. The City Clerk is directed to forward an attested copy of this resolution to Mr.
Hill's wife, Ellen Gross Hill, of Vinton, Virginia.
ATTEST:
City Clerk
K:kMEASURESLR-Hillmemorialrcsolution.doc
Office of the Mayor
CITY OF ROANOKE
WHEREAS, Alpha Phi Alpha Fraternity was founded in 1906 at Cornell University in
Ithaca, New York; Alpha Phi Alpha Fraternity was the first intercollegiate Greek-letter
J?aternity established 98 years ago for African-Americans by seven college men who
recognized the need for a strong bond of brotherhood among African descendants in this
country; and
WHEREAS, the following four Alpha Phi Alpha Fraternity members have received
tribute stamps from the United States Postal Service for their contributions to the country
in leadership, civil rights, activism, performing arts, and jurisprudence: Martin Luther
King, Jr., ~E.B. DuBois. Whitney ik[ Young and Thurgood Marshall; and
WHEREAS, Alpha Kappa Lambda Chapter Alpha Phi Alpha Fraternity was
chartered in the City of Roanoke in 1928 with members from the Roanoke Valley and the
New River Valley; the Chapter has demonstrated community leadership in the Roanoke
Valley for over 70 years and is noted for its contributions in the fields of medicine,
education, public service, business and religion; past and present members of the
Chapter include Noel C. Taylor, John H Powell, Judge E. David Cheek, George E.
Wilson, Courtney Penn, The Reverend Kenneth B. Wright, and Randy E. Donaldson; and
WHEREAS, Alpha Kappa Lambda Chapter, Alpha Phi Alpha Fraternity is composed of
approximately 50 members under the leadership of Christopher Medley, Chapter
President; Chapter activities include Project Alpha "a male responsibility" program in
partnership with the March of Dimes, Total Action Against Poverty "Fatherhood
Initiative", "Go to High School - Go to College" which encourages students to stay in
school and to pursue post secondary education, Big Brothers Big Sisters Program,
Annual High School Scholarship A ward, and March of Dimes - Walk America.
WHEREAS, Alpha Kappa Lambda Chapter, Alpha Phi Alpha Fraternity, Incorporated.
will observe its 98th Founder 5 Day Weekend Celebration in the City of Roanoke on
December 4 - 5, 2004.
NOW, THEREFORE, 1, C Nelson Harris, Mayor of the City of Roanoke, Virginia, in
recognition of a commitment to manly deeds, scholarship and love for all mankind
through education, leadership and community service, do hereby proclaim Saturday,
December 4, 2004, throughout this great All-America City, as
ALPHA PHI ALPHA FRATERNITY 98th FOUNDER'S DA Y.
Given under our hands and the Seal of the City of Roanoke this fifieenth day of November
in the year two thousand and four.
AITESI?
Mary F Parker
City Clerk
C Nelson Harris
Mayor
273
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
September 20, 2004
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
September 20, 2004, at 2:00 p. m., the regular meeting hour, in the Roanoke
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris 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, and pursuant to Resolution No. 36762-070604 adopted by
Council on Tuesday July 6, 2004.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe,Jr., Beverly T.
Fitzpatrick, Jr., Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff and Mayor
C. Nelson Harris .................................................... 7.
ABSENT: None ............................................... O.
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 The Reverend Adrian Dowell, Pastor,
Shiloh Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor C. Nelson Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGEMENT: The Mayor advised that earlier this year,
three employees of WDBJ Television traveled to the western Ukraine to participate
in an exchange program with the radio and television company, Vezha. He
explained that the Ukraine Media Partnership Program is funded by the United
States State Department and coordinated by the International Research and
Exchange Board to promote the development of independent media.
On behalf of the Members of Council, the Mayor welcomed a delegation
from Ivano-Frankivsk who will be visiting the Roanoke area for two weeks as a
part of the exchange program.
274
The Mayor presented Honorary Citizen Certificates to Larysa Freyishyn,
Anzhelika Demyanova and Olena Tretyak and an iris tile, which is the official
flower of the City of Roanoke. He presented the interpreters with a City coaster
etched with the City of Roanoke's new branding logo.
ACTS OF ACKNOWLEDGEMENT-SISTER CITIES: Dr. Robert Roth, Chair,
Roanoke Sister Cities, presented an archive of information relative to the Sister
Cities Program, including files, newsletters, etc., which represent a
comprehensive report on activities of the organization dating back to 1968. He
advised that one copy of the information will be filed with the Executive Director
of Roanoke Sister Cities and one copy will be presented to the City of Roanoke
for display at the City's Main Library.
ACTS OF ACKNOWLEDGEMENT-VIRGINIA AMATEUR SPORTS/
COMMONWEALTH GAMES-SPORTS ACTIVITIES: Peter Lampman, President,
Virginia Amateur Sports, Inc., expressed appreciation for the City of Roanoke's
support of the Virginia Commonwealth Games which were held in the City of
Roanoke on July 16-18, 2004, and represents the 1.5th anniversary of the
Commonwealth Games. He reviewed the economic impact of the Commonwealth
Games on the Roanoke Valley; i.e.: 75 per cent of all athletes were under the age
of 18, 1.1 per cent were from the Richmond area, 1.2 per cent from northern
Virginia, 13 per cent from the Lynchburg area, 36 per cent from eastern Virginia,
and 26 per cent from the Roanoke Valley. He stated that the average length of
stay for athletes was 2.36 days, daily expenditures based on figures provided by
the Roanoke Valley Convention and Visitors Bureau is estimated at $1.50.00 per
person, totaling approximately $4.2 million, and local sales tax based on 4.5 per
cent is approximately $192,000.00, excluding restaurant, food and beverage
taxes.
Mr. Lampman presented a plaque in appreciation of the support of the City
of Roanoke and Virginia Commonwealth Games t-shirts to the Members of
Council.
PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT: The Mayor presented a
proclamation to Mr. Stuart Harris, President, Greater Roanoke Valley Character
Coalition, declaring the month of October 2004, as Building Character Month.
The Building Character Month proclamation was issued jointly by the City
of Roanoke, Roanoke County, the City of Salem, the Town of Vinton and Franklin
County.
275
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, the item would be removed from the Consent Agenda
and considered separately. He called specific attention to four requests for
Closed Session.
COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson
Harris requesting that Council convene in a Closed Meeting to discuss vacancies
on certain authorities, boards, commissions and committees appointed by
Council, and to interview applicants for one vacancy on the Architectural Review
Board, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended,
was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the Mayor to
convene inaCIosed Meeting as above described. The motion was seconded
by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
CITY COUNCIL-CITIZEN OF THE YEAR: A communication from Mayor
C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss
the Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(10), Code of
Virginia (1950), as amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the Mayor to
convene inaCIosed Meeting as above described. The motion was seconded
by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
PURCHASE/SALE OF PROPERTY-CITY COUNCIL: A communication from the
City Manager requesting that Council convene in a Closed Meeting to discuss
disposition of publicly-owned property, where discussion in open meeting would
adversely affect the bargaining position or negotiating strategy of the public
body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended,
was before the body.
276
Mr. Fitzpatrick moved that Council concur in the request of the City
Manager to convene in a Closed Meeting as above described. The motion was
seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
CITY PROPERTY: A communication from the City Manager requesting
that Council schedule a public hearing for Monday October 18, 2004, at
7:00 p.m., or as soon thereafter as the matter may be heard, with regard
to a proposed agreement with Colonial Partners, EEC., in connection with
development of approximately 23-acres of City owned property located on
Colonial Avenue, S. W., was before the body.
Mr. Fitzpatrick 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 Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
(The public hearing was later rescheduled to Monday, November 15, 2004 at
7:00 p.m., or as soon thereafter as the matter may be heard in the City Council
Chamber.)
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY-ROANOKE ARTS
COMMISSION-COURT COMMUNITY CORRECTIONS BOARD-VIRGINIA ALCOHOL
SAFETY ACTION PROGRAM-TOWING ADVISORY BOARD: A report of the City Clerk
advising of the qualification of the following persons, was before Council.
A. L. Gaskins as a member of the Regional Virginia
Alcohol Safety Action Program Policy Board for a term
ending June 30, 2006;
A. L. Gaskins as a member of the Court Community
Corrections Program Regional Community Criminal
Justice Board for a term ending June 30, 2007;
277
Charles R. Brown as a member of the Towing Advisory
Board for a term ending June 30, 2007;
FrankW. Feather as a member of the Fair Housing Board
for a term ending March 31, 2007; and
Kristi Pedelty as a member of the Roanoke Arts
Commission for a term ending June 30, 2007.
Mr. Fitzpatrick moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Dowe and adopted bythe following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
CITY COUNCIL-ECONOMIC DEVELOPMENT: A communication from the City
Manager requesting that Council convene in a Closed Meeting to discuss a
prospective business where no previous announcement of the interest of the
business in locating its facilities in the City of Roanoke has been made, pursuant
to Section 2.2-37].1 (A)(5), Code of Virginia (1950), as amended, was before the
body.
Mr. Fitzpatrick moved that Council concur in the request of the City
Manager to convene in aCIosed Meeting as above described. The motion was
seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
COMMITTEES-RAIL SERVICE: Former Mayor David A. Bowers advised that
with the announcement by the Governor of a change ln State policy, a
change in policy by Norfolk Southern, and a willingness to consider
bringing passenger rail service back to Roanoke, the Passenger Rail
Service Committee, which was appointed by Council to represent the City of
Roanoke on matters involving passenger rail service, requests consideration
by Council in connection with reactivating the Passenger Rail Service Committee.
278
He stated that the City of Roanoke is a railroad town; Roanoke's citizens want
passenger rail service; in the 1990's, there was an effort to bring AMTRAK to
Roanoke, but a change in Congressional funding ended the prospect; therefore,
members of the Passenger Rail Study Committee were pleased with the
announcement by the Governor that the Commonwealth of Virginia is now
interested in pursuing the issue with Norfolk Southern of having what is referred
to as service railroad come into Roanoke. He compared service railroad to the
lines of the Virginia Railway Express from the Washington area to Fredericksburg
Virginia, or the North Carolina ra Iroad which is operated by the State of North
Carolina along Norfolk Southern lines, or the Mark system which is an intercityor
interurban railroad in the State of Maryland. He requested that the City of
Roanoke assume its role in a decision that will be made by Norfolk Southern
based on marketing and business concerns and by the Commonwealth of Virginia
based on budget concerns, by promoting Roanoke as a site for a passenger rail
service station.
Council MemberWishneffsuggested that Mayor Bowers' request be held in
abeyance until following a meeting of the Roanoke Valley Leadership Summit
which will be held on Friday, September 24, 2004, at 12:00 p.m., in Bedford
Virginia, at which time representatives of Norfolk Southern Corporation will
address intermodel transportation issues and the position of Norfolk Southern
regarding passenger rail service for the Roanoke Valley.
Vice-Mayor Fitzpatrick concurred in the remarks of Mayor Bowers that the
City of Roanoke should be prepared to make the necessary commitments as a
community so that if the prospect presents itself, Roanoke will be ready to
respond. He stated that Council will review the request to determine if there is a
need for a new committee, or if the current composition of the Passenger Rail
Service Committee is satisfactory. He expressed appreciation to Mayor Bowers
for calling the matter to the Council's attention; however, he cautioned that there
should not be a duplication of efforts by the Passenger Rail Service Committee
and the TransDominion Express.
Council Member Cutler referred to the feasibility of a regional approach to
return passenger rail service to Roanoke which would be similar to previous
actions to attract a Iow fare air carrier to the community by involving persons
from the private sector and from other local governments. He stated that he is
encouraged by the willingness of Norfolk Southern to consider public funding for
its Heartland Corridor line east to west, to use public funds to enlarge the
tunnels in West Virginia to bring freight from Norfolk, Virginia, to Columbus,
Ohio; a partnership between public funding and Norfolk Southern could
potentially lead to an improvement of the north-south rail line along the
Shenandoah Valley to remove freight from 1-81; and it is hoped that the entire
partnership attitude will include the return of passenger rail service to the
Roanoke Valley.
279
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFING: See page .
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-YOUTH: The City Manager submitted a communication
advising that the City of Roanoke has been selected as a grantee for the third
year of a three-year funding cycle for the Runaway and Homeless Youth Program
under provisions of the Runaway and Homeless Youth Act; the amount of the
grant is $12,675.00 annually, which funds will be used to cover the salaries and
fringe benefits of a Youth Counselor III, a Youth Counselor II, a Relief Counselor
and related program activities in the Sanctuary Outreach program; and the
required local match is offered as in-kind services.
It was further advised that the U. S. Department of Health and Human
Services awards grants for services in three year cycles; the project period for the
grant commenced on September 30, 2002, and will end on September 29, 2005;
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 Sanctuary 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
services linkages, after care services, case disposition and recreation
opportunities.
The City Manager recommended that Council adopt a measure accepting
$126,675.00 in 2004-2005 funding from the U. S. Department of Health and
Human Services, Grant No. 03CY0433/3, for Sanctuary's Runaway and Homeless
Youth Outreach program; authorize the City Manager to execute other forms
required by the Department of Health and Human Services, to be approved as to
form by the City Attorney; and appropriate $126,675.00 in Federal funds to
expenditure accounts in the Grant Fund in certain accounts to be established by
the Director of Finance and adopt a revenue estimate in the same amount in the
Grant Fund.
Mr. Dowe offered the following ordinance:
(#36845-092004) AN ORDINANCE to appropriate funds for the Runaway
and Homeless Youth Act Program, amending and reordaining certain sections of
the 2004-2005 Grant Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page ].12.)
280
Mr. Dowe moved the adoption of Ordinance No. 36845-092004. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................... 7.
NAYS: None .................................................. 0.
Mr. Cutler offered the following resolution:
(#36846-092004) 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 Sanctuary
Outreach Program; and authorizing the execution of the necessary documents.
(For full text of resolution, see Resolution Book No. 69, Page 113.)
Mr. Cutler moved the adoption of Resolution No. 36846-092004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris ................................................... 7.
NAYS: None .................................................. 0.
Council Member Lea inquired as to the number of homeless youth in the
City of Roanoke and in the Roanoke Valley; whereupon, the City Manager advised
that she would respond to the question later in the Council meeting.
BUDGET-HUMAN DEVELOPMENT-GRANTS: The City Manager submitted a
communication advising that the Virginia Department of Social Services issued a
Request for Proposals to use Federal funds to provide job search, coaching, and
job retention services for hard-to-serve TANF recipients; the City of Roanoke
Department of Social Services responded with a proposal outlining its intent to
work collaboratively with TAP - This Valley Works, to provide work-related
services; under the proposal, eligible TANF recipients who must obtain
employment, but who have not been in compliance with certain regulatory
requirements, are provided with customized job search assistance; case
managers work with individuals to develop and initiate an individualized plan of
action to meet compliance requirements and to assist in securing and
maintaining employment; the project began in 2001 and is now in its fourth year;
and the City of Roanoke was awarded $76,400.00 in grant funding under the
TANF Hard-to-Serve Project for a portion of the State's fiscal year 2005 (May 1,
2004 through November 30, 2004).
281
The City Manager recommended that Council appropriate funds, in the
amount of $76,400.00, and establish a corresponding revenue estimate in
accounts to be established by the Director of Finance in the Grant Fund.
Mr. Dowe offered the following ordinance:
(#36847-092004) AN ORDINANCE to appropriate funding for the
Temporary Assistance For the Needy Families Hard-To-Serve Grant, amending
and reordaining certain sections of the 2004-2005 Grant Fund Appropriations,
and dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page ].].4.)
Mr. Dowe moved the adoption of Ordinance No. 36847-092004. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................. 0.
Mr. Dowe offered the following resolution.
(#36848-092004) A RESOLUTION authorizing acceptance of a grant award
under the Temporary Assistance for Needy Families (TANF) Hard-to-Serve Project
from the Virginia Department of Social Services, for the purpose of providing job
search, job coaching and job retention services for eligible TANF recipients who
must obtain employment, and authorizing execution of any and all necessary
documents to comply with the terms and conditions of the grant.
(For full text of resolution, see Resolution Book No. 69, Page 115.)
Mr. Dowe moved the adoption of Resolution No. 36848-092004. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDanieI, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................. 0.
BUDGET-HUMAN DEVELOPMENT-GRANTS: The City Manager submitted a
communication advising that the Virginia Department of Social Services has
allocated funds from the Federal TANF Grant to eligible State community-based
services; funds must be used for the purpose of job retention and wage
advancement of TANF recipients, or for former TANF recipients, in the period of
ineligibility; and in 2003, the City of Roanoke implemented a collaborative
project with Botetourt, Craig, Franklin, and Roanoke Counties, known as
MedVlEW.
282
It was further advised that for fiscal year 2005, allocation for the project is
$68,057.00 which must be expended by November 30, 2004; monies will be
used to fund a contractual agreement with Goodwill Industries of the Valleys for
delivery of medical assessment services and job development services for hard-
to-employ recipients of TANF benefits; and the contract provides for up to four
one-year extensions.
The City Manager recommended that Council appropriate funds for job
retention and wage advancement, totaling $68,057.00, and establish a revenue
estimate of $68,057.00 in an account to be established by the Director of
Finance in the Grant Fund.
Mr. Dowe offered the following ordinance:
(#36849-092004) AN ORDINANCE to appropriate funding for the
Temporary Assistance For Needy Families Grant for job retention and wage
advancement, amending and reordaining certain sections of the 2004-2005
Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 115.)
Mr. Dowe moved the adoption of Ordinance No. 36849-092004. The
motion was seconded by Mr. Lea and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................. 0.
Mr. Fitzpatrick offered the following resolution:
(#36850-092004) A RESOLUTION authorizing acceptance ora grant award
from the Federal Temporary Assistance for Needy Families (TANF) funding
allocated by the Virginia Department of Social Services in the amount of
$68,057.00 for the purpose of providing job retention and wage advancement of
TANF recipients or for former TANF recipients in the period of ineligibility, and
authorizing execution of any and all necessary documents to comply with the
terms and conditions of the grant.
(For full text of resolution, see Resolution Book No. 69, Page 116.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36850-092004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
283
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................. O.
BUDGET-GRANTS-LIBRARIES: The City Manager submitted a
communication advising that in 2001, the City of Roanoke public library system
received a grant from the Bill and Melinda Gates Foundation to purchase
computers for public use; the computers, located at the Main Library, Melrose,
Gainsboro, Jackson Park and Roanoke Law Library branch locations, were
equipped with the latest educational and research software and enhanced the
library system's ability to foster computer-literacy among Roanoke citizens; in
July 2004, the Bill and Melinda Gates Foundation provided funding to the Library
of Virginia to begin the Stay/ng Connected Grant Program, which funding,
combined with Library Services and Construction Act grant funds, is available to
Virginia public libraries that were eligible and chosen to participate in the Bill and
Melinda Gates U. S. Library Program in 2001; the Roanoke Public Library system
was notified that it is eligible for a new grant of $].3,850.00 to purchase ten new
public computer work stations; the additional public workstations will be
installed in the Main Library, Roanoke Law Library, Melrose, Gainsboro and
Jackson Park Branches; and the new computers will enable the public library
system to expand customer access to on-line educational and research
information.
The City Manager recommended that Council accept the Stay~rig Connected
grant, in the amount of $].3,850.00, and that she be authorized to execute an
agreement with the Library of Virginia and any other forms that might be
necessary to accept said grant, with all documents to be approved as to form by
the City Attorney; and appropriate $].3,850.00 in grant funds to Account No.
035-650-9752-90].5 to be established in the Grant Fund by the Director of
Finance and establish a corresponding revenue estimate in the Grant Fund.
Mr. Cutler offered the following ordinance:
(#3685 ].-092004) AN ORDINANCE to appropriate funding for the Staying
Connected Grant, amending and reordaining certain sections of the 2004-2005
Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page ].].6.)
Mr. Cutler moved the adoption of Ordinance No. 3685].-092004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
284
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................. O.
Council Member Cutler suggested that Randall Funding and Development,
Incorporated, the City's grant consultant, inquire as to the feasibility of acquiring
grant monies from the Bill and Melinda Gates Foundation to be used as a source
of funding for construction of the City's new main library.
Mr. Fitzpatrick offered the following resolution:
(#36852-092004) A RESOLUTION authorizing the acceptance of the
Staying Connected Grant from the Bill and Melinda Gates Foundation in the
amount of $].3,850 to purchase ten new public computer work stations for the
Roanoke Public Library System; and authorizing the execution of the necessary
documents.
(For full text of resolution, see Resolution Book No. 69, Page ].18.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36852-092004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................. O.
HEALTH DEPARTMENT-LEASES: The City Manager submitted a
communication advising that the City of Roanoke and the Commonwealth of
Virginia, by the Virginia Department of Health (VDH), entered into a Lease
Agreement dated June 5, 200]., granting the Virginia Department of Health
permission to lease office space located at 5].5 and 530 8'" Street, S. W.; term of
the Lease Agreement began on July ]., 2001 and terminated on June 30, 2004;
and the Virginia Department of Health has leased space from the City of Roanoke
for a number of years prior to the most recent agreement and desires to continue
leasing the space for another year; and VDH planned to enter into a new sub-
lease with the City for space located at the Civic Mall; however, the VDH is not
prepared to enter into the new sub-lease this year due to budgetary concerns.
It was further advised that VDH has proposed an amendment to the current
lease agreement to extend the term by one year, which will establish a new
expiration date of June 30, 2005, with all other terms and conditions of the
agreement to remain unchanged; and the Lessee will continue to pay rent in the
amount of $38,950.00 per quarter.
285
The City Manager recommended that she be authorized to execute the
appropriate documents, to be approved as to form by the City Attorney, to
amend the Lease Agreement dated June 5, 2001, for space located at 515 and
530 8'h Street, S. W., to the Commonwealth of Virginia for use by the Virginia
Department of Health.
Mr. Cutler offered the following ordinance:
(#36853-092004) AN ORDINANCE authorizing the City Manager to execute
an amendment to the Lease Agreement dated June 5, 2001, between the City of
Roanoke and the Commonwealth of Virginia, by the Department of Health
("VDH"), to extend the term of the current lease agreement by one year, with an
expiration date of June 30, 2005, for office space located at 515 and 530 8'h
Street for the VDH, upon certain terms and conditions, and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page :~18.)
Mr. Cutler moved the adoption of Ordinance No. 36853-092004. The
motion was seconded by Ms. McDaniel.
Council Member Cutler inquired if the City's representatives to the General
Assembly are aware of the interest of the Health Department to relocate to the
Civic Mall from the 8'h Street site, and will the matter be addressed as a part of
the City's 2005 Legislative Program.
Vice-Mayor Fitzpatrick, Chair of the Legislative Committee, advised that
the matter can be discussed at the October 18 meeting of the Legislative
Committee. He stated that members of the City's delegation to the General
Assembly are aware of the interest of the Health Department to relocate, but no
progress has been made due to funding issues at the State level.
The City Manager advised that Delegate Onzlee Ware is in the process of
arranging avisit by the Governor to the present Health Department facilities. She
called attention to the importance of including the matter as a 3art of the City's
2005 Legislative Program.
Ordinance No. 36853-092004 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................. 0.
286
CITY CODE-FEE COMPENDIUM-STREETS AND ALLEYS: The City Manager
submitted a communication advising that the 2003 Citizen Survey ranked Street
Paving Maintenance and Repair as an issue of high importance; Roanoke's
Comprehensive Plan, Vision 2001_-2020, stresses the importance of a quality
street system linking the community; Council's Strategic Plan 2004 envisions
developing "strong neighborhoods through quality city infrastructure"; and in
response to these goals, City staff has worked with local utility companies,
contractors and developers for many months to develop a written policy for
utility excavation and restoration.
The City Manager transmitted the proposed final draft of the City of
Roanoke R/qht of Way Excavation and Restoration Standards dated September 20,
2004 (Standards); and advised that staff has briefed Council on the progress and
necessity of such standards throughout development of the new standards.
It was noted that in order to implement the Standards, several changes to
the City Code will be necessary; specifically, certain sections of Chapter 30,
Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended,
should be amended or repealed and one new Code section should be added,
which is new Section 30-49, that authorizes the City Manager to promulgate the
Standards; the amendment to Section 30-1 changes the class of the
misdemeanor from a Class 4 to Class 3 misdemeanor for a violation of the
chapter (the effect of the class change is to increase the fine from $250.00 to a
maximum of $500.00 per violation); other amendments or deletions are to make
the standards compatible with the City Code; proposed Standards provide a
document detailing the procedures, permits, materials, methods, workmanship
and quality desired for work within Roanoke's public street rights-of-ways; and
the document, when combined with proactive inspection by City staff and
cooperation of the utility community, will result in quality pavement repairs that
are performed in a timely manner.
In addition, it was noted that a new fee structure is proposed for an
Excavation Permit (formerly called a Street Opening Permit); the permit fee will
increase from $36.00 to $50.00 and the new permit will have a fixed duration of
30 days; in order to answer concerns from utility companies on the limited
duration, a 60 day permit is also available from $100.00 to cover the increase in
inspection coverage; and the increased fee, while not recovering all expenses for
services provided, aligns Roanoke's fee with other comparable jurisdictions.
The City Manager recommended that Council adopt recommended City
Code provisions, in order to promulgate the Standards, including any
modifications thereto; amend the Fee Compendium to provide for a revised fee
schedule, effective December ]., 2004; and authorize the City Manager to take
such further action as may be necessary to implement and administer such
Standards.
287
Mr. Dowe offered the following ordinance:
(#36854-092004) AN ORDINANCE amending §30-1, Violations of chapter,
of Article I, In General, amending Article III, Street Excavations; and amending
§30-88, Security, of Division 2, Construction of Sidewalks by Property Owners, of
Chapter 30, Streets and sidewalks, Code of the City of Roanoke (1979), as
amended, by amending, adding or repealing certain sections of Chapter 30 in
order to promulgate standards and any modifications thereto, and take such
other action as required to implement such standards; permitting the use of a
letter of credit as an additional form of security; providing for an effective date;
and dispensing with the second reading by title paragraph of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 11.9.)
Mr. Dowe moved the adoption of Ordinance No. 36854-092004. The
motion was seconded by Mr. Fitzpatrick.
Gary Robertson, Executive Director of Water Operations, Western Virginia
Water Authority, expressed appreciation to City staff and to Council for working
with utility companies to develop standards for paving and street excavation. He
emphasized that the Western Virginia Water Authority is fully supportive of the
desire of Council to improve the drivability of Roanoke's streets; however, he
stated that the Water Authority is concerned about two specific issues; i.e.: the
Water Authority does not have adequate staff or equipment to address paving
requirements. He stated that in the past, utility cuts in the City of Roanoke were
performed by the City's Streets Department; therefore, the Water Authority would
like to participate in the City's contract for street paving, particularly milling
within the City limits, as a cost saving measure. He called attention to a concern
regarding interpretation of the one year warranty on pavement cuts and
requested more definition/clarification on warranty cut expiration. He stated
that there is also a fear of the unknown and requested that City staff and Council
be willing to readdress the issue at a later date if necessary.
John D'Orazio, Executive Vice-President, Roanoke Gas Company, reiterated
the remarks of Mr. Robertson. He stated that a primary concern relates to the
minimum amount of milling and paving that the Gas Company is required to
perform, therefore, it is difficult to obtain bids from contractors on small jobs
since most of their cost is in the mobilization and demobilization of equipment.
He advised that Roanoke Gas Company, like the Western VirginiaWaterAuthority,
would like to participate in the City's paving contract in order to be more cost
effective. He expressed appreciation for the opportunity to work with City staff
on the proposed utility cut standards and advised that Roanoke Gas Company is
in agreement with the proposed standards.
288
In response to concerns raised by Mr. Robertson and Mr. D'Orazio,
George C. Snead, Jr., Assistant City Manager for Operations, advised that the
milling issue would only occur on those streets that have a lane line in the
center, which significantly simplifies the milling and paving issue since a
significant number of utility cuts will occur on neighborhood streets that do not
have a center line. He stated that the City was firm on the most important issue;
i.e.: a one quarter inch tolerance standard, which will create a more rideable and
aesthetically pleasing street; the square footage size for cuts as a threshold to
mill and pave was increased to 40 square feet; there is some flexibility in options
for fill material because each situation will be different, with the goal of getting
the same solid compaction and over paving; an agreement was also reached for a
quality control plan that will allow contractors to train their teams working in the
streets in accordance with certain basic technology in order to measure the
compaction of fill material and pavement; and depth of the bench cut was
reduced in certain situations to simplify the process. With reference to
participation in the City's paving and milling contract, he advised that City staff
is addressing the request and responding to questions in connection with State
procurement laws; and other issues are being addressed in regard to scheduling
and reinspections and over the next 12 months, it is hoped that the process will
work smoothly, timely, with a quality result, without causing a major financial
impact on any affected entity. He stated that the goal of the City Manager is to
make the process work and if there are components that do not work, staff is
committed to addressing the necessary revisions.
Ordinance No. 36854-092004 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
Mr. Fitzpatrick offered the following resolution:
(#36855-092004) A RESOLUTION amending the City's Fee Compendium to
provide revised fees for Right of Way Excavation Permits, formerly Street Opening
Permits; increasing the fee from $36.00 to $50.00 in order to promote uniformity
of the City's fees with other comparable jurisdictions; and providing for an
effective date of December 1, 2004.
(For full text of resolution, see Resolution Book No. 69, Page 124.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36855-092004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
289
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... O.
ROANOKE CIVIC CENTER: The City Manager submitted a communication
advising that the Roanoke Civic Center opened in 1971 as a multi-function venue
that included the Coliseum, Exhibit Hall, Parlors, and Auditorium; at the time the
facility was constructed, many cities used the terms Parlor and Auditorium to
describe areas in public assembly facilities; today, the quality and types of events
held at civic facilities have changed the image of public assembly facilities; most
facilities no longer refer to parlors, but call these spaces suites or meeting
rooms; and many public assembly facilities have changed venue identification
from auditorium to more specific terms that better describe the use of the
facility, such as theatre, performing arts center, cultural center, etc.
It was further advised that in August 2004, the Roanoke Civic Center
Commission was informed of the proposed name changes of the Auditorium and
Parlors and the Civic Center Commission was in agreement that the name
of the meeting spaces should be changed from Parlors to Meeting Rooms
1, 2, 3, 4, and 5; consideration was given to actually naming the rooms, but the
consensus was to keep room identification simple; and the Civic Center
Commission also agreed that Roanoke Performing Arts Theatre was a better
name for the Auditorium since the City hosts the Roanoke Symphony Orchestra,
concerts, Broadway musicals, plays, ballets, and other cultural events; and in
order to implement the name changes, approval by Council is required.
The City Manager recommended that Council adopt a measure changing
the name of the Parlors to Meeting Rooms 1-5 and changing the name of the
Auditorium to Roanoke Performing Arts Theatre, with the name change to be
revealed at the first Broadway show of the 2004-2005 season; and
announcement of the new name will also be an opportune time to showcase
renovations that have been completed, including a refinished stage, new
dimming light system, all new seats with a center and cross aisle, and aisle
carpeting.
Mr. Cutler offered the following resolution:
(#36856-092004) A RESOLUTION renaming the Roanoke Civic Center
Auditorium as the Roanoke Performing Arts Theatre, and renaming the Roanoke
Civic Center Parlors A, B, C, D and E as Meeting Rooms 1, 2, 3, 4 and 5.
Mr. Cutler moved the adoption of Resolution No. 36856-092004. The
motion was seconded by Mr. Dowe.
290
Vice-Mayor Fitzpatrick advised that in lieu of using numbers on the
Parlors, he would prefer to name the Parlors after localities surrounding the City
of Roanoke, which will also speak to the City's pride in the region.
Dr. Cutler concurred in the remarks of Vice-Mayor Fitzpatrick and advised
that consideration should also be given to geographic locations, as well as
regional names for the meeting rooms. He called attention to publications that
currently refer to the Roanoke Civic Center Auditorium as the Roanoke
Performing Arts Theatre, even though no formal action has been taken by the
Council to rename the facility. He inquired about the rationale behind using
British spellings instead of American spellings for such institutions as the
Roanoke Riverside Biomedical Research "Centre" as opposed to "Center" and the
Roanoke Performing Arts "Theatre" as opposed to "Theater".
The City Manager responded that changing the name of the Roanoke Civic
Center Auditorium to the Roanoke Performing Arts Theatre was previously
approved by the Roanoke Civic Center Commission prior to requesting the
approval of Council; however, it is hoped that patrons of the Civic Center
Auditorium will be pleasantly pleased with the new theatre that now has a center
isle and other improved accommodations. The City Manager suggested that
naming the meeting rooms after Roanoke Valley localities should be referred to
the Roanoke Civic Center Commission for recommendation to Council.
Mr. Fitzpatrick moved that Resolution No. 36856-092004 be amended to
delete the following: "and renaming the Roanoke City Civic Center Parlors A, B,
C, D and E as meeting rooms 1, 2, 3, 4 and 5"; and that the question of naming
meeting rooms be referred to the Roanoke Civic Center Commission for report
and recommendation to Council. The motion was seconded by Mr. Cutler and
unanimously adopted.
Mr. Cutler offered the following resolution as amended:
(#36856-092004) A RESOLUTION renaming the Roanoke Civic Center
Auditorium as the Roanoke Performing Arts Theatre.
(For full text of resolution, see Resolution Book No. 69, Page 1.25.)
Mr. Cutler moved the adoption of Resolution No. 36856-092004, as
amended. The motion was seconded by Mr. Dowe and adopted by the following
vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
291
ACTS OF ACKNOWLEDGEMENT-BRIDGES: The City Manager submitted a
communication advising that on February 3, 2003, 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; Council discussed the issue
inasmuch as the bridge could serve as a history walk to highlight the life of Dr.
King and his role in the Civil Rights movement, and could also serve as a
teaching tool for the community and as a symbol to bridge the community; and
the proposal meets the criteria of the Dr. Martin Luther King,Jr. Committee that
was previously appointed by the City Manager to submit recommendations.
It was further advised that on March 3, 2003, a motion was adopted by
Council that the newly renovated First Street Bridge be named in memory of the
late Dr. Martin Luther King, Jr., and that the City work with the Southern Christian
Leadership Conference (SCLC) with regard to design elements; and citizens in the
audience were offered an opportunity to address the motion, following which the
motion was adopted by Council.
The City Manager recommended that Council adopt a measure authorizing
the City Manager to contact the Dr. Martin Luther King,Jr., Center for Nonviolent
Social Change for consent to the naming of the First Street Bridge in honor of Dr.
King, as well as proposed design elements.
Mr. Fitzpatrick offered the following resolution:
(#36857-092004) A RESOLUTION designating and renaming the First
Street Bridge as the Dr. Martin Luther King, Jr., Memorial Bridge.
(For full text of resolution, see Resolution Book No. 69, Page 125.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36857-092004. The
motion was seconded by Mr. Dowe.
Mr. Bob Caudle, 4231 Belford Street, S. W., spoke in support of naming the
First Street Bridge in honor of Dr. Martin Luther King, Jr., and advised that the
City should also consider naming something in honor of Oliver White Hill, a local
civil rights leader. He mentioned the possibility of naming the First Street Bridge
in honor of both Dr. King and Mr. Hill since both men worked toward the same
goals.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., expressed concern that
Council's action to name the First Street Bridge in honor of Dr. King was
approved without input by the community. She stated that it is understood that
all of the people cannot be pleased with Council's actions all of the time,
but the procedure that was used in naming the bridge was out of character
and has caused much discussion and discontent within the community.
292
She further stated that the issue was discussed once again at a 9:00 a.m. work
session of the Council, no member of the Martin Luther King Memorial
Committee was in attendance; the matter is currently on the Council's agenda
and no member of the Memorial Committee is present, except a member of City
Council who serves on the Committee. She added that no formal City Planning
Commission or City Council public hearing was conducted where citizens could
provide input; the Memorial Committee was appointed by the City Manager, and
there is no documentation that the Committee had an opportunity to vote on the
recommendation before Council voted to name the First Street Bridge in honor of
Dr. King. She stated that it would appear to be in order to obtain permission
from the Martin Luther King Jr. Center for Non Violent Social Change before
Council formally acts to name the First Street Bridge in honor of Dr. King.
Council Member Cutler, a member of the Martin Luther King Memorial
Committee, called attention to an informal agreement by the King family to use
Dr. King's name for the First Street Bridge. He inquired if installation of the
memorial statue and other memorial items have been authorized; whereupon,
the City Manager responded that Council at its last work session identified the
methodology by which the bridge is to be renovated for pedestrian use, with
significant parts of the bridge to be rehabilitated as opposed to being replaced;
City staff is in the process of identifying available funding and the goal is to bid
renovation over the next several months. She stated that the City will then
address which specific elements can be afforded from those that were
recommended by the Martin Luther King, Jr. Memorial Committee, and which
components could be postponed until a later date and/or until some type of fund
raising effort is initiated. She added that at the request of Council, she has
corresponded with Congressman Bob Goodlatte requesting his assistance to
secure Federal funding to assist in the purchase and installation of certain
additional items since the original allocation by Congress would not be
appropriate for a pedestrian bridge.
Council Member Dowe advised that it would be virtually impossible to
honor a man such as Dr. King with the naming of anything, therefore, the
question is, what would be proper and fitting; there is a growing frustration
throughout the community that the City of Roanoke has not named anything in
honor of Dr. King heretofore; and whenever an attempt is made to honor Dr.
King, it will always touch on the heart of every individual. He stated that he has
received many forms of communication that support the direction of the City to
rename the First Street Bridge in honor of Dr. King, and the general consensus of
the community as a whole is that the naming of the First Street Bridge is a good
faith attempt to name something after a man who has meant so much to so many
people. If all correct procedures and protocol have been followed, he
encouraged that progress not be stagnated on the project. He expressed respect
for Ms. Bethel's opinion and encouraged her to call him with regard to specific
concerns.
293
Council Member Wishneffadvised that he supports the naming of the First
Street Bridge in honor of Dr. King, but he found the City Manager's
communication to be lacking in information. He inquired ifa specific process
was followed to reach this point.
The City Manager responded that the City adheres to an informal
procedure that naming opportunities are directed to the City Planning
Commission for a recommendation to City Council; however, this was a
significantly different issue and is not the request of an individual or an
organization for a name change, but is an item that was initiated by the Council.
She stated that in 2003, the Council unanimously voted to name the First Street
Bridge the Martin Luther King, Jr. Memorial Bridge, and the bridge has been
referred to in many ways since that time as though the naming had formally
occurred. She advised that the City Attorney pointed out at a recent Council
work session that the Council had not made the official request for the name
change to the organization that has approval rights, although Dr. PernellaWilson,
acting in her capacity as local President of the Southern Christian Leadership
Conference, has discussed the matter with certain individuals and has received
the assurance that the necessary approval will be forthcoming. She indicated
that the City Attorney is of the opinion that there should be a more official
acknowledgment of the name change inasmuch as Council generally acts through
resolution; therefore, for that reason, the item was placed on the Council's
agenda and also accounts for the brevity of the communication.
Resolution No. 36857-092004 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris: .................................................... 7.
NAYES: None .................................................. 0.
CITY CODE-REFUSE COLLECTION: The City Manager submitted a
communication advising that City Code Section 21-204 indicates that "At certain
levels, noise can be detrimental to the health, welfare, safety and quality of life
of inhabitants of the city, and in the public interest, noise should be restricted. It
is therefore the policy of the city to reduce noise in the community and to
prohibit unnecessary, excessive and annoying noises from all sources subject to
its police power".
The City Manager further advised that the servicing of privately owned bulk
containers (dumpsters), as well as the use of roll-off containers, throughout the
City of Roanoke, needs to be done during hours of the day that would be less
objectionable to the community; therefore, an amendment to the Solid Waste
Ordinance (Section 14.1) of the City Code has been developed that would limit
the servicing all bulk containers and roll-offs to between the hours of 6:00 a.m.
and 12:00 a.m.
294
The City Manager recommended that Council adopt a measure which will
limit the time that bulk containers may be serviced, effective immediately.
Mr. Dowe offered the following ordinance:
(#36858-092004) AN ORDINANCE amending and reordaining §14.1-1,
Definitions, of Article I, In General, by adding the definition of roll-off container,
and amending and reordaining Division 2, Private Collection of Bulk Containers,
of Article II, Collection by an Authorized Person, by the addition of new section
14.1-46, Removal and empt¥inq of bulk containers and roll-off containers, of
Chapter 14.1, Solid Waste Manaqement, Code of the City of Roanoke (1979), as
amended, by specifying the time roll-off containers may be removed and solid
waste may be emptied from bulk containers; and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 126.)
Mr. Dowe moved the adoption of Ordinance No. 36858-092004. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
DONATIONS/CONTRIBUTIONS-ART ACQUISITION: The City Manager
submitted a communication advising that as a result of a recent meeting initiated
by Mayor Harris with representatives of the Roanoke Arts Commission and the
artist of the Unity sculpture, an agreement was reached on the terms of
placement of the Unity Sculpture at Elmwood Park, as recommended by the
Roanoke Arts Commission.
The City Manager recommended that she be authorized to execute an
agreement withJDR ART, Inc., for installation of the Unity Sculpture in Elmwood
Park, subject to approval as to form by the City Attorney.
Mr. Fitzpatrick offered the following resolution:
(#36859-092004) A RESOLUTION accepting the donation of a work to be
known as the Unity Sculpture, upon certain terms and conditions, approving the
location for the Unity Sculpture in Elmwood Park and authorizing the City
Manager's execution of an agreement with JDR ART, Inc., in connection with
fabrication and installation of the sculpture.
(For full text of resolution, see Resolution Book No. 69, Page 128.)
295
Mr. Fitzpatrick moved the adoption of Resolution No. 36859-092004. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
CITY ATTORNEY: NONE.
DIRECTOR OF FINANCE: NONE.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
At 3:40 p.m., the Mayor declared the Council meeting in recess for a
Closed Session to interview one applicant for a vacancy on the Architectural
Review Board.
At 4:05 p.m., the Council meeting reconvened in the Council Chamber,
with all members of the Council in attendance, Mayor Harris presiding.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: Mr. Fitzpatrick offered the
following resolution reappointing Charles E. Hunter, III, as a Director of the
Industrial Development Authority for a four year term commencing October 21,
2004 and ending October 20, 2008.
(#36860-092004) A RESOLUTION reappointing a Director of the Industrial
Development Authority of the City of Roanoke, to fill a four (4) year term on the
Board of Directors.
(For full text of resolution, see Resolution Book No. 69, Page 129.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36860-092004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
COUNCIL: Mr. Cutler offered the following resolution changing the time of
commencement of the regular meeting of City Council scheduled to be held at
9:00 a.m., on Thursday, October 7, 2004, from 9:00 a.m. to 12 noon.
296
(#36861-092004) A RESOLUTION changing the time of commencement of
the regular meeting of City Council scheduled to be held at 9:00 a.m., on
Thursday, October 7, 2004.
(For full text of resolution, see Resolution Book No. 69, Page 129.)
Mr. Cutler moved the adoption of Resolution No. 36861-092004. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BYTHE MAYOR AND MEMBERS OF COUNCIL:
BRIDGES: Vice-Mayor Fitzpatrick called attention to the need for repairs to
the bridge railing at the Masons Mill Wheel, and deterioration of the sidewalk on
Wasena Bridge.
PARKS AND RECREATION-CITY COUNCIL: Council Member Dowe
commended the City Manager on her expedient response to his inquiry regarding
an air conditioning system for the Eureka Park Recreation Center.
CELEBRATIONS-SPECIAL EVENTS: Council Member Dowe commended
EventZone in connection with The Taste of the Blue Ridge Blues and Jazz Gala
which was held at The Hotel Roanoke on September 17, 2004.
SPECIAL EVENTS: Council Member Dowe expressed concern with regard to
a recent newspaper article relative to the date that Halloween will be observed in
the City of Roanoke during the year 2004, which indicated that a decision had
been made with the approval of Council to not change the date of the official
observance. However, he stated that he was not aware that the Council, as a
body, had taken an official position. He asked that all Members of the Council be
privy to information that involves the Council as a body.
ARMORY/STADIUM-SPORTS ACTIVITIES: Council Member Lea expressed
appreciation to the citizens of Roanoke and to the City Manager for their
support of the Western Virginia Education Classic which was held on Saturday,
September 11, 2004. He also expressed appreciation to City staff for their
efforts to prepare the Victory Stadium field for football which also involved
parking needs and other logistical issues.
297
Mr. Lea inquired about the feasibility of placing the responsibility of
managing Victory Stadium under the direction of the City's Department of Parks
and Recreation in view of the controversy over recent decisions to cancel high
school football games due to the condition of the Victory Stadium field. He
stated that it would appear that the Department of Parks and Recreation would
have a better understanding of the condition of the field and should be the City
department to work with school officials, athletic directors and coaches to make
decisions regarding the condition of the Victory Stadium field.
Council Member Wishneff reiterated the remarks of Mr. Lea and expressed
concern that the City is quick to cancel football games due to inclement weather
and the playability of the Victory Stadium field.
George C. Snead, Jr., Assistant City Manager for Operations, advised
that it was challenging to satisfy all users of the Victory Stadium field in
the kind of weather conditions that the Roanoke Valley experienced during
the past two weeks. He stated that based on weather reports on Thursday,
September 16, 2004, there was dialogue between School officials and the Event
Manager at the Roanoke Civic Center, and it was determined that if the football
game had been played on Friday night, there would have been substantial
damage to the Victory Stadium field; if there was error, it was made on the side
of being overly cautious and a decision was made too quickly from both a School
and a Civic facilities perspective that the football game would not be played on
Friday or Saturday night (September 17 and 18, 2004). He stated that he was not
familiar with any discussions in connection with rescheduling the football game
to another date.
Mr. Lea questioned decision making at the high school level as to why the
football game was not played on Thursday night. He advised that it was reported
that a volleyball game was to be played on Thursday evening and no one wanted
to disrupt the game; however, avolleyball game would have attracted a different
crowd, therefore, both the volleyball game and the football game could have
been played. He stated that unfortunately, William Fleming High School seems to
bear the brunt of these types of decisions; last year William Fleming experienced
problems with the rescheduling of play off games due to inclement weather, and
on Monday night the William Fleming football team will play a difficult opponent
away from home. He advised that the scheduling situation is not the fault of the
City administration, but the School administration, and athletic directors should
work together.
Without objection by Council, the Mayor advised that the question raised
by Council Member Lea to place Victory Stadium under the direction of the
Department of Parks and Recreation will be referred to the City Manager for
report.
298
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,
recommendation or report to Council.
COMPLIANTS-BRIDGES: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E.,
spoke with regard to the Proclamation declaring the month of October as
Building Character Month in the Roanoke Valley. She advised that one of the
character building traits mentioned in the Proclamation is respect; therefore, the
failure of Council to consider the input of citizens and to provide an opportunity
for citizens to voice an opinion is disrespectful. She referred to an article that
was recently published in a City publication that listed various festivals to be held
throughout the City of Roanoke, however, the Henry Street Festival, which is an
event that has been held in the City for approximately the last 15 years was
omitted. She stated that the Henry Street Festival will be held on September 25 -
26, 2004; references are periodically made at Council meetings with regard to
various other festivals, however, no mention has been made about the Henry
Street Festival, yet today, Council voted to name the Henry Street Bridge, or the
First Street Bridge, in honor of Dr. Martin Luther King,Jr. She added that homes
are being constructed in the City of Roanoke costing in the range of $1 million,
or more, when some Roanoke residents work in excess of eight hours a day and
cannot afford a $40,000.00 house. She asked if Roanoke will be a City of the
"haves" and the "have nots".
PAY PLAN-COMPLAINTS-REFUSE COLLECTION-CITY EMPLOYEES: Mr.
Robert E. Gravely, 729 Loudon Avenue, N. W., advised that downtown Roanoke is
losing money because most citizens residing in the City of Roanoke either live on
a fixed income, or in a state of economic disadvantage. He spoke with regard to
insufficient wages and working conditions for City employees in the Departments
of Sanitation and Grounds Maintenance, etc., compared to those City employees
who work in an office environment. He stated that the average worker cannot
afford to purchase a house in the City of Roanoke, and it is the responsibility of
City Council to bring the City to a standard of living that ensures quality of life
for all citizens.
CITY MANAGER COMMENTS:
GRANTS-HUMAN RESOURCES: In response to a question raised earlier in
the meeting by Council Member Lea, the City Manager reported that the Runaway
and Homeless Youth Program has served 33 young people this year.
STATE OF THE CITY REPORTS: The City Manager advised that the Mayor's
State of the City Address, which was presented on Tuesday, September 14, 2004,
will be televised on RVTV Channel 3 on Wednesday, September 22 at 9:00 a.m.
and 6:00 p.m., and on Wednesday, September 29 at 9:00 a.m. and 6:00 p.m.,
and can be viewed on the City's web site.
299
CITY INFORMATION SYSTEMS: The City Manager invited Council Members
and the citizens of Roanoke to visit the City's new web site which is more user
friendly than the previous web site.
ROANOKE CIVIC CENTER: The City Manager presented acalendar of events
for the month of October 2004 at the Roanoke Civic Center.
CITY COUNCIL-SPECIAL EVENTS: In response to a concern previously raised
by Council Member Dowe with regard to the date of official observance of
Halloween 2004 in the City of Roanoke on Sunday, October 31, 2004, the City
Manager advised that the response in the newspaper article should not be
attributed to the City Council, but to the City Manager. She extended an apology
to the Members of Council if she erred in making the decision without the
involvement of Council.
At 4:55 p.m., the Mayor declared the Council meeting in recess for a
briefing on the Housing Strategic Plan and continuation of the Closed Session.
The Council meeting reconvened in the Council's Conference Room.
HOUSING/AUTHORITY: The City Manager advised that Council previously
engaged the firm of K. W. Poore & Associates, Inc. and Development Strategies,
Inc., to develop a Housing Strategic Plan for the City of Roanoke. She introduced
Kenneth Poore and David Whitlow to ~resent a status report on the work of the
consultants to date.
It was advised that:
The Housing Strategic Plan ~s intended to develop strategies to
upgrade the overall quality and quantity of housing in order to
stabilize population, improve neighborhoods, use existing
infrastructure, provide greater diversity and choice, promote
market rate housing and increase ownership.
Major findings include a slight increase in the number of housing
units, aging housing stock, residents pay a larger percentage of
income, there are relatively smaller units, lower valued housing
units, a lower ownership rate, a declining population, vacant
units, lower income, significant replacement activity, and South
Roanoke has the highest values in the region and fewer days on
the market.
3OO
Challenges and opportunities include perceptions that are
positive, i.e.: a pleasant environment, affordable, good value,
diverse, safe, and an urban center; and perceptions that are
negative, i.e.: obsolete housing, new housing is not as desirable
as in the suburbs, schools, limited opportunities for new
development, private risk takers and lack of market rate housing.
Guiding principles include the private sector, maintain affordable
housing, comprehensive, improving quality of housing and the
time element inasmuch as there will not be an overnight fix.
Urban advantage examples: Greater Raleigh Court, Crystal
Springs and Old Southwest which are currently working well;
likely investment areas include Marshall and Day Avenues,
parking lots and Campbell Avenue, and the South Jefferson
Redevelopment area; strategic neighborhoods include Historic
Gainsboro, Southeast by Design, City suburban/neo-traditional
and Hurt Park.
Groups that will be targeted are young professionals, returning
families, empty nesters and active seniors.
Next steps in the study include a community forum, preparation
of a final plan and strategies, and adoption by the City Planning
Commission and Council.
Discussion:
Strategies will involve specifics such as the level of targeting
annual numbers which are believed to be achievable in terms of
types of housing that the City might be able to capture; a series
of conceptual designs will be provided; and priorities that are
doable in the context of the housing plan, but before details are
developed, it is important to ensure that the consultant is moving
in the right direction.
There will be coordinated efforts regarding infrastructure,
recommendations on where to make investments in such things
as streets and sidewalks, curbs and gutters; the role of
organizations such as the Roanoke Redevelopment and Housing
Authority, and the consultant will identify programs of a similar
nature that have worked well in other communities.
301
There will be action plans for each of the respective targeted
neighborhoods, or venues of housing, that are recommended by
prioritizing in order to help Council make broad decisions by
addressing the budget, commitment, time line, and perimeters of
the plan.
The private sector can be activated through the City's investment
in infrastructure which shows commitment to a neighborhood, or
a willingness to go into a specific neighborhood and make broad
changes in a number of ways, or by making certain types of
funds available for various programs.
Cities traditionally partner with the private sector to garner
investment dollars through: first, the assemblage of land that
can be leveraged, as far as a housing developer is concerned, to
make the land more attractive for investment to occur; second,
infrastructure improvements; and third, economic incentives,
building permits or certain other types of amenities that are
forgiven, by directing loans through a development corporation
which is formed by the City, whether it be a current authority or a
separate CDC in which monies can be channeled in both new
developments, as well as revitalization of certain existing areas
through rehabilitation loan funds and grant funds.
A variety of recommendations will be made that can be enacted
and prioritized to enable the City to get the most out of any
investment dollar.
· The economic growth of the community will be a driving force.
Council Member Wishneff offered a challenge that the consultants think
boldly when submitting its recommendations. He stated that a public relations,
or a marketing vehicle, is needed to educate the community about what the City
is trying to do; developers throughout the country are looking within cities for
housing and interesting buildings; however, the problem for the City of Roanoke
is that many of the City's most interesting and best buildings are located in the
flood plain. He advised that certain neighborhoods should be better organized,
and referred specifically to the Southern Hills and the Cove Road/Peters Creek
Road areas, where there appears to be much vacant and scattered land, roads
that need to be connected, and other areas in the City that appear to be "hit and
miss" in terms of development. He asked that special consideration be given to
the Wasena neighborhood which is the most distressed and some parts of Old
Southwest that have great potential.
302
The City Manager called attention to two opportunities in the immediate
future that will enable the City to be both bold and to set the tone for the
strategic housing plan. She referred specifically to the Colonial Green project on
Colonial Avenue and proposed housing opportunities on Peakwood Drive. She
stated that if the City of Roanoke does not demonstrate a commitment to the
community to develop new and different types of housing, Roanoke will
experience a major setback to whatever comes out of the strategic housing plan
study.
Vice-Mayor Fitzpatrick advised that the City of Roanoke does not have the
level of growth that is needed to sustain the kind of economic opportunity that is
necessary for residential development in the City, or in the Roanoke Valley;
therefore, there is a need to coordinate with other governments on a plan to
create more jobs and other opportunities, which will be the best approach to new
infill housing, new development, and revitalization of Roanoke's current
neighborhoods.
The Mayor concurred in the remarks of Council Member Wishneff and
advised that the Wasena neighborhood is sandwiched between Old Southwest
and Raleigh Court which are two healthy neighborhoods; and the Wasena
neighborhood has the potential for a neighborhood commercial village in the
Main Street area, which is currently in a distressed state but has the potential to
become far more. He stated that the Hurt Park neighborhood is the most
intriguing and interesting because of the presence of various types of housing
structure, i.e.: the former mansions on Patterson Avenue; therefore, he
expressed a particular interest in the recommendations of the consultant for the
Hurt Park neighborhood which will be more challenging than some of the other
neighborhoods.
If the City of Roanoke is to attract young families with children, the Mayor
stated that another issue to be considered is school district attendance zones.
He requested input by the consultant relative to how attendance zones are
configured and their impact, either positively or negatively, upon the viability of
housing in the neighborhoods.
Mr. Whitlow advised that schools and school attendance districts are
outside of the scope of the housing study, however, general guidelines can be
provided that could change the way that schools are perceived, and the concept
of neighborhood schools appears to be key to the success of many cities.
Following receipt of the report of the consultant, the Mayor advised that
there should be a discussion between Council leadership and School Board
leadership as to whether Roanoke's school attendance zones are creating the
kind of sustainable neighborhoods that the City is striving to achieve.
303
The City Manager asked that Council encourage citizens to attend focus
group and community meetings to provide their input into the Housing Strategic
Plan.
At 5:45 p.m., the Council convened is Closed Session in the Council's
Conference Room.
At 7:00 p.m., on Monday, September 20, 2004, 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 C. Nelson Harris presiding.
PRESENT: Council Members Brenda L. McDaniel, Brian J. Wishneff, M. Rupert
Cutler, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea and Mayor
C. Nelson Harris ..................................................... 7.
ABSENT: None .................................................. O.
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 Sherman P. Lea.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGEMENT-SPORTS ACTIVITIES-SCHOOLS: The Mayor
and Members of Council commended the Patrick Henry High School Boys Tennis
Team as undefeated Western Valley District Champions for 2004, and winners of
the first tennis team State title in the history of Patrick Henry High School, with a
20 - 1 overall record.
The Mayor advised that the tennis team consists of Robert Edwards, Chris
Hincker, Joseph Salamoun, Ryan Luckay, Alex Hincker, Tyler Early, Sandy Huff,
Brock Newton, Tom Raneyand Giles Roberts. He stated that during the 2004
tennis season, several team members won district and regional competitions,
i.e.: Brock Newton defended his Northwest Regional single's title, Brock Newton
and Tyler Early were four-time district and regional doubles champions, Brock
Newton and Tyler Early won the State doubles title, Bo Edwards and Chris Hincker
reached State quarterfinals in doubles, and Tyler Early reached State quarterfinals
in singles.
3O4
On behalf of the Members of Council and citizens of the City of Roanoke,
the Mayor commended the tennis team and Head Coach Joel Higham and
Assistant Coach Chris Newton.
Mr. Dowe offered the following resolution:
(#36844-092004) A RESOLUTION paying tribute to the Patrick Henry High
School Boys Tennis Team as the undefeated Western Valley District Champions
for 2004.
(For full text of resolution, see Resolution Book No. 69, Page
Mr. Dowe moved the adoption of Resolution No. 36844-092004. The
motion was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel, Wishneff
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
The Mayor presented a ceremonial copy of the above referenced measure
to each team member and coach.
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
Monday, September 20, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Maryellen F. Goodlatte, representing The Branch
Family, LLC, that three tracts of land located on Franklin Road, S. W., identified as
Official Tax Nos. 1150104, 1150102 and 1150112, be rezoned from LM, Light
Manufacturing 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 Roano/~e
Times on Friday, September 3, 2004, and Friday, September ].0, 2004.
The City Planning Commission submitted a written report advising that
adjacent land uses and zoning districts include:
· Along Franklin Road to the east is a Fast Fare gas station zoned
C-2, General Commercial;
305
Along Franklin Road to the west is the Soccer Stop retail store
zoned C-2, General Commercial; abutting Official Tax No.
1150104 to the northwest is Official Tax No. 1150106, which has
a warehouse use and is split zoned C-2, General Commercial
District, and LM, Light Manufacturing District;
To the north, across the Norfolk Southern right-of-way are two
large parcels of land zoned LM, Light Manufacturing District,
which have various light industrial and warehousing uses; and
· Across Franklin Road is a vacant parcel of land zoned C-2,
General Commercial District.
It was further advised that the request for rezoning is consistent with
the following recommended actions and statements of V/s/on 2001-2020,
the City's Comprehensive Plan:
· Impervious surface reduction: Limit the amount of impervious
surfaces to reduce runoff;
· Commercia/ development: Identify underutilized commercial
sites and promote revitalization;
Area p/an initiative: Explore redevelopment of areas identified
for industrial, commercial, or mixed-use development along
Franklin Road between the South Jefferson Redevelopment Area
and Wonju Street;
· Curb cuts: Curb cuts should be minimized along commercial
corridors; and
· Street trees: Trees are an essential element of the streetscape
and should be planted along all non-suburban streets.
It was noted that the future land use map of the Frank/in Road/Co/on/a/
Avenue Area P/an, adopted by Council in June 2004, shows the subject parcels as
light manufacturing uses; and the plan states the importance of:
Commercia/ centers: Identify or create nodes along
Franklin Road for commercial centers; concentrations of
small-to-medium-sized commercial establishments.
306
It was advised that the total area of the three subject parcels is 35,481
square feet; the principal structure is a 7,175 square foot building; the front of
the building is a retail/office space with a warehouse area in the back; a phone
assembly and repair business occupies the building and there are no accessory
structures on the subject parcels; "downzoning" the subject parcels to allow for
commercial uses is consistent with the surrounding land uses along the north
side of the 2200 block of Franklin Road; uses include a beauty salon, gas station,
and a retail store; in addition, there has been a trend toward converting
industrially zoned property to commercially zoned property; over the last nine
years, there have been two conditional rezoning amendments from LM, Light
Manufacturing District, to C-2, General Commercial District, along the block-
face; the first rezoning in July 1995 was for the Soccer Stop retail store abutting
the subject parcels to the west; the second amendment was to rezone a 7.292
acre multi - parcel zoning in December 2002 on the corner of Franklin Road and
Wonju Street from LM to C-2; Ore Branch flows through the subject properties,
with the principal structure straddling both sides of the banks of the creek; a
large portion of the principal structure is in the floodway and the 100-year
floodplain; any redevelopment or change of use will be subject to compliance
with the Floodplain Zoning Regulations in the Zoning Ordinance and related
provisions of the building code; in addition, regulations of the floodway limit
redevelopment options for the placement of new or replacement structures on
the site, or additions to existing structures on the parcels; and staff is of the
opinion that Floodplain Zoning Regulations adequately ensure proper floodplain
management of the subject parcels.
It was further advised that the proffered site plan illustrates development
improvements including a reduction in the width of existing curb cuts, a
reduction in parking surface area and replacement with a landscaping buffer
along Franklin Road, and elimination of an existing parking area directly in front
of the building; and the petitioner has proffered to plant a tree every 50' feet
within the landscaping buffer area.
The City Planning Commission recommended approval of the request for
rezoning, with proffered conditions, given the prevailing land use pattern.
Mr. Fitzpatrick offered the following ordinance:
(#36862-092004) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 115, Sectional ].976 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 by
title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 130.)
307
Mr. Fitzpatrick moved the adoption of Ordinance No. 36862-092004. The
motion was seconded by Mr. Cutler.
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 speak
in connection with the request for rezoning. There being none, he declared the
public hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36862-092004 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None .................................................... O.
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, September 20, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Joe and Annette Mac/one that a tract of land
located at 677 Brandon Avenue, S. W., identified as Official Tax No. i270801, be
rezoned 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 £oano/~e
T/rnes on Friday, September 3, 2004, and Friday, September 10, 2004.
The City Planning Commission submitted a written report advising that
adjacent land uses and zoning districts include:
· Norfolk Southern right-of-way is located to the north zoned LM,
Light Manufacturing;
Adjacent to the subject parcel along Brandon Avenue to the east
is Uptown Audio retail store, zoned, C-2, General Commercial; to
the west is A Cleaner World dry-cleaners, zoned LM, Light
Manufacturing; and
· Located across Brandon Avenue is Towers Shopping Mall, zoned
C-2, General Commercial.
It was further advised that the request for rezoning is consistent with the
following recommended actions and statements of V/s/on 200_I-2020, the City's
Comprehensive Plan:
308
Impervious surface reduction: Li m it th e amount of i m pe rvio u s s u rface s to
reduce runoff;
· Curb cuts: Curb cuts should be minimized along commercial
corridors;
· Street trees: Trees are an essential element of the streetscape
and should be planted along all non-suburban streets;
· Signs: Visual clutter should be discouraged; and
· Commerc/a/deve/opment: Commercial development should be
concentrated at key intersections.
It was advised that the total land area of the subject parcel is 18,326
square feet; the principal structure is a 1,856 square foot building; a three-bay
auto repair garage/gas station currently occupies the building; and under the
conditional rezoning, current uses of a service station and gas station would
become legally non-conforming uses.
It was further advised that the future land use map of the Franklin
Road/Colonial Avenue Area Plan, adopted by Council in June 2004, shows the
subject parcel as a general commercial use; the 600 block of Brandon Avenue is
occupied by various restaurants and retail and service establishments; proffered
uses are compatible with the prevailing land use pattern on the block-face and in
Towers Shopping Mall; Planning staff believes that a commercial rezoning with
conditions is a suitable zoning district for the parcel of land given its location
along the Brandon Avenue commercial corridor and its proximity to a large
shopping center; with proffered conditions, the application of C-2, General
Commercial District, is appropriate; proffers provide reassurance that the subject
parcel of land would be reused or redeveloped in a consistent manner with the
principals of Vision2001-202~, and limitations on use, reduction in width of the
existing curb cuts, a limitation of sign area to approximately half of the allowable
square footage, a five foot landscaping buffer, and trees along the streetscape
are positive steps toward successful reuse of the property.
The City Planning Commission recommended that Council approve the
request for rezoning, with conditions, given the petition's consistency with Vis/on
2001-2020.
Mr. Dowe offered the following ordinance:
(#36863-092004) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. :~27, 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 by
title of this ordinance.
309
(For full text of ordinance, see Ordinance Book No. 69, Page 131.)
Mr. Dowe moved the adoption of Ordinance No. 36863-092004. The
motion was seconded by Mr. Fitzpatrick.
Maryellen F. Goodlatte, Attorney, appeared before Council in support of the
request of her clients.
The Mayor inquired if there were persons present who would like to speak
in connection with the request for rezoning.
Ms. Brenda Simmons, owner of property located at 673 - 675 Brandon
Avenue, S. W., which is located next door to the property proposed to be
rezoned, expressed concern with regard to whether or not customers of the
proposed restaurant will use her property for parking.
Ms. Goodlatte advised that she would respond to Ms. Simmons concerns;
however, she offered the assurance that without Ms. Simmons consent, no
vehicles will be allowed to park on her property. She stated that it is intended to
convert an old service station into a Memphis-style barbeque restaurant,
numerous conditions have been proffered, including a new landscape buffer
along Brandon Avenue, curb cuts and limited signage on Brandon Avenue.
There being no further speakers, the Mayor declared the public hearing
closed.
There being no discussion or comments by Council Members, Ordinance
No. 36863-092004 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick,.Lea
and Mayor Harris .................................................... 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, September 20, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on a request of Paul and Sharon Crawford that certain tracts of
land located on Church Avenue, S. E., between 11'h and 12th Streets, identified as
Official Tax Nos. 4111409 - 4111417, inclusive, be rezoned from LM, Light
Manufacturing District, to RM-1, Residential Multi-family, Low 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, September 3, 2004, and Friday, September 10, 2004.
310
The City Planning Commission submitted a written report advising that
adjacent land uses and zoning districts include:
Eight vacant parcels located in the same block abutting the
subject parcels along the rear property lines to the north and
fronting on Kirk Avenue, which are zoned LM, Light
Manufacturing District;
· Across 12~h Street to the east is a single-family house zoned LM,
Light Manufacturing District;
On the south block-face of Church Avenue are vacant parcels, a
single-family dwelling, and two duplexes zoned RM-1,
Residential Multifamily, Low Density District; and
· Across 11th Street to the west is an electrical contractor's
business zoned LM, Light Manufacturing District.
It was advised that the request is consistent with the following
recommended actions and statements of ~/ision 2001-2020, the City's
Comprehensive Plan:
· Housing Stock: New residential development is constrained by
the limited number and size of available sites;
Housing opportunities: Sustainable neighborhoods require a
competitive mix of affordable and market-rate housing
opportunities; and
· Trad/tiona/ neighborhoods: Houses should be consistent in
terms of front yard setback and bulk.
It was further advised that the future land use map of the Be/mont-Fa//on
Ne/ghborhoodP/an, adopted by Council in January 2003, shows individual uses
for the 1100 block of Church Avenue; however, it is important to note the
following sections of the plan that help support the petition:
· improve housing: At community workshops, participants cited
the need to improve housing conditions as the highest priority
for the neighborhood;
· Housing Deve/opment: Future housing development should
promote income diversity by focusing on market-rate housing
and by encouraging home ownership;
· Deve/op vacant/ot$: Many of the vacant lots (about 400) are
good opportunities for new housing development;
311
Building location: Established building line of existing
development should be used to guide placement of infill
dwellings;
Change industrial zoning: Where zoning is industrial, but the
primary use is likely to remain residential, change zoning to a
residential district;
Market-rate housing: The primary focus for new development
will be on market-rate housing, given current supplies of
affordable housing in the neighborhood;
· Design: New structures must be well-designed and compatible
with existing buildings; and
· Zoning changes: Initiate zoning changes to support housing
revitalization.
The City Planning Commission noted that there are currently two single-
family houses located on opposite ends of the block face; the single-family
dwellings are legally non-conforming uses; one structure is a one-story, 864
square-foot building set approximately 20 feet from the street; the second
structure is a two-story, 1,337 square-foot building set approximately ten feet
from the street; the proffered condition provides that new dwellings will have a
building line consistent with the existing houses on the block face; the petition
provides "downzoning" the subject parcels to a residential district which is
compatible with the existing land use and zoning pattern facing the subject
parcels on the south side of Church Avenue; single-family dwellings are the
predominant land use in the 1200 block of Church Avenue; the petitioner plans
to retain the two existing structures and construct three new dwellings on the
original platted lots; the six vacant parcels have a total frontage of 195 feet;
given the minimum lot frontage requirement of 50 feet in the RM-1, Residential
Multifamily, Low Density District, a total of three principal dwellings can be
constructed on the parcels; duplexes and townhouses are allowed only by special
exception in a RM-1 district; the three proffered conditions by the petitioner
ensure that new dwellings will be compatible with the massing and set-backs of
the existing structures; and the proffer adopting the majority of the
neighborhood design standards will provide for quality new development.
The City Planning Commission recommended approval of the request for
conditional rezoning, given the petition's proffered conditions and consistency
with the prevailing land use pattern.
Mr. Dowe offered the following ordinance:
312
(#36864-092004) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code
of the City of Roanoke (1979), as amended, and Sheet No. 411, Sectional 1976
Zone Map, City of Roanoke, in order to amend certain conditions presently
binding upon certain property previously conditionally zoned CN, Neighborhood
Commercial District; and dispensing with the second reading by title of this
ordinance.
(For Full text of ordinance, see Ordinance Book No. 69, Page 133.)
Mr. Dowe moved the adoption of Ordinance No. 36864-092004. The
motion was seconded by Mr. Fitzpatrick.
Mr. Paul Crawford, Petitioner, appeared before Council in support of the
request.
The Mayor inquired if there were persons present who would like to speak
in connection with the request for rezoning. There being none, he declared the
public hearing closed.
There being no discussion or comments by Council Members, Ordinance
No. 36864-092004 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None .................................................... 0.
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, September 20, 2004, at 7:00 p.m., or as soon thereafter as
the matter may be heard, on the request of Habitat for Humanity that a portion
ora ten-foot alley, ad.ioining Official Tax Nos. 2130504-2130506, inclusive, and
2240102, and lying parallel to 12th Street, N. W., be permanently vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in The t~oano/~e
Times on Friday, September 3, 2004, and Friday, September 10, 2004.
A communication from Thomas J. Dalzell, Board of Directors, Habitat for
Humanity in the Roanoke Valley, requesting that the public hearing be continued
until March 2005, was before Council.
The Mayor inquired if there were persons present who would like to speak
in connection with the matter. There being none, he advised that without
objection by Council, the public hearing will be continued until March 2005.
313
EASEMENTS-HOSPITALS: Pursuant to instructions by the Council, the City
Clerk having advertised a public hearing for Monday, September 20, 2004, at
7:00 p.m., or as soon thereafter as the matter may be heard, on the proposed
vacation of three water line easements, one sanitary sewer easement and one
ingress/egress easement located at ].906 Belleview Avenue, S. E., in connection
with expansion of the Carillon Medical Center facility known as Carillon Roanoke
Memorial Hospital, the matter was before the body.
Legal advertisement of the public hearing was published in The £oano/~e
T/rnes on Friday, September 10, 2004.
The City Manager submitted a communication advising that owners of
property located at 1906 Belleview Avenue, S. E., identified as Official Tax No.
406030]., have requested that the City vacate water, sanitary sewer, and
ingress/egress easements on the property; Carillon Medical Center will undergo
a major expansion of facilities on the site which will necessitate that existing
water and sanitary sewer lines be removed and relocated; subject easements are
no longer needed since the sanitary sewer and water lines will be relocated to
new easements that will be dedicated to the Western Virginia Water Authority in
locations consistent with the proposed facility expansion; a plat attached to the
communication shows an existing ingress/egress easement to be vacated, which
easement is no longer needed by the City since the City does not own the
property formerly served by the easement; and the plat has been reviewed by,
and is acceptable to, the City Engineer.
The City Manager recommended that she be authorized to execute the
appropriate documents vacating the existing water, sanitary sewer, and
ingress/egress easements, with owners of the property to be responsible for
preparation of all necessary documents, to be approved as to form by the City
Attorney.
Mr. Cutler offered the following ordinance:
(#36865-092004) AN ORDINANCE authorizing the vacation of an
ingress/egress easement and the vacation of certain water and sanitary sewer
easements across Tax Map No. 4060301, located at 1906 BelleviewAvenue, S. E.,
in exchange for new water and sanitary sewer easements which will be dedicated
to the Western Virginia Water Authority, upon certain terms and conditions, and
dispensing with the second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page ].34.)
Mr. Cutler moved the adoption of Ordinance No. 36865-092004. The
motion was seconded by Mr. Fitzpatrick.
314
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 or discussion by Council Members, Ordinance
No. 36865-092004 was adopted by the following vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None .................................................... O.
BUDGET-TOTAL ACTION AGAINST POVERTY-MILL MOUNTAIN THEATRE-
MUNICIPAL BUILDING: Pursuant to instructions by the Council, the City Clerk
having advertised a public hearing for Monday, September 20, 2004, at 7:00
p.m., or as soon thereafter as the matter may be heard, with regard to
consideration of an adjustment to the City of Roanoke Fiscal Year 2004-2005
Budget, the matter was before the body.
Legal advertisement of the public hearing was published in The Roano/~e
Timeson Friday, September 10, 2004; and in TheRoano/~e TribuneonThursday,
September 16, 2004.
The City Manager submitted a communication advising that Section 2-189
of the City Code establishes a reserve from the year-end General Fund balance
for the funding of capital improvements and capital maintenance and equipment
replacement; 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 debt service during the fiscal year; CMERP funding available for
appropriations totals $1,501,240.00; revenue for the Commonwealth of Virginia
will increase $436,000.00 above the estimate established with adoption of the
fiscal year 2004-2005 General Fund budget; the total of all funding sources
available for appropriations is $1,937,240.00; and, in addition, $1,100,000.00 of
residual equity from the close-out of the Water and Sewer funds needs to be
appropriated from the Capital Project Fund balance to the Municipal Building
North Renovations project.
It was further advised that during fiscal year 2003-2004, funding in the
amount of $95,022.00 was transferred from the Fire-EMS Facility Improvement
Program project to the Police Building Phase II project to facilitate building
design and property acquisition needs, which funding needs to be restored to the
Fire-EMS project account from funding appropriated in advance of bond
issuance; funding in the amount of $145,000.00 budgeted in the National
Pollution Discharge Elimination System (NPDES) project account will be
used by Transportation- Streets and Traffic for contracted services for
storm drain maintenance/repair and purchase of a storm drain trailer unit;
315
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; the maximum balance of the reserve is three per cent of the total
General Fund appropriations for the concluded fiscal year; as such, at June 30,
2004, $250,000.00 was reserved in the General Fund for self-insured liabilities;
and a list of CMERP funding recommendations which is attached to the
communication addresses the following categories:
· Contributions $ 350,500.00
· Carryover Funds 109,680.00
· Capital Improvements 1,111,000.00
· Equipment 116,060.00
· Technology 150,000.00
· Fleet Management 100,000.00
Total
$1,937,240.00
It was explained that department CMERP funding requests totaled
approximately $8.9 million, excluding technology and vehicular related items;
requests for technology related items/initiatives totaled an additional $3.2
million; technology requests are reviewed and prioritized by the Information
Technology Committee and a separate report will recommend appropriation of
funds for technology needs; and all vehicular requests are reviewed by the
Manager of Fleet Management and evaluated based upon an approved set of
replacement criteria.
The City Manager recommended the following:
Authorize the Director of Finance to make the following revenue
adjustments in the amount of $436,000.00:
Recordation Tax (001-110-1234-0600)
Alcohol Beverage Control Tax (001-110-1234-0601
Wine (Liter) Tax (001-110-1234-0602)
Commonwealth's Attorney (001-110-1234-0610)
Sheriff/Jail (001-110-1234-0611)
Commissioner of the Revenue (001-110-1234-0612)
Treasurer (001-110-1234-0613)
Street Maintenance (001-110-1234-0650)
City Jail Block Grant (001-110-1234-0651)
Local Law Enforcement (001-110-1234-0658)
(30,000.00)
(41,000.00)
(6,000.00)
21,000.00
150,000.00
6,000.00
6,000.00
113,000.00
287,000.00
(70,000.00)
316
Appropriate $1,100,000.00 from Capital Projects Fund Balance to the
Municipal North Renovation project; transfer funding in the amount of
$95,022.00 from the NPDES Project, Account No. 008-530-9678-9003, transfer
funding in the amount of $145,000.00 from the NPDES Project, Account No. 008-
530-9736-9003 to a new account to be established in the Capital Projects Fund;
appropriate $250,000.00 reserved in the General Fund for self-insured liabilities
to be transferred to the Risk Management Fund representing the transfer; and
that Council concur in CMERP funding recommendations and appropriate funds
to the proper accounts as more fully set forth in an attachment to the
communication.
Mr. Dowe offered the following ordinance:
(#36866-092004) AN ORDINANCE to appropriate funding from the Capital
Maintenance and Equipment Replacement Program (CMERP) and to make other
funding appropriations and transfers, amending and reordaining certain sections
of the 2004-2005 General, Civic Facilities, Capital Projects, Fleet Management
and Risk Management Funds Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book 69, Page 135.)
Mr. Dowe moved the adoption of Ordinance No. 36866-092004. The
motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to speak
in connection with the public hearing.
John Jesse, representing Mill Mountain Theatre, expressed appreciation for
the City's efforts to provide $50,000.00 for a capital project to be undertaken by
Mill Mountain Theatre to upgrade the performance stage which will have long
term benefits for the citizens of the City of Roanoke. He stated that he would be
remiss if he did not point out that a $50,000.00 contribution to capital alone will
not be sufficient to resolve the grave financial issues of the Mill Mountain
Theatre, nor will it be enough to guarantee long term survival of the
Theater. He stated that following the tragedy of 9-11 and the economic
downtown, many regional theaters were forced to close their doors and
Mill Mountain Theatre has been crippled by certainfinancial downturns;and,
in addition, Mill Mountain Theatre has found itself in direct competition
with the City of Roanoke. He advised that Mill Mountain Theatre has tried
to be Roanoke's Performing Arts Theater for the past 40 years, having
contributed over $53,000.00 in the year 2002-2003 in admissions taxes alone.
317
He added that the City has protected cultural organizations in the Roanoke Valley
on numerous occasions, the most recent being efforts to save the Grandin
Theater, therefore, it is hoped that the City of Roanoke will do the same to help
guarantee the success and future of Mill Mountain Theatre. He advised thata
detailed funding request will be submitted in the near future to ensure another
40 years of continued operation by Mill Mountain Theatre.
Jere Hodgins, Executive Director, Mill Mountain Theatre, expressed
appreciation to Council and to City officials who have supported the arts and
cultural organizations, both as citizens and in their official capacities; and
specifically for helping to bring Mill Mountain Theatre to the status that it
currently holds as a nationally recognized regional theater, which is known for its
world premiers and quality productions. He advised that Mill Mountain Theatre
contributes to the economyofthe Roanoke Valley by employing over 25 full time
people who reside, pay taxes, shop and spend their money in the Roanoke area,
Mill Mountain Theatre pays over $600,000.00 in wages, over $300,000.00 to
local vendors, and over $100,000.00 annually on insurance premiums with local
insurance companies, and collects in the range of $40,000.00 - $53,000.00 per
year in the City's admissions tax. He noted that Mill Mountain Theatre reinvests
approximately 70 per cent of its budget back into the economy of the Roanoke
region. He stated that Mill Mountain Theatre also serves as a primary
entertainment and diversion venue in downtown Roanoke, the Theater is a major
part of downtown Roanoke as a major destination point and overall attendance
figures are in excess of 100,000 persons annually. In addition to the economic
partnership with the City, he advised that Mill Mountain Theatre is involved in the
community through school tours that reach over 25,000 students annually, and
the Theater's vast array of educational programs feature classes for all ages and
provide scholarships to those without the means to pay, youth auditions for
theatrical events, evening programs for the 16 - 25 age group, and a free noon
time series of presentations of new productions that has been a success with
downtown employees who are looking for something to do as a diversion in their
work day.
Mr. Hodgin closed his presentation by quoting from St. Francis of Assisi,
"Start by doing what's necessary, then do what's possible, and finally suddenly,
you are doing the impossible".
Vice-Mayor Fitzpatrick spoke in support of referring the request of Mill
Mountain Theatre to 2005-2006 budget study and to the City Manager for report
to Council. He stated that Council has been confronted with a tremendous
challenge because to open the door to the request of the Mill Mountain Theatre
will also open the door to numerous other cultural organizations that are in need
of assistance by the City of Roanoke.
Council MemberWishneff spoke in support of the City Manager identifying
a revenue stream(s) for cultural organizations.
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Vice-Mayor Fitzpatrick encouraged the City Manager to present alternatives
that will help not only Mill Mountain Theatre, but other cultural organizations
that are in need of funding assistance.
Without objection by Council, the Mayor advised that the request of Mill
Mountain Theatre for additional funding will be referred to the City Manager and
to 2005-2006 budget study.
Council Member Cutler called attention to the $100,000.00 proposed for
Total Action Against Poverty/Dumas for renovation of the Dumas facility and
advised that based on questions with regard to the financial status of the
Dumas/Harrison Museum project, it is requested that Council authorize the
$100,000.00 proposed for the Dumas, but that the funds not be released until
certain questions regarding sources of financing are addressed to the
satisfaction of the City Manager.
Without objection by Council, the Mayor advised that it was so ordered.
There was discussion in regard to Municipal North renovations which
involves returning to the Municipal Building certain City departments and/or
activities that are currently housed at other locations, an offer of space to the
Roanoke Redevelopment and Housing Authority to locate certain offices in
downtown Roanoke; relocation of the Parks and Recreation Administrative Offices
which are currently located on Reserve Avenue to the Municipal Building; and
realignment of spaces in Municipal South and North, all of which was a part of
the original plan when the decision was made to transfer Social Services
employees from Municipal North to the Civic Mall on Williamson Road.
Mr. Wishneff moved that Ordinance No. 36866-092004 be amended to
deduct $50,000.00 from the Municipal North Renovation project to be applied
toward purchase of the Oliver Hill House. The motion was seconded by Mr. Lea.
There was discussion in regard to future administration, management and
maintenance of the Oliver Hill house and whether or not funds should be
appropriated by the City before matching funds have been raised by the Oliver
Hill Foundation.
During further discussion of the matter, the Vice-Mayor advised that the
City is faced with the challenge of trying to preserve the Mill Mountain Theatre,
which is a 40 year old organization that makes atremendous contribution to the
region; preservation of the Oliver Hill residence is not a 100 per cent
responsibility of the City of Roanoke; more progress will be gained by working
through partnerships with other organizations; and it would be inappropriate for
the City to provide 100 per cent funding for the Oliver Hill house.
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In response, Council Member Wishneff advised that in recent years,
projects such as the Grandin Theater, the Art Museum, Shenandoah Hotel, the
Roanoke Higher Education Center and others have involved initial funding by the
City of Roanoke and then challenging the community to make its contributions.
He stated that he was not suggesting that the City of Roanoke should fund the
entire Oliver Hill house project.
Following further discussion, the amendment to Ordinance No. 36866-
092004 offered by Mr. Wishneff, seconded by Mr. Lea, to deduct $50,000.00
from the Municipal North Renovation project to be applied toward purchase of
the Oliver Hill House, was lost by the following vote:
AYES: Council Members Lea and Wishneff .......................... 2.
NAYS: Council Members Cutler, Dowe, Fitzpatrick, McDaniel and
Mayor Harris ........................................................ 5.
Council Member Dowe advised that he serves in an unpaid capacity as a
member of the Board of Directors of Center in the Square which is the
organization that oversees the Mill Mountain Theatre, and inquired if he hasa
conflict of interest.
The City Attorney advised that inasmuch as Mr. Dowe's directorship is an
unpaid position, he does not have a conflict of interest.
Ordinance No. 36866-092004 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Lea, McDaniel and
Mayor Harris ....................................................... 6.
NAYS: Council MemberWishneff .................................. 1.
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,
recommendation or report to Council.
DRUGS/SUBSTANCE ABUSE: Ms. Judy Ferguson, 1713 Coveland Drive, N.W.,
spoke in opposition to the proposed methadone clinic on Hershberger
Road/Cove Road. She stated that National Specialty Clinic, Inc. (NSC) business
license has expired under the name of Roanoke Treatment Center and the facility
is currently State licensed under the name of Appalachian Treatment Center;
National Specialty Clinic, Inc., sold all of its clinics in December 2003, therefore,
a question has been raised as to how the treatment center can operate in the
Hershberger Road location under another name. She also raised questions
as to how the Occupancy License can be transferred to the new owners.
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She stated that representatives of the treatment center have advised that a site
which was proposed at the former Roanoke-Salem Plaza is not suitable for their
operation; however, approximately 84 current treatment sites are located in
suites, on second floors of buildings, and in shopping center malls. She called
attention to approximately 2000 children who attend schools in the area and
existing traffic congestion. She referred to petitions signed by concerned
citizens who reside on Ferncliff Avenue, Coveland Drive, Aspen Street, and
Abbott Street, N. W. (The petition was not filed with the City Clerk.)
Ms. Ferguson indicated that she had other questions; whereupon, the
Mayor requested that she provide her remarks in writing to the City Clerk to be
forwarded to the City Manager and to the City Attorney for response. (No written
statement was filed with the City Clerk.)
At 8:10 p.m., the Mayor declared the Council meeting in recess for
continuation of a Closed Session.
At 9:10 p.m., the Council meeting reconvened in the City Council Chamber,
with all members of the Council in attendance, Mayor Harris presiding.
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. Cutler and adopted by the following
vote:
AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea
and Mayor Harris .................................................... 7.
NAYS: None ................................................... 0.
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP:
The Mayor advised that there is a vacancy on the Roanoke Neighborhood
Advocates created by expiration of the term of office of Shirley M. Bethel, ending
June 30, 2007; whereupon, he opened the floor for nominations to fill the
vacancy.
Mr. Fitzpatrick placed in nomination the name of Earnest Wilson.
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There being no further nominations, Mr. Wilson was appointed as a
member of the Roanoke Neighborhood Advocates, for a term ending June 30,
2007, by the following vote:
FOR MR. WILSON: Council Members McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick, Lea and Mayor Harris ....................................... 7.
OATHS OF OFFICE-COMMITTEES-BUILDINGS: The Mayor advised that the
term of office of Harry F. Collins, Jr., as a member of the Local Board of Building
Code Appeals, will expire on September 30, 2004; whereupon, he opened the
floor for nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Harry F. Collins, Jr.
There being no further nominations, Mr. Collins was reappointed as a
member of the Local Board of Building Code Appeals, for a term ending
September 30, 2009, by the following vote:
FOR MR. COLLINS: Council Members McDaniel, Wishneff, Cutler, Dowe,
Fitzpatrick, Lea and Mayor Harris ....................................... 7.
At 9:15 p.m., the Mayor declared the Council meeting in recess until
Friday, September 24, 2004, at 12:00 noon, for the Regional Leadership Summit
Luncheon, to be hosted by Bedford County at the Olde Liberty Station Restaurant,
515 Bedford Avenue, Bedford, Virginia.
The City Council meeting reconvened on Friday, September 24, 2004, at
12:05 p.m., at the Olde Liberty Station Restaurant, 515 Bedford Avenue, Bedford,
Virginia, for a meeting of representatives of the Regional Leadership Summit.
PRESENT: Council Members M. Rupert Cutler, Sherman P. Lea and Vice-
Mayor Beverly T. Fitzpatrick, J r.- ....................................... 3.
ABSENT: Council Members Alfred T. Dowe,Jr., Brenda L. McDaniel, BrainJ.
Wishneff, and Mayor C. Nelson Harris ................................... 4.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; and Stephanie M.
Moon, Deputy City Clerk.
Also present were: Wayne G. Strickland, Executive Director, Roanoke Valley
Alleghany Regional Commission; Pete Larkin, Congressman Bob Goodlatte's aide;
Jeffrey S. Heller, Assistant Vice-President, International Marketing and Sales,
Norfolk Southern Corporation; members of City Councils/Boards of Supervisors
and staff of the following localities: Alleghany County, Bedford County, Craig
County, Franklin County, Roanoke County, City of Bedford, City of Covington,
City of Salem, and Town of Vinton.
322
Mr. Strickland presented copy of the 2004 Regional Legislative Agenda and
the Industry Cluster Analysis. He advised that the 2004 Regional Legislative
Agenda consists of recommendations from local governments in the Alleghany
Highlands and Roanoke Valley to the Virginia General Assembly with regard to
education, taxing and funding, and local authority.
He further advised that the Fifth Planning District Regional Alliance has
released an analysis of industry clusters for the NewVA Region of Virginia that
identifies eight high-paying industry groups that are likely to have a significant
impact of economic growth in the region; the Regional Alliance commissioned
the study with the Center for Regional Economic Competitiveness and the
Roanoke Valley-Alleghany Regional Commission; and the NewVA Region includes
the counties and cities in the Roanoke Valley, Alleghany Highlands and the New
River Valley.
(For full text, see copies of the 2004 Regional Legislative Agenda and the
Industry Cluster Study on file in the City Clerk's Office.)
Bobby Pollard, Chairman, Bedford County Board of Supervisors, welcomed
participants to the meeting. He highlighted various accomplishments of Bedford
County and the City of Bedford, such as the Montvale Chamber of Commerce, the
Loudon Business and Technology, a proposed Virginia Technology Facility
designated as a Technology Zone, and a New Welcome Center. He pointed out
that Bedford County is surrounded by various tourist destinations, i.e.: the Peaks
of Otter, the Blue Ridge Parkway, Smith Mountain Lake, Thomas Jefferson
National Forest, Explore Park, and the National D-Day Memorial, and invited
participants of the Leadership Summit to tour the City of Bedford and Bedford
County following adjournment of the meeting.
PERSONAL PROPERTY TAX REDUCTION ACT (PPTRA-Car Tax Reductions):
Elmer Hodge, County Administrator, Roanoke County, called attention to budget
shortfalls in 2006, totaling almost $100 million that localities could lose in
connection with the Personal Property Tax Reduction Act (PPTRA). He advised
that local government leaders are asking State lawmakers to correct the error-
which affects 42 cities, counties and towns, including the cities of Roanoke,
Salem, Richmond, Virginia Beach and Covington, the Counties of Roanoke,
Chesterfield, and Henrico, and the Town of Vinton.
He further advised that the Virginia Municipal League estimates that
reconciling the mistake will cost the State approximately $250 million; the
problem is a change in the car-tax subsidy system that was part of legislation
approved by the General Assembly and signed into law by Governor Mark R.
Warner last spring; legislators involved in drafting the legislation were not aware
of the oversight until recently; and if the legislature fails to act, local officials will
be forced to cut programs or raise other taxes to make up for the shortfalls.
323
Mr. Hodge stated that the problem will occur in 2006, when the State is
scheduled to change the way it reimburses localities for a portion of car-tax
revenues; the State has paid a portion of residential car taxes since 1998; and
the change affects only those localities that mail car-tax bills to residents in the
spring of 2005, including the Hampton Roads, Richmond and Roanoke regions;
and the majority of local governments, including Northern Virginia, mail their tax
bills in the fall, therefore, they are not affected by the change.
He further stated that under the existing system, local governments collect
car-tax reimbursements from the State almost immediately after receiving
payments from vehicle owners; beginning in 2006, the State will pay each locality
a flat fee each year instead of linking reimbursements to the total value of car-
tax bills; and because the State's budget year runs from July through June, the
action provided an extra $250 million to spend on public education and other
State programs during the fiscal year ending June 30, 2006.
Mr. Hodge indicated that the PPTRA/S8 2005 Working Group convened by
the Secretary of Finance, with representation from VML, VACo, the
Commissioners of the Revenue Association and the Treasurers' Association, will
discuss potential solutions and make recommendations for budget and/or
legislative action to address the matter. He encouraged each locality to schedule
a meeting with its legislative representatives to discuss the car-tax issue.
INTERMODAL FREIGHT ISSUES: Jeffrey S. Heller, Assistant Vice-President,
International Marketing and Sales, Norfolk Southern Corporation, advised that
there has been a big shift with regard to how the railroad conducts onshore
business, most significantly coal, which is 30 per cent of the railroad's business
and generates considerable revenue; and the biggest growth generated in the
last five to ten years is the intermodal business which has consisted of close to
20 per cent of the railroad's business during the first half of 2004.
Mr. Heller further advised that as long as NS services are competitive with
trucks and its cost is less, this is a cost effective way to do business in the United
States. He presented the following information with regard to the Heartland
Corridor:
The Heartland Corridor is a portfolio of intermodal based projects
designed to significantly improve mobility and increase freight
capacity between the Mid-Atlantic regions of Virginia and North
Carolina, and the Midwest and West Virginia.
324
Key Project Components:
· "Central Corridor Double-Stack Project"
double-stack clearances between Roanoke, Virginia,
through West Virginia to Columbus, Ohio
New Intermodal Terminals
Prichard, West Virginia
· Expanded Intermodal Capacity
Columbus, Ohio - Rickenbacker Airport
Roanoke, Virginia - New Terminal
· "Western Freeway Rail Corridor"
· Rail relocation project in Portsmouth, Virginia
Supporting Projects Outside of Scope
Terminal expansion - Front Royal, Virginia
· New Terminal - Petersburg, Virginia
· New classification facility - between Surfolk and
Petersburg, Virginia
Qualified Benefits of the Central Corridor Double-Stack Proiect
Provides a new intermodal facility in western Virginia, a
region that currently has no intermodal connections to the
domestic and global intermodal network.
Provides new, lower cost intermodal freight transportation
options to shippers in the Appalachian regions of West
Virginia, eastern Kentucky, and southeastern Ohio. This
infrastructure improvement will provide a base for
attracting new business to the region.
Facilitates conversion of freight from highway to rail,
reduces traffic congestion on key highways along the
Heartland Corridor.
Reduces emissions by up to 75 per cent on freight
converted to rail.
325
Expanded Terminal Capacity
The Heartland Corridor project will create significant new
intermodal capacity in Columbus, Ohio, and Roanoke, Virginia.
This project provides for a major new state-of-the art
intermodal facility adjacent to the Columbus Regional Airport
Authority's Rickenbacker International Airport, south of
Columbus.
This project provides for a new 17,000 lift intermodal facility
in the Roanoke Valley region of western Virginia.
PhaselCapacity, Rickenbacker: 250,000
Phase I Capacity, Discovery Park: 100,000
Phase I Capacity, Roanoke: :1.7,000
Cost: $76 million
The new facility in the Roanoke Valley would be similar in
scope and design to the Norfolk Southern's new facility in
Cleveland, Ohio.
· Project Cost Summary
Central corridor double-stack initiative and Prichard
Intermodal Terminal - $130 million
New terminal capacity in Columbus, Ohio, and the
Roanoke, Valley - $76 million
Western Freeway Rail Relocation Project - $60 million
Total - $266 million
Response to why Roanoke? Why now?
Growth in east coast City of Norfolk ports
Growth of Ail Water Asia- United States steamship services
Roanoke at the crossroads of the 1-64 and 1-81 corridors
Local Markets growing
Overall Benefits of the Heartland Corridor Project
Improved mobility for motorists and truck freight along the
Heartland Corridor, including some mobility benefits on the
1-81 segment between Staunton and Lexington, Virginia
Environmental benefits from reduced emissions through use
of more efficient rail transportation
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Economic, tax and employment benefits from the introduction
of new or expanded Intermodal capacity along the Heartland
Corridor
Preservation of rail infrastructure and employment on a rail
corridor facing declines in other traditional rail traffic in
Roanoke and West Virginia
Reduced shipping costs for shippers along or shipping via the
Heartland Corridor
Improved access to the global trade network for shippers and
manufacturers in Virginia, West Virginia, Eastern Kentucky and
Ohio.
In closing, Mr. Heller expressed appreciation to Congressman Goodlatte for
his support, and encouraged representatives of the localities to speak with their
constituents on the local, state and national level in support of the Heartland
Corridor project.
OTHER BUSINESS/ANNOUCEMENTS:
Mr. Strickland announced that the Mayors and Chairs Meeting will be held
on Friday, November 12, 2004, at 11:00 a.m., in Alleghany County. He also
announced that the next Regional Leadership Summit will be held in January
2005; and Craig County has volunteered to host a Regional Leadership Summit in
the spring of 2005.
There being no further business, the Vice-Mayor declared the meeting of
Roanoke City Council adjourned at 1:15 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
C. Nelson Harris
Mayor
327
ROANOKE CITY COUNCIL
OCTOBER 7, 2004
12:00 p.m.
EMERGENCY OPERATIONS CENTER CONFERENCE ROOM
ROOM 159
The Council of the City of Roanoke and the Board of Commissioners of the
Roanoke Redevelopment and Housing Authority(RRHA) met in a joint meeting on
Thursday, October 7, 2004, at 12:00 p.m., in the Emergency Operations
Center Conference Room, Room 159, Noel C. Taylor Municipal Building,
2:15 Church Avenue, S. W., City of Roanoke, Virginia, with Vice-Mayor
Beverly T. Fitzpatrick, Jr., and Chairman Ben J. Fink presiding.
ROANOKE CITY COUNCIL MEMBERS PRESENT: M. Rupert Cutler, Sherman P.
Lea, Brenda L. McDaniel, BrianJ. Wishneff(arrived at 12:45 p.m.) and Vice-Mayor
Beverly T. Fitzpatrick,Jr.- ............................................. 5.
ABSENT: Mayor C. Nelson Harris and Council Member Alfred T.
Dowe, J r.- .......................................................... 2.
ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY BOARD OF
COMMISSIONERS PRESENT: Gregory W. Feldmann, Anita M. Powell, Christie L.
Wills and Chairman BenJ. Fink ......................................... 4.
ABSENT: Commissioner Gregory M. Cupka .......................... 1.
(The terms of office of Commissioners H. Victor Gilchrist and James W. Burks,Jr.,
expired on August 31, 2004.)
OTHERS PRESENT: Representing the City of Roanoke: George C. Snead,Jr.,
Assistant City Manager for Operations; Rolanda B. Russell, Assistant City Manager
for Community Development; Jesse A. Hall, Director of Finance; Timothy Spencer,
Assistant City Attorney; and Mary F. Parker, City Clerk. Representing the RRHA:
John P. Baker, Executive Director; Earl B. Reynolds,Jr., Deputy Executive Director;
John P. Grove, Attorney; and Sue Marie Worline, Secretary.
The meeting was opened with a prayer by Vice-Mayor Fitzpatrick.
HOUSING/AUTHORITY: Following lunch, the Vice-Mayor welcomed
Commissioners of the Roanoke Redevelopment and Housing Authority and staff
to the meeting. He expressed appreciation to the RRHA for continuing
partnership efforts with the City, and welcomed newly appointed Commissioner
Anita Powell to her first .ioint meeting of Council and the RRHA.
328
The Vice-Mayor referred specifically to the Southeast by Design project and
the efficiency of the RRHA in the handling of various documents in connection
with the project. He made reference to a recent comment by an unidentified
person that it is interesting to see City government and the private sector
working together on a project such as Southeast by Design. He called attention
to the importance of continuing to hold joint meetings of the Council and the
RRHA to discuss matters of mutual interest and concern to both entities. He
noted that the Memorandum of Understanding between Council and the RRHA
was to be discussed at the meeting, but inasmuch as the Mayor and the City
Manager were not present, the item would be held in abeyance for discussion at
a future joint meeting.
On behalf of the RRHA, Chairman Fink expressed appreciation for the
opportunity to meet with Council and for the kind of working relationship that
has existed between the Council and the RRHA.
OVERVIEW OF THE HENRY STREET PROGRAM (TAP, DUMAS, ROANOKE HIGHER
EDUCATION CENTER, AND THE CULINARY INSTITUTE):
Chairman Fink advised that it is hoped that the Roanoke Neighborhood
Development Corporation (RNDC) will propose aviable project in the near future
for the Henry Street area. He referred to the site of the Dumas Center and two
adjacent parcels of land and advised that Total Action Against Poverty (TAP) has
requested that the Board of Commissioners donate certain land adjacent to the
Dumas for the project; and TAP has provided financial information that will be
reviewed by the Board of Commissioners at its November meeting. He stated
that the Board of Commissioners is waiting to hear from the Executive Director of
the Roanoke Higher Education Center regarding the status of the Culinary
Institute which is planned for the old Ebony Club building and the small building
next to the structure.
The Vice-Mayor made the observation that Henry Street has been atopic of
discussion for a long time, yet nothing is currently underway that would create a
critical mass; and Council has taken a leadership role by determining the bridge
location which should help RNDC and the RRHA in considering potential
opportunities for the area. He called attention to the importance ofproactively
assisting RNDC and advised that The Hotel Roanoke and Conference Center, the
Roanoke Higher Education Center and new parking has provided a level of
synergy around the property. He asked that the RRHA advise as to how Council
might be of assistance to RNDC and to the RRHA in their efforts to move forward
in this vibrant part of the City.
Council Member Cutler expressed concern that there has been a kind of
piecemeal approach to this sub region of the City that includes the RRHA, RNDC,
TAP, the Dumas Center, the Roanoke Higher Education Center, the Culinary Arts
project, the First Street Bridge, the river walk across the rail walk, the Oliver Hill
house, and Lick Run Greenway. He spoke in support of integration of the various
projects.
329
The Vice-Mayor requested that City staff and RRHA staff determine if there
is an opportunity for representatives of the two entities to come together to
discuss ways to create more of a sense of urgency to get something done in the
Henry Street area.
Council Member Wishneff entered the meeting.
Council Member McDaniel inquired if there is an umbrella organization that
is charged with the responsibility of over seeing the various projects; whereupon,
the Vice-Mayor advised that the RRHA would be the appropriate entity to call all
of the parties to the table for discussion.
Chairman Fink advised that the RRHA Board of Commissioners will review
the request with staff and submit a recommendation to Council.
Commissioner Feldmann advised that the role of the RRHA is to serve as a
catalyst for this type of activity which will tie in with future discussions on the
Memorandum of Understanding between Council and theRRHA. He stated that
the Downtown Music Lab will also play a role in the development of the Henry
Street area.
Mr. Snead advised that he will convey the message of Council to the City
Manager as to the importance of a round table, thorough and complete
discussion regarding the Henry Street area by engaging all of the key players to
ensure that all components are addressed.
OTHER DISCUSSION ITEMS:
A question was raised with regard to Project Gold (Gainsboro Project);
whereupon, the Executive Director advised that the RRHA has partnered with Blue
Ridge Housing Development Corporation, the community has been advised of
opportunities for housing rehabilitation, applications are currently being
accepted for rehabilitation loans, rehabilitation efforts will focus on occupied
buildings, and Blue Ridge Housing Development Corporation is looking at
opportunities to purchase land and vacant houses to rehabilitate and to sell.
Chairman Fink called attention to a revitalization area known as Cherry
Avenue in the Gainsboro area will have an impact on the Gainsboro community,
which will target rehabilitation funds for the neighborhood and could provide
housing in the price range of $150,O00.OO or more.
330
The Executive Director advised that the RRHA recently received a
$250,000.00 Neighborhood Network Grant which was made available to localities
that administer Hope VI programs. He stated that as a result of the Villages at
Lincoln, the RRHA competed with 44 cities throughout the United States and was
chosen as one of 20 cities to be awarded a $250,000.00 grant to help residents
in their efforts to reach self-sufficiency. He explained that the grant will be used
to help coordinate efforts to provide training and resources through computers,
using online services, and training will focus on all age groups.
Question was raised in regard to the lead-based paint project; whereupon,
the Executive Director advised that corrective action has commenced on the first
group of houses, which varies from the removal of flaking paint, to painting over
the structure, to encapsulating with siding, and/or other more major types of
rehabilitation.
In closing, Vice-Mayor Fitzpatrick commended the RRHA on the
transformation that resulted from the Hope VI Project which appears to have
brought a much better quality of life to public housing residents. He further
commended the Housing Authority on a smooth transition of residents from one
part of the housing complex to another during the construction phase, and
overall efforts by the RRHA to help residents become self-sufficient.
COUNCIL: A communication from Vice-Mayor Beverly T. Fitzpatrick, Jr.,
requesting that Council convene in a Closed Meeting to discuss vacancies on
certain authorities, boards, commissions and committee appointed by Council,
and to interview applicants for vacancies on the Roanoke Redevelopment and
Housing Authority and the Architectural Review Board, pursuant to Section 2.2-
3711 (A)(1), Code of Virginia (1950), as amended, was before the body.
Mr. Cutler moved that Council convene in a Closed Meeting as above
described. The motion was seconded by Ms. McDaniel and adopted by the
following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, andVice-Mayor
Fitzpatrick ........................................................ 5.
NAYS: None .................................................. 0.
(Mayor Harris and Council Member Dowe were absent.)
There being no further business, at 1:10 p.m., the Vice-Mayor declared the
meeting of Council in recess until 2:00 p.m., in the City Council Chamber, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke.
331
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 7, 2004
2:00 p.m.
The Council of the City of Roanoke met in regular session on Thursday,
October 7, 2004, at 2:00 p.m., the regular meeting hour, in the Roanoke City
Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, Virginia, with Vice-Mayor Beverly T. Fitzpatrick,
Jr., 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, and pursuant to Resolution No. 36861-
092004 adopted by Council on September 20, 2004, which changed the time
of commencement of the regular meeting of Council to be held at 9:00 a.m.,
on Thursday, October 7, 2004, to 12:00 p.m., and pursuant to Resolution No.
36762-070604 adopted by Council on Tuesday, July 6, 2004, which
established the meeting schedule for the fiscal year commencing July 1, 2004
and ending June 30, 2005.
PRESENT: Council Members Sherman P. Lea, Brenda L. McDaniel, Brian J.
Wishneff, M. Rupert Cutler, and Vice-Mayor Beverly T. Fitzpatrick,Jr.- ........ 5.
ABSENT: Mayor C. Nelson Harris and Council Member Alfred T.
Dowe, J r.- .......................................................... 2.
The Vice-Mayor declared the existence of a quorum.
OFFICERS PRESENT: George C. Snead, Jr., Assistant City Manager for
Operations; Timothy Spencer, Assistant City Attorney; Jesse A. Hall, Director of
Finance; and Mary F. Parker, City Clerk.
The invocation was delivered by Council Member Sherman P. Lea.
The Pledge of Allegiance to the Flag of the United States of America was
led by Vice-Mayor Fitzpatrick.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS-DISABLED PERSONS: The Vice-Mayor presented a
proclamation to Christene Montgomery, Chair, Mayor's Committee for People
with Disabilities, declaring October 2004, as National Disability Employment
Awareness Month.
PROCLAMATIONS-HEALTH DEPARTMENT: The Vice-Mayor presented a
proclamation to Charles Wohlford, President NAMI of Roanoke Valley, declaring
October 3 - 9, 2004, as Mental Illness Awareness Week.
332
PROCLAMATIONS-FIRE DEPARTMENT: The Vice-Mayor presented a
proclamation to James Grigsby, Chief of Fire/Ems, declaring October 3 - 9, 2004,
as Fire Prevention Week.
CONSENT AGENDA
The Vice-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, the item would be removed from the Consent Agenda
and considered separately.
DIRECTOR OF FINANCE-CITY CLERK-OATHS OF OFFICE-FIRE DEPARTMENT-
CITY A-I-fORNEY-COM MITTEES-HOUSING/AUTHORITY-CABLE TELEVISION-PARKS
AND RECREATION-MUNICIPAL AUDITOR: 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 two year
terms of office, commencing October i, 2004, and
ending September 30, 2006;
Roger B. Holnback as a member of the Parks and
Recreation Advisory Board, for aterm ending March 31,
2007;
Edwin L. Noell as a member of the Board of Fire
Appeals, for a term ending June 30, 2008;
Althea L. Pilkington as a member of the Roanoke
Neighborhood Advocates, to fill the unexpired term of
Joseph A. Schupp, resigned, ending June 30, 2006; and
Anita M. Powell as a Commissioner of the Roanoke
Redevelopment and Housing Authority, for a term
ending August 31, 2008.
Mr. Cutler moved that the reports of qualification be received and filed.
The motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None .................................................... 0.
(Mayor Harris and Council Member Dowe were absent.)
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REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
communication advising that since 1996, Blue Ridge Housing Development
Corporation (BRHDC) has successfully conducted housing programs for the City
of Roanoke using Community Development Block Grant (CDBG) and HOME
Investment Partnerships Program (HOME) funds; on May 13, 2004, Council
authorized Blue Ridge Housing Development Corporation's 2004-2005
Community Development Block Grant and HOME activities and funding pursuant
to Resolution No. 36695-051304, which approved the City's 2004-2005 Annual
Update to the Consolidated Plan for submission to the U. S. Department of
Housing and Urban Development; Council accepted 2004-2005 Community
Development Block Grant and HOME funds on June 21, 2004, pursuant to
Ordinance No. 36719-062104 and Resolution No. 36720-062104, pending
approval from HUD; and grant agreements with HUD have since been signed.
It was further advised that in order for Blue Ridge Housing Development
Corporation to conduct its approved 2004-2005 housing activities, authorization
by Council to execute a subgrant agreement with BRHDC is needed; the
necessary Community Development Block Grant and HOME funding is available
and identified in an attachment to the communication; and a total of
$513,147.00 will be provided to Blue Ridge Housing Development Corporation
under the agreement for new homeownership activities.
The City Manager recommended that she be authorized to execute the
2004-2005 Community Development Block Grant/HOME Subgrant Agreement
with Blue Ridge Housing Development Corporation, to be approved as to form by
the City Attorney.
Mr. Cutler offered the following resolution:
(#36867-100704) A RESOLUTION authorizing the appropriate City officials
to execute the subgrant Agreement with the Blue Ridge Housing Development
Corporation to conduct 2004-2005 housing activities using Community
Development Block Grant ("CDBG") and HOME Investment Partnerships Program
funds in the amount of $513,147.00, upon certain terms and conditions.
334
(For full text of resolution, see Resolution Book No. 69, Page 137.)
Mr. Cutler moved the adoption of Resolution No. 36867-100704. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None ................................................... 0.
(Mayor Harris and Council Member Dowe were absent.)
HEALTH DEPARTMENT-BUDGET-HUMAN DEVELOPMENT: The City Manager
submitted a communication advising that the City of Roanoke Department of
Social Services and the State Health Department entered into an agreement in
1.994 to establish an Eligibility Worker position through the Department of Social
Services to be placed at the Roanoke Health Department to ensure that all
citizens have an opportunity to apply for Medicaid; and the Agreement will
remain in effect until modified by mutual consent or operation of law.
It was further advised that total cost of the position is $38,050.00; and
approximately 50 per cent of the cost will be reimbursed from Federal Medicaid
administrative funds, with the Health Department reimbursing the remaining
cost.
The City Manager recommended that she be authorized to continue the
services of the Eligibility Worker stationed at the Health Department in
accordance with the original agreement; that Council appropriate funds, as
follows, in accounts to be established in the Grant Fund by the Director of
Finance; and establish a revenue estimate of $38,050.00 from State and Federal
sources.
· Salary $28,874.00
· City Retirement 2,823.00
· ICMA Match 650.00
· FICA 2,104.00
· Health Ins. 3,300.00
· Dental Ins. 221.00
· Disability Ins. 78.00
$38,050.00
Ms. McDaniel offered the following budget ordinance:
335
(#36868-100704) AN ORDINANCE to appropriate funding for the Eligibility
Worker position, amending and reordaining certain sections of the 2004-2005
Grant Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 138.)
Ms. McDaniel moved the adoption of Ordinance No. 36868-100704. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None .................................................... 0.
(Mayor Harris and Council Member Dowe were absent.)
Mr. Cutler offered the following resolution:
(#36869-i00704) A RESOLUTION authorizing the City Manager to continue
the services of the Eligibility Worker stationed at the Health Department in
accordance with the original Agreement between the Roanoke City Department of
Social Services, the State Health Department and the Virginia Department of
Social Services, upon certain terms and conditions.
(For full text of resolution, see Resolution Book No. 69, Page i39.)
Mr. Cutler moved the adoption of Resolution No. 36869-i00704. The
motion was seconded by Mr. Lea and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None .................................................... O.
(Mayor Harris and Council Member Dowe were absent.)
POLICE DEPARTMENT-BUDGET-DIVISION OF MOTOR VEHICLES-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 DMV offers funds to successful
applicants for activities which improve highway safety in Virginia.
It was further advised that the Roanoke Police Department has been
awarded grant funding for the period October 1, 2004 through September 30,
2005, in the amount of $20,000.00 for the following projects:
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Overtime and related FICA expenditures associated with conducting
selective enforcement activities which target Driving Under the
Influence (DUI), speeding, and motor vehicle occupant safety.
For the purchase of 32 rechargeable battery-powered flare/flasher
units.
For the purchase one 5' x 8' DUI checkpoint trailer.
For the purchase of radar units and portable traffic sensors and
software. The equipment will be used to monitor speed and enforce
traffic laws during periodic aggressive driver enforcement initiatives.
It was explained that there is a statistical 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 times when such violations are most
likely to occur.
The City Manager recommended that Council accept the Driver/Occupant
Awareness grant, and that she be authorized to execute grant agreements and
any related documents, subject to approval as to form by the City Attorney; and
that Council appropriate funds totaling $20,000.00 and establish corresponding
revenue estimates in accounts to be established by the Director of Finance in the
Grant Fund.
Ms. McDaniel offered the following budget ordinance:
(#36870-100704) AN ORDINANCE to appropriate funding for the
Driver/Occupant Awareness Grant, the Flare Flasher DUI Checkpoint Trailer Grant
and the Enhanced Speed Enforcement Grant, amending and reordaining certain
sections of the 2004-2005 Grant Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of ordinance, see Ordinance Book No. 69, Page 140.)
Ms. McDaniel moved the adoption of Ordinance No. 36870-100704. The
motion was seconded by Mr. Lea and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None .................................................... 0.
(Mayor Harris and Council Member Dowe were absent.)
Ms. McDaniel offered the following resolution:
337
(#36871-100704) A RESOLUTION accepting the Driver/Occupant
Awareness grant offer made to the City by the Virginia Department of Motor
Vehicles, and authorizing execution of any required documentation approved as
to form by the City Attorney.
(For full text of resolution, see Resolution Book No. 69, Page 141.)
Ms. McDaniel moved the adoption of Resolution No. 36871-100704. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-
Mayor Fitzpatrick .................................................... 5.
NAYS: None .................................................... 0.
(Mayor Harris and Council Member Dowe were absent.)
EMERGENCY SERVICES-FLOOD REDUCTION/CONTROL: The City Manager
submitted a communication advising that the City experienced a flood event
commencing on Tuesday, September 28, 2004, which resulted in both public and
private damage and significant cost to the City in dealing with the impact of the
emergency; and an initial estimate of cost for the event, including damage to
public property and damage to homes and businesses, is estimated at $4 million,
which estimates are subject to change as findings are updated and insurance
estimates are received.
It was further advised that damage estimates, the slow economy, and
reductions in State funding limit the City's ability to cover the cost of expenses
resulting from these events; on September 28, 2004, the City Manager declared a
local emergency as a result of the flood.
It was explained that the declaration of a local emergency does not
automatically guarantee that State and Federal financial assistance will be
provided; and the Governor will make a decision on whether or not to request
Federal assistance, once state-wide damage estimates are received.
The City Manager recommended that Council confirm her action to declare
the existence of a local emergency for a flood commencing on September 28,
2004.
Mr. Cutler offered the following resolution:
(#36872-100704) A RESOLUTION confirming the declaration of a local
flooding emergency; conferring emergency powers in the City Manager as
Director of Emergency Management; authorizing the City Manager to make
application for Federal and State public assistance to deal with such emergency;
designating a fiscal agent and an agent for submission of financial information
for the city; and calling upon the Federal and State governments for assistance.
338
(For full text of resolution, see Resolution Book No. 69, Page 142.)
Mr. Cutler moved the adoption of Resolution No. 36872-100704. The
motion was seconded by Ms. McDaniel.
Mr. Chris Craft, 1501 East Gate Avenue, N. E., advised that Victory Stadium
would not have flooded if the flood wall had been constructed. He stated that
Victory Stadium and the football field could have been ready for local high school
football games if more attention had been given to cleaning up the facility
following the recent flood event in the City of Roanoke.
Resolution No. 36872-100704 was adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None .................................................... 0.
(Mayor Harris and Council Member Dowe were absent.)
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the City of Roanoke for the month of August 2004.
(For full text, see financial report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the Financial Report
for the month of August 2004 would be received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
BONDS/BOND ISSUES-SCHOOLS: A communication from George J. A.
Clemo, Attorney, advising that on August 16, 2004, Council adopted Resolution
No. 36816-081604 authorizing the filing of an application with the Virginia
Public School Authority (VPSA) for bond financing of $1,300,000.00 for capital
improvements at Lincoln Terrace Elementary School and authorizing publication
of a notice for public hearing required under the Public Finance Act before the
bonds may be issued; a Virginia Public School Authority application was filed on
August 25, 2004; and a public hearing was held by Council on September 7,
2004, on the proposed bond issue, was before the body.
Mr. Cutler offered the following resolution:
339
(#36873-100704) A RESOLUTION authorizing the issuance of not to exceed
$1,300,000.00 general obligation school bonds of the City of Roanoke, Virginia,
Series 2004-A, to be sold to the Virginia Public School Authority and providing
for the form and details thereof.
(For full text of resolution, see Resolution Book No. 69, Page 143.)
Mr. Cutler moved the adoption of Resolution No. 36873-100704. The
motion was seconded by Ms. McDaniel and adopted by the following vote:
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None .................................................... 0.
(Mayor Harris and Council Member Dowe were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
ARMORY/STADIUM - CITY COUNCIL - FLOOD REDUCTION/CONTROL-
SCHOOLS: Council MemberWishneffadvised that at the next meeting of Council
on Monday, October 18, 2004, when all members of the Council and the City
Manager are in attendance, he would request a closed meeting of Council to
discuss the performance of certain City personnel.
He expressed concern in regard to recent newspaper articles regarding
flooding conditions at Victory Stadium as a result of Hurricane Jeanne on
September 28, 2004, and remarks by certain City employees relative to whether
flooding would have occurred if the flood wall had been constructed. He stated
that there is no higher priority in the City of Roanoke than its youth, and
expressed concern over the City's apparent lack of efforts to clean up Victory
Stadium following the flood in time for the Patrick Henry High School
Homecoming Football Game which was scheduled to be played on Friday,
October 8.
Council Member Lea concurred in the remarks of Mr. Wishneffand spoke in
support of developing a contingency plan to move high school football games to
other venues in the Roanoke area if the Victory Stadium field in not in a condition
to allow for high school football games to be played during the remainder of the
season. He expressed concern that the City's efforts to clean up Victory Stadium
appeared to be lagging behind those of another Roanoke Valley locality.
George C. Snead,Jr., Assistant City Manager for Operations, was requested
to provide a status report on the condition of the Victory Stadium field.
340
Mr. Snead called attention to previous remarks regarding the condition of
the Moyer Sports Complex in the City of Salem, which was cleaned up following
the flood and is now ready for use. He explained that the Moyer Sports Complex
contains a substantial amount of sand as a part of the field substructure in both
the end field and the grassed area and has atendencyto drain faster than Victory
Stadium which has very little sand in its subsoil base and tends to drain slowly,
therefore, it is a challenge to maintain the field when it is saturated. He stated
that in examining the condition of VictoryStadium following the flood, it was the
opinion of City staff that since the field was highly saturated, there would be
more damage to the field if the football game were allowed to be played,
therefore, a decision was made to not allow activity on the Victory Stadium field
in an effort to salvage the field for the balance of the football season. He
advised that a considerable amount of work was done on the inside of Victory
Stadium, i.e.: public restrooms and locker rooms, etc., but no water was
interjected around the track area or on the stadium field.
In response to Mr. Lea's question, Mr. Snead advised that there were
conversations with school principals and athletic directors in regard to evaluating
the Victory Stadium field and reaching a consensus on its playability for football,
and no discussions have taken place with school officials in regard to identifying
a contingency plan.
Vice-Mayor Fitzpatrick advised that the City has experienced three flood
events in the last 60 days, over 100 homes and 43 businesses were flooded and
City staff is continuing to clean mud ridden streets throughout the City of
Roanoke. Therefore, he stated that the issue is not just cleaning up Victory
Stadium, but the entire City of Roanoke. He stated that as a result of the
questions and concerns raised by some Members of Council, it is hoped that the
City administration will provide more detail on where the City spent the majority
of staff time and money and any other staff issues that the majority of Council
would like to address relative to Victory Stadium.
Mr. Snead reviewed flood-related activities that were addressed by City
staff during the first approximately 72 hours following the September 28, 2004,
flood event; i.e.: the Swift Water Rescue Team responded to approximately 50
calls in the Roanoke Valley, occupants of businesses and private homes were
assisted in connection with pumping out basements and removal of personal
items, the Police Department responded to hundreds of calls in the first 12 hour
period with regard to traffic related issues, street closings, etc., the 911 Center
addressed concerns of citizens, the City Engineer's Office identified and
responded to drainage complaints, the Solid Waste Management division
addressed challenges in connection with solid waste pickup, the Streets and
Traffic department dealt with issues surrounding two mud slides in the City, Civic
Center staff addressed issues at Victory Stadium and created a shelter for
displaced citizens and a base of operation for the local chapter of the American
Red Cross, the Sheriff's Department provided assistance with various types of
issues, staff of the Social Services and Human Services Departments were placed
on stand by in the event that it became necessary to activate the phone bank in
341
the Emergency Operations Center of the Municipal Building, and the Department
of Real Estate Valuation assisted with assessment of damages to property which
enabled the City to submit its assessment report in the required 72 hour time
period. He advised that to date, approximately 43 businesses have reported
substantial water damage, 25 truckloads of debris were removed from the public
streets and approximately 100 tons of gravel and stone were used to stabilize
edges of streets and rights-of-way to prevent further damage; Parks and
Recreation staff continues to clean up along the greenway system, and the
Wastewater Treatment Plant was out of commission for approximately ten days
as a result of substantial damage to the main treatment building, however, the
plant is now functioning under the tertiary three step process
The Vice-Mayor entertained a motion that the City Attorney be instructed
to prepare the proper measure expressing appreciation to City employees and to
the citizens of Roanoke for their efforts in connection with cleaning up
the City of Roanoke following the flood event on September 28, 2004, as
a result of Hurricane Jeanne; whereupon, on motion of Mr. Cutler, seconded by
Ms. McDaniel, the motion was adopted.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Vice-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,
recommendation or report to Council.
ARMORY/STADIUM-FLOOD REDUCTION/CONTROL-SCHOOLS: Mr. Chris
Craft, 1501 East Gate Avenue, N. E., advised that a representative, age 30 or
younger, should be appointed to the Stadium Study Committee. He stated that
cleaning up Victory Stadium should be a priority of the City so that the
Patrick Henry High School Homecoming football game can be played on Friday,
October 8, 2004.
ARMORY/STADIUM-FLOOD REDUCTION/CONTROL-SCHOOLS: Ms. Lisa S.
Updike, 2803 Woodlawn Avenue, S. W., advised that it should not be implied that
Victory Stadium is a bigger priority than the safety of Roanoke's citizens, their
homes, or their livelihood, but citizens believe that the City of Roanoke should
be held accountable to support and to provide adequate maintenance at Victory
Stadium. She stated that the needs and desires of Roanoke's children are not a
small issue; and Roanoke's school community consists of 1800 students enrolled
at Patrick Henry High School and 1400 students at William Fleming High School
with families who pay taxes in the City of Roanoke. She added that high school
football and other sporting events build school comradeship and to disappoint
the school community by not appropriately addressing clean up efforts at Victory
Stadium is a serious disappointment to Roanoke's youth. She called attention to
conflicting information that was provided by City staff and School staff regarding
the field at Victory Stadium; therefore, it is requested that Council intervene and
provide positive and immediate activity in regard to the Victory Stadium field so
that high school football can be played on the evening of October 8.
342
Ms. Carol Brash, 2259 Westover Avenue, S. W., President, Patrick Henry
PTSA; past President, Roanoke Central Council PTA; and a member of the Patrick
Henry High School Athletic Boosters Club, advised that the Central Council PTA
adopted a resolution urging Council to take immediate action to clean up the
Victory Stadium field. She stated that the issue is more wide spread than a high
school football game, and involves an overall community issue, especially in view
of past negative publicity about Roanoke's schools and conditions surrounding
construction at Patrick Henry High School. Therefore, she added that the ability
to play football on the home turf is important to students, staff, parents and the
community. She advised that Roanoke's students deserve to play their games in
the City of Roanoke where their families can attend to lend support, and asked
that Council hold City staff accountable for cleaning up Victory Stadium and
forget about the politics of whether Victory Stadium will be renovated or a new
stadium will be constructed.
COMPLAINTS-ARMORY/STADIUM: Mr. Robert Gravely, 729 Loudon Avenue,
N. W., advised that there is confusion as to which City department is responsible
for cleaning up Victory Stadium. He expressed concern with regard to the overall
lack of cleanliness of the City of Roanoke.
ARMORY/STADIUM-FLOOD REDUCTION/CONTROL-SCHOOLS-COUNCIL:
Ms. Helen E. Davis, 35 Patton Avenue, N. E., concurred in the remarks of
Ms. Updike and Ms. Brash, and advised that Victory Stadium has been neglected
by the City of Roanoke for some time. She stated that all citizens are concerned
about the impact of the flood on Roanoke's citizens and businesses. She asked
that Members of Council be allowed to state their opinions in public session, but
when there is disagreement among the Council, it would be more professional to
address issues of concern in a private setting, as opposed to the open Council
forum.
ACTING CITY MANAGER COMMENTS: NONE.
At 3:30 p.m., the Vice-Mayor declared the meeting in recess for one
Closed Session.
At 5:45 p.m., the Council meeting reconvened in the Council Chamber,
with Vice-Mayor Fitzpatrick presiding, and all Members of the Council in
attendance, with exception of Mayor Harris and Council Member Dowe.
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 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 Ms. McDaniel and adopted by the
following vote:
343
AYES: Council Members Lea, McDaniel, Wishneff, Cutler, and Vice-Mayor
Fitzpatrick .......................................................... 5.
NAYS: None .................................................... 0.
(Mayor Harris and Council Member Dowe were absent.)
SCHOOLS-ARMORY/STADIUM-FLOOD REDUCTION/CONTROL-ROANOKE
CIVIC CENTER: The Assistant City Manager for Operations advised that the
Director of Civic Facilities reports that the Victory Stadium field can be marginally
playable, with some saturated areas, by Friday, October 8, 2004; however, in
view of concerns regarding the general environment, i.e.: fencing, crowd control,
ticketing, etc., the Acting Superintendent of Schools and the Principal of Patrick
Henry High School have made the decision to hold the Patrick Henry High School
Homecoming football game at Heritage High School in Lynchburg, Virginia, on
Friday, October 8, 2004, with the goal of playing football at Victory Stadium on
Friday, October 15.
OATHS OF OFFICE-COMMITTEES-CITY EMPLOYEES: The Mayor advised that
there is a vacancy on the Personnel and Employment Practices Commission due
to the resignation of TamaraAsher and called for nominations to fill the vacancy.
Mr. Lea placed in nomination the name of Gregory W. Staples.
There being no further nominations, Mr. Staples was appointed as a
member of the Personnel and Employment Practices Commission, to fill the
unexpired term of Tamara Asher, ending June 30, 2007, by the following vote:
FOR MR. STAPLES: Council Members Lea, McDaniel, Wishneff, Cutler, and
Vice-Mayor Fitzpatrick ................................................ 5.
(Mayor Harris and Council Member Dowe were absent.)
Inasmuch as Mr. Staples is not a resident of the City of Roanoke, Mr. Lea
moved that the City residency requirement be waived in this instance. The
motion was seconded by Mr. Cutler and adopted.
At 5:50 p.m., the Vice-Mayor declared the Council meeting in recess until
Wednesday, October 13, 2004, at 12:00 noon at the Salem Civic Center,
Section 3, 100:1 Boulevard, Salem, Virginia, for the Regional Leadership Summit
with General Assembly representatives to discuss key legislative issues.
The City Council meeting reconvened on Wednesday, October 13, 2004, at
12:00 noon at the Salem Civic Center, Section 3,100! Boulevard, Salem, Virginia,
for a meeting of representatives of the Regional Leadership Summit.
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PRESENT: Council Member M. Rupert Cutler ......................... Z.
ABSENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
Sherman P. Lea, Brenda L. McDaniel, Brian J. Wishneff and Mayor C. Nelson
Harris .............................................................. 6.
OFFICERS PRESENT: Jesse A. Hall, Director of Finance; Rolanda B. Russell,
Assistant City Manager for Community Development; George C. Snead, Jr.,
Assistant City Manager for Operations; and Sheila N. Hartman, Assistant City
Clerk.
Also present were: Senator John S. Edwards; Josh Myers, Aide to Delegate
H. Morgan Griffith; Delegate William H. Fralin,Jr.; Wayne G. Strickland, Secretary,
Fifth Planning District Regional Alliance; and members of CityCouncils/Boards of
Supervisors and staff of the following localities: Alleghany County, Botetourt
County, Franklin County, Roanoke County, City of Covington, City of Salem, and
Town of Vinton.
LEGISLATION: Mr. Strickland presented the following 2005 Regional
Legislative Agenda:
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 costs -- reflecting actual education practices to include
capital, operating and maintenance costs.
TAXING AND FUNDING: The 2004 General Assembly passed the Personal
Property Tax Relief Act (PPTRA). The provisions of this legislation will directly
affect several communities in this region. Some issues of concern associated
with the Act are:
There is no provision to reimburse localities for PPTRA during
the period January 1through June 20, 2006, relevant to either
delinquent accounts or current year installment payments due
within this time period.
The requirement that localities adopt a multi-tiered tax
structure will force many local governing bodies to raise the
rate each year due principally to uncontrollable demographic
factors such as population growth.
With institution of the new tax rate system, no provision has
been made to correct for either overages or shortages if the
Iocality's tax rate(s) are not truly revenue neutral.
Affected local governments will incur a substantial amount of
time and expense to make programming changes in order to
accommodate revisions to the PPTRA.
345
A substantial number of taxpayers whose vehicles are
assessed at less than $1,000.00 will not be put back on the
tax rolls.
The burden of explaining the new legislation to citizens
(including why the tax rate and/or percentage of relief will
vary among surrounding localities) will be difficult.
Funding for Virginia's Regional Competitiveness Program (RCP) was
eliminated in 2002; the General Assembly needs to fund this important program.
The Commonwealth established the RCP in 1996 and since that time more than
227 regional projects throughout Virginia have been supported by RCP funds; 31
projects have been supported in the Roanoke Valley-Alleghany Region using RCP
funds; each dollar of RCP funds have been leveraged with $19.00 of non-state
funds, and has supported regional industrial parks, workforce
development/education, tourism and infrastructure development.
The Commonwealth of Virginia needs to move aggressively to reform its
tax system. Three study commissions were established to examine the problem
of funding state and local governments and as yet there has been no major
movement toward tax reform. The General Assembly should continue to work
diligently on reforming the State's tax system to ensure that Virginia's tax system
is fair and aligns service delivery responsibilities with revenue sources at the
State and local level.
LOCAL AUTHORITY: The General Assembly should not pass legislation that
takes away local government authority over land use issues. For example,
legislation has been proposed that will require manufactured 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.
TRANSPORTATION: The General Assembly should:
Require the Virginia Department of Transportation (VDOT) to
find a funding mechanism to expedite the
widening/improvements to Interstate 81, the economic
lifeblood of western Virginia; improvements will enhance
safety and promote the economy of the region.
Fund the Smart Road outside of VDOT funds allocated to the
Salem Transportation District; approximately 35 per cent of
the funds allocated to the Salem District will be used to pay
for the Smart Road, an economic benefit for the entire
Commonwealth and the nation.
346
Plan for the development of rail freight along 1-81 to
complement the widening of the interstate with the purpose of
moving a large volume of the long-distance freight traffic
from trucks to freight trains on dual track, high-speed rails
parallel to 1-81.
Fund implementation of passenger rail service in the Roanoke
to Bristol corridor, to provide a good multi-modal addition to
highways and airports currently serving the region.
UPDATE-SENATE BILL 5005: Elmer Hodge, Roanoke CountyAdministrator,
presented the following concerns regarding the status of implementation of
SB 5005:
The 2006 State budget is short $250 million, representing
payments that are owed to localities that bill personal
property taxes in the Spring, and a budget amendment needs
to be introduced that will add the money back to the budget.
The current promise to pay the Spring billers in July of
2006 is a one year promise at best as contained in the
appropriation language, not the legislation; and
localities are in danger of losing $10.5 million of
budgeted revenues annually.
At best, if it is simply a cash flow problem, there will be
a need to cover $10.5 million for up to a three month
period (April - June).
(2)
Localities will be required to adopt two or more tax rates each
year, and list each rate on the bill.
The computation to arrive at the "reduced rate" will
require estimation for the effect of pro-ration, which
will involve risk of over/under collection.
The "reduced rate" will increase every year, making it
appear that the local government is increasing the tax
rate.
Mr. Hodge advised that the legislation affects the on-going operation
of about one-third of the localities; the State wants to shift the
reimbursement of the personal property taxes to the localities some 60-75
days later, which could be as late as August of the next fiscal year,
rather than the current two to four day time period of the fiscal year;
there is the possibility of a cash flow lag and a locality could be in
technical default according to State law if the locality cannot make payments
from their reserves, thus having a negative impact on their bond rating.
347
In addition, he stated that if the tax dollars are not delivered, localities could end
their fiscal year with a deficit, which they cannot do legally; and another concern
is the actual computation of the tax rate that will be shown on the tax bill,
making calculations through assumptions (either over valuing or under valuing
personal property). He added that these computations and calculations will
necessitate a change in a Iocality's computer programs; in addition, calculations
would need to be made from year to year to anticipate what the tax rates would
be in order to supplement the caps set by the State.
He recommended that each locality include this critical issue in their
legislative agenda for review, and require the General Assembly to address the
matter by stating, in writing, what the legislature will do to address the problem.
Jesse A. Hall, Director of Finance, stated that House Bill 1174, which was
enacted last year, and effective July :1, 2005, deals with restructuring taxation on
the telecommunications industry. He noted that the intent of the legislation is to
establish a new method of taxation to replace taxes and fees which will be
repealed; i.e.: local consumer utility tax on consumers of local exchange and
wireless services, gross receipts tax in excess of 0.5 per cent, the Virginia Relay
Center Assessment, and state and local E-911 taxes and fees; the new tax would
be imposed at a rate approximating the combined State and local sales tax rate
and the new 911 tax and fee would not exceed $0.75 per line; and the 2005
legislation would set forth a distribution methodology for these revenues so that
the State and local governments would receive at least as much revenues as they
received in fiscal year 2004. He stated that the Auditor of Public Accounts will be
required to determine revenues received by the Commonwealth and its localities
from taxes and fees during fiscal year 2004 and determine whether the intended
tax rates would be sufficient to replace revenues from the repealed taxes, and, if
reviews are not sufficient, the General Assembly will not proceed with
telecommunications tax restructuring legislation in the 2005 Session. In
addition, he advised that a joint subcommittee has been working with
representatives of industry and local governments to continue to develop
recommendations concerning the following: an authority or third party to receive
and disburse revenues to the State and individual local governments; a
distribution methodology for apportioning the revenues; and a centralized and
uniform method for auditing the revenues produced by taxes and fees. He noted
that the subcommittee will report its findings and recommendations to the
Chairs of the House and Senate Committees no later than November :15, 2004.
Mr. Hodge requested that area localities work together to address these
serious concerns with their legislators.
Mr. Strickland stated that the General Assembly should:
Address issues related to the PPTRA in the 2005 Session to
ensure that the Act will not place an undue burden on those
communities affected by the legislation.
348
Eliminate the distinction in taxing authority of Virginia's cities
and counties, namely counties should possess the same
authority as cities to levy taxes on tobacco products, lodging,
meals and admissions.
· Not limit or restrict existing local revenue sources.
· Continue to work on tax reform
COMMENTS BY LEGISLATORS:
Senator Edwards advised that there has been the greatest increase of
funding in the history of the Commonwealth of Virginia for public education
($1.5 billion) which was part of the Tax Reform Plan; the glitch of funding for
localities - $21 million affecting the Roanoke Valley and $250 million affecting
localities statewide; and the Governor is working on the matter and will submit a
plan to address concerns/mistakes. He expressed regret that the Regional
Competitiveness Program was not fixed this year inasmuch as there have been
three years of short falls; some positive actions have been taken such as the
increase in the personal exemption, and about 140,000 people will no longer
have to file a tax return.
He further stated that the six-year transportation plan was cut by 28 per
cent over the past two years; there are two ways to solve the transportation
problem - tolls or taxes (gas tax); tolls on cars would not work and would not be
supported in the General Assembly, and tolls on trucks would be problematic.
He added that revenues from the gas tax are inadequate; there is a proposal ora
tax increase of $.03 per gallon of gas at the pump, and that amount plus the five
and one-half per cent tax at the wholesale level, would raise about $1.6 billion.
He stated that last year, the sales tax issue was resolved, and the tax reform plan
helped to resolve certain other problems; it is hoped that legislators will address
the transportation problem during the upcoming session of the General
Assembly, and the matter should be handled on a statewide basis, rather than on
a regional basis. He noted that the problem with Interstate 8:1 (I-8:1) is not cars,
but trucks, in particular the 70 per cent of long-haul trucks that pass through
the state; transferring long-haul freight to rail service would greatly improve the
situation; the cost of freight rail service could be offset bya surcharge on freight;
and on-time delivery problems could be addressed by improvements to train
infrastructure. He stated that the widening of lanes on 1-81 would not
completely solve the problem with trucks; and encouraged continued regional
development and cooperation.
Josh Myers, Aide to Delegate H. Morgan Griffith, stated that he would relate
the concerns expressed by the group to Delegate Griffith; and Delegate Griffith is
aware of tax relief issues and has offered his assistance to solve the problems.
He asked that additional information or concerns be forwarded to him.
349
Delegate Fralin, stated that he has enjoyed working with local
representatives; regionalism is important, future redistricting of representatives
will require localities to continue to work together regionally; and there have
been significant increases in funding for education. He noted that awork group
has been established to address the tax "glitch", and it is important that localities
be held harmless; and it was not the intent of the legislature to cause problems
or to penalize localities. He further noted that tax reform issues need to be
addressed; he is a member of a House Task Force special committee appointed
to study transportation issues, and it is hoped that a variety of solutions will be
proposed. He stated that Virginia is a donor state and he will work with Federal
legislators to ensure that Virginia receives its fair share of the Federal gas tax.
He advised that he was proud to represent the Roanoke area and requested that
local representatives contact him with regard to issues of concern.
Joseph McNamara, Chair, Roanoke County Board of Supervisors, stated that
the funding short fall is a big issue; localities need guarantees; it is important
that legislation be laid out in specific and exact terms, tax restructuring is
placing local politicians in a bad position; and localities need the full one per
cent sales tax increase option.
OTHER BUSINESS/ANNOUNCEMENTS:
Mr. Strickland stated that the next Mayors and Chairs meeting will be held
on December 2, and Craig County has extended an invitation to host the Spring
meeting, with the date and location to be announced at a later date.
There being no further business, the meeting of Roanoke City Council was
adjourned at 1:45 p.m.
APPROVED
A'I-I'EST:
Mary F. Parker
City Clerk
Beverly T. Fitzpatrick, Jr.
Vice-Mayor
C. NELSON HARRIS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., ROOM 452
ROANOKE, VIRGINIA 24011 - 1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1 45
November 15, 2004
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request 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.
Sincerely,
CNH:snh
C. Nelson Harris
Mayor
C. NELSON HARRIS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., ROOM 452
ROANOKE, VIRGINIA 24011 - 1594
TELEPHONE; (540) 853 2444
FAX: (540) 853 1145
November 15, 2004
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request 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.
Sincerely,
CNH:snh
C. Nelson Harris
Mayor
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.corn
November 15, 2004
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr,, Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Encroachment into Public
Right-of-Way / Awning at 105 Wall
Street, SE Tax No. 4010319
Pursuant to the requirements of the Virginia Code, the City of Roanoke is
required to hold a public hearing on proposed encroachments into public
right-of-way. This is to request that a public hearing be advertised on the
above matter for Council's regular meeting to be held on Monday, December
6, 2004. A full report will be included in the December 6, 2004, agenda
material for your consideration.
City Manager
DLB/SEF
C:
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Jesse A. Hall, Director of Finance
Sarah E. Fitton, Engineering Coordinator
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~¢i.roanok¢.va, us
November 18, 2004
File #-110-207
STEPHANIE M. MOON
Deputy City Clcrk
SHEILA N. HARTMAN
Assistant City Clcrk
Dennis R. Cronk, Vice-Chair
Industrial Development Authority
3310 Kingsbury Cimle, S. W.
Roanoke, Virginia 24014
Dear Mr. Cronk:
This is to advise you that Charles E. Hunter, Ill, has qualified as a Director of the Industrial
Development Authority for a term ending October 20, 2008.
,/~ ~.~, j ~.,~_Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
pc: Stephanie M. Moon, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Charles E. Hunter, III, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that lwill faithfully and impartially discharge and
perform all the duties incumbent upon me as a Director of the Industrial
Development Authority for aterm ending October 20, 2008, according to the best
of my ability (So help me God).
Subscribed and sworn to before me this ~day of Y/~' 2004.
BRENDA S. HAMILTON, CLERK
, DEPUTY CLERK
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 18, 2004
File #15-110-230
Judith M. St. Clair, Secretary
Roanoke Arts Commission
Roanoke, Virginia
Dear Ms. St. Clair:
This is to advise you that Terri R. Jones has qualified as a member of the Roanoke
Arts Commission, for a term ending June 30, 2007.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, CMC, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Terri R. Jones, do solemnly swear (or affirm) that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of Virginia,
and that I will faithfully and impartially discharge and perform all the duties incumbent
upon me as a member of the Roanoke Arts Commission, for a term ending June 30,
2007, according to the best of my ability (So help me God).
Subscribed and sworn to before me this~'"day of ~0~--A~¢-(2004.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
BY ~ "~-~ ,DEPUTY CLERK
C:\MY FILES\DOCUMENTS~HOPKINS.OATH.DOC
07')' OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 3, 2004
File #15-178
John P. Baker, Executive Director
Roanoke Redevelopment and Housing Authority
P. O. Box 6459
Roanoke, Virginia 24017-0359
Dear Mr. Baker:
This is to advise you that Mornique E. Smith has qualified as aCommissioner of the
Roanoke Redevelopment and Housing Authority, for a term ending August 31,
2008.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, CMC, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, MORNIQUE E. SMITH, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge and
perform all the duties incumbent upon me as a Commissioner of the Roanoke
Redevelopment and Housing Authority, for a term ending August 3:~, 2008,
according to the best of my ability (So help me God).
Subscribed and sworn to before me this
· day of r~_zn~. 2004.
BRENDA S. HAMILTON, CLERK OF CIRCUIT COURT
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 18, 2004
File #15-110-202
Kenneth S. Cronin, Secretary
Personnel and Employment Practices Commission
Roanoke, Virginia
Dear Mr. Cronin:
This is to advise you that Gregory W. Staples has qualified as a member of the
Personnel and Employment Practices Commission, for a term ending June 30, 2007.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, CMC, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, GregoryW. Staples, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Personnel
and Employment Practices Commission, for a term ending June 30, 2007,
according to the best of my ability (So help me God).
Subscribed and sworn to before me this~-~day of ~' 2004.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
BY ~'~~ , DEPUTY CLERK
L:\CLERK~DATA\CKEW 1 \oath and leaving service\personnel and employment practices commission\Gregory W Staples oath,doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virgirfia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 15, 2004
Honorable C. Nelson Harris, Mayor and Members of City Council
Roanoke, VA 24011
Dear Mayor Harris and Members of Council:
Subject: Farmer's Market
This is to request space on Council's regular agenda for a 10 minute
presentation on the above referenced subject.
Respectfully submitted,
City Manager
DLB:sm
C: City Attorney
Director of Finance
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 15, 2004
Honorable C. Nelson Harris, Mayor and Members of City Council
Roanoke, VA 24011
Dear Mayor Harris and Members of Council:
Subject: City Market Building
This is to request space on Council's regular agenda for a 45 minute
presentation on the above referenced subject.
Respectfully submitted,
City Manager
DLB:sm
C:
City Attorney
Director of Finance
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 18, 2004
File #207
Darlene k. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36895-111504 authorizing the City Manager
to execute the necessary documents consenting to the conveyance of New Tract F,
Tax Map Number 7230105, located at the Roanoke Centre for Industry and
Technology, from SEMCO Incorporated of Virginia to SEMCO Duct and Acoustical
Products, Inc., upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, November ~.5, 2004, and is in full
force and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attach me nt
Darlene L. Burcham
November 18, 2004
Page 2
pc:
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Elizabeth A. Neu, Director, Economic Development
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of November, 2004.
No. 36895-111504.
AN ORDINANCE authorizing the City Manager to execute the necessary documents
consenting to the conveyance of New Tract F, Tax Map Number 7230105, located at the
Roanoke Centre for Industry and Technology, from SEMCO Incorporated of Virginia to
SEMCO Duct and Acoustical Products, Inc., upon certain terms and conditions, and dispensing
with the second reading by title of this ordinance.
WHEREAS, on November 11, 2003, the City of Roanoke sold New Tract F, Tax Map
Number 7230105, to SEMCO Incorporated of Virginia ("SEMCO Inc."), contingent upon
SEMCO Inc., complying with certain terms and conditions set forth in the deed and
attachment to the deed; and
WHEREAS, SEMCO, Inc., wishes to convey New Tract F, Tax Map Number 7230105,
to a subsidiary named SEMCO Duct and Acoustical Products, Inc., with the same terms and
conditions set forth in the original deed and attachment to the deed.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia that:
1. The City Manager and City Clerk are authorized to execute and attest,
respectively, upon form approved by the City Attorney, the necessary documents consenting to
the conveyance of New Tract F, Tax Map Number 7230105, located at the Roanoke Centre for
Industry and Technology ("RCIT"), from SEMCO Incorporated of Virginia to SEMCO Duct and
Acoustical Products, Inc., upon certain terms and conditions, and as more particularly stated in
the City Manager's letter to City Council dated November 15, 2004.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 15, 2004
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Transfer of Property of RCIT
On October 31, 2003 the City of Roanoke sold New Tract F, tax map number
7230105, at the Roanoke Centre for Industry and Technology (RCIT) to SEMCO Inc.
of Virginia. SEMCO, Inc. agreed to construct a facility and install manufacturing
equipment on this tract in accordance with said sale of property and now wants to
convey the property to a subsidiary named SEMCO Duct and Acoustical Products,
Inc. SEMCO, Inc. of Virginia will not be released from the obligations contained in
the deed and an attachment to the deed that further set forth SEMCO's obligations,
and SEMCO Duct and Acoustical Products, Inc. will agree to the conditions contained
in the deed and attachments. Such conditions include: the facility must be at least
100,000 square feet and be built with within 24 months of November 3, 2003; the
company will invest a minimum of $4 million. If the facility is not built in time or a
minimum of $4 million has not been invested, the company is required to pay the City
$150,000 (discount on land).
Recommended Action:
Authorize the City Manager to execute the deed authorizing the conveyance of New
Tract F at RCIT, to SEMCO Duct and Acoustical Products, Inc. Such transfer will
Honorable Mayor and Members of City Council
Page 2
keep the same terms and conditions related to project scope, investment, and
commitments made in the original deed and letter from SEMCO, Inc.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:ean
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Elizabeth Neu, Director of Economic Development
CM004-00191
Exemption claimed pursuant to Code of Virginia §58.1-811 A 6 and §58.1-811 A 9.
Prepared by: The Harrison Firm, PC
Roanoke, Virginia
Tax Map No.: 7230105
THIS DEED is made and entered into this day of November, 2004, by and between
SEMCO iNCORPORATED OF VIRGINIA (used in Virginia by SEMCO Incorporated), a
Missouri Corporation ("Grantor") and SEMCO DUCT AND ACOUSTICAL PRODUCTS,
INC., a Missouri corporation ("Grantee").
WITNESSETH
IN CONSIDERATION of the sum of Ten Dollars ($10.00) cash in hand paid, the receipt
and sufficiency of which is hereby acknowledged, the assumption of obligations by the Grantee
as provided herein, and other valuable consideration pursuant to a tax free exchange between
Grantor and Grantee, the Grantor does hereby Bargain, Sell, Grant and Convey in fee simple
with General Warranty and Modem English Covenants unto the Grantee, its successors and
assigns, all of that certain lot or parcel of land lying and being in the City of Roanoke, Virginia
and more particularly described as follows (the "Property"):
An 18.437 acre, more or less, tract, identified as Roanoke City Tax Map 7230105,
shown as New Tract F on plat of survey entitled "Plat Showing the Resubdivision
of a 116.048 Acre Tract Creating Hereon New Tract "A' (12.042 Acres), Tract
"B" (7.423 Acres), Tract "F" (18.473 Acres), "Utility Lot 1" (0.331 Acres),
"Utility Lot 2 (0.322 Acres) and Dedicating 3.711 Acres for the Right-of-Way of
Blue Hills Drive and Leaving 73.772 Acres of Remaining Property of the City of
Roanoke," on record in the Clerk's Office for the Circuit Court of the City of
Roanoke, Virginia, in Map Book 1, pages 2408 and 2409; and
BEING the same property conveyed to the Grantor by deed dated October 31,
2003, from the City of Roanoke, Virginia, of record in the Clerk's Office of the
Circuit Court for the City of Roanoke, Virginia as instrument number 030021755.
The Property was conveyed to Grantor upon exercise of the purchase option pursuant to
an Option Agreement between the City of Roanoke, Virginia, a municipal corporation, and
Roanoke Development, LLC, dated June 10, 2003 which was assigned by Roanoke
Development, LLC to Grantor herein by Assignment and Amendment Number One dated
September 30, 2003, both of which instruments are attached to the deed conveying the Property
to the Grantor, recorded in the Clerk's Office of the Circuit Court for the City of Roanoke,
Virginia as instrument number 030021755.
The Grantee hereby assumes and agrees to perform the obligations of the Grantor to the
City of Roanoke, Virginia set forth in the aforesaid Option Agreement, as amended and assigned
to Grantor by Assignment and Amendment Number One, and the attachment thereto, described
above. Both of said instruments are incorporated herein by reference and shall survive the
closing date of this deed.
The City of Roanoke joins in this deed for the purpose of consenting to this conveyance
and to the assumption by the Grantee of the obligations to the City of Roanoke, Virginia as
provided in the preceding paragraph.
To have and to hold unto the Grantee, its successors and assigns forever. This
conveyance is made expressly subject to all recorded conditions, reservations, easements and
restrictions affecting title to the property herein conveyed, including existing easements for
public roads and highways, public utilities, railroads and pipelines.
WITNESS the following signatures and seals:
Approved as to Form:
GRANTOR:
SEMCO iNCORPORATED OF VIRGiNIA
(used in Virginia by SEMCO Incorporated),
a Missouri Corporation
By:
William E. Thurman, President
GRANTEE:
SEMCO DUCT AND ACOUSTICAL
PRODUCTS, INC., a Missouri corporation
By:
William E. Thurman, President
CITY OF ROANOKE
By:
Darlene L. Burcham, City Manager
Approved as to Execution:
Assistant City Attorney Assistant City Attomey
STATE OF MISSOURI )
) to-wit:
COUNTY OF )
The foregoing instrument was acknowledged before me this __ day of November,
2004, by William E. Thurman, President SEMCO INCORPORATED OF VIRGINIA (used in
Virginia by SEMCO Incorporated), a Missouri corporation., on behalf of the corporation.
My commission expires:
Notary Public
STATE OF MISSOURI )
) to-wit:
COUNTY OF )
The foregoing instrument was acknowledged before me this __ day of November,
2004, by William E. Thurman, President, SEMCO DUCT AND ACOUSTICAL PRODUCTS,
1NC., a Missouri corporation, on behalf of the corporation.
Notary Public
My commission expires:
COMMONWEALTH OF VIRGINIA)
) to-Mt:
CITY OF ROANOKE )
The foregoing instrumem was acknowledged before me this day of
2004, by Darlene L. Burcham, the City Manager of the City of Roanoke, Virginia, on behalf of
the city.
My commission expires:
Notary Public
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 18, 2004
File #207-450
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36896-111504 authorizing the proper City
officials to execute a Performance Agreement among the City of Roanoke, the
Industrial Development Authority of Roanoke, Virginia and IMD Investment Group,
LLC, that provides for certain undertakings by the parties in connection with
development of certain property located at the northwest corner of Franklin Road
and Wonju Street, S. W., in the City of Roanoke.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, November :[5, 2004, and is in full
force and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
November 18, 2004
Page 2
pc:
Bland A. Painter, III, Sole Member and Manager, IMD Investment Group, LLC,
5422 Lee Highway, Troutville, Virginia 24175
Dennis R. Cronk, Chair, Industrial Development Authority, 3310 Kingsbury
Circle, S. W., Roanoke, Virginia 24014
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Elizabeth A. Neu, Director, Economic Development
Rolanda B. Russell, Assistant City Manager for Community Development
George C. Snead, Jr., Assistant City Manager for Operations
R. Brian Townsend, Director, Planning Building and Development
IN THE COUNCIL OF TH~ CITY OF ROANOKE, VIRGINIA
The 15th day of Nobembet, 200~.
No. 36896-11150~.
AN ORDINANCE authorizing the proper City officials to execute a Performance
Agreement among the City of Roanoke (City), the Industrial Development Authority of the City
of Roanoke, Virginia, (IDA), and IMD Investment Group, LLC, (liVID) that provides for certain
undertakings by the parties in connection with the development of certain property located at the
northwest corner of Franklin Road and Wonju Street, SW, in the City of Roanoke; and
dispensing with the second reading by title of this Ordinance.
WHEREAS, IMD has proposed the development of certain property located at the
northwest corner of Franklin Road and Wonju Street, SW;
WHEREAS, the development of the site will require significant infrastructure cost for the
site development as well as structured parking in order to attract high quality retail activity;
WI-~REAS, IMD has requested an annual economic development gram through the IDA
to assist in the unusual expense for development of the Project;
WHEREAS, City staff has advised Council that such project will benefit economic
development within the City and the Roanoke Valley; and
WHEREAS, the City and the IDA wish to encourage IMD in connection with the
development of the Project in order to enhance and promote economic development within the
City and the Roanoke Valley.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council hereby approves the terms of the Performance Agreement among the
City, the IDA, and IMD, as set forth in the attachment to the City Manager's letter to Council
K:XlVleasures~VID Performance AgreementOr 1
dated November 15, 2004, which provides for certain undertakings and obligations by IMD, as
well as certain undertakings by the City and the IDA. City Council further finds that the annual
economic development grant provided for by the Performance Agreement will promote
economic development within the City and the Roanoke Valley and will be of economic benefit
to the City and its citizens.
2. The City Manager and the City Clerk are authorized on behalf of the City to
execute and attest, respectively, a Performance Agreement among the City, the IDA, and IMD,
upon certain terms and conditions as set forth in the City Manager's letter to Council dated
November 15, 2004. The Performance Agreement shall be substantially similar to the one
attached to such letter and in a form approved by the City Attorney.
3. The City Manager is further authorized to take such actions and execute such
documents as may be necessary to provide for the implementation and administration of such
Performance Agreement.
4. Pursuant to the provisions of § 12 of the City Charter, the second reading of this
Ordinance by title is hereby dispensed with.
City Clerk
K:Wleasures~VlD Performance Agreement.~f 2
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 15, 2004
Honorable C. Nelson Harris, Mayor
Honorable Beverly Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council
Subject:
Performance Agreement for an
Economic Development Grant: IMD
Investment Group, LLC
Background:
The City and IMD Investment Group LLC (IMD), the developer of property
ocated at the northwest corner of Franklin Road and Wonju Street, S.W.,
have negotiated an annual Economic Development Grant Performance
Agreement. The Economic Development Grant will be funded by the
City, but issued and administered through the Industrial Development
Authority of the City of Roanoke, Virginia (IDA). Such grant would assist
in the provision of necessary infrastructure to make the site developable
and to provide structured parking so that high quality retail activity,
including a Ukrop's grocery store, a drug store, and associated retail,
office, and restaurant space may be constructed on the property.
Currently, the site is located entirely within a floodway and flood plain
and has limited development potential. IMD's plans for this site include
the improvement of flood control infrastructure and filling of the site so
as to remove it from the flood plain and, therefore, make it developable,
and an economic benefit to the City and its citizens. The project will
provide additional tax revenue, jobs, and services that will be available to
and benefit the citizens of the City and the Roanoke Valley.
Consideration:
The proposed Agreement outlines the obligations of IMD in order to
qualify for and receive the grant, including successful rezoning of the site
to accommodate the proposed development; the construction and
opening of a minimum 58,000 square foot Ukrop's Supermarket and a
drug store within 24 months of the date of the Agreement; and IMD
entering into a 15 year or longer lease with Ukrop's. In addition, within
Honorable Mayor and Members of City Council
Page 2
the first 24 months of the date of the Agreement, IMD shall have spent or
caused to be spent at least $3 million in site infrastructure improvements
and one floor of structured parking either under the Ukrop's store or one
level below the surface parking lot that will be located between the
Ukrop's store and Franklin Road.
Within 60 months of the date of the Agreement IMDshall have spent or
caused to be spent an additiona $3 million on structured parking spaces
and site infrastructure. In addition, within the same 60 months, a
minimum of 60,000 square feet of additional buildings containing a
combination of restaurants, retail and office space are to be constructed,
or the amount of the grant may be reduced.
Subject to IMD fulfilling its obligations as enumerated above, the IDA will
provide certain funds annually to IMD as received from the City, to assist
with the development of the site infrastructure and structured parking.
Beginning at the option of IMD upon the opening of the Ukrop's grocery
store, IMD may request an annual grant for 15 consecutive years. The
amount of the grant shall equal the amount of revenue actually received
by the City during the preceding grant year resulting directly from the
property including real estate taxes, general retail sales tax (currently the
local option of 1%), professional and occupational license tax, tangible
personal property tax prepared food and beverage tax electric consumer
utility tax, natural gas ut lity tax, and water utility tax. However, any
future increases in any of those taxes dedicated for specific purposes or
projects will be excluded from the annual calculation.
The request cannot be for an amount greater than $600 000 for each
year, even if total revenue resulting for the development generated by the
taxes enumerated above exceededthat amount. There shall be no carry-
forward for funds from one grant year to the next. Furthermore, if IMD
fails to provide the additional building development required within the
60 month timeframe of the Agreement the requested grant shall only be
n an amount equa to fifty percent (50%) of actual revenue received from
the development, with the same $600,000 per year limit on any such
request.
The Agreement requires IMD to report to the City and the IDA on a semi-
annual basis on its progress and compliance with the conditions of the
Agreement, and to provide appropriate supporting documentation for
each grant request. Funding for each annual grant request will be subject
to appropriation by the City Council to the IDA. The annual
appropriation will be in an amount equal to the anticipated grant request
for actual revenues received for the preceding grant year, not to exceed
$600,000 in any grant year.
A copy of the proposed Agreement is attached to this report for the City
Council's review and information.
Recommended Action:
Approve the terms of the Performance Agreement among the City, IMD,
and the IDA, as set forth in the attachment to this letter, and determine
that such grant will promote economic development within the City.
Honorable Mayor and Members of City Council
Page 3
Authorize the City Manager to execute a Performance Agreement among
the City, IMD, and the IDA, substantially similar to the one attached to
this letter, and to execute such other documents and take such further
action as may be necessary to implement and administer such
Performance Agreement, with the form of such Agreement to be
approved by the City Attorney.
Respectfully submitted,
City Manager
Attachment
cc: William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
Rolanda Russell, Assistant City Manager for Community
Development
Brian Townsend, Director, Planning Building and Development
Dennis Cronk, Chairman, Industrial Development Authority
pERFORMANCE AGREEMENT
COPY
This Performance Agreement (Agreement) is dated November__, 2004, by and among the City
of Roanoke, Virginia, a municipal corporation (City), IMI) Investment Group, LLC, a Virginia
Limited Liability Company (lMD), and the Industrial Development Authority of the City of Roanoke,
Virginia, an industrial development authority organized and existing under the laws of the
Commonwealth of Virginia (IDA),
WITNESSETH:
WHEREAS, IMD has proposed a development of certain property located at the northwest comer of
Wonju Street and Franklin Road, SW, consisting of tax map numbers 1272504, 1272505, 1272507,
1150103, 11505106, 1150108, and 1150109 (Property);
WHEREAS, the City recognizes that the development of the site will require significant cost for site
development as well as structured parking in order to attract high quality retail activity;
WHEREAS, liVID intends to develop the Property by placing a grocery store, drug store, and other
buildings consisting of retail, restaurant, and office space, and structured parking spaces, with
associated infrastructure, for such businesses on the Property (Project);
WHEREAS, IMD has requested an annual economic development grant through the IDA to assist in
the unusual expense for development of the Project;
WHEREAS, the City and the IDA desire that the Project proceed and have determined that such
Project will promote economic development within the City and within the Roanoke Valley. Such
Project will provide additional tax revenue, jobs, and services that will be available to and benefit the
citizens of the City and the Roanoke Valley;
WHEREAS, the IDA, based on the undertakings of EMI), has determined to make an annual
economic development grant for a specified period to IMD from funds to be provided to the IDA by
the City in accordance with the terms of this Agreement; and
WHEREAS, the parties wish to reduce to writing the understanding of the parties concerning this
matter.
NOW, THEREFORE, the parties, in consideration of the promises and obligations contained herein,
mutually agree as follows:
KSAgmts~Performanoc Agmt IMD LLC 111104 Final.doc 1
Section 1. IDA Economic Development Grant.
The IDA will make an annual Economic Development Grant (Grant) to IMD in accordance with the
terms of this Agreement in order to assist with the development of the structured parking spaces and
associated infrastructure for the Project for the purposes of promoting economic development in the
City and the Roanoke Valley. The IDA's obligations hereunder are not general obligations of the
IDA, but are special obligations of the IDA limited to those funds which are provided by the City
and received by the IDA under the terms set forth herein.
Section 2: Obligations of IMD.
IMD agrees and promises that in order to qualify to receive and continue to receive the Grant for
each grant year (as defined in this Agreement), IMD will do or provide each of the following:
Obtain rezoning of the Property to an appropriate designation for the purposes
described in this Agreement, which is anticipated to be an INPUD designation.
Within 24 months after the date of this Agreement, a Ukrop's Super Markets grocery
store CUkrop's) with a minimum of 58,000 sq. ft. will be opened to the public for
business on the Property.
IMD shall enter into a 15 year or longer base lease with Ukrop's. Such lease shall
contain a provision that will allow IMD the tight to terminate the lease in the event of
a "going dark" period. In the event Ukrop's defaults on its lease with IMD which
gives IMD the tight to terminate, or IMD is entitled to re-let the premises, IMD
agrees to provide the City and the IDA with written notice of such default or event
within 45 days thereof. Upon receipt of such notice, the City, the IDA, and IMD will
use their collective best efforts to identify and recruit a quality retail tenant, not then
currently located within the City. ("Replacement TenantProcess") In the event lMD
fails to provide such notice to the City and the IDA, the City and/or the IDA may
terminate this Agreement after providing IMD's lenders the opportunity to cure such
default. The City and/or the IDA shall provide such lenders with written notice of
IMD's default and the lenders shall have 45 days from receipt of such notice to cure
such default by requiting IMD to engage in the Replacement Tenant Process and/or
by the lenders, or their designated representatives, participating in such Replacement
Tenant Process as set forth above with the City and/or the IDA.
Within 24 months after the date of this Agreement, a drug store, anticipated to be a
Walgreens, will be opened to the public for business on the Property.
Within 24 months after the date of this Agreement, IMD will have spent or caused to
have been spent at least Three Million Dollars ($3,000,000) on infrastructure (such
costs shall not include the land costs or the costs of the Ukrop's grocery store or the
drug store or any additional buildings mentioned in Section 2(F) below) on the
Property and one floor structured parking either under the Ukrop's grocery store or
K:~AMISC~Performance Agmt IMD LLC 111104 Final.doc 2
one level below the surface parking lot that will be located between the Ukrop's
grocery store and Franklin Road which will have the maximum number of parking
spaces allowed by law, regulation or ordinance, which will be available for use for
the Project. Within 60 months after the date of this Agreement, IMD will have spent
or caused to have been spent an additional Three Million Dollars ($3,000,000) over
and above the initial Three Million Dollars (for a total of at least Six Million Dollars
($6,000,000)) on additional structured parking spaces which will result in a total of
at least 516 structured parking spaces (which does not include surface parking lots)
on the Property and additional infrastructure (such costs shall not include the two
buildings mentioned above or the additional buildings mentioned in Section 2(F)
below) on the Property, which will be available for use for the Project.
Within 60 months after the date of this Agreement, buildings, in addition to the two
mentioned above, containing restaurants, retail and office space having a minimum of
60,000 sq. ft. will be leased or available for lease on the Property and continue
thereafter to be leased, available for lease or purchase for each year for which a Grant
is requested. It is expressly understood and agreed that while the anticipated use of
this space is for restaurant(s), retail, and office(s), the exact size and exact mix cannot
be determined at this point, only that such buildings will provide the minimum
60,000 sq. ft. mentioned above.
IMD will file all appropriate and applicable real estate tax, and other tax forms or
notices with the City, ensure that it has received assessments from the City for such
taxes, and it will have paid such taxes to the City and not claimed any exemptions
from real estate taxes, or other taxes for any periods of time for which Grant funds
are requested.
Section 3. Economic Development Grant.
Subject to the conditions as set forth in this Agreement, the IDA will provide certain Grant funds,
limited to those funds which are received by the 1DA from the City, as set forth below, to IMD, in
order to assist with the development of the structured parking spaces, and with associated
infrastructure, for the Project as follows:
At the option of IMD, a yearly Grant for (i) the grant year starting as of July 1,
following the date the Ukrop's grocery store starts operations (which will be a short
year) or (ii) the grant year after the Ukrop's grocery store starts operations, provided
IMD submits a request to the IDA each year for such a Grant and provides the IDA
sufficient documentation as to IMD's compliance with this Agreement. For purposes
of this Agreement, a "grant year" means July 1 through June 30 (for example, if
Ukrop's opens on November 15, 2005, IMD may select as the first grant year the
period beginning (i) July 1, 2005 to June 30, 2006 or (ii) July 1, 2006 to June 30,
2007).
K:~AMISC~erformance Agmt lIVID LLC 111104 Final.doc 3
Such Grant may be requested only for a total of 15 consecutive years, which will
include the first Grant request. All Grant requests must be submitted to the IDA
between the period of September 1 and December 1, for the preceding grant year or
no Grant will be considered or given for that particular year. For example, iflMD
wants to make a request for the grant year of July 1, 2005 to June 30, 2006, lIVID
must do so between September 1, 2006, and December 1, 2006. The City will
cooperate with IMD by providing all public information relevant to tax revenue
received from the Property or the Project so as to allow IMD to make such request.
The amount of each Grant request can be up to an amount equal to the amount of
revenue the City actually received during the preceding grant year, subject to the limit
set forth herein, that directly resulted from the Property or Project and that came
from real estate taxes, the City' s portion of general retail sales tax (currently the local
option is 1%), professional and occupational license tax, tangible personal property
tax, (inclusive of tangible personal property used in business), prepared food and
beverage tax, electric consumer utility tax, and natural gas utility tax, and water utility
tax. Any new local tax that replaces, is a substitute for, or is in lieu of any of the
aforementioned taxes shall be included in the tax revenue directly resulting from the
Property or Project. However, any new local tax or increase in the rate of any of the
aforementioned taxes for the purpose of dedicating the incremental revenue for a
specific project or purpose shall be excluded from the tax revenue resulting from the
Property or Project. In no event shall any request be for an amount greater than
$600,000 for each year, even if the amount of the above revenue exceeds $600,000
for such period of time. Furthermore, there shall be no carryover from one grant year
to the next for any funds from the prior year or years. Provided further, ifIMD fails
to provide for the additional Three Million Dollars ($3,000,000) investment and
additional structured parking spaces and infrastructure referred to in Section 2(E)
above and fails to provide the buildings referred to in Section 2(F) above, within the
60 month time period, the amount of any requested Grant thereafter shall only be an
amount equal to 50% of the amount of the above mentioned revenue actually received
by the City as mentioned above with the same $600,000 per year limit on any such
request. (In such a case such revenue actually received by the City would need to be
$1,200,000 or greater in order for the Grant to reach the $600,000 limit.)
The IDA will review each Grant request. After approval of such request, the IDAwill
promptly request funds from the City to fund such approved request. Subject to the
terms in this Agreement, the City agrees to fund such approved request within 45 days
of the request from the IDA. The IDA's obligations shall be limited to those funds
which the IDA shall receive from the City and shall not be a general obligation, but a
special obligation of the IDA~
KSAgmtsXPerformance Agmt IMD LLC 111104 Final.doc 4
Section 4. Payment of lDA's Fees.
IMD will pay the reasonable costs and expenses of the IDA in connection with this matter, including
the reasonable fees of IDA's counsel, and IMD agrees that IMD's payment of such items will not be
paid from the Grant funds. The IDA will submit itemized statements to lMD for such costs and
expenses.
Section $. Reports to the IDA and City.
During the term of this Agreement, IMD agrees to report to and provide the IDA and the City on an
semi-annuai basis, on or before June 30 and December 31 of each year, sufficient information related
to IMD's compliance with the conditions of this Agreement and to provide appropriate
documentation to support such compliance and to allow the City and/or its representative to inspect,
audit, copy, or examine any of IMD's books, documents, or other relevant material in connection
therewith upon written request by the IDA or the City. All such documents, information (including
electronic data), or access shall be provided or made available within thirty (30) days ora written
request from either the IDA or the City. Provided, however, that any such audit or examination will
not be more frequent than twice a year.
Section 6. Compliance with Laws.
IMD agrees, in undertaking and completing the Project, to comply with all applicable federal, state
and local laws, roles and regulations.
Section 7. Cooperation.
Each party agrees to cooperate with the other in a reasonable manner to can'y out the intent and
purpose of this Agreement.
Section 8. Severability.
If any term of this Agreement is found to be void or invalid, such invalidity shah not affect the
remaining terms of this Agreement, which will continue in full force and effect. The parties intend
that the remaining provisions of this Agreement be enforced to the fullest extent permitted by
applicable law.
Section 9. Authority to Si~n.
The persons who have executed this Agreement on behalf of the parties represem and warrant that
they are duly authorized to execute this Agreement in their representative capacities as indicated.
KSAgmts~Performance Agmt IMD LLC 111104 Final.doc 5
Section 10. Counter art Co ies.
This Agreement may be executed in any number of counterpart copies, each of which shall be deemed
an original, but all of which together shall constitute a single instrument.
Section 11. Successors.
The terms, conditions, provisions and undertakings of this Agreement shall be binding upon and inure
to the benefit of each of the parties hereto and their respective successors and assigns.
Section 12. .,Nondiscrimination.
A. During the performance or term of this Agreement, IMD agrees as follows:
l/VID will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, age, disability, or any
other basis prohibited by state law relating to discrimination in employment,
except where there is a bona fide occupational qualification reasonably
necessary to the normal operation of IMD. I/VID agrees to post in
conspicuous places, available to employees and applicants for employment,
notices setting forth the provisions of this nondiscrimination clause.
ii.
IMD in all solicitations or advertisements for employees placed by or on
behalf oflMD will state that IMD is an equal opportunity employer.
iii.
Notices, advertisements and solicitations placed in accordance with federal
law, rule or regulation shall be deemed sufficient for the purpose of meeting
the requirements of this section.
lMD will include the provisions of the foregoing Section A (i, ii, and iii) in every
subcontract or purchase order of over $10,000, so that the provisions will be binding
upon each subcontractor or vendor.
Section 13. ~
lMD agrees not to assign or transfer any part of this Agreement without the prior written consent of
the. City and the IDA, which will not be unreasonably withheld, delayed or conditioned and any such
assignment shall not relieve [MD fi.om any of its obligations under this Agreement. Notwithstanding
the foregoing, IMD may assign or pledge this Agreement, provided any such assignment or pledge
includes IMD's obligations thereunder, without the consent of the City or the IDA as security in
connection with the financing for the Project, but IMD must give the City and the IDA 30 days
written notice before such assignment.
K:~Agmts~Performance Agmt ReID LLC 111104 Final.doc 6
Section 14. Indemnity.
IMD agrees to indemnify and hold harmless the IDA, the City, and their officers, directors, and
employees free and harmless for and from any and all claims, causes of action, damages or any
liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or
damage to any persons or property growing out of or directly or indirectly resulting or arising in any
way out of any actions, omissions, or activities of IMD or its agents, employees or representatives
arising out of or connected in any way to any of the matters involved in this Agreement or any
performance thereunder, except to the extent caused solely by the actions, omissions, or activities of
the City or the IDA.
Section 15. Opportunity for I/VID to Cure,
Except for the requirements contained in Sections 2(A, B, C, D, E and F) above, IMD shall not be
deemed to have failed to perform or discharge any of its duties or obligations hereunder until such
time as IMD receives written notice thereof and an opportunity to cure within thirty (30) days after
written notice thereof, which notice shall specify the failure, or, if the failure is of such nature that it
could not reasonably be cured within such thirty (30) day period and IMD does, within said thirty
(30) day period, commence to cure it and thereafter proceed, with due diligence, to cure it as soon as
is reasonably practicable under the circumstances, such failure shall be deemed cured.
Section 16. Forum Selection and Choice of Law.
By virtue of entering into this Agreement, IMD agrees and submits itself to a court of competent
jurisdiction in the City of Roanoke, Virginia, and further agrees that this Agreement is controlled by
the laws of the Commonwealth of Virginia, with thc exception of Virginia's choice of law provisions
which shall not apply; and that all claims, disputes and other matters shall be decided only by such
court according to the laws of the Commonwealth of Virginia as aforesaid.
Section 17. Nonwaiver.
Each party agrees that any party's waiver or failure to enforce or require performance of any term or
condition of this Agreement or any party's waiver of any particular breach of this Agreement by any
other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of
any of the terms or conditions of this Agreement or a waiver of any other breaches of the Agreement
by any party and does not bar the nondefaulting party from requiring the defaulting party to comply
with ail the terms and conditions of this Agreement and does not bar the nondefanlting party from
asserting any and all rights and/or remedies it has or might have against the defaulting party under this
Agreement or at law.
Section 18. Captions and Iteadin~q.
The section captions and headings are for convenience and reference purposes and shall not affect in
any way the meaning or interpretation of this Agreement.
K:ka, gmts~Performance Agmt IMD LLC 111104 Final.doc 7
Section 19. Easements.
1MD promises and agrees to grant and dedicate to the City and/or the Western Virginia Water
Authority all necessary easements on IMD's Property for the construction' of infrastructure
improvements needed for or benefiting the Project or surrounding areas including, but not limited to,
storm drainage, sanitary sewers, and/or water, all at no cost to the City and/or the Western Virginia
Water Authority.
Section 20. AooroDriation of Funds.
The City will make good faith efforts to fund the approved Grant requests from the IDA for the
Project. However, all such obligations or funding undertaken by the City or the IDA in connection
with the Project or this Agreement are subject to the availability of funds and the appropriation of
such funds by City Council as may be necessa~ for such obligations or funding.
Section 21. Performance.
IflMD fails to comply with any of the obligations of this Agreement, IMD will not be emitled to be
eligible for and/or receive and/or continue to be eligible for and/or receive any such Grants or Grant
funds as referred to above or in this Agreement, except as may otherwise be set forth in this
Agreement.
Section 22. Notices
All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail,
return receipt requested or by a nationally recognized overnight courier, addressed as follows (or any
other address that the party to be notified may have designated to the sender by like notice):
If to City, to: City of Roanoke, City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue SW
Roanoke, Virginia 24011
Fax No. 540-853-1138
With a copy to:
Director of Economic Development
111 Franklin Plaza, Suite 200
Roanoke, VA 24011
Fax No. 540-853-1213
If to lIVID, to:
Bland A. Paimer, III
Sole Member and Manager
IMD Investment Group, LLC
5422 Lee Highway
Troutville, VA 24175
Fax No. (540)992-1500
K:~Agmts~Performance Agmt IlvlD LLC 111104 Final. doc
8
Notice shall be deemed delivered upon the date of personal service, two days after deposit in the
United States mail, or the day after delivery to a nationally recognized overnight courier.
Section 23. Force Majure.
A delay in, or failure of, performance by any party, shall not constitute a default, nor shall the IMD,
the City or IDA be held liable for loss or damage, or be in breach of this Agreement, if and to the
extent that such delay, failure, loss, or damage is caused by an occurrence beyond the reasonable
control of such party, and its agents, employees, contractors, subcontractors, and consultants, which
results fi.om Acts of God or the public enemy, compliance with any order of request of any
governmental authority or person authorized to act therefore, acts of declared or undeclared war,
public disorders, rebellion, sabotage, revolution, earthquake, floods, riots, strikes, labor or
employment difficulties, delays in transportation, inability of party to obtain necessary materials or
equipment or permits due to existing or future laws, rules, or regulations of governmental authorities
or any other causes, whether direct or indirect, and which by the exercise of reasonable diligence said
party is unable to prevent. For purposes of this Agreement any one delay caused by any such
occurrence shall not be deemed to last longer than 6 months and all delays caused by any and all such
occurrences under any circumstances shall not be deemed to last longer than a total of 9 months.
Any party claiming a force majure occurrence shall give the other parties written notice of the same
within 30 daysafter the date such claiming party learns of or reasonably should have known of such
occurrence, or any such claim of force majure shall be deemed waived. In no event shall a force
majure occurrence give IMD the right to substitute a new tenant in the place of Ukrop's.
Notwithstanding anything else set forth above, after a total of 9 months of delays of any type have
been claimed as being subject to force majure, no further delays or claims of any type shall be claimed
as being subject to force majure and/or being an excusable delay.
Section 24. Entire A reement.
This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements
between the parties. No amendment to this Agreement shall be valid unless made in writing and
signed by the appropriate parties.
IN WITNESS WHEREOF, the parties have executed this Performance Agreement by their
authorized representatives.
ATTEST:
CITY OF ROANOKE
City Clerk
By:
Darlene L. Burcham, City Manager
(SEAL)
K:~Agmts~Pefformanee Agmt IMD LLC 111104 Final.doc 9
Printed Name and Title~
(S~AL)
WITNESS:
, Secretary
IMD Investment Group, LLC
Bland A. painte~, III, 'Sol~ MembSr and Manager
INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF ROANOKE, VIRGINIA
By
Dennis R. Cronk, Chair
Approved as to Form:
Approved as to Execution:
City Attorney
Date:
City Attorney
Date:
Appropriation of Funds Required for
this Agreement are subject to future
appropriation:
Director of Finance
Date Acct. #
K:kAgmts~Performance Agmt IMD LLC 111104 Final.doc 10
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va, us
November 29, 2004
File #388-514
REVISED
STEPHANIE M. MOON, CMC
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Jennifer Blackwood
Interim Executive Director
Scott Robertson Memorial
P. O. Box 33
Roanoke, Virginia 24002
Dear Ms. Blackwood:
I am enclosing copy of Ordinance No. 36897-111504 amending and reordaining
Ordinance No. 36462-081803 authorizing an extension of the time in which the plat of
subdivision can be recorded after adoption of the ordinance to 24 months from the date
of adoption of Ordinance No. 36462-081803, in connection with permanently vacating,
discontinuing and closing a 15 foot public right-of-way extending in a northeasterly
direction from the northerly boundary of Densmore Road, N. W., between Official Tax
Nos. 2670906 and 2671005.
Ordinance No. 36897-111504 was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 15, 2004, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Jennifer Blackwood
November 29, 2004
Page 2
pc:
Alton B. Prillaman, Attorney, 3912 Electric Road, S. W., Roanoke, Virginia
24018
Roanoke Country Club, 3360 Country Club Drive, N. W., Roanoke, Virginia
24017
Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue,
S. W., Roanoke, Virginia 24014
Darlene L. Burcham, City Manager
Susan S. Lower, Director, Real Estate Valuation
Steven J. Talevi, Assistant City Attorney
Philip C. Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
MARY F. PARKER, CMC
City Cler~
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: {540) 853-2541
Fox: (540) 853-1145
E-mail: clerk~ci.roanoke.va, us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
November 18, 2004
File #388-514
Jennifer Blackwood
Interim Executive Director
Scott Robertson Memorial
P. O. Box 33
Roanoke, Virginia 24002
Dear Ms. Blackwood:
I am enclosing copy of Ordinance No. 36897-111504 authorizing an additional 24
months to complete the recordation process in connection with action taken by
Council pursuant to Ordinance No. 36462-081803 to permanently vacate,
discontinue and close a 15 foot public right-of-way extending in a northeasterly
direction from the northerly boundary of Densmore Road, N. W., between Official
Tax Nos. 2670906 and 2671005.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, November 15, 2004, and is in full
force and effect upon its passage·
· Parker, CMC
City Clerk
MFP:ew
Enclosure
Jennifer Blackwood
November 18, 2004
Page 2
pc:
Alton B. Prillaman, Attorney, 3912 Electric Road, S. W., Roanoke, Virginia
24018
Roanoke Country Club, 3360 Country Club Drive, N. W., Roanoke, Virginia
24017
Robert B. Marietta, Chair, City Planning Commission, 2831 Stephenson
Avenue, S. W., Roanoke, Virginia 24014
Darlene L. Burcham, City Manager
Susan S. Lower, Director, Real Estate Valuation
Steven J. Talevi, Assistant City Attorney
Philip C. Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of Nobember, 2004.
No. 36897-111504.
AN ORDINANCE amending and reordaining Ordinance No. 36462-081803; and
dispensing with the second reading by title of this ordinance.
WHEREAS, by adopting Ordinance No. 36462-081803, on August 18, 2003, City
Council intended to permanently vacate, discontinue and close a fifteen foot public right-of-
way, extdnding in a northeasterly direction from the northerly boundary of Densmore Road,
N.W., between Official Tax Nos. 2670906 and 2671005;
WHEREAS, Ordinance No. 36462-081303 provided that it would be null and void,
with no further action by City Council being necessary, if a plat of subdivision implementing
the ordinance were not recorded within twelve months of the date of adoption of the
ordinance;
WHEREAS, Ordinance No. 36462-081803, became null and void, by its terms, when
a plat of subdivision was not recorded within twelve months after the adoption of the
ordinance; and
WHEREAS, an extension of the time in which the plat of subdivision can be recorded
after adoption of the ordinance to twenty-four months, will effectuate the purpose of
Ordinance No. 36462-081803.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the
next to last paragraph of Ordinance No. 36462-081803 be amended to read and provide as
follows, and that such ordinance be reordained as amended:
BE IT FURTHER ORDAINED that if the above conditions have not been
met within twenty-four (24) months from the date of adoption of this
ordinance, then such ordinance shall be null and void with no further action by
City Council being necessary.
BE IT FURTHER ORDAINED that the applicant shall record a certified copy of this
ordinance along with the copy of Ordinance No. 36462-081803 that is to be recorded with
the Clerk of the Circuit Court.
BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
RO. Box 33, Roanoke, Virginia 24002
November 5, 2004
City Clerk
215 Church Avenue, SW
Room 456
Roanoke, VA24011-1536
Dear Sirs:
The Scott Robertson Memorial Fund respectfully requests Roanoke City Council to
reenact and amend ordinance number 36462-081803 to allow for an additional six
months to complete the recordation process. The Scott Robertson Memorial Fund also
requests that this item be placed on the next possible agenda.
A group of civic-minded individuals have been working as volunteers on this project, and
although we recorded the ordinance within the required 12 month period, we failed to
record the subdivision plat within the same timeframe, due to a lack of understanding of
the process. The Plat has been prepared and is currently under review by city staff, and is
simply awaiting reenactment of this ordinance. We are appreciative of the guidance that
the City Planning staffhas provided as we have worked through this process.
We do intend to proceed with developing The First Tee of Roanoke Valley, and were
recently awarded official chapter status by the national organization.
Sincerely,
I~rim Ex~utive Director
S~ott Robertson Memorial
Sponsored by ~1~~
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
November 18, 2004
File #110-137
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
The Honorable John S. Edwards
Member, Senate of Virginia
P. O. Box 1179
Roanoke, Virginia 24006-1179
The Honorable William H. Fralin, Jr.
Delegate, House of Representatives
P. O. Box 20363
Roanoke, Virginia 24018
The Honorable Onzlee Ware
Delegate, House of Representatives
P. O. Box 1745
Roanoke, Virginia 24008
Gentlemen:
I am enclosing copy of Resolution No. 36898-111504 adopting and endorsing
a Legislative Program for the City of Roanoke to be presented to the City's
delegation to the 2005 Session of the Virginia General Assembly.
You are cordially invited to attend a luncheon meeting to be held on Monday,
December 6, 2004, at 12:00 p.m. in Room 159, Noel C. Taylor Municipal
Building, 215 Church Avenue, $. W., City of Roanoke, to discuss legislative
issues.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, November 15, 2004,
and is in full force and effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
The Honorable John S. Edwards
The Honorable William H. Fralin, Jr.
The Honorable Onzlee Ware
November 18, 2004
Page 2
pc.:
Darlene L. Burcham, City Manager
Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
Thomas A. Dick, Legislative Liaison, ll08 E. Main Street, Suite 904,
Richmond, Virginia 23219
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of November, 2004.
No. 36898-111504.
A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to
the City's delegation to the 2005 Session of the General Assembly.
WHEREAS, the members of City Council are in a unique position to be aware of the legislative
needs of this City and ii~ people;
WHEREAS, previous Legislative Programs of the City have been responsible for improving the
efficiency of local government and the quality of life for citizens of this City;
WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be
advocated by the Council and its representatives at the General Assembly; and
WHEREAS, the Legislative Committee of City Council has by report, dated November 15, 2004,
recommended to Council a Legislative Program to be presented at the 2005 Session of the General
Assembly;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Legislative Program transmitted by report of the Legislative Committee, dated
November 15, 2004, is hereby adopted and endorsed by the Council as the City's official Legislative
Program for the 2005 Session of the General Assembly.
2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the
2005 Session of the General Assembly to attend Council's meeting relating to legislative matters, to be
held at 12:00 noon, on December 6, 2004.
City Clerk.
C. NELSON HARRIS
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
November 15, 2004
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re:
2005 Legislative Program
Council Members:
M. Rupert Cutler
Alfred T. Dowe, Jr.
Beverly T. Fitzpatrick, Jr.
Sherman P. Lea
Brenda L. McDaniel
Brian J. Wishncff
Dear Mayor Harris and Members of Council:
On November i, 2004, City Council's Legislative Committee met to review the proposed
2005 Legislative Program. A copy of this Legislative Program is attached. After careful review, the
Committee recommends it to City Council for favorable action. The School Board portion of the
Program was approved by the School Board at its meeting on November 9, 2004.
As Chair of the Legislative Committee, I wish to thank the other members of Council, who
comprise the Committee, and Mr. Lindsey and Mr. Penn of the School Board. We also wish to thank
Tom Dick, our Legislative Liaison, and Bill Hackxvorth, City Attorney, who coordinated and
prepared this Progrmn.
As Chair of the Legislative Committee, I commend the Program to City Council for its
approval. I am confident the members of the Council will agree that the recommended Program will
advance the legislative interests of the City and its people at the 2005 Session.
BTF:f
Attachments
COl
Respectfully submitted,
B ~verly T. l~zpatricl~,, Jif, Chair
Legislative Committee
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
William H. Lindsey, Esquire
Mr. Courtney W. Penn
Doris N. Ennis, Acting Superintendent
Richard L. Kelley, Assistant Superintendent for Operations and Legislative Liaison
Mary F. Parker, City Clerk
Thomas A. Dick, Legislative Liaison
2005
LEGISLATIVE PROGRAM
CITY OF ROANOKE
CITY COUNCIL
C. Nelson Harris, Mayor
Beverly T. Fitzpatrick, Jr., Vice-Mayor
M. Rupert Cutler
Alfred T. Dowe, Jr.
Sherman P. Lea
Brenda L. McDaniel
Brian J. Wishneff
SCHOOL BOARD
Kathy G. Stockburger, Chair
Robert J. Sparrow, Vice-Chair
William H. Lindsey
Gloria P. Manns
Alvin L. Nash
Courtney W. Penn
Dr. David B.Trinkle
CITY MANAGER
Darlene L. Burcham
ACTING SUPERINTENDENT
Doris N. Ennis
William M. Hackworth
City Attorney
464 Noel C. Taylor Municipal Building
Roanoke, VA 24011
540-853-2431
INTRODUCTION
The City Council is pleased to commend this Legislative Program for consideration by
the 2005 Session of the General Assembly. The City Council, representing all the people of
our All-America City, is uniquely qualified to understand the legislative needs of City
government and our people. We are of the opinion that this Program is responsive to those
needs. As a policy matter, we continue to believe that local governments are the best vehicles
for the delivery of many services to the public because local governments are closest to the
people and the most responsive. We continue to be concerned about the cumulative effect of
Federal and State legislative and regulatory mandates, many of which are unfunded, the
continued erosion of local revenue sources, and the State's fiscal woes.
This Program is a combined Program for City Council and the School Board. You will
note that we have made a conscientious effort to pare our Program down to the issues that we
believe are most important to the citizens of this City. The City Council portion was prepared
by the City's Legislative Liaison, Thomas A. Dick, and City Attorney, William M. Hackworth,
with the assistance of comments and suggestions from Council members, City administrators,
and citizens. The School Board portion was prepared by Richard L. Kelley, Assistant
Superintendent for Operations, who serves as Legislative Liaison for the School Division, with
the assistance of advice and comments from the School Board and administrators. The entire
Program has been carefully reviewed by City Council's Legislative Committee, which consists
of all the members of Council, and William H. Lindsey and Courtney W. Penn. Upon the
recommendation of the Legislative Committee, the Program was adopted and endorsed by City
Council on November 15, 2004. See Resolution No. -111504 a copy of which is
attached.
If during the course of the Session our legislators have questions concerning the position
of the City or School Board on legislative matters, they are encouraged to contact the
Legislative Liaison for the City or School Board, who I know will be pleased to respond after
consultation with appropriate officials. I also know that representatives of the City and School
Board will be in contact with our legislators on many occasions during the 2005 Session, and
their consideration of these communications is deeply appreciated. With the support of our
legislators, and this City is fortunate to have legislators who are most supportive and responsive
to the needs of our City and its citizens, I know that our City government and School Division
will be improved and that the quality of life for our citizens will be advanced.
C. Nelson Harris, Mayor
City of Roanoke
2005 Legislative Program
Legislation Requested
Car Tax - The City requests an amendment to the Commonwealth of Virginia's 2004-2006 Budget
that would fully fund local reimbursements for the Personal Property Tax Relief Act program in FY
2006 so that localities that bill in the Spring, as Roanoke City does, receive the revenue in the same
fiscal year billed, which is how it has been collected historically. If additional funding is not
provided, the legislature should provide the maximum flexibility possible to localities to address the
budgetary, accounting and policy issues associated with this budget shortfall.
Health Department - The City requests an amendment to the Commonwealth's 2004-2006 budget
to allow the City's Health Department to consolidate and relocate its operations and move into the
new Human Services Building on Williamson Road. The City will pay its share and needs the State
to provide $187,958 in each year of the budget for its portion of the rent.
Mass Transit Taxation - The City requests legislation to reinstate the sales tax exemption for its
public transit system that the 2004 General Assembly inadvertently eliminated along with several
other sales tax exemptions. The elimination of the exemption will cost the City approximately
$50,000 annually. The public transit systems in Richmond, Lynchburg and Alexandria are also
affected.
Historic Districts - The City requests legislation to amend §36-99, Code of Virginia, to authorize
localities to require building permits for the installation of replacement siding, roofing and windows
in buildings within historic districts. This will benefit the City's historic neighborhoods.
Public Safety - The City requests an amendment to §15.2-906, Code of Virginia, to reduce the
amount of time in which a locality can remove, repair or secure any building, wall or other structure
which might endanger the public health or safety. The current 30 day period should be reduced to
15 days. This will benefit the City's neighborhoods.
Other Legislative Priorities
Opposition to Additional State Fees - The City opposes additional State fees on local services,
such as a landfill disposal fee, a State trash tax, or a Statewide "flush tax" intended to address
problems with the Chesapeake Bay. State programs should not be funded by local "add on" taxes
or fees, which may or may not be returned to localities.
Waste Container Removal - The General Assembly should enact legislation enabling localities to
assess civil penalties against those who fall to remove their trash containers from the street within
the time period required by the locality. This would benefit the City's neighborhoods.
Constitutional Amendment for Partial Tax Exemption - The General Assembly should pass an
amendment to Article X, Section 6(a)(7)(h) of the Constitution of Virginia to provide authority for
the passage of legislation authorizing localities to provide for a partial exemption from local real
property taxation of new construction in conservation, redevelopment or rehabilitation areas. The
Constitution already permits this for substantial renovation, rehabilitation and replacement of
existing structures. This would benefit the City's neighborhoods.
Support for Virginia 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. First
Cities believes the General Assembly should act to allow the State to meet its funding
responsibilities for education of all students, for transportation, public safety and human services,
and personal property taxes. The State should realign its policies and funding formulas to reduce
disproportionate economic, fiscal and demographic stresses and disparities on Virginia's fiscally
stressed cities. The State should actively promote conditions to encourage the economic health of
cities through employment, neighborhood redevelopment and revitalization of commercial areas.
Additionally, the City supports the First Cities efforts to:
Fully restore the federal funds deduction in the education funding formula. Increase funding
to assist those students most likely to fall the SOL's. Fully fund the current Standards of
Quality.
· Opposes measures that would erode the revenue generating capability of the tax measures
passed in 2004.
· Supports measures which raise statewide non-general fund taxes and fees to adequately
maintain and expand the transportation network.
Outdoor Lighting Standards - The General Assembly should enact a new Virginia Code §15.2-
920.1 to authorize localities to adopt ordinances establishing outdoor lighting standards and
regulations for the purpose of controlling exterior illumination levels, incidence of glare, light
trespass or "urban sky-glow", or for the purpose of conserving energy. Such standards should be
applicable only on lighting for facilities constructed after the date of the enactment of the local
ordinance. This would benefit the City's neighborhoods.
Streamline Local Budget Process - Section 15.2-2507 of the Code of Virginia requires a locality
to hold a public hearing when a locality's budget is being amended by more than l%or $500,000,
whichever is the lesser amount. The City requests an amendment to delete the $500,000 threshold
while keeping the 1% or more increase public hearing requirement.
Telecommunications Taxes - Some changes to the Commonwealth's telecommunications tax
structure are necessary to address new and changing technologies. However, any proposed
revisions must keep such taxes revenue neutral for the City.
Delinquent Tax Sale Process - The City supports an amendment to §58.1-3975, Code of Virginia,
to clarify that the sale of property pursuant to this section is free and clear of all liens, as is the case
with the regular delinquent tax sale process. This Code Section provides for an expedited
nonjudicial process for the sale of certain parcels that are delinquent in real estate tax payments.
"Pocket Rockets" - The City supports the adoption of legislation regulating, or enabling localities
to regulate, the operation of mini-motomycles ("pocket rockets"), "stand up scooters", motorized go
carts, and motorized skate boards on public rights-of-way.
"Photo Red Light" Program - The City of Roanoke should be added to the list of localities
permitted by Section 46.2-833.01, Code of Virginia, to implement a "photo red light" program to
use photo-monitoring systems to enforce traffic light signal laws. Such measures enhance public
safety.
Enforcement of Solicitation Statutes - The General Assembly should amend § 18.2-346, Code of
Virginia, to ensure the proper enforcement of the State's prostitution laws. An amendment to
change the requirement that there be performance of a "substantial act" to an "intentional" act
would greatly assist the enforcement of the law.
Vacant Building Registration Fee - The General Assembly should amend Section 15.2-1127 of
the Code of Virginia to increase the current permitted registration fee of $25 for vacant buildings to
$250 to assist localities in addressing the additional costs of fire, police and inspection activities
related to vacant properties.
Recordation of Certified Copies - The General Assembly should amend §55-109 of the Code of
Virginia to permit the clerk of the circuit court to record certified copies, as opposed to only the
original copy, of escheated land grants from the Commonwealth. This would help clear up the
chain of title to several parcels in the City that were escheated, but the original grant from the
Commonwealth was never recorded.
Rehabilitation Services - The City supports continued State funding for the Virginia CARES and
Pre-Release and Post Incarceration Services (PAPIS) programs.
Towing Company Billing - The General Assembly should amend §§46.2-1213 and 46.2-1203 of
the Code of Virginia to permit towing companies to bill for their services directly to the owner of
the vehicles they tow. Under the current law, the companies are paid when owners reclaim their
vehicles. If the vehicles are not reclaimed, the companies must sell the vehicles at public auction to
recoup their costs.
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 who 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 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.
School Board Legislative Priorities
The major legislative priorities listed in priority sequence of the Roanoke City School Board are for
the State:
1. To continue the Standards of Quality funding initiatives adopted by the State as part of its
FY 2004-06 biennium budget.
3
2. To maintain a partnership between the State and locality for management plans and actions
required in order to improve low performing and marginally performing schools - no State
takeover of such schools.
3. To restore the financial condition of the State Literary Loan Fund in order for the State to
make timely reimbursement of loan proceeds to localities for school construction needs.
The City of Roanoke endorses the School Board Legislative Program in its entirety and incorporates
it into the City's Legislative Program.
Legislation the City Would Support
TransDominion Express
The City of Roanoke supports the proposal to extend passenger rail service from Bristol through
Roanoke and on to Lynchburg and then to Washington, D.C. and Richmond, VA. Roanoke is the
largest city in Virginia without passenger rail service. The 2000 General Assembly provided $9
million in preliminary funding for this important economic development initiative. The City supports
the additional State funding necessary to place the service into operation.
Blight Related Remedies
The City of Roanoke supports several important remedies to the problem of urban blight:
The State should streamline the legal process applicable to sale of properties on which
delinquent taxes are owed so that these properties can be transferred to responsible ownership
more expeditiously and less expensively; or in the absence of this, the State should allow
localities to sell real estate tax lien certificates as done in some other states.
· The City supports legislation to allow eligible projects in enterprise zones to consist of up to 80
percent residential use.
· The State should delete the requirement in the enterprise zone real property investment tax
credit that the owner or tenant receiving the credit actually conduct business on the property.
Regional Competitiveness Act Funding
In the past, this State funding primarily supports workforce development efforts to strengthen the
region's competitiveness. Additional funding by the State of this program is recommended.
Aircraft Taxation and Incentives
The City of Roanoke supports tax incentives that would provide encouragement for aircraft to be
located at Virginia airports. Section 58.1-1500 of the State Code should be amended to reduce the
State' s tax on the sale of aircraft in the Commonwealth. Any reduction in revenues should be replaced
with State general fund dollars.
Service of Civil Process Fees
Roanoke supports legislation to allow the City to keep the revenue it receives from the fees paid when
civil process papers are served by the Sheriff's office. Section 15.2-1609.3 requires that any amounts
4
collected "in excess of such fees received in fiscal year 1994" be remitted to the State Treasurer. Such
fees are more appropriately retained by the locality.
Jail Funding Formula
The formula that allows the state to recover personnel costs when local jails house federal inmates
should be modified to more appropriately reflect the costs to localities of housing these prisoners.
Access to VCIN for Parking Ticket Enforcement
The City supports legislation to slightly broaden local government access to the Virginia Criminal
Information Network (VCIN). This is needed to obtain the name and address of ticketed drivers from
out-of-state so they can be required to pay their parking tickets. In Roanoke, the Director of Finance,
who is responsible for collecting on these tickets, does not fall under the current definition of local
officials who are authorized by the Virginia Code to have such access. Section 46.2-100 should be
amended to include Directors of Finance.
Policy Positions
State Support for Cultural Agencies and Activities
Institutions such as the Center in the Square and its constituent agencies, the Virginia Museum of
Transportation, and the Commonwealth Games all attract tourists to the region and help support the
economy. City Council is appreciative of the legislature's partial funding of regional cultural
institutions and regional events in previous years. The State is encouraged to develop a policy that
ensures stable funding for these agencies. Additionally, a regional funding mechanism is needed to
provide a source of funding for environmental, entertainment, and cultural assets. The City supports
legislation that would allow for the development of funding from regional resources for cultural,
historic, and recreation amenities such as a Blue Ridge Asset District.
Redevelopment Initiatives
The City of Roanoke opposes further restrictions on eminent domain powers of State and local
governments, such as efforts to limit the definition of "public purpose" or to require the reconveyance
in certain circumstances of property that has been acquired by eminent domain.
Transportation (Including Mass Transit} Funding,
Adequate funding, especially that for mass transit, is critical to keep Virginia' s transportation system
viable. In addressing transportation needs, the General Assembly should consider: adjusting fund
sources such as the motor fuels tax, to keep pace with inflation; imposing moderate increases in state
transportation-related taxes and fees; authorizing more options for long-term financing for major
projects; authorizing the creation of regional transportation districts; seeking equity among various
road users by ensuring that trucks pay their proportionate share of road costs and promoting mass
transit solutions on a regional and statewide basis.
Zoning Districts
Roanoke opposes any legislation that would restrict present land use powers of local governments to
establish, modify and enforce zoning classifications. Local governments should remain free to adopt
and enforce zoning changes that address local land use needs. The City opposes any legislation that
would limit local government regulation of historic zoning districts and its ability to accept proffered
conditions in rezonings that relate to building features and materials.
5
Commissions to Study Local Government Needs
The legislature is conducting studies concerning State and local tax structure. In recent years,
numerous studies have been conducted that have provided useful information. The Commission on the
Future of Virginia's Cities and The State and Local Tax Structure Commission have identified issues
and developed recommendations that have not been implemented. Roanoke recognizes the need for
review of these important issues but urges that useful results of thc studies actually be implemented by
the legislature so their benefits will finally be realized.
Mental Health Funding
The State should expand its scope of mental health services to include those with traumatic brain
injuries. The State should provide additional funding to operate a comprehensive mental health facility
in the western part of the State. Such facilities already operate in at least two other parts of the State,
but not in the southwestern region of Virginia. The City supports line item funding in the State budget
for "Brain Injury Services of Southwest Virginia". Additionally, special consideration should be given
to meeting mental health needs that fall under the jurisdiction of the court system.
Standards for Adult Homes
The State should raise its standards for adult homes to mom fully reflect the care needed for this
population segment. Additionally, the State should improve funding for adult homes, particularly for
indigent care.
General Policy Considerations
The Federal and State governments should recognize that local governments are the best vehicles for
the delivery of many services to the public because local governments are closest to the people and the
most responsive. Roanoke remains concerned with the cumulative effect of Federal and State
legislative and regulatory mandates that have stressed the serious financial problems of local
governments. It is essential that the State fully fund all State mandates, including public employee
salaries.
Roanoke is vitally concerned over the continued erosion of local revenue sources. The General
Assembly is urged to leave the taxing authority and revenue sources of local governments alone.
Additionally, the State should pay a greater share of the costs of education and other essential services.
City Council calls upon the Governor and the General Assembly to develop an economic
development strategy for the Commonwealth and its local governments. The strategy should
include special programs for those areas west of the Blue Ridge mountains and central cities across
the Commonwealth. Tourism and convention activities that enhance the economic well being of the
State and its political subdivisions should be recognized as legitimate components of economic
development.
ROANOKE CITY PUBLIC SCHOOLS
LEGISLATIVE PROGRAM--FY2004-2006 BIENNIUM
Introduction
The budget adopted for the FY2004-06 Biennium by the State increased direct aid to public
and higher education by almost $1.5 billion for the Biennium. The adopted budget recognizes the
cost of implementing most of the Standards of Quality (SOQ) recommendations adopted by the
State Board of Education in the summer of 2003. It also includes funding for many of the
recommendations of the 2001 study performed by the Joint Legislative Review and Audit
Commission, which identified many shortcomings in the State's funding of SOQ requirements. The
State's budget initiatives for public education confirm a 2003 PDK/Gallup Poll indicating that the
general public believes: "the biggest problem facing public education is the lack of financial
support/funding/money".
The Roanoke City Public Schools will receive an increase of $11.2 million in State funds for
the current Biennium as a result of the budget actions by the Governor and General Assembly. The
additional funds have enabled the Roanoke City Public Schools to implement the following
program enhancements for FY2004-05:
· An average salary raise of 5.0% for teachers.
· The addition of four guidance counselor and four school nurse positions.
· The implementation of the seven period schedule for the high schools.
· The addition of six technology technician positions.
· An increase in the number of preschool classes for four-year old children from
eleven to 22.
· The addition of two assistant principal positions.
· An increase of five instructional support positions to provide additional educational
program assistance to the schools.
· An increase of $700,000 in the debt service allocation for the replacement of the
City's two high schools.
The Roanoke Vailey's legislative team is to be commended for its exceptional work during
the last session of the General Assembly in securing additional State funding for public education.
The additional funding is of great assistance to the City Schools in the implementation of our
initiatives to meet rigorous State standards.
Schools' Legislative Priorities
The Roanoke City School Board and Superintendent have established high expectations and
standards for schools and students. The objectives include: 1) Improving student achievement and
focusing on student reading skills; 2) Increasing the student attendance rate; 3) Improving physical
education scores on the State test; 4) Decreasing the student drop-out rate; 5) Increasing staff
accountability for student performance; and 6) Improving the competitiveness of employee salaries.
7
To help achieve these educational objectives, the Roanoke City School Board has adopted
three major legislative priorities for the second year of the biennium. The priorities require the
State to accomplish the following actions:
To continue the Standards of Quality funding initiatives
adopted by the State as part of its FY2004-06 Biennium
Budget.
To maintain a partnership between the State and locality for
management plans and actions required in order to improve
low performing and marginally performing schools - no State
takeover of such schools.
To restore the financial condition of the State Literary Loan
Fund in order for the State to make timely reimbursement of
loan proceeds to localities for school construction needs.
The Governor and General Assembly have said that public education is a priority in the
Commonwealth. Their budget program during the second year of the biennium should concentrate
on: 1) Maintaining and enhancing State funding for the Standards of Quality; 2) Expanding the
State and local partnership for improving student performance at low performing schools; and 3)
Developing a four-year plan to restore the fiscal integrity of the State Literary Fund.
Priority 1 - Funding for the Standards of Quality
The State should continue to improve funding for its share of the cost for meeting the
Standards of Quality through the following actions:
· Full funding of all SOQ positions with an emphasis on positions required for
remediation programs as recommended by the State Board of Education.
· No State mandate to offset the local share of the 2004 sales tax increase in order
to pay the State's share of SOQ costs.
· The maintenance of a "pooled" VRS rate for teachers rather than a rate separated
from the State employee rate.
· The elimination of the federal deduction from the State's share of SOQ costs (the
deduction is now 29.22 percent of federal revenues).
· Full State funding of car tax reimbursements to localities for FY2005-06 to
include delinquencies.
· The inclusion in the Standards of Quality standards and associated funding for
school safety and discipline requirements including school resource officer
positions, alternative education programs, and security equipment needs.
Priority 2 - Joint Assistance To Low Performing Schools
Thc State should continue its partnership with localities to assist in improving low
performing and marginally performing schools through its present program of direct grants and
academic review teams. No legislation should be adopted that would mandate State takeover of low
performing schools as one of thc options advocated by the federal No Child Left Behind legislation.
Furthermore, the State Department of Education should request the Federal Department of
Education to accept the State's corrective action plan as enumerated in the State's Standards of
Accreditation rather than continue to require the State to meet the standards of Adequate Yearly
Progress (AYP).
Priority 3 - State Literary Loan Fund
Statewide, almost $7.0 billion in school capital requirements exists with only about $4.0
billion available to meet these needs. Over the next five years, the Roanoke City Public Schools
will expend almost $100 million on its major capital projects, to include the $92 million cost of
replacing the two high schools. The City and Schools' debt service on this requirement will total
over $9.0 million by FY2009.
To assist localities with their school construction requirements, the General Assembly
should adopt legislation to restore the fiscal integrity of the State Literary Loan Fund. During the
current biennium, almost $268 million was transferred from the State Literary Loan Fund to finance
teacher retirement costs. The fund should be established as an education infrastructure trust fund to
make timely loans and eventually direct grants to localities for school construction needs. The
long-term objective for the trust fund should be to finance 55% of the locality's school construction
requirements.
Legislative Proposals
School Funding - Specific funding issues not addressed by the revised Standards of Quality
include:
Average Teacher Salary - The State Basic Aid formula for average teacher
salaries should use the national average for teacher salaries as the basis for
teacher salary cost rather than using the prevailing average for the State.
School Nurses - Roanoke City now employees 16.5 FrE school nurses with
local funds. The State should fund student health related services on the basis
of one nurse for every 1,000 pupils in membership.
Truancy Programs - Visiting teachers must be included in the Standards of
Quality since they are essential to Roanoke City's truancy prevention
programs.
Alternative Education - State funds provide support for only 10% of the
program's cost. The remaining costs amounting to $1.4 million are funded by
the school district. A minimum of 55% of the cost should be provided by the
State.
9
School Resource Officers ~ The Standards of Quality should include School
Resource Officer (SRO) positions based on a ratio one SRO for every 500
secondary students.
School Security Equipment - No funds are provided from the State for school
security equipment (e.g., video monitors, metal detectors, and radios). The
State should provide a minimum of $15 per pupil for the purchase of such
equipment.
Employee Recruitment - Most school districts in the State have experienced severe problems in
the recruitment of teachers and school principals. The State should provide incentive funds to
attract and retain teachers and principals. The incentives would include:
Scholarships and loans for instructional aides and other support personnel
who wish to obtain a teaching degree.
Internships and scholarships for high school and college students who plan to
enter the teaching profession.
Pay differentials for teachers and principals working in schools with a high
percentage of at risk students.
Financial incentives for new teachers including relocation and signing
bonuses, interest free loans for home purchase, and tax exemptions for
teachers and principals working in schools located in economic enterprise
zones.
School Governance - Local control and flexibility in school operations is a priority for school
boards if the State expects accountability standards to be meaningful and achievable by schools and
students. Such flexibility involves management of school finances without mandates to relinquish
control to the local governing body. Governance issues of legislative concern during the next
legislative session include the following:
The local school board should have control over the school calendar and the
opening and closing dates for the school year.
~ The State should simplify the reporting requirements for school safety and
discipline data to reduce the complexity of the reporting and to ensure the
appropriate data is being reported by local school districts. One State agency
should be designated for receiving and compiling school safety data to
include data from safety audits and for providing technical assistance to
school districts on reporting requirements.
~ The present system of State waivers for school accreditation standards should
be continued.
} Local school boards must maintain control over the establishment and
operation of charter schools.
~ Drag testing of students and school personnel should be a local option and
not mandated by the State.
>' Local school boards should retain the right to regulate the use of non-
prescription drugs by students on school property.
>~ The State should not provide tax credits to parents of children enrolled in
private schools or tax credits for donations to fund scholarships for the
attendance of children at private schools.
10
The Virginia High School League should modify its regulations to allow
students enrolled in public schools whose small size prevents the practical
establishment of athletic teams in certain sports to participate on the athletic
teams of a larger public school in the school district based on the approval of
the division superintendent of schools.
Governor's School Program - A total of 15 academic-year Governor's Schools now exist. It is
imperative that the State continues to increase per pupil funding for the Governor's Schools at an
annual rate of increase equivalent to the annual rate of increase in per pupil cost as computed for the
State Standards of Quality.
ll
ROANOKE
Roanoke Neighborhood Advocates
Promoting the Development of World-Class Neighborhoods
Members:
Carl D. Cooper
Choir
Sandra B. Kelly
Vice-Chair
John Renick
Secretary
Shirley Bethel
Bob Caudle
John Griessmayer
Robin M urphy-Kelso
Richard Nichols
Althea L. Pilkington
Cheryl D. Ramsey
Dawn Vineyard
Krystle Waller
Earnest C. Wilson
November 8, 2004:
Dear Mayor Harris and Members of City Council:
At the June 16, 2003 meeting of the Roanoke City Council,
Resolution No. 36397-061603 was adopted authorizing
reconstitution of the Roanoke Neighborhood Partnership
Steering Committee as the Roanoke Neighborhood Advocates.
The measure provided that the Roanoke Neighborhood
Advocates oversee the preparation of an annual State of the
Neighborhoods report that meets the requirements of Action NH
A10 and A11 of the City of Roanoke's Vision 2001-2020
Comprehensive Plan.
With the concurrence of Council, the Roanoke Neighborhood
Advocates 2004 State of the Neighborhoods report is attached
for your considerations
Sincerely,
Neighborhood Services Coordinator
ROANOKE NEIGHBORHOOD ADVOCATES
2003-2004 ANNUAL STATE OF NEIGHBORHOOD REPORT
For submission to Roanoke City Council at (date to be added)
The Roanoke Neighborhood Advocates committee is charged with overseeing
preparation of an annual State of the Neighborhoods report to City Council. This report is
designed to meet the requirements of Actions NH Al0 and A11 of the City of Roanoke's
Vision 2001-2020 Comprehensive Plan.
Action NH Al0 directed the development of indicators for neighborhood health
and sustainability. Action NH A11 called for the involvement of neighborhood
organizations, civic groups and businesses in the development and implementation of
neighborhood plans.
The RNA's role in these two directives has been to serve as a sounding board and
oversight committee for the Housing and Neighborhood Services Office, which is
charged with carrying out Al0 and Al 1.
This report outlines that involvement and further reports on RNA's efforts to meet
its goals throughout its first year.
NH AIO - Indicators for neighborhood health and sustainability
Mike Etienne, director of Housing and Neighborhood Services, worked with
seniors in Virginia Tech's Department of Urban Affairs and Planning to create a
preliminary handbook of indicators for Roanoke. The city planning staff' has continued to
work with Tech interns on the final of that plan, which is due to be completed in
September. The preliminary version as presented to RNA outlined the following:
· That the report would focus on one neighborhood (Melrose-Rugby)
selected as a pilot for the program
· That the project would focus on three indicator types, Social (1),
Economic(2)and Environmental (3), further explained below:
1. Social Indicators include Race/Diversity, Voter Turnout,
Educational Attainment, Age Distribution, Crime, Home
Ownership/Rentals, Housing Diversity and Affordability and
Community Organizations
2. Economic Indicators include Employment and Income Status of
Residents, Needs for Property Revitalization, Zoning Mix and
Balance, Property Values, Residential Access to Goods and
Services
3. Environmental Indicators include Parks, G-reenway Network,
Percent Tree Coverage, Solid Waste, Bike Lanes/Pedestrian
Access, Road Network and Surface Water Quality
The RNA has asked that Housing and Neighborhood Services add one more
indicator, Air Quality. While air quality cannot readily be measured neighborhood by
neighborhood, the RNA believes that making it one of the indicators will keep everyone
alert to the Roanoke Valley's vulnerability to air quality problems.
NH All - Involvement of community in implementation of neighborhood plans
Action NH A11 called for the involvement of neighborhood organizations, civic
groups and businesses in the development and implementation of neighborhood plans.
This task falls directly to the Housing and Neighborhood Services staff, but RNA
considers its efforts to meet the eight goals given RNA by council have enhanced the
involvement of community.
Roanoke City Council established the Roanoke Neighborhood Advocates
committee (RNA) in August 2003 with the mission to advocate for the wishes, wants,
needs and desires of Roanoke's neighborhoods and neighborhood organizations and
ensure that the best interests of all Roanoke neighborhoods are effectively presented.
This report fulfills one of the goals established for RNA. The RNA, with the
support and involvement of the Housing and Neighborhood Services Office, also has
accomplished the following since its creation in August 2003:
· Developed by-laws, a structure for hearing advocacy requests fi.om
neighborhoods and a strategic business plan through regular monthly
meetings and at least four additional working sessions. A half-day retreat to
work on strategies for the upcoming year was held Aug. 21.
· Participated with Housing and Neighborhood staff to hold a grants
information workshop for neighborhood groups
· Assigned the chair and vice-chair to participate as non-voting members of
two of Roanoke's revitalization efforts, Gainsboro and Gilmer/NNEO.
· Received briefings fi.om groups whose concerns overlap those of RNA,
including the Roanoke Police Department, the Roanoke Library
Foundation Board, the Zoning Department, and The Roanoke Valley
Housing Authority.
· Reviewed neighborhood applications for CDBG and city grants and
recommended grants of some $57,000 to nine recipients (See Appendix A)
· Explained and promoted the RNA's mission through articles written for
one neighborhood group's newsletter and through the Housing and
Neighborhood Services newsletter; by attendance at a variety of
neighborhood organizations' meetings and The Presidents Council
meetings; through presentations before the Roanoke City Leadership
Training Workshops and participation in the City Manager's Conversation
on Youth Services Meeting and the Comprehensive City Library Study
Steering Committee.
· Developed a list of existing neighborhood organizations broken down by
structure and activity to enable us to focus where organizations need the
most help (See Appendix B)
A continuing RNA challenge has been constructing a membership committed to
the committee's mission. Council appointed seven RNA members and gave those seven
the task of selecting six more members for a total Committee membership of 13. Because
of illnesses and job changes, several of the original appointees have been unable to
participate fully and several have left the committee.
With new appointees in place, including a Youth Member, which we believe
strongly broadens the RNA's perspective on neighborhood issues, we consider ourselves
more fully prepared for action in our second year of work. (See Appendix C)
Neighborhood Concerns
As part of gathering information and encouraging committee members'
participation, the RNA assigned each member to serve as liaison to several neighborhood
groups. Through this arrangement, the RNA was able to get sufficient feedback fi.om the
city's various quadrants to determine a pattern of concerns among neighborhoods.
The concerns fall into two categories: (1) how to build strong organizations that
can encourage clear, fi-equent and open communication with city government, and (2)
how to improve neighborhoods' livability.
Need to Communicate City's Goals to a Broader Base of Residents
Wherever RNA members have gone, they have been confronted with the
perception that Roanoke residents do not get timely and sufficient information fi.om
government about long-range plans for the various city areas.
Most communication fi'om the city to neighborhoods is done through the
established neighborhood organizations. The problem is that until some organizations
grow their memberships, they are not, in fact, fully representative of their neighborhoods.
It is incumbent upon the city and RNA as a committee appointed to help
neighborhoods to find ways to give more residents opportunities to learn about the issues
that affect their neighborhoods before those issues reach crisis proportion.
No matter how large the organization, all Roanoke neighborhood groups indicate
a need for more active members and for younger members. Helping groups connect with
residents in their areas is one of the goals of RNA. A small step toward that goal was
adding an Introduction to RNA and area neighborhoods to the city's Welcome Resident
packet.
Other challenges for RNA, Housing and Neighborhood Services and the city
administration in general is helping some groups find the resources to prepare newsletters
and do mailings.
Code Enforcement Chosen as First RNA Advocacy Effort
The second category of concern has to do with the day-to-day issues of
neighborhoods. Highest among those concerns are: · Traffic
· Trash Collection
· Code Enforcement
· Safety
In response to the neighborhood concerns, the RNA began receiving regular data
on Requests for Service calls from citizens, Crime and Code Enforcement in an effort to
determine where RNA needed to focus its energies. At its May meeting, the RNA
selected Code Enforcement as it first advocacy effort.
The Code Enforcement Advocacy plan has the following components:
· Advocate and recommend that all citizens receive clear communication of
timelines and processes involved with code enforcement;
· Publicize results and activities of code enforcement;
· Advocate for an assistant commonwealth attorney to be in court to represent
the city neighborhoods on matters of code violations;
· Advocate for the creation ora Court Watch program mn by citizens; and,
· Advocate for a better understanding by the presiding judges of code
enforcement issues.
An initial step in this effort has been to request a monthly Code Compliance
Clearance Report from the Housing and Neighborhood Services Office.
Thank you for the opportunity to participate in the RNA. We expect our second
year to be even more active and our appearances before you more often as we update
you on our efforts. We ask your support, too. We need you as residents of the city to
tell your neighbors about the RNA and your neighborhood's groups. And we need
you as decision makers to send us strong members to help us grow the neighborhood
organizations.
We would like to thank the Housing and Neighborhood Services staff, especially
Bob Clement, Neighborhood Specialist, for support and services during the past year.
Report prepared by:
Sandra Kelly, Vice Chair
John Renick, Secretary
.John Griessmaye, Chairman of Grant Review Committee
Appendix B
Status of Known Neighborhood Organizations
Active and incorporated as 501C-3:
GAINSBOROUGH SOUTHWEST COMMUNITY ORGANIZATION (501C-3)
Meetings: Monthly
GREATER RALEIGH COURT CMC LEAGUE 1980
Meetings: Twice Quarterly
LOUDON-MELRO SE NEIGHBORHOOD ORGANIZATION (501C-3)
Meetings: Monthly (x summer)
MELROSE-RUGBY NEIGHBORHOOD FORUM 1990 (501C-3)
Meetings: Monthly (x summer)
OLD SOLrrI-IWEST, INC. 1981 (501C-3)
Meetings: Monthly
Active, but not incorporated:
AIRLEE COURT NEIGHBORHOOD WATCH ASSOCIATION 2001
Meetings: Monthly (x January)
EDGEWOOD-MORWANDA-SUMMIT HILLS NEIGHBORHOOD
ORGANIZATION 1996
Meetings: Monthly
FAIRLAND CIVIC ORGANIZATION
Meetings: Monthly (x summer)
FRALIN PARK NEIGHBORHOOD ORGANIZATION
Meetings: Twice Quarterly
GA1NSBORO NEIGHBORHOOD ALLIANCE
Meetings: Monthly
GARDEN CITY CMC LEAGUE 1984
Meetings: Twice Quarterly
GRANDIN COURT CIVIC LEAGUE 1993
Meetings: 7 p.m. Scheduled as needed
GREATER DEYERLE NEIGHBORHOOD ASSOCIATION 1987
Meetings: Quarterly
HURT PARK NEIGHBORHOOD ALLIANCE 1982
Meetings: Monthly
MILLER COURT NEIGHBORHOOD ALLIANCE 1999
Meetings: Monthly
NEIGHBORS 1N SOUTH ROANOKE
Meetings: Quarterly
NORTHWEST NEIGHBORHOOD ENVIRONMENTAL ORGANIZATION
Meetings: Monthly
NORWICH NEIGHBORHOOD ALLIANCE 1997
Meetings: Monthly
PETERS CREEK CMC LEAGUE
Meetings: Monthly
RIDGEWOOD PARK NEIGHBORHOOD LEAGUE 1993
Meetings: Quarterly
RIVERLAND ALERT NEIGHBORS 1987
Meetings: Twice Quarterly
SOUTHEAST ACTION FORUM, INC 1980
Meetings: Monthly
SOUTHERN HII~LS NEIGHBORHOOD COUNCIL
Meetings: N/A
WASENA NEIGHBORHOOD FORUM 1986
Meetings: Monthly
WILDWOOD CIVIC LEAGUE 1980
Meetings: Monthly
WlLLIAMSON ROAD ACTION FORUM 1980
Meetings: Monthly
WILMONT NEIGHBORHOOD PARTNERSHIP 2003
Meetings: Monthly
1981
Not meetina reaularl¥
GRAYSON AVENUE BEAUTIFICATION COUNCIL 1984
Meetings: N/A
HISTORIC GAINSBORO PRESERVATION DISTRICT INC.
Meetings: Unknown
HOLLINS ROAD NORTH CIVIC LEAGUE 1992
Meetings: N/A
MOUNTAIN VIEW NEIGHBORHOOD ALLIANCE 1999
Meetings: N/A
NORTHWEST NEIGHBORHOOD IMPROVEMENT COUNCIL 1981
Meetings: N/A
THIRLANE RD NEIGHBORHOOD AS SOCIATION 1988
Meetings: N/A
UPPER LOUDON AVENUE CRIME WATCH AND DEVELOPMENT COMMITTEE
Meetings: N/A
VILLA HEIGHTS CRIME PREVENTION ORGANIZATION 1980
Meetings: N/A
WASHINGTON PARK ALLIANCE FOR NEIGHBORHOODS 1997
Meetings: N/A
Source: Housing and Neighborhood Services
Appendix C ROANOKE NEIGHBORHOOD ADVOCATES MEMBERSHIP
Rev 11101/O4
!Car Cooper, Chair .... .~) ............ ! 7/7/0~ ..... r 7~(~ ...... =
13601 Round Hill Ave, NW coopgroupeOhotmaiLcom ,
iRoanoke, VA 24012 i
;Sandra B. Kelly. V'me-Chair 427-5029 (h) 7~7103
1216 SytVan Road, SE sandrabk~rev, net I 7/7/06
Roanoke, VA 24014
John Renick, Secretary 142~-1170 (h)
436Roanoke, Walnut vAAve' 24014 SE,iJrenick~meddium'c°m
sud~ B~h,~ I34~00~ (h)
Roan°ke~ VA 24017
i Vmiho~2~ol.com
Bob R. Caudle
4231 Belford Street, SW
Roanoke, VA 24018
Joh~ ~Smayer
!848 Maiden Lene, SW
RO~, VA ~5
Robin Murphy-Kelso
IRoanoke, VA 24017
6~0 FJrk AVdnue~ sE
r5-~ (h) 343-7411 x17 (w)
eSS~hoiroail.com
529-8579 (h) 853-2675 (w)
GL264~aoLcom
265-9347 (h) 345,.0451 (w)
p kin gt on48~netzero.com
343-8263 (h)
khooa ate20OS~aol.com
17~4-87S4 (h)
ncO2~yahoo.¢om
7/7/O4
11/2~06
7/7/O5
7ff~7
IAIthea L Pilkington 9/17/04 6/30/06
2905 Courfland Road, NW
IRoanoke. VA 24012
1131~ D M~d~ Aye NW
IRoanor~e, ~ 2~K)~ 7
iKrysUe Waller 9/21/04 6/21/07
504 Hardson Ave, NW
IRoanoke, VA 24016
~ o. Wi~%n 9/24/O4 9/24/O7
I~oknO~, VA
fDawn Vineyard 1/29/04 1/29/07
4024 GHffin Road
Roanoke, VA 24014
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
November 18, 2004
File #60-467
STEPHAN1E M. MOON
D~puty City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Kathy G. Stockburger, Chair
Roanoke City School Board
2506 Cornwallis Avenue, S. E.
Roanoke, Virginia 24014
Dear Ms. Stockburger:
I am enclosing copy of Ordinance No. 36899-111504 appropriating 2004B General
Obligation Bond Proceeds to the Patrick Henry and William Fleming High School
construction projects, and amending and reordaining certain sections of the 2004-
2005 School Capital Projects Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, November 15, 2004, and is in full
force and effect upon its passage.
Mary F. Parker,
City Clerk
MFP:ew
Enclosure
Kathy G. Stockburger, Chair
November 18, 2004
Page 2
pc:
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box ].3145,
Roanoke, Virginia 2403!
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of November, 2004.
No. 36899-111504.
AN ORDINANCE to appropriate 2004B General Obligation Bond Proceeds to the
Patrick Henry and William Fleming High School construction projects, amending and
reordaining certain sections of the 2004-2005 School Capital Projects Fund
Appropriations and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following sections
of the 2004-200~5 School Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated From 2004B Bond Funds 031-065-6066-6896-9138
Appropriated From 2004B Bond Funds 031-065-6070-6896-9138
Schools 031-060-9707-6896-9182
$ 3,000,000
400,000 '.
(3,400,000)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
A'I-rEST:
City Clerk.
.~ Kathy G. Stockburger, Chairman Gloria P. Manns
Robert J. Sparrow, Vice Chairman Alvin L. Nash
William H. Lindsey Courtney A. Penn
/.-Roanoke
City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951
David B. Trinkle, M.D.
Doris N. Ennis, Acting Superintendent
Cindy H. Lee, Clerk of the Board
November 15, 2004
The Honorable C. Nelson Harris, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its meeting on November 9, the
Board respectfully requests City Council to approve the following appropriations:
· $3,000,000.00 for the Patrick Henry High School Project. The additional
2005 Capital Bond Funds will provide for Patrick Henry High School Phase !
construction costs plus Phase !! architect and construction management
fees.
· $400,000.00 for the William Fleming High School Project. The 2005
Capital Bond Funds will provide for the William Fleming High School
construction design phase.
Thank you for your approval of this request.
Sincerely,
Ci~, Clerk
re
cc:
Mrs. Kathy G. Stockburger
Mrs. Doris N. Ennis
Hr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mrs. Darlene Burcham
Mr. William H. Hackworth
Mr. Jesse A. Hall
Mr. Paul Workman (with accounting details)
Discovering the Wealth in All Children
CONSENT AGENDA
Meeting Date:
Prepared by:
AGENDA ITEM NO.
ROANOKE CTTY SCHOOL BOARD
AGENDA TTEM SUMMARY
APpROPI~TATZONS/TRANSFERS
November 9, 2004
Kenneth F. Mundy, Jr.
6.d.
OVERVZEW: The following appropriation requests are submitted for the Board's
approval and forwarding to City Council. The transfer requests are submitted for the
Board's approval.
Appropriations:
· Patrick Henry High School Project - $3,000,000.00
· William Fleming High School Project - $400,000.00
Transfers:
· Transfer of Grant Funds - $102,124.00
· Transfer of Capital ProJect Reserve to the Westside Renovation Project -
$10,000.00
RECOMMENDATZON: The Board is requested to approve the appropriation requests
for forwarding to City Council and to approve the transfers.
~PPROPRIATION REQUEST
2005 Bond Funds
The appropriation of an additional $3 milli(m in 20~5 Capital Bond Funds will provide funds for Patrick Henry High Scho~4 Phase I
November 9, 2004
The app~op~ation of 2005 Capital Bond Funds will i~vids funds for the William Flemin~ High Sch~:~al construction design phase.
November 9, 2004
JESSE A. HALL
Director of Finance
emaih jesse_hall~cLroanoke.va.us
November 15, 2004
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
The Honorable C. Nelson Harris, Mayor
The Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor
The Honorable M. Rupert Cutler, Council Member
The Honorable Alfred 'I'. Dowe, Jr., Council Member
The Honorable Sherman P. Lea, Council Member
The Honorable Brenda L. McDaniel, Council Member
The Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
As the result of official School Board action at its meeting on November 9, the Board
respectfully requests City Council to approve the following appropriations:
· $3,000,000 for the Patrick Henry High School Project. The additional 2005
General Obligation Bonds will provide for Patrick Henry High School Phase I
construction costs plus Phase II architect and construction management fees.
· $400,000 for the William Fleming High School Project. The 2005 General
Obligation Bonds will provide for the William Fleming High School construction
design phase.
We recommend that you concur with this report of the School Board and adopt the
attached budget ordinance to appropriate funding as outlined above.
Sincerely,
Jesse A. Hall
Director of Finance
Attachment
JAH/prw
C:
Darlene L. Burnham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Doris N. Ennis, Acting Superintendent of City Schools
Sherman M. Stoval, Director of Management and Budget
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 18, 2004
File #467
Darlene L. Burcham
City Manager
Roanoke, Virginia 24014
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36900-111504 authorizing the School Board
for the City of Roanoke to repair, rehabilitate or equip Fallon Park Elementary
School, including without limitation, the installation of heating, air conditioning and
lighting; authorizing and directing the City Manager to file an application with the
Virginia Department of Education seeking an allocation of authority to issue the
City's general obligation qualified zone academy bonds, in an amount not to exceed
$1,600,000.00 to finance the Project; and authorizing a public hearing to be held on
Monday, December 6, 2004, at 2:00 p.m., or as soon thereafter as the matter may
be heard in the City Council Chamber.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, November 15, 2004, and is in full
force and effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:ew
Darlene L. Burcham
November 18, 2004
Page 2
pc:
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Kathy G. Stockburger, Chair, Roanoke City School Board, 2506 Cornwallis
Avenue, S. £., Roanoke, Virginia 24014
Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
George J. A. Clemo, 10 S. Jefferson Street, Roanoke, Virginia 2401].
IN THE COUNCIL OF TIlE CITY OF ROANOKE, VIRGINIA
The 15th day of November, 2004.
No. 36900-111504.
RESOLUTION (i) authorizing the School Board for the City of Roanoke to repair,
rehabilitate or equip Fallen Park Elementary School, including without limitation the installation of
heating, air conditioning and lighting (the "Project"); and (ii) authorizing and directing the City
Manager to file an application with the Virginia Department of Education seeking an allocation of
attthority to issue the City's general obligation qualified zone academy bonds in an amount not to
exceed $1,600,000 to finance the Project.
WHEREAS, the School Board (the "School Board") for the City of Roanoke of Roanoke,
Virginia (the "City") has determined that it is necessary to undertake the Project and has requested
the City to issue its general obligation qualified zone academy bonds in an amount not to exceed
$1,600,000 to finance the Project; and
WHEREAS, in order to finance the Project, the City reasonably expects to issue debt
obligations; and
WHEREAS, the City intends to issue debt obligations for the Project as "qualified zone
academy bonds" within the meaning of Section 1397E of the Internal Revenue Code (the "Code").
BE 1T RESOLVED by the Council of the City of Roanoke that:
1. The School Board is authorized to undertake the Project, and is authorized to expend
out of the City's capital improvement fund up to $1,600,000 for the cost of the Project.
2. In accordance with U.S. Treasury Regulations § 1.1397E-l(h) and § 1.150-2, it is
hereby declared that the City reasonably expects to reimburse expenditures for the Project with
proceeds of debt to be incurred by the City. The maximum principal amount of debt expected to be
issued for the Project is $1,600,000.
3. This is a declaration of official intent under U.S. Treasury Regulations § 1.1397E-
l(h) and § 1.150-2.
4. The City Manager or an Assistant City Manager is hereby authorized and directed to
file an application with the Virginia Department of Education seeking an allocation of authority to
issue the City's general obligation qualified zone academy bonds pursuant to the Public Finance Act
and Section 1397E of the Code in an amount not to exceed $1,600,000 (the "QZA Bonds") to finance
the cost of the Project.
5. The City Clerk is hereby authorized and directed to publish in accordance with
applicable law a notice of public hearing in connection with the proposed QZA Bonds to be held on
December 6, 2004.
6. This Resolution shall take effect immediately.
The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing
constitutes a tree and correct extract from the minutes of a meeting of the City Council held on
November 15, 2004, and of the whole thereof so far as applicable to the matters referred to in such
extract. I hereby further certify that such mee{ing was a regularly scheduled meeting and that, during
the consideration of the foregoing resolution, a quorum was present.
C. Nelson Harris, Mayor
Beverly T. Fitzpatrick, Jr., Vice Mayor
M. Rupert Cutler
All}ed T. Dowe,
Sherman P. Lea
Brenda L. McDaniel
Brian J. Wishneff
Present Absent Aye Nay
Abstain
WITNESS MY HAND and the seal of the City of Roanoke,/,~Virginia, this 22~[day of
Clerk, Ci~f R ~
[SEAL]
ltl Kathy G. Stockburger, Chairman Gloria P. Manns
Robert J. Sparrow, Vice Chairman Alvin L Nash
William H. Lindsey Courtney A. Penn
/.-Roanoke
City School Boord P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951
David B. Trinkle, M.D.
Doris N. Ennis, Acting Superintendent
Cindy H. Lee, Clerk of the Board
November 11, 2004
The Honorable C. Nelson Harris, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
The School Board at a special meeting on November 11, 2004, approved the
enclosed Resolution to request Roanoke City Council issue General
Obligation Qualified Zone Academy Bonds (QZAB) in an aggregate principal
amount not to exceed $1,600,000. The funds will be used to rehabilitate,
repair, and/or equip Fallon Park Elementary School.
The QZAB initiative is a federal program that allows lending institutions and
schools to form a mutually beneficial partnership to support education. The
program offers bonds interest-free and allows a bank or other lending
institution to purchase the special no-interest bond on behalf of a school.
Schools qualify based on their percentage of free lunch students.
The School Board thanks you for your continued support of our students and
programs.
Sincerely,
Cindy H~/Lee, Clerk
Enclosure
Hrs. Kathy G. Stockburger, Chair
Mrs. Doris N. Ennis
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mrs. Darlene L, Burcham
Mr. William M. Hackworth
Mr. James D. Grisso
Discovering the Wealth in All Children
,.~ Kathy G. Stockburger, Chairman Gloria P. Manns
Robed J. Sparrow, Vice Chairman Alvin L. Nash
William H. Lindsey Courtney A. Penn
x-Roanoke
City School Board P.O. Box 13145, Roanoke, Virginia24031 · 540-853-2381
David B. Trinkle, M.D.
Doris N. Ennis, Acting Superintendent
Cindy H. Lee, Clerk of the Board
· Fax: 540-853-2951
November \\, 2004
RESOLUTION REQUESTING THE CITY COUNCIL
OF THE CITY OF ROANOKE, VIRGINIA
TO ISSUE GENERAL OBLIGATION QUALIFIED ZONE ACADEMY BONDS
FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF
BE IT RESOLVED,
I) The School Board of the City of Roanoke, virginia hereby (a)
approves certain expenditures to repair, rehabilitate or equip Fallon Park
Elementary School, including without limitation installation of heating, air
conditioning and lighting, at an estimated cost not to exceed $1,600,000
(the "Project"), (b) authorizes and approves the filing of an application to
the Virginia Department of Education seeking an allocation of authority to
issue general obligation qualified zone academy bonds pursuant to the
Public Finance ACt and Section 1397E of the Internal Revenue Code in an
amount not to exceed $1,600,000, (c) requests that the City Council of the
City of Roanoke, virginia, (the "City") authorize the City to issue its general
obligation qualified zone academy bonds in an aggregate principal
amount not to exceed $1,600,000, (the "QZA BOndS") for the purpose of
financing a portion of the cost of the Project, and (d) approves the
issuance of the QZA Bonds by the City.
~ RKE# 0892329.DOC- 1, 077826-00052-g1.} .
L~fScover ag the Wealth in All Children
2) This resolution shall take effect immediately by the following
recorded vote:
KathV G, Stockburger, Chairman
Robert J. Sparrow, Vice-Chairman
William H. Lindsey
Gloria P. Manns
Alvin L. Nash
Courtney A. Penn
David B. Trinkle
Yea Nay
The undersigned Clerk of the School Board of the City of Roanoke,
virginia hereby certifies that the foregoing constitutes a true and correct
extract from the minutes of a meeting of the School Board held the th
daV of November, 2004.
WITNESS, mv signature and seal of the School Board of the City of
Roanoke, Virginia, this \\~day of ~L~g~,~_ ~ ,2004.
Clerk, Sch~_0~rd of City of Roanoke, Virginia ·
{RKE# 0892329.DOC- 1, 077826-00052-01 }
Life Center consi~ng four Valley sites
Methadone clinic could draw
drug addicts from 4 states to
Roanoke Valley for treatment
More than half of the nearly
700 patients at a Galax clinic
come ~rom the Roanoke and
New River Valley areas.
By JOANNE POINDEXTER
The growing abuse oi~ 'the addic-
tive painkiHer OxyContin could spaw,
a new business in. the Roanoke Valley,
but it's not the kind that economic
development officials like to crow
about.
A Galax drug treatment program is
looking at four Roanoke Valley sites
~or a possible methadone clinic to treat
~ burgeoning nmnber of opiate addicts
~ho now must drive hours for
methadone treatmenL
The Life Center of Galax is
assessing the needs in the Roanoke
Valley for a substance abuse treatment
clinic for opiate addiction, said Tina
B,llins, chief executive. The outpa-
tient program would di.-~iaibute metha-
done to people addi.'cted to powerful
painkillers such as morphine, heroin
-and oxycod0ne, the active ingredient
in OxyContin.
The detoxification program could
draw peOple from southwestern and
central V'u-gini_~ West Vht~nia, North
Carolin~ and Tennessee. But already
it'$~-~ the eyebrows of :lbcal law
enforcement" officials, who fear it
cduld::hring additional crime to the
-. ,.: PLEASE SEE CUNIC/A2
F~OM/~
Clinic
A former Jehovah's Witnes~
Kingdom lladl in Tr~mtvUle l~s
~n mmo~ f~ ~on
a~r Bo~ ~ p~g
have to be r~m~.
"We are in ~ d~lo~t
s~e. We ]mvee~ ~d a le~
~ ~ ~ ~e~ ~ ~me
prope~y we ~
Bullins said in a telephone
inte~ew.
~e ~n~ ~ ~ 1~ ~ a
building ~ ~e ~d ~ ~
R~noke ~ty, ~mt Bullins ~d
M~ne ~ a 1~,
npioid that h~ ~en ~d for
de~ as a'~t~ for hem~
~d o~ ~e p~n~em.
~ o~ co~umptinn of ~e
drng blocks heroin withd~al
a~mpto~, one of the bi~est hur-
· ~ for ~dic~ to overcome when
th~ t~ ~ quit the d~g.
AIthongh it is ~ addictive a~
heroin, met~one is much 1~
likely ~ g~ ~ -~- ~
ille~ ~ opla~, ~d it
~o~ ~ ~ 1~ ~ nor-
m~ I~ ~ a ~e d~ ~
eff~e for ~ut 24 ho~.
Sprinkle said other sheriffs
breaking and enteriag mid bur-
glary increase in areas where
methadone clinic~ have opom~d.
"1 don't fc~l contfuttablb wiUi
it. We don't have a problem here.
If we can ~ it before it
Iwre, wt..~lumkl,' Sprinkle
The privately opcrnted Life
Center opened its residential
facility in Galax in 1973 aod an
outpatient clinic in Tazewell
County last year.
Bullins La aware of the varying
community sentiment.,* and
her programs have had mixed
reactions. The center tries to
educate the commnnity hefore
moving in, sim .said, becaase "We
want to be a good neighbor."
Bullins said the western i~'ut
of thc .',' '~e has a big ac~.M for a
clinic that uses methad66e. ;;
the service and can't ~et iL," Bull.
Jim said, adding that be .t~een 50
pcr¢'ent and 70 percent Of'the
nearly 700 imtients coffie from t~ic
Ro~oke and New River Vallby
in Charlottesville, Life .Cent6r
operated the only meth~qne
detox facility wc~t of Richmond.
More lhan half of its patients dr~e
more than two horn's for treat-
ment, Finllio.q said. ~
'We are trying to figure.out
where we need to be to reduce
driving time," since 0omc patients
n,mt come to the clinic daily for
the first 30 days of treatment.,
people Or ~ents want metha-
done clinics In their eommunRies,
sayinS t~e dr~ addicts they
attract usually lead to lm~eased
crime.
Concerned about the clientele
a me~adone clixdc would draw,
:Sheriff Ronnie Sprinkle
t,h~ki~wm~l hea~o
bring on~ here.'
COMMENTARY
Say 'no,' Roanoke,.
to methadOne cl c
Helen E. Davis
Davis lives in Roanoke and is secretary
of the Historic Gainsboro Preservation District Inc,
It is Yery regrettable that the National Specialty
Clinics of Nashville, Tenn., has proposed that a metlfa-
dgne clinic be established at 3208 Hershberger Road
l~.W.
The Garden Of Prayer Number 7 Church, tmd~r the
pastorate of the Rev. Shadrack Brown Ir., is ~n ·
Cove Road Northwest. Brown and his kongregatton
in the process of having a gymnasium constructe&$s
part of its expansion beside the church. This is an in,i-
cation that they will continue to provide religious a~d
recreational training for Roanoke's children.
The gymnasium will help draw youth away frqln
temptations of the street and direct them towar~;a
Christian life. The Proposed methadone clinic is wit~n
a stone's throw of this facility.
Carillon Health Systems delivered a devastating bl~),w
to our community when it gave Blue Ridge Behavio~pl
Health Care the historic Burreil Memorial Nursiiig
Center. Blue Ridge will prowde public mental heai{{a
mental retardation and sUbstancd abuse services, to
peOple throughout the Roanoke Valley. The propo~d
methadone clinic also will Prdvide substance abuse S$¥-
vices. It is not necessary or desirable for two Clinics:&f
this nature to be located in our community.
Urban removal'-- oh, it's urban renewal -- was~':a
maior method used by city officials in destroying all dfir
Northeast and 'sOme Northwest neighborhoods alid
communities. Plivate property was bought cheaply, only
to be resold and developed as commercial
establishments.
These complex, unfair transactions resulted in tea~s
.in the fabric Of black communities -~ a 10ss of connge-
tivity, community pride, neighborhood churchesl busi-
nesses, schools and recreational centers that were wig-
in walking distance. To date, these tears have not b~n
mended.
Citizens knew nothing about the proposed meth~a-
done clinic until it was published in the newspaper.
There was no prior notice or public hearing, so there
could have been no outcries of concern. Brian
Townsend, head of the city's planning department, and
Darlene Burcham, Roanoke's city manager, both claim
they kn_e,.w nothing about the proposed clinic's activities.
Shouldn t they know what tyP~ of business is being lo-
cated in our city, or do they care as long as it's in the
Northwest instead of Southwest? Do they care that the
clinic would be located within walking distance of three
schools and right next to a gymnasium?
It is safe to say that no community wants a methadorli~
clinic. Our diverse citizenry does not want the proposud
methadone clinic to be located at 3208 Hershber~,r
.Road, N.W. Will city administrators stand up and
firm on our behalf to keep our schools safe and for the
Oroteetion of our children and neighforhoods?
SUNDAY, DEC. 7
Methadone groups' records differ
The company that plans to open a
methadone clinic in Northwest
Roanoke has been cited 64 times for
violating state regulations at the six
Clinics,it operates in West Virginia.
' A second dm, g treatment company
that is proposing a methadone clinic in
Southwest Roanoke County has a
clean record at the two facilities it op-.
erates in Virginia.
COMMENTARY
THE ROANOKE TIMES ~
Friday; September' 10, 2004
The only question should be:
Do you want a clinic near you?
Evelyn D. Bethel
Bethel ves in Roanoke and is DreSident of the Historical Gain ,sDoro
~rese?vation District Inc.
It seems I recall a statement similar to this: If you
can't dazzle them with brilliance, then baffle them
veith nonsense. That statement applies to the planned
methadone clinic on Hershberger Road in Roanoke.
To have or not have a methadone clinic at a loca-
tion near you -- that is the only question!
Contained within that question is a very important
one dealing with the moral character of Roanoke and
how it treats its citizens especially those of a dif-
ferent culture, color, religion and economic stares
from the city's top administrative officials.
Also not to be overlooked is the NIMBY (not in my
backyard) syndrome. The prevailing attitude is "put it
on Hershberger because I don't live there: my chil-
dren don't go to the schools nearby; my house of
worship isn't there and my business isn't located in
the area."
The issue is do .you want a methadone clinic ar a
location near you?
The issue is not whether the potential users of the
clinic deserve or need treatment. The issue is not
what has been accomplished, worthy as it is, to re-
quire future and timely notification about new clinics.
The issue is not about giving someone a chance to do
a lob, no matter how qualified that person is. The is-
sue is nor about zoning.
The issue is. would you have or not have this
planned clinic in your neighborhood? Why has the
issue of the clinic's location been turned into such
side issues except to befuddle and becloud reasonable
thinking?
A careful review of all the side issues and the
planned location will show why a lot of citizens in
Roanoke. and I dare say other jurisdictions, are upset
with the operation of Roanoke city officials who hold
appointed and elected positions of high authority.
Remember how R~anoke city officials upheld one
neighborhood that didn't want taller lights installed
in a nearby park? How do lights endanger the safety
of residents?
Remember how our officials denied knowledge of
the planned clinic, yet it was later documented that
they were aware of the proposed methadone clinic
long before it was publicized?
Would you rather have or not have impartial and
honest public officials serving you? How can these
same officials wring their hands, twiddle their
thumbs, keep quiet and hide behind rules and legality
when they so readily change rules to suit themselves?
Think about the school resource officers' situations.
And parking regulation changes (and perhaps zoning
also) were made so the ill-conceived stadium/
amphitheater near Orange Avenue could be started.
Not to be overlooked is a recent event whereby
another one of our African-American communities
has been treated with utter disdain and disrespect.
This time it's the Southern Hills neighborhood being
encroached upon. Our city officials sit idly by without
offering an ounce of help to those residents. Remem-
ber the infrastructure improvements promised that
neighborhood? Well, the promises have not been
fulfilled.
Readers of "Root Shock: How Tearing up City
Neighborhoods Hurts America, And What We Can
Do About It," by Mindy Thompson Fullilove. know
that Roanoke was one of three featured cities. With
the planned methadone clinic on Hershberger and the
planned construction of an "upscale community" ad-
jacent to Southern Hills. it can readily be seen that the
destruction of mostly minority city neighborhoods
continues.
If you haven't read "Root Shock," I suggest you do,
because it will shock your mind to the truth and plight
of Roanoke.
The strange part is the majority of our officials still
don't seem to get it -- the more they destroy our
communities the more they destroy the city. All of us
live in Roanoke, but is it any wonder that a lot of
Roannkers are moving elsewhere and others are in
the process of no longer being citizens of Roanoke?
What say ye: To have or not have a methadone
clinic at a location near you -- that is the question!
MARy F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fox: (540) 853-1145
E-malE clcrk(~ci.roanoke.va.us
November 18, 2004
File #15-110-304
STEPHANIE M. MOON
l~ptrty City Clerk
SHE1LA N. HARTMAN
Assistant City Clerk
Ms. Earnestine Garrison
3038 Melrose Avenue, N. W., Apt. 311
Roanoke, Virginia 24017
Dear Ms. Garrison:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, November 15, 2004, you were appointed as a member of the Youth
Services Citizen Board, for a term ending May 31, 2007.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your appointment and
each member is required "to read and become familiar with provisions of the
Act."
Ms. Earnestine Garrison
November 18, 2004
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve the City of Roanoke as a member of
the Youth Services Citizen Board.
Sincerely,
Marg F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc:
Marion A. Vaughn-Howard, Superintendent, Youth Services Division,
Parks and Recreation Department
Stephanie M. Moon, CMC, Deputy City Clerk
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
To-wit;
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the fifteenth day of November, 2004, EARNESTINE
GARRISON was appointed as a member of the Youth Services Citizen Board, for
a term ending May 3:~, 2007.
Given under my hand and the Seal of the City of Roanoke this eighteenth
day of November, 2004.
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Earnestine Garrison, do solemnly swear (or affirm) that I will support
the Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Youth
Services Citizen Board, for a term ending May 31, 2007, according to the best
of my ability (So help me God).
Subscribed and sworn to before me this __ day of
2004.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
BY
, DEPUTY CLERK
L:\CLERK~DATA\CKEW 1 ~oath and leaving service\Youth S~r Citizen Board~Eamestine Garrison oath letter.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540} 853-2541
Fox: (540) 853-1145
E-maih clerk(~ci.roanoke.v~us
November 18, 2004
File #15-51-110
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Kermit E. Hale
2222 Blenheim Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Hale:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, November ].5, 2004, you were reappointed as a member of the Board
of Zoning Appeals, for a term commencing January 1, 2005 and ending
December 31, 2007.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your reappointment and
each member is required "to read and become familiar with provisions of the
Act."
Mr. Kermit E. Hale
November 18, 2004
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of
Roanoke as a member of the Board of Zoning Appeals.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc: Rebecca J. Cockram, Secretary, Board of Zoning Appeals
Stephanie M. Moon, Deputy City Clerk
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
To-wit:
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the fifteenth day of November, 2004, Kermit E. Hale
was reappointed as a member of the Board of Zoning Appeals for a term
commencing January 1, 2005 and ending December 31,2007.
Given under my hand and the Seal of the City of Roanoke this eighteenth
day of November, 2004.
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Kermit E. Hale, do solemnly swear (or affirm) that will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Board of
Zoning Appeals for a term commencing January 1, 2005 and ending December
31, 2007, according to the best of my ability (So help me God).
Subscribed and sworn to before me this__ day of
2004.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
BY
, DEPUTY CLERK
L:\CLERKXDATA\CKliW l~ath and leaving service~Board of Zoning AppealsXKermit E Hale oath letter.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
November 18, 2004
File #15-51-110
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Benjamin S. Motley
Rodriguez, Ripley, Maddux, Motley
28 Church Avenue, S. W.
Roanoke, Virginia 24011
Dear Mr. Motley:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, November 15, 2004, you were reappointed as a member of the Board
of Zoning Appeals, for a term commencing January 1, 2005 and ending
December 31, 2007.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your reappointment and
each member is required "to read and become familiar with provisions of the
Act."
Mr. Benjamin S. Motley
November 18, 2004
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of
Roanoke as a member of the Board of Zoning Appeals.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc: Rebecca J. Cockram, Secretary, Board of Zoning Appeals
Stephanie M. Moon, Deputy City Clerk
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
To-wit:
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the fifteenth day of November, 2004, Benjamin S.
Motley was reappointed as a member of the Board of Zoning Appeals for a term
commencing January 1, 2005 and ending December 31, 2007.
Given under my hand and the Seal of the City of Roanoke this eighteenth
day of November, 2004.
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Benjamin S. Motley, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Board of
Zoning Appeals for a term commencing January 1, 2005 and ending December
31, 2007, according to the best of my ability (So help me God).
Subscribed and sworn to before me this__ day of
2004.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
BY
, DEPUTY CLERK
L:\C LERK~DATA\CKEW 1 ~oath and leaving service~Board of Zoning Appeals~Benj amin S. Motley oath letter.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKF,
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@¢i.roanok¢.va.us
November 18, 2004
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Daniel F. Layman, Jr., Attorney
Woods Rogers PLC
P. O. Box 14125
Roanoke, Virginia 24038-4125
Dear Mr. Layman:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, November 15, 2004, a public hearing was conducted on the request of
Preston A. Waldrop to rezone property located at 3830 Keagy Road, S. W., Official
Tax No. 5130117, from RS-l, Residential Single Family District, to C-2, General
Commercial District, subject to certain conditions proffered by the applicant.
The request for rezoning was denied.
Sincerely,
City Clerk
MFP:ew
Daniel F. Layman, Jr., Attorney
November 18, 2004
Page 2
pc:
Ms. Evelyn H. Wilson, 3820 Keagy Road, S. W., Roanoke, Virginia 24018
Heritage Builders LTD of Roanoke, 1804 Northwoods Lane, Salem, Virginia
24153
Mr. Thomas Hash, 1804 Northwoods Lane, Salem, Virginia 24153
P. F. and Kathryn E. Glassbrenner, 5221 Medmont Circle, S. W., Roanoke,
Virginia 24018
Mr. David G. Harrison, 5303 Medmont Circle, S. W., Roanoke, Virginia 24018
Ms. BethF. Smith, 5313 MedmontCircle, S.W.,Roanoke, Virginia 24018
Lewis-Gale Medical Center LLC, P. O. Box 1504, Nashville, Tennessee 37202-
1504
Jennifer Pfister, President, Greater Deyerle Neighborhood Association
Janet Scheid, Chief Planner, Roanoke County Planning and Zoning, P. O. Box
29800, Roanoke, Virginia 24018
Joe Yates, Planning Director, City of Salem, 114 North Broad Street, Salem,
Virginia 24153
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson
Avenue, S. W., Roanoke, Virginia 24014
Martha P. Franklin, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (11979), as
amended, and Sheet No. 513, 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 by title of this ordinance.
WHEREAS, Preston A. Waldrop has made application to the Council of the City of
Roanoke to have the hereinafter described property rezoned from RS-1, Residential Single
Family District, to C-2, General Commercial District, subject to certain conditions proffered
by the applicant;
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and
after conducting a public hearing on the matter, has made its recommendation to Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on November 15, 2004, after due and timely notice thereof as required by §36.1-693,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and
citizens were given an opportunity to be heard, both for and against the proposed rezoning;
and
WHEREAS, this Council, after
recommendation made to the Council
considering the aforesaid application, the
by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that
the hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet
No. 513 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular manner and no other:
That certain property located at 3830 Keagy Road, S.W., identified as Official Tax
No. 5130117, and designated on Sheet No. 513 of the Sectional 1976 Zone Map, City of
Roanoke, be, and is hereby rezoned from RS-1, Residential Single Family District, to C-2,
General Commercial District, subject to the proffers contained in the Petition filed in the
Office of the City Clerk on September 2, 2004, and that Sheet No. 513 of the 1976 Zone
Map be changed in this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning @ ci.roanoke.va.us
November 15, 2004
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Request from Preston A. Waldrop, represented by
Daniel F. Layman, Jr., attorney, that property located at
3830 Keagy Road, S.W., Official Tax No. 5130117, be
rezoned from RS-l, Residential Single Family District,
to C-2, General Commercial District, subject to certain
conditions proffered by the petitioner.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, October 21,
2004. By a vote of 0-7, the motion to recommend the rezoning request
failed.
Background:
The petitioner filed a request to conditionally rezone Tax Map No.
513011 7 on September 2, 2004. The petitioner proffers the following
conditions:
a. The property will be used only for a medical office or medical
clinic.
b. The property will be developed substantially in accordance
with the site plan attached to this petition as Exhibit C,
subject to any changes required by the City of Roanoke
during site development plan review.
c. The building to be constructed on the property will be in
substantial conformity with the elevations attached to this
petition as Exhibits D and E.
d. All exterior lighting in the parking area at the rear of the
building will be recessed into the walls surrounding the
parking area, and no source of light will be located above the
top of the tallest section of the wall.
Considerations:
The surrounding land uses and zoning districts include:
· Single-family dwellings zoned RPUD, Residential Planned Unit
Development to the west.
· Single-family dwellings zoned RS-l, Residential Single Family to
the south fronting on Medmont Circle.
· A single-family dwelling zoned RS-l, Residential Single Family to
the east.
· Lewis-Gale Hospital Complex to the north across Keagy Road, in
the City of Salem.
The following actions and statements of V/sion 2001-2020, the City's
comprehensive plan are relevant to the consideration of this petition:
· Building location and design should be considered as important
elements of the streetscape and should be used to define the
street corridor as a public place. (p.95)
· Building height and location should create a feeling of enclosure
along a street. Residential and commercial buildings should be
located very close to streets with Iow vehicle speeds. (p.95)
· Off-street parking should be located at the side or rear of
building.(p.93)
· Visual clutter and excessive lighting should be discouraged.
Signs should be consolidated and attractively designed.(p.92)
The Greater Deyerle Neighborhood Plan was adopted in 1990 prior to the
adoption of the Vision 2~)Dl-202Ocomprehensive plan's policies and
actions, it does not contain a future land use plan; however it contains
several relevant passages:
Single-family zoning should be retained, especially on the
interior of the neighborhood. (p.7)
Many residential tracts on the perimeter of the neighborhood
which front on these major roads are under pressure for
commercial development.(p.7)
· Future expansion of the complex (Lewis Gale) has the potential
to affect adjacent residential properties. (p.8)
· Traffic on Keagy Road should be minimized to maintain the
residential nature of these streets and encourage safe
transportation corridors. Maintain the existing commercial
services located on the perimeter of the neighborhood.(p.21)
The subject parcel is 2.078 acres with a single-family house and a garage
located on the property. Currently, the house sits approximately 300 feet
back from Keagy Road with the garage behind. The petitioners will
remove the house and garage. The proposed building will bring the
development up to a setback of 30 feet. The parking lot will not extend
past the location of the current house, which will limit activity to the front
half of the property and separate the use from the surrounding
residential dwellings on all sides of the subject parcel.
From Keagy Road, the slope of the land gradually rises to where the
house is currently located and declines toward the rear property line. By
placing the development oriented toward Keagy Road, the hill is a natural
buffer between the proposed building on the subject parcel and dwellings
on Medmont Circle. In addition, the development of the parcel will entail
the petitioner removing the front part of the hillside to place the parking
at a compatible grade with the building. The parking lot will be
surrounded on the sides and to the back with a retaining wall. Staff's
initial concern of light trespassing onto adjacent residential lots was
adequately addressed by proffer (d) which ensures that the parking lot
lighting will be recessed into the walls surrounding the parking area, and
no source of light will be located above the top of the tallest section of
the wall. The absence of freestanding light poles in the parking lot limits
the possibility of glare being cast on the adjacent properties.
The petitioner proffers the use of a medical office/clinic. Physician offices
in general are not intensive uses and are compatible in residential areas.
These uses are characterized by Monday through Friday daytime hours
and generally lower traffic generation for a commercial activity.
The City's Traffic Engineer, based on the Institute of Transportation
Engineer's Trip Generation Manual (the accepted guide for determining
expected traffic for a proposed development), calculated that 20 trips
would be generated in the morning peak hour and 30 trips in the evening
peak hour; any given day would generate 300 trips on average. Normally
the City doesn't require traffic impact studies unless peak period trips are
over 100 and more than a 1000 trips are generated per day. The
projected volumes represent 30% of these thresholds.
In accordance with the Zoning Ordinance, the subject parcel has over two
acres and can be considered for the creation of a separate commercial
district. The proposed use of the medical office/clinic is consistent with
like uses located across Keagy Road in the Lewis-Gale Hospital complex.
The petitioner is proffering a site plan (Exhibit C) and elevations (Exhibit
D and E) of the proposed development, which illustrate a one-story, 8,700
square-foot building with a brick fac;ade.
The proposed development is consistent with V/sion 2001-2020 in
several key ways. The building would have an orientation toward Keagy
Road. The site plan limits parking to seven (7) additional spaces above
the required amount. In addition, the use of landscaping islands with
trees provides for canopy coverage of the parking lot and reduces the
amount of impervious surfaces overall.
In accordance to 36.1-585(b) of the Zoning Ordinance, the petitioner will
be responsible for providing a minimum 10-foot wide landscaped buffer
screen along the east, west, and south property lines. The buffer will
provide a minimum 6-foot tall, dense, year-round visual and noise
obstruction on the sides and rear where the subject parcel abuts
residentially-zoned properties. In addition, the site plan proffers
dedicated open space of .92 acres in the back portion of the site. Staff
believes this open space area along with the required buffer materials
provide adequate screening between the proposed use and residential
dwellings on Medmont Circle. There are many mature growth trees on the
lot. Wherever possible, efforts should be taken by the petitioner to
preserve these trees.
Planning Commission discussion centered on the following:
· Concerns over additional residential dwellings being rezoned to
commercial uses along Keagy Road. Commissioners discussed
the disadvantages of addressing commercial rezonings on a
case-bylcase basis as opposed to a comprehensive rezoning of
multiple properties. There was an acknowledgement that the
residents live with the uncertainty that another commercial
rezoning petition will be filed any given month.
· Recognition that the proposed development incorporates quality
design features that would be encouraged and welcomed in
other locations in the city. In addition, Commissioners
acknowledged the generally benign nature of the commercial
activity proposed.
· The December, 2001 rezoning on the corner of Keagy Road and
Route 419 to CN, Neighborhood Commercial and RPUD,
Residential Planned Unit Development resulting in the
construction of a Valley Bank and a patio-home development. A
4
verbal commitment was made to residents that the City would
prevent further commercial encroachment down Keagy Road.
· An acknowledgement that this block of Keagy Road is a viable
residential area. A concern was that many rezoning petitions
deal with transitional areas between residential uses to
commercial uses. In this case, residential zoning was appropriate
because it was a stable residential area. In addition, the point
was made that the doctor's office may not be a detriment to
surrounding residential uses, but it was not necessarily a benefit
either.
· The effect of the proposed development would have on the
adjacent single-family residential house to the east. It was noted
that the neighbor's house would be above the proposed parking
lot, given the development requires removing a part of the hill to
construct the parking lot. In addition, the required landscape
buffer will be planted on top of the retaining wall.
· The compatibility of the proposed structure with surrounding
structures. It was pointed out that the shape and bulk of the
proposed development is incongruous with the remaining
residential development found along this block of Keagy Road.
Ten citizens spoke to the petition:
· Mr. Paul Glassbrenner (5221 Medmont Circle) expressed
concerns that a rezoning would encourage the Lewis-Gale
Hospital to buy more properties on Keagy Road. He believes that
the proposed development did not fit in with the neighborhood
surroundings. He said that this rezoning would see additional
requests for commercial zoning along Keagy Road, a decrease in
their residential property values, and an increase in traffic.
· Mr. David Harrison (5305 Medmont Circle) found objections to
staff's references to the Greater Deyerle Neighborhood Plan. He
pointed out that a key action strategy listed in the neighborhood
plan is to "maintain the existing residential character of the
neighborhood". He stated that he thought that the development
conflicted with patterns of development outlined in Vision
2~)2~. He also voiced a concern regarding potential noise
generated from the proposed development's parking lot and
heating and cooling system within close proximity to his home.
· Mr. Bob Caudle (4231 Belford Street) spoke in opposition to the
petition. He stated he had helped write the Greater Deyerle
Neighborhood Plan in 1990 and participated in the December,
2001 rezoning to work out the 50 foot strip of frontage of the
patio-home development which separates the commercially
zoned Valley Bank from the single-family homes along Keagy
5
Road. He felt that both the neighborhood plan and the rezoning
do not support a new commercial endeavor along Keagy Road.
· Ms. Evelyn Wilson (3820 Keagy Road) stated that she was in
opposition to the petition. She said that she lived next door to
the property since 1959. She said she was concerned the
development would impact her more than anyone else. She
commented on the greenery on Keagy Road and that it provides
privacy and creates a noise buffer.
· Mr. Tim Burton (5329 Medmont Circle) stated that his property
has experience increased water problems over the last few years
since the land was cleared for the patio homes on the adjacent
Residential Planned Unit Development. Mr. Burton presented
photographs showing the flooding that occurred as a result of
recent rains. He was referred to staff to further discuss his issues
as a result of the recent development.
· Mr. Greg Dunville (3718 Keagy Road) spoke in favor of the
petition. He said he did not believe he lived in a rural community
and believes the development will help more than it will hurt the
residences on Keagy Road.
· Ms. Kathryn Glassbrenner (5221 Medmont Circle) spoke in
opposition to the petition. She believes Mr. Dunville was in favor
of the rezoning because it would make his property more
valuable if he sold it. She questioned why petitions keep being
filed and the City continues to accept them.
· Ms. Vickie Thomas (5406 Medmont Circle) spoke in opposition to
the petition. She has been a real estate agent for 14 years and
was concerned of the negative impact commercial development
would have on residential property values in the neighborhood.
· Ms. Jennifer Pfister (4701 Norwood Street) addressed the
committee as the President of the Greater Deyerle Neighborhood
Association (GDNA). She presented a petition signed by 98
residents of the Greater Deyerle neighborhood opposing the
proposed development. She mentioned she had talked with two
residents who were in favor of the proposal. She stated that the
intent of the Neighborhood Plan was to allow commercial
development along 419, but for Keagy Road to remain
residential. In addition, she reemphasized that with 12 new
homes this area is still a viable residential area. She asked the
Commission to vote against the petition.
6
Recommendation:
By a roll call vote of 0-7, the Commission recommended denial of the
request.
CC:
Respectfully submitted,
Robert B. Manetta, Chairman
City Planning Commission
Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community
Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Daniel F. Layman, Jr., Attorney for the petitioner
Jennifer Pfister, President, Greater Deyerle NH Association
V, IRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
In re:
Rezoning of a Tract of Land )
Known as 3830 Keagy Road, )
SW, beating City of Roanoke )
Official Tax No. 5130117, fi.om )
RS-l, Residential Single-Family )
District, to C-2, General )
Commercial District )
PETITION OF
PRESTON A. WALDROP
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE C1TY OF
ROANOKE:
(1) Petitioner Preston A. Waldrop is the owner of a tract of land in the City of Roanoke
located on the south side of Keagy Road, SW, near its intersection with Virginia Route 419,
containing 2.078 acres, bearing City of Roanoke Official Tax No. 5130117 .and known as 3830
Keagy Road, SW. A portion of City Appraisal Map Number 513 showing this parcel is attached
to this petition as Exhibit A. Also attached, as Exhibit B, is a plat reflecting an October 2002
survey of the parcel, which shows the current configuration of and improvements located on the
property.
(2) This lot is presently zoned RS-l, Residential Single-Family District.
(3) Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
petitioner requests that the above-described parcel be rezoned fi.om RS-1, Residential Single-
Family District, to C-2, General Commercial District, for use as a medical office or clinic,
subject to the conditions set forth in paragraph (6) below.
(4) The property is located essentially adjacent to a commercially-zoned parcel occupied by a
new Valley Bank branch (though separated fi.om that parcel by a narrow strip of land zoned RS-
RKE# 0883337.WPD-1. 101173-00003-01
1) and immediately across Keagy Road from Lewis-Gale Hospital. It slopes sharply uphill from
Keagy Road, with the existing residence and approximately forty percent (40%) of the land area
of the lot being located on top of a high ridge that roughly parallels Keagy Road.
(5) Petitioner believes that the most suitable use of the property, given its location across
from the hospital and near the highly developed commercial area along Route 419, is for
physicians' offices. The part of the lot adjacent to Keagy Road, where the proposed medical
building would be located, is physically separated from the adjoining residential area by the ridge
to the south while directly facing the south wall of the hospital building. The site of the medical
building is therefore more naturally a part of the commercial area to its north and west than of the
residential area to its south and east. Since the proposed office building and all driveway and
parking areas would be situated below the level of the existing residence and thus below the crest
of the ridge, the ridge would shield the adjoining residential areas fi'om view of and activity on
the property. Petitioner therefore believes that the requested zoning change will afford an
opporttm/ty for use of this lot in a manner more consistent with its highest and best use. A site
plan showing the proposed configuration of the property and the planned improvements is
attached to this petition as Exhibit C.
. (6) Petitioner hereby proffers and agrees that if this property is rezoned as requested, the
rezoning will be subject to, and petitioner will abide by, the following conditions:
(a) The property will be used only for a medical office or medical clinic.
(b) The property will be developed substantially in accordance with the site plan
attached to this petition as Exhibit C, subject to any changes required by the City of Roanoke
during site development plan review.
RKE# 0883337.WPD-1, 101173-00003-01 2
(c) The building to be constructed on the property will be in substantial conformity
with the elevations attached to this petition as Exhibits D and E.
(d) All exterior lighting in the parking area at the rear of the building will be recessed
into the walls surrounding the parking area, and no source of light will be located above the top
of the tallest section of the wall.
(7) Attached to this petition as Exhibit F is a list of the names and addresses of the owners of
all lots immediately adjacent to or across a street from the property to be rezoned, together with
the Official Tax Number of each lc*..
WHEREFORE, petitioner requests that the parcel bearing City of Roanoke Official Tax
No. 5130117 be rezoned from RS-1 to C-2, with conditions, in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
Respectfully submitted by petitioner this ~d i~ of September,
Woods Rogers PLC
P. O. Box 14125
Roanoke, VA 24038-4125
Direct Dial Telephone: 983-7653
Of Counsel for the Petitioner
2004.
RKE# 0883337.WPD-1,101173-00003-O1
C
002002
GA
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~5 f-UT/L/i(
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~95.8' (DEED)
PIPE
~'ND.
1~2'
EL EC TR
KEAGY ROAD, S.~. RY. 685 ~40'
OF RECORD: WALLACE R. ~ BLANCHE M; BISHOP
EFERENCE DEED BOOK 489, PAGE 228
'NUMBER: 5150117
~OUND UTILITY SERVICE LINES
GRAPHIC SCALE
SURVEY FOR
PRESTON A. WALDROP
5830 KEAGY ROAD. S.W.
2.078 ACRES
DESCRIBED IN D.B.489! PG. 228
OATED SfPT 11 1Q%Q ~
EXHIBIT F
Petition of Preston A. Waldrop
Adjacent Property Owners
Tax Number
5130116
5130119
5130131
5130132
5130133
5130134
5130106
5130105
5130104
283-02-01
(Salem City)
Owner
Evelyn H. Wilson
3820 Keagy Road, SW
Roanoke, VA 24018
Heritage Builders Ltd of Roanoke
1804NorthwoodsLane
Salem, VA24153-7436
P.F. and Kathryn E. Glassbrenner
5221 Medmont Circle, SW
Roanoke, VA 24018
David G. Harrison
5303 Medmont Circle, SW
Roanoke, VA 24018
Beth F. Smith
5313MedmontCircle, SW
Roanoke, VA24018
Lewis-Gale Medical Center LLC
P. O. Box 1504
Nashville, TN 37202-1504
RKE# 0883337.WPD-1, 101 t 73-00003-O1
I
X
The HAR,P4SON FIRM
Legal Counsel
5305 MmMONr CtRCt£
Ro,~'~oKt, VA 2401&1120
MO 777-7100
Fro: 540 777-710I
la~4i~h ar fison-fi tm,corn
www. harrison-firm.com
November 13, 2004
BY E-MAlL
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Nelson Harris, Mayor
Beverly T. Fitzpatrick, Jr., Vice-Mayor
M. Rupert Cutler
Alfred T. Dowe, Jr.
Sherman P. Lea
Brenda L. McDaniel
Brian J. Wishneff
Re: Dr. Preston A. Waldrop Rezoning Petition
Dear Mr. Mayor, Mr. Vice-Mayor and Members of Council:
I write on my own behalf in opposition to the petition of Dr. Waldrop to rezone
the lot owned by him on Keagy Road. My residence is located to the immediate rear of
the subject property. I will address four areas of concern: (i) Vision 2001 - 2020, (ii)
Greater Deyerle Neighborhood Plan, (iii) the existing contract between the City and
Greater Deyerle Neighborhood Association concerning Keagy Road traffic, and (iv)
personal comments.
VISION 2001 - 2020
The report of the City Planning Commission incorporates verbatim the sections of
the staff report to it concerning sections of the comprehensive plan which are relevant to
the Waldrop rezoning. Although the report sets out the four bulleted points which the
staff stated are relevant, in fact members of the Planning Commission expressed concern
that the proposed development is inconsistent with Vision 2001-2020. Those statements
are incorporated in the section of the report beginning on page 4, "Planning Commission
discussion centered on .... "In addition to the concerns expressed by members of the
Planning Commission, there are also additional areas in which I argue directly conflict
with Vision 2001 - 2020.
Staff Report
The four bulleted points which the staff report sets out as relevant to the
consideration are, I suggest, irrelevant. Those points all relate to design features of the
Roanoke City Council
November 13, 2004
Page 2
building assuming it to be situated on property already zoned commercial. Whether it is a nicely
designed commercial building appropriate for a commercial lot is not the point. The question is
whether property should be rezoned to allow a commercial building within, as the Planning
Commission described it, a "viable" and "stable" residential area. It should not.
Planning Commission Comments
The Planning Commission report sets out concerns expressed by members that the
proposed rezoning is inconsistent with Vision 2001 - 2020. As indicated, those statements are
incorporated in the section of the report beginning on page 4, "Planning Commission discussion
centered on .... ' Some of those expressed concerns are the disadvantage of addressing
commercial rezoning on a case-by-case basis as opposed to a comprehensive rezoning of multiple
properties, and that the shape and bulk of the proposed development is incongruous with the
remaining residential development found along this block of Keagy Road.
Additional Conflicts
In addition to the concerns expressed by members of the Planning Commission, I suggest
that the proposed rezoning also directly conflicts with Vision 2001 -2020 in other ways as well.
A. The proposed rezoning is inconsistent with the City's concept of encouraging
village centers and discouraging sprawl. Quoting from Vision 2001 - 2020:
"Higher densities of development should be concentrated around existing or planned
mixed-use neighborhood commercial areas, with housing density decreasing away from
the village center." p. 39
"The (Vision 2001 - 2020) plan encourages the development of commercial and
residential centers as opposed to strip development." p. 57
The village center for Greater Deyerle is Southwest Plaza. That is the area for mixed-use
development. Not only is the area away from the village center to be residential, it is to be
increasingly less dense residential development. A commercial lot or a commercial strip away
from the village center is inconsistent with Vision 2001 - 2020.
B. The subject tract is not within an area designated for commercial "Development
Opportunities." Map p. 55
Map. p. 37
The subject tract is located within an area designated for "Housing Opportunities."
GREATER I)EYERLE NEIGHBORHOOD PLAN
Like it did when referring to the comprehensive plan, the City Planning Commission
incorporates verbatim the sections of the staff report to it concerning the parts of the Greater
Roanoke City Council
November 13, 2004
Page 3
Deyerle Neighborhood Plan which are relevant to the Waldrop rezoning.
points beginning at the bottom of page 2 of the report.
Those are the bulleted
The staff report selectively misquotes the Greater Deyerle Neighborhood Plan and omits
key provisions.
A, Misquoted provisions are these:
1. The staffreport refers to the neighborhood plan as saying:
"Many residential tracts on the perimeter of the neighborhood which front on
these major roads are under pressure for commercial development."
What the neighborhood plan in fact says is this:
"Commercial businesses are located in selected areas along the Brandon
Avenue and US Route 419 corridors. Zoning along both corridors is a
mixture of C-l, Office, and C-2. Many residential tracts on the perimeter of
the neighborhood which front on these maior roads are under pressure for
commercial development." (emphasis added) p. 7
The staff report would have you believe that the reference in the
neighborhood plan as being under pressure for commercial development
refers to Keagy Road. It does not.
2. The staff report refers to the neighborhood plan as supporting the
proposed development with this language:
"Maintain the existing commercial services located on the perimeter of the
neighborhood."
The neighborhood plan action strategy cited in the staff report
likewise refers to the Brandon Avenue and Route 419 corridors, Maintaining
the existing commercial services located along Brandon Avenue and Route
419 on the perimeter of the neighborhood, is not an argument which supports
rezoning ora tract to commercial on a different road.
In fact, action strategy number I in the neighborhood plan is this:
"Maintain the existing residential character of neighborhood." p. 21.
Relevant parts of the Greater Deyerle Neighborhood Plan which are omitted in the
staff report include these:
Roanoke City Council
November 13, 2004
Page 4
1. "In general, Greater Deyerle can be described as a primarily single-
family residential neighborhood which prides itself in its pastoral
environmental character with numerous lakes and abundant greenspace." p. 2
2. "Greater Deyerle is a neighborhood which prides itself in its pastoral,
rural character with numerous lakes and abundant greenspace .... Residents
of Greater Deyerle enjoy a beautiful neighborhood with well maintained
homes on large lots, a diversity of housing styles, and areas which still retain
an agricultural atmosphere with grazing horses." p. 4
3. "Roanoke Vision encourages the maintenance of stable residential
neighborhoods. The availability of good quality housing plays a major role
in the City's economic health. Several areas in Greater Deyerle
neighborhood are identified as places where new residential development
can occur, thereby sustaining a strong housing market in southwest
Roanoke." p. 6
4. "Residents of the neighborhood want to maintain the existing single-
family character of the neighborhood with its large lots, diversity of housing
styles and abundant greenspace." p. 7
EXISTING CONTRACT BETWEEN CITY
AND GREATER DEYERLE NEIGHBORHOOD ASSOCIATION
The issue of traffic on Keagy Road was discussed at the Planning Commission
hearing. During my comments I offered a copy of an outstanding contract between the
City and the Greater Deyerle Neighborhood Association on that subject. The staff
representative of the City Planning Office at the hearing stated he had a copy. It was my
understanding that the staff was to include that contract as an attachment to the Planning
Commission report to City Council. Instead of including a discussion of the contract, the
report prepared by the staff includes a paragraph which appears as the last paragraph on
page 3 referring a "Trip Generation Manual." That paragraph did not appear in the earlier
staff report to the Planning Commission.
Theoretical estimates of traffic counts and thresholds requiring traffic impact
studies are not relevant. The contract with the neighborhood requires actual counts, not
estimates, and the City has contractual obligations based upon those counts. I am attaching
for your reference a copy of the Memorandum of Understanding dated June 29, 1992
between the City and the Greater Deyerle Neighborhood Association. Relevant portions
are highlighted. Following the Memorandum of Understanding is a report by the City of
average daily traffic volumes. At the fhr right I have added the percentage increase over
1989 levels for the past six years.
Roanoke City. Council
November 13, 2004
Page 5
The contract requires to City to "initiate a process with the neighborhood to seek
mutually acceptable mitigating measures to preserve the rural residential character of the
neighborhood" when there is a twenty-five percent (25%) increase over 1989 volumes.
You will note that traffic volumes have exceeded that percentage increase in fbur of the
last six years, however, the City has not initiated a process to mitigate it, as required by
contract. Instead, the staff report entirely omits any reference of the City's contractual
obligations to the neighborhood association in their report to City Council.
I suggest that the Waldrop rezoning conflicts with the City's existing contractual
obligation to the neighborhood association.
PERSONAL COMMENTS
My property is located immediately to the rear of the subject property and would be
substantially affected by the rezoning. I have lived in the City of Roanoke for 24 of the 26
years I have practiced law here. I moved into my home on Medmont Circle in May of this
year. Having a parking lot to the rear of the subject property is not an argument I view as
supporting the requested zoning. It certainly does not help me. I did not buy this property
six months ago thinking I would have a parking lot off my back deck and be required to
listen to car doors slam shut and to the dronc of a commercial HVAC system.
CONCLUSION
For all of these reasons, I urge you to deny petitioner's rezoning request,
Very trg~y youj~ ,~//
David G. Harrison
C:\Documenls and Setlings~'avidkDoeument s\ Pets DoeshMcdmon! Pyopetty\Leacr to City Councikdoc
MEMORANDUM OF UNDERSTANDING
WHEREAS, it is the intention of Greater Deyerle Neighborhood
Association ("GDNA") and the City of Roanoke ("City") to preserve
the natural beauty and rural atmosphere of the Greater De~erle
Neighborhood and in this regard to give particular attention to
present and future control of increased volumes of traffic through
the neighborhood;
WHEREAS, while it is understood that the City cannot be bound
to maintain specific traffic regulations or traffic control
signage, the City agrees to adopt and enforce reasonable traffic
regulations to be applicable in the Greater Deyerle Neighborhood
with the objectives of preventing and controlling increased volumes
of traffic in the neighborhood, avoiding increased traffic volumes
in adjacent residential neighborhoods through such mitigation
efforts, and advancing the heaith, welfare, public safety and
convenience of the general public;and
WHEREAS, the following process is deemed desirable to promote
communication between the City and GDNA;
NOW, THEREFORE, the parties hereto agree as follows:
1. Whenever the City Manager proposes to remove traffic control
signs or to 911minate t~rning restrictions referenced in the
Consensus Response attached hereto as Exhibit i ("proposed
alteration"), he shall give notice of such proposed alteration
to the Greater Oeyerle Neighborhood Association ("GDNA")
thirty (30) days in advance of implementation of the proposed
alteration. Notice shall be in writing and shall be deemed.
completed when placed in the Un'ted States mall, postag~ paid,
and addressed to the last known address of the President of GONA,
thirty (30} days in advance of the proposed date of implementation
of the proposed alteration.
2. Upon the written request of the President of GDNA, the City
Manager agrees to provide such President access to any written
studies or traffic data relating to any proposed alteration.
3. The City Manager agrees to receive and review or cause to be
reviewed by his designee any written studies or traffic data
submitted by GDNA in opposition to any proposed alt~ration.
4. Upon receipt of timely written request from the President of
GDNA, the City Manager or his designee shall accord official
representatives of GDNA a face-to-face meeting at which such
representatives shall be provided an opportunity to comment
upon any proposed alteration.
§. Upon receipt of timely written request from the President of
GDNA, the City Manager agrees not to implement any proposed
alteration until such time as GDNA shall have had a~
opportunity to be placed on City Council's agenda and to
present comments with respect to such proposed alteration at
the next regularly scheduled meeting of City Council.
This Memorandum shall not be construed to limit the City
Manager when in his sole discretion an emergency exists which
requires the immediate implementation of measures contrary to
this Memorandum or the Consensus Response; provided, however,
the City Manager shall forthwith give notice to the President
of GDNA of the nature of the emergency and his proposed
action.
There will be annual reports from the City Administration to
GDNA of the traffic volumes on Keagy Road, Cravens Creek Road,
Mudlick Road, Circle Drive, Deyerle Road and Grandin Road.
When there is a 25 percent (25%) Increase in traffic volumes
in comparison with 1989 volumes on any street, the City will
initiate a process with the neighborhood to seek mutually
acceptable mitigating measures to preserve the rural'
residential character of the neighborhood.
This memorandum shall not be construed t0 limit City Council
in the exercise of its legislative powers to deal with matters
affecting the public health, welfare, safety and convenience,
including removal or alteration of measures referenced in the
Consensus Response·
Thls Memorandum shall be effective prospectively only for a
period of fifteen (15) years from its date. At the end of
such fifteen (15] year term, the City Manager or his designee
and representatives of GDNA shall meet to assess the viability
of this Memorandum and the effectiveness of traffic control
measures implemented by the City in the neighborhood. By
'mutual agreement between the parties, this Memorandum may be
extended for an additional term of fifteen (15) years.
W. Robert Herbert, City. Manager
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
F~x: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
STEPHAN1E M. MOON
Deputy City Clerk
SHEII~ N. HARTMAN
Assistant City Clerk
November 2, 2004
File #51
Daniel F. Layman, Jr.
Woods Rogers PLC
P. O. Box 14125
Roanoke, Virginia 24038-4125
Dear Mr. Layman:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, November 15, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on the request of Preston A.
Waldrop that certain property located at 3830 Keagy Road, S. W., identified as
Official Tax No. 5130117, be rezoned from RS-l, Residential Single Family District,
to C-2, General Commercial District, subject to certain conditions proffered by the
petitioner.
For your information, I am enclosing copy of a report of the City Planning
Commission and a notice of public hearing. Please review the documents and if
you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at
540-853-2431. Questions with regard to the City Planning Commission report
should be directed to the Department of Planning, Building and Development at
540-853-1730.
L:\C LERK~DATA\CKEW 1YPublic Heatings 2004hNovember 04~Attomcys and Adjoining ProperW Owners.doc
Daniel F. Layman, Jr.
November 2, 2004
Page 2
It will be necessary for you, or your representative, to be present at the
November 15 public hearing. Failure to appear could result in a deferral of the
matter until a later date.
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
L:\CLERK~DATA\CKEW 1 ~Publi¢ Hearings 2004LNovember 04~Attomeys and Adjoining Propemy Owners.doc
MARY F. PARKER, CMC
Cit~ Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fox: (540) 853-1145
E-mail: clerk~ci.romloke.va.us
November 2, 2004
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Evelyn H. Wilson
P. F. and Kathryn E. Glassbrenner
Beth F. Smith
Jennifer Pfister, President
Greater Deyerle Neighborhood Association
Heritage Builders LTD of Roanoke
David G. Harrison
Lewis-Gale Medical Center LLC
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, November 15, 2004, at 7:00 p.m., or as soon thereafter as the matter
may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on the request of Daniel F.
Layman, Jr., Attorney, representing Preston A. Waldrop, that property located at
3830 Keagy Road, S. W., Official Tax No. 5130117, be rezoned from RS-i,
Residential Single Family District, to C-2, General Commercial District, subject to
certain conditions proffered by the petitioner.
The City Planning Commission is recommending that Council deny the request for
rezoning. If you would like to receive a copy of the report of the City Planning
Commission, please call the City Clerk's Office at 540-853-2541.
L:\CLERK~DATA\CKEW BP ublic Hearings 2004LNovember 04~Attomeys and Adjoining Property Owners.doc
Interested Property Owners and/or Adjoining Property Owners
November 2, 2004
Page 2
This letter is provided for your information as an interested property owner and/or
adjoining property owner. If you have questions with regard to the matter, please
call the Department of Planning, Building and Development at 540-853-1730.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
L:\CLERK~DATA\CKEW 1 ~Public Hearings 2004~q'ovember 04~ARomeys and Adjoining Property Owners.doc
PETITION AGAINST THE REZONING OF
3830 KEAGY ROAD FROM RS-1 TO C-2
We, the undersigned residents of the City of Roanoke, are NOT in support of the rezoning
requested by Mr. Preston A. Waldrop to rezone 3830 Keagy Road (tax #5130117) from RS-1 to
C-2. We believe that this property should remain in residential use as stated in our neighborhood
plan and in compliance with our legally-backed "Memorandum of Understanding" signed by the
City of Roanoke and the Greater Deyerle Neighborhood Association.
Signature Printed Name Address
PETITION AGAINST THE REZONING OF
3830 KEAOY ROAD FROM RS-I TO C-2
We, the undersigned residents of the City of Roanoke, are NOT in support of the rezoning
requested by Mr. Preston A. Waldrop to rezone 3830 Keagy Road (tax #5130117) from RS-1 to
C-2. We believe that this property should remain in residential use as stated in our neighborhood
plan and in compliance with our legally-backed "Memorandum of Understanding" signed by the
City of Roanoke and the Greater Deyerle Neighborhood Association.
Signature Printed Name Address
PETITION AGAINST THE REZONING OF
3830 KEAGY ROAD FROM RS-1 TO C-2
We, the undersigned residents of the City of Roanoke, are NOT in support of the rezoning
requested by Mr. Preston A. Waldrop to rezone 3830 Keagy Road (tax #5130117) from RS-1 to
C-2. We believe that this property should remain in residential use as stated in our neighborhood
plan and in compliance with our legally-backed "Memorandum of Understanding" signed by the
City of Roanoke and the Greater Deyerle Neighborhood Association.
Signature Printed Name Address
:I.' ,, 0
PETITION AGAINST THE REZONING OF
3830 KEAGY ROAD FROM RS-1 TO C-2
We, the undersigned residents of the City of Roanoke, are NOT in support of the rezoning
requested by Mr. Preston A. Waldrop to rezone 3830 Keagy Road (tax #5130117) from RS-1 to
C-2. We believe that this property should remain in residential use as stated in our neighborhood
plan and in compliance with our legally-backed "Memorandum of Understanding" signed by the
City of Roanoke and the Greater Deyerle Neighborhood Association.
Signature Printed Name Address
,- ,.,
PETITION AGAINST THE REZONING OF
3830 KEAGY ROAD FROM RS-1 TO C-2
We, the undersigned residents of the City of Roanoke, are NOT in support of the rezoning
requested by Mr. Preston A. Waldrop to rezone 3830 Keagy Road (tax #5130117) from RS-1 to
C-2. We believe that this property should remain in residential use as stated in our neighborhood
plan and in compliance with our legally-backed "Memorandum of Understanding" signed by the
City of Roanoke and the Greater Deyerle Neighborhood Association.
Printed Name Address
'~ ,
PETITION AGAINST THE REZONING OF
3830 KEAGY ROAD FROM RS-1 TO C-2
We, the undersigned residents of the City of Roanoke, are NOT in support of the rezoning
requested by Mr. Preston A. Waldrop to rezone 3830 Keagy Road (tax #5130117) from RS-1 to
C-2. We believe that this property should remain in residential use as stated in our neighborhood
plan and in compliance with our legally-backed "Memorandum of Understanding" signed by the
City of Roanoke and the Greater Deyerle Neighborhood Association.
Signature Printed Name Address
November 10, 2004
Honorable City Council Members,
I am a resident of the City of Roanoke, and of Medmont Lake. ! am writing in
opposition to the proposed rezoning of property located at 3830 Keagy Road, S.
W., City of Roanoke, Official Tax No. 5130117, from RS-1 to C-2.
The 1986 Roanoke Vision Plan advocated preservation and the enhancement of
existing neighborhoods, and it recommended that ordinances and efforts be
made to support neighborhood preservation. The newer Vision 2001 - 2020
Plan echo's the same sentiments. Likewise, the Greater Deyedy Neighborhood
Plan, which includes the IVledmont, and adopted by City Council in 1990 states
that our neighborhood is a stable residential community, and that good quality
housing plays a major role in the cities economic health. The plan also states
that the city encourages the maintenance of stable neighborhoods.
I am concerned about the unnecessary increase in traffic, the possible
commercialization of Keacjy Road, and the inevitable decreased property values
in our neighborhoods.
! believe that this development is inappropriate for this location, that it is
detrimental to the neighborhood, that it goes against the neighborhood plan, and
it would be practicing spot rezoning. I believe this property should remain in RS-
1 residential use as shown in our neighborhood plan, and as shown in the
Roanoke Vision 2001 - 2020 plan.
k you ~0r your consideration.
Yours ~
MARY F. PARKER, CMC
Ci~ty Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-I 145
E-mail: clcrk~ci.roanokc.va, us
September 3, 2004
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN.
Assistant City Clerk
Robert B. Manetta, Chair
C~tv Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1 979), as
amended, I am enclosing copy of a petition received in the City Clerk's Office on
September 2, 2004, from Preston A. Waldrop requesting that a tract of land
located at 3830 Keagy Road, S. W., containing 2.078 acres, more or less,
identified as Official Tax No. 5130117, be rezoned from RS-l, Residential
Single-Family District, to C-2, General Commercial District, subject to certain
conditions proffered by the petitioner.
Sincerely,
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
Enclosures
N:XCKEW l~Rczonings - Strcct Alley Closing 04\September 2004XPreston A. Waldrop.doc
Robert B. Manetta
September 3, 2004
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Daniel F. Layman, Jr., Attorney, Woods, Rogers, PLC, P. O. Box 14125,
Roanoke, Virginia 24038-4125
Susan S. Lower, Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. 'ralevi, Assistant City Attorney
N:\CKEW 1W. ezonings - Street Alley Closing 04\September 2004~Pres~n A. Waldrop,doc
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
Preston A. Waldrop for property at 3830 Keagy Road, SW )
Tax No. 5130117 from RS-1 to C-2, conditional ) AFFIDAVIT
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the
20th day of September, 2004, notices of a public hearing to be held on the 21st day of
October, 2004, on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel Owner's Name
5130116 Evelyn H. Wilson
5130119
5130132
5130133
5130134
5130131
Heritage Buildings Ltd., of Roanoke
Thomas Hash
5130106 P.F. and Kathryn E. Glassbrenner
5130105 David G. Harrison
5130104 Beth F. Smith
Salem City Lewis-Gale Medical Center, LLC
Also mailed to:
Jennifer Pfister, Greater Deyerle NH Association
Troy Smith, Greater Deyerle NH Association
Janet Scheid, Roanoke County
Joe Yates, City of Salem
Martha Pace Franklin
Mailin.q Address
3820 Keagy Road
Roanoke, VA 24018
1804 Northwoods Lane
Salem, VA 24153
1804 Northwoods Lane
Salem, VA 24153
5221Medmont Circle, SW
Roanoke, VA 24018
5303 Medmont Circle
Roanoke, VA 24018
5313 Medmont Circle
Roanoke, VA 24018
P O Box1504
Nashville, TN 37202-
1504
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 20th day of September, 2004.
Notary Public
My Commission Expires: ,~ - ~ ~' -O "")
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
.................................................. + ........................
LAYMAN, DANIEL F.,
P.O. BOX 14125
ROANOKE VA 24038
JR., ATTY.
REFERENCE: 80120496
04100886
NOTICEOFPUBLICHEARIN
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vir inia. Sworn and subscribed before me this
~m_~_~ day of November 2004. Witness my hand and
d~al. seal.
otarv Public
My/ commission e ~r~s-- ~ ~ ~ _~ ~_~_ _ _ .
PUBI, IS}iED ON: 10/29 11/05
TOTAL COST:
FILED ON:
247.94
~1/10/04
her 1~, 2~]4, ~b~ 7,~0 p,m.,
Signature :__
Billing Services
Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke
(1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on
Monday, November 15, 2004, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RS-l,
Residential Single Family District, to C-2, General Commercial District, subject to certain
proffers, the following property:
That certain property located at 3830 Keagy Road, S.W., identified as Official
Tax No. 5130117.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date
and be heard on the question.
If you are a person with a disability who needs accommodations for this public
hearing, contact the City Clerk's Office, 853-2541, by Thursday, November 11, 2004.
GIVEN under my hand this 26thday of October ,2004.
Mary F. Parker, City Clerk.
K:/NOTiCES/N-KEZO-KEAGyKD WPROFFERS(WALDROP) I 11504 DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, October 29, 2004, and once on Friday,
November 5, 2004.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Daniel F. Layman, Jr., Esquire
Woods, Rogers, PLC
P.O. Box 14125
Roanoke, Virginia 24038-4125
(540) 983-7653
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November iL8, 2004
File #60-270
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
lam attaching copy of Ordinance No. 36901-1]L].504 appropriating funds to various
technology projects, and amending and reordaining certain sections of the 2004-
2005 General and Department of Technology Funds Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, November 15, 2004, and is in full
force and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Jesse A. Hall
November 18, 2004
Page 2
pc:
Darlene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Operations
Sherman M. Stovall, Director, Office of Management and Budget
John Elie, Director, Department of Technology
David Hoback, Chair, Information Technology Committee
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of November, 1004.
No. 36901-111504.
AN ORDINANCE to appropriate funding to various technology projects, amending and
reordaining cedain sections of the 2004-2005 General and Department of Technology Funds
Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following sections of
the 2004-2005 General and Department of Technology Funds Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Transfer to Department of Technology
Fund
Fund Balance
Reserved for CMERP - City
001-250-9310-9513 $ 150,000
001-3323 (150,000)
Department of Technolo_cly Fund
Appropriations
Appropriated
Appropriated
Appropriated
Appropnated
Appropriated
Appropnated
Appropriated
Appropriated
Appropmated
Appropriated
Appropnated
Appropriated
Appropriated
Revenues
from General
from General
from General
from General
from General
from General
from General
from General
from General
from General
from General
from General
from General
Revenue
Revenue
Revenue
Revenue
Revenue
Revenue
Revenue
Revenue
Revenue
Revenue
Revenue
Revenue
Revenue
Transfer from General Fund
Transfer from School Fund
Retained Earnings
Retained Earnings Available for
Appropriation
013-430-9866-9003
013-430-9850-9003
013-430-9896-9003
013-430-9897-9003
013-430-9854-9003
013-430-9845-9003
013-430-9888-9003
013-430-9894-9003
013-430-9885-9003
013-430-9883-9003
013-430-9898-9003
013-430-9890-9003
013-430-9865-9003
013-110-1234-1037
013-110-1234-1127
013-3348
52,780
25,000
57,000
27,500
50,000
156,000
20,000
10,500
134,000
10,900
10,300
12,290
150,000
150,000
150,000
(416,270)
Pursuant to the provisions of Section 12 of the City Charier, the second reading
of this ordinance by title is hereby dispensed with.
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 15, 2004
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Vice-Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council
Subject: Funding for Technology Needs
Background:
The Information Technology Committee (ITC) has completed its review of
technology projects and equipment needs throughout the organization and has
developed a list of recommendations designed to meet the goals of the
Information Technology Strategic Plan. Attachment 1 provides supporting detail
and cost information for each of these needs. All items will be purchased in
accordance with the requirements as set forth in Chapter 23.1, Procurement, of
the Code of the City of Roanoke, as amended.
The Department of Technology's internal service fund currently has retained
earnings available for appropriation in the amount of $ 416,270 that can be
allocated for technology needs. Additional funding in the amount of $ 300,000
is available from the following sources:
· School Fund - Year 2 of 5 (total funding commitment of $ 150,000
$1.5 million for Financial Application Systems Project, this
represents a second installment of $150,000 for Year 2).
· Current Year Capital Maintenance and Equipment Replacement Program
$ 150,000
Mayor Harris and Members of City Council
November 15, 2004
Page 2
Total
The total of all funding sources available for appropriation is
$ 300,000
$ 716,270
Recommended Action:
City Council adopt the attached budget ordinance to appropriate funding to new
or existing project accounts to be established by the Director of Finance to
support strategic technology needs and enhancements.
Respectfully submitted,
City Manager
Attachment
DLB:je
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
George C. Snead, Assistant City Manager
Sherman M. Stovall, Director of Management and Budget
David Hoback, Chairman, Information Technology Committee
John Elie, Director, Department of Technology
CM04-00189
Attachment 1 - Technology Council Report
2004 Technology Funding Recommendations
Technology Project Funding
Enterprise Reporting Study 20,000
Technology Training 25,000
800 MHz Radio System - Conventional Repeaters 57,000
MOSCAD Alarm Reporting 27,500
Enterprise Infrastructure upgrades 50,000
PC Replacement Program 156,000
Work Order System (additional funding for phase I hardware) 20,000
Fleet Mgmt Mechanic Training - Diagnosis of 10,500
Equipment/Vehicles
Police - Vehicle Take Home Program (Mobile equipment, 113,000
radios)
Library: wireless Internet connectivity 10,900
Library: Virginia Room & Main Library computer equipment 10,300
Police: Mobile Computer Replacement Program 21,000
Social Services: Lotus Notes licenses 12,290
Contingency - miscellaneous technology services 32,780
Enterprise Financial Application (additional funding from 150,000
Schools)
TOTAL: 716,270
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
................................................. + ........................
MARY PARKER
CITY OF ROANOKE - CITY CLERK
MUNICIPAL BLDG RM 456
ROANOKE VA 24011
REFERENCE: 10154151
04154036
Public Hearing
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
V~nia. Sworn and subscribed before me this
_~_ 'day of November 2004. Witness my hand and
o~1 seal.
-~,~J,A~ ~ ~/'~W ~ Notary Public .O~CE OF PUBLIC HEARJ,G
------;-'"~"~'--7'r/------~--;-,J~------'-~r'~-~'-~! '% ,'--., ~.'~ TheCounciloftheCttyofRoanokewillconsiderapmpOsaltoadjustthe
My ommis~ron e ~- -~--~-~ ; a e
/comm~ e:x/P-J~--Cs~4-/--j~.~- ~ _~ .... ' ~sre~at amountofitsFYzoo4-2oo5Technolo~yFundBudgetJnthefoilowlng
/ ~ ,/ - respects, in connection with appropriation of funds for its Capital Maintenance
-- and Equipment Replacement Program for Technolo~,;
FUND ADOPTED RECOMMENDED
BUDGET INCREASE
PU~,LIS~IED ON: 1iL/05 Techno~0gyFund $5,6~3,293 NottoExceed$7t6,27o
Pursuant to the requirements of §~5.z-zSOT, Code of Virginia (~95o), as
amended, notice is hereby given tha~ the Council of the City of Roanoke will
hold a public headng on the above matter on Monday NOVember ~5, 2oo4, at
7:oo p.m., iocal time, or as soon thereafter as the matter may be heard, in the
Council Chambers. Room 45o, Noel C. Taylor Municipal Building, 2~5 Church
Avenue, SW, Roanoke, Vkginia. For further information on these matters, you
may contact the Office of the Ci~ Clerk at (54o) 853-a54[.
TOTAL C,DST: 215.69 AIl parties and interested citizens may appear on the above date and be
F I L E D ON: 1 1 / 1 0 / 0 4 heard on the matter. If you are a person who needs accommodations for this
headng, please contact the Ci~ Clerk's Office at (54o) 853-254t before t~:oo
............................................ noon on Thursday, November it, 2oo4.
Given under my hand this zst day of November, 2oo4.
Authorized ~ ~ Mary F. Parker, City Clerk
S ignature:___~~_~)~k .......... Billing Services Representative
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will consider a proposal to adjust the
aggregate amount of its FY 2004-2005 Technology Fund Budget in the following
respects, in connection with appropriation of funds for its Capital Maintenance and
Equipment Replacement Program for Technology:
FUND
ADOPTED
BUDGET
RECOMMENDED
INCREASE
Technology Fund
$5,613,293
Not to Exceed $716,270
Pursuant to the requirements of §15.2-2507, Code of Virginia (1950), as
amended, notice is hereby given that the Council of the City of Roanoke will hold a
public hearing on the above matter on Monday, November 15, 2004, at 7:00 p.m., local
time, or as soon thereafter as the matter may be heard, in the Council Chambers, Room
450, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia.
For further information on these matters, you may contact the Office of the City Clerk at
(540) 853-2541.
All parties and interested citizens may appear on the above date and be heard
on the matter. If you are a person who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541 before 12:00 noon on Thursday,
November 11, 2004.
GIVEN under my hand this __~st day of November, 2004.
Mary F. Parker, City Clerk.
Please publish the attached as a display ad to appear for one day, Friday, November 5,
2004.
Send Publisher's Affidavit to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, SVV
Roanoke, VA 24011
Send bill to:
Department of Management and Budget
Room 354, Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
Direct questions about this ad to: Amelia Merchant
(540) 853-6805
(540) 853-2773 fax
Amelia_Merchant@ci.roanoke.va.us
Notice to Publisher:
Publish in The Roanoke Tribune once on Thursday, November 4, 2004.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Department of Management and Budget
Room 354, 215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-6805