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HomeMy WebLinkAboutCouncil Actions 02-21-06 Fitzpatrick $7504-022106 ROANOKE CITY COUNCIL REGULAR SESSION FEBRUARY 21,2006 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--Roll Call. (Council Member Dowe was absent.) 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 C. Nelson Harris. Welcome. Mayor Harris. NOTICE: Today's Council meeting will be replayed on Channel 3 on Thursday, February23, 2006, at 7:00 p.m., and Saturday, February25, 2006, 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 WEDNESDAY 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 WWW. ROANOKEVA.GOV, CLICK ON THE SERVICE ICON, CLICK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. 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-FED 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-FEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A Resolution memorializing the late Evelyn Bruce Snead, mother of George C. Snead, Jr., former Assistant City Manager of Operations. Adopted Resolution No. 37304-022106. (6-0) File #80 3. CONSENT AGENDA C-1 C-2 C-3 C-4 Approved (6-0) ALL MATTERS 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. Minutes of the regular meetings of Council held on Tuesday, January 3, 2006, Tuesday, January 17, 2006, and the special meeting held on Tuesday, January 17, 2006. RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded. A communication from Carol Jensen tendering her resignation as a member of the Roanoke Neighborhood Advocates. RECOMMENDED ACTION: Accept the resignation and receive and File #110-488 file the communication. Qualification of Robert Williams, Jr., as a member of the Blue Ridge Behavioral Healthcare Board of Directors, for a term ending December 31, 2008. RECOMMENDED ACTION: Receive and file. File #15-110-314 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. RECOMMENDED ACTION: Concur in the request. File #132 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 3 5. PETITIONS AND COMMUNICATIONS: Recommendation of the Clerk of Circuit Court for acceptance of Compensation Board Technology Trust Funds, in the amount of $29,964.00; and a communication from the City Manager concurring in the recommendation. Adopted Budget Ordinance No. 37305-022106. (6-0) File #60-103-214 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: Acceptance of Workforce Investment Act Capacity Building funds, in the amount of $12,~00.00, from the Western Virginia Workforce Development Board; and appropriation of funds. Adopted Budget Ordinance No. 37306-022106. (6-0) File #60-72 Acceptance of a subaward from Virginia Commonwealth University, in the amount of $258,505.00, in connection with Virginia Institute for Social Service Training Activities (VlSSTA); and appropriation of funds. Adopted Budget Ordinance No. 37307-022106 and Resolution No. 37308-022106. (6-0) File #60-72 Acceptance of a Domestic Violence Program grant, in the amount of $32,967.00, from the Virginia Department of Criminal Justice Services; and appropriation and transfer of funds. Adopted Budget Ordinance No. 37309-022106 and Resolution No. 37310-022106. (6-0) File #5-60-236 4 Execution of Amendment No. 3 to the Agreement with the YMCA of Roanoke Valley, Inc., in connection with property located at the corner of Church Avenue and Fifth Street, S. W. Adopted Ordinance No. 37311-022106. (6-0) File #2-100-166 Adoption of a resolution in support of multi-modal Interstate 81 corridor improvements. Adopted Resolution No. 37312-022106. (6-0) File #20-77 b. CITY AI-rORN EY: Amendment and reenactment of Ordinance No. 35619-101801, to vacate, discontinue and close a portion of an undeveloped alley between 10~ and 11th Streets, S. E. Adopted Ordinance No. 37313-022106. (6-0) File #514 Amendment of Ordinance No. 36226-020303, adopted on February 3, 2003, to allow additional time for the Roanoke Redevelopment and Housing Authority to prepare and record a plat of subdivision, in connection with development of the Fifth Street Gateway Project. Adopted Ordinance No. 37314-022106. (6-0) File #1 78-514 c. DIRECTOR OF FINANCE: Adoption of an ordinance appropriating $35,055,000.00 of general obligation public improvement bonds for several projects that were established and funded in advance of issuance of 2006 General Obligation Bonds. Adopted Budget Ordinance No. 3731 S-022106. (6-0) File #53-60-192-21 7-301-416-467-540-557-558 7. REPORTS OF COMMI'I-rEES: Request of the Roanoke City School Board for appropriations to fund facility maintenance, food services equipment, school-based furniture, and construction of the football stadium to be located on the Patrick Henry High School campus; and a report of the Director of Finance recommending that Council concur in the request. Kenneth F. Mundy, Executive Director of Fiscal Services, Spokesperson. Adopted Budget Ordinance No. 37316 on first reading. (4-2, Council Members Lea and Wishneff voting no.) File #60-122-217-270-467-472 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Dr. Cutler referred to an article in the January 2006 Virgin/a Town & City Magazine with regard to benefits of City squares. File #80-227 6 Council Member Cutler called attention to a column by Dan Smith in the February 13, 2006 edition of the Blue Ridge Eu$/ne$$Jo~rna/that complimented Gary Hegner, Parks Supervisor, Roanoke Parks and Recreation Department, for encouraging student artist and skateboarder Hunter Dickenson to paint the City-County Skateboard Park. File #67-80-227 Council Member Cutler announced that Mike Etienne, former Director of Housing and Neighborhood Services, recently received his Doctorate of Philosophy Degree. He advised that he served on the Doctoral Committee and attended the oral examination on Mr. Etienne's dissertation at Virginia Commonwealth University on February 9, 2006. File #80 Council Member Cutler announced the availability of a 2- 1-1 number for various health/human service needs, which has been a long term goal of the Council of Community Services. File #72-241 b. 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'ERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. 7 Ms. Amanda F. Davis, 1998 Cahas Mountain Road, Boones Mill, Virginia, requested an easement across City owned property in order to have access to her property which is located in the Carvins Cove area of Roanoke County. File #166 Mr. John E. Kepley, .2909 Morrison Street, S. E., spoke with regard to the renovation of Victory Stadium. File #122 Mr. Winfred Noell, 2743 Northview Drive, S. W., spoke with regard to comments made by the Mayor during his Mayoral campaign in 2004 with regard to renovation options for Victory Stadium. File #122 1 2. CITY MANAGER COMMENTS: The City Manager called attention to .an article in the February 21,2006 edition of the Roano/~e T/meswith regard to a pledge of $60,000.00 from the Roanoke Valley Convention and Visitors Bureau, the Roanoke Valley Economic Development Partnership and several local governments to attract the second annual U. S. Challenge to the Roanoke Valley, which pairs athletic and outdoor competition with tests of strategic thinking and teamwork. File #293 THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. ROANOKE CITY COUNCIL REGULAR SESSION FEBRUARY 21,2006 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order -- Roll Call. (Mayor Harris and Council Member Dowe were 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 Vice-Mayor Fitzpatrick. Welcome. Vice-Mayor Fitzpatrick. NOTICE: Tonight's Council meeting will be replayed on Channel 3 on Thursday, February23,2006, at 7:00 p.m., and Saturday, February25, 2006, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. PRESENTATIONS AND ACKNOWLEDGEMENTS: Proclamation declaring the month of March 2006 as DeMolay Month. File #3 PUBLIC HEARINGS: Proposal of the City of Roanoke to amend Vision 2001-2020, the City's Comprehensive Plan, to include the Strategic Housing Plan. R. Brian Townsend, Agent, City Planning Commission. Adopted Ordinance No. 3731 7-022106. (5-0) File #178-200-424 Proposal of the City of Roanoke to amend Vision 2001-2020, the City's Comprehensive Plan, to include the Mill Mountain Park Management Plan. R. Brian Townsend, Agent, City Planning Commission. Adopted Ordinance No. 37318-022106. (5-0) File #67-200-424 Amendment of the City's Fee Compendium to incorporate new zoning districts and associated filing fees. R. Brian Townsend, Agent, City Planning Commission. Adopted Ordinance No. 37319-022106. (5-0) File #51-289 Proposal to lease City-owned property located at 32 Market Square to Juan E. Garcia, d/b/a Paradiso Cuban Restaurant, to be used as afood service establishment, for a term of three years, commencing March 1,2006. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37320-022106. (5-0) File #42-166-373 Proposal of the City of Roanoke to amend a lease agreement dated January 9, 2004, with the YMCA of Roanoke Valley, inc., to include certain property located at the corner of 5th Street and Luck Avenue, S.W. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37321-022106. (5-0) File #100-166-373 l0 B. OTHER BUSINESS: 1 .(a) Petition for appeal of a decision of the Architectural Review Board, filed by Dawn S. Waters, with regard to replacement of windows at 377 Albemarle Avenue, S. W. (b) Report of the Architectural Review Board with regard to the above referenced petition for appeal. Robert Richert, Vice-Chair. Based upon evidence presented on February 21, 2006, Council voted to affirm the decision of the Architectural Review Board on December 8, 2005, as set forth in a letter dated December 9: 2005, and that no Certificate of Appropriateness be Issued to install replacement windows at 377 Albemarle Avenue, S. W., on the grounds that the replacement windows are not consistent with the H-2 Guidelines, will reduce the amount of window space, are not the appropriate proportion or design, and are not architecturally compatible with structures in the H-2 Historic District. (5-0) File #66-249 C. HEARING OF CITIZENS UPON PUBLIC MATTERS: 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. Presentation by Countryside Neighborhood Alliance with regard to the Countryside Golf Course property. Valerie Garner, Chair, Spokesperson. (Sponsored by Council Members Sherman P. Lea and Brian J. Wishneff.) Referred to the City Manager for response. File #166-450-557 ]! The following persons, spoke in connection with the development of Countryside Golf Course and/or construction of a football stadium at Patrick Henry High School: Mr. Phillip P. Wright, 1646 Center Hill Drive, S. W. Ms. Alice P. Hincker, 4024 South Lake Drive, S. W. Ms. Margaret Keyser, 2701 Guilford Avenue, S. W. Mr. Allan C. Scanlan, 1631 Center Hill Drive, S. W. Mr. Winfred Noell, 2743 Northview Drive, S. W. Mr. Glen Fleenor, 1 738 Blair Road, S. W. Ms. Suzanne Osborne, 1702 Blair Road, S. W. Ms. Susan Hall, 2237 Ranch Road, N. W. Dr. Virginia B. Stuart, 3774 Laurel Ridge Road, N. W. Mr. John Graybill, 2443 Tillett Road, S. W. Mr. Chris Craft, 1501 East Gate, N. E. Mr. Michael Higgins, 2267 Countryside Road, N. W. Ms. Sarah Higgins, 2267 Countryside Road, N. W. Mr. Daniel M. Hale, Jr., 4425 Oleva Street, N. W. File #66-122-467-557 Mr. John C. Kepley, 2909 Morrison Street, S. E., spoke in support of the renovation of Victory Stadium, and expressed concern with regard to Council's action in connection with construction of a football stadium at Patrick Henry High School. File #66-122-467 Mr. Robert E. Gravely, 729 27th Street, N. W., spoke with regard to various issues of concern. File #66 THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED ON FRIDAY, MARCH 3, 2006, AT 8:30 A.M., ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., FOR THE COUNCIL'S ANNUAL FINANCIAL PLANNING SESSION. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 2006. No. 37304-022106. A RESOLUTION memorializing the late Evelyn Bruce Snead, mother of former Assistant City Manager Chip Snead. WHEREAS, the members of Council learned with sorrow of the passing of Mrs. Snead on Friday, January 20, 2006; WHEREAS, Mrs. Snead was born on May 23, 1911, in Sewell, West Virginia, the daughter of the late Elliot Tazewell and Katherine St. Clair Nichols Bruce; WHEREAS, Mrs. Snead was a 1927 graduate of Clifton Forge High School and a 1931 graduate of the College of William and Mary; WHEREAS, Mrs. Snead was a longtime business woman, and was the owner and president ofE.A. Snead Furniture Company, Inc.; WHEREAS, Mrs. Snead was a dedicated member of the Clifton Forge Presbyterian Church and an active citizen and civic leader in Clifton Forge; WHEREAS, Mrs. Snead was an avid sportswoman who loved the outdoors and enjoyed swimming, field hockey, horseback riding, and especially her dogs, birds, and flowers; and WHEREAS, Mrs. Snead was a Scotswoman that loved her Scottish heritage, which is traced in a direct line back to Robert the Bruce and will be remembered and loved by so many. 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 Evelyn Bruce Snead, and extends to her family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mrs. Snead's sons, George Carpenter "Chip" Snead, Jr., of New Castle, Virginia, and Edwin Archer "Ned" Snead II, of Ashland, Virginia. ATTEST: City Clerk 1 REGULAR WEEKLY SESSION----ROANOKE CITY COUNCIL January 3,2006 9:00 a.m. The Council of the City of Roanoke met in regular session on Tuesday, January 3, 2006, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Council Member M. Rupert Cutler presiding, pursuant to Chapter 2, Administration, Article Il, 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. 37109-070505 adopted by the Council on Tuesday, July 5, 2005. PRESENT: Council Member M. Rupert Cutler ............................................... 1. ABSENT: Council Members BrendaL. McDanieI, Brianj. Wishneff, AifredT. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, and Mayor C. Nelson Harris ................................................................................................................. 6. COUNCIL: Due to the lack of a quorum, Council Member Cutler advised that the Council meeting would stand in recess until 2:00 p.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia. At 2:00 p.m., on Tuesday, January 3, 2006, the Council meeting reconvened in the City Council Chamber, Room 450, 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, BrianJ. Wishneff, M. Rupert Cutler, Alfred T. Dowe,Jr., BeverlyT. Fitzpatrick,Jr., Sherman P. Lea, and Mayor C. Nelson Harris ................................................................................................. 7. ABSENT: None ........................................................................................... 0. The Mayor declared the existence of a quorum. 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 Alfred T. Dowe, Jr. The Pledge of Allegiance to the Flag of the United States of Americawas led by Mayor Harris. 2 PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 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 two requests .for Closed Session. COMMITTEES-HOUSING/AUTHORITY: 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 an applicant for a vacancy on the Roanoke Redevelopment and Housing Authority, pursuant to Section 2.2-371 l(A)(1), Code of Virginia (1950), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council convene in Closed Session as abovedescribed. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ................................................................................................. 7. NAYS: None ............................................................................................... O. CITY ATTORNEY-CITY COUNCIL: A communication from the City Attorney requesting that Council convene in aClosed Meeting to consult with legal counsel on a specific legal matter requiring the provision of legal counsel, pursuant to Section 2.2-3711(A)(7), Code of Virginia(1950), as amended, was before the body. Vice-Mayor Fitzpatrick moved that Council convene in Closed Session as abovedescribed. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ................................................................................................. 7. NAYS: None ............................................................................................... 0. BUDGET: A communication from the City Manager recommending that Council adopt the following Calendar of Events for Budget Preparation Activities for fiscal year 2006-2007, was before the body. April 10-14, 2006 City Manager briefs City Council on recommended budget. 3 April 14, 2006 Recommended budget document delivered to City Council Members. April17,2006 Recommended budget presented to City Council at regularly scheduled meeting; meeting continued to April 27. 'April]8,2006 Advertisements of public hearings on recommended budget and tax rates appear in newspapers. Note: State Code requires the advertisement of the real property tax rate for the fiscal year. April 27, 2006 Public hearings on recommended budget and tax rates at 7:00 p.m. May 4, and 5, 2006 Budget Study (continuation meeting). 8:30 a.m. - 5:00 p.m. of May 1 City Council May1],2006 City Council adopts General Fund, School Fund, Proprietary Fund budgets and an Update to the HUD Consolidated Plan and approves an annual appropriation ordinance at 2:00 p.m. Vice-Mayor Fitzpatrick moved that Council concur in the recommendation of the City Manager. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ................................................................................................. 7. NAYS: None ................................. ~ ............................................................. O. REGULAR AGENDA PUBLIC HEARINGS: CITY MARKET-CITY PROPERTY-LEASES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, January 3, 2006, at 2:00 p.m., or as soon thereafter as the matter may be heard, on a proposal to lease City-owned property located at 32 Market Square, S. W., to Elias Azar, d/b/aAzarJewelry, Inc., for use as office space for a term of three years, the matter was before the body. 4 Legal advertisement of the public hearing was published in The Roanoke Times on Monday, December 26, 2005. The City Manager submitted a communication advising that the City of Roanoke owns the City Market Building, located at 32 Market Square and began management of the building on May 1, 2005, after the former management company, Advantis Real Estate, terminated the management contract. It was further advised that Elias Azar, owner and operator of Azar Jewelry, Inc., has requested a lease agreement for approximately 418 square feet to sell and/or repair jewelry; the proposed lease agreement is for a period of three years, beginning January 3, 2006 through January 2, 2009; the proposed agreement establishes a base rent rate of $23.50 per square foot, with an increase of three per cent each year thereafter, and a common area maintenance fee of $125.00 per month that will increase by three per cent upon each anniversary of the lease; in addition to base rent and common area maintenance, the tenant will also pay $72.00 per month for 34 months, totaling $2,448.00, for reimbursement of costs incurred by the City associated with framing two open doorways, installation of hot and cold water supply and waste line and a sink provided by the tenant with two ground fault outlets, and removal of existing carpet; and the lease contains no renewal provision. The City Manager recommended that she be authorized to execute a lease agreement with Elias Azar d/b/a Azar Jewelry, Inc., for approximately 418 square feet of space in the City Market Building, for a period of three years, beginning January 3, 2006 and ending January 2, 2009, subject to approval as to form bythe City Attorney. Council Member Cutler offered the following ordinance: (#37278-010306) AN ORDINANCE authorizing the lease of approximately 418 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three (3) years beginning January 3, 2006 and expiring January 2, 2009, with a base rent rate of $23.50 per square foot, authorizing the appropriate City officials to execute a Lease Agreement therefor; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 70, Page 123.) Council Member Cutler moved the adoption of Ordinance No. 37278- 010306. The motion was seconded by Council Member McDaniel. The Mayor inquired if there were persons present who would like to be heard in connection with the proposed lease agreement. There being none, he declared the public hearing closed. 5 There being no questions or comments by Council Members, Ordinance No. 37278-010306 was adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ................................................................................................. 7. NAYS: None ............................................................................................... O. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-FIRE DEPARTMENT-GRANTS: The City Manager submitted a communication advising that the Fire Programs Fund was established by the General Assembly, effective October 4, 1985, pursuant to Section 38.1-44.1,Code of Virginia, 1950, as amended; and the sunset clause requiring expiration of the Fund on July ], 1990 was removed, thus, the City's annual allocation of State funds will continue indefinitely. It was further advised that program guidelines require that funds received are non-supplanting and may not be used to replace existing local funding; funds must be used in accordance with provisions established by the State Department of Fire Programs; and the City of Roanoke's allocation of $215,029.00 was deposited in Account No. 035-520-3335-3365 from the Department of Fire Programs. It was explained that the City's portion of the Roanoke Regional Fire-EMS Training Center debt service is $60,000.00, which was paid annually from the revenue source; remaining grant funds will be used to purchase replacement turnout gear as needed, small supplies such as tools and helmets and other personal protective equipment; and in accordance with provisions of the program, action by Council is needed to formally accept and appropriate funds to authorize the Director of Finance to establish revenue estimates and to appropriate accounts in the Grant Fund. The City Manager recommended that she be authorized to accept the grant and to accept and file any documents setting forth conditions of the Fiscal Year 2006 Fire Programs Funds Grant, and to provide such additional information as may be required. She further recommended that Council adopt an ordinance 6 establishing a revenue estimate for Fire Program Fiscal Year 2006 - State Account No. 035-520-3335-3365, and appropriate funds in the amount of$215,029.00 in various expenditure accounts to be established by the Director of Finance in the Grant Fund. Vice-Mayor Fitzpatrick offered the following budget ordinance: ,'(#37279-010306) AN ORDINANCE appropriating funding for the Fire Program Grant, amending and reordaining certain sections of the 2005-2006 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 70, Page 124.) Vice-Mayor Fitzpatrick moved the adoption of Ordinance No. 37279-010306. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ................................................................................................. 7. NAYS: None ............................................................................................... O. Vice-Mayor Fitzpatrick offered the following resolution: (#37280-010306)A RESOLUTION authorizing the acceptance of the FY2006 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs and authorizing the execution and filing by the City Manager of any documents required by the grant. (For full text of resolution, see Resolution Book No. 70, Page 125.) Vice-Mayor Fitzpatrick moved the adoption of Resolution No. 37280- 010306. The motion was seconded by Council Member McDaniel and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ................................................................................................. 7. NAYS: None ............................................................................................... 0. GRANTS-HUMAN DEVELOPMENT: The City Manager submitted a communication advising that on October 17, 2005, Council adopted criteria for funding non-profit organizations; criterion on board member participation was not worded as agreed upon by the Funder's Circle and the Carillon Foundation; and board member participation will be changed from each board member has an annual average attendance rate of at least 75 per cent to an annual average board meeting attendance of 75 per cent in the aggregate. 7 It was further advised that as a result of conversations with representatives from the Arts Council of the Blue Ridge, Council of Community Services, Human Services Advisory Board, and the Roanoke Arts Commission, additional revisions are recommended which include changing the term "criteria" to "guidelines" in order to note specific requirements that agencies are expected to adhere to when applying for funding; while non-adherence to guidelines will not necessarily prohibit an agency from receiving funds, adherence will be used as one of the key factors in determining the award of funding; a threshold minimum request of $25,000.00 will be used for application of the guidelines; any agency requesting $25,000.00 or more will be expected to adhere to the guidelines; and the $25,000.00 threshold will be applied at the agency level, so that individual program applications will be aggregated. It was explained that the "semi-annual" reporting of results will be changed to "periodic" reporting of results in order to provide flexibility to report results on a more frequent basis if needed; and corrected wording which is proposed for adoption by Council is as follows: The following guidelines apply to agencies that request $25,000.00 or more: Organizations must develop a business plan that includes evidence of community involvement and outlines long-term plans for financial sustainability. Boards of organizations must demonstrate engagement with their organization by certifying financial commitment at 100 per cent and annual average meeting attendance at 75 per cent. Organizations must agree to an annual site visit and periodic reporting of results achieved through funds rec.eived. Organizations in existence for two years or more with an annual budget of $50,000.00 must perform an annual audit. It was noted that the City of Roanoke will be joined by Carillon Foundation and the Funders Circle in this approach; other private foundations are also considering the criteria in their funding process; and all past recipients of City funds will be informed of the new requirements upon adoption of guidelines for funding non-profit organizations. The City Manager recommended that Council adopt guidelines, as amended. Council Member Cutler offered the following resolution: 8 (#37281-010306) A RESOLUTION adopting a revised policy pertaining to funding for non-profit organizations that request $25,000.00 or more in future budget cycles, and repealing Resolution No. 37215-101705 adopted on October 17, 2005. (For full text of resolution, see Resolution Book No. 70, Page 126.) . Council Member Cutler moved the adoption of Resolution No. 37281- 010306. The motion was seconded by Vice-Mayor Fitzpatrick. Pam Kestner-Chappelear, President, Council of Community Services, representing a group of local non-profit organizations that are concerned about the criteria for funding non-profit organizations as adopted by Council on Monday, October 17, 2005, advised that changes recommended by the City Manager will be helpful; changing the term "criteria" to "guidelines" will reflect the intention that adherence to the guidelines is expected, but non-adherence to the guidelines will not necessarily prohibit an agency from receiving funds; and the revisions will also encourage non-profit organizations to work toward adhering to the guidelines. She stated that creation of a threshold minimum request of $25,000.00 to be used for application guidelines will help smaller non-profit organizations because some may not have available resources to meet guidelines. She added that at this point, the impact of the guidelines is unknown and with experience, it is hoped that there will be an opportunity for refinement. She spoke in support of the appointment of a task force to oversee the guidelines and their impact on non- profit organizations and the services that they provide to ensure support by all organizations, which will result in funding guidelines that will strengthen non- profit organizations and will focus on the impact of taxpayers' dollars on the lives of Roanoke's citizens. If a task force is not appointed, she advised that the n°n- profit community respectfully requests that as the City engages in future actions related to funding and/or management of non-profits, that input be sought from representatives of the non-profit community prior to implementation of any policies or guidelines. Council Member Cutler stated that serious consideration should be given to Ms. Kestner-Chappelear's suggestion to create a task force to review future evolving criteria. He spoke in support of adoption of the amended guidelines and called attention to the receipt of letters from approximately 20 non-profit organizations expressing concerns with regard to the original criteria. He stated that prior to submitting the guidelines to Council for adoption, criteria should have been drafted with input from the affected non-profit organizations and representatives of Council appointed committees that dispense City grants to non- profit organizations, both to receive suggestions regarding content and as a sign of respect for non-profit organizations. He advised that the needs of the citizens of Roanoke are met by three groups: the business community that provides jobs and pays taxes; the government that provides public safety, education and other aspects of public welfare; and by the charitable, non-profit community that largely, 9 through the work of volunteers, addresses the well-being of those who need help and those who desire such amenities as museums, music, historic preservation, and other activities that neither the business community nor government can provide inasmuch as they are not appropriate uses of taxpayers' money. He referred to the local grant application criteria adopted by the United Way of Roanoke Valley and mentioned that the City might, over time, seek to combine its criteria with United Way criteria to keep the paperwork burdens of non-profit organizations at a minimum. He advised that the City has good reason to require groups requesting funds to demonstrate that they have the capacity to handle the funds in a responsible manner; the City also owes charitable organizations a note of appreciation for their assistance to the community and the organizations should be treated not as supplicants, but as partners in the care of residents of the City of Roanoke. Without objection by Council, the Mayor advised that the suggestion of Ms. Kestner-Chappelear with regard to appointment of a task force to oversee guidelines would be referred to the City Manager for report to Council. There being no further discussion, Resolution No. 37281-010306 was adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ................................................................................................. 7. NAYS: None ............................................................................................... O. DIRECTOR OF FINANCE: AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the month of November 2005. (For full text, see Financial Report on file in the City Clerk's Office.) There being no discussion and without objection by Council, the Mayor advised that the Financial Report for the month of November 2005 would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10 MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS.OF COUNCIL: YOUTH-SNOW REMOVAL-ROANOKE NEIGHBORHOOD PARTNERSHIP: Council Member Lea referred to inquiries from senior citizens who state that they are physically unable to remove ice and snow from the sidewalk in front of their residence and inquired if the City can be of assistance. The City Manager advised that pursuant to a City ordinance, individuals who have sidewalks in front of their properties are responsible for the removal of snow from the sidewalks by a certain time following the sn(~w activity and there is no provision for exemption; however, the City's Office on Youth has compiled a list of young people who serve as volunteers, or for minimum compensation, will clean City sidewalks. She advised, that the response by citizens this year to clearing sidewalks has not been good, therefore, following the most recent snow event, Public Works employees and Police Officers were instructed to remind citizens of the City's ordinance requiring the removal of snow which is a critical element as to when children will return to school, inasmuch as this is one of the measures used by the school system in determining whether or not schools will be open. She called attention to problems associated with vacant properties or absentee landlords, and advised that on occasion, if the problem exists for an extended period of time, the City will remove snow and bill the property owner in much the same way as the City bills for trash and debris removal. She also suggested that Robert Clement, Neighborhood Coordinator, be contacted with regard to assistance by neighborhood organizations. SCHOOLS: Council Member Cutler advised that the new Patrick Henry High School was officially opened on Monday, January 2, 2006. The Mayor advised that a community open house will be held on Sunday, January 8, 2006, from 2:00 to 5:00 p.m., at the new Patrick Henry High School. 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. BONDS/BOND ISSUES: Mr. Allen Scanlan, 1631 Center Hill Drive, S. W., raised the following hypothetical scenarios: assuming that all projects included in bond issue Series 2002A had been completed, with the exception of the Crystal Spring Water Filtration Plant for about $5.4 million; assuming that the drought is over and water reservoir levels are full, and the Council decided to purchase atract of land and to construct a roller skating arena with a majority of the funds that were previously specified for the Water Filtration Plant. He stated that agoverning body has broad control over the use of General Obligation Bond funds, but questioned if such an extreme variation as above referenced, would raise concerns by those bond holders who invested in the bonds with a specific indication as to the use of the proceeds. He also questioned if taxpayers would support sucha variation, even if it were proven to be legal. He advised that having served as a former registered representative with the National Association of Security Dealers, with an affiliated registration as a broker dealer, he would not want to encounter such questions from an institutional or a private client without knowing that such actions are appropriate, and asked that Council give consideration to calling for an investigation of the appropriateness of the use of bond funds for Roanoke's high school stadium construction. He noted that detailed requests have been submitted to the appropriate departments of the Securities and Exchange Commission and to the Municipal Securities Rule Making Board, including material from the bond prospectus, resolutions adopted by Council authorizing issuance and sale of the bonds, and minutes of City Council meetings in which the matter was referred to as a stadium/amphitheater. He pointed out that there is no connection in the Council minutes and resolutions regarding the pending use of funds for construction of high school stadia. He referred to a Council/School Board workshop that was held on January 22, 2002, in which such topics as teamwork, leadership, understanding the qualityofeducation, definition of quality education, understanding the desires and needs of the children, the definition of the best education in Roanoke and listening tothe communitywere discussed. He suggested that the minutes of the meeting be reviewed by Council, inasmuch as only one member of both the City Council and the School Board are currently in office and in light of recent happenings. Mr. Scanlan's remarks were referred to the City Manager and Director of Finance for report to Council. CITY MARKET-CITY PROPERTY-LEASES: Ms. Anita Wilson, a City Market building tenant, advised that she has operated her business for three years without a formal lease agreement with the City. She stated that earlier in the meeting, Council approved a three year lease agreement with Elias Azar, d/b/a Azar Jewelry, Inc., for the lease of space in the City Market building and advised that other tenants in the Market building also deserve a formal lease agreement with the City. She added that Market building tenants would like for vacant space in the City Market building to be rented in order to generate more income for the building; and she would like to make needed improvements to her business and/or to combine businesses, but references have been made with regard to disenfranchising tenants in connection with the comprehensive market study. She stated that the City Market building has lasted beyond its initial expectation, for 25 years the same furniture has been used and manyofthe same tenants continue to operate a business out of the Market building. She advised that if the City will work with Market building tenants and if tenants will work with the Market consultant, many good things can be accomplished in the City Market Building and in the downtown area in general. ]2 The City Manager advised that earlier in the meeting, the first City Market Building lease was approved by Council, and will be immediately followed by Economic Development staff attempting to negotiate leases with those Market building businesses that are operating with expired leases, which will include Ms. Wilson's business. She pointed out that until City staff took over operation of the Market building, the City was not involved in lease development; Economic Development staff devoted considerable time to developing a lease; the exclusivity clause, which created much anxiety for some businesses, was brought to Council for review; and past due accounts by certain tenants are 'now in compliance. She explained that inasmuch as Council has acted favorably on the first lease, City staff is in a position to move forward with discussions leading to individual leases. CITY MANAGER COMMENTS: ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: The City Manager advised that she hoped the Members of Council had a happy holiday season and she looked forward to working with the Council in the year 2006. At 2:40 p.m., the Mayor declared the Council meeting in recess for two Closed Sessions in the Council's Conference Room. At 3:50 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, Council Member McDaniel 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 Council Member Dowe and adopted by the following vote: AYES: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea, and Mayor Harris ................................................................................................. 7. NAYS: None ................................. ~ ............................................................. O. OATHS OF OFFiCE.COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that there is a vacancy on the Roanoke Redevelopment and Housing Authority created by the resignation of Mornique E. Smith, for a term ending August 31, 2008; whereupon, he opened the floor for nominations to fill the vacancy. Council Member Cutler placed in nomination the name of Joseph W. Lee, III. 13 There being no further nominations, Mr. Lee was appointed as a Commissioner of the Roanoke Redevelopment and Housing Authority, to fill the unexpired term of Mornique E. Smith, ending August 31, 2008, by the following vote: FOR MR. LEE: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzp.atrick, Lea and Mayor Harris ........................................................................ 7. COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP-OATHS OF OFFICE: The Mayor advised that there is a vacancy on the Roanoke Neighborhood Advocates to fill the unexpired term of Earnest C. Wilson ending June 30, 2007, and called for nominations to fill the vacancy. Council Member Cutler placed in nomination the name of CaroIJ.Jenson. There being no further nominations, Ms. Jensen was appointed as a member of the Roanoke Neighborhood Advocates, to fill the unexpired term of Earnest C. Wilson, ending June 30, 2007, by the following vote: FOR MS. JENSEN: Council Members McDaniel, Wishneff, Cutler, Dowe, Fitzpatrick, Lea and Mayor Harris ........................................................................ 7. There being no further business, the Mayor declared the Council meeting adjourned at 3:55 p.m. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor SPECIAL MEETING ...... ROANOKE CITY COUNCIL January ] 7, 2006 12:00 p.m. A special meeting of the Council of the City of Roanoke, acting as the Personnel Committee, was called to order on Tuesday, January 1 7, 2006, at 12:00 p.m., in the City Council's Conference Room, Room 451, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, pursuant to Section 10, Meetings of Council Generally, of the Charter of the City of Roanoke, with Mayor C. Nelson Harris presiding. PRESENT: Council Members AIfredT. Dowe, Jr., BeverlyT. Fitzpatrick, Jr., Brenda L. McDaniel and Mayor C. Nelson Harris .................................................... 4. ABSENT: Council Members BrianJ. Wishneff, Sherman P. Lea and M. Rupert Cutler ................................................................................................................. 3. The Mayor declared the existence of a quorum. COUNCIL: The Mayor advised that the special meeting of Councilwas called pursuant to the following communication: "January 10, 2006 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Fitzpatrick and Members of Council: Pursuant to Section 10, Meetings of Council Generally, of the Charterofthe City of Roanoke, I am calling a special meeting of the Council on Tuesday, January 17, 2006, at 12:00 p.m., in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building. The purpose of the meeting will be to convene in Closed Session as the Personnel Committee to discuss the mid-year performance of three Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. With kindest regards. Sincerely, s/C. Nelson Harris C. Nelson Harris Mayor" 15 Council Member McDaniel moved that Council convene in Closed Session as the Personnel Committee to discuss the mid-year performance of three Council- Appointed Officers, pursuant to Section 2.2-37] 1(A)(1), Code of Virginia(J950), as amended. The motion was seconded by Vice-Mayor Fitzpatrick and adopted by the following vote: , AYES: Council Members Dowe, Fitzpatrick, McDanieland Mayor Harris ....... 4. NAYS: None .......................................................... : ................................... 0. (Council Members Wishneff, Cutler and Lea were absent.) At 12:05 p.m., the Mayor declared the Council meeting in recess for one Closed Session. At 1:45 p.m., the Council meeting reconvened in the Council's Conference Room, with all Members of the Council in attendance, with the exception of Council Members Wishneff, Cutler and Dowe, Mayor Harris presiding. COUNCIL: With respect to the Closed Session just concluded, Council Member McDaniel moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business mattes 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 Vice-Mayor Fitzpatrick and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, McDaniel and Mayor Harris ....... 4. NAYS: None ................................................................ ; ............................. 0. (Council Members Wishneff, Cutler and Lea were absent.) There being no further business, the Mayor declared the special meeting adjourned at 1:47 p.m. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Mayor February 13, 2006 City of Roanoke Office of the Mayor 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Dear Mayor Harris, After serious reflection, I feel that it is necessary for me to resign from the Roanoke Neighborhood Advocates for personal reasons. This resignation is effective immediately. Thank you for your understanding. Sincerely, Carol Jensen Robert A. Clement, Jr., Neighborhood Serv/ces Coordinator, Housing and Neighborhood Services Stephanie M. Moon, CMC, Deputy City Clerk Sandra Kelly, Chair, Roanoke Neighborhood Advocates C.J. Jensen 8 N. Jefferson St.#504 Roanoke, VA 24016 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 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk February 24, 2006 File #15-110-314 S. James Sikkema Executive Director Blue Ridge Behavioral Healthcare 301 Elm Avenue, S. W. Roanoke, Virginia 24016-4001 Dear Mr. Sikkema: This is to advise you that Robert Williams, Jr., has qualified as a member of the Blue Ridge Behavioral Healthcare Board of Directors, for a term ending December 31, 2008. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Robert Williams, Jr., 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 Blue Ridge Behavioral Healthcare Board of Directors, for a term ending December 31,2008, according to the best of my ability (So help me God). Subscribed and sworn to before me this/':~day of ~ 2006. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY ~- ,~' ¢~~"~ ~UTY CLERK L:\CLER K\DATA\CKJ S 1 \Qualifi cadons~R obtWilliams.oat h,doc 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 City Web: www.roanokeva.gov February 21, 2006 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Harris and Council Members: This is to request that City Council convene a closed meeting to discuss the 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 § 2.2-371 I.A.3, Code of Virginia (1950), as amended. Sincerely, / Darlene L. Durham City Manager DLB:f C: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk February 24, 2006 Sheila N. Hartman Assistant City Clerk File #60-103-214 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37305-022106, appropriating $29,964.00 from the Commonwealth of Virginia through the Technology Trust Fund for improvement of operations in the Office of Circuit Court Clerk, and amending and reordaining certain sections of the 2005-2006 Grant Fund. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 21, 2006, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attachment pc: The Honorable Brenda L. Hamilton, Clerk of Circuit Court Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 21 06 correspondence,doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of February, 2006. No. 37305-022106. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia through the Technology Trust Fund for the improvement of operations in the Office of Circuit Court Clerk, amending and reordaining certain sections of the 2005-2006 Grant 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 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Maintenance Contracts 035-120-5150-2005 $ 29,964 Revenues Comp Board Tech Trust Fund FY06 035-120-5150-5150 29,964 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 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 City Web: www.roanokeva.gov February 21, 2006 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: Acceptance Of Technology Trust Funds CO06-0002 I concurwith the recommendation from BrendaS. Hamilton, ClerkofCircuit Court, for the City of Roanoke, with respect to the subject reference above and recommend that City Council adopt accept funding from the Compensation Board Technology Trust Fund in the amount of $29,964. Also adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $29,964 and appropriate funding in the same amount to an expenditure account to be established by the Director of Finance in the Grant Fund. Sincerely, City Manager DLB:sm C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance TWENTY-THIRD JUDICIAL CIRCUIT OF VIRGINIA Criminal: (540) 853-6723 Civil: (540) 853-6702 CLERK OF CIRCUi i, 0004 BRENDA S. HAMILTON CLERK Febmmy 21, 2006 CIRCUIT COURT OF THE CITY OF ROANOKE 315 Church Avenue, S.W. RO. Box 2610 Roanoke, Virginia 24010 Honorable C. Nelson Hams, 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 Hams and Members of City Council: Subject: ACCEPTANCE OF TECHNOLOGY TRUST FUNDS Background: The Clerk of Circuit Court is responsible by statute, for the recordation of legal instruments. These instruments include: Land records, Mamage Licenses, Financing Statements, Assumed Names, Wills and other Probate Records, and Law, Chancery and Criminal Orders. There Records must be maintained and be available to the Public. The Compensation Board through the Technology Trust Fund bas made available funds to be allocated toward contractual obligations for those offices Chat have indicated funds were needed. The Circuit Court Clerk's Office, for the City of Roanoke has been allocated for reimbursement in the amount of $29,964, for charges by the Supreme Court of Virginia. These charges were for equipment upgrades and maintenance fees. Considerations: The acceptance of these funds is vital to the Circuit Court Clerk's Office meeting the year-end budget obligations. Recommended Action: Accept funding from the Compensation Board Technology Trust Fund in the amount of $29,964. Honarable Mayor and Members of City Council February 21, 2006 Page 2 Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $29,964 and appropriate funding in the same amount to an expenditure account to be established by the Director of Finance in the Grant Fund. Respectfully submitted, Clerk of Circuit Court BSH:csf Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance C006-0002 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk February 24, 2006 Sheila N. Hartman Assistant City Clerk File #60-72 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37306-022106 appropriating $12,100.00 from the Commonwealth of Virginia for the Workforce Investment Act Grant Capacity Building Activity FY06, and amending and reordaining certain sections of the 2005-2006 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 21,2006, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC ' Deputy City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane R. Conlin, Director of Human/Social Services L:\CLERKSDATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 21 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of February, 2006. No. 37306-022106. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act Grant Capacity Building Activity FY06, amending and reordaining certain sections of the 2005-2006 Grant 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 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations WIA Capacity Building - Professional Services WIA Capacity Building - Meeting Room Rent WIA Capacity Building ~ Wages WIA Capacity Building - Supplies Revenues WIA Capacity Building Grant FY06 035-633-2327-2010 035-633-2327-3075 035-633-2327-8050 035-633-2327-8055 035-633-2327-2327 8,000 85O 3,000 250 12,100 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 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 City Web: www.roanokeva.gov February 21, 2006 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: Funding for Western Virginia Workforce Development Board Work- Force Investment Act (WlA) Capacity Building Activities Background: The City of Roanoke is the grant recipient for Workforce Investment Act (WlA) funding; thus, City Council must appropriate the funding for all grants and other monies received in order for the Western Virginia Workforce Development Board to administer WlA programs. The Western Virginia Workforce Development Board administers the federally funded Workforce Investment Act (WlA) for Area 3, which encompasses the counties ofAIleghany, Botetourt, Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem. The Western Virginia Workforce Development Board has received a Memorandum Of Understanding (MOU), from the Virginia Employment Commission, allocating WlA funds, from the Governor's Statewide Discretionary Funds, to be used for the following activities: Reassessment of the workforce board and one-stop operating system structure, policies and procedures with the intent to improve workforce board efficiency, in collaboration with economic development and overall customer service, and add business services. Activities identified as necessary to implement findings that result from the above reassessment. Honorable Mayor and Members of City Council February 21, 2006 Page 2 The MOU received, from the Virginia Employment Commission, allocates $12,!00, for capacity building activities, to the Western Virginia Workforce Development Board, to be used for costs incurred from October l, 2004 through June 30, 2006. Funds are available, from the Virginia Employment Commission, with no additional cost to the City. Recommendations: Accept the Western Virginia Workforce Development Board Workforce Investment Act Capacity Building funding of $12,100. Adopt the accompanying budget ordinance to establish revenue estimates and appropriate funding in accounts to be established by the Director of Finance in the Grant Fund. C: Darlene L. Bu~am City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget Rolanda B. Russell, Assistant City Manager for Community Development Jane R. Conlin, Director of Human/Social Service CM06-00024 Account numbers for WDB Capacity Building Grant: Wages Fees For Professional Services Meeting Room Rental Supplies 035-633-2327-8050 $3,000.00 035-633~2327-2010 $8,000.00 035-633-2327-3075 $850.00 035-633-2327-8055 $250.00 Total $12,100.00 CITY OF R O_/4NOKE Office of the C,ty Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk February 24, 2006 Sheila N. Hartman Assistant City Clerk File #60-72 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37307-022106 appropriating $ ! 15,0:[0.00 from the Commonwealth of Virginia for the Virginia Institute for Social Service Training Activities, and amending and reordaining certain sections of the 2005-2006 General Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 21, 2006, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget Jane R. Conlin, Director of Human/Social Services Meredith Burger, Supervisor, VlSSTA Piedmont Area Training Center L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 21 06 correspondence,doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of February, 2006. No. 37307-022106. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Virginia Institute for Social Service Training Activities (VISSTA) , amending and reordaining certain sections of the 2005-2006 General 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 2005-2006 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages ICMA Match Disability Insurance Professional Services Telephone Administrative Supplies Expendable Equipment Program Activities Other Rental Fleet Pads/Sublet Billings Revenues VISSTA 001-630-5318-1003 $ 2,000 001-630-5318-1116 500 001-630-5318-1131 50 001-630-5318-2010 10,000 001-630-5318-2020 2,500 001-630-5318-2030 6,500 001-630-5318-2035 10,000 001-630-5318-2066 43,160 001-630-5318-3075 40,000 001-630-5318-7026 300 001-110-1234-0671 115,010 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. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk February 24, 2006 Sheila N. Hartman Assistant City Clerk File #60-72 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37308-022106 authorizing acceptance of a subaward, in the amount of $258,505.00, from Virginia Commonwealth University for local supervision and operation of the Virginia Institute for Social Service Training Activities Piedmont Area Training Center, upon certain terms and conditions, as more fully set forth in a letter from the City Manager addressed to the Council under date of February 21, 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 21, 2006, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attach merit L:\CLERKSDATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06~Feb 21 06 correspondence,doc Darlene L. Burcham February 24, 2006 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 Jane R. Conlin, Director of Human/Social Services Meredith Burger, Supervisor, VlSSTA Piedmont Area Training Center L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 21 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 2006. No. 37308-022106. A RESOLUTION authorizing the acceptance ora subaward in the amount of $258,505 from Virginia Commonwealth University and authorizing the City Manager to execute a subaward agreement with Virginia Commonwealth University for such funds for local supervision and operation of the Virginia Institute for Social Service Training Activities ("VISSTA') Piedmont Area Training Center, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The subaward from Virginia Commonwealth University for local supervision and operation of the VISSTA Piedmont Area Training Center, in the amount of $258,505, as set forth in the City Manager's letter, dated February 21, 2006, to this Council is hereby ACCEPTED. 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these grant funds, and to furnish such additional information as may be required in connection with the City's acceptance of these subgrant funds. All documents shall be approved as to form by the City Attorney. ATTEST: 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-~ 138 City Web: www.roanokeva.gov February 21, 2006 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: Virginia Commonwealth University, VlSSTA Subaward Agreement Background: The Virginia Department of Social Services grants funds to Virginia Commonwealth University (VCU) for the operation of five Virginia Institute for Social Service Training Activities (VISSTA) Area Training Centers throughout the Commonwealth. The City of Roanoke Department of Social Services has received an annual subaward for the local supervision and operation of the Piedmont Area Training Center since 1998; however, in the current fiscal year the subaward has been issued twice, once for the first half of the fiscal year, and then a modified version to cover the second half of the fiscal year. Considerations: City Council previously authorized the City Manager to execute the subaward agreement that included a budget of $258,505 for the first six months of the 2006 fiscal year program. The adopted City budget for the entire fiscal year was $373,357. A new subaward for the second half of the fiscal year has been issued for an additional amount of $258,505. The total subaward amount for the entire fiscal year is $51 7,010. This subaward is issued on a cost reimbursable basis. The current revenue estimate is $402,000. An increase in revenue estimate of $115,010 is needed. Honorable Mayor and Members of City Council February 21,2006 Page 2 The VISSTA program provides valuable training classes for local Department of Social Services staff, including social workers, eligibility workers, their supervisors and administrative staff. They also provide training for local Department of Social Services approved or state licensed child care providers. These training events enhance the knowledge and skills of these staff and child care providers, so that vulnerable children, adults and families can be assisted effectively in obtaining an appropriate level of safety and self-sufficiency. Recommended Action: Authorize the City Manager or her designee to accept the $258,505 subaward from VCU, and to execute the subaward Agreement Modification One for the period of January 1,2006, to July 31,2006. Adopt the accompanying budget ordinance to increase the revenue estimate for VISSTA (001 -110-1234-0671) by the amount of $115,010. Authorize the Director of Finance to appropriate funding to the following accounts: 001-630-5318-1003 001-630-5318-1116 001-630-5318-1131 001-630-5318-2010 001-630-5318-2020 001-630-5318-2030 001-630-5318-2035 001-630-5318-2066 001-630-5318-3075 001-630-5318-7026 (Overtime Wages) $2,000 (ICMA Match) 500 (Disability Insurance) 50 (Fees for Professional Services) 10,000 (Telephone) 2,500 (Administrative Supplies 6,500 (Expendable Equipment) 10,000 (Program Activities) 43,160 (Other Rental) 40,000 (Fleet Parts/Sublet Billings) 300 $115,010 Respectfully submitted, DLB:tem City Manager C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget Rolanda B. Russell, Assistant City Manager for Community Development Jane R. Conlin, Director of Human/Social Services Meredith Burger, Supervisor, VlSSTA Piedmont Area Training Center #CM06-00025 CITY OF RO_.. 4NOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk February 24, 2006 Sheila N. Hartrnan Assistant City Clerk File #5-60-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37309-022:[06 appropriating $41,499.00 from the Commonwealth of Virginia for the Police Department Domestic Violence Program Grant, and amending and reordaining certain sections of the 2005-2006 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February21, 2006, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget A. L. Gaskins, Chief of Police L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 21 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of February, 2006. No. 37309-022106. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Police Department Domestic Violence Program Grant, amending and reordaining certain sections of the 2005-2006 Grant 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 2005-2006 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salary City Retirement FICA Medical Insurance Dental Insurance Life Insurance Revenues VSTOP Grant - Local- CY2006 VSTOP Grant - State - CY2006 035-640-3328-1002 $ 30,239 035-640-3328-1105 4,191 035-640-3328-1120 2,313 035-640-3328-1125 4,140 035-640-3328-1126 247 035-640-3328-1130 369 035-640-3328-3321 8,532 035-640-3328-3328 32,967 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. CIT.Y.. OF ROANOKE Off~ce of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk February 24, 2006 Sheila N. Hartman Assistant City Clerk File #5-60-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 373:[0-022:[06 accepting the Virginia Services, Training, Officers, Prosecution Violence Against Women grant to the City of Roanoke from the Virginia Department of Criminal Justice Services, in the amount of $32,967.00, upon all terms, provisions and conditions relating to the receipt of such funds, as more fully set forth in a letter from the City Manager addressed to the Council under date of February 2:[, 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 2:[, 2006, and is in full force and effect upon its passage. Sincerely, Deputy City Clerk SMM:ew Attachment 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 A. L. Gaskins, Chief of Police L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 21 06 cerrespondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of February, 2006. No. 37310-022106. A RESOLUTION accepting the Virginia Services, Training, Officers, Prosecution (VSTOP) Violence Against Women grant to the City fi.om the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Virginia Services, Training, Officers, Prosecution (VSTOP) Violence Against Women grant offered by the Virginia Departmem of Criminal Justice Services in the amount of $32,967 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires an $10,989 in-kind match by the City, is more particularly described in the letter of the City Manager to Council, dated February 21, 2006. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, that may be required for the City's acceptance of this grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this gram. ATTEST: ~-~O~d 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 City Web: www.roanokeva.gov February 21, 2006 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 member of Council: Subject: Police Department Domestic Violence Program Grant Background: The Virginia Department of Criminal Justice Services (DCJS) provides grant funding for programs and activities which increase the apprehension, prosecution and adjudication of persons committing violent crimes against women. The program, "Virginia Services, Training, Officers, Prosecution Violence Against Women" (V-STOP) has funded the establishment of a Domestic Violence Unit within the Police Department since 1999. The Domestic Violence Unit collects and interprets relevant domestic violence offense data which allows proactive case intervention and cultivation of the cooperative working relationships with clients and service/adjudication agencies. The program produces more equitable victim-offender criminal justice dispositions related to domestic violence offenses. On December 14, 2005, DCJS awarded the Police Department $32,967 to employ its full-time, non-sworn Domestic Violence Specialist thereby allowing continuance of the Domestic Violence Unit in calendar year 2006. The required City match of $10,989 will be met through a cash transfer of $8,532 and an in- kind donation of $2,457. The cash expenditure will be necessary to continue to fully fund the salary and benefits portion of the Domestic Violence Specialist Mayor Harris and Members of City Council February 21, 2006 Page 2 position. Funding for the local match is budgeted in Local Match Funding for grants (035-300-9700-5415). Recommended Action: Accept the V-STOP grant described above and authorize the City Manager to execute the grant agreement and any related documents, in such form as is approved by the City Attorney. Adopt the accompanying budget ordinance to establish revenue estimates for State grant funds of $32,967 and local cash funding of $8,532, to transfer funding in the amount of $8,532 from 035-300-9700-5415 to provide the local match funding, and to appropriate total funding of $41,499 in accounts to be established by the Director of Finance in the Grant Fund as follows: Appropriation: Description Account Amount Regular Employee Salaries 1002 Retirement 1 ~05 FICA 1 ] 20 Medical Insurance 1125 Dental Insurance 1126 Life Insurance 1130 $ 30,239 $ 4,191 $ 2,313 $ 4,140 $ 247 $ 369 SUB TOTAL $ 41,499 Cash Match from 035-300-9700-5415 to1002 TOTAL $ 41,499 Respectfully submitted, City Manager DLB:gws C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda Russell, Assistant City Manager A. L. Gaskins, Chief of Police CM06-00027 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 February 24, 2006 File #2-100-166 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37311-022106 authorizing the City Manager to execute Amendment No. 3 to the Agreement dated December 24, 2002, between the City of Roanoke and the YMCA of Roanoke Valley, Inc., to extend the date to February 28, 2006, by which the YMCA must transfer to the City of Roanoke a portion of the property on which the former YMCA facility is located, to address the future removal and disposal of piping and impacted soil from an underground storage tank, to address removal and disposal of a pedestrian walkway between the two buildings which constituted the former YMCA facility, to address survival of such provision and other provisions after closing, and to include other terms and conditions as more fully set forth in a letter from the City Manager addressed to the Council under date of February 21, 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 21, 2006, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attachment L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 21 06 correspondence.doc Darlene L. Burcham February 24, 2006 Page 2 pc: Phillip D. Short, President, Board of Directors, YMCA of Roanoke Valley, Inc., P. O. Box 2130, Roanoke, Virginia 24016 William M. Hackworth, City Attorney Rolanda B. Russell, Assistant City Manager for Community Development R. Brian Townsend, Director, Planning, Building and Economic Development L:\CLERK\DATA\CKEW1LAGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 21 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 2006. No. 37311-022106. AN ORDINANCE authorizing the City Manager to execute Amendment No. 3 to the Agreement dated December 24, 2002, between the City of Roanoke and the YMCA of Roanoke Valley, Inc. ("YMCA"), to extend the date to February 28, 2006, by which the YMCA must transfer to the City of Roanoke a portion of the property on which the former YMCA facility is located, to address the future removal and disposal of piping and impacted soil from an underground storage tank, to address the removal and disposal of a pedestrian walkway between two buildings which constituted the former YMCA facility, to address survival of such provisions and other provisions after closing, and to include other terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, Amendment No. 3 to the Agreement dated December 24, 2002, between the City of Roanoke and the YMCA, to extend the date to February 28, 2006, by which the YMCA must transfer to the City of Roanoke a portion of the property on which the former YMCA facility is located, to address the future removal and disposal of piping and impacted soil from an underground storage tank, to address the removal and disposal of a pedestrian walkway between two buildings which constituted the former YMCA facility, to address survival of such provisions and other provisions after closing, and to include other terms and conditions, and as more particularly described in the City Manager, s letter dated February 21,2006, to this Council, and the copy of Amendment No. 3 attached thereto. 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 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 City Web: www.roanokeva.gov February 21,2006 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: Amendment No. 3 to the Agreement between the City of Roanoke and the YMCA of the Roanoke Valley, Inc. Background: On December 24, 2002, the City of Roanoke entered into an Agreement with the YMCA of Roanoke Valley, Inc. (YMCA) to provide support for the development and construction of a new YMCA facility in the West Church area of downtown Roanoke to accommodate an expanding number of YMCA programs and to transfer the former YMCA building and land located at the corner of Church Avenue and Fifth Street, SW, to the City of Roanoke. As specified in the Agreement, the YMCA was required to remove an underground storage tank (UST), and all UST appurtenances, and to remediate any soil impacted by the presence of the UST before transferring the property to the City. The UST was removed from the former YMCA site in December 2004; however, impacted soils and piping associated with the UST were left in place by the Contractor working for the YMCA. Mayor Harris and Members of City Council February 21, 2006 Page 2 Furthermore, a pedestrian walkway links the former main YMCA building with the YMCA's auxiliary gymnasium. The agreement dated December 24, 2002, contemplates the transfer of the main YMCA building from the YMCA to the City, but the YMCA will retain title to the YMCA's auxiliary gymnasium. Thus, provisions for the removal of the pedestrian walkway linking the two structures need to be established. Finally, Amendment No. 3 addresses other related issues, such as the closing date and the survival of certain terms beyond the closing date. Considerations: The YMCA has approached the City to amend the Agreement dated December 24, 2002, in order to allow the YMCA to transfer a portion of the former YMCA facility to the City but leaving the piping and impacted soils on the property. Under Amendment No. 3, the YMCA will remove the piping and impacted soils at its expense, if the City decides to demolish the former main YMCA building. If the City sells the property "as is," then the YMCA is under no obligation to remove the piping and impacted soil. If, however, the sale price for the property is diminished by the presence of the piping and impacted soil, the YMCA and the City will agree on a third party to establish the difference in the value of the property, and the YMCA will be responsible for the difference. Furthermore, under Amendment No. 3, the pedestrian walkway between the former YMCA building and the YMCA auxiliary gymnasium will be removed at the expense of the YMCA, and pursuant to other terms and conditions, upon the City requesting the YMCA to do so. Recommended Action: Authorize the City Manager to execute Amendment No. 3, and other appropriate documents to effectuate its terms and conditions, all approved as to form by the City Attorney, such Amendment No. 3 to be similar in form and content to the Amendment No. 3 attached to this report. Authorize the City Manager to execute the appropriate documents, approved as to form by the City Attorney, to amend the Agreement dated December 24, 2002, between the City of Roanoke and the YMCA of Roanoke Valley Inc., releasing the YMCA of its initial obligation to remove all underground storage tank appurtenances as well as impacted soils from the former YMCA property located at the corner of Church Avenue and Fifth Street, SW, to the City of Roanoke Mayor Harris and Members of City Council February 21,2006 Page 3 prior to transferring the former YMCA property to the City. The City Manager is further authorized to execute the appropriate documents, approved as to form by the City Attorney, to amend the Agreement dated December 24, 2002, between the City of Roanoke and the YMCA of the Roanoke Valley Inc., to include provisions for the removal of the pedestrian bridge by the YMCA, at the YMCA's expense, between the former YMCA building and the YMCA auxiliary gymnasium. Respectfully submitted, Darlene L. Bu~cham City Manager DLB:pjt C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Director of Planning, Building and Economic Development CM06-00023 AMENDMENT NO. 3 THIS AMENDMENT NO. 3 to an Agreement dated December 24, 2002, is made and entered into this 21st day of February, 2006, by and between the CITY OF ROANOKE ("City"), and the YMCA of ROANOKE VALLEY, INC. ("YMCA"). WHEREAS, City Council authorized the City to enter into an Agreement with the YMCA, providing for the City to transfer certain property for the construction of a new YMCA facility, and upon completion of the construction of the new YMCA facility, the YMCA would transfer to the City a portion of the property on which the former YMCA facility is located. WHEREAS, the parties entered into such Agreement dated December 24, 2002 ("Agreement"); WHEREAS, the parties executed Amendment Nos. 1 and 2, dated February 28, 2005, and December 23, 2005, respectively, to extend the deadline by which the YMCA needed to transfer the Property For City to the City; and WHEREAS, the parties wish to further amend the Agreement. NOW, THEREFORE, the parties in consideration of the promises and the mutual covenants contained herein and in the Agreement, and in Amendment Nos. 1 and 2, agree to amend the Agreement as follows: Paragraph No. 1, Term of Agreement, of the Agreement shall be amended to read as follows: The rights and responsibilities of Subparagraph No. 7D of Paragraph No. 7 and Paragraph Nos. 5, 8, 12, 14, 15, 16, 17 and 26, of this Agreement shall commence on the I st day of July, 2004, and continue for a period of twenty years through 2024. The rights and responsibilities of the remaining sections shall be completed as of the dates stated herein. AmendmentNo,3YMCA 1 02/14/06 2. Paragraph No. 5, Transfer of real estate from the YMCA to the City, of the Agreement shall be amended to read as follows: Within thirty (30) days after the issuance of a permanent certificate of occupancy for the New YMCA, but in no event later than February 28, 2006, ("Second Closing Date"), the YMCA shall transfer title of Roanoke City Official Tax Nos. 1011206, 1011209 and 1011210 (hereinafter "Property For City") to the City. The property shall be in substantially the same condition as it was on December 24, 2002, subject to the other provisions of the Agreement bearing that same date, and its amendments, including the clean up of the Property For City. The YMCA shall not be obligated to prepare the subject Property For City for use by the City, subject to Paragraph No. 8F. Pursuant to Paragraph No. 8, the City assumes no duty to insure the Property For City for any loss or liability prior to the closing date therefor. 3. Paragraph No. 7, Exchange of Property For City and warranties, of the Agreement shall be amended by amending subparagraphs B and C and by adding subparagraph D, and Paragraph No. 7 shall read as follows: A. Simultaneously with the transfer set forth in Paragraph 5, above, the YMCA shall record the deed with the Clerk of the Circuit Court for the City of Roanoke. In addition to any representations and warranties contained elsewhere in this Agreement, the YMCA warrants and represents that: (a) the YMCA will, in accordance with this Agreement, convey title to the Property For City free and clear of all liens, covenants, conditions, restrictions, right-of-ways, easements, and encumbrances of any kind or character whatsoever; (b) the YMCA has good and marketable fee simple title to the Property For City, and the YMCA is the sole owner of the Property For City; (c) the YMCA has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property For City or the limiting or denying of any right of access thereto; (d) the YMCA has no knowledge of, nor has it received any notice of, any special taxes or assessments relating to the Property For City or any part thereof; and (e) there are no leases of the Property For City. B. Title to the Property For City shall be conveyed by YMCA to the City with good, clear marketable title by general warranty deed, free and clear of all liens, covenants, conditions, restrictions, right-of-ways, easements, and encumbrances of any kind or character whatsoever, in form acceptable to the City Manager for the City of Roanoke. The YMCA shall convey title to the Property For City by a good and sufficient General Warranty Deed with English covenants of title, prepared at the expense of the YMCA, in recordable form, conveying fee simple title to the Property For City to the City. AmendmentNo.3YMCA 2 02/14/06 C. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the closing date of a title company selected by the City to issue, upon payment of its normal premium, to the City its American Land Title Association (Form B) Owner's Policy of Title Insurance insuring the City in the amount of $2,856,200.00 in respect to the Property For City and that title to the Property For City is vested in the YMCA. D. The General Warranty Deed shall provide that the representations and covenants contained in the Agreement dated December 24, 2002, between the City of Roanoke and the YMCA of Roanoke Valley, Inc., and Amendment Nos. 1, 2 and 3, dated February 28, 2005, December 23, 2005, and February 21, 2006, respectively, to such Agreement, shall survive the closing date of the deed, and that title to Official Tax No. 1011206 shall not include title or ownership of any portion of the pedestrian walkway connecting the structure on Official Tax No. 1011206 and the structure on Official Tax No. 1011202. 4. Subparagraph E, Removal of Underground Storage Tank(s), of Paragraph No. 8, Environmental, shall read as follows: (1) On or before the date the City takes title to Property For City, the YMCA, at its own expense, shall remove the underground storage tank used to store diesel fuel for heating purposes ("UST"), and all appurtenances and attachments thereto, if any, and any other underground storage tank, and appurtenances and attachments thereto, used for the storage of any fuel or hazardous materials as used and defined in this Agreement, that are located on Property For City. The YMCA shall be solely responsible and remain liable for any and all costs associated with such removal, and such removal shall be in compliance with all applicable local, state and federal laws. The YMCA shall supply the City with such documents as the City may request to show the YMCA's compliance. (2) Prior to beginning the removal of the UST or any other underground storage tank, or appurtenances or attachments thereto, referred to in subsection (1), above, the YMCA shall notify the Environmental Administrator for the City and the Fire Marshall for the City of such removal. Such persons, or their designees, shall be permitted to be present during the course of the entire removal and to perform, or require the YMCA, at its sole expense, to have performed such tests as the City may deem necessary and appropriate to ensure compliance with all applicable codes, statutes, laws and ordinances, and to ensure that no stored substances have leaked or been released by the UST, or any other underground storage tank, or appurtenances or attachments thereto, referred to in subsection (1), above, at any time. (3) Upon completing the removal, the YMCA shall restore any disturbed portion of the Property For City to its condition in existence before the YMCA AmendmentNo.3YMCA 3 02/14/06 began the removal. Such restoration shall not begin until both the Fire Marshall and the Environmental Administrator have permitted, in writing, that such restoration may begin. (4) Subject to subsection Nos. 7 and 8, below, in the event the YMCA fails to remove the UST, or any other underground storage tank, or appurtenances or attachments thereto, referred to in subsection (1), above, from the Property For City on or before the date City takes title to Property For City, and if the City, or its designee, removes the UST, or any appurtenances or attachments thereto, at the City's expense, the YMCA shall reimburse the City in full for the costs of such removal and restoration of the Property For City to its original condition prior to the initiation of such removal, plus fifty percent (50%) of the cost of such removal and restoration, within thirty (30) days of completion of the removal and restoration, as liquidated damages for such expenses incurred by the City which are not out-of-pocket expenses. (5) If the testing performed by, or at the request of, the City reveals that any substance stored in the UST, or any other underground storage tank, or appurtenances or attachments thereto, referred to in subsection (1), above, leaked at any time, the YMCA shall be responsible for remediation of such condition. (6) The provisions of this section shall be read and construed in conjunction with the Other sections of this Agreement and the obligations under this section are in addition to, and not in place of, any other obligations of the YMCA in any other sections of this Agreement. (7) The preceding language of this subparagraph E notwithstanding, the YMCA shall not be required to remove and dispose of the piping and impacted soil of the UST on or before the date the City takes title to the Property For City. The YMCA, or any of its successors in interest, shall remove and dispose of the piping and impacted soil of the UST at the sole expense of the YMCA, or any of its successors in interest, if the City, or any person or entity at the request of the City, elects to demolish the structure or remove the asphalt on the Property for the City. Such removal and disposal shall occur during the course of, or prior to, the completion of the demolition of the structure or removal of the asphalt and shall be to the complete satisfaction of the City Manager for the City of Roanoke. The duty to remove the piping and impacted soil shall not be that of the YMCA, if the City subsequently sells, or otherwise transfers, all of the Property For City "as is" to any party or entity, subject to subsection No. 8, below. (8) If the City is required to remove the piping and impacted soil for any reason, including the preparation of the Property For City for sale, lease or transfer, to any person or entity, without demolishing the structure or removing the asphalt, the YMCA will reimburse the City for all costs and expenses incurred by the City for the removal and disposal of the piping and impacted soil. If the City decides to sell the Property For City, AmendmentNo,3YMCA 4 02/14/06 or any portion thereof, prior to demolition of the structure and removal of the asphalt, and prior to removal of the piping and impacted soil, and if there is a reduction in the sale price of the property being sold due to the presence of the piping and impacted soil, the City Manager for the City of Roanoke shall determine the amount of such reduction and the YMCA will pay to the City an amount equal to such reduction within thirty (30) days of written notification from the City. Such determination shall be based on the opinion of a real estate appraiser who is certified by the Commonwealth of Virginia and who is mutually approved, in writing, by the City and the YMCA. Such approval shall not be unreasonably withheld. 5. Paragraph No. 12, Second Closing, of the Agreement shall be amended in subparagraphs A, B and C, to read as follows: A. The purchase of the Property For City shall occur at 10:00 a.m. on a date selected by the YMCA within thirty (30) days after the issuance of a permanent certificate of occupancy for the New YMCA but in no event later than February 28, 2006 (hereinafter "Second Closing Date"), in the Office of the City Attorney, or at such other location and time as shall be approved by the City and the YMCA. B. On the Second Closing Date, the YMCA shall deliver or cause to be delivered to the City the following documents: (1) Its duly executed and acknowledged General Warranty Deed conveying to the City the Property For City, approved as to form by the City Attorney, at least five (5) business days before the Second Closing Date. (2) A mechanic's lien affidavit executed by a representative of the YMCA, satisfactory to the title company selected by the City, and to the effect that no work has been performed on the Property For City in the one hundred twenty-five (125) days immediately preceding the Second Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; (3) Such evidence and documents including, without limitation, a certified copy of the resolution adopted by the YMCA, as may reasonably be required by the title company selected by the City, evidencing the authority of the person(s) executing the various documents on behalf of the YMCA in connection with its sale of the Property For City; (4) A duly executed counterpart of a Closing Statement; AmendmentNo,3YMCA 5 02/14/06 (5) Any other items required to be delivered pursuant to this Agreement, and any other documents or Agreements referred to in this Agreement. C. With respect to the Property For City, the City shall pay for: (i) the cost of examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to City; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of Deed. The YMCA shall pay the Grantor's tax, if any, and the expenses of legal counsel for YMCA, if any. The YMCA shall deliver exclusive possession of the Property For City to the City on the Second Closing Date. 6. Paragraph No. 22, Notice, shall be amended to read as follows: Notice under this Agreement shall be sent, in writing, by certified mail to the following persons: If to the City: City Manager Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 If to the YMCA: Executive Director 520 Church Avenue, S.W. Roanoke, VA 24016 Notice shall be effective upon receipt. 7. A new Paragraph No. 26, Pedestrian Walkway. shall be added to read as follows: (a) Upon receiving written notification from the City Manager for the City of Roanoke, the YMCA shall demolish and remove the pedestrian walkway which connects the structures on Official Tax Nos. 1011202 and 1011206 and which is the subject of the Ordinance No. 22249, adopted by City Council for the City of Roanoke on June 2, 1975. Such demolition and removal shall begin within thirty (30) calendar days of receipt of such notice to proceed and shall be completed to the satisfaction of the City Manager within sixty (60) calendar days of receipt of such notice. Such demolition and removal shall be at the sole cost and expense of the YMCA and shall be performed by a licensed contractor experienced in such work. In the event demolition of the structure on Official Tax No. 1011202 is initiated or completed before demolition of the structure on Official Tax No. 1011206 is initiated, the YMCA shall restore the condition of the facade of the structure on Official Tax No. 1011206 to the satisfaction of the City Manager. AmendmentNo.3YMCA 6 02/14/06 (b) Prior to initiating the removal of the pedestrian walkway, the YMCA shall do the following: (1) Obtain and maintain, or have obtained or maintained, at the sole expense of the YMCA, the insurance policies required by this Paragraph No. 26. Any required insurance policies shall be effective prior to the beginning of any work or other performance by the YMCA, or its contractor, under this Agreement. The following policies and coverages are required: (i) Commercial General Liability. Commercial general liability insurance shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the YMCA=s performance under this Agreement. The minimum limits of liability for this coverage shall be $1,000,000.00 combined single limit for any one occurrence. The Certificate of Insurance must state that Rigger's coverage is included. (ii) Workers= Compensation. Workers= compensation insurance covering the YMCA=s statutory obligation under the laws of the Commonwealth of Virginia and employer=s liability insurance shall be maintained for all its employees engaged in work under this Agreement. Minimum limits of liability for employer=s liability shall be one hundred thousand dollars and no cents ($100,000.00) bodily injury by accident each occurrence; five hundred thousand dollars and no cents ($500,000.00) bodily injury by disease (policy limit); and one hundred thousand dollars and no cents ($100,000.00) bodily injury by disease (each employee). With respect to workers= compensation coverage, the contractor=s insurance company shall waive rights of subrogation against the City, its officers, employees, agents, volunteers and representatives. (2) Umbrella Coverage. The insurance coverages and amounts set forth in subsections (1)(i) and (1)(ii), above, of this subsection (b) may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $5,000,000.00. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (1)(i) and (1)(ii), above, of this subsection, and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by to this City. AmendmentNo.3YMCA 7 02/14/06 (3) Evidence of Insurance. All insurance shall meet the following requirements: (i) Prior to execution of this Agreement, the YMCA shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. Such certificates shall be attached to this Agreement at the time of execution of this Agreement and shall be furnished in a timely fashion to demonstrate continuous and uninterrupted coverage of all of the required forms of insurance for the entire term of this Agreement. (ii) The required certificate or certificates of insurance shall include substantially the following statement: AThe insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been received by the Risk Management Officer for the City of Roanoke.@ (iii) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers and representatives as additional insureds. (iv) Where waiver of subrogation is required with respect to any policy of insurance required under this section, such waiver shall be specified on the certificate of insurance. (v) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Agreement shall be authorized to do business in the Commonwealth of Virginia. (4) Ranges and Limits. At the end of three (3) years from the date of the Agreement dated December 24, 2002, the City shall have the right to require increases in the amounts of insurance specified herein. Any adjustments shall bear a reasonable relation to any change in the cost of living or cost of repair or replacement, as measured by changes in the consumer Price Index of the United States Bureau of Labor Statistics AmendmentNo.3YMCA 8 02/14406 applicable to the Commonwealth of Virginia or comparable measure if the Consumer Price Index is no longer being issued. (c) During the entire time this Agreement is in force, and immediately prior to the removal of the pedestrian walkway, the YMCA shall secure the structure on Official Tax No. 1011202 to ensure that no person gains access to the pedestrian walkway. (d) During the entire time this Agreement is in force, and immediately prior to the removal of the pedestrian walkway, the YMCA shall inspect and maintain the pedestrian walkway to ensure structural soundness and integrity and safety. (e) The demolition and removal of the pedestrian walkway shall be performed in accordance with all applicable local, state and federal ordinance, laws and regulations, including those applicable to asbestos and lead-based paint removal. (f) Title to, and any interest in, Official Tax No. 1011202 may not be transferred by the YMCA to any person or entity without the written approval of the City Manager for the City of Roanoke, such approval containing specific reference to the Agreement dated December 24, 2002, between the City and the YMCA, and any amendment of such Agreement. (g) The rights of the City in this paragraph shall be in addition to those rights it has pursuant to Ordinance No. 22249, adopted June 2, 1975, and all applicable state and city code provisions. 7. The Agreement dated December 24, 2002, as amended by Amendment Nos. 1 and 2, dated February 28, 2005, and December 23, 2005, respectively, shall be changed in no other way. WITNESS the following signatures and seals: ATTEST: CITY OF ROANOKE: Mary F. Parker, City Clerk By_ Darlene L. Burcham, City Manager AmendmentNo.3YMCA 9 02/14/06 ATTEST: YMCA OF ROANOKE VALLEY, INC. Secretary By Phillip D. Short, President, Board of Directors Approved as to form: Approved as to execution: Assistant City Attorney Assistant City Attorney AmendmentNo.3YMCA 10 02/I 4/06 CIT OF ROANOKE Off, ce of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk Sheila N. Hartman Assistant City Clerk February 24, 2006 Darlene L. Burcham City Manager Roanoke, Virginia File #20-77 Dear Ms. Burcham: I am attaching copy of Resolution No. 373:[2-022106 that the Council of the City of Roanoke hereby endorses and request the Commonwealth Transportation Board to make the multi-modal improvement of the Interstate 8:[ corridor a high priority transportation project within the Commonwealth, and to proceed with the necessary work to implement the improvements in a timely manner. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 2:[, 2006, and is in full force and effect upon its passage. Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attach merit pc: Jesse A. Hall, Director of Finance Robert K. Bengtson, 'Director, Public Works Sherman M. Stovall, Director, Office of Management and Budget Kenneth H. King, Manager, Division of Transportation L:\CLERKSDATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06~Feb 06~Feb 21 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215t day of February, 2006. I%. 37312-022106. A RESOLUTION requesting the Commonwealth Transportation Board to make the multi- modal improvement of the Interstate 81 (I-81) corridor a high priority transportation project within the Commonwealth and to proceed with the necessary work to implement these improvements in a timely manner. WHEREAS, the City of Roanoke recognizes that a safe, efficient, and well-managed I-81 highway corridor is vital to the Roanoke Valley's current and future economy and quality of life; WHEREAS, the 1-81 corridor is an overburdened primary interstate corridor within the Roanoke Valley, the Commonwealth of Virginia, and the nation; WHEREAS, the I-81 corridor is increasingly the route of choice for cars and trucks traveling between the Northeast and the South and Southwest because of congestion on 1-95 and expanding shipments generated by the North American Free Trade Act; and WHEREAS, the Virginia Department of Transportation (VDOT) has published a Tier I Drag Environmental Impact Statement that identifies needs, develops solutions, and evaluates potential impacts associated with conceptual-level improvements along the entire 325-mile 1-81 corridor in Virginia, as well as improvements to Norfolk Southern's Shenandoah and Piedmont rail lines in Virginia; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City hereby endorses and requests that the Commonwealth Transportation Board continue the advancement of corridor improvements appropriately balancing freight rail, public transportation, and strategic interstate widening in a manner that will maximize the utilization and efficiency of all transportation modes along this corridor while minimizing impacts on the environment, including scenic and cultural resources. Further, the City urges the Commonwealth of Virginia to identify, and make available, the needed resources to improve this vital corridor in a timely manner, and for VDOT to recognize the 1-81 highway improvement segments in the Roanoke and New River Valleys as high priorities to be more closely studied and advanced in the I-81 Corridor Improvement Tier 2 environmental documents. ATTEST: ~e~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 City Web: www.roanokeva.gov February 21, 2006 Honorable Honorable Honorable Honorable Honorable Honorable Honorable C. Nelson Harris, Mayor Beverly T. Fitzpatrick, Jr., Vice Mayor M. Rupert Cutler, Council Member Alfred T. Dowe, Jr., Council Member Sherman P. Lea, Council Member Brenda L. McDaniel, Council Member Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Interstate 81 Corridor Improvement Study Background: The Virginia Department of Transportation (VDOT) recently published the Interstate 81 (I-81) Corridor Improvement Tier 1 Draft Environmental Impact Statement (Tier 1 DEIS) and is seeking public comments at this time. The streamlined Tier 1 DEIS process being conducted in accordance with the Federal Highway Administration (FHWA) and National Environmental Policy Act of 1969 (NEPA) guidelines, identifies needs, develops solutions, and evaluates potential impacts associated with conceptual-level improvements along the entire 325- mile Interstate 81 (I-81)corridor in Virginia, as well as improvements to Norfolk Southern's Shenandoah and Piedmont rail lines in Virginia. The potential impacts of specific improvements will be analyzed in greater detail during Tier 2 if a "Build" concept (or portion of a "Build" concept) is advanced. The Tier 1 study documents existing and future needs along the corridor. Upon completion of the Tier 1 study, decisions will be made on: · the improvement concepts for highway and rail facilities; · advancing 1-81 as a toll pilot under Section 1216(b) of the Transportation Equity Act for the 21 st Century (TEA-21); · projects with independent utility and logical termini to be studied in Tier 2; · the types of Tier 2 NEPA document(s); · the location of the corridor for studying alignments in Tier 2; and · possible purchase of certain right-of-way parcels on a case-by-case basis. Honorable Mayor and Members of City Council February 2~, 2006 Page 2 Recommended Action: City staff has reviewed the published DEIS information and recommends Council adoption and submission of the attached resolution in support of the multi-modal Interstate 81 corridor improvements. Respectfully submitted, City Manager DLB/KHK/gpe C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Kenneth H. King, P.E., Manager, Division of Transportation CM06-00028 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'ng~ia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roanoke.va.us February 24, 2006 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #514 Michael S. Ferguson, Attorney Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell and Ferguson P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Ferguson: I am enclosing copy of Ordinance No. 37313-022106 amending and reordaining Ordinance No. 35619-101801 adopted by City Council on October 18, 2001, to permanently vacate, discontinue and close a certain unnamed and undeveloped alley way extending between 10 1/2 Street and 11'h Street, S. E., between properties identified as Official Tax Nos. 4111317 and 4111303, for a distance of approximately 130 feet in a westerly direction from 11'h Street, S. E.; and that next to the last paragraph of Ordinance No. 35619-101801 be amended to read and provide that if the conditions have not been met within 60 months from the date of adoption of Ordinance No. 37313-022106, such ordinance shall be null and void with no further action by City Council being necessary. The abovereferenced Ordinance No. 37313-022106 was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 21, 2006, and is in full force and effect upon its passage. SMM:ew Enclosure pc: Sincerely, Stephanie M. Moon, CMC Deputy City Clerk William M. Hackworth, City Attorney R. Brian Townsend, Director, Planning, Building and Economic Development L;~CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06~Feb 06\Feb 21 06 correspondenoe.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 2006. No. 37313-022106. AN ORDINANCE amending and reordaining Ordinance No. 35619-101801; and dispensing with the second reading by title of this ordinance. WHEREAS, by adopting Ordinance No. 35619-101801, on October 18,2001, City Council intended to permanently vacate, discontinue and close a certain unnamed and undeveloped alley way extending between 10½ Street and 11th Street, S.E., between properties identified as Official Tax Nos. 4111317 and 4111303, for a distance of approximately 130 feet in a westerly direction from 11th Street; WHEREAS, Ordinance No. 35619-101801 provided that it would be null and void, with no further action by City Council being necessary, ifa certified copy of Ordinance No. 35619-101801 were not recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, within twelve months of the date of adoption of the ordinance; WHEREAS, Ordinance No. 35619-101801 became null and void, by its terms, when a certified copy of Ordinance No. 35619-101801 was not recorded within twelve months after the adoption of the ordinance; and WHEREAS, an extension of time in which the plat of subdivision can be recorded after adoption of the ordinance to sixty months will effectuate the purpose of Ordinance No. 35619- 101801; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the next to last paragraph of Ordinance No. 35619-101801 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 sixty (60) 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 FLTRTHER ORDAINED that the applicant shall record a certified copy of this ordinance along with the copy of Ordinance No. 35619-101801 that is to be recorded with the Clerk of the Circuit Court. BE IT FINALLY ORDAINED that pursuant to the provisions of§l 2 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~'~ City Clerk. WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 ~fELEPHONE: 540-853 2431 FAX: 540-853 1221 EMAIL: cityatty@ roanokeva gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON February 21, 2006 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. Wislmeff, Council Member Re~ Amendment and reordainment of Ordinance No. 35619-101801, vacating, discontinuing and closing a portion of an undeveloped alley way between 10½ Street and 11th Street, S.E. Dear Mayor Harris and Members of Council: Background: On October 18, 2001, Ordinance No. 35619-101801 was adopted by City Council, permanently vacating a portion of an unnamed and undeveloped alley way between 101/2 Street and I 1th Street, S.E., upon certain conditions. One of the conditions of the ordinance was that the petitioner (Sherman W. Chisom) record a copy of the ordinance in the Clerk's Office of the Circuit Court for the City of Roanoke within a period of twelve (12) months from the effective date of the ordinance. If all of the conditions were not met within the twelve (12) month time frame, the ordinance provided that it would become null and void without further action by City Council. Mr. Chisom, by his attorney, Michael S. Ferguson, has advised that all conditions of the ordinance were timely completed, except for the inadvertent failure to record a copy of the ordinance. Mr. Ferguson has prepared and filed an application, requesting that Ordinance No. 35619-101801 be amended and reordained to allow sixty (60) months for recordation of the ordinance and the ordinance amending Ordinance No. 35619-101801. The Engineering Department and the Department of Planning Building and Economic Development have reviewed the request, and they have no objection to it. Honorable Mayor Harris and Members of City Council February 21, 2006 Page 2 Recommendation: Amend and reordain Ordinance No. 35619-101801 with the condition that the period of time required for satisfaction of the conditions be changed from twelve (12) months to sixty (60) months. Respectfully submitted, WMH:s pc: William M. Hackworth City Attorney Darlene L. Burcham, City Manager Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance R. Brian Townsend, Agent, City Planning Commission Michael S. Ferguson, Esquire HMMCC-Extend time amend and reordain IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2001. No. 35619-101801. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance. WHEREAS, Sherman W. Chisom, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public heating on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on October 18,2001, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That unused, unpaved and unimproved alleyway running in an east/west direction between 10 ½ Street and 11th Street, S. E., between properties bearing Official Tax No. 4111317 and Official Tax No. 4111303, for a distance of approximately 130 feet in a westerly direction from 11th Street. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or' other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, 3 where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that 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. MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE 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 February 24, 2006 File #178-514 STEPHANIE M. MOON, CMC 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: I am enclosing copy of Ordinance No. 37314-022106 amending and reordaining Ordinance No. 36226-020303, adopted by City Council on February 3, 2003, to permanently vacate, discontinue and close a certain alley running from 5th Street to 6th Street, N. W., between Loudon and Centre Avenues, N. W., as well as an alley extending in a southerly direction from Loudon Avenue, to the aforesaid alley, lying between Official Tax Nos. 2013109 - 20:].3114, inclusive; and that next to the last paragraph of Ordinance No. 36226-020303 be amended to read and provide that if the conditions have not been met within 48 months from the date of adoption of Ordinance No. 37314-022106 such ordinance shall be null and void with no further action by City Council being necessary. The abovereferenced Ordinance No. 37314-022106 was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 21, 2006, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attachment L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 21 06 correspondence.doc Daniel F. Layman, Jr., Attorney February 24, 2006 Page 2 pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N.W.,Roanoke, Virginia 24017 R. Brian Townsend, Director, Planning, Building and Development L:\CLERK~DATA\CKEW1LAGENDA CORRESPONDENCE~agenda correspondence 06~Feb 06\Feb 21 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 2006. No. 37314-022106. AN ORDINANCE amending and reordaining Ordinance No. 36226-020303; and dispensing with the second reading by title of this ordinance. WHEREAS, by adopting Ordinance No. 36226-020303, on February 3, 2003, City Council intended to permanently vacate, discontinue and close a certain alley running from 5th Street to 6th Street, N.W., between Loudon and Centre Avenues, N.W., as well as an alley extending in a southerly direction from Loudon Avenue, N.W., to the aforesaid alley, lying between Official Tax Nos. 2013109 through 2013114, inclusive; WHEREAS, Ordinance No. 36226-020303 provided that it would be null and void, with no further action by City Council being necessary, ifa plat of subdivision implementing the ordinance were not recorded within twelve months of the date of adoption of the ordinance; WHEREAS, Ordinance No. 36226-020303, became null and void, by its terms, when a plat of subdivision was not recorded within twelve months after the adoption of the ordinance; WHEREAS, on August 15, 2005, City Council adopted Ordinance No. 37152-081505, amending and reordaining Ordinance No. 36226-020303, to extend to thirty-six (36) months after February 3, 2003, the date by which the required plat of subdivision must be prepared and recorded; WHEREAS, as of February 3, 2006, the required plat of subdivision had not yet been filed with the Clerk of the Circuit Court for the City of Roanoke; WHEREAS, Ordinance No. 36226-020303 became null and void, by its terms, when a plat of subdivision was not recorded within thirty-six (36) months after February 3, 2003; and WHEREAS, an extension of time in which the plat of subdivision can be recorded after adoption of the ordinance to forty-eight (48) months will effectuate the purpose of Ordinance No. 36226-020303; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the next to last paragraph of Ordinance No. 36226-020303 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 forty-eight (48) 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. 36226-020303 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 c . WILLIAM M. HACKWORTH CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-243 I FAX: 540-853 1221 EMAIL: cityatty ~/roam~keva gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANT CITY ATTORNEYS February 21, 2006 Honorable C. Nelson Harris, Mayor and Members of City Cotmcil Roanoke, Virginia Re: Amend and reordain Ordinance No. 36226-020303 Dear Mayor Harris and Members of Council: The City of Roanoke Redevelopment and Housing Authority ("Authority") is in the process of taking over from the Northwest Neighborhood Environmental Organization ("NNEO") the development of the Fifth Street Gateway project in the 500 Block of Loudon Avenue, N.W. On February 3, 2003, at the request of NNEO, City Council adopted Ordinance No. 36226-020303, closing two alleys in the area of the project. In accordance with the City's usual practice, the Ordinance required that within one year from the date of adoption of the Ordinance, NNEO have a subdivision plat prepared and recorded, combining the closed alleys with the adjoining lots. Because the plat was never prepared and recorded, the Ordinance by its terms became void. To allow the Authority to close the alleys, the Authority requested that City Council amend and reordain Ordinance No. 36226-020303, allowing the Authority an additional twelve (12) months to prepare and record an appropriate plat. In accordance with the Authority's request, City Council adopted Ordinance No. 37152-081505, amending and reordaining Ordinance No. 36226-020303, to allow a plat of subdivision to be prepared and recorded within thirty-six months after February 3, 2003, the date of adoption of the original ordinance. By letter dated February 7, 2006, the Authority advised that the required subdivision plat is being prepared and because the plat has not yet been prepared and approved, the plat has not yet been recorded. Accordingly, the Authority requested that it be granted an additional twelve (12) months to complete the process. The Engineering Department and the Department of Planning Building and Economic Development have reviewed the request, and they have no objection to it. In light of these developments, I recommend that City Council adopt the attached measure, amending and reordaining Ordinance No. 36226-020303, allowing a plat of subdivision to be prepared and recorded within forty-eight (48) months after February 3, 2003, the date of adoption of the original ordinance HMMCC - Extend term to 48 months 022106 Honorable Mayor Harris and Members of City Council February 21, 2006 Page 2 With kindest personal regards, I am Sincerely yours, William M. Hackworth City Attorney WMH:s Attachment CC~ Darlene L. Burcham, City Manager R. Brian Townsend, Director, Planning, Building and Development Daniel F. Layman, Jr., Esquire IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of February, 2003. No. 36226-020303. AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Northwest Neighborhood Environmental Organization (NNEO) filed an application dated November 7, 2002, to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public rights-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by {}30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on February 3, 2003, after due and timely notice thereof as required by {}30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public rights-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public rights-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: All of the alley from 6th Street, N.W. to 5th Street, N.W., in the block lying between Loudon Avenue, N.W., and Centre Avenue, N.W., beginning at the east side of 6th Street, N.W., between lots bearing Official Tax Nos. 2013101 and 2013115, and extending east to its intersection with 5th Street, N.W., between lots bearing Official Tax Map Numbers 2013114 and 2013123, extending north, and on the west extending along the east border of lot bearing Official Tax Map Number 2013109 and on the east extending along the west border of lots bearing Official Tax Map Numbers 2013114 through 2013110, extending north to its intersection with Loudon Avenue be, and are hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the rights-of- way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the fight to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public rights-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDA1NED that if the above conditions have not been met within a period of one (1) year from the date of the adoption of this ordinance, then said ordinance be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of {312 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk February 24, 2006 Sheila N. Hartman Assistant City Clerk File #53-60-192-217-301-416-467-540-557-558 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37315-022106 appropriating $20,654,250.00 to be provided by the Series 2005 and 2006A and B Bonds to various capital projects, and amending and reordaining certain sections of the 2005-2006 Civic Facilities, Parking, Capital Projects, Department of Technology and School Capital Projects Funds Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 2:[, 2006, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC ~ Deputy City Clerk SMM:ew Attachment L:\CLERK~DATA\CKEVVI~AGENDA CORRESPONDENCE~genda correspondence 06\Feb 0~Feb 21 06 correspondence.doc Jesse A. Hall February 24, 2006 Page 2 pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget James L. Grigsby, Acting Assistant City Manager for Operations Wilhemina W. Boyd, Director, Civic Facilities Roy M. Mentkow, Director of Technology Marvin T. Thompson, Superintendent, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City School Board, P. O. Box 13Z45, Roanoke, Virginia 2403! L:\CLERKSDATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 21 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of February, 2006. No. 37315-022106. AN ORDINANCE to appropriate funding to be provided by the Series 2005 and 2006A and B Bonds to various capital projects, amending and reordaining certain sections of the 2005-2006 Civic Facilities, Parking, Capital Projects, Department of Technology and School Capital Projects 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 2005-2006 Civic Facilities, Parking, Capital Projects, Department of Technology and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Civic Facilities Fund Appropriations Civic Facilities Expansion/Renovation Parkin,q Fund Appropriations Appropriated from 2006 Bond Funds Capital Projects Fund Appropriations Appropriated from 2006 Bond Funds Art Museum of Western Virginia Countryside Golf Course Appropriated from 2006 Bond Funds South Jefferson Revenues General Obligation Bond Proceeds Department of Technoloqy Fund Appropriations Appropriated from 2006 Bond Funds Appropriated from 2006 Bond Funds 005-550-~630-9198 $ 6,405,000 007-540-8252-9170 008-310-9739-9170 008-310-9740-9171 008-310-9740-9172 008-052-9633-9170 008-530-9828-9840 008-110-1234-1042 013-430-9865-9170 013-430-9908-9170 2,600,000 1,200,000 2,500,000 3,975,000 4,250 5,495,750 13,175,000 2,000,000 600,000 School Capital Proiects Fund Appropriations Appropriated from 2006 Bond Funds Revenues General Obligation Bond Proceeds 031-065-6066-6896-9170 031-110-1234-1142 14,250,000 14,250,000 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. JESSE A. HALL Director of Finance email: jesse hall~ci roanoke.va.us February 21,2006 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 1t. SHAWVER Depuly Director emai[: ann shawver~ci roanoke va.us 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: The City's 2006A and 2006B General Obligation Public Improvement Bonds of $35,055,000 were issued on February 8, 2006. The Series 2005 General Obligation Public Improvement Bonds of $3,975,000were issued on December 15, 2005. The proceeds from these issuances are available for appropriation. Several projects have been established and funded in advance of issuance of these bonds. The following table details the projects to be funded by these bonds. Project Civic Facilities Fund Civic Center Renovations- Phase II Parkinq Fund Downtown West Parking Garage ~cts Fund Art Museum Riverside Centre for Research and Technology Countryside Golf Course Total Capital Projects Fund Department of Technoloqy Fund Financial Information Systems Replacement School Capital Proiects Fund Patrick Henry High School Amount Remaining to Issue Previously be Amount Appropriated Appropriated $ 6,405,000 $ 6,405,000 $ $ 2,600,000 $ $ 2,600,000 $ 3,700,000 $ 2,500,000 $1,200,000 5,500,000 5,495,750 4,250 3,975,000 3,975,000 $13,175,000 $11,970,750 $1,204,250 $ 2,600,000 $ $ 2,600,000 $14,250,000 $ $14,250,000 Grand Total $39,030,000 $18,375,750 $ 20,654,250 Honorable Mayor and Members of Council February 21,2006 Page 2 The attached budget ordinance will appropriate the remaining $20,654,250 in bond funds to the appropriate project accounts. I will be pleased to answer any questions Council may have. Sincerely, Jesse A. Hall Director of Finance JAH:prw C: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Sherman M. Stovall, Director of Management and Budget Ann H. Shawver, Deputy Director of Finance City of Roanoke School Board P.O. Box 13145, Roanoke VA 240:31 · 540-853-238] · FAX 540-853-2951 K~thy G. S~ockburger, D~vl~ e. Trinkle, M,D., V~ February 21, 2006 ~on E. ~ingham David I~. Cer~on W]III~ m H, A~i~l.N~h The Honorable C. Nelson Harris, Hayor co~y~.~n and Members of Roanoke Ci~ Council ,a~inT. Thom~,. Roanoke, VA 24011 CindyH. Lee, Dear Members of Council: CT~r~ of fl~, ~o~ As the result of official School Board action at its meeting on February ]4, the Board respectfully requests City Council to appropriate the following funds: · $544,576.00 from the Capital Maintenance and Equipment Replacement Fund to fund facility maintenance and food services equipment, and school- based furniture. · $4,100,000.00 from t~e Roanoke City Stadium/Amphitheater project to provide funding for the construction of the football stadium to be located on the Patrick Henry High School campus. The School Board thanks you for your approval of the appropriation requests. Sincerely, :indy H/Poulton, Clerk re CC: Mrs. Kathy G. Stockburger Mr, Marvin T. Thompson Mr. Bernard .~. Godek Mr. Kenneth F. Mundy Mrs. Darlene Burcham Mr. William M. Hackworth Mr. 3essa A. Hall Mr, Paul Workman (with accounting details) JESSE A. HALL Director of Finance cmail: j es se_hall~ci.r oanoke~va.us February 21,2006 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 email ann_shawver~ci roanoke.va.ns 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: School Board Appropriation Request As a result of official School Board action at its meeting on February 14, the Board respectfully requests City Council to appropriate the following funds: $544,576 transfer from the City General Fund Undesignated Fund Balance to fund facility maintenance and food services equipment, and school-based furniture. $4,100,000 transfer of 2002A bond proceeds from the Stadium/Amphitheater Project (008-530-9758) to provide funding for the construction of the football stadium to be located on the Patrick Henry High School campus. 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 C: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Sherman M. Stovall, Director of Management and Budget Marvin T. Thompson, Superintendent of City Schools MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'trginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk @ ci.roaaoke.va.us February 24, 2006 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #178-200-424 Richard A. Rife, Chair and Members of the City Planning Commission Roanoke, Virginia Dear Chairman Rife, Ms. Prince and Gentlemen: I am enclosing copy of Ordinance No. 37317-022106, approving the Strategic Housing Plan and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Strategic Housing Plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 21, 2006, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosure pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Steven J. Talevi, Assistant City Attorney Ford P. Weber, Director, Housing and Neighborhood Services Martha P. Franklin, Secretary, City Planning Commission L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 21 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 2006. No. 37317-022106. AN ORDINANCE approving the Strategic Housing Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Strategic Housing Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the Strategic Housing Plan was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on January 19, 2006, and recommended adopting the Plan, with the three modifications set forth in the Planning Commission's report dated February 21, 2006, to this Council (collectively, the "Plan as modified"), and amending Vision 2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan as modified; and WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing on the proposed Plan as modified was held before this Council on Tuesday, February 21,2006, at which heating all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Plan as modified and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Plan as modified as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. 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. 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 @ cl.roanoke.va.us February 21, 2006 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 Honorable Honorable Sherman P. Lea, Council Member Brenda L. McDaniel, Council Member Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Amendment of Vision 2001-2020, the City's comprehensive plan, to include the Strategic Housing Plan. Planning Commission Action: Planning Commission public hearing was held on Thursday, January 19, 2006. Presentation was made by Ford Weber, Director of Housing and Neighborhood Services. There was no one in attendance from the public who spoke to the matter. Planning Commission, by a vote of 7-0, recommended that City Council amend Vision 2001-2020, to include the Strategic Housing plan, with the amendments set out in the Recommendation section of this report. Background: In 2003, K.W. Poore and Associates of Richmond, Virginia, was awarded the bid to lead the development of a Strategic Housing Plan. With assistance from City staff, a steering committee of 19 citizens was formed in the fall of 2003. Public meetings, including focus groups, were held in the winter of 2004. Considerations: The overall goal of the plan is to reverse the negative trends the City has experienced over the past twenty years. This entails increasing the amount of market rate housing, improving housing conditions, halting the decline in population, and increasing the income levels of City residents. The plan stresses that the City must realize its potential by capitalizing o n its urban assets rather than competing in the realm of suburban housing. The plan also recommends cooperation and partnerships with the private sector, and linking housing initiatives with economic development activities. To achieve the aforementioned goals, the plan proposes Neighborhood, Citywide and Funding Strategies. Neighborhood Strategies are proposed for each of the following areas: Downtown, Northern edge of Old Southwest, Gainsboro, Southeast by Design, West End/Hurt Park, South Jefferson/Bio- Medical District, and City suburban/Neo-traditional neighborhoods. Select Citywide Strategies include the examination of all current ordinances and City programs, marketing the City, addressing school issues, and attracting active seniors, young professionals and empty nesters. Select Funding Strategies identified are the solicitation of for-profit and non-profit organizations for development, joint developers investing in a single project to reduce risk, and additional City commitments. City staff reviewed the final draft Housing Plan and submitted a number of questions and modifications to K.W. Poore & Associates. They responded to the City's questions and made several modifications. However, three points in the plan were identified for further consideration: Affordable Housing Must Be Maintained (p. 6) - Given the fact that the City houses a disproportionate share of the region's Iow income population, City staff requested the deletion of the reference to "inclusionary zoning" (requiring that a certain number of housing units be affordable). Staff recommended striking the phrase "inclusionary techniques" from the last sentence in the third paragraph on page 6. Substandard and Dilapidated Neighborhoods where Rehabilitation is not Economically Feasible (p. 17) - City staff requested that the general reference to such neighborhoods be deleted from the Plan or that the Plan specify the neighborhoods to which it is referring. Staff recommended that this section be deleted from the report. Gainsboro - Geographic Focus (p. 30) - City staff requested that the second "bullet" specify the programs that the Roanoke Redevelopment and Housing Authority (RRHA) has successfully used to make numerous sites available for new construction or specify sites now ready for development. Staff recommended the following text be inserted: "RRHA owns a number of scattered site lots as well as the Cherry Avenue site in Gainsboro. These properties were acquired and made available as part of the Redevelopment/Conservation Plan for the neighborhood through various acquisition and clearance means over an extended period of time." Recommendation: The Planning Commission recommends approval of the Strategic Housing Plan as a component of Vision 2001-2020, with the three modifications as set out below: Affordable Housing Must Be Maintained (p. 6). The Commission recommends striking the phrase "inclusionary techniques" from the last sentence in the third paragraph on page 6. Substandard and Dilapidated Neighborhoods where Rehabilitation is not Economically Feasible (p. 17) - The Commission recommends that this section be deleted from the report. Gainsboro- Geographic Focus(p. 30) - The Commission recommends the following text be inserted: "RRHA owns a number of scattered site lots as well as the Cherry Avenue site in Gainsboro. These properties were acquired and made available as part of the Redevelopment/ Conservation Plan for the neighborhood through various acquisition and clearance means over an extended period of time." Respectfully submitted, C~R. c hi a~ fe,~ h air m an~ I Roanoke City Planning Commission CC: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager Steven J. Talevi, Assistant City Attorney IN THE PLANNING COMMISSION OF THE CITY OF ROANOKE, VIRGINIA This 19th day of January, 2006 A RESOLUTION recommending the adoption of the Strategic Housing Plan as an element of the City's Comprehensive Plan. WHEREAS, representatives from the City of Roanoke, a 19-member steering committee and various focus groups have met a number of times; WHEREAS, the Strategic Housing Plan has been reviewed by the City of Roanoke Planning Commission; and WHEREAS, the Strategic Housing Plan has been advertised in accordance with Section 15.2-2204 of the Code of Virginia (1950), as amended, and pursuant to that notice, a public hearing was held on January 19, 2006, at which all persons having an interest in the matter were given a chance to be heard. BE IT RESOLVED by the Planning Commission of the City of Roanoke that it recommends to City Council that the Strategic Housing Plan, revised January, 2006, be adopted as an element of the City's Comprehensive Plan, and that by signature of its Chairman below, the Planning Commission hereby certifies the attached copy of the plan to City Council. Chairman Z Z 0 LU Z .:3 9-0 o o~g Z -r U 0 I- I- ~ ~ ~ . E ' ' ' °'~ ~ oo~ ~'~ ~-* ~ e ,., ,.. o -cE o cE,= *, _~._> u c ~:c :~ ~) ~ .c o ~ ~c --, ,u ,u ~ ,,, o e .~ ~e =° ".- .c ~ u E E ._~ ~c .----_ ,~ c c -o c O~ o~ o o m~ Z o Z 0 Z 0 <./~ '~ u30 OJ O0 0 -r-O ~m Zz -K 0 Z , 0 0 'r0 O0 "r~ z~ ~o < 8. ~+ ~- E E ~U Ow ,+ E Z :::> L~ Z 0 0 E o 8 uuuu ~ E dd~Nddd c~,4---- d d c ~O~-E .~E~ 3.'0 ~ c-~ 0 E o 0 '~ - ~,._ z ~ ~ -~ 0 ~~ ~ ~.~ ~ - 0 ~ u ~ ~ ~ . > ~ ~ ~ ~ o . -- .~ = - ~ ~ ~ ~ u > ~ ~ ~ o ~ ~ ~ ~ -- o ~ ~ ~~ ~-- 0 ~ o o = E -- a '~ ~ ~~ ~ ~ ._o '5~,~ Zoo <Z xO The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ................................................ + ........................ MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 NOTICEOFPUBLICHEARIN REFERENCE: 32143302 09428835 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 vi ' ia. Sworn and subscribed before me this _~day of Februar y 2006. Wit ness my hand and o~cial seal. /~ /~~ ~ ~/~_ ~ Notary Public My commisslo~--~-=--LT~=~--~ ex----~e~s-~__~__~__~_ · PUBLISHED ON: 02/13 02/17 7th dSy o~ February, :~, iar/F, plrker C~ty Clerk. TOTAL COST: 414.00 FILED ON: 02/14/06 authorize~~ ~ .................................... ~~ Signature: ~__ ~ ___'~_ ............. , Billing Services Representative City Of Roanoke Attn: Mary F. Parker, City Clerk 215 Church Ave. SW, Rm 456 Roanoke, VA 24011 Date: 2/17/06 Inv. #C-11166 Caption po Box 6021 P. oanoke, VA 24017 540 -343-0326 · Fax 343 -7366 Making and Recording Black History Since 1939 Dates Runs Size Total Size R Order Net Rate Net Total Notice of Public Hearir 2/9/06 $54.00 ~ny questions in reference to this invoice contact Stan Hale (540) 343-0326 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given pursuant to §15.2-2204 of the Code of Virginia (1950), as amended, that Vision 2001 - 2020, the City's Comprehensive Plan, is proposed to be amended to include the Strategic Housing Plan ("Plan") as an element of such Comprehensive Plan. The Plan proposes certain neighborhood strategies for the Downtown, Northern edge of Old Southwest, Gainsboro, Southeast by Design, West End/Hurt Park, South Jefferson/Bio-Medical District, and City suburban/Neo-traditional neighborhoods, City-wide and funding strategies to increase the amount of market rate housing, improve housing conditions, halt the decline in population and increase the income level of City residents. A copy of the proposed Strategic Housing Plan to be considered by City Council is on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. A public hearing will be held before the Council of the City of Roanoke on Tuesday, February 21, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the City shall be given an opportunity to appear and be heard by Council on the subject of this proposed amendment. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541) before 12:00 noon on Thursday, February 16, 2006. GIVEN under my hand this 7th day of February ,20 o6 . Mary F. Parker, City Clerk. K:/NOTICES/N-AMEN DCOMPKEHENS IV EPLAN( STRATEGiC HOUSING) 022106 DOC Notice to Publisher: Publish in the Roanoke Times once on Monday, February 13, 2006 and Friday, February 17, 2006. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Notice to Publisher: Publish in the Roanoke Tribune once on Thursday, February 9, 2006. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE 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 February 24, 2006 STEPHANIE M. MOON, CMC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #67-200-424 Richard A. Rife, Chair and Members of the City Planning Commission Roanoke, Virginia Dear Chairman Rife, Ms. Prince and Gentlemen: I am enclosing copy of Ordinance No. 37318-022106 approving the Mill Mountain Park Management Plan and amending Visio~n 2001 - 202__Q0, the City's Comprehensive Plan, to include the Mill Mountain Park Management Plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February21, 2006, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosure pc: Darlene L. Burcham, City Manager Rolanda B. Russell, Assistant City Manager for Community Development Steven J. Talevi, Assistant City Attorney Martha P. Franklin, Secretary, City Planning Commission Steven C. Buschor, Director, Parks and Recreation Robert A. Clement, Jr., Neighborhood Services Coordinator, Neighborhood Partnership L:\CLERKSDATA\CKEW1 ~AGENDA CORRESPONDENCE~agenda correspondence 06~Feb 06~Feb 21 06 correspondence.doc 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 2006, No. 37318-022106. AN ORDINANCE approving the Mill Mountain Park Management Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Mill Mountain Park Management Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, the Mill Mountain Park Management Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on January 19, 2006, and recommended adopting the Plan and amending Vision 2001 - 2020, the City's Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing on the proposed Plan was held before this Council on Tuesday, February 21, 2006, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Mill Mountain Park Management Plan and amends Vision 2001 - 2020, the City's Comprehensive Plan, to include the Mill Mountain Park Management Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of Section 12 of the Cily 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 February 21, 2006 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: Amendment of Vision 2001-2020, the City's comprehensive plan, to include the Mill Mountain Park Management Plan. Planning Commission Action: Planning Commission public hearing was held on Thursday, January ~ 9, 2006. After presentation from Steven Higgs, Chairman of Mill Mountain Advisory Committee, the Commission discussed various amendments to the Plan. The Commission voted 7-0 to recommend adoption of the amended Mill Mountain Park Management Plan. Background: Over the years, there have been a variety of plans prepared regarding the development or preservation of Mill Mountain Park; however, none of the plans were based upon an in-depth natural resource inventory. This shortcoming led the City of Roanoke Parks and Recreation Department and the Mill Mountain Advisory Committee to develop a Management Plan based upon a detailed analysis of the natural, cultural, and visual characteristics of Mill Mountain Park. The plan was largely developed through the assistance of the Virginia Tech Landscape Architecture Department. Considerations: The purpose of the Management Plan is to guide the future management, maintenance, and development of the Mill Mountain Park and its resources. It documents the current conditions, mission, and history of the park and uses this information to develop Resource Management Zones (RMZ's) and a Trails Plan. The Resource Management Zones classify various areas of the park based on shared characteristics and common management concerns. Each zone has a set of management recommendations that address such things as appropriate land uses and a development review process. This process establishes a decision-making framework for evaluating the appropriateness of future development in each zone. The purpose of the Trails Plan component of the Management Plan is to provide a sustainable network of trails that will provide residents and visitors with opportunities to enjoy the natural environment in ways which fulfill their physical, emotional, and spiritual needs, while protecting mountain resources. The plan recommends the primary use, location, and name of all existing and proposed future trails on Mill Mountain. It also makes recommendations regarding trail management, including: maintenance, volunteer programs, resource protection, signage, and education. The Planning Commission recommended the following amendments to the Plan: · Figure 34 and p. 19 of the trails plan - colors incorrect on Big Sunny Trail Page 47, add language to response on Long~term conservation, "imposition of a conservation easement be explored and a report returned to the Planning Commission within a year of the adopt ion of this report by the Mill Mountain Advisory Committee" · Page 50, add language to e. to "maintain and expand back planting along ridge lines" · Page 52, add words "low lying" in a., second line, before word vegetation Page 53, add no. 6, "the department should explore opportunities as they develop to acquire adjacent parcels of land to add to the park if it supports the general precepts and mission of the plan." and the word Roanoke is misspelled in no. 1 on same page. · Page 8 of trails plan, correct the location of Mill Mountain. Recommendation: The Planning Commission, by a vote of 7-0, recommends approval of the amended Mill Mountain Park Management Plan as a component of Vision 2001- 2020. CC: Respectfully submitted, Richard A. Rife, Chairrffan Roanoke City Planning Commission Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager Steven J. Talevi, Assistant City Attorney Steven Buschor, Director, Parks and Recreation IN THE PLANNING COMMISSION OF THE CITY OF ROANOKE, VIRGINIA This 19th day of January, 2006 A RESOLUTION recommending the adoption of the Mill Mountain Park Management Plan as an element of the City's Comprehensive Plan. WHEREAS, representatives from the City of Roanoke Parks and Recreation Department and the Mill Mountain Advisory Committee have met a number of times; WHEREAS, the Mill Mountain Park Management Plan has been reviewed by the City of Roanoke Planning Commission; and WHEREAS, the Mill Mountain Park Management Plan has been advertised in accordance with Section 15.2-2204 of the Code of Virginia (1950), as amended, and pursuant to that notice, a public hearing was held on January 19, 2006, at which all persons having an interest in the matter were given a chance to be heard. BE IT RESOLVED by the Planning Commission of the City of Roanoke that it recommends to City Council that the Mill Mountain Park Management Plan, as amended on January 19, 2006, be adopted as an element of the City's Comprehensive Plan, and that by signature of its Chairman below, the Planning Commission hereby certifies the attached copy of the plan to City Council. Chairman Mill Mountain, Park Management Plan ~4dopted as part of the Roanoke Comprehensive Plan by The Council of the City of Roanoke, Virginia and by The Roanoke Planning Commission As Submitted by The Mill Mountain Advisory Committee Roanoke Parks and Recreation and The Department of Landscape Architecture Virginia Polytechnic Institute & State University February 21, 2006 ! ! ! ! ! ! ! ! ! ! ! · ! · ! · · · · ACKNOWLEDGMENTS Preparation of this management plan would not have been possible without the sUpport and input of the Mill Mountain Advisory Committee (MMAC). Members of the MMAC, appointed by Roanoke City Council, are listed below: Steve ,Higgs, Chairman Richard Clark Betty Field Louise Kegley Carl Kopitzke Mike Loveman E.C. Pace Eddie Wallace, Jr. Additionally it should also be mentioned that significant staffing assistance was provided by Steve Buschor, Donnie Underwood, and Paul Chapman of Roanoke Parks and Recreation; Liz Belcher of the Roanoke Valley Greenways Commission, Deborah McDonald of the Mill Mountain Garden Club, Laurie Spangler of the Mill Mountain Zoo, and Pam Young of the Roanoke Library. Mill Mountain Management Plan Page 3 TABLE OFCONTENTS SECTION I I. INTRODUCTION II. MANAGEMENT PLAN: PURPOSE & ORGANIZATION ...... PURPOSE ...... SCOPE ...... ORGANIZATION III. MILL MOUNTAIN PARK: MISSION & SIGNIFICANCE ...... MISSION ...... SIGNIFICANCE IV. HISTORY OF THE DEVELOPMENT OF MILL MOUNTAIN V. EXISTING CONDITIONS: INVENTORY & DESCRIPTION ...... NATURAL RESOURCES ...... TOPOGRAPHY, GEOLOGY, & SOILS ...... DRAINAGE ...... VEGETATION & PLANT COMMUNITIES ...... WILDLIFE ...... CULTURAL RESOURCES ...... VISUAL CHARACTERISTICS ...... PARK PROGRAMMING & RECREATIONAL FACILITIES VI. PARK MANAGEMENT ISSUES VII. RESOURCE MANAGEMENT ZONES VIII. DOCUMENTS CITED & CONSULTED APPENDIX A: HISTORICAL TIMELINE OF MILL MOUNTAIN APPENDIX B: FIGURES 1 - 36 SECTION II I. MILL MOUNTAIN TRAILS PLAN APPENDIX A: TRAIL INVENTORY FORMS APPENDIX B: TRAIL DATA SHEETS APPENDIX C: TRAIL MANAGEMENT ISSUES APPENDIX D: GUIDELINES AND ETIQUETTE FOR TRAIL USERS 5 7 7 7 8 8 8 10 12 26 27 27 29 29 34 37 42 43 44 45 53 Mill Mountain Management Plan Page 4 PART I INTRODUCTION The City of Roanoke is blessed with an abundance of parkland. With a park system totaling more than 1350 acres within the city limits (752.7 acres without Mill Mountain and Carvins Cove; 1352.7 for total urban acres including Mill Mountain, and 13,152.7 total acres including Carvins Cove), the City provides almost 8 acres of parkland for every 1,000 residents--a figure that comfdrtably exceeds the 6 acres per 1,000 residents recommended by the National Recreation & Parks Association. All but two of Roanoke's more than 60 parks, however, are classified as either neighborhood or community parks and serve a limited area within the City. At less than I0 acres each, neighborhood parks represent the smallest classification and draw users fi.om the smallest radius--typically those living within walking distance. These parks provide opportunities for passive recreation and limited informal active recreation such as children's playgrounds. Community parks represent the next largest park unit, ranging from 10 to 100 acres. These parks draw users from a larger area within the City (approximately a 2-mile radius) by providing opportunities for organized sports and informal active recreation that require more elaborate infrastructure, such as sports fields and aquatic centers (Roanoke Parks & Recreation, 2000, p. 24; McLeod, 2005). Within this system of neighborhood and community parks, Mill Mountain, located in Southeast Roanoke, is unique. As one of only two regional parks within the city limits, Mill Mountain draws visitors from all over the City as well as from the Roanoke Valley and beyond because of the unique recreational opportunities it offers. These include panoramic views of the City and surrounding valley from its summit; the Roanoke Star, a national landmark and symbol of civic identity for the City; Mill Mountain Zoo; the Discovery Center, which offers a variety of family- oriented environmental education programs; and hiking and biking trails that are easily accessed by greenways fi.om both the City and the Blue Ridge Parkway. Mill Mountain's uniqueness and regional draw puts it on par with other nearby regional parks, such as Carvins Cove and Explore Park. Given its broad appeal and convenient location within City limits, it is not surprising that Mill Mountain has long been Roanoke's most visited park (Roanoke Parks & Recreation, 2000; McLeod, 2005). Since long before Big Lick grew into Roanoke, residents and visitors have been drawn to the recreational opportunities afforded by Mill Mountain's natural setting and scenic views. But despite its popularity, the park has evolved over the years often without a real sense of purpose or overarching vision. For most of its past 250 years, the mountain has been in private hands. During this time, its physical development was driven by numerous (mostly ill-fated) money- making ventures. Some of these ventures, like the incline railway on the northwestern slopes, altered the physical environment of the mountain substantially. Other projects, such as the residential/resort complex planned by William Henritze, would have had a lasting effect on the mountain's appearance and natural systems had they come to fruition. It was not until the 1940s, when local businessman Junius B. Fishburn bought much of Mill Mountain and gave the land to the City with the stipulation that it be used as a public park, that public good slowly began to eclipse profit as the guiding force behind the mountain's development. During the last six decades, the more intensive forms of development once seen on and planned for the mountain have gradually given way to a greater emphasis on preserving the natural character of this urban oasis. Mill Mountain Management Plan Page 5 This transition to low-impact development on Mill Mountain can be understood as part of a larger attitudinal change in American society toward urban green space over the past 20 years. Whereas the value of undeveloped parcels within the urban fabric was once based on the maximum number of homes or greatest amount of retail space they could accommodate, these open spaces are now recognized as rare urban gems whose natural character should be enhanced in order to make the urban environment a more pleasant place to live and work. Advances in our understanding of ecology and natural systems in the past few decades have also revealed that these green areas play an essential role in protecting the health of a city by improving air quality and stormwater control and preserving wildlife habitat. Recently, design scholars Galen Cranz and Michael Boland (2004) have identified the emerging urban park type as the sustainable park. Sustainable parks exhibit three main characteristics: (1) They strive to be self-maintaining, rather than drawing heavily on city resources; (2) They reach outside their boundaries to improve citywide and regional conditions, for example, by reclaiming contaminated sites, energizing citizen groups to participate in park maintenance, and augmenting urban infrastructure with additional vehicular and greenway connections; and (3) They present an alternative aesthetic to the static, manicured formality of the tradition urban park by employing informal native plant assemblages and accommodating seasonal as well as successional landscape changes. Many of Roanoke's most recent citywide and regional planning initiatives embody the spirit of the sustainable park model. The Comprehensive Parks & Recreation Master Plan (Roanoke Parks & Recreation, 2000) and the Vision 2001/2020 City Master Plan, for example, both emphasize creating self-sustaining, livable communities. They recognize that the economic health of the City is linked to its ability to sustain the health of its physical environment and its residents. Both of these documents seek to preserve and enhance urban green space in order to create a healthy urban environment and provide residents and visitors with a variety of recreational opportunities. The development of the Roanoke Valley Open Space Study (1999) and the Roanoke Valley Greenway System also seek to maximize recreational opportunities while improving the environmental health of the region. The public input solicited during the development of all of these initiatives has strongly supported environmental sustainability and low-impact recreation. The time is now ripe to develop and implement a sound management plan for Mill Mountain Park--one that is consistent with the emerging concept of the sustainable park and respectful of the unique'features of this urban oasis. With the development of a clear vision for the park and the enumeration of the management strategies needed to accomplish it, Mill Mountain Park will continue to be a unique and cherished presence in the City of Roanoke for the generations to come. Mill Mountain Management Plan Page 6 PART II MANAGEMENT PLAN: PURPOSE & ORGANIZATION PURPOSE This management plan is intended to guide the future management, maintenance, and development of Roanoke's Mill Mountain Park and its resources. It documents the current conditions, mission, and history of the park and, from this information, develops a set of Resource Management Zones (RMZs). These zones group various areas of the park based on shared characteristics and common management concerns. For each zone, a set of management recommendations, including appropriate types of land use, have been developed, and a development review process is described. In this way, the management plan establishes a decision-making framework for evaluating the appropriateness of future development within each zone and ensures consistent treatment of similar areas throughout the park. In order to ensure that the management recommendations outlined in the plan are thorough and comprehensive, many factors were considered across several scales. In addition to considering management issues at the site scale (e.g., managing park resources in a manner compatible with the environmental conditions of the site), the guidelines also take into account the park's role relative to the City of Roanoke as a whole (e.g., the park's place within the City's parks system) and to the region (e.g., the park's role in the environmental health of the Roanoke Valley). The types of information collected at these various scales include: · the mission and vision established for the park by citizens and the City · the recreational, economic, and environmental roles of the park within the City of Roanoke and the greater Roanoke Valley · the park's existing natural features and conditions · the historical and cultural resoumes existing within the park · the site's historical evolution This information was drawn from a variety of sources, including existing City planning documents, previously documented public input regarding Mill Mountain Park, historical documentation on the mountain's development, geospatial data on the physical features of the mountain, and walking surveys of the park (see the Documents Cited or Consulted section for the list of published sources). As with all planning documents, this management plan is a living document. As Mill Mountain, the City, and the region continue to evolve, the management plan will require periodic review and revision, including citizen input. SCOPE This management plan covers the entire park, consisting of approximately 568 acres. Figure 1 identifies the location of Mill Mountain Park in the City of Roanoke. Figures 2, 3, and 4 depict existing conditions in the park (base maps), and Figure 5 shows in detail the mountain top where park development is concentrated. Mill Mountain Management Plan Page 7 ORGANIZATION This management plan begins with a review of the park mission, its significance to the City and the region, and its history. It then provides an inventory of its current natural conditions, cultural features, and programming. The final section describes the management zones (RMZs) themselves and recommends appropriate types and levels of activity for each zone, as well as potential land uses. The management plan concludes with description of a process by which future development proposals for the park can be evaluated. This process includes review by the Parks & Recreation Advisory Board, the Roanoke Planning Commission, and City Council of any proposed use of Milt Mountain Park that is not consistent with the RMZ descriptions. PART III MILL MOUNTAIN PARK: MISSION & SIGNIFICANCE MISSION Providing recreational opportunities for the residents of Roanoke and the surrounding region has long been the primary mission of Mill Mountain, but ideas about the types of recreational facilities appropriate to the mountain have changed dramatically over the years. Early on, while the mountain was owned by various private individuals and corporations, appropriate forms of development were considered to be those that held the greatest potential to generate profits for investors. As the Rockledge Inn, the Mill Mountain Incline, and the Old Toll Road suggest, developers tended to associate bigger profits with bigger, higher impact building pro.~ects. Even the legally binding restrictions placed on Mill Mountain in 1941 by the Fishbum land grants were initially interpreted in a manner consistent with that era's preference for intensive development. Although the Fishburn deed restrictions ensure in perpetuity that the park be "developed and forever preserved, improved, and maintained for the use and pleasure of the people of the City of Roanoke, Virginia, and vicinity" (Hill Studio, 2004), these restrictions tended to be interpreted broadly relative to the types of development considered appropriate. Indeed, the language used in the deed restrictions themselves, which permit construction of "parks, playgrounds, buildings, structures, and things similar thereto," tend to invite loose interpretation (Hill Studio, 2004). The deed restrictions simply mandate that any proposed development "afford the people of this community and their children.., healthful and pleasant recreation" (Hill Studio, 2004). Through the 1980s, numerous proposals came before the City for intensive development of Mill Mountain's summit and slopes, including hotels, ridge-top overlook restaurants, parking structures, and even a ski slope. None of these proposals were judged to violate the Fishburn deed restrictions, and each was subsequently approved by the then-sitting Mill Mountain Advisory Committee and City Council (although for a variety of reasons none were ultimately carried out). Even the construction of the Roanoke Star in 1949 was approved by Junius B. Fishburn (the author of the development restrictions) himself, according to E. C. Moomaw, head of the Roanoke Merchants Association at the time the group commissioned the Star (Moomaw, 1982). Mill Mountain Management Plan Page 8 Gradually, however, the vision for Mill Mountain Park--and the interpretation of the Fishburn deed restrictions--began to change. As the general public's interest in the environment grew and spawned a desire to spend recreational time in natural settings, the mission of the.park and its role within the City were redefined accordingly. A new understanding of the relationship between profit and development began to emerge, as urban green spaces like Mill Mountain became valued for their undeveloped state. Environmental conservation and compatible, low- impact development was seen as enhancing the park's value rather than diminishing it. The most detailed statement of this newly evolving vision for Mill Mountain Park came in 1991 with Rhodeside & Harwell's Mill Mountain Park: Design Evaluation and Development Criteria. This report, developed through historical analysis, physical site analysis, citizen interest group meetings, and citizen surveys, was adopted by the Roanoke City Council in December of 1990. The following summary of the park's mission, as provided in the report, indicates the growing importance of maintaining Mill Mountain's natural environment (p. iii): 1. Preserve visual integrity both to and from Mill Mountain. 2. Preserve Mill Mountain as a natural resource. 3. Preserve Mill Mountain as a symbol of Roanoke. 4. Enhance Mill Mountain as a place for recreation. The document elaborates on each of these directives with more specific strategies designed to protect the natural environment of the mountain, including "Protect natural forested slopes" and "Maintain and enhance the natural character of Mill Mountain" (pp. 31, 32). The park mission detailed in the Rhodeside & Harwell (1991) report was further crystallized by the Mill Mountain Advisory Committee (formerly the Development Committee), the body charged with guiding park development since the late 1960s, after a visioning retreat and a series of meetings to gather public input in early 1997. They distilled the mission of the park into the phrase, "Progress with preservation." The Committee further resolved to "mak[e] Mill Mountain as accessible and pleasurable to all persons while preserving the environmental and aesthetic integrity of the mountain" (Hill Studio, 2004). This emphasis on preserving the natural environment of Mill Mountain and encouraging compatible development is also consistent with the current mission statement developed by the Roanoke Parks & Recreation Department for the City's park system, which commits the department to "improving the quality of life for the citizens and visitors of Roanoke by providing recreational opportunities through diverse programs and facilities and promoting environmental stewardship through beautification, management, and care of public spaces." The Department's vision statement goes on to emphasize the role of the City's parks as places in which people can "experience and appreciate the natural beauty and quality of life in Roanoke" (Roanoke Parks & Recreation Department, 2000, pp. iv-v). This environmental emphasis in the park's mission is also supported by a wider vision established for the Roanoke Valley region. For example, the Roanoke Valley Open Space Study (Fifth Planning District Commission, 1999) which engaged residents from all over the Roanoke Valley in a series of citizen focus groups, found that a majority of participating residents favored preserving much of the region's open space. Specifically, participants rated the preservation of Mill Mountain Management Plan Page 9 forested mountains and "urban forests" as highly desirable, as well as the preservation of scenic views. Many participants specifically named the views to the forested slopes of Mill Mountain as important to protect (Results of the Public Review Process, pp. 5-6). For over a century, Mill Mountain's mission has been to provide recreational opportunities to residents and visitors. Yet the understanding of how to best provide such opportunities has evolved. Emphasis has shifted from amenities requiring intensive development of the mountain to low-impact development that preserves and compliments the park's natural environment and encourages visitors to develop a deeper knowledge of and appreciation for their natural surroundings. SIGNIFICANCE Mill Mountain Park represents a unique resource for the City of Roanoke and the greater region. Key contributions of the park to the City and the greater Roanoke Valley region include the following: Functions as a regional park for the City and the surrounding valleys. Although Roanoke has numerous neighborhood and community parks, which draw users from adjacent areas of the City, Mill Mountain Park is one of only two regional parks within city limits. It draws visitors from every sector of the City as well as from the greater Roanoke Valley/New River Valley region and beyond because of the unique features and activities it offers, including the city zoo, scenic overlooks, the Roanoke Star, greenways and trails, and its educational programming for children and adults. Provides citywide and regional greenway connections. The Mill Mountain Greenway, which begins near Elmwood Park, connects the City to Mill Mountain's summit via the retired Prospect Road. This greenway will also provide a connection to the Roanoke River Greenway, which is planned to stretch the length of the county. Mill Mountain's greenways also provide a connection to trails on Chestnut Ridge and the Blue Ridge Parkway and Explore Park via the Mill Mountain Spur Road. Developing a greenway connection between Roanoke City and Explore Park via Mill Mountain was designated one of eleven high-priority greenway segments in the Conceptual Greenway Plan for the Roanoke Valley Region (Greenways, Inc., 1995). The completion of these g?eenways is identified as a priority in the City's Vision 2001/2020 master plan (City of Roanoke, 2001, Chap. 3, Policy EC A6). Encourages tourist traffic into the City of Roanoke by providing a direct vehicular connection to the City from other regional attractions. Visitors to the Blue Ridge Parkway and Expl6m Park can easily access the City through the Mill Mountain ,Spur Road and Fishburn Parkway. This link is reinfomed through Mill Mountain Park's designation as a Regional Information Center of the Blue Ridge Parkway. Signs along the Parkway in the Roanoke region direct visitors to the Mill Mountain Information Center. This connectivity facilitates increased attendance at all three sites and encourages overnight stays in Roanoke. Tourism, which contributed more than $200 million to Roanoke's economy in 1999, has been identified by the City as an important component of its fiscal health (City of Roanoke, 2001, Chap. 3, p. 53). Mill Mountain Management Plan Page 10 Provides important environmental education opportunities for residents of all ages through Discovery Center and Mill Mountain Zoo programming. This activity is consistent with Roanoke Parks & Recreation's Action Strategy 7, which urges the department to be "an environmental educator through recreational programming" (Roanoke City Parks & Recreation, 2000, p. vi). Includes the largest contiguous area of mature tree canopy within city limits. This feature represents not only a unique recreational opportunity within city limits but also an important resource for improving air quality in the Roanoke Valley. This is especially important given the Roanoke Valley's impending violation of Environmental Protection Agency standards for ozone levels. In order to avoid classification as a nonattainment area, which would mandate strict vehicle and industrial emission limits that could have a negative economic effect on the region, an Ozone Early Action Plan has been implemented by Roanoke Valley jurisdictions, including the City of Roanoke (Cities of Roanoke and Salem et al., 2004). Under this plan, parties have until 2007 to reduce ozone levels. As part of the plan's implementation, the City's Vision 2001/2020 master plan calls for "maintaining and increasing tree canopy coverage as a way to improve air quality" (Chap. 3, Policy EC P5) and the City's Urban Forestry Taskforce has set a goal of 40% tree canopy for the City. Preservation of the mature forests on Mill Mountain is critical to the success of this plan, as a larger tree is estimated to filter 60 pounds of pollutants per year, whereas a newly planted tree will filter no more than 20 pounds per year (Roanoke Valley Area Ozone Early Action Plan, 2004). Plays a major role in preserving wildlife habitats within the City and the region. The park provides important wildlife habitats within its own boundaries as well as extending a critical forested corridor that runs from the Blue Ridge Parkway through Roanoke Mountain to Mill Mountain. In recognition of its importance in preserving wildlife, Mill Mountain Park has been incorporated into the Virginia Birding & Wildlife Trail developed by the Virginia Deparhnent of Game and Inland Fisheries. This driving and hiking trail links diverse wildlife viewing sites throughout the state. The Star City Loop incorporates the Star Trail, the Mill Mountain Greenway, and the connection to the Blue Ridge Parkway via the Mill Mountain Spur Road. The Virginia Fish and Wildlife Information Service lists over 500 species of fauna in the Mill Mountain region, including state endangered species such as Bewick's wren and state threatened species such as the peregrine falcon (Virginia Department of Game & Inland Fisheries Web site). Hosts the Roanoke Star, a National Landmark and the most recognized symbol of the City of Roanoke for more than 50 years. The Star's image can be seen on the City's logo and is incorporated into the names of many local businesses. In addition to attracting tourists, the Star also represents an important cultural resource for Roanokers, as evidenced by the many marriage proposals that have occurred beneath it. Its location on Mill Mountain allows nighttime views to the Star from most of the City and the Roanoke Valley. Mill Mountain Management Plan Page 11 Plays an important role in the marketing of Roanoke as an outdoors recreation destination. The availability within city limits of hiking and biking trails, as well as the other outdoor activities that Mill Mountain offers, is an important selling point for both potential visitors and new residents. The Vision 2001/2020 master plan identifies the development of a comprehensive marketing strategy to promote Roanoke as an outdoors destination as a priority in order to sustain the economic growth of the City (Chap. 3, Policy EC A21). PART IV HISTORY OF DEVELOPMENT ON MILL MOUNTAIN Mill Mountain has always figured prominently in the lives of those living near it - not simply because of its physical presence, but also because of its importance as a community resource. The exact nature of this resource has been redefined through the generations in order to best suit the ever-changing needs of the community. And yet, through all these changes, the bond between community and mountain has remained strong. Mill Mountain is an integral part of Roanoke. Although its value to residents will continue to be redefined as times goes by, a look at the community's relationship to Mill Mountain in the past may help us to more clearly anticipate its future. The following history traces the major events in the history of the Mill Mountain and attempts to interpret the changing attitudes toward the mountain in terms of its value as a community resource. By no means is this the only interpretation that can be distilled from the events, but it is a place to start. Appendix A of this Management Plan presents a straightforward timeline of activity on the mountain and includes events not covered in this section. Early indigenous peoples were drawn to the fresh water spring at the base of what would later be called Mill Mountain. Archaeological studies in the immediate vicinity of Crystal Spring have uncovered artifacts indicating Native American occupation of the site as early as 6000 B. C. (Rhodeside & Harwell, 1991). In addition to the presence ora reliable water source, the brackish swamps on which Roanoke would later be built would have attracted animals and provided fertile hunting grounds. In an account of the Batts, Woods, and Fallam Expedition, which set out from eastern Virginia in 1671, the party reports staying briefly in a Torero settlement believed to have been on the site of the Roanoke Industrial Park (Bruce, 1982). Early European settlers also saw the value of the area around Mill Mountain. In the early 1740s, Mark Evans, a middle-aged justice of the peace fleeing a violent border dispute between Maryland and Pennsylvania, became one of the first permanent settlers in the Roanoke Valley. His 1,900-acre land grant encompassed 87 acres along the northwestern slopes of Mill Mountain, including the spring later called Crystal Spring (Figure 6). Evans and his son Daniel built a gristmill--and some sources say also a sawmill (Harrington, 1995; Montgomery, 2002b)--at the spring. By all accounts, Evans Mill, as it became known, prospered. Its success was guaranteed by not only the reliable water source provided by the spring, but also the mill's proximity to a major north-south transportation route, known variously as the Warrior's Path or the Carolina Road, which passed between Mill Mountain and present-day U.S. 220. This made the mill an important supply stop for settlers making their way south to the Carolinas. In 1753, for example, Moravian settlers traveling south through the Shenandoah Valley along the Warrior's Path reported stopping to resupply at Evans Mill before continuing on to present-day Winston-Salem Mill Mountain Management Plan Page 12 (Bruce, 1982). Only a few years later, the mill's location would also make it an important regional supply depot supporting various military actions during the French and Indian War. A granary was built at the mill during this time for the stockpiling and distribution of grain. In 1756, George Washington, then a 24-year-old commander-in-chief of the militia, reportedly spent a night at Evans Mill while reviewing fort construction in the Valley (White, 1982). After Daniel Evan's death sometime in the 1750s, his brothers and their descendants apparently kept the mill running for several decades (White, 1982). In the 1790s, William McClanahan, a Roanoke Valley resident and colonel in the Revolutionary War militia, bought the Evans' milling operation. Already one of the largest landowners in the Valley, McClanahan acquired the mill as part ora 3,170-acre land purchase. For almost a century, McClanahan's descendents ran the mill and farmed the surrounding lands until selling portions of their property that included the spring and Mill Mountain in the late 1870s and early 1880s (white, 1982). Little documentary evidence has come to light regarding the McClanahans's management of their land during these decades. In addition to milling and fanning.operations, it is possible that at least a portion of the mountain's slopes were timbered during this time. when the Virginia & Tennessee Railroad laid its tracks through town in the 1850s, local businessman John Trout bought and timbered a portion of Roanoke Mountain, just to the south of Mill Mountain, in order to supply the railroad with ties (White, 1982). It is possible that the McClanahans also saw an opportunity to supplement their income with timber harvested from Mill Mountain. The coming of the Virginia & Tennessee in 1852 marked the ftrst significant growth spurt for the little town then known as Big Lick. Although the event was virtually ignored by most residents, this first shrill call of the steam whistle in town signaled the beginning of a new era in which the quiet farming community would transform into a bustling railroad town. To accommodate the new railroad's route, the town's population center shifted southeast, moving away from the Gainsborough area and closer to Mill Mountain. This area would later become the nucleus of Downtown Roanoke. With the coming of the railroad, Big Lick also became an important manufacturing and distribution center in the region. Warehouses sprang up along the river to store and process the tobacco brought by wagon from Franklin, Henry, Pittsylvania, and Floyd counties before being shipped by rail to Richmond. This industry would ,continue briefly after the Civil War, and by 1874, Big Lick's population had grown to the level required for incorporation (White, 1982). But the wave of growth spurred by the Virginia & Tennessee was only a ripple in a puddle compared to the surge initiated by the coming of a new railroad in the 1880s. Early in the decade, surveyors appeared in the Roanoke Valley to determine a route for the extension of the Shenandoah Valley line south from Waynesboro. The owners of the line, Norfolk & Western, had previously acquired the Virginia & Tennessee and intended to connect the two lines somewhere in the region. Having personally profited from the economic opportunities that came with the Virginia & Tennessee line in the 1850s, Big Lick's civic and business leaders realized the potential windfall that would accompany the building of a major railroad terminal in town. After a frantic series of strategy meetings, the group put together an incentive package that succeeded in convincing Norfolk & Western to join their lines in Big Lick. The little town of Big Lick would never be the same (White, 1982). Mill Mountain Management Plan Page 13 The coming of the Norfolk & Western led to exponential growth, as the town would swell from a total population of just 669 in 1880 to more than 5,000 just four years later. Railroad jobs, including those at the Norfolk & Western machine shops (also known as the Roanoke Machine Works), drew new residents from all over the region. With them came an urgent demand for new housing and city infrastructure. The price of farmland surrounding the small town began to skyrocket. It was in this atmosphere of rampant land speculation that the Roanoke Land & Improvement Company, a real estate subsidiary of Norfolk & Western, would buy up more than 1,150 acres in and around town in order to sell it to developers at huge profits. In March of 1882, the company bought McClanahan Spring from Elijah McClanahan to supply water to the railroad. They also purchased Mill Mountain from local businessman Peyton Terry (owner of Elmwood), who had purchased it five years earlier. Housing for railroad workers began to spring up in the former farm fields between town and Mill Mountain. The demand for building supplies became so great that Big Lick soon exhausted the stockpiles of local lumber suppliers. By 1884, the sleepy little mountain town of Big Lick was granted a city charter as the bustling boomtown named Roanoke. And aside from two brief downturns in the local economy, Roanoke's expansion would continue to run at full steam until the Great Depression hit the City in 1930 (White, 1982). During these frenzied decades of land speculation and profiteering, Mill Mountain's potential value as a recreational and an economic resource did not escape the attention of Roanoke's business elite. Since the earliest days of Big Lick, residents had often hiked to the top of Mill Mountain to enjoy the panoramic views. With the city's population expanding southeast, businessmen saw an opportunity to build on the mountain's popularity as a recreation spot. And like all entrepreneurs in Roanoke at that time, they planned big. In 1891 Roanoke Gas & Water Company acquired Mill Mountain and the lands running up to its western slopes from its sister company, Roanoke Land & Improvement. Although more reseamh is needed into company records in order fully elucidate their intentions, their subsequent development activities suggest that the company envisioned Mill Mountain as a resort/recreational complex, with its foot slopes offering entertainment focused on the City's lower to middle socioeconomic classes and its summit reserved for a more exclusive clientele (Dotson, 2003). In addition to installing water mains throughout the City to provide residents with water from Crystal Spring, Roanoke Gas & Water set about developing the rest of their Mill Mountain land. In the tradition of the region's springs resorts frequented by Southern elites since before the Civil War, the summit was envisioned as a seasonal retreat for the wealthy--a refuge from the heat and summertime diseases that would continue to plague the Roanoke area into the next century. To carry out this vision, the company hired local builder F. D. Booth in 1891 to develop a $10,000 hotel and $2,000 observatory at the summit and provide a graded carriage road up the side of the mountain (Dotsori, 2003). Booth completed a winding dirt road with a 10% slope up the northwestern face of the mountain called Prospect Road. His crews also installed hear3; wooden guardrails along the downhill side of the road to offer a measure of safety on the steep route. Workers were still busily landscaping the summit when the 11-room Rockledge Hotel (hereafter referred to as the Rockledge.Inn, as it was called in more recent years) (Figures 7 and 8) celebrated it5 grand opening on May 3, 1892 with a lavish supper party that included local business leaders and railroad executives from as far away as Philadelphia. Although hastily constructed and somewhat primitive in its appointments, the hotel was praised for its spacious dining porch that allowed guests to enjoy magnificent views along with their meal, its large brick Mill Mountain Management Plan Page 14 fireplaces, and indoor room for dining and dancing. A new carriage stood by to shuttle guests between the train depot and the hotel in comfort. Shortly after its opening, landscaping was completed on the hotel's grounds with the installation of ornamental flowers, rustic benches, and gravel strolling paths. Plans were also developed for a tennis court and croquet grounds behind the hotel (Roanoke Times, May 4, May 28, June 1, 1892). The first observation tower on Mill Mountain also opened at this time (Figure 9). Quite a bit of discrepancy exists in the written record regarding the observation towers, but it appears that as many as three separate towers existed on the summit through the years. The first was constructed with the Rockledge Inn and opened in 1892. An admission fee was charged to all visitors except guests staying at the Rockledge Inn (Roanoke Times, May 24, 1892). The exact location of the observatory on the summit is uncertain, as is its description. Additional research into the original contract between F. D. Booth and Roanoke Gas & Water as well as related company documents may clarify information about this tower. At the same time that Roanoke Gas & Water was improving Mill Mountain's summit, they also set to work developing recreational facilities around its base. A 20-acre public park (Figure 10) was constructed around Crystal Spring. The spring's waters were channeled into a small man- made lake surrounded by turf and walking paths enclosed by a fence. A modest structure was built to serve as a caf6 (Roanoke Times, May 28, 1892). The company also extended Jefferson Street south across the river with the construction of an iron bridge. This improved access to the Crystal Spring/Mill Mountain area. Crystal Spring would remain a popular park for residents for decades to come, and citywide celebrations such as those for Labor Day or the Fourth of July were often held there (Roanoke Times, August 13, 1910). But despite the success of Crystal Spring, the summer resort at the summit of Mill Mountain failed to attract a steady flow of guests. Several possible reasons existed for the Rockledge's failure. Certainly, the 2- to 3-hour carriage ride along the dangerously winding dirt road did not help business. Additionally, the cost-conscious construction of the hotel had left the guestrooms noisy and lacking in modem conveniences (Barnes, 1960). In addition, the mountain's proximity to the city, although an asset for the park at Crystal Spring, worked against the Rockledge's billing as an exclusive, upscale resort. Even working-class residents who could not afford to stay or dine at the hotel could easily hike to the summit for an afternoon (walking to the summit was reportedly much quicker than taking the carriage). Many of Roanoke's well-to-do preferred to recreate at McAfee's Knob instead. The remoteness of this spot from the City combined with the difficulty of the climb proved to be a formidable barrier to all but the wealthiest residents, who typically climbed to the overlook by horse and mounted elaborate picnics and overnight camping trips (Dotson, 2003). Finally, timing did not favor the Rockledge, as the effects of a national depression were felt in Roanoke shortly after its opening. The financial downturn slowed growth in Roanoke temporarily, and certainly contributed to the closing of the Rockledge Inn in 1893, after only its second season of operation (White, 1982). By the mm of the century, however, Roanoke's economy was back on track. The Norfolk & Western Railway, which had encountered financial problems during the previous few years, emerged from receivership with new vigor. By 1900, Roanoke ranked as Virginia's third largest city behind only Richmond and Norfolk and was home to the largest locomotive manufacturing operation in the South (Brace, 1982; White, 1982). The upward trajectory of the City's financial Mill Mountain Management Plan Page 15 health was also reflected in new development projects on Mill Mountain. In 1900, Roanoke Hospital opened at the northwestern foot of the mountain (where Roanoke Memorial stands today). When the City ran short of funds before construction was completed, Norfolk & Western Railway, which had donated land for the hospital, also provided funds to complete construction. Although the Rockledge Inn had failed as an exclusive resort, the park at Crystal Spring was still quite popular. By 1902, the Roanoke Railway & Electric Company decided to develop another park on the slopes just south of Crystal Spring (east of present-day Jefferson Street and extending south to the current location of Fern Park). Whereas Crystal Spring hosted primarily passive forms of recreation, Mountain Park (Figures 11 and 12) was conceived of as a place of active recreation and entertainment. It would offer a range of attractions that would appeal to a broad spectrum of residents, from "common" pastimes such as bowling and baseball to more "gentile" activities such as dancing and theatrical productions. The first building constructed within the 40-acre park was an 800-seat theater for live performances and moving pictures referred to as the Casino (Figure 13). The Casino would host a variety of national and international performers, including the famous tenor of the Metropolitan Opera Enrico Caruso in 1910 (Roanoke Times, July 3, 1910). The city street car was extended along Jefferson Street to within 20 feet of the Casino's front steps. Developers also built an extravagantly lit dance pavilion that contained a soda fountain, amade-style concession booths, and a 9,000-square-foot maple dance floor (Figure 14). By 1904, the park also offered a bowling alley, baseball field, and picnic areas. Eventually, a rollercoaster (Figure 15) called The Thriller was added (Bruce, 1982; Roanoke Diamond Jubilee, 1957). Although Mountain Park, like the park at Crystal Spring, was successful because of its convenient access by street car and its varied set of activities, it is important to acknowledge that one large segment of Roanoke's population was barred from both parks as well as from the developments on Mill Mountain's summit--the African American community. As in most of the South, Roanoke adopted Jim Crow policies that segregated the races in all aspects of city life. For the most part, black Roanokers were forced to develop their own venues for entertainment and recreation within the City. Only rarely did Mountain Park offer "colored days," during which African Americans were allowed access to the park's amenities, and then only with ample warnings and apologies to white patrons (Dotson, 2003). Until integration, Washington Park would remain the only City park open to African Americans. In 1908, Roanoke experienced another short-lived financial downturn, and just as it had 15 years earlier, Norfolk & Western fell on hard times and was forced to lay off many Roanoke employees. By the next year, however, the economy was rebounding, and local investors were again looking to turn the recreational opportunities on Mill Mountain into profits. In November 1909, Mill Mountain Incline Incorporated was formed by a group of local investors including J. B. Fishburn (who would later donate Mill Mountain to the City). The company planned to build an incline railroad from the vicinity of Crystal Spring and Mountain Park, just south of the hospital, to the summit of Mill Mountain. They also planned to purchase the summit from the Roanoke Gas & Water Company in order to build a larger, more modem lodge that they hoped would be more attractive to an upscale clientele. Investors believed the incline would solve the summit's access problems by reducing travel time to the mountain top from a few hours to a few minutes. The company also hoped that the location of the incline terminal near the heavily patronized Mountain Park and Crystal Spring would drastically increase ridership among day- trippers. Thus, before the decade was over, development had resumed on Mill Mountain. Mill Mountain Management Plan Page 16 The incline company contracted with the Roanoke Iron Company for fabrication of the incline's rails, and J. G. Brill Company of Philadelphia, a prominent street car manufacturer, built the electric pulley assembly and the two cars. Although Mill Mountain Incline Incorporated initially estimated construction costs for the 1,000-foot-long incline at $15,000, the company would ultimately spend $40,000 for its completion (Figures 16 and 17). Despite the cost overruns, the Mill Mountain Incline's opening day on August 14, 1910 seemed promising, as 1,500 people lined up to make the 25-cent roundtrip on the novelty (Diamond Jubilee Program, 1957). Concurrent with the construction of the incline, the company also leased the Rockledge Inn and tried to renovate it as best they could. Within a few months of opening the incline, the company would try several times to purchase the summit from the Roanoke Gas & Water Company in order to pursue their plans to build another hotel. The utility company, however, refused to sell. By 1911, the incline company had completed renovations of the landscape at the summit, adding new strolling paths, benches, and swings. The company also turned its attention to the observation tower on the mountain, but the historical documentation is again contradictory as to whether it simply refurbished the 1892 tower or constructed a new one (Brace, 1982; Dotson, 2003; White, 1982). Whichever the case, the company certainly added an electric searchlight and a telescope to the tower's observation level. They also opened a girl shop on its first floor that sold, among other Mill Mountain souvenirs, postcards produced by the print shop owned by Edward Stone, one of the principal investors in the incline. Once again, the mountain top was ready for business and poised to become a successful tourist destination. Yet after the incline's first year of operation, business began to slide. Unsuccessful in their attempts to acquire the summit from Roanoke Gas & Water, the incline company's leaders feared that the small, outdated Rockledge Inn would never draw the number of visitors necessary to earn a profit. As the hoped-for influx of tourists failed to materialize and the novelty of the incline for local residents wore off, ridership on the incline began to decline. By 1912, the company was paying more in operating expenses for the hotel and incline than it was taking in. In an attempt to boost patronage, several of the company's principal investors supported placing a large electric sign at the summit to promote the incline and the City. This plan, however, drew immediate and intense criticism from the Roanoke Chamber of Commerce, and the Roanoke Gas & Water Company refused to permit the sign on its land. Perhaps as an omen of the financial collapse to come, the observation tower at the summit blew down on March 3, 1914 after a violent wind storm. It would be rebuilt later in the same year (Figure 18) (Roanoke Times, March 3, 1914). After holding on for several years in the hope that business would improve, the incline's investors decided to sell out in 1919, and Roanoke Gas & Water purchased (and continued to operate) the $40,000 incline for $7,000. Although the incline company's vision of Mill Mountain as a major tourist destination had never materialized, the land would not sit idle for long before attracting the next investor with a dream for capitalizing on the mountain's assets. By 1920, Roanoke Gas & Water was ready to extricate itself from the hospitality business on Mill Mountain and sold its property, including the incline, to the Mill Mountain Corporation, which was owned by William P. Heuritze and his brother John (Roanoke Times & World-News, June 5, 1980). Like the original investors in the incline, Henritze believed that a profitable resort development was still possible on Mill Mountain, especially if it evolved in conjunction with the Mill Mountain Management Plan Page 17 development of a residential complex on the mountain's slopes. The idea of residential development on the mountain certainly seemed profitable at the time. Roanoke's population had expanded to 50,000 by 1920 (White, 1982), and the City had annexed its southern suburbs up to and including the western slopes and summit of Mill Mountain in 1915. Part of this expansion was fueled by American Viscose Corporation's rayon manufacturing facility, which opened in 1917 and would add a total of 5,000 new jobs to the City's economy within a decade. Even the popular Mountain Park became a casualty of the inflated land prices caused by the new housing demands. The park would close in 1923 and be subdivided for the "high-class" residential subdivisions named Clermont Heights and Mountain Park (Roanoke Times, August 25, 1924). With the city again growing at a rapid rate, Hendtze would build Mill Mountain into a successful recreational facility--if only for a brief time. Shortly after purchasing the mountain, Henritze's Mill Mountain Corporation set to work building a $90,000 scenic toll road roughly along the same route as the older carriage road built to the Rockledge Inn. By this time, mass-production had made the automobile affordable for more Americans, and driving was quickly becoming one of America's favorite leisure activities. With the opening of his toll road on August 30, 1924, Henritze was well-positioned to capitalize on the new craze--if only at the modest rate of 25 cents per car. The road, which was advertised as Roanoke's greatest attraction (Roanoke Times, August 30, 1924), was indeed state-of-the-art for its time. It was reputed to be the longest continuous 6% concrete road in the world and featured a "loop-the-loop," at which the road passed over itself by means of a large concrete culvert (Figures 19 and 20). (Figure 21 depicts a portion of a 1926 Roanoke city map that includes Mill Mountain, the new road, and the incline.) William Henritze would soon build his personal residence, which he named Rockledge, in the bare spot next to the loop. The road was a comfortable 18 feet wide, but expanded to 30 to 40 feet across at the sharpest curves. As an additional safety measure, it was bordered by a strong guardrail constructed from iron railroad rails and cables and locust posts. But even these precautions did not prevent several drivers from wrecking their automobiles along the road. The winding road among the treetops proved to be a success. Toll records indicated that 20,000 cars per year were still using the road by the late 1930s (Sponaugle, 1940). In addition to attracting scores of local residents, the road also succeeded in drawing some driving enthusiasts from a wider region. In 1933, for example, Chet Miller set a speed record of I minute and 37 seconds to'the top of Mill Mountain on the road in his Essex Terraplane car. The popularity of the toll road soon eroded the incline's remaining business. Mill Mountain Corporation closed the incline permanently in 1929 and sold it for scrap in 1930. One era's novelty had been supplanted by another's. Decades of exponential grox~th and profiteering in Roanoke suddenly derailed in 1929 and 1930 as America was gripped by the Great Depression. The presence of the railroad and Americ/~n Viscose, however, helped insulate Roanoke from its worst effects. Although Roanoke's unemployment rate reportedly never rose above 2% during this time (White, 1982), numerous businesses in the City went bankrupt (Bruce, 1982). Facing financial uncertainties, Roanoke decided to postpone its Golden Anniversary celebration for two years, until 1934, hoping for brighter financial times (White, 1982). Mill Mountain Management Plan Page 18 The financial troubles gripping the City also reached Mill Mountain. In addition to the demise of the incline, the Rockledge Inn permanently closed in 1929 (Roanoke Times, July 13, 1995). Financial difficulties prevented William Henritze from pursuing his vision of a residential/resort complex on Mill Mountain beyond the toll road and his Rockledge mansion. Facing bankruptcy by 1932, Henritze offered to sell Mill Mountain (with the exception of his residence) to the City for $165,000. With its own finances on shaky ground, however, the City declined (Sponaugle, 1940). Two years later, creditors foreclosed on the property, and the mountain was bought for $50,000 by a group of investors affiliated with Washington & Lee University. This group also offered the mountain to the City--this time for $75,000. Again, the City felt it could not allocate such a large sum of money and declined (Sponaugle, 1940). Two years later, in 1936, perhaps to signal the failure of another attempt at developing Mill Mountain, the observation tower at the summit was again destroyed--this time by fire. Unlike the last time, however, it would not be rebuilt. It was indeed the end of an era for Mill Mountain. For the next several years, little attention was paid to Mill Mountain as the City concentrated instead on rebuilding its financial house. The year 1941, however, would mark a pivotal moment in the history of Mill Mountain: its transition from private to civic ownership. In that year, Mr. and Mrs. Junius B. Fishbum purchased Mill Mountain from Washington & Lee University and conveyed !00 acres to the City of Roanoke to be developed as a park. Fishbum, often referred to as Roanoke's First Citizen, had come to Roanoke as a young man to work in his uncle's grocery store. Despite lacking any formal education, he built several successful city businesses, including the local newspaper (the Roanoke Times) and the City's most successful bank. Before his death in 1955, Fishbum would donate about 175 acres on Mill Mountain to the City, in addition to land for. severa} other parks throughout Roanoke (Brace, 1982). (See Figure 22 for a map of land acquisitions, including the Fishbum lands, that have created the existing Mill Mountain Park.) Although the transfer of the property from private hands to the City was easily accomplished on paper, the shift in attitude required of the City to fulfill the Fishburns's vision for a public park would take several decades to accomplish. After 50 years of leaving the fate of the mountain in the hands of businessmen and developers, the City was now thrust into the unfamiliar role of guardian of the mountain and of the public's interest regarding the mountain. This new role was made necessary by the deed restrictions the Fishbums attached to the land to ensure that the mountain would be "developed and forever preserved, improved, and maintained for the use and pleasure of the people of the City of Roanoke, Virginia, and vicinity." The City would now have to make its presence felt on the mountain in order to see that the Fishburns's directives were respected. The City had failed to act once before on a proposal to make Mill Mountain a public park. The idea had first been suggested by prominent landscape architect and planner John Nolen in 1907, who was hired by the Woman's Civic Betterment Club to develop a citywide master plan for Roanoke. Nolen proposed a linear greenway connecting Downtown Roanoke to a major city park on Mill Mountain. Little of Nolen's plan was ever implemented. The City would leave the development of Mill Mountain, as well as the rest of Roanoke, to private entrepreneurs. But aRer 1941, the City would not have the option of simply ignoring the Fishbum land grants and their conditions. Mill Mountain Management Plan Page 19 Perhaps uncertain of how to carry out its new leadership role, the City would continue to leave development on the mountain to private interests for many years to come. This is evident in the first major project undertaken on Mill Mountain during the City's ownership: the Roanoke Star. Its development was initiated and carried out wholly by Roanoke's business community. Although previous development schemes on the mountain had typically been couched in terms of civic pride and public improvement, the driving force behind them clearly remained the prospect of financial gain. The birth of the Roanoke Star was no exception to this. On Thanksgiving Eve in 1949, the now-famous neon Star on the northern portion of the summit was lit for the first time (Figure 23). Conceived of and funded by the Roanoke Merchants Association as a Christmas decoration designed to tie in with the star decorations hung along the City streets, the group described the project as an expression of their civic pride. But certainly, the Merchants Association and the numerous City businesses that contributed a total of $27,000 to the project also hoped the 88½-foot-tall neon star would attract curious Christmas shoppers to Roanoke from throughout the region (Roanoke Times & World-News, 1982). Whether the 1949 holiday shopping season broke any records for Roanoke merchants is unknown, but the Star quickly received so much favorable press that the Merchants Association decided to pay to keep it lit year-round. Although the Star would ultimately take on a symbolic life beyond the intentions of its creators, the process of its development clearly illustrates that the business community was still the driving force behind development on the mountain. Although the City was still absent from the mountain, the transfer of the property to the public sector opened the door for another set of stakeholders to take an active role on the mountain. By the 1950s, community volunteer organizations had become a major presence on Mill Mountain and began initiating civic improvement projects. In 1952, for example, the Roanoke Civitan Club built the Mill Mountain children's zoo (Figure 24), and the Jaycees contributed the miniature train known as the Zoo-Choo that still circles the zoo today. In the early 1960s, a group of citizens also remodeled the dilapidated Rockledge Inn. Using seats donated from a local movie theater, they converted what had been a seldom-used recreation center into a live theater for the Mill Mountain Players. The theater would remain on the mountain for twelve years until the Rockledge was destroyed by fire in 1976 and the group relocated to Center in the Square. In the 1970s, the Mill Mountain Garden Club, which was originally founded in 1927, initiated a plan to install a wildflower garden at the summit. The prominence of civic organizations in this era of Mill Mountain's development is also consistent with the active role they played in the community as a whole at this time. In 1952, Roanoke was named one of eleven All-America Cities in the nation based several community improvement projects initiated by volunteer groups, including a clean up of the Roanoke River and construction of a new library, a downtown parking garage, and a Negro high school (White, 1982). Roanoke's early years as a boom town had led to such rapid population growth that city services and infrastructure often could not keep up. As a result, by the man of the century, the Woman's Civic Betterment Club had been formed to address many of the social and sanitation problems that plagued the City. In the process, they had set a precedent for spearheading community improvement projects by volunteer organizations. The 1950s and 1960s saw a resurgence of these groups, as Roanoke's downtown faced a new set of challenges. Suburban sprawl had triggered the slow decay in Roanoke's urban core. Downtown stores were vacant, and residents were leaving the City. Volunteer groups mobilized. By 1960, the City had developed its own list of projects it hoped would reverse the process of decay. With the City's attention Mill Mountain Management Plan Page 20 focused on the Downtown, Mill Mountain would be left in the hands of civic organizations as well as the business community for the next several years (Roanoke Times & World-News, 1982). Mill Mountain would languish for another decade without any overarching direction. By the early 1960s, the City began to mm its attention back to Mill Mountain, and it seemed ready to take a more active role in determining the future of the park. Yet vestiges of the old profit-driven development mentality on the mountain remained, and with the financial woes of the Downtown still a concern, City officials began to look to Mill Mountain as a potential revenue generator for the City. As a result, twenty years into the City's ownership of the mountain, the generation of revenue was still driving development, and the City's fa'st concerted efforts in the park would be virtually indistinguishable from the grand schemes for resort complexes pursued by the private companies that had once owned the mountain. Like these earlier plans, the City hoped to generate revenue by drawing visitors fi.om outside the City--this time via the newly completed Blue Ridge Parkway. As a first step in transforming this vision to reality, the City joined with the Chamber of Commerce in negotiating with the U.S. Park Service to build a connecting roadway between the Blue Ridge Parkway and Mill Mountain. The hope was that the new Mill Mountain Spur Road would draw Parkway tourists to Mill Mountain and Roanoke. With an agreement for the road in place, the City then hired landscape architect Stanley Abbott in 1965 to develop a master plan for Mill Mountain (Andrews, 1973). Abbott was a logical choice for this task because, years earlier, he had also designed the Blue Ridge Parkway. Consistent with the new vision the City had for the park, Abbott's plan presented Mill Mountain as an extension of the Parkway in both form and fimction. The plan accommodated an anticipated 6,000 visitors per day (Rhodeside & Harwell, 1991). Abbott's plan called for intensive development of the summit and slopes of Mill Mountain. In addition to mils, picnic areas, and naturalistic landscaping with native shrubs and trees in keeping with the Parkway aesthetic, the plan included parking for 1,000 cars midway up the mountain with a tramway to the top, a bird sanctuary, ski slope, and zoo upgrade. In addition, he proposed moving the Roanoke Star to Read Mountain in order to make room for a large building complex on the summit's north brow that would include a visitor center, a vista restaurant with seating for 300 people, a 60-room lodge, and a theater for 250 people. Much of the construction and operating costs were to be financed by private development companies. City Council approved the plan and appointed the Mill Mountain Development Committee to spearhead its implementation. According to newspaper accounts, however, the committee never met, and no further action was taken on the $4 million plan (Andrews, 1973). But equally consistent with historical precedent, the City's business community was ready to step in. After nearly two years of inactivity by the City's Development Committee, the president of the Roanoke Chamber of Commerce recruited local businessman M. Carl Andrews to head a special committee to spur development on Mill Mountain. This committee was called the Mill Mountain Park Committee. Within a few months, the City's committee was also revived, and the two groups soon merged into the Mill Mountain Development Committee with M. Carl Andrews as chair (this group would later be renamed the Mill Mountain Advisory Committee). The newly blended committee then asked the City Planning Department to revise Abbott's two-year-old plan as a first step in pushing forward the development process (Andrews, 1973). Mill Mountain Management Plan Page 21 By the end of the 1967, the Department of City Planning released its Master Development Plan: Mill Mountain Park. This revised plan retained many of the features Abbot had proposed, but in a scaled back form. Certainly, cost was a major limiting factor in the development of the new proposal. As in Abbott's plan, responsibility for the bulk of the development on the summit would fall to private enterprise, further reducing the City's costs (and also the City's control of the project) from an estimated $2.4 million in the original plan to $312,000. Additionally, the 1,000-space parking lot that Abbott sited lower on the mountain (and connected to the summit by tram) was divided into three separate lots located on the top of the mountain. This was proposed, in part, to provide faster access for patrons of the Mill Mountain Theatre. In 1969, the Mill Mountain Development Committee sent the revised master plan to City Council with its recommendation for approval. The only amendment to the plan stipulated that the Old Toll Road should remain open to cars, although construction of the J. B. Fishbum Parkway was identified as a priority because of the deteriorating condition of the older road. Developing a summit restaurant was also stressed as a priority, and although there was some disagreement regarding the construction of a hotel on the mountain top, the committee recommended using the possibility of a hotel as a negotiating point to encourage development of the restaurant. City Council approved the updated plan, but it simply recommended that the elements of the plan be carried out "from time to time" (City Council Resolution No. 18608, Rhodeside & Harwell, 1991). Despite the Council's less than enthusiastic endorsement of the master plan, some development did begin on the mountain. In 1971, construction was completed on the J. B. Fishbum Parkway, a 1.6-mile road that replaced the Old Toll Road as the primary route from town to the summit. The Mill Mountain Development Committee also began looking for a developer to build a restaurant and possibly a hotel on the summit. In 1972, Ken Wilson Associates, the developers of the Groundhog Mountain resort on the Blue Ridge Parkway near Hillsville, voiced their interest in the project, with the stipulation that they first conduct an economic feasibility study (at the City's expense). When the study finally reached the Development Committee and City Council in 1974, however, the groups were dismayed to discover that rather than an economic feasibility study, the firm had submitted an alternative development proposal. Rather than advancing the development process, the Development Committee and City Council were forced to reconsider the development plans they had already approved in light of this new proposal (Rhodeside & Harwell, 1991). Despite this frustrating tum of events, the unexpected submission by Ken Wilson Associates may have ultimately benefited the development process by stimulating further debate and helping the Development Committee and City Council refine their vision for Mill Mountain. Although the Wilson plan was never appr6ved or pursued, some of the new ideas it proposed would nevertheless exert a strong influence on subsequent development plans for the mountain. Fbr example, unlike the previous two master plans, which emphasized drawing Parkway visitors to the mountain, the Wilson proposal concentrated on strengthening the park's connection to the City. The plan was also the first to recognize the Star as a Roanoke icon and recommend that it remain on its traditional Mill Mountain home. It also proposed that the Old Toll Road become a pedestrian-only route. These elements would all become important features of development plans later approved for the mountain. Mill Mountain Management Plan Page 22 ! But the Wilson plan would also have the distinction of being the last plan to propose intensive development of Mill Mountain. Like the previous two master plans, this proposal called for a building complex on the northern portion of the summit. This cluster of structures would include a restaurant, ski lodge, and gift shop. In addition, a portion of the mountainside would be clear- cut for a ski slope covered in "polysnow" for year-round skiing. During the review of the Wilson plan, however, the Development Committee's enthusiasm for the grand development schemes of old began to fade. The exact reasons for this shift are unknown but most likely stem from a combination of many factors. Certainly, the committee's frustration over the developer's failure to deliver the promised economic feasibility report predisposed the group to view the master plan with skepticism. Perhaps the committee had also begun to grasp what businessmen in previous eras had learned the hard way--that despite its recreational opportunities, the mountain could not sustain a profitable tourism business. Additionally, the nationwide environmental movement that had started with Rachel Carson's Silent Spring in 1962 may have begun to influence public sentiment in Roanoke and changed committee membem' perceptions of the effects of intensive development on the mountain. Whatever the causes, in a January 3, 1975 report to City Council, the Mill Mountain Development Committee indicated that its support for a hotel on the north brow of the mountain was eroding. The group also voiced concern that removal of the Star from the mountain in order to make room for more development would probably be unpopular with the public. And although they still supported construction of a restaurant, the committee also began to voice a desire for less invasive development on the mountain top. They maffLrmed their support for the wildflower garden to be installed by the Mill Mountain Garden Club and requested funding for additional landscaping and beautification on the summit (Rhodeside & Harwell, 1991). By the late 1970s, the 1,ong-standing quest to develop the park as a source of revenue~whether to fill private or public coffers--had fallen out of favor. The City seemed to be on the cusp of adopting a new approach to Mill Mountain. By the 1980s, a new attitude toward decision-making on the mountain began to emerge. With the quest for revenue no longer driving development, a new guiding principle for the park had to be found. The needs of park users began to move to the fore of planning and development activities on Mill Mountain. This transition from profit-driven to patron-driven development was also occurring across the City's planning efforts as a whole, and reflected a national trend toward greater government accountability to citizens, including the opening up of the urban planning process to meaningful public participation. In 1981, for example, the Parks & Recreation Department developed a master plan for the parks system entitled Roanoke's Parks: Today and Tomorrow. This plan established the City's first process for gathering community input on issues of park planning, construction, and maintenance. The plan also began to articulate a concrete vision for the citywide park system based on user input. Planning implications of this user- centered approach included an expansion of educational and recreational programming in response to residents' changing recreational interests and an increased emphasis on the environmental health of the park system in response to growing public concern for the environment. It was within this general atmosphere that the Mill Mountain Development Committee and City Council revisited the language of the Fishbum deed restrictions. Through the lens of this new era, the Fishburns's wishes seemed to necessitate that the City engage the public more actively in the planning process. If the mountain were truly to be "for the use and pleasure of the people of the City of Roanoke, Virginia, and vicinity," then certainly the City would need to understand Mill Mountain Management Plan Page 23 what patrons wanted in the park. The results of this first attempt at gauging the public's desires resulted in several specific recommendations for Mill Mountain Park in the Today and Tomorrow document. These included development of nature and fitness trails on the forested slopes of the mountain and creation of two additional scenic overlooks. Construction of a modest restaurant near the picnic shelter was also proposed in the document. Although restaurants had been a consistent element of development proposals on the mountain since the Rockledge Inn opened in 1892, this plan was the first to suggest a restaurant as a way of better serving park patrons rather than simply a way of generating revenue. This is not to suggest, however, that the cost-to-profit ratio of the restaurant would not have been considered at all, simply that in a patron-oriented development philosophy, economic viability would not be the primary consideration. Under this user-centered philosophy, the City began to implement a series of park enhancements designed to improve patrons' overall experience on Mill Mountain. In a two-phase process from 1983 to 1987, renovations on the mountain included landscaping upgrades, new park furnishings, underground placement of overhead power lines, the opening up of new views off the mountain, and the conversion of some vehicular roads to accessible pedestrian paths. The present-day parking lots were also constructed at this time. The City also completed construction of a permanent restroom facility with an information kiosk, realignment of the park entrance road at Fishbum Parkway and improvements to the picnic area. With many of the short-term issues in the park addressed, by the start of the 1990s, the City was also ready to take a more proactive role in determining the park's long-term future. In the preceding years, City Council had reviewed many development proposals from private companies and community groups for projects on Mill Mountain. These proposals included a restaurant, a national D-Day memorial (which would eventually be built in Bedford), a zoo expansion, and a new incline railway. Yet the City still had no concrete development criteria on which to base decisions about future development. In 1990, the City hired the landscape amhitecture finn of Rhodeside & Harwell to gather public input and conduct an in-depth site analysis in order to generate a set of development criteria for the park. The results of the firm's work indicated that preservation and enhancement of the natural character of the mountain with the development of compatible forms of recreation should be the main thrust of any future development. Rhodeside & Harwell then developed a detailed set of criteria that is still in use today. With the Rhodeside & Harwell work, an important step was taken in defining the park's future with not only the mountain's natural environment in mind but also the needs and wishes of park patrons. By 1996, the City felt it was time to build on the work begun by Rhodeside & Harwell and establish official language describing the vision for Mill Mountain Park. As a first step in this process, Mayor David Bowers hosted a "Summit on the Summit" and momentum began to build. By 1997, after a visioning retreat, the Mill Mountain Development Committee presented the newly crafted vision and mission statements for the park to the City Council. With the acceptance of this report by Council, the Development Conunittee hired the landscape architecture firm Hill Studio to provide a conceptual design plan that would bring the park into better alignment with its newly crafted vision. Hill Studio was asked to address numerous improvements, including the renovation of the existing restroom structure into a welcome center, the construction of a picnic shelter and playground, and identification of an area suitable for a Mill Mountain Management Plan Page 24 concert lawn. At a public meeting held in October of 1997 to discuss the improvements, citizens enthusiastically endorsed the proposal. After several revisions, the plan was approved by the Mill Mountain Advisory Committee (formerly known as the Mill Mountain Development Committee) in December 1997 and by the City Council in April 1998. Currently, the City continues to implement the plans established in the 1990s. The award- winning 2,200-square-foot Discovery Center and the picnic shelter were completed in 2001. A park supervisor was hired in 2001 to oversee the park and the Discovery Center and to develop additional educational programming focused on Mill Mountain's unique natural environment. Additionally, conceptual design plans for a "children's adventure area" near the picnic shelter are under development by Parks and Recreation. This customized play environment will be designed to both capture the mountain's natural character and to also provid, e a holistic sensory adventure for children of all ages and abilities. The City has also worked hard to develop projects not in the Hill Studio plan as they respond to the needs of park user groups. For example, when the 1995 Conceptual Greenway Plan developed by Greenways Incorporated documented strong public support for development of a citywide greenway system, the City moved to begin greenway construction, including designation of the Mill Mountain Greenway from Downtown Roanoke to the summit of Mill Mountain. This greenway had been identified in Greenways Incorporated's plan as one of eleven high priority segments in the City. The Mill Mountain Star Trail, built by volunteers, was completed in 1999 to serve the park's hikers, especially as a route of passage to the summit for Roanoke's more eastern residents. This work will also continue through the trails management plan included with this Management Plan by providing a strategy for making Mill Mountain's trail system not only more ecologically sound and sustainable, but also more responsive to user needs, including those of mountain bikers, hikers, bird-watchers, naturalists, and educators. Through the stewardship of Roanoke Parks and Recreation, Mill Mountain will continue to expand upon its unique opportunities to reach beyond its own borders and involve citizens in development and maintenance decisions and activities. The planning documents that currently guide City development also adv .ance the model of patron-driven development. The Comprehensive Parks & Recreation Master Plan developed by the City Parks & Recreation Department in 2000 considers the goals and objectives of Roanoke's Parks & Recreation system for seven to ten years. Eleven broad action strategies have been developed to help the department achieve this vision. In general, key aspects of the plan include continued support for trails and greenways; continued development of programming, especially for children, teens, families, and seniors (age groups projected to expand in Roanoke in the next ten years); further maintenance and upgrades to park facilities and landscapes; greater citizen input; and greater emphasis on environmental stewardship through the planning and design process. The citywide master plan entitled Vision 2001/2020: Planning for Roanoke's Future Economic Development, Neighborhoods, and Quality of Life (2001) is the strongest statement to date for a citywide citizen-centered development approach. In stark contrast to the early railroad days of the City in which profits drove urban development, this master plan supports economic vitality as a means to an end, rather than an end in itself. The primmy goal for the City, it states, is to make Roanoke a "livable community" for its residents. Rather than developing amenities in Mill Mountain Management Plan Page 25 order to create profits, Vision 2001/2020 encourages the generation of revenue in order to fund amenities and improvements that increase the quality of life for residents. With its current master plan, the City has codified an important shif~ for the benefit of its citizens. Mill Mountain has matured alongside the City of Roanoke. From the earliest settlement of the region, the mountain has figured as an important community resource, whether for its natural resources or its recreational opportunities. The evolution of the major development trends on the mountain--from private profit to public revenue to user preference--can also be traced in the City of Roanoke as a whole, as it has transitioned from a railroad boom town to a diversified modem economy. Over the years, the mountain has responded to its patrons' changing cultural attitudes--from recreational opportunities restricted by class and race to the rise of environmentalism--and changing recreational preferences--from driving to hiking to mountain biking. Mill Mountain has also become a vital environmental resource for Roanoke by providing contiguous habitat for plants and animals and helping to protect the air and water quality of the region. Although the nature of Mill Mountain's importance to the community has changed over the centuries, its significance to the community has not diminished. Just as native peoples and the first European settlers depended on the mountain's natural resources to sustain their physical existence, Roanokers now rely on Mill Mountain to sustain their spirit. The history of city and mountain are inseparably linked, as is their future. PART V EXISTING CONDITIONS: INVENTORY & DESCRIPTION In Section 3 of this management plan, the significance of Mill Mountain Park is discussed. Previous Mill Mountain plans have emphasized the importance of the mountain as a visual resource, as a natural resource (suggesting its ecological values), as a symbol of Roanoke, and as a place for recreation. Mill Mountain plays a critical role in many different "systems" in the City of Roanoke, to understand these roles, one must look beyond the boundaries of the park and consider the park's connections to the City itself and the greater region. Mill Mountain is part of an urban system - including the City's social and economic systems. It is nearly surrounded by urban development and is linked to th6 City's neighborhoods (Figure 25). The evolving greenway system strengthens this connection between the Mountain and city residents. The existing Mill Mountain Greenway and the Star Trail create connections to the City, and the Roanoke River G~eenway, under development, will provide greater access to Mill Mountain. The scenic quality of Mill Mountain, its uniqueness as a mountain within city limits, and the recreational opportunities it provides are values that the city dwellers in Roanoke cherish. Mill Mountain is a critical part of not only the City's park system, but also the regional park system. Mill Mountain is also an important component of the region's ecological system. Figure 26 depicts ecological connections between Mill Mountain and the surrounding area. By examining this map, it is clear that Mill Mountain'offers a respite for urban wildlife (it is the City's largest forested patch): In the region, other larger natural areas like the Jefferson National Forest, Carvins Cove, and Havens Wildlife Management Area provide the most significant ecological "hubs," but the linear features like the Roanoke River and Tinker Creek and the City's parkland, Mill Mountain Management Plan Page 26 especially Mill Mountain and Yellow Mountain, offer a way to extend habitat into the City and to points south. Mill Mountain Park offers important urban wildlife habitat and other ecological services, like benefits to air quality and urban stormwater because of its tree cover. In short, Mill Mountain is significant both for its many contributions to the urban environment and its role in the regional ecosystem. The following sections discuss in detail .the specific characteristics of Mill Mountain Park. These characteristics are divided into natural resources, cultural resources, visual characteristics, and park programming and recreational facilities. NATURAL RESOURCES TOPOGRAPHY~ GEOLOGY~ & SOILS The topography, geology, and soil types of Mill Mountain have been analyzed in terms of their suitability for development. In general, the topography, geology, and soil types of Mill Mountain present formidable constraints for future development throughout.the park. Most of the mountain consists of steep slopes (15% and greater) and fragile soils, which present potentially serious erosion problems as well as higher costs of development in terms of grading and drainage. In addition, on much of the mountain, the bedrock is estimated to be no more than 5 feet under the soil surface, so any extensive grading and construction would likely require blasting (Rhodeside & Harwell, 1991, p. 25). Elevation. Figure 27 is an elevation map of Mill Mountain with the major drainage swales delineated. Elevation in Mill Mountain Park ranges from 896 feet to 1800 feet. Slopes and Topography. Consistent with Rhodeside & Harwell's (1991) site analysis, slopes (Figure 28) have been divided into categories of 0-8%, 9-15%, 16-25%, and over 25%, although this fourth category has been further divided into 2 parts - 25%- 40% and greater than 40% to distinguish the steepest areas on the site. Maintaining consistency with the Rhodeside & Harwell plan regarding slope categories makes it easier for the City to use the Rhodeside & Harwell development criteria in the future if it chooses to do so. · 0-8%: These relatively flat areas present fewer development constraints than the remainder of the site. · 9-15%: Development in these areas would likely require terracing, regrading, and installation of drainage features. Limited development may be acceptable in some of these areas. · 16-25%: These areas would require extensive regrading, which in turn would have a major impact on drainage and soil erosion. Development is not recommended in these areas. · 25-40%: Such steep slopes are best preserved as vegetated open space. Removal of vegetation may lead to slumping and severe erosion problems during moderate to heavy rains. · Greater than 40%: These slopes are the steepest on the site. Like the category above, these areas are best preserved as vegetated open space. Mill Mountain Management Plan Page 27 As Figure 28 and Table 1 indicate, 69% of the mountain consists of slopes greater than 25%, and these areas are not suitable for development. Gentler slopes under 15%, which total 12% of the park land area, are found predominantly at the summit, where extensive grading has already occurred, along the saddle area on the southern portion of the mountain, and in the lower elevations on the east and southeast side of the mountain. Table 1. Land area in each slope ( ategory Percent of Percent slope Area (acres) land area 0 - 8% 21 4 9 - 15% 45 8 16 - 25% 109 19 26 - 40% 206 36 Greater than 40% 187 33 568 100 Geology. Mill Mountain is capped by the Antietam (Erwin) quartzite in a large outlier of the Blue Ridge thrust sheet now eroded back to the Blue Ridge Mountains on the southeast side of the Roanoke Valley (Henika, 1997). The Mill Mountain thrust sheet has been preserved on the gently dipping southeast anticlinal limb of the Crystal Spring structure and in a synclinal trough to the southeast of Mill Mountain. Several other smaller outliers of the thrust sheet form quartzite cappings on hills in the densely developed South Roanoke residential areas. Large quartzite blocks and boulders left on the steep slopes above homes in this area may constitute natural hazards because of potential landslides during Hurricane Camille-type storms or seismic events following the documented seismic history of this part of southwestern Virginia. The Antietam (Erwin) Formation is the uppermost unit of the Cambrian Chilhowee Group of metasedimentary and metavolcanic rocks recognized by the Division of Mineral Resources in the Roanoke area and along the Blue Ridge northeastward to the Potomac River and Maryland (Henika, 1981 p. 2-4). The unit is correlative with the Erwin Quartzite southwestwards to Tennessee. The Antietam contains thick-bedded, medium-to coarse-grained quartzite in the lower part and medium-bedded quartzite and phyllite in the upper part. The quartzite ledges are light-gray to white and commonly show fine cross bedding. Poorly preserved Skolithos "tubes" are in the more massive beds as vertical striations or localized closely spaced vertical parting surfaces in the rock. Examination of the bedrock at this location shows that the unit is extremely hard and resistant to erosion. The rock is closely jointed and breaks up into rectangular blocks. Excavations in the bedrock generally require blasting. It is extremely abrasive and may be hard on ripping and grading equipment. In the Roanoke area, the Antietam is generally confined to ridgetops and steep slopes with strongly acid, very shallow and rocky, excessively drained soils. Groundwater conditions may be difficult because of extremely deep percolation to water tables near river level, steep fractures, and exceptionally hard drilling conditions. An important geological feature at the base of Mill Mountain is Crystal Spring. Crystal Spring is a huge spring that has been used for public water supply for many years and has had flow rates reported as high as 6,000,000 gallons per day (Woodward, 1932, p. 147). The spring that once powered McClanahans Mill was a major attraction to the early railroad builders. Mill Mountain Management Plan Page 28 The spring is emergent in an ancient sink that has been breached along the floodplain of the Roanoke River as it cut against the base of Mill Mountain. The spring is now contained within a concrete channel that emerges from beneath a ledge of massive Shady Dolomite. The cavern is developed along the northwestern, overturned limb of a broad subthrust anticline that uplifted the Shady Dolomite from beneath the Rome-Waynesboro formation in the Big Lick area that is now downtown Roanoke. H. P. Woodward (1932, p.92-93) described the earthquake felt in the Roanoke area on Christmas night 1924 and documented some quake damage here at Crystal Spring. A sixteen-inch cast iron water main leading from the spring pumping station to a reservoir on the mountain above was fractured about 40 feet above the spring at the base of the hill. The broken pipe was an ordinary cast iron leader.., of three-quarter-inch metal. The break cut obliquely across the pipe. The broken edges of the pipe show that the fracture was caused by wrenching or twisting ,and that it produced a series of chatter marks along one side of the broken surface. Bollinger and Hooper (1972, p. 27), classified the Christmas night quake as a category "V' on the modified Mercalli scale. Because Crystal Spring is part of the Roanoke public water supply, it is important to recognize that it is part of an ancient karst aquifer system which was developed in fractured, cavernous Shady Dolomite beneath the Blue Ridge thrust fault. The fractures in the dolomite are recharged from above by rain water percolating down through the highly permeable fractured quartzite caprock and thin, sandy soils developed above the Blue Ridge thrust fault in the mountains southeast of the spring. Several large sinks that actually penetrated the Blue Ridge fault were the locus of extensive iron mineralization in quartzite breccias and residual clay pockets developed on the fractured dolomite below the fault. Many of the larger bodies of iron ore that were mined along Chestnut Ridge and in the Rorer mines area along the Parkway southeast of Mill Mountain are evidence of the ancient karst erosion and &positional system which is still very active at Crystal Spring. A one-hundred-fifty foot diameter sinkhole, some fifty feet deep in the upper Uniquoi quartzite, is a central feature of the National Park picnic area on top of Roanoke (Yellow) Mountain. The bottom of the surface sink is at least 600 feet above the top of the dolomite exposed in quarries on the east and west sides of the northerly trending ridge. Fortunately, the Crystal Spring recharge area is still relatively undeveloped, forested and largely inaccessible. It contains abandoned mined lands within the Mill Mountain Park and the Blue Ridge Parkway Reservation along Chestnut Ridge from Mill Mountain to Roanoke (Yellow) Mountain. There are few sewer lines to leak and no heavily fertilized yards, crop, or pasture lands to create rnnoffpollution within the hills to the southeast of the spring. Besides some degree of protection due to low levels of development, water from Crystal Spring is now treated by the City of Roanoke, so risk of contamination is less ora factor than it was when it was untreated. Soils The soils on the mountain are relatively uniform, consisting primarily of Edgemont channery sandy loams (Figure 29). What differentiates the Edgemont soils is the degree of slope. In the areas where the slope ranges from 0-8%, the soils are relatively deep, but the depth to bedrock decreases as the percentage of slope increases. On the side slopes of Mill Mountain, these soils present a severe erosion hazard and are best suited to forest. The resistance of the Mill Mountain Management Plan Page 29 underlying Tuscarora sandstone to weathering also creates soils that are relatively shallow and infertile. The following characteristics apply to the Edgemont soils (Natural Resources Conservation Service, 1997): Permeability: Moderate or moderately rapid Available water capacity: Low Surface runoff: Medium for 15C; Rapid for 15D and 1SE Depth to bedrock: More than 60 inches Erosion potential: Medium for 15C; High for lSD and 15E Organic matter content: Low Depth to the seasonal high water table: More than 72 inches According to the Natural Resources Conservation Service (NRCS), the only Edgemont soils that do not have severe limitations for development, including recreational development like picnic areas trails, are the 15C soils, found on the summit of Mill Mountain. It should be noted, however, that the mapping scale used by NRCS is too coarse (1:24,000) to capture other smaller areas in the park that might also be 15C, like the areas with slopes less than 15% located on the eastern and southern portions of Mill Mountain Park. The only exceptions to the Edgemont soils are located on the southern and western edges of the Mill Mountain Park site. There is an area of Grimsley cobbly loam on the southern panhandle of the park. Characteristics of this soil indicate that it is deep and well-drained, a product of deposition from erosion of slopes above it (found in colluvial fans and foot slopes). It has a cobbly surface with large stones that limit its development potential. According to the Natural Resources Conservation Service (NRCS) (1997), the Grimsley soils pose moderate limitations for recreational development such as camp and picnic areas and trails. On the western side of the park in the vicinity of the tennis courts is another unique area of soil that is identified by NRCS 'as "urban land complex." Its characteristics are described as "variable," typically the result of urban land development including substantial grading and/or fill. DRAINAGE There is one intermittent stream and several major drainage swales on the southern and southeastern slopes of the mountain. These are indicated on Figure 27. Almost all of the concentrated drainage (not generalized sheet flow) coming from Mill Mountain is found on the side of Mill Mountain that abuts the Garden City neighborhood. Past flooding events in Garden City have most likely been influenced by the intermittent streams flowing from Mill Mountain. Keeping the slopes forested and minimizing impervious surface on the mountain help prevent further exacerbation of this problem. VEGETATION & PLANT COMMUNITIES A generalized map of plant communities is presented in Figure 30. Details of the park's vegetation are discussed below. Mill Mountain Management Plan Page 30 Summit Vegetation Most of the indigenous vegetation at the summit of Mill Mountain has been cleared over the years during various development projects. This process began as early as 1891, when the area directly southeast of the present-day lower overlook was cleared and regmded for construction of the Rockledge Hotel and its grounds. Subsequent development has continued to replace the natural vegetation with turf and--predominantly non-native---ornamental plantings. It is also important to note that views to the mountain from the City and the surrounding valley are of a forested ridgeline. The only exceptions to this are the Rdanoke Star and the antenna tower. Significant Trees. The manicured park at the summit contains some of the oldest and largest trees on the mountain. Most are oaks. These randomly spaced trees, add to the aesthetic appeal of the park's lawn space and also provide much-needed shade for visitors in the summer. Many of these large trees, however, have sustained extensive wind and ice damage. Understory and Young Trees. Most of the flowering understory trees planted at the summit are healthy and in good condition. One important exception to this is the stand of hemlocks planted along the Star parking lot, which shows signs of wooly adelgid infection. Shrubs and Perennials. The ornamental plantings throughout the summit park are predominantly non-native. Overall, the ornamental shrubs and perennials have suffered substantially from deer browsing. Perhaps the hardest hit plantings are the Taxus spp. planted along the pathway between the two overlooks. Turf. Most of the regularly mown lawn areas are healthy, except in several areas along the pathways where grading and drainage problems have led to soil erosion. Wildflower Garden. The purpose of the Wildflower Garden, which was completed in 1977 by the Mill Mountain Garden Club, was to give visitors a sense of the native vegetation that would have been found on the summit before development took place. In addition to evergreen and deciduous trees, the garden contains several varieties of native herbaceous shrubs and perennials. Rare, Threatened, or Endangered Species. The majority of the vegetation within the summit park area has been intentionally planted as part of an ornamental landscape. The exceptions to this are the areas of naturalized vegetation that occur along the outer periphery of the park area and an area along the northern portion of the summit, adjacent to the Roanoke Star, inside the gravel loop road. A botanical survey found no rare, threatened, or endangered plant species within these naturalized areas. Within the ornamental landscape of the summit park, one rare species was found. The Wildflower Garden currently contains at least two small patches ofJeffersonia diphylla (twinleaf) between the Discovery Center and the garden's pond. Named for Thomas Jefferson, this 8- to 10-inch-tall native plant has deeply divided leaves and produces white flowers in Mill Mountain Management Plan Page 31 April-May (Figure 31). It prefers rich, shaded slopes with limestone soil. Although its occurrence is considered rare, the U.S. Fish & Wildlife Service does not list this as a threatened or endangered plant. Figure 31. Twinleaf (Jeffersonia diphylla). Photo courtesy of the National Park Service. htlp://www.nps.gov/plants/pubs/chesapeake/plant/1995.htm Mountain Slopes Although heavily logged in the past, the slopes of Mill Mountain are today heavily wooded, and the dominant visual image of the mountain from Roanoke and the surrounding valley is one of a forested mountain. Forest Canopy. A botanical reconnaissance survey was conducted on May 16th, 2005 (Tom Wieboldt, Virginia Polytechnic Institute & State University, personal communication). Findings indicate that the mountain is comprised of Appalachian oak forest, a low diversity forest type dominated by oaks (chestnut, red, black and scarlet) mixed with other hardwoods, especially red maple. Scattered pine stands occur on portions of some ridges and spurs. These are comprised of pitch, table mountain, and Virginia pines, and the pines are largely dead due to bark beetle infestation. Nevertheless, these areas still provide a different community type. Exotic invasive species are especially frequent and troublesome at lower elevations, but have not much affected the drier forest at mid-slope and above. Most of the mountain is underlain by acidic rocks which weather to a fairly sterile soil. This, combined with a leaf litter mostly of oak, limits the number and diversity of herbaceous plants. A low elevation area at the south end of the property which shows a more moderate soil type (the Mill Mountain Management Plan Page 32 l ! ! ! ! ! ! area of Grimsley soils) was found to be vegetated with a similar forest type to that on the mountain. It was visited to see ifa mesic, non-oak-dominated forest might be present, but the area looked similar to the rest of the mountain. A geologic map consulted for the survey shows a dolomite formation surrounding the mountain. This would support considerably more mesic vegetation. Only a few such rocks were observed low on the north slope, and no appreciably different flora was observed. It still could be present in very small areas very close to the perimeter of the property. Further field work in the summer and fall of 2005 will investigate this. In general, the more interesting plant communities occur on the north-facing, more mesic slopes (area shown as greater than 40% slope in Figure 28) and an area of large trees on the northwest lower slope. Table 2 contains a list of noteworthy tree species identified in the botanical survey. Table 2. Noteworthy tree specie~ COMMON NAME SCIENTIFIC NAME Butternut duglans cineria Pawpaw ,qsimina triloba Shortleaf pine Pinus echinata COMMENTS Becoming scarce due to a canker that is killing most trees A few scattered individuals; uncommon in this part of the state The mountain has been heavily logged over the years, as evidenced by the many old logging roads found on the mountain and the small diameter of the trees. Although documentation describing these logging activities has yet to be found, it is reasonable to assume that the mountain has seen several cycles of logging, starting with the earliest European settlement in the 1740s, when Mark Evans and his son Daniel built a gristmill and sawmill at the base of the mountain, at what would later be known as Crystal Spring (Montgomery, 2002b; Roanoke Times, July 13, 1995). In the 1850s, part of nero:by Roanoke Mountain was logged to supply cross ties for the Virginia & Tennessee Railroad (White, 1982; Roanoke Diamond Jubilee Program, 1957). It is likely that Mill Mountain also supplied construction material for this project, as well as possibly for the building of the Norfolk & Western and Shenandoah Valley railroads in the 1880s. The mountain would also have provided a convenient (and profitable) soume of wood for the building booms that accompanied the railroads to Roanoke. By the 1940s, however, the mountain is reported to be covered with trees and vines (Sponaugle, 1940). In addition to logging, small areas of trees have also been destroyed by fire in previous years (for example, a small area along the Star Trail). No fire management plan exists for the park, although the Roanoke Fire Department does haYe a fire response plan. Understory Species. The understory of much of the mountain is sparse due to both relatively infertile soil and deer browsing. This has, in mm, given the forest a very open feeling. The following herbaceous species were noted in the botanical survey: Table 3. Noteworthy understory plant species COMMON NAME SCIENTIFI~ I~IAME ' COMMENTS Birchleaf spirea Spiraea betulifolia Somewhat unusual in that it becomes very scarce in the mountains south and southwest of here Black snakeroot Sanicula odorata Broadleaf sedge Carexplatyphylla Mill Mountain Management Plan Page 33 Carolina sedge Carex caroliniana Cut-leafed Dentaria laciniata toothwort Eastern gray Penstemon canescens beardtongue Eastern narrowleaf Carex amphibola sedge Eastern woodland Carex blanda sedge Fuzzy wuzzy sedge Carex hirsutella Glomerate sedge Carex aggregata Lanceleaf figwort Scrophularia lanceolata Quite infrequent to the west Pink lady slipper Cypripedium acaule Rosy sedge Carex rosea Shallow sedge Carex lurida Shining wedgegrass i Sphenopholis nitida Singlehead Antennaria sol#aria Several populations seen; this species is common eastward but is pussytoes generally absent to the west Slender woodland Care~ digitalis sedge Variableleaf Hexastylis heterophylla heartleaf Wild comfrey Cynoglossum virginianum Wild oregano, Cunila origanoides dittany Wild sarsaparilla Aralia nudicaulis Invasive Species. Invasive species are usually non-natives that spread rapidly and often out- compete more desirable species. If left unchecked, invasives can alter ecosystems and wildlife habitat. Invasive vines--including grape, honeysuckle, and English ivy--are a major problem on the forested slopes of Mill Mountain. In areas where they have reached the forest canopy, they will eventually kill trees if not removed. Invasive vines are especially a problem at the summit of the mountain, near the Star Trail entrance. The vines have begun killing some of the trees and give this portion of the park an unkempt appearance. This is particularly undesirable because the summit area presents an overall image of a more manicured landscape. English ivy has also become a problem along the Old Toll Road. Kudzu dominates the parking area for the Star Trail at the base of the mountain. Table 4 lists the exotic invasive species noted in the botanical survey. Table 4. Exotic invasive pla, nt species COMMON NAME SCIENTIFIC NAME Amur Honeysuckle Lonicera maackii Chinese Wisteria English Ivy European Euonymus Japanese Honeysuckle Kudzu Oriental Bittersweet Wisteria sp. (probably sinensis) Hedera helix Euonymus europea Lonicera japonica Pueraria lobata Celastrus orbiculatus Tree-of-Heaven Ailanthus altissimus Mill Mountain Management Plan Page 34 I ! ! ! ! ! ! Rare, Threatened or Endangered Species. There are no known state or federally listed threatened or endangered plant species in Mill Mountain Park. There are no known rare species in Mill Mountain Park outside of the Wildflower Garden. WILDLIFE Mill Mountain serves as a refuge for urban wildlife. Genemlist species that are fairly tolerant of disturbances by people dominate, although the mountain does serve as habitat for some interior- forest dwelling birds. The urban condition of Mill Mountain means that domestic dogs and cats play a role as predators and limit the occurrence of sensitive species. Faunal Species. Laurie Spangler of the Mill Mountain Zoo has been keeping a record of the faunal species she has encountered on Mill Mountain over the past 8 years. She has provided the following lists of Mill Mountain species (Tables 5 through 8) to the WildlifeMapping program of the Virginia Department of Game and Inland Fisheries. These lists are based on informal observations and are not meant to be exhaustive. They are indicative of developed, light, urban forests, the primary habitat designation for Mill Mountain as found in the WildlifeMapping database. Table 5. Bird species identified on Mill Mountain COMMON NAMff SCIENTIFIC NAME American crow Corvus brachyrhynchos American goldfinch Carduelis tristis American kestrel Falco sparverius American redstart Setophaga ruticilla American robin Turdus migratorius Baltimore oriole Icterus galbula Barred owl Strix varia Black vulture Corag~ps atratus Black-and-white warbler Mniotilta varia Blackbumian warbler Dendroicafusca Black-capped chickadee Parus atrica?illus Black-billed cuckoo Coccyzus erythropthalmus Blackpoll warbler Dendroica striata Black-throated blue warbler Dendroica caerulescens Black-throated green warbler Dendroica virens Black vulture Coragyos atratus Blue jay Cyanocitta cristata Blue-gray gnatcatcher Polioptila caerulea Broad-winged hawk Buteo platypterus Brown creeper Certhia americana Brown thrasher Toxostoma rt{fum Brown-headed cowbird Molothrus ater Carolina chickadee Parus carolinensis Carolina wren Thryothorus ludovicianus Catbird Dumetella carolinensis Cedar waxwing Bombycilla cedrorum Chestnut-sided warbler Dendroica pensylvanica Chinmey swift Chaetura pelagica Chipping sparrow Spizella passerine Common grackle ~uiscalus quiscula Mill Mountain Management Plan Page 35 Common raven Corvus corax Cooper's hawk .4ccipiter cooperii Dark-eyed junco Junco hyernalis Downy woodpecker , Picoides pubescens Eastern bluebird Sialia sialis Eastern phoebe Sayornis phoebe Eastern towhee Pi£ilo erythrophthabnus Eastern wood-pewee Contopus virens Field sparrow Spizella pusilla Golden-crowned kinglet Regulus satrapa Great crested flycatcher Myiarchus crinitus Great homed owl Bubo virginianus Hairy woodpecker Picoides villosus Hermit thrush Catharus guttatus House finch Car£odacus mexicanus Indigo bunting Passerina cyanea Least flycatcher Empidonax min#nus Mourning dove Zenaida macroura Northern bobwhite Colinus virl{inianus Northern cardinal Cardinalis cardinalis Northern flicker Colaptes auratus Northern goshawk .4ccipiter gentilis Northern mockingbird Mirnus polyglottos Pileated woodpecker Dryocopus pileatus Pine warbler Dendroica pinus Purple finch Carpodacus purpureus Red-bellied woodpecker Melanerpes carolinus Red-eyed vireo Vireo olivaceus Red-tailed hawk Buteojamaicensis Rose-breasted grosbeak Pheucticus ludovicianus Ruby-crowned kinglet Regulus calendula Ruby-throated hummingbird .4rchilochus colubris Ruffed ~rouse Bonasa umbellus Scarlet tanager Piranga olivacea Screech owl Otus asio Solitary vireo Vireo solitarius Song sparrow ] Melospiza rnelodia Tree swallow Tach. vcineta bicolor Tufted titmouse Parus bicolor Turkey vulture Cathartes aura , Whitc-breasted nuthatch Sitta carolinensis White-crowned sparrow Zonotrichia leucophrys White-throated sparrow Zonotrichia albicollis Wild turkey Meleagris gallopavo Wood thrush Hylocichta mustelina Worm-eating warbler Helmitheros vermivorus Yellow warbler Dendroica petechia Yellow-bellied sapsucker Sphyrapicus varius Yellow-billed cuckoo Coccyzus americanus Yellow-romped warbler Dendroica coronata Mill Mountain Management Plan Page 36 Table 6. Mammal species identified on Mill Mountain COMMON NAME SCIENTIFIC NAME Eastern chipmunk Tamias striatus Gray squirrel Sciurus carolinensis Mole spp. Mouse spp. Norway mt Rattus norvegicus Raccoon Procyon lotor Red fox Vulpes vulpes Silver-haired bat Lasionycteris noctivagans Virginia opossum Didelphis vir[Iiniana White-tailed deer Odocoileus virginianus Woodchuck Marrnota monax laole /. l~eptlle ano ampnlolan s ~ecles ioeugllle~l on Mill Mountain COMMON NAME SCIENTIFIC NAME American toad Bufo americanus Black rat snake Elaphe obsoleto Broad-headed skink Eumeces laticeps Bullfrog Rana catesbeiana Eastern box turtle Terrapene carolina Eastern smooth green snake Opheodrys vernalis Eastern wormsnake Carphophis amoenus amoenus Five-lined skink Eumecesfasciatus Jordan's salamander Plethodonjordani Northern copperhead Agkistrodon contortrix mokesen Northern ring-necked snake Diadophis punctatus edwa~dsii Spotted salamander Ambystoma maculatum Tree frog Table 8. Insect species identified on Mill Mountain COMMON NAME SCIENTIFIC NAME American painted lady Vanessa virginiensis Black swallowtail Papilio polyxenes B ack widow sp der Latrodectus mactans Brown elfin Callophrys augustinus Bumblebee Bombus spp. Cabbage white Pieris rapae Clouded sulphur Colias philodice Common walkingstick Diapheromerafemorata Daddy-long-legs Mitopus morio Eastern tiger swallowtail Papilio glaucus European skipper Thymelicus lineola Fieqt skipper Hylephila phyleus Great spangled fritillatV Speyeria cybele Milkweed bug Monarch butterfly Danaus £1exippus Moth~ Hummingbird Hemaris thysbe Moths Imperial Eacles imperialis Moth, Luna Actias luna Moth, Tulip-tree silk Callosamia angulifera Moth, Virginia creeper sphinx Darapsa myron Mourning cloak Nymphalis antiopa Mill Mountain Management Plan Page 37 Orange-striped oakworm ~,lnisota senatoria Pearl crescent Phyciodes tharos Praying mantis Mantis religiosa Red admiral I~anessa atalanta Silver-spotted skipper Epargyreus clams Spicebush swallowtail Papilio troilus Spring azure Celastrina ladon Walking stick Diaphermomera,femorata Yellow jacket Vespula macul!f~ons Zebra swallowtail Eurytides marcellus 193ite-Tailed Deer. Deer have damaged the landscape plants on the summit and browsed most of the understory on the slopes. Currently, a hunting season sharp-shooter program is in effect on the mountain to control the population. This program is only a year old, and consequently, the results of these efforts are not yet known. Rare, Threatened, or Endangered Species. There are no known state or federally listed threatened or endangered animal species in Mill Mountain Park. CULTURAL RESOURCES The following assessment of the cultural resources of Mill Mountain Park was compiled from a walking tour of the park and the official and unofficial walking trails throughout the mountain slopes (see Figures 2, 3, and 4 for the location of the features discussed below).The purpose of this assessment was twofold: (1) to document and provide a preliminary assessment of known cultural resources, and (2) to identify, document, and provide a preliminary assessment of previously unidentified or undeveloped cultural resources. All assessments of the current conditions of these features are based on a visual survey only; in many cases, it may be necessary to call in engineers, architects, or other experts to more thoroughly assess current conditions and develop management strategies for specific features. Summit Resources The Roanoke Star. Perched 1,045 feet above the City on the northern side of the summit, this 88- V2-foot-tall neon and steel star is a source of civic pride and identity for Roanoke's citizens. Visible from much of the City and the surrounding valley, the Star is the most recognized symbol of the Roanoke, which has come to be known as the Star City of the South. The Star has also been incorporated into the names of many Roanoke businesses as well as the City's logo. Along with its overlook, the Star draws many Roanokers and tourists alike and is even a popular site for marriage proposals and weddings. Ironically, the star was originally intended as only a seasonal installation. After considering several different suggestions for Christmas decorations, the City's Merchants Association settled on the idea of a star atop Mill Mountain to tie in with star decorations used along the City streets at the time (Roanoke Times & World-News, 1982). First lit at a dedication ceremony on Thanksgiving Eve of 1949, the Star was touted as "the largest artificial star in the universe," and word of the novelty quickly spread. Within a month of its debut, it was featured in Life Mill Mountain Management Plan Page 38 magazine, on national radio, and even made the newspapers in Australia. Ultimately, Roanoke's nickname--The Magic City--was replaced with The Star City. As a result of its popularity (and despite its critics), the Merchants Association decided to keep it lit every night until midnight. In addition to its importance to Roanoke's identity, the Star also functions as a form of community expression. Starting in 1957, the Star, which originally burned white, was turned red for two nights after each traffic fatality in the City. This practice continued for 17 years. The Star also burned red after the assassination of President John F. Kennedy in 1963 and the destruction of the space shuttle Challenger in 1986. The Star's color scheme was changed to red, white, and blue in 1974 to celebrate the nation's Bicentennial and again in 2000, when Roanoke was named an All-America City for a record-tying fifth year. Since the 9-11 terrorist attacks, the Star has returned to red, white, and blue. The Star was designated a State and National Historic Landmark in 1998. The Star has undergone several renovations throughout its lifetime. Its most recent overhaul came in the spring of 1997, when workers replaced damaged sheet metal,.rewired the lighting, and painted the entire structure. Officials predicted that another renovation would not be necessary for another 20 years (WDBJ-7, April 23, 1997). Today the Star and its scaffolding appear to be in good condition. The plantings around it, however, currently do not provide an effective screen for the structure's base. Overlooks. The park currently contains two overlooks with panoramic views of the City and the Roanoke Valley. · The M. Carl Andrews Overlook is located adjacent to the Roanoke Star, on the northern side of the mountain. The wooden overlook currently features a double-sided bench. Although a modest wooden overlook is evident in this location from the 1950s, the current overlook was built in 1995 with funding from the Roanoke Times and dedicated to the memory of M. Carl Andrews, the first chair of the Mill Mountain Development Committee and leading voice for the preservation of Mill Mountain'for 30 years. He also served as the Roanoke Times' editorial page editor while the paper was owned by J. B. Fishburn, the Roanoke businessman who donated the Mill Mountain property to the City of Roanoke to be preserved as a public park. Although some graffiti is visible on some of its surfaces, it is otherwise in good condition. · The lower overlook, located to the west of the Star, is consistent with the Andrews Overlook in materials and design, except that it lacks a bench. It too displays some graffiti but is otherwise in good condition. Incline Railway Station. Although the incline railway running up the northwestern slope of Mill Mountain was dismantled in 1930, remains of the platform and machinery foundations are still visible along the perimeter road at the summit, between the parking lot and the zoo. Although numerous photographs of the incline still exist, all that have been found to date are taken from the bottom of the mountain. Thus, little has been found in the historical record regarding the appearance of the station at the top of the mountain. Mill Mountain Management Plan Page 39 Rockledge Hotel Footprint. Although only a faint trace of its footprint is visible today on the lower lawn of the park, the Rockledge Hotel stood on Mill Mountain for over 80 years, weathering the boom and bust cycles of the local economy and reinventing itself as times changed. The 28-room inn was built in 1892 by the Roanoke Gas & Water Company, who had purchased the mountain and Crystal Spring the previous year. The hotel was hastily constructed to take advantage of the local surge in prosperity created by the coming of the railroads (White, 1982). The resort opened with great fanfare, as coaches waited at the Hotel Roanoke to whisk railroad officials and other dignitaries to the hotel. Once they arrived at the summit, visitors enjoyed views of the City below during lunch on the hotel's spacious dining porch. The Rockledge Inn would ultimately find it impossible to succeed as a overnight destination. With the opening of the Mill Mountain Incline Railway in 1910, however, the hotel gained new life as a restaurant and Saturday night gathering spot for locals, as the travel time to the hotel was reduced from a 2- to 3-hour carriage ride to 4 minutes. Its popularity lasted through the Roaring Twenties, when the Roanoke German Club's parties there became legendary. The festivities were ultimately put to an end by the Great Depression, however, and the hotel shut down permanently in 1929. Nevertheless, the old Rockledge Hotel remained a local landmark for many Roanokers, and the building was renovated and maintained for occasional use as a recreation center over the next several decades. In 1964, it was repurposed as the Mill Mountain Playhouse and hosted live theater until the building burned down in 1976. Interpretive signage might be used to tell the story of the Rockledge Inn. Wildflower Garden. The wildflower garden, located between the Discovery Center and the zoo, was designed by Joe Beer, a former Blue Ridge Parkway landscape architect, and installed by the Mill Mountain Garden Club in 1973 (Roanoke Times, April 1, 1973). The Garden Club is still active in its care and maintenance. Today, most visitors take the path through the garden when walking between the zoo entrance and the Discovery Center/main parking lot. The garden contains a water feature constructed in the form ora stream and pond. The garden was designed with native mountain vegetation in order to give visitors a sense of what the summit environment may have looked like before the land was developed and native vegetation was replaced by turf and ornamentals. Mill Mountain Zoo. Mill Mountain Zoo, initiated by Roanoke's Civitan Club, has been a fixture in Roanoke since it opened in 1952 as a seasonal children's zoo with a nursery rhyme theme. Originally, the zoological park was mn by the Roanoke Parks and Recreation Department until it was closed in 1976 because of monetary losses. At this time, the Roanoke Jaycees stepped in and created a nonprofit corporation to mn the zoo, which reopened in 1977. After reopening, the zoo under, vent a series of physical improvements and expansions, and the nursery rhyme theme was replaced by an emphasis on North and South American animals. The Zoo Choo, a miniatu/e G- 16 train, has carded children around the zoo since 1952. The zoo has evolved and expanded to 7+ acres over the years. Now accredited by the American Zoo and Aquarium Association, the zoo has been mn by the Blue Ridge Zoological Society since 1988. In the 1980s, plans were suggested to move the zoo to Explore Park, which was then under construction. These plans fell through, however, and zoo officials decided to keep the facility on Mill Mountain. In 1991, the zoo adopted a master plan by Hill Studio that emphasizes its Asian Mill Mountain Management Plan Page 40 Highlands collection and ties in with Roanoke's Sister City of Wonju, Korea. Although the availability of funding has slowed the implementation of the Hill Studio plan, a new tiger exhibit was built according to the plan in 1992. A snow leopard exhibit was added in 1997. The zoo currently contains about 200 animals, including five endangered species (tiger, red wolf, snow leopard, white-naped crane, and clouded leopard). The zoo participates in nine active species survival programs (red panda, tiger, red wolf, snow leopard, white-naped crane, clouded leopard, fishing cat, Japanese macaque, and wrinkled hornbill). Yearly attendance reaches about 70,000, with about 45% of visitors coming from outside the Roanoke Valley (http://www.mmzoo.org/). Mountain Slopes The Old Toll Road. A portion of today's Mill Mountain Gmenway now follows the roadbed of the "concrete road" or Old Toll Road winding up the northwest face of the mountain. In the early 1920s, William P. Henritze bought most of Mill Mountain in hopes of developing a residential/resort complex there. As one of the first steps in this plan, his Mill Mountain Corporation sought to capitalize on the building popularity of the automobile by building a winding concrete toll road up the mountain in 1924 along the approximate route of an older carriage road. The new road was considered something of an engineering marvel, as it included a tight switchback in which the road looped over itself by means of a large concrete culvert (for this reason, the road is sometimes referred to as the Loop Road). For 25 cents, visitors could indulge in the growing American obsession with recreational driving along the scenic 18-foot- wide road, which featured a gentle 6% grade all the way to the top. When the City of Roanoke eventually took possession of the mountain in the 1940s, they continued to performed basic maintenance on the road, but it soon became impassible for vehicular traffic beyond the loop culvert and was replaced as the main route to the summit by the Fishbum Parkway in 1971. Today, the road remains remarkably intact, although the concrete has been paved over with asphalt and the original wooden railings have been replaced by metal guardrails painted brown. The road is today preserved as part of the Mill Mountain Greenway and is closed to vehicular traffic above the loop culvert. Several historic features of the 1924 toll road remain well-preserved today. These features include: Toll House. This structure, located at the entrance to the toll road, includes a stone archway over the road with an attached toll house. Although the road opened before construction was completed on the toll house, it should be considered an original feature of the 1924 road. In general, the structure appears to be in good condition, although a crack is visible in the toll house's uphill-facing wall. In addition, the wood shingle roof requires some repairs, and the wood cornice over the archway has suffered some rot. Photographs from the 1960s indicate that at least at that time, the structure had a tile roof (see Figures 32 and 33). More research is needed to determine if this roof was the original. Mill Mountain Management Plan Page 41 Loop Culvert. About halfway up the Old Toll Road is "The Loop," a switchback at which the road loops over on itself by means of a large concrete culvert. Considered an engineering marvel in its day, the Loop was featured on several City postcards of the time (Figure 20). The City has continued to maintain the structure, and it appears to be in good condition overall. Stone Retaining Walls and Drainage Structures. Stone retaining walls run the length of the road on its uphill side. With the exception of a few areas where tree roots or erosion have damaged the walls, they are in remarkably good condition. However, several "patches" are visible in which cement was used to fill cracks in the mortar. These repairs are inconsistent with the original construction and materials of the wall. Incorporated into the retaining walls are two types of drainage structures. They are elegant examples of early 20th century masonry and engineering. The system does not appear to be functional; the drains are clogged with soil and leaf litter, and the road's original grade, which sheet-drained water to the road's interior side, was changed when it was resurfaced in asphalt so that water now drains off the downhill side. Beyond these observations it was impossible to determine the integrity of the drainage system on the basis of a brief walking survey. Historic Mansions. Although not open to the public, two historic mansions sit along the Old Toll Road (now the Mill Mountain Greenway). Both were built by William P. Henritze. · Rockledge Mansion. Rockledge was built in the 1920s with the stone blasted from the mountain to carve out the building site. The three-story mansion is located adjacent to the concrete culvert "loop" in the Old Toll Road. Rockledge remained the family home of the Henritze's until 1983, when it was sold to a Roanoke couple. In 1992, Rockledge was bought by Ralph Smith, who would later serve as Roanoke's mayor (Roanoke Times, Sept. 3, 1989). Mayor Smith sold the property in 2005. · Terra Alta Mansion. The Henritze's also built Terra Alta, the mansion that sits lower on the mountain slopes, near the entry to the Old Toll Road (Roanoke Times, Sept. 3, 1989). Incline Railway. Opening in 1910, the 1,000-foot-long incline was considered a marvel (Railway History Monograph). In addition to the double track, the complex included timber frame buildings at the top and the bottom for passengers. The power line fight-of-way now visible behind the hospital is close to the incline's path, but does not follow it. Two unofficial hiking trails (the Ivy/Water and the Car/Pace Trail) now cross the incline's path. At the summit of the mountain, in the forest edge along the gravel road leading to the zoo, remains of a building and two sets of massive concrete footings presumably associated with the incline are still visible. More research is needed to determine exactly what these were, but when the incline opened, the Roanoke Times described the machinery housed at the top of the incline as "a large dram around which the cable winds, a number of smaller wind wheels and a large dynamo and three transformers" (Roanoke Times, Aug. 14, 1910). OldLogging Roads. Old logging roads are abundant all over Mill Mountain, especially on its southern and eastern faces. Many of them have been mapped by the Roanoke Valley Greenways organization for potential use as hiking or biking trails. Mill Mountain Management Plan Page 42 Mill Mountain Greenway. Dedicated in September of 2003, the 3.5-mile Mill Mountain Greenway extends from Church Avenue, north of Elmwood Park, to the top of Mill Mountain, via the Old Toll Road (Roanoke Times, Sept. 9, 2003). Eventually, this route will connect with the Roanoke River Greenway, which, when completed, will follow the river across the length of the county. The construction of this regional greenway system enjoys heavy public support. Greenways Incorporated produced the Conceptual Greenway Plan in 1995 that provided the basic structure of the system and guidance for implementation. The 1997 Bikeway Plan, developed by the Roanoke Valley Area Metropolitan Planning Organization, also identified the Mill Mountain Greenway and Fishbum Parkway as important bikeways. Inclusion of these roadways in the Bikeway Plan means that State and Federal funding may be available for roadway improvements. Star Trail. The Star Trail was built in 1999 by volunteers. The 1.7-mile dirt trail is restricted to hikers. A gravel parking lot off of Riverland Road near the power station allows hikers to access the trail at the foot of the mountain. The Star Trail then crosses Fishbum Parkway and continues up the southeastern face of Mill Mountain through a series of switchbacks until it reaches the summit behind the Star. The trail is currently marked at top and bottom by signs and by yellow blazes along the trail. Social or Unofficial Trails. Many other trails exist throughout the public lands on the mountain, but, until recent work by the Roanoke Valley Greenways organization and other volunteers (See Appendix B), these trails remained unmarked and unmapped. Many of these unofficial trails, heavily used by those who know about them, evolved organically, not necessarily taking into consideration sustainable routes or construction methods. Currently, mountain bikes are permitted only on the Mill Mountain Greenway, but cyclists also occasionally use the Star Trail and the Monument/Terra Alta trail as bike trails. Because these trails were not designed with lines of sight and turning radii appropriate for bikes, use of hiking trails for biking presents possible safety concerns. Crystal Spring. The many layers of occupation of this site speak to the importance of this natural water soume. Although modem development has obliterated many of these past layers, a survey by the Virginia Department of Historic Resources recovered artifacts from the Middle Archaic (6000-2500 B.C.) and Middle Late Woodland (900-1600 A.D.) periods (Rhodeside & Harwell, 1991). European occupation began in the 1760s, when Mark Evans built a mill near the site (the precise location of the mill is not known). Since then, the site has seen continuous occupation and has served as the early water source for Roanoke, as well as a heavily used town park beginning in 1893 (see Figures 6 and 10). The site currently contains the Crystal Spring Pumping Station, which is listed on the National Register of Historic Places and is open for tours. Quartzite Quarry Site. This quarry, located south of the mountain near the entry from the Blue Ridge Parkway, was used by prehistoric Native Americans for stone tool production. It represents an important cultural resource, because few such sites have been documented or studied (Rhodeside & Harwell, 1991). Mill Mountain Management Plan Page 43 VISUAL CHARACTERISTICS Mill Mountain, rising approximately 800 feet over the City to a total elevation of over 1800 feet, is the most visually prominent natural feature in Roanoke. The Rhodeside & Harwell (1991) study found that the preservation of views of the mountain from downtown and the surrounding valley was a significant limiting factor for future development on Mill Mountain: "While soils and slopes in [some] areas may, in many instances, be deemed suitable for certain types of construction, their visibility from either downtown Roanoke or the Blue Ridge Parkway discourages development that may pose threats to the overall scenic quality of the mountain" (Executive Summary, p. ii). PARK PROGRAMMING & RECREATIONAL FACILITIES Discovery Center. Opened in 2001, the 2,200-square-foot Discovery Center operates year-round and fulfills several functions at Mill Mountain Park. Its primary mission is to promote an awareness of and appreciation for the mountain's natural environment. To this end, the Center and its staff host a variety of educational exhibits, classes, and activities focusing on topics such as the geology, ecology, flora, and fauna of the mountain. Examples of the family-oriented programs recently offered include Introduction to GPS, Conservation Easement Basics, and watershed hikes. Costs for the Discovery Center's programs range from free to $14, with most classes offered for $5 or less. The Center is also affiliated with the Blue Ridge Parkway Association as a Regional Information Center and provides local tourist information through a touch-screen kiosk and brochure rack. As part of this program, signs at major intersections along the Blue Ridge Parkway in the Roanoke area direct travelers to the Discovery Center. The Discovery Center also currently offers the only permanent public restrooms on the mountain. However, these facilities are available only during the center's business hours. Mill Mountain Zoo. The 7-acre zoo is open year-round and houses about 200 animals, including a selection of domesticated animals that children can feed and pet. The zoo offers a variety of programs, the majority of which are oriented toward families and children (e.g., reduced prices on Mother's Day and Grandparents' Day). The zoo also serves 42 school districts. Many of the programs Center on conservation-oriented educational opportunities, such as Zoobilation! for Conservation and International Migratory Bird Day. The zoo also offers a recycling program for paper, plastic, and glass, as well as plastic 6- pack rings, tin, and fishing line. Picnic Facilities. The summit park offers both a covered picnic shelter and free-standing picnic tables in the lawn. The mstid picnic shelter, built in 2001, is furnished with several picnic tables, as well as a grill, water fountain, and water spigot. The shelter can be reserved, and has become a popular place for wedding receptions and family reunions. Trails and Walking Paths. Two types of trails are available at Mill Mountain. At the summit are paved, handicapped-accessible pathways that wind through the landscaped park grounds, passing by both.overlooks. Most trails on the forested slopes are natural surface trails. Mill Mountain Management Plan Page 44 Vehicular Roads and Parking Areas. Existing roadways leading to the summit of Mill Mountain allow convenient access to the park for both City residents (via Walnut Avenue and the Fishbum Parkway) and visitors from the Blue Ridge Parkway (via the Mill Mountain Spur Road). Once visitors arrive at the summit, however, the roadways and parking areas tend to be at best awkward and confusing, and at worst potentially hazardous. The summit has two parking areas--a 19-space lot (including 2 handicapped parking spaces) adjacent to the Roanoke Star and the Star Trail and a main parking area adjoining the Discovery Center with space for 59 cars (including 3 handicapped parking spaces) and a bus lane that accommodates 2 buses or an additional 6 cars. This main parking area presents several problems. First, the one-way traffic flow pattern is awkward and not well marked. As a result, drivers often try to make a sharp left turn into the first row of parking. Second, the lot is too small for special events that draw large crowds (e.g., zoo events and the concert series formerly held in the park) and forces visitors to parallel park along the grass shoulder of the Spur Road below the Discovery Center. This not only poses a risk for visitors (especially young children) who must step onto the roadway to exit and enter their cars but also presents a maintenance problem for landscape crews. Another major safety concern is the zoo service vehicles that drive through the main parking lot, past the Discovery Center, and to the zoo along the paved pedestrian path that parallels the Spur Road. PART VI PARK MANAGEMENT ISSUES Based on the inventory and description of existing natural conditions and cultural features (Section V), the park mission and significance (Section III), and input from interviews of parks staff and the Mill Mountain Advisory Committee, the management issues listed in Table 9 have been identified. Table 9. Mill Mountain management issues Issue Proble~ Description Response Views Preserving views to Mill Mountain from Incorporate viewshed and height surrounding parts of the City is critical; restxiction protection into local Maintaining views from the lookout areas is zoning (conservation easement also important. Height restrictions on the would assist in this effort); place summit have been discussed, viewshed maintenance plan in the annual maintenance operation of the park; Parks Maintenance Forest cover and forest Mill Mountain is the largest contiguous area Initiate supplemental funding health of mature tree canopy within the city limits, requests to create forest management Preserving the ecological functions of the plans through Urban Forestry, forest is important, but there is no existing Virginia Department of forest management plan or fire management Conservation and Recreation >lan for the mountain. Division of Natural Heritage, and the Virginia Department of Forestxy. Urban Forestry Wildlife Status as urban wildlife habitat is important Create programmatic parmerships and should be protected and/or enhanced, with Virginia Department of Game Deer control is needed. & Inland Fisheries to inventow wildlife species and create habitat management plans; seed funding . will need to be established through Mill Mountain Management Plan Page 45 City sources to match state & federal grant opportunities. Outdoor Recreation Invasive exotic plant species There is a need to control these plant species Develop community awareness via in some park areas, especially along roads educational venues about the need and in open areas, for exotics management and create volunteer database and network to schedule "greening" programs; Outdoor Recreation & Park Maintenance Stream and drainage swales Stream crossings on trails are currently Within the trail management unmanaged, process, establish crossing alternatives in plan and schedule work days for our established trail crews and scout groups; new seed monies will need to be obtained for matching state & federal grants. Planning & Outdoor Recreation Trails Unofficial and unmarked trails are a The trail management process is ~roblem. Questions about which trails can 90% complete; wayfinding, naming, and should accommodate uses other than mapping, and suitability guidelines hiking are unresolved. One portion o£a to follow; Planning & Outdoor lublic trail crosses private land. Recreation Cultural resources There is currently little maintenance and Supplemental funding needs to be interpretation of historic artifacts on the requested in department budget for mountain, historic and educational interpretive exhibits; Planning & Outdoor Recreation Litter control There is a need for volunteer groups to help Establish "Leave No Trace" ethics with litter on the trails, for packing in and packing out litter. Outdoor Recreation & Parks Maintenance User needs No user needs survey has ever been done for Each program of the Discovery Ctr the park. currently has a user survey attached to it as well as drop-in survey availability. A more comprehensive survey process needs to be created for the overall management area to be conducted every 5 years. Outdoor Recreation & Plannino~ Safety issues and parking Parking for special events and service The design and operational vehicle access to the zoo need to be requirements have been identified, addressed, and a plan has been created and accepted by the City and the Mill Mountain Zoo Planning Illegal uses and There is evidence of ATV use and other Proper funds need to be identified encroachment illegal behavior taking place in the more for a survey and appropriate marking remote portions of the eastern and southern to include all official access parts of the park. Unclear, unmarked park information kiosks to the park for boandaries have led to encroachment park usership guidelines Planning & Outdoor Recreation Design issues There is a need for aesthetic (design) guidelines for any new proposed facilities in the park. On the summit - design issues include non-native plantings, need for Mill Mountain Management Plan Page 46 erosion control, ADA accessibility, and access to restrooms during park hours. Long-term conservation The possibility of placing a conservation The imposition ora conservation easement on the mountain is being explored, easement be explored and a report No long-term conservation protection exists returned to the Planning other than the Fishbum deed restrictions thatCommission within one year of the cover a portion of the park. The deed adoption of this report by the Mill restrictions have not been interpreted in a Mountain Advisory Committee consistent manner over the years. Environmental education Even with the outstanding efforts of the Outdoor Recreation continues to DiscoveD' Center, the full potential of bring new programming partners environmental education opportunities on into the umbrella of the mountain; Mill Mountain remains untapped, improved marketing of our needs will strengthen community awareness of what we have to offer; possibly a "Friends" organization may be established to actively lead the educational efforts under the leadership of Outdoor Recreation Trail issues have long been ignored on Mill Mountain, but the spring of 2005 marked a change in that the trails were inventoried and their locations verified using global positioning systems (GPS). A trail assessment and trail management plan has been developed concurrently with this management plan, and it is found in Appendix B. The proposed trail map showing only the trails that will be maintained into the furore is shown in Figure 34 (revised figure to be inserted). Designation of park resoume management zones (RMZs), discussed in the following section, requires an understanding of the landscape resoumes found on Mill Mountain. Management recommendations for each zone, aimed at addressing the issues outlined above, are also detailed below. PART VII PARK RESOURCE MANAGEMENT ZONES The park mission and significance, resource inventory, and staff and Advisory Committee input formed the basis for the designation of RMZs for Mill Mountain Park. These zones group various areas of the park based on shared characteristics and common management concerns. In this way, management strategies can be defined for each zone, so that similar areas of the park are treated in a consistent manner. The first step in identifying homogeneous areas in Mill Mountain Park that might be logical management "zones" was to create a composite analysis map from the various analyses detailed in Part V. Figure 35 depicts this composite analysis. Slope is the most significant factor affecting development suitability in Mill Mountain Park. An examination of Figure 35 reveals that the steepest slopes are located on the mountain's north face, and the Fishbum Parkway acts as a dividing line between the mountain's upper and lower slopes. The area above Fishburn Parkway contains most of the steepest slopes on the site. Fishbum Parkway is therefore one of the boundary lines that delineate the RMZs shown in Figure 36. Mill Mountain Management Plan Page 47 RMZS AND THE PARK'S MISSION It is important to note that management recommendations are not simply based on physical characteristics like those depicted in Figure 35. Management recommendations evolve from the vision of the park's stewards. In this case, the park's stewards are the members of the Mill Mountain Advisory Committee and the citizens of Roanoke whose perspectives have been documented in recent open space and park system plans, as well as previous Mill Mountain plans. Various mission statements for the role of Mill Mountain have been expressed over the years and are summarized in Part III of this report. The main ideas are very broad and lack the precision necessary to give clear direction when proposals for Mill Mountain are brought before the City and the Advisory committee: 1. Preserve visual integrity both to and from Mill Mountain. 2. Preserve Mill Mountain as a natural resource. 3. Preserve Mill Mountain as a symbol of Roanoke. 4. Enhance Mill Mountain as a place for recreation. and "progress with preservation." Setting the course for the future of Mill Mountain requires clarity of vision and a commitment to a particular mission that goes beyond what is stated above. The following expansion of the vision statement is proposed to guide the development of management recommendations for the RMZs. The RMZs detailed below are based on the following expanded vision for Mill Mountain: Mill Mountain will continue to enrich the quality of life for those who live in, work in, and visit the Roanoke Valley. It is an integral component of the green infrastructure of the region, of our urban fabric, and of the evolution of the City, that shall be honored andpreserved. Through sound stewardship, Mill Mountain will offer environmentally sensitive educational, recreational, and civic opportunities while preserving its natural character and resources. The following discussion of the RMZs includes the characteristics of each zone and the level or intensity of activity appropriate to each zone. Five zones are depicted in Figure 36: Management Zone 1 - Intensive Recreational Development Zone Management Zone 2 - Natural Resource Protection Zone Management Zone 3 '- Low Impact Recreation Zone and two linear zones: Management Zone 4 - Cultural Resource Zone Management Zone 5 - Entrance Road Zone Mill Mountain Management Plan Page 48 MANAGEMENT ZONE 1 - INTENSIVE RECREATIONAL DEVELOPMENT ZONE Management Zone 1 encompasses the Mill Mountain summit, the only portion of the mountain that is suitable for the development of structures because of its more gentle slopes. This is the part of the mountain that has already experienced development such as the MillMountain Zoo, the Discovery Center, and the Mill Mountain Star. Support structures like parking, picnic shelters, and overlooks are located here. Much of Management Zone 1 has slopes of less than 8%, and the area has an open tree canopy, one that is not as dense as the side slopes of the mountain. MANAGEMENT ZONE 2 - NATURAL RESOURCE PROTECTION ZONE Management Zone 2 contains the majority of the steepest slopes on Mill Mountain, those over 40%. The steep north-facing slopes in Zone 2 offer the greatest possibility of interesting and/or unusual plant communities because of the more mesic (moist) conditions found there. If the deer population can be controlled and other impacts minimized, these areas may exhibit more floral diversity than they presently do. Management Zone 2 is crossed by several existing trails, but there are relatively few existing impacts to natural resources in this area other than the trails. Steepness of slope has been a natural form of protection for this area over the years and is probably the reason that some of the largest trees on the mountain are found in this zone. Because of its ecological and physical sensitivity, Management Zone 2 will have the greatest restrictions on future development. MANAGEMENT ZONE 3 - Low IMPACT RECREATION ZONE Management Zone 3 is defined by three main characteristics: it is currently the most remote part of Mill Mountain Park, it contains the largest area of slight-to-moderate slopes apart from the summit, and it contains the only true stream in the 570-acre park. A portion of Management Zone 3 is located on the western edge of the park, near Ivy Trail and the tennis courts. Another part of this zone, designated Zone 3a, is found on the eastern edge, and it contains an old landfill and unused water tank. (See Figure 36.) The remote quality of Zone 3 (excluding the portion with the tennis courts) probably explains why the illegal activities recorded in the park, including ATV use, have largely occurred here. The fact that this zone is remote and contains running water for at least part of the year may explain why wildlife sightings have been reported here. Approximately half of Management Zone 3 lies near the Garden City neighborhood. Encouraging use of the trails by Garden City residents could decrease undesirable activities in this area by providing more "eyes on the park." The gentle slopes in portions of Management Zone 3 would accommodate new trailheads for access and other low impact recreational amenities such as wildlife viewing platforms or blinds. SUBMANAGEMENT ZONE 3.A - DISTURBED LANDSCAPE ZONE. Zone 3a shares many of the characteristics of Zone 3 and is suitable for low impact recreation. What distinguishes Zone 3a is the fact that this area, located on the eastern edge of the park, is the site of a former landfill. A gravel road also extends up the steep slope, through the landfill, to a large, unused water tank. In general, this area is characterized by disturbance of the natural ecology of Mill Mountain, as Mill Mountain Management Plan Page 49 evidenced by thin forest cover and significant amounts of invasive plant species, like kudzu, lining the forest edges. The gravel road found in Zone 3a leads from the Star Trail parking lot to the beginning of the Star Trail above the water tank. MANAGEMENT ZONE 4 -- CULTURAL RESOURCE ZONE Management Zone 4 follows the route of the old Toll Road and the current Mill Mountain Greenway. This zone offers the best possibility for the interpretation of cultural and historic resources on the mountain, along with some of the historic features found in Management Zone 1 (see the Cultural Resources section of Part III). MANAGEMENT ZONE 5 - ENTRANCE ROAD ZONE Management Zone 5 is identified as the "entrance road zone" to differentiate it from the surrounding Management Zone 2, the zone with the highest level of resource protection. The fact that the lower portion of the entrance road, the area near the Fishbum Monument, offers one of the few locations for future parking or shuttle facilities suggests that the option for limited development in this area not be curtailed. Management Zone 5 also represents the "arrival sequence" into the developed portion of the park, and any proposed changes to the roadside should be considered in light of this zone's role in sustaining the image of the park. RECOMMENDATIONS BY MANAGEMENT ZONE Management Zone 1 a. Civic uses, recreational uses, and support services should be allowed in Management Zone 1. b. Any development at the summit should remain below the tree line to preserve the forested ridgeline. c. Periodic evaluation by the City's urban forester is needed to assess the health of the older summit trees and ensure that damaged limbs do not pose a hazard to visitors or property. d. One potential source for replacing dying trees on the summit is the City's Commemorative Tree Program, which allows individuals to donate a tree to honor an individual or event on City property. Several commemorative trees have already been planted in the summit park, but all are flowering understory trees. Amending the list of tree types that donors can choose from would encourage the selection of overstory trees. Any new trees planted should be sufficiently large to discourage deer browsing. e. Currently, the tree canopy directly below both existing overlooks has begun to encroach on views of the valley below. Overlooks should be maintained and an expanded back- planting of the native tree-line shall be implemented to preserve the upward viewshed of the mountain thus enhancing a clean ridgeline. The regular 3-year pruning schedule should be maintained to preserve views. f. Hemlock trees at the summit should be replaced as soon as possible with another species--preferably a native evergreen hedge that would continue to help screen the electrical shed behind the parking lot and the Star's metal support structure. Mill Mountain Management Plan Page 50 g. Given the expressed preference of citizens for a natural environment, the concept of the native garden on which the Wildflower Garden is based should be extended beyond the confines of the Wildflower Garden to the entire summit area. Transitioning to a native palate throughout the summit may also reduce the amount of time and expense required to maintain ornamental plants that are not particularly suited to the mountaintop environment. h. ~ Permanent bathrooms open during park hours should be provided on the summit. i. A new circulation pattern should be developed for the main parking lot and Discovery Center area that will separate pedestrian and vehicular pathways. A new route should be found for service vehicles making deliveries to the zoo. One possibility is to complete the service entrance constructed off of the Spur Road to the zoo. j. Conduct a study to determine the feasibility of a special events park-and-ride shuttle service between the summit and remote parking areas. k. Design guidelines should be developed to insure that any new development proposed on Mill Mountain is done in a way that respects the natural character of the mountain. Management Zone 2. a. Any development that involved large-scale tree removal on the mountain side would be highly visible and would contradict the expressed public desire to preserve the forested slopes of the mountain (Rhodeside & Harwell, 1991, p. iii). b. A fire management plan for the park should be developed in coordination with the Virginia Department of Forestry and put in place as soon as possible. c. A forest health maintenance plan could be developed concurrently with the fire management plan. This should include a tree inventory and a suggested list of species for replacement of trees that must be removed for safety reasons. d. The wildlife data collection begun by Laurie Spangler and organized through the WildlifeMapping program of the Virginia Department of Game & Inland Fisheries should be continued. Observations such as these, collected over time, are a valuable resource for both park management purposes and environmental education. e. A deer exclosure area, fenced to keep deer out, should be develoi~ed. Such exclosures allow native plants that might currently be limited by browsing to return to an area, and thus provide an environmental education opportunity. Management Zone 3. a. Intermittent streams within this zone should be protected by the City's stream buffer (50 feet on either side of the stream). Prohibiting development within these buffers will help preserve natural drainage patterns, prevent additional erosion, and preserve stream quality. When hiking trails must cross these drainage areas, care must be taken to select the lowest impact route. Constructing bridges over these sensitive areas will ensure that the natural drainage routes are not blocked or altered. b. Any development that involved large-scale tree removal on the mountain side would be highly visible and would contradict the expressed public desire to preserve the forested slopes of the mountain (Rhodeside & Harwell, 1991, p. iii). Mill Mountain Management Plan Page 51 c. This management zone contains several unofficial, unmarked trails. These trails have been surveyed and recommendations have been made regarding their continued use. The assessment and management recommendations are contained in Appendix B, Mill Mountain Trail Plan. The plan provides for multiuse trails in Zone 3, some closures of unofficial mils, and some single use trails in Management Zone 2. d. As per the Mill Mountain Trail Plan, existing approved trails should be evaluated and repaired or rerouted as needed to prevent erosion and other negative impacts. After the Trail Plan is accepted, the trail system should also he documented and incorporated into visitor maps. Trail conditions should be periodically evaluated. Management Zone 4. a. Develop interpretive signage for the mountain top incline structure that remains. Selective clearing of low-lying vegetation and debris removal from the area will be necessary to better reveal the ruins. b. As is the case wilh the incline railway station, interpretive signs at the site of the Rockledge Inn and observation towers would add to visitors' understanding and experience of the park. c. The Old Toll Road represents an important piece of the cultural legacy of Roanoke. Its features should continue to be preserved and/or restored as needed, and can be incorporated into a historic walking tour. d. A stone mason or architect should be called in to evaluate the toll house, including the crack in the uphill-facing wall. A strategy should be developed for performing repairs and periodic maintenance to prevent further deterioration. In addition, tiles from the roof pictured in photographs from the 1960s are now scattered among the vegetation along the roadway, and at least one should be preserved in the event that restoration of this roof becomes feasible. e. In order to prevent further deterioration of the retaining walls, a stone mason and engineer should be consulted in order to develop a preservation plan for the wall and drainage structures. f. In addition to protecting and preserving the individual elements of the toll road, pursuing state and federal historic landmark status for the road as a whole should be considered. Further research into the design and construction of the road would be necessary. An important facet of this research would be determining if the toll road served as a design precedent for the Blue Ridge Parkway. Given the proximity of the Parkway to Mill Mountain, it is possible that Stanley Abbott, the Parkway's designer, visited the Toll Road while in the area laying out the route for his Parkway. Abbott is already linked to Mill Mountain in terms of the master plan he developed for it in the 1960s, but it is worth researching whether this connection extended further back in time. Management Zone 5. a. Design guidelines should be deyeloped to maintain the aesthetic quality of the entrance road sequence. Mill Mountain Management Plan Page 52 The recommendations for each RMZ, described above, address current concems in Mill Mountain Park and offer some guidance for future development proposals. However, these recommendations alone will not provide sufficient guidance to direct action on future proposals for the mountain. Development guidelines, listed in the next section, together with the set of management recommendations above, will provide the comprehensive tools necessary to guide future decisions about the use of Mill Mountain. DEVELOPMENT GUIDELINES Roanoke Parks & Recreation shall preserve and maintain the natural vegetative resources of Mill Mountain and will deter from any further fragmentation that would cause harm to the various viewsheds of the mountain. · Adhere strictly to the Roanoke Comprehensive Plan, City zoning ordinance, and management areas as described within this plan. Establish subcategories of the new City recreation open space (ROS) zoning category to enhance the long-term preservation of these resources as outlined within this plan. Any potential human development shall be in strict conformance to the Department's Planning & Development Guidelines; clearly meet or exceed specific action items within the City Comprehensive Plan, City zoning ordinance; the Parks & Recreation Master Plan, and the Mill Mountain Management Plan's Resource Management Zones (RMZs). Per the approved RMZs described within the Mill Mountain Management Plan, such designations should be officially included within the subcategories of the City's ROS zoning criteria. Thus any proposal that would fall counter to such zoning would require the authorization of three entities for authorization in the following order: the Parks & Recreation Advisory Board, the Roanoke Planning Commission, and City Council. Roanoke Parks & Recreation shall conduct a capacity analysis of the top of the mountain to insure that quantifiable data is obtained tO provide us with our user capacity for any future structure, program, and/or event. The Department shall create a sustainable design criteria to establish ecological friendly, aesthetically pleasing, and unobtrusive design elements for park structures and amenities that would be utilized on either Mill Mountain or any other natural setting within the Department. The guidelines would address features such as culverts, trail bridges, educational kiosks and displays, access control devices, and landscaping materials and methods. 6. Parks and Recreation should explore opportunities as they develop to acquire adjacent parcels of land to add to the park it if supports the general precepts and mission of the plan. Mill Mountain Management Plan P~e53 DOCUMENTS CITED OR CONSULTED American Forests. (1997). Urban ecosystem analysis Roanoke area, Virginia: Calculating the Value of Nature. Washington, DC: Author. Retrieved Janua~ 15, 2005, from http://www.americanforests.org AndreWs, C. M. (1973, April 1). Mill Mountain development suffers from lack of funding [editorial]. Roanoke Times, p. C2. Andrews, C. M. (1975, January 20). Mill Mountain inn has seen better days. Roanoke World- News, p. 7. Barnes, R. (1960, April 2). Mark Evans' mill (1750) gave name to our mountain. Roanoke Times, [no page no.]. Barnes, R. (1967). Roanoke Valley's early iron mines. Journal of the Roanoke Valley Historical Society, 3(2), 24-27. Bruce, C. H. (1982). Roanoke: Past and present. Norfolk, VA: Donning Company. Cities of Roanoke and Salem et al. (2004, January 22)~ Roanoke Valley area ozone early action plan. Retrieved May 6, 2005, from http://www.rvarc.org/work~eap.pdf City of Roanoke, Department of Planning, Building & Development. (2001). Vision 2001/2020: Roanoke, Virginia comprehensive plan. Roanoke, VA: Author. Cranz, G., & Boland, M. (2004). Defining the sustainable park: A fifth model for urban parks. Landscape Journal, 23(2), 102-120. Dotson, P. R. (2003). "Magic City": Class, community, and reform in Roanoke, Virginia, 1882- 1912. Doctoral dissertation. Louisiana State University, Department of History. Fifth Planning District Commission. (1999). Roanoke Valley open space study. Roanoke, VA: Author. Frye, K. ( 1991 ). Roadside geology of Virginia. Missoula, Montana: Mountain Press. Greenways, Inc. (1995). Conceptual Greenway Plan: Roanoke Valley, Virginia. Prepared for the Roanoke Valley Greenways/Open Space Steering Committee. Cary, NC: Author. Harrington, S. D. (1995, July 13). Bowers is inclined to climb mountain. Roanoke, VA: Roanoke Times. Henika, William S. 1997. Economic and environmental geology across the boundary between the Blue Ridge and Valley and Ridge near Roanoke, Virginia. Virginia Geological Field Conference. http://www.wm.edu/geology/vgfc/index.php, accessed 10-3-2005. Mill Mountain Management Plan Page 54 Hill Studio. (2004, July). Mill Mountain Park handbook: A reference guide to planning efforts of thepast and present. Roanoke, VA: Roanoke Parks and Recreation and Mill Mountain Advisory Committee. Hudson, M. (2003, October 1). Walk a mile (or two) in Roanoke's shoes. Roanoke Times, pp. 1, 3. Jackson, T. (1997, November 21). Committee approves sculpture, 8-0. Roanoke Times, pp. Al, A3. J-B Publishing. (1976). Incline, Roanoke, Virginia. Railway History Monograph: Research Journal of American Railways, 1(1), 9-10. Available at the Virginia Room, Roanoke Public Library. Kelly, S. B. (1989, September 3). Henritze house a lofty purchase for a former pilot. Roanoke, VA: Roanoke Times. Macy, B. (2004, June 14). Demystifying Mill Mountain. Roanoke Times, pp. 1, 6. McLeod, N. (2005). Carviffs Cove Recreational Park and Preserve. Senior project. Virginia Polytechnic Institute & State University, Landscape Architecture Department. Montgomery, J. A. (2002a). Pop art, Christmas gimmick, or enduring symbol. Roanoke Times Online. Retrieved February 14, 2005, from http://www.roanoke.com/destination/resources/blueridgeparkway/2623.html Montgomery, J. A. (2002b). Roanoke Valley can lay claim to its share of landmarks. But atop them all is Mill Mountain. Roanoke Times Online. Retrieved February 14, 2005, from http://www.roanoke.com/destination/resources/blueridgeparkway/253.html Moomaw, E. C. (1982). How the Star was turned on. Journal of the Roanoke Valley Historical Society, 11(2), 88-90. Natural Resources Conservation Service. (1997). Soil survey of Roanoke County and the cities of Roanoke and Salem, Virginia. Washington, DC: United States Department of Agriculture. Rhodeside & Harwell. (1991). Mill Mountain Park: Design evaluation and development criteria. Washington, DC: Author. Roanoke City Department of Parks & Recreation. ( 1981 ). Roanoke parks: Today and tomorrow. Roanoke, VA: Author. Roanoke City parks & Recreation. (2000). Comprehensive parks and recreation master plan. Roanoke, VA: Author. Mill Mountain Management Plan Page 55 Roanoke Diamond Jubilee, Inc. (1957). The Roanoke Diamond Jubilee (June 14-23, 1957): Souvenir program and history. Roanoke, VA: Author. Roanoke Times. (1892, May 4). Lunch at Rockledge Hotel: Norfolk and Western officials on Mill Mountain. Roanoke, VA: Author. Roanoke Times. (1892, May 24). Rockledge [advertisement]. Roanoke, VA: Author Roanoke Times. (1892, May 28). Many miles of pipe laid: What the gas and water company has done. Roanoke, VA: Author. Roanoke Times. (1892, June 1). Hotel Rockledge: An excellent place to spend the summer months. Roanoke, VA: Author. Roanoke Times. (1902, June 22). A new park: Street railway purchases 40 acres of land near Crystal Spring. Roanoke, VA: Author. Roanoke Times. (1902, August 12). Labor Day in Roanoke. Roanoke, VA: Author. Roanoke Times. (1903, May 19). The summer theatre. Roanoke, VA: Author. Roanoke Times. (1903, June 14). Opens tomorrow night. Roanoke, VA: Author. Roanoke Times. (1910, July 3). Famous singers at the Casino. Roanoke, VA: Author. Roanoke Times. (1910, August 13). Pleasant trip to Crystal Spring. Roanoke, VA: Author. Roanoke Times. (1910, August 14). Mill Mountain Incline at work. Roanoke, VA: Author. Roanoke Times. (1911, June 4). Incline railway does big business. Roanoke, VA: Author. Roanoke Times. (1911, June 13). Season opens at Mountain Park. Roanoke, VA: Author. Roanoke Times. (1911, July 2). July Fourth at Mountain Park [advertisement]. Roanoke, VA: Author. Roanoke Times. (1914, March 3). Northwest gale sweeps o'er city. Roanoke, VA: Author. Roanoke Times. (1914, May 13). Rebuilding tower on Mill Mountain. Roanoke, VA: Author. Roanoke Times. (1924, August 25). Clermont Land Corporation [advertisement]. Roanoke, VA: Author. Roanoke Times. (1924, August 29). Beautiful road opens Saturday. Roanoke, VA: Author. Roanoke Times. (1924, August 30). Scenic drive to top of Mill Mountain [advertisement]. Roanoke, VA: Author. Mill Mountain Management Plan Page 56 Roanoke Times. (1924, August 31). Cement road on mountain opens. Roanoke, VA: Author. Roanoke Times. (2003, September 9). Mill Mountain Greenway. Roanoke, VA: Author. Roanoke Times & World-News. (1982). Roanoke 100: A centennial edition reprint. Roanoke, VA: Author. Sponaugle, W. C. (1940). Mill Mountain [manuscript]. Federal Writers Project. Available at the Roanoke Public Library, Virginia Room. Virginia Department of Game & Inland Fisheries. (2005). Virginia's Birding & Wildlife Trail. Retrieved April 2, 2005, from http://www.dgif, state.va.us WDBJ-7. (1997, April 23). News-7 at six [Broadcast transcript]. Retrieved April 13, 2005, from: http://scholar, lib.vt.edu/VA-news/WDBJ-7/ WDBJ-7. ( 1998, November 7). News- 7 mornin' [Broadcast transcript]. Retrieved April 13, 2005, from: http://scholar, lib.vt.edu/VA-news/WDBJ-7/ White, C. (1982). Roanoke 1740-1982. Roanoke, VA: Roanoke Valley Historical Society. Mill Mountain Management Plan Page 57 APPENDIX A: HISTORICAL TIMELINE OF MILL MOUNTAIN Entries in italic indicate events that pertain to Roanoke City in general rather than specifically to Mill Mountain. They are included in the timeline to provide context for the development described on Mill Mountain. 6000 B.C.-earlyl700s 1740s 1756 1790s 1852, November 1 1874 1881, spring 1881, July15 1882 Indigenous peoples occupy the Roano~ke Valley, including the area around what will later be called Mill Mountain. They are drawn by the spring at its base and the surrounding fertile hunting grounds offered by the salt marshes on which the City of Roanoke will later be built. Fleeing a violent Pennsylvania-Maryland border dispute, Mark Evans builds and operates a grist mill at what will later be known as Crystal Spring, at the western base of Mill Mountain. George Washington, a 24-year-old commander-in-chief of the militia, spends the night at Evans Mill while reviewing local fort construction for the French and Indian War. William McClanahan, a colonel in the Revolutionary War and one of the largest landowners in the Valley, buys Evans Mill and the surrounding land from the Evans family. The ftrst Virginia & Tennessee train arrives in Big Lick. The event is largely ignored by most residents. Only a handful of local businessmen recognize the potential for economic prosperity that comes with the railroad The town of Big Lick is incorporated. After Big Lick's leaders provide ftnancial incentives, Norfolk & Western (formerly the Virginia & Tennessee) agrees to route their Shenandoah Valley line through town, where it will join their existing line. They also locate their corporate headquarters in town. This fuels an economic boom and rampant land speculation. The Roanoke Land & Improvement comPany, a real estate development subsidiary of Norfolk & Western, is formed Over the next few years, the company buys more than 1,150 acres in and around Roanoke and sells most of it as land prices rise. The Norfolk & Western Railway machine shops, known as the Roanoke Machine Works, open and become the town's largest emplayer. 1882, November 1883, January 15 1884, January 31 1880s, mid 1891 1892 The Roanoke Land & Improvement Co. begins buying up farm land between town and Mill Mountain for housing lots as railroad jobs draw new residents to town. The Roanoke Land & Improvement Co. buys McClanahan Spring (later Crystal Spring) from Elijah McClanahan to supply water to the railroads. They also buy Mill Mountain from Peyton Terry (owner of Elmwood), who had purchased it 5 years earlier. J. B. Austin, president of the Roanoke Land & Improvement Co., finalizes plans to build a road up the western face of Mill Mountain and offers municipal water to the southern half of Roanoke from Crystal Spring. A charter is granted to the Rorer Iron Company. Started by local businessman Ferdinand Rorer, the company buys the mineral rights to an ore deposit on the western ridges of Roanoke Mountain. A narrow gauge railroad, which crosses the river below Wasena Park, is built to link the mines to the Norfolk & Western. The mine remains open into the 1920s. Roanoke is granted a city charter after its population swells to 5,000, an eightfoM increase in the 2 ~ years since the arrival of Norfolk & Western. The McClanahan Mill is accidentally burned to the ground by a group of boys carffing an oil lamp to explore the unused structure. In the midst of the economic boom spurred by the railroads, part of Mill Mountain, including the summit and Crystal Spring, is acquired by the Roanoke Gas & .Water Company from its sister company, Roanoke Land & Improvement. In addition to installing water mains throughout the city, the company begins to develop Mill Mountain as a resort. Local contractor F. D. Booth is hired to build the $10,000 Rockledge Inn as well as a $2,000 observatory at the summit. This wooden tower stands 60 feet tall from its concrete foundation to the lookout level, and another 20 feet to the tip of the flagpole. It includes a searchlight. Booth also builds a dirt road at a steady 10% slope up from the spring to the summit called Pr6spect Road. In order ~o facilitate development of Mill Mountain, Roanoke Gas & Water Co. builds an iron bridge across the Roanoke River to extend Jefferson Street to Crystal Spring. They also install a bridge at Walnut Avenue. 1892, May 3 1892-1893 1893 1893, fall 1900 1902, June 21 1902, fall 1903, June 15 1905, June The Rockledge Inn and Mill Mountain Observatory open with a dinner party that includes local business leaders and railroad executives from as far away as Philadelphia. Roanoke Gas & Water Co. develops a 20-acre park at the foot of Mill Mountain around Crystal Spring. The spring's waters are channeled into a small man-made lake, which is surrounded by turf and walking paths. The national economic depression hits Roanoke. Rockledge Inn closes after failing to attract a steady business. The 2- to 3-hour carriage ride up the mountain is cited as one of the reasons for its failure. The Virginia College for Young Ladies opens at the western foot of Stone Mountain. Roanoke Hospital opens at the foot of Mill Mountain, at the present location of Roanoke Memorial Hospital. When the city runs out of money during construction, Norfolk & Western steps in with the needed funds. Roanoke becomes Virginia's third largest city, behind Richmond and Norfolk, and home to the largest locomotive manufacturing operation in the South. Roanoke Railway & Electric Co. pumhases 40 acres at the base of Mill Mountain, south of Crystal Spring, to develop a recreational facility named Mountain Park. Virginia College students hike to the summit of Mill Mountain and find an elderly African American woman living in the abandoned Rockledge Inn. She grows tobacco on the hotel's picnic grounds and cures it in the dining room. Mountain Park opens. The park includes a dance pavilion, an 800- seat theater for live performances and motion pictures known as The Casino, picnic grounds, a bowling alley, and eventually a roller coaster. The city street car is extended out to the park via Jefferson Street. Roanoke Gas & Water Co. starts construction of a new reservoir at Crystal Spring. 1907 1908-1909 1909, November 1910 1910, Augustl4 1911,May 1914, March 2 1914, May John Nolen, an urban planner prominent in the City Beautiful movement, is hired by the Woman's Civic Betterment Club to develop a master plan for Roanoke. His million-dollar plan, detailed in Remodeling Roanoke, calls for a linear greenway extending from the City to Mill Mountain. The plan is recognized as one of the first in the country to mesh City Beautiful ideals with urban planning. Only small portions of the plan are ever implemented. A short-livedftnancialpanic hits Roanoke. Norfolk & Western begins laying off employees. As the economy improves, local businessmen launch another effort to profit from recreational development of Mill Mountain. They form Mill Mountain Incline Incorporated to finance construction of an incline on the western side of the mountain near the hospital. Initially estimated at $15,000, the project ultimately costs $40,000. The Roanoke Iron Company fabricates the rails, and Philadelphia's J. G. Brill Company builds the electric pulley system and the two cars. Hoping to entice visitors to take the incline to the summit, the company also leases and refurbishes the Rockledge Inn and its grounds and builds a new and taller observation tower near the present-day location of the Star. Roanoke's population expands to almost 39,000, an increase of more than 7,000 residents in a decade. Mill Mountain Incline opens. More than 1,500 passengers turn out to take a ride on the novelty on opening day. Continuing their improvements in order to draw more visitors, the incline owners install new walkways, benches, and swings at the summit. A gift shop, telescope, and powerful electric searchlight are added to the observation tower. Despite these efforts, the incline would never clear a profit after its first season of operation. After standing for 23 years, the Mill Mountain observation tower is destroyed during a wind storm. A second observation tower, similar to its predecessor in design but 90 feet tall, is constructed through the cooperation of the Adams, Payne and Gleaves Company, Roanoke Water Company, and the Mill Mountain Incline Company. Roanoke Railway & Electric Company rebuilds the searchlight. 1914 1915 1917 1919 1920 1923 1924, August30 1924 1928 1929 1930 1930 The city's population expands to more than 38, 000, with an additional 1,200 residents in the suburbs. Roanoke City annexes South Roanoke, including Mill Mountaini American Viscose Corporation opens a rayon manufacturing facility in Roanoke that employs 1,000. By 1928, they would employ 5, 000. Mill Mountain Incline Inc. sells the railway for $7,000 to Roanoke Gas & Water. William P. Henritze acquires most o'f Mill Mountain and the incline from Roanoke Gas & Water. He forms the Mill Mountain Corporation in hopes of developing a residential/resort complex on the mountain. Roanoke's population increases to 50,000. Mountain Park closes. With the city's population still growing, the land is subdivided and advertised as a "high-class" residential subdivision. Henritze and his Mill Mountain Corporation open a $90,000 concrete toll road up the northwestern face of the mountain along the approximate route of the older dirt road. The road features a unique Loop Bridge, in which the road loops over on itself by means of a concrete culvert. Henritze completes construction of his personal residence, which he names Rockledge, adjacent to the toll road's Loop Bridge. The first caretaker's house is constructed on the summit. The Rockledge Inn closes permanently. Over the next 45 years, it will find limited use as a recreation center. Mill Mountain Incline closes. After operating at a loss for many years, the completion of the automobile toll road up the mountain seals its fate. The Great Depression hits Roanoke, although its railroad and other industries help to cushion the blow. Mill Mountain Incline is dismantled and sold for scrap. 1932 1933 1934 1936 1941 1942 1949, Thanksgiving Eve 1950 1950s 1952 1955 1957 Facing bankruptcy, William P. Henritze offers Mill Mountain to the City for $165,000, but with its own finances on shaky ground, the City declines. The Virginia College for Young Ladies closes. Creditors foreclose on most of William P. Henritze's holdings on Mill Mountain. The property is bought for $50,000 by Washington & Lee University, which offers it to the City for $75,000. The City again declines. The 90-foot-tall observation tower at the summit is destroyed by fire. It had fallen into disrepair in the preceding years and is no longer used by this time. Junius B. Fishbum, a prominent local businessman, purchases Mill Mountain from Washington & Lee University and conveys 100 acres of the property to the City of Roanoke for a park. The Fishbums give an additional 36 acres on Mill Mountain to the City. The Roanoke Star is first lit. Originally intended as a Christmas decoration by the Roanoke Merchants Association, the Star attracts so much positive publicity for the city that the group decides to keep it lit year-round. The city receives an additional 38 acres of Mill Mountain from the Fishburns. A power line right-of-way is cleared up the western slope of Mill Mountain, near the hospital. This right of way is near (but not on) the old incline path. Mill Mountain Zoo, built by the Civitan Club, opens as a petting zoo with a nursery rhyme theme. The Roanoke Jaycees provide the miniature Zoo Choo. Roanoke is named an All-America City. Junius B. Fishburn dies. The City's Traffic Safety Council persuades the Roanoke Merchants Association to mm the white Roanoke Star red for two nights after every traffic fatality in the City. This tradition would continue for 17 years. 1958 1960 1963, November 1964 1965, May 1960s, mid 1965, September 7 1967, February 14 1967 1967, September Viscose Corporation closes and Norfolk & Western lays off2,000 workers. Many of the unemployed find work in the newly opened General Electric plant in Salem. City planning efforts turn to revitalizing the struggling downtown, which has lost residents and businesses to the suburbs. The Roanoke Star is turned red for three nights to mark the assassination of President John F. Kennedy. The Mill Mountain Players repurpose the old Rockledge Inn as a live theater. Stanley Abbott, designer of and former landscape architect for the Blue Ridge Parkway, submits his master plan for Mill Mountain Park. The plan presents Mill Mountain as an extension of the Parkway and proposes heavy development, including an elaborate summit complex housing a welcome center, hotel, restaurant, and theater, and parking for 1,000 cars on the slopes with a tramway shuttle to the summit. The plan proposes relocating the Star to Read Mountain. The Spur Road is constructed to connect the Blue Ridge Parkway and Roanoke via Mill Mountain. It is hoped that the road will draw visitors from the Parkway into Roanoke. City Council appoints the Mill Mountain Development Committee to guide implementation of the Abbott plan. Frustrated by the stalled development plans for the park, the Roanoke Valley Chamber of Commerce forms its own committee~the Mill Mountain Park Committee to spur development. The Chamber of Commerce's Mill Mountain Park Committee and the City Council's Mill Mountain Development Committee join forces, deciding to keep the latter name. M. Carl Andrews is named chair. The City of Roanoke purchases an additional 310.33 acres to add to Mill Mountain Park. The Department of City Planning releases their Master Development Plan: Mill Mountain Park, a scaled down version of Abbott's design. The plan increases parking at the summit and sets 1969, March 10 1970s 1970 1971 1973 1974 1975, January 3 1975, January l3 the relocation of the Star and construction of a restaurant and visitor center as priorities. With concerns rising about the condition of the Old Toll Road, construction of a new road to the summit via Walnut Avenue is recommended. City Council formally accepts the City Planning Department's Master Development Plan: Mill Mountain Park, along with the Mill Mountain Development Committee's recommendation that the Old Toll Road remain open. Council sets no timeline for implementing the plan, instead stating that portions will be undertaken "from time to time." Passenger rail service to Roanoke ends. The Mill Mountain Development Committee begins the search for a developer interested in building a restaurant and perhaps a hotel at the summit. The J. B. Fishbum Parkway opens. Running fi.om the intersection of Walnut Avenue and Sylvan Road to the Spur Road, this parkway replaces the Old Toll Road as the primary route to Mill Mountain's summit. The original caretaker's cottage is demolished to make way for construction of the Wildflower Garden, designed by former Blue Ridge Parkway landscape architect Joe Beer. A new caretaker's cottage is installed near the current Discovery Center. Work on the Fishburn Memorial, at the intersection of the Fishbum Parkway and the Spur Road, also begins. The Roanoke Star begins shining red, white, and blue in celebration of the nation's Bicentennial. Mill Mountain Development Committee reports to City Council that the idea of a hotel on the brow of the mountain has fallen out of favor. Construction of an overlook restaurant, however, is still supported. They also state that removing the Star would probably be publicly unpopular. Ken Wilson Associates, a developer hired to complete an economic feasibility study for a restaurant and hotel at the summit, instead presents City Council with another master plan. Unhappy with the firm's deviation from its specified task, City Council shelves the document. Although the plan itself is never pursued, some of its key elements survive to influence later plans for Mill ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! · ! ! · ! ! 1975, June 24 1976 1977 1981 1982 1983 1984 1980s, early 1985 Mountain, including a focus on drawing City residents rather than tourists to the park and the retaining of the Star as an important fixture on the mountain. The J. B. Fishbum Memorial is dedicated. The Mill Mountain Playhouse (formerly the Rockledge Inn) bums down. Mill Mountain Zoo, mn by Roanoke Parks & Recreation, closes because of financial troubles. The Mill Mountain Garden Club completes the Wildflower Garden. Roanoke Jaycees reopen the Mill Mountain Zoo as a nonprofit corporation. The Parks & Recreation Deparm~ent issues its Roanoke Parks Today and Tomorrow master plan. It suggests only minor improvements to Mill Mountain. An anti-graffiti ordinance is passed by City Council in response to ongoing vandalism at Mill Mountain Park. Phase I improvements to Mill Mountain Park begin. This includes construction of the two present-day parking lots, installation of wooden bollards to block vehicle access to the paved path behind the Star parking lot, and renovation of park furnishings and landscaping (including grading and drainage work). Construction documents are prepared by Hayes, Seay, Mattem & Mattem. The Henritze family sells Rockledge, their family home for almost 60 years. It currently remains in private ownership. The Mill Mountain Development Committee requests that the City install an entry gate at the summit of Mill Mountain in order to help prevent unauthorized access a~er park hours. The Mill Mountain Zoo plans to relocate to Explore Park. The Comprehensive Development Plan for Roanoke, 1985-2005 is issued. This city master plan reaffirms Parks & Recreation's Today and Tomorrow master plan and stresses the development of greenways, conservation of the city's natural environments, and provision of youth programs. It emphasizes the creation of neighborhood parks. Mill Mountain is not mentioned specifically. 1985, July 8 1986, January 1987 1980s, late 1988 1989 1990 Mill Mountain Development Committee requests that City Council extend the sand-blasting and repainting of the guardrails along the Old Toll Road up to the Loop Bridge and that repairs be made to the Toll Booth/Archway. The Roanoke Star shines md for one week in memory of the astronauts killed in the explosion of the space shuttle Challenger. Phase II renovations to Mill Mountain Park are completed. These include construction of a visitor center with restrooms on the present site of the Discovery Center, placement of overhead power lines underground, new lighting on the approach road, realignment of the park entrance at Fishbum Parkway because of numerous accidents, and installation of a picnic area and additional walking paths at the summit. As part of their 100th anniversary celebration, The Roanoke Times & WorldNews gives $37,800 to fund construction of a new Star Overlook. The work includes replacing the wooden retaining wall around the Star with a stone wall. City Council seeks a developer for a restaurant to be built on the grounds of the zoo once it moves to Explore Park. The City receives numerous proposals for development on Mill Mountain, including the D-Day Memorial (later built in Bedford) and the refurbishment of the incline railway. The City hires Rhodeside & Harwell to establish development criteria for the park based on in-depth site analysis and public input. The Blue Ridge Zoological Society takes over operation of the Mill Mountain Zoo. The planned move of the zoo to Explore Park falls through. The Zoo remains on Mill Mountain. Rhodeside & Harwell submits Mill Mountain Park Design Evaluation and Development Criteria to the city. After extensive site analysis and public input, the firm recommends preserving the natural state of the mountain and outlines long-term goals and objectives for the mountain, as well as a set of development criteria. City Council "unanimously concur[s], in general, with the goals and development criteria developed" on December 17. 1993 1994 1995 1996 1996, September 12 1997, January18 1997, October21 1997, November 1997, November 20 The City receives a recommendation to stabilize the Loop Bridge on the Old Toll Road rather than reconstruct it. At the request of Mill Mountain Zoo, Hill Studio develops plans for a 300-space, multilevel parking garage at the summit. Although approved by City Council and a committee of city personnel that evaluated the plan against the Rhodeside & Harwell development criteria, the project is later abandoned. The Roanoke Star goes dark for several days after it is damaged by a 3-acre forest fire. The M. Carl Andrews Overlook is dedicated at the Star..Andrews had been editorial page editor of Fi shbum's newspaper, The Roanoke Times, and had served as the first chair of the Mill Mountain Development Committee in 1969, a position he served in for almost 25 years. He'd been a strong advocate for the preservation of Mill Mountain. Greenways Incorporated produces the Conceptual Greenway Plan for Roanoke City and the Valley. One proposed greenway passes through Mill Mountain. The plan has had wide public support since its publication. At the request of Mothers Against Drunk Driving, City Council agrees to mm the Roanoke Star red for one night after each drug- or alcohol-related traffic death in the Valley. Mayor David Bowers hosts a "Summit on the Summit" to develop short- and long-term goals for Mill Mountain Park. The Women's Club of Roanoke upgrades the landscaping around the Star. Parking area improvements are also made. The Mill Mountain Development Committee holds a visioning retreat to continue the work of the Summit on the Summit. A meeting is held in Council Chambers to gather public input into the vision for Mill Mountain. The Mill Mountain Development Committee changes its name to the Mill Mountain Advisory Committee. Mill Mountain Advisory Committee approves the Mill Mountain Master Plan developed by Hill Studio. The plan includes renovation of the existing restroom building as a visitor center, 1997 1998 1998, June 1999 2000 construction of a picnic shelter, and designation of a concert lawn. Plans for a playground are postponed indefinitely because of a lack of funding. After heated debate about the planned installation of the Sister Cities sculptures on Mill Mountain, they are relocated to Century Square in Downtown Roanoke. The Roanoke Valley Area Metropolitan Planning Organization's Bikeway Plan identifies potential bike routes throughout the Valley. The Mill Mountain Greenway and Fishburu Parkway are both included in the plan. An assessment of park security by the Roanoke City Police Department is completed. The Mill Mountain Trails Committee is formed to explore trail development on the mountain. The second caretaker's house is removed. At the request of the Mill Mountain Advisory Committee, City Council ends the practice ofturuing the Roanoke Star red after drug- and alcohol-related traffic deaths. The Star Trail opens. This 1.7-mile-long dirt trail was built by volunteers. The Fifth Planning District Commission (consisting of Roanoke City, Roanoke County, Salem, and Vinton) develops the Roanoke Valley Open Space Study. Citizen input from focus group surveys and mapping exercises indicates a high level of public support for preserving views of forested ridgelines and mountain slopes. Views of Mill Mountain from the City and surrounding region were specifically mentioned as important. The Comprehensive Parks & Recreation Master Plan is approved by City Council. This is the current parks master plan. Action strategies that apply to Mill Mountain include developing multiuse trails and greenways; increasing programming, especially for children, teens, families, and seniors; and preserving the city's natural and cultural assets through interpretation and education. The plan includes a "mini market plan" for Mill Mountain, which was never acted on. The plan seeks to strengthen the park as a tourist destination by adding more picnic shelters and a playground area, as well as upgrading the landscape and giving park amenities a more consistent look. The plan revives the call for a lookout restaurant and a tram ride as important sources of revenue. It also 2000 2001 2001, September 2002 2003, September 2005 identifies the limited parking on the mountain as a problem, especially for special events. City Council approves the plan in May. The Roanoke Star's color scheme is changed to red, white, and blue for three months when Roanoke is named an All-America City for a record-tying fifth year. The 2,200-square-foot Discovery Center opens and the present-day picnic shelter is built. A Mill Mountain Supervisor is hired, for the park and Discovery Center. Vision 2001/2020: Planning for Roanoke's Future Economic Development, Neighborhoods, and Quality of Life lays out the City's vision of itself over a 20~year periocl. It identifies the City's natural environment as one of its most valuable assets and recommends the protection of environmental, historic, and cultural tourist attractions from visual or physical encroachment by incompatible uses. It calls for a comprehensive regional marketing strategy that promotes Roanoke as an outdoors destination offering such attractions as the Blue Ridge Parkway, Carvins Cove, and Mill Mountain. The Roanoke Star is mined red, white, and blue in response to the 9-11 terrorists attacks. The Discovery Center receives the Best New Facility Award from the Virginia Recreation & Parks Society. The 3.5-mile Mill Mountain Greenway & Birding Trail is dedicated. 2004-2005 Mark McConnel & Associates develops plans for a custom playground that reflects the unique mountain environment of Mill Mountain in materials and form. The City of Roanoke expands its zoning classifications for open space. As a result, Mill Mountain Park's total acreage nearly doubles, to 639 acres. APPENDIX B FIGURES 1 - 36 Figure 1. Location map Mill Mountain Figure 2. U.S.G.S. topographic quadrangle Fi~e 3. Existing conditions Figure 4. Aerial photograph Figure 5. Detail of mountain top Figure 6. C~stal Spring c. 1890 Figure 7. Rockledge Inn Figure 8. Rockledge Inn porch Figure 9. First observation tower Figure 10. Crystal Spring Park c.1915 Figure 11. Mountain Park Figure 12. Mountain Park aerial view Figure 13. Casino at Mountain Park Figure 14. Mountain Park dance pavilion Figure 15. Mountain Park roller coaste~ Figure 16. Mill Mountain Incline with hospital in background Figure 17. Side view of the incline Figure 18. Second observation tower Figure 19. Carriage Road Figure 20. Loop-the-loop Figure 21. 1926 city map N Figure 22. Land acquisition i ~ Pan~ Bounda~es Figure 23. Mill Mountain Star c. 1950 ! Figure 24. Mill Mountain Zoo Figure 25. Urban connections Figure 26. Ecological connections Figure 27. Elevation Figure 28. Slope Figure 29. Soils Figure 30. Vegetation Figure 32. Toll road entrance Figure 33. Toll road exit Figure 34. Circulation - roads and trails. Build f~ Mul~t-u~ ~ Steers Figure 35. Composite analysis Figure 36. Resource Mangement Zones Legend ~ Mana~n~nt Zone ~ Maria ,gement Zone 3 Manab~ement Zone mmmm Cultural Resource Zone mmmmmm Fm~m I~ive Zone ~ Pflvat~ Prop~r~y ~... Mill Mountain Trails Plan Submitted to City of Roanoke Parks & Recreation and the Mill Mountain Advisory Committee September 1, 2005 Table of Contents I. Preface II. Glossary of Terms and Acronyms III. Introduction A. Brief History of Mill Mountain's Trails B. Project Partners and Scope of Work C. Existing Direction Relevant to Trails D. Goals, Objectives, and Strategies for the Trail System IV. Trail Inventory A. Description of Project Study Area B. Data Collection Process and Methods C. Summary of Current Trail Conditions D. Access and Parking Trail Management Issues A. Sustainable Trail Design B. Trail User Designation C. Trail Standards D. User Conflicts and Responsible Behavior VI. Trail Recommendations A. Trail Prescriptions for Usage and Closure B. Trail Names and Termini C. Trails by User Group D. Specific Trail Improvement Recommendations E. Trail Difficulty Rating F. Access and Parking VII. Trail Management Recommendations A. Illegal Uses B. Operations and Maintenance Plan C. Volunteer Assistance D. Resource Protection Issues E. Signage F. Education VIII. List of Resources Appendix A Appendix B Appendix C Appendix D - Trail Inventory Forms - Trail Data Sheets - Trail Management Issues - Guidelines and Etiquette for Trail Users I. Preface from Donnie Underwood, Roanoke Parks and Greenways Planner ...the perfect setting for leaving the paradigm of our life situation behind for just long enough to begin to feel and see what really concerns us ...... Trails, open spaces and our parks am, indeed, vital structural components to a community due to their provision of, at least for a moment in time, a perfect setting. A park trail is not simply a route from here to there, rather it is a place to reconnect with ourselves and nature. In the development and care of these trails, we need to think about the experience for which we provide stewardship ....... what will it look, feel, smell, taste, and sound like to each user? Gifford Pinchot, Chief Forester under President Theodore Roosevelt, coined it best when charged with the administrative task of creating a policy directive that could be used to guide resource management for a wide variety of issues including wildlife, forestry, public parks and open spaces ....... "the greatest good for the greatest number for the longest time"; thus, the phrase for ever-after would be known as conservation,t Sound conservation and stewardship are at the heart of Roanoke's philosophy regarding appropriate access to our natural landscapes. It was this same ethic that prompted both the Mill Mountain Advisory Committee and the Department of Parks and Recreation to work jointly towards a sound and sustainable access plan for Mill Mountain's trails; in essence, the Mill Mountain Trails Management Plan. The process that you are about to discover is best described as a "labor of love" that was crafted by eight individuals who cherish the resource known as Mill Mountain. With an excess of two- hundred service hours logged and countless additional hours of data analysis spread-out over numerous evenings and weekends, our trails task force made up of volunteers and City staff has brought this management plan to fruition for the enjoyment of trail users for decades to come. It is the trail user, both you and I, and thousands of users yet to come that are indebted to the care and dedication this team has forged for our enjoyment .......................... The Mill Mountain Trail Task Force - "The Team" Brian Batteiger, Chair of Valley Area Shared Trails Liz Belcher, Roanoke Valley Greenway Commission Paul Chapman, Roanoke Parks and Recreation Dick Clark, Mill Mountain Advisory Committee Tom Clarke, Roanoke Parks and Recreation Betty Field, Mill Mountain Advisory Committee Bill Gordge, Pathfinders for Greenways Linda Oberlender, Pathfinders for Greenways Donnie Underwood, Roanoke Parks and Recreation 3 II. Glossary of Terms and Acronyms BMP - Best Management Practices, standards of the profession for the best ways in which to implement actions Front countW - A natural area close to population centers, as opposed to backcountry which is remote and removed from access points GPS - Global Positioning System, equipment communicating with satellites to pinpoint locations and provide mapping IMBA - International Mountain Bicycling Association, an organization promoting the sharing of trails with mountain bikers MMAC - Mill Mountain Advisory Committee, a City Council appointed board of citizens. Multi-use - Trails that are used by more than user group, such as hikers, mountain bikers, and equestrians. Also referred to as shared-use trails NPS - National Park Service, an agency in the Department of Interior, responsible for management of the Blue Ridge Parkway Sustainable Trail Design - What is a sustainable trail? The National Park Service has defined sustainable trails as follows: Sustainability is the ability of the travel surface to support current and anticipated appropriate uses with a minimal impact to the adjoining natural systems and cultural resources. Sustainable trails have negligible soil loss or movement and allow the naturally occurring plant systems to inhabit the area, while allowing for the occasional pruning or removal of plants necessary to buiM and maintain the trail. If well built, a sustainable trail minimizes seasonal muddiness and erosion. It shouM not normally affect fauna adversely nor require rerouting and major maintenance over long periods of time. - US Department of the Interior, National Park Service, Natural Resource Management Guidelines, 1997 Team - Trail Plan Team UTAP - Universal Trail Assessment Process, a system developed by Beneficial Designs to rank the accessibility of trails for handicap users VAST - Valley Area Shared Trails, a group representing a variety of trail users and dedicated to assisting local governments with expanding trail opportunities Vision 2001 - City of Roanoke's Comprehensive Plan III. Introduction A. Brief History of Mill Mountain's Trails For centuries Mill Mountain has drawn people to its slopes and summit for natural resources and recreation. As early as 6,000 B.C. indigenous people were attracted to the large natural spring at the base of the mountain. In 1882, the first documented road was built up the western slope to increase the municipal water supply. Later, other roads and trails were built either to bring people to the summit for outdoor recreation, to provide access to the forested slopes for loggers or fire management, or to reach the mountainous area behind Mill Mountain. A 1943 map shows most of today's roads and trails as existing fire trails. The trail system also holds regional, state, and national significance via the Mill Mountain Greenway Trail which connects to downtown Roanoke, the Star Trail which is on the Virginia Birding and Wildlife Trail, and Ridgeline and Wood Thrush trails through Mill Mountain Park which connect to the Blue Ridge Parkway trail system. Due to the mountain's unique character and prominence, City Council created 'The Mill Mountain Development Committee", later known as the Mill Mountain Advisory Committee (MMAC). This appointed body's role is to advise City Council, via the Department of Parks and Recreation, on any and a~ll development proposals for the park. In 1998, the MMAC established a trails subcommittee. This subcommittee worked with the Department of Parks and Recreation to investigate possible trail connections using existing paths. The result was a proposed trail from the base of the mountain near Riverland Road to the summit, behind the Mill Mountain Star, later known as the "Star Trail". The MMAC recommended this action to City Council, and the trail was built by volunteers and opened in 1999. In 2001, the Department of Parks and Recreation was approached with the notion of having the trails on the mountain open for mountain bike usage. City policy at the time prohibited bicycle usage within public parks except on paved roads. A group of trail users from the differing user-groups (hikers, bikers, and equestrians) together with staff from Parks and Recreation coordinated to form the Valley Area Shared Trails (VAST) group. VAST has resulted in over one-hundred thirty men, women, boys, and girls joining forces to help create and repair trails on Mill Mountain as well as other natural trails in the Roanoke Valley. In 2003 the most recent initiative by Parks and Recreation and the MMAC began to help enthusiastic volunteers inventory existing trails on the mountain and obtain accurate GPS locations of each pathway, trail, and fire road. Over the years a labyrinth of old road beds, trails, and utility corridors had developed on Mill Mountain. Many 0fthese receive significant use as trails, but are unmarked and inconsistently maintained. In some areas only people who know where the trails are located, where they begin and end, can find the connections. Within the last two years, both the MMAC and Department of Parks and Recreation have taken great strides in changing public policy and steering an ethic of responsible natural resource stewardship regarding the mountain and how human access is best managed. The initiative of this trail management plan was a direct result of a series of consistent and thoughtful processes led by City staff and dedicated volunteers. B. Project Partners and Scope of Work In the winter of 2005, Parks and Recreation created a team of volunteers and staff from the Greenway Commission, Pathfinders for Greenways, and the Valley Area Shared Trails group to address the growing need for managing Mill Mountain's trails. As part of the land-use planning process of Parks and Recreation and the MMAC, the team's initial assignment was to inventory existing trails and utilize Best Management Practices (BMP's) for trail assessment to identify which trails were best suited for the different types of usage (hiking, biking, and horseback riding). The process of developing that plan highlighted the importance of the trail 5 system for outdoor recreation and environmental education opportunities. Consequently, the trail team developed a trail management plan which could be incorporated into the Mill Mountain Land-Use Plan. The Trail Plan Team's objectives were: 1) To inventory and map existing trails, road beds, and paths within the Park. 2) To evaluate the suitability of each trail for use by hikers, equestrians, and mountain bikers. 3) To identify an official trail network for Mill Mountain Park. 4) To explore connecting the trail system for Mill Mountain Park with the Blue Ridge Parkway and Roanoke Valley Greenway trails. 5) To identify the issues, challenges, and opportunities for managing the trail system. 6) To identify needs, such as improvements to trails and ancillary facilities. 7) To identify operation and maintenance issues to be addressed by Parks and Recreation. 8) To provide input from representative trail users for the planning process. C. Existing Direction Relevant to Trails The Trail Plan Team reviewed existing deeds, goals, plans, study findings and vision statements to crystallize direction pertinent to trails. These include: Fishbum Deed (1941): [Mill Mountain ...]"Developed and forever preserved, improved, and maintained for the use and pleasure of the people of the City of Roanoke, Virginia, and vicinity". Rhodeside and Harwell (1991): "B. Presentation of Goals and Objectives 1. Preserve visual integrity both to and from Mill Mountain. 2. Preserve Mill Mountain as a natural resource. 3. Preserve Mill Mountain as a symbol of Roanoke. 4. Enhance Mill Mountain as a place for recreation. · Maintain Mill Mountain as a predominantly passive park environment. · Enhance the close relationship between the Blue Ridge Parkway and Mill Mountain by developing scenic and nature-oriented recreational opportunities on the Mountain." Comprehensive Parks and Recreation Master Plan (2000): Action Strategies: 9. "Develop trails, greenways, and on-road bicycle facilities, doing so in a way to interconnect shopping areas, schools, work sites, parks, other important places in the valley, and future open spaces. Where appropriate, trails should be multi-use mils, accommodating activities such as hiking, bicycling, and horseback riding. The development of greenways has very strong grassroots support throughout the City and Roanoke Valley." Vision 2001/2020 (2001) EC A7 "Promote trails on City-owned land, where feasible and suitable." EC A8 "Promote and increase access to trails and natural areas by providing parking, guide maps, and appropriate marking." Mill Mountain Vision Statement (2005): "Mill Mountain will continue to enrich the quality of life for those who visit, work and live in the Roanoke Valley. It is an integral component of the green infi'astructure of the region, or our urban fabric, and of the evolution of the City, which shall be honored and preserved. Through sound stewardship, Mill Mountain will offer environmentally sensitive educational, recreational, and civic opportunities while preserving its natural character and resources." A review of the literature about Mill Mountain, and a series of meetings with representative citizen's groups indicated that the mountain has been viewed in many ways by the people of Roanoke. These views generally fit within four descriptive categories: 1. Mill Mountain as a beautiful, natural environment that should be retained 2. Mill Mountain as an important symbol for the City of Roanoke 3. Mill Mountain as a significant visual landmark 4. Mill Mountain as a recreational resource D. Goals, Objectives, and Strategies for the Trail System on Mill Mountain The Trail Plan Team developed the following goals and objectives for the trail system on Mill Mountain. Goal: To provide a sustainable network of trails which provides residents and visitors with opportunities to enjoy the natural environment in ways which fulfill their physical, emotional, and spiritual needs while protecting the mountain resources. Objectives: To provide opportunities for multiple uses, including hiking, mountain biking, bicycling, and horseback riding. To provide opportunities for disabled users and young people. To provide sustainable trails. To provide trails with a range of difficulties, but generally rated as easy to more difficult. To provide linkages to other trail networks, including Roanoke Valley greenways and Blue Ridge Parkway trails. To provide a spectrum of opportunities for educators, including scientists, artists, naturalists, and teachers. Strategies: Provide loops. Provide sustainable trails built to standards of U.S. Forest Service and International Mountain Bicycling Association (IMBA). Provide connectivity among trails and destinations. Provide for multi-use trails, including hikers, mountain bikers, bicyclists, and equestrians. Provide signage and wayfinding. Develop a cadre of volunteers to assist with maintenance. Provide parking for a variety of users and vehicles. IV. Trail Inventory A. Description of Project Study Area The project study area included 574-acres of Mill Mountain Park. In addition, the Team assessed the Fern Park Trail as a potential connection to the Blue Pddge Parkway trails. Mill Mountain Park is approximately a mile from Interstate 1-581 and abuts the Blue Ridge Parkway. The Park is predominately a natural area, except for approximately 10 acres at the summit that are maintained for the Mill Mountain Star, picnic area, Discovery Center, wildflower garden, scenic paths, Mill Mountain Zoo and parking areas. Vicinity Map for Mill Mountain Park Craig County Roanoke County Botntourt County Franklin County 8 B. Data Collection Process and Methods Pl'oce$$ The team used the following process: 1. Inventory a. Development of inventory forms and system. b. Training and procedure review with team. c. Inventory of existing trails and road beds. d. Review of potential trails and connections. 2. Mapping of existing and potentials trails. 3. Review and definition of standards by user group. 4. Review of trail data to determine user suitability and difficulty. 5. Coordination with Mill Mountain Management Plan team. 6. Recommendations for each trail of user groups and actions needed. 7. Composition of trail plan for presentation to Mill Mountain Advisory Committee. Methods The team review.ed several existing trail inventory systems, including the U.S. Forest Service, National Park Service, and Appalachian Trail Conference. Four of the Team members had been involved with the Blue Ridge Parkway trail inventory and plan, which used the Universal Trail Assessment Process (UTAP). The team decided to use a simplified version of that process. The UTAP system is a method developed by Beneficial Designs for assessing the accessibility of the trail for wheelchairs. The system records trail characteristics such as corridor width, tread width, slope, cross slope, obstacles and condition. Because UTAP is most useful when a trail system is complete, the Team made modifications to the forms to make them more suitable for collection of pertinent data. A sample cover sheet, data sheet, guidelines to the team, and a UTAP instruction sheet are included in Appendix A. The inventory data was collected in leaf-off season in the winter of 2005. Trails were mapped using Trimble GeoExplorer and TDC1 GPS equipment with assistance from the Roanoke Valley Governor's School. There are significant gaps in satellite coverage for certain parts Of the mountain due to topographical and forest canopy challenges; these sections were mapped multiple times. The raw data and draft mapping were then presented to Virginia Tech for GPS correction and final trail mapping. With regard to trail names, some of the trails had existing colloquial names. These were used during inventory. Others were given names by the team as illustrated via the tables on the next page that show the trails which were inventoried and those which were only mapped. Those which were only mapped were~either "not yet in existence but potential connections" or created by "illegal motorized activity". 9 Trails Assessed with Inventory Names Name Used During Inventory Segment Start Segment End West Side Car Trail Prospect Road at Big Sunny Robin Hood Rd. Connecting Trail Car Trail Saddle Fern Park Trail - Upper Developed area House site Fern Park Trail - Lower Developed area Upper trail lan's Spot Fishburn Parkway Dead end below Monument Trail Ivy Trail Ivy Street Woodcliff Road Kepley Trail Saddle Morrison Street Mill Mountain Greenway Prospect Road at Sylvan Discovery Center Mill Mountain Greenway Extension Saddle Discovery Center Mill Mountain Star Trail - Lower Parking lot at Rivedand Edge of woods near water tower Mill Mountain Star Trail - Upper Edge of woods near water tower Mill Mountain Star Trail Connectio~ Mill Mountain Star Trail Connection Parking lot at Star (going to dght) Star overlook Monument Trail Monument near Fishburn Parkway Star Trail Terra Alta Trail Star Trail Sylvan Road Watchtower Trail Mill Mountain Star Trail Connectior Mill Mountain Greenway Garden City Side ATV Trail - Unauthorized Tree line at Parkway Contour Road Bear Hero Trail Triangle Corner on NPS Monumer Better Yet Trail Better Yet Trail NPS Monument Trail 3 ravine convergence Contour Road - Garden City NPS boundary by ravine "The Flat" Contour Road Spur #1 Contour Rd Segment 3 Fishburn Parkway Contour Road Spur #2 The Flat Fishburn Parkway H20 Trail The Flat Hilltop Contour Rd. Hilltop Contour Road Powerline Crown Point St. Hilltop Loop Trail The Flat Hilltop Contour Rd. NPS Monument Trail Virginia Pine Lane Triangle Corner Neighborhood Loop Contour Rd #4 Contour Rd #5 ~/irginia Pine Lane Hartsook Blvd, NPS boundary/NPS Monument Tr. The table below shows the routes which were mapped, but not inventoried because they either were not built yet or were illegal ATV paths. Trails Mapped but Not Assessed - Potential Connections,or Closures Mapped Trails Not Inventoried- Potential Connections or Closures Name Used During Inventory Segment Start Segment End ATV Trail 2 - Unauthorized Contour Road/Neighborhoood Tr. Contour Road Segment 5 ATV Trail 3 - Unauthorized Contour Road Segment 3 Contour Road Segment 4 ATV Trail 4 - Unauthorized Contour Road Segment 2 Back yard on Estates Drive Crown Point Connector - new Crown Point St. Contour Road Segment 5 Fern Park Trail - new Upper trail Chestnut Ridge Trail Kepley Trail (New to replace road );Near Morrison St. Yellow Mtn Road. Powerline Trail Riverland Rd. Trailhead Hilltop Contour Road Tower-Flat Connector ]'he Flat Water tower Yellow Mtn. Connector Virginia Pine Lane Yellow Mtn Road 10 N Inventory of Existing Trails on Mill Mountain - Winter 2005 Legend : Ullofllcial Trails 0 500 1,000 2.0~eet l! C. Summary of Current Trail Conditions Most of the trails on the mountain are in good condition with little erosion. This stability is largely attributable to the age of the roadbeds and the rockiness of the soil. Some of the road beds with excessive grade (>20%) are eroded and rutted, particularly the Hilltop Contour Road. Other erosion is evident on the multiple trails made by all terrain vehicles (ATVs) and motor bikes on the Garden City side of the mountain. There is one creek crossing on the Contour Road Trail which has been significantly rutted out by ATVs. The table below summarizes the trail conditions found during inventory. Data sheets are in Appendix B. Typical Typical Max Sustained Name Used During Inventory Length Width Grade Grade Surface West Side 24" for 1328' 23% for 50' Car Trail 3839' 60" for 2511' 5% 21% for 30' Natural 27% for 140' Connecting Trail 702' 36" 22% 24% for 140' Natural 25% for 81' Fern Park Trail - Upper 1674' 24" 9% 21% for 84' Natural 45% for 15' lan's Spot 375' 48" 17% 20% for 60' Natural 25% for 230' Ivy Trail 3540' 110" 3% (paved section) Gravel 21% for 150' ~epley Trail 3383' 48" 12% 19% for 205' Natural 12% for 435' Mill Mountain Greenway 6481' 210" 10% 11% for 410' Paved Mill Mountain Greenway Extension 4000' 24" 8% 15% for 50' Natural Mill Mountain Star Trail - Lover 1296' 168" 11% 14% for 225' Gravel 35% for 70' Mill Mountain Star Trail - Upper 7204' 48" 12% 21% for 90' Natural Mill Mountain Star Trail Connection 468' 144" 3% 7% for 150' Gravel Monument Trail 4214' 24" 8% 18% for 85' Natural 24% for 60' Terra Alta Trail 3952' 24" 8% 17% for 110' Natural Watchtower Trail 1228' 60" 7% 12% for 205' Natural Garden City Side >20 for 200' ATV Trail - Unauthorized 1495' 46" 15% >15 for 500' Natural Bear Hera Trail 300' 84" 20% 28% for 75' Natural Better Yet Trail 1100' 84" 15-20% >20 for 225' Natural Contour Road - Garden City -~1 968' 48" 6% 18% for 75' Natural Contour Road - Segment #2 1293' 60" 10% 23% for 110' Natural Contour Road - Segment #3 99' 72" 5% 5% Natural Contour Road - Segment ~ 1058' 60" 5% 12% for 60' Natural 21% for 55' Contour Road - Segment #5 2417' 72" 10% 19%for 65' Natural Contour Road Spur #1 1668' 72" 10% 16% for 220' Natural Contour Road Spur #2 236' 72" >15% 19% for 170' Natural H=O Trail 1194' 72" 6% 11% for 110' Natural 1/2=5% ·15%for400' Hilltop Contour Road 2342' 60-72" 1/2=16% in two places Natural >17% for 410' Hilltop Loop Trail 830' 54" 15% 22% for 160' Natural NPS Monument Trail 1059' 96" 8% 10% for 210' Natural Neighborhood Loop 298' 48" 8% 10% for 75' Natural Vir~linia Pine Lane 2233' 96" 8% 20% for 60' Natural 12 D. Access and Parking Mill Mountain's strategic location between South Roanoke, Garden City, and the Blue Ridge Parkway contributes to its functioning both as a neighborhood park and an important destination site. Many people walk, bike, or ride to the trails from their homes. Others drive to one of the parking lots and use the trails from there. Some of the trails with termini on neighborhood streets are principally accessed without a vehicle; others have minimal on-street parking. The table below lists the various access points and facilities. Inventory of Access to Mill Mountain Trails Number of Location Type Vehicles Other facilities 54 cars; Visitor center; bathrooms; Mill Mountain Discovery Center Parking Lot 3 buses,RVs Dicnicking; overlook Mill Mountain Star Parking Area Parking Lot 15 Overlook; bathroom; kiosk Riverland Road Trailhead Parking Lot 10 Brochure dispenser Crown Point St. On street parking 4 ,None Fern Park/Jefferson St. On street parking 2 !Park, playground Fishburn Parkway at Monument On street parking 3 Designated by curbing Fishburn Parkway at Star Tr. On street parking 2 Designated by guardrail Hartsook Blvd. On street parking 6 None Mordson Street On street parking 2 None Robin Hood Road On street parking 2 None Woodcliff Road On street parking 4 Gate, utility building Yellow Mtn. Rd. - east side On street parking 6 Gravel pull-off Ivy Street Walk/ride-in 0 Gate Prospect Road at Big Sunny Walk/ride-in 0 None Prospect Road at Sylvan Walk/ride-in 0 None Yellow Mtn. Rd. - west side Walk/ride-in 0 None ]3 ~ V. Trail Management Issues The team members recognize that accommodating the trail needs of both residents and visitors to the Roanoke Valley, while protecting the resource base, is a challenging task. Mill Mountain provides an urban, "front count~" trail system that could see hundreds of users a week. Long term management will require sustainable trail design and the continued development of a partnership approach to planning and managing trail resources. The team identified the following issues which Parks and Recreation managers will need to address in managing the trails. Additional information is provided in Appendix C. A. Sustainable Trail Design Sustainable trails are needed to protect the soils of Mill Mountain and provide facilities that require minimal maintenance. Trails should be located in such a way that they can be used without significant trail degradation or erosion. Such trails are aligned with a rolling contour design, using grade dips as a standard drainage structure to remove rain water. The IMBA book Trail Solutions is an excellent resource for designing trails. B. Trail User Designation In developing this plan, the team discussed strategies available to manage types of use on trails. These strategies include single use trails for different user groups, multi-use trails for all or portions of trail networks, and time-sharing programs in which various user groups are allowed on the trail at different times of the week. This plan recommends that most trails on the mountain allow multi-use with hikers, mountain bikers, and equestrians, but that some trails be reserved for single use. Two ko, considerations in designing sustainable trails are proper siting and construction to reduce erosion. Trail erosion is caused ~1' o combination qf grade, water. soil 0,~e, and trail users. Water damages the trail su~ifaee hy removing soil when il.flows across its sutyface. The steeper the grade, the more veloci(v and power the water has to move material downhill Trail users increase this erosion potential ~v loosening the suSJace pf the tread, making it eosier Jbr water lo scour it away. In order to prevent erosion, il is critical to site the trail in a manner that encourages sheet flow (a dis~ersed flow ~f water across the traiO rather than channeling lhe water down the trail, ]eading 1o a down-curling (~'tlle trail tread. Blue Ridge Par~ay Trail PI~, Final Draft C. Trail Standards The team reviewed trail design standards from a wide range of agencies and published sources, as listed at the end of this document. After review and comparison of recommendations, Park staff selected the U.S. Forest Service guidelines for use in developing this plan. 14 U. S. Forest Service Trails Management Handbook Guidelines, Region 8 11/8/91 Hiker Mountain Bike Homeback Grade Max for Easiest 20% for 100' 10% for 100' 15% for 200' Max for More Difficult 30% for 300' 30% for 300' 25% for 300' Max for Most Difficult +30% for 500' +30% for 500' =30% for 500' Max. sustained 5%, 10%, 15% Turning radius 6', 3', 2' Clearing Iwidth x ht) Easiest 48" x 8' 48" x 8' 8' x 10', 6' between trees More Difficult 36-48" x 8' 36-48" x 8' 6' x 8' Most Difficult 36' x 8' 36" x max. 8" 3-4' x max 8' Tread (width & surfaceI Easiest 18-24", spot gravel 24", relatively smooth 24", surface for stability More Difficult 12-18", some obstacles 12-24", rough sections 24", leave roots&recks Most Difficult 12", no graded tread 12", some portage 18", not graded exc. >30% side slope D. User Conflicts and Responsible Behavior Trail conflicts develop for a variety of reasons, usually related to users expectations and desired experience. Many conflicts occur because of inconsiderate user behavior. Such conflicts can be avoided by education on trail etiquette, posting of guidelines and regulations, and enforcement of rules. Frequency of contact is an important factor, as hikers normally travel at 2 miles per hour, horses at 5-6 mph, and mountain bikers at 3-15 mph. Interaction among users can be reduced through careful design and construction or management actions by Parks and Recreation, such as restricting the direction of usc, days of use, or types of users. The team recommends an educational program to instill a trail ethic of etiquette in all users. All trail users should know who has the right of way. Bikers yield to hikers and horses, with hikers also yielding to horses. Trail Right of Way Symbol TRAIL COURTESY YIELD TO Etiquette guidelines for various users are included in Appendix D. All users should be courteous, speak to others and homes when approaching to pass, restrict noise, and "leave no trace". 15 VI. Trail Recommendations A. Trail Prescriptions for Usage and Closure The team reviewed each trail in light of the standards presented above in Section V-C and the goals and objectives from Section III-D. The recommendations are shown in the tables below and on the following page: Trail Uses and Closures Name Used During Recommended Recommended Use Rationale Inventory Name West Side Open to hikem, mtn. Historically open; grades moderate, condition Car Trail Big Sunny Trail bikem, equestrians good. Open; one way for Historically open; grades steep; one way Connecting Trail Riser Trail horses and mtn. uphill needed for safety and sustainability. bikes Extend to Chestnut Not part of Mill Mtn Park or Plan; provides Fern Park Trail Fem Park Trail Ridge Trail; hikem connectivity to Parkway trails and access for only Mill Mtn. Parkway trails ara hiker, equestrian nnlv lan's Spot No name Close Too steep; does not connect to trails. Open to hikem, mtn. Easy grade, good condition; too close to Ivy Trail Crystal Spring Trail bikes neighborhoods for homes. Open to hikers, mtn. Historically open; fair-good condition; major Kepley Trail Ridgeline Trail bikers, equestrians connector to Parkway's Chestnut Ridge Trail. Mill Mountain Mill Mountain Open to all Historically open; paved; connection to Greenway Greenway downtown. Mill Mountain Open to hikers, mtn. In Greenway Plan; connectivity to Discovery Sreenway Extension Ridgeline Trail bikem, equestrians Center Open to hikem, mtn. Gravel mad suitable for any use; sign as Mill Mountain Star Wood Thrash-Star ~)ikem, equestrians access to Star and Wood Thrash Trails. Trail - Lower Access Trail Consider improvement or off-mad mute. Need connection to Roanoke River Mill Mountain Star Star Trail Open to hiking only Built for hikers; steep grades; modify termini Trail - Upper so that qravel mad is not part of Star Trail Mill Mountain Star No name Open to hikem, mtn. Major connection to Star from parking lot and Trail Connection bikem, equestrians trail; more of a pathway than trail Open to hikem, mtn. Good sidehill trail; good connectivity; Monument Trail Monument Trail bikers, equestrians; combining the two will simplify trail system. combine with Terra Alta Open to hikers, mtn. Good sidehill trail; good connectivity; Terra Alta Trail Monument Trail bikers, equestrians; combining the two will simplify trail system. combine with Monument Open to hiking only Good width and grade, but steps required to Watchtower Trail Watchtower Trail connect to Mill Mountain Greenway/Prospect Road ! ! 16 Name Used During Recommended Recommended Use Rationale Inventory Name Garden City Side Close Illegal Parkway access; too steep; not ATV Trail - Unauthoriz, No name sustainable. Bear Here Trail No name Close Too steep; not sustainable Close Too steep; not sustainable; no access on Better Yet Trail No name downstream end Open to hikers, mtn. Good sidehill trail; dual track; sustainable. Contour Road - Wood Thrash Trail bikers, equestrians Need connections on each end to form Garden City -~1 continuous trail from Yellow Mtn. Road to ~vnt~r tnw~r nnd Riv~dnncl Rd Trnilh~nrl Contour Road - Wood Thrush Trail Open to hikers, mtn.' Combine with segment #1 above. Segment #2 bikers, eauestrians Contour Road - Segment #3 Wood Thrush Trail Open to hikers, mtn. Combine with segment #1 above. biker~, ~questdans Contour Road - Wood Thrush Trail Open to hikers, mtn. Combine with segment #1 above. Segment #4 bikers, eauestdans Contour Road - Segment #5 Wood Thrush Trail Open to hikers, mtn. Combine with segment #1 above. biker~, equestrians Contour Road Spur No name Not recommended Connects to J.P. Fishbum Parkway, but #1 auardrail blocks users. Contour Road Spur No r~ame Not recommended Connects to J.P. Fishbum Parkway, but #2 qwrdrail blocks users. H20 Trail No name Do not open Currently grown up; do not open; connection to Hillside trails not recommended. Close Too steep; very eroded in places; not Hilltop Contour Road No name sustainable; provides illegal access to ATVs and motor bikes Hilltop Loop Trail No name Close Too steep; not sustainable Open to hikers, mtn. Sustainable; connection from Contour Road NPS Monument Trail Wood Thrush Trail bikers, equestrians Trail to Yellow Mtn. Rd.; used by NPS for boundary maintenance Neighborhood Loop No name Close Dead end into a yard on Estate St. Open to hikers, mtn. Needs rehabilitation, but could be sustainable Virginia Pine Lane Virginia Pine Trail bikers, equestrians and provides best access to Garden City neiohborh~d. ll~apped Trails ATV Trail 2 - Close ATV created; significant erosion and stream Unauthorized No name deqradation. A'I'V Trail 3 - Close ATV created; stream degradation. Unauthorized No name ATV Trail 4 - Close Too sieep; dead end into a yard. Unauthorized No name Crown Point No name Do not open Trail access at Hartsook instead. No need to Connector - new build if access closed. Fern Park Trail - new Fern Park Trail Build Provides connection from Fern Park Trail to Chestnut Ridoe and thus Ridqeline Trail. Kepley Trail (New to FUture Possible short connection in futura if road replace road ) Ridgeline Trail walk on Morrison becomes Dr0blematic. Powertine Trail No name' Close Steep; not sustainable; illegal motorized use. Build Connection from Contour Road Trail/F(at to Tower-Flat Connector Ridgeline Trail water tower and Riveriand Rd. Trailhead; ,rovides connection for multi-use on Garden ~.il~ ~id~ Yellow Mtn. Build Connection from NPS Monument Trail to Connector Ridgeline Trail Yellow Mtn. Rd for multi-use trail. Need NPS ! B. Trail Names and Termini The team reviewed the existing colloquial and inventory names and the City standard practices for naming facilities. The trail recommendations above involve combining several of the trails into continuous sections. The following names are recommended for the trail system. Mill Mountain Trail System Names Name Used Durin~l Inventory Official Name INest Side Car Trail Big Sunny Trail Connecting Trail Riser Trail Ivy Trail Crystal Spring Trail Keple¥ Trail Ridgeline Trail Mill Mountain Greenway Mill Mountain Greenway Mill Mountain Greenway Extension Ridgeline Trail Mill Mountain Star Trail - Lower Wood Thrush - Star Access Trail Mill Mountain Star Trail - Upper Star Trail Mill Mountain Star Trail Connection No name Monument Trail Monument Trail Terra Alta Trail Monument Trail Watchtower Trail Watchtower Trail Garden City Side Contour Road Trail - Segments 1-5 Wood Thrush Trail NPS Monument Trail Wood Thrush Trail Virginia Pine Lane Virginia Pine Trail Tower-Flat Connector Wood Thrush Trail Yellow Mtn. Connector Wood Thrush Trail The termini of the official trails are shown in the table below. Termini of Trails in Mill Mountain System Trail Name Termini Big Sunny Trail Mill Mtn. Greenway/Pmspect Rd to Robin Hood Crystal Spring Trail Ivy St. to Woodcliff Rd Mill Mountain Greenway Sylvan Rd. to Discovery Center Monument Trail The Monument to Sylvan Rd. Ridgeline Trail Discovery Center to Yellow Mtn. Rd. Riser Trail Big Sunny Trail to Mill Mtn. Park entrance Star Trail Wood Thrush-Star Access Trail to Star Virginia Pine Trail Hartsook Blvd. to Wood Thrush Trail Watchtower Trail Star to Mill Mtn. Greenway/Pmspect Rd. Wood Thrush Trail Wood Thrush - Star Access Trail to Yellow Mtn. Rd Wood Thrush - Star Access Trail Riverland Road Trailhead to water tower 18 ---=-=-.- ~stin~ fo~ Multi-use ~sssss~ ~ulid f~ Multi-use Official Mill Mountain Trail System C. Trails by User Group The table below shows facilities open to each user group. Hikers Mountain Bikes Road Bicycling Horses Big Sunny Trail Big Sunny Trail I.P. Fishbum Parkway Big Sunny Trail Crystal Spring Trail Crystal Spring Trail Mill Mountain Greenway Mill Mountain Greenway Mill Mountain Greenway Mill Mountain Greenway Mill Mountain Spur Road Monument Trail Monument Trail Monument Trail Ridgeline Trail Ridgeline Trail Ridgeline Trail Riser Trail Riser Trail Riser Trail Virginia Pine Trail Star Trail Virginia Pine Trail Wood Thrush Trail Wood Thrush - Star Virginia Pine Trail Wood Thrush Trail Access Trail Wood Thrush - Star Access Watchtower Trail Trail Wood Thrush Trail Wood Thrush - Star Access Trail ! ! D. Specific Trail Improvement Recommendations The recommendations in the table below are in addition to general recommendations above and signage issues. Trail Name Recommendations 1. Acquire a permanent easement across the Pace property, and Big Sunny Trail work with property owners to acquire necessary public trail easements. 2~ Widen trail sections near Prospect Road to 24-36". Crystal Spring Trail 1. Improve surface for trail use. Mill Mountain Greenway 1. Install entrance sign. 2. Provide brochures at Discovery Center. Monument Trail 1. Widen any areas that are not yet 24". 2. Post warning signs on steep slopes near Sylvan. Ridgeline Trail 1. Install grade reversal at top of steep hill. 2. Coordinate with Mill Mountain Zoo to relocate fencing and complete trail. 3. Consider a side trail to views from the rocks. Riser Trail 1. Post for one way use uphill by mtn. bikes and horses. 2. Consider improvemantJalternatives to accommodate two way use. Star Trail 1. Revise termini to start at end of gravel road near water tower. 2. Rehabilitate eroded sections, eliminate braided sections, install reverse grades where needed. 3. Establish a nature trail section or loop near the Discovery Center, ~ncorporating a wildflower section. I. Rehabilitate, installing grade reversals, access control, and Virginia Pine Trail drainage features. Watchtower Trail 1. Install steps at wall on Prospect Road. Wood Thrush Trail 1. Build three sections of trail to provide continuous route. 2. Coordinate with Blue Ridge Parkway on construction of section near Yellow Mtn. Rd., including improvements at Yellow Mtn. Road with directional signage and map of trail network. Wood Thrush - Star Access Trail 1. Improve surface for trail users or consider alternate location. 20 Connections to Other Systems 1. Complete new connection from Fern Park to Chestnut Ridge Trail with Fern Park Trail si~lnage to Ridgeline Trail. 2. Regrade intersection of upper and lower trails. 1. Provide connections and signage at Yellow Mountain Road on east and Chestnut Ridge Trail west sides. 1. Provide connection from Riverland Road Trailhead to Roanoke River Roanoke River Greenway Graenwa¥. E. Trail Difficulty Rating Trails on Mill Mountain were given difficulty ratings based on trail assessment data and the Team's input. Rating each trail's difficulty can: 1) help users make informed decisions, 2)encourage visitors to use trails that match their skill level, 3) minimize risk and injuries and 4) improve visitors' experiences. Trail difficulty ratings should be posted on trails, kiosks, and maps. The difficulty of the trail will vary depending on the user and mode of travel. Hikers can negotiate most obstacles. Mountain bikers are more affected by trail surface obstacles. Horses are less affected by distances, but restricted by clearances. In general, the following factors are important in rating trail d, iffieulty: tread width, trail clearance, tread surface, trail grade, natural obstacle, and technical features. Trail difficulty ratings are assigned under ideal conditions and are based on difficulty compared to other routes in the area. A trail rated easy by local standards could possibly be rated moderate or difficult elsewhere. Conditions are always subject to change due to weather and other unusual conditions. The following system will be used on Mill Mountain trails. O (Easy) These routes are appropriate for novice through advanced users. They generally follow obvious, well-marked trails and roads. Grades are gentle, and few obstacles will be encountered. I~l l(More Difficult) These routes are appropriate for intermediate through advanced users. al ITerrain ~ay be steeper, trails narrower, and some obstacles may be encountered. ~b [(Most Difficult) These routes are recommended for physically fit users. Terrain is steep, ~ land technical obstacles may be encountered. The following table shows the recommended trail difficulty rating by user group for the Mill Mountain Trail System. Degree of Difficulty Hiker Horseback Mountain Bike Road Bicycling Trail Name Big Sunny Trail · · · n/a Crystal Spring Trail · n/a · .n/a Mill Mountain Greenway [] [] [] Monument Trail · · [] n/a Ridgeline Trail [] · [] n/a Riser Trail ~' · ~ n/a Star Trail [] n/a n/a n/a Virginia Pine Trail [] [] [] n/a Watchtower Trail · n/a n/a n/a Wood Thrush Trail · · · n/a Wood Thrush - Star Access Trail [] · [] n/a Roads J.P. Fishbum Parkway n/a n/a n/a i Mill Mountain Spur Road n/a n/a n/a · = Easy ~ = More Difficult ~' = Most Difficult F. Access and Parking Existing access and parking options facilitate dispersed use of the P~rk trails. Limited or dedicated parking should be allowed at all on-street access points. All of the parking lots are full on occasion, but restriction of parking is one technique to prevent overcrowding on trails. Parking Improvements Parking Lots Discovery Center Parking Lot 1. Provide clear signage for access to trails. 2. Install kiosks with maps, trail routes and difficulty, rules, and contacts. 3. Continue to allow trailers to park in bus slots. Mill Mountain Star Parking Area 1. Provide clear signage for access to trails. 2. Finish kiosk. Riverland Road Trailhead 1. Enlarge to accommodate horse trailers. , 2. Install kiosks with maps, trail routes and difficulty, rules, and contacts. On-street Parking Crown Point St. 1. Close to parking. Fern Park/Jefferson St. 1. Continue to allow parking and consider expansion. Fishbum Parkway at Monument 1. Retain; sign trails. Fishburn Parkway at Star Tr. 1. Retain. Hartsook Blvd. 1. Provide trail signage and kiosk. Morrison Street 1. Allow on-street parking. Robin Hood Road 1. Allow on-street parking. Wcodcliff Road 1. Allow on-street parking. Yellow Mtn. Rd. Parkin,~ 1. Improve parkin,q area with accommodation for horse trailers. Walk/ride-in Access Ivy Street No parking. Prospect Road at Big Sunny No parking. Prospect Road at Sylvan No parking. Yellow Mtn. Rd. - west side No parking. 22 Equestrian users are currently the ones for whom parking is most difficult. Vehicles with trailers require longer parking spots and larger turning radius. The following recommendations should be considered in addressing equestrian parking: 2. 3. 4. 5. Work with the Blue Ridge Parkway in establishing horse trailer parking at Chestnut Ridge Overlook or Roanoke Mountain Campground. Enlarge or redesign the Riverland Road Trailhead to accommodate horse trailers. Explore parking options in partnership with AEP. Allow trailers to park at the Discovery Center parking lot, and consider horses in any re-design of parking areas. Explore improvements to the Yellow Mountain Road pull off to make it accessible for horse trailers. VII. Trail Management Recommendations The team discussed issues related to specific trails as well as many management issues. The Team proposes the following recommendations for implementation of the plan. A. Minimize illegal uses and activities. B. Develop an operations and maintenance schedule for the mils. C. Develop a volunteer program. D. Establish trail management guidelines for resource protection. E. Improve trails with siguage. F. Enhance educational program. A. Illegal Uses Numerous illegal activities were noticed during inventory of the trails. These include ATV and motor bike use, littering, dumping, and destruction of vegetation. There should be a multi-pronged approach to reduce illegal activities on Mill Mountain Park Trails. 1. Signs should be erected at borders where access challenges are most prevalent. 2. Siguage at tmilheads should indicate roles of the trail. 3. Signage at trailheads should give contact information for reporting trail conditions and illegal activities. 4. Park staff should coordinate with Roanoke City Police Department for assistance in law enforcement, including regular patrolling of parking lots, ticketing illegal activities, and trail patrolling with police on bikes and horses. 5. Volunteer monitoring should be encouraged. 6. Because dumping encourages more dumping, staff should utilize clean-up programs such as Clean Valley Day and inmate labor to clean up existing problems. 7. An "Adopt-A-Trail" program is highly recommended to provide more frequent monitoring. B. Operations and Maintenance Plan Parks and Recreation staff should complete a maintenance plan for the Mill Mountain Trail system and incorporate it into their annual maintenance operations. This plan will specify maintenance schedules and responsibilities, amenities and improvements needed, budgets, materials, supplies, and specific trail maintenance management staffing through the department's Parks Maintenance Division. In addition, the process should address policies on special events, event bonding, camping, volunteers, special uses, and patrolling. Periodic coordination with 23 other departments on search and rescue, fire prevention and suppression, access maps for emergency services, and communication channels with reports to Parks staff should also be addressed. C. Volunteer Assistance Roanoke is indebted to the trail volunteers who have dedicated countless hours and labor in helping to maintain the trails upon Mill Mountain. Both the Department of Parks and Recreation as well as the team recommends that the Parks and Recreation establish a cadre of Mill Mountain trail volunteers (similar to the existing team at the Carvins Cove Natural Reserve) to assist with maintenance, construction, and monitoring. This program should be established under the existing Parks and Recreation trail volunteer program and be coordinated by Parks and Recreation. Volunteers should receive training on their duties, report quarterly on standard reports, and log volunteer hours. An overseer should be assigned for each trail. The program could include an annual meeting of Mill Mountain trail volunteers and partners with a cook-out, annual recognition of groups and departments, identification for volunteers such as t-shirts, a tool shed and inventory, and a quarterly newsletter. D. Resource Protection Issues Parks and Recreation staff will need to develop specific resource protection guidelines for trail management. These might include: 1. Vegetation management, including tree protection, invasive species, and protection of sensitive communities adjacent to trails. 2. Conformity with Land Use Zones in Mill Mountain Management Plan. 3. Temporary trail closures after rain events or when conditions warrant. 4. Stream crossings, using bridges over perennial streams and hardened crossings at dry stream beds. 5. Monitoring of trail conditions, using standard Forest Service methods, with annual photographs taken at key impact areas. 6. Recognition and elimination of bootleg trails. 7. Annual review of impacts to prevent tread changes and correct problem areas. 8. System for users to provide comments and input, such as kiosk and web site. 9. User counts using trail counters. E. Signage Parks and Recreation is finalizing a signage plan that will be implemented in all City owned parks, recreation facilities, greenways, trails, and front-country trails. The plan will be implemented on Mill Mountain Park's trails once complete. Signs will address: Wayfinding, with trail names, difficulties, and distances to destinations · Rules and regulations · Trail etiquette · Interpretation of natural and cultural features In addition, the signage program will include: · Kiosks at trailheads · Trail blazing, possibly with each trail in a different color · Brochures and maps 24 Conceptual Samples are shown below. F. Education 'Z= _ _ ---- I 25 The Parks and Recreation Department has a very active educational program at the Discovery Center. Enhancement of the program in relation to trails will involve providing additional information to users and utilizing trails more for environmental education. Options include: 1. Provide trail etiquette information at all trailheads and parking areas. 2. Utilize the yield symbol on all trails and provide educational brochures on techniques for approaching horses. 3. Provide safety information on all kiosks. 4. Provide simple brochures and maps of the trail network, with permitted uses and difficulty ratings. 5. Expand birding information for those utilizing the Birding and Wildlife Trail. 6. Expand the wildflower garden to adjacent trails, using native plants. Involve partners such as Mill Mountain Garden Club and Blue Ridge Native Plants Society. 7. Expand environmental education programs for schools utilizing trails. 8. Utilize City's marketing avenues to provide information on the trails, special events, etiquette, and programs. VIII. List of Resources American Association of State Highway and Transportation Officials (AASHTO) (1991), Guide for the Development of Bicycle Facilities, Washington DC, 44p. Birkby, Robert (1996), Lightly on thc Land: Thc SCA Trail-Building and Maintenance Manual, Student Conservation Corps Inc., published by The Mountaineers, Seattle, WA, 271p. Code of Federal Regulations, Title 36, Volume 1, Part 4, Vehicles and Traffic Safety, Sec 4.3 Bicycles, Revised as of July 1, 1998 Community Trails Handbook (1997), The Brandywine Conservancy, Inc., Chadds Ford, PA, 97p. Daly, Judi, "Sharing the Trail with Horses: Understanding Their Instincts," article published by American Trails, in Trail Tracks, Stuart MacDonald, editor, Volume 32, Number 2, Summer 2003, p. 22. Duffy, Hugh (1991, June), Developing Sustainable Mountain Trail Corridors, National Park Service, Rivers & Trails Program, Denver, CO. Edwards, Rich (2003 January), A Report and Recommendations for the Blue Ridge Parkway Trails in the Roanoke Area (2003, January), Unpublished report, International Mountain Bicycling Association, 1 Op. Finstick, Eric, "Managing Heavily-Used Trails: Alternative Day Zoning," article published by American Trails, in Trail Tracks, Stuart MacDonald, editor, Volume 32, Number 2, Summer 2003, p. 26. Flink, Charles, and R. Seams (1993), Greenways: A Guide to Planning, Design, and Development, Washington DC, Island Press, 351 p. Graefe, A.R~ Kuss, and Vaske (1990), Visitor Impact Management: The planning Framework, National Parks and Conservation Association, Washington DC, 106p. Hooper, Lennon, (1988), NPS Trail Management Handbook, National Park Service, Washington, DC. Kelley, Michael (1998, October), Bikes and Horses: A Case for Sharing, presented at the National Symposium on Horse Trails in Forest Ecosystems, Clemson University. Marion, Jeffery, Joseph Roggenbuck, and William Manning (1993), Problems and Practices in Backcountry Recreation Management: A Survey of National Park Service Managers, Denver, CO, National Park Service, Natural Resources Publication Office, 65p. McCoy, M. and M. Stoner (1992) Mountain Bike Trails: Techniques for Design, Construction, and Maintenance, Missoula, MT, Bikecentenial, 19p. Miller, Jay S, (1983) Construction & Maintenance of Horse Trails, prepared in cooperation with Arkansas Trails Council, U.S. Forest Service, Arkansas Trail Ride Association, and the Northwest Arkansas Horse Trail construction volunteers, 32p. 26 Moore, Roger, (1994) Conflicts on Multiple-Use Trails: Synthesis of the Literature and State of the Practice, sponsored by The Federal Highway Administration and the National Recreational Trails Advisory Committee, (Report #FHWA-PD-94-031), Washington DC, 70p. National Park Service Management Policies (2001), Chapter 9, Park Facilities, National Park Service, Washington DC. Parker, Troy Scott, (2003), Natural Surface Trail Design: The Pattern That Works, Natureshapes, Inc. Parker, Troy Scott, (1994), Trails Design and Management Handbook, Open Space and Trails Program, Pitkin County, CO. Proudman R.D and Raj ala (198 I) Trailbuilding and Maintenance, Boston, MA, Appalachian Mountain Club, 286p. Rathke, David M. and Melvin Baughman (1994), Recreational Trail Design and Construction, Minnesota Extension Service and University of Minnesota, 28p. Ritter, Mike, Jan Ritter, Joey Klein, Rich Edwards, and Jen Edwards, (2001), Building Better Trails: Designing, Constructing, and Maintaining Outstanding Trails, International Bicycling Association, Boulder, CO, 64p. Roanoke Valley, Blue Ridge Parkway Trail Plan, Final Draft, (2004 January 20), Unpublished plan compiled by Blue Ridge Parkway, Roanoke Valley Greenway Commission, National Park Service Rivers and Trails Program, and Roanoke Valley Blue Ridge Parkway Planning Team, 79p. Ryan, Karen-Lee, editor (1993), Trails for the Twenty-First Century: Planning, Design, and Management Manual for Multi-Use Trails, Rails-To-Trails Conservancy, Island Press, Washington DC, 214p. Standard Specifications for the Construction of Trails (1984, June), US Forest Service, Engineering Staff, Washington DC, EM-7720-102, 140p. Steinholtz, Robert T. and Brian Vachowski, (2001, September), Wetland Trail Design and Construction, USDA Forest Service, Technology and Development Program, Missoula, MT, 0123-2833-MTDC, 82p. Trail Construction and Maintenance Notebook (2000, August), USDA Forest Service, Technology and Development Program, in collaboration with the Recreational Trails Program of the Federal Highway Administration, Missoula, MT, 139p. Trail Solutions: IMBA's Guide to Building Sweet Singletrack, (2004), International Mountain Bicycling Association, Boulder, CO, 272p. 27 United States Department of Transportation, Federal Highway Administration, (1999), Designing Sidewalks and Trails for Access. FHWA-HEP-99-006, HEHE/8-99/(SM)E, and FHWA-EP-01-027, HEPH/8-01 ( 1 OM)E, 2 volumes. United States Forest Service, Angeles National Forest, (1991, February), Trail Selection Criteria for Mountain Bike Use on Existing Forest Trails. Universal Trail Assessment Process Training Guide (1998), Beneficial Designs Inc., PAX Press, Santa Cruz, CA, 74p. Virginia Bicycle Facility Resource Guide, (2002, January) Virginia Department of Transportation, Commonwealth of Virginia. Virginia Greenways and Trails Toolbox, (2000), Department of Conservation and Recreation, Commonwealth of Virginia. 28 Appendix A Trail Inventory Forms Trail System Trail Name Mgt. Agency Mill Mountain Roanoke Parks and Rec Existing Potential Assessment Date Assessment Team Status Termini Trailheads/Access Attractions/Detractions Summary Trail Data Total Length Average Width Average Slope Elevation Start Min Usage/Activities Walking/jogging __Hiking Bicycling Horseback riding ATV Camping Other End Max Allowed? Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No __Yes __No Trail Junctions Trail Notes Maintenance Well maintained Partly maintained Unmaintained Guidelines for Mill Mountain Trail Assessment 1. Fill out one Trail Cover Sheet and at least one Data Collection Form for each trail. 2. Fill out one Data Collection Sheet for each Trail Segment. 3. Use the Universal Trail Assessment Process Fast Facts Sheet for guidelines. 4. Start a new segment (and new Data Collection Form) if: * trail surface changes signficantly, e.g. from gravel to natural * trail crosses a read or intersects another trail * trail changes from existing to potential 5. On the Data Collection Sheet, put a station marker whenever: * trail changes direction by · 15degrees * trail grade or cross slope changes by >5% * trail grade (up or down) changes for more than 20 feet * the last station flag is almost out of sight * surface type changes * intersection with other trails 6. Short dips, ruts and bumps can be recorded as features instead of stations. 7. For Features: * Feature Numbers should be consecutive - 1,2,3,4, etc. * Feature Distance should correspond to the Station reading frem the wheel at that location. * Provide as many details as possible. * The Features list can be longer or shorter than the Station list. * Natural features (large rocks, etc) do not have to have a Condition ranking. * Be sure to note vertical obstructions as well as items on the surface. Universal Trail Assessment Process Fast Facts ~ Width - Tape Measure ~ ~t~a~lwidth of c~ear pa~ of trevelor visible tmii Trail Bed Zone (T) · Covers visible tr~ ~igM*of-way, · Height ~ on de~gnateo user gre~ (e.g. 84' tot a ~Mestrien trail, 3m lot an equss~an ting). Visual Field Zone (V) · InC~des slgrflflcanl f eatt/ms visible or aocesssd frem Tread Obetructlon - Tape Measure · Feature wilhtn T Zone that may ot~mct psssage or be · For tread obattuctions 1oo nomerous ~o measure irxtMeuslly (such a~ mo~s and reeks), mmn:l the distance where the tread obstructions begin and end. · Comolete all feature boxes. · Measure remairang ;mad wide. Vertical Obstruction - VO · Obstmctlono that pmtn;de acmes or down into the T Zono but do not nonlact tread surface. pushed away. · C, omoie~e afl f~atu~e ~ Minimum Clearanoe Width - MCW · Occurs whe~ boundary on bo~h sldus of the troll limlts the passage space to less than the design width and there is no alterr~ path. · Ob)ects essily i:~h~ away do not cause an MCW. · Boundary height based on user grou~. · Record MCW in~orn~tion or cause as a Feature. Surface Characteristics Detet~ surface firmness at representative Iocetio~ Paved P Solt ~ H V~ ~ V ~ F ~~ ~n ~ ~ at Agg~/ rca Soil Bedrock Rock/Boulder Vegetatkm- notur ~ same Rubb~ Wa~r Co~ Sand Wood * chtp/mulcl Crushed stone (fines) Shell Wood - decking Enl~ wnod fiber Snow E,x~mq~# of Trail Fe~tmre~ root vmted~r Nmi F#tur# watedall dmpoff noxious plant ford miling geolhermal water crossing abutment retaining wall crib trestle Built F~tur# bench pianio b~dge picnic area causeway step c~nU~ng turn ss4~:hl~=k ~ way trail mate~als, db~enstnos, text, and any graphics. 141 Fast Fa~s 2~g Final ! ! Appendix B Trail Data Sheets Trail System Mill Mountain Trail Name ATV Trail Mgt. Agency Roanoke Parks and Rec Status x Existing Termini Start: Fishburn Pkwy End: Near Saddle Potential Trailhds/Access Assessment Date 2/1/2005 Assessment Team Linda Oberlender Liz Belcher Paul Chapman Bill Gordge Tom Clarke Attractions/Detractions Summary Trail Data Total Length Average Width Average Slope Elevation Start Min Usage/Activities __Walking/jogging __Hiking Bicycling __Horseback dding ATV Camping Other 1495 46 End Max Allowed? Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Trail Junctions Garden City) Trail Notes Maintenance Well maintained Partly maintained Unmaintained Trail System Mill Mountain Trail Name Bear Here Trail Mgt. Agency Roanoke Parks and Rec Status x Existing Termini Start: Triangle Corner End: Better Yet Trail Potential Trailhds/Access Summary Trail Data Total Length Average Width Average Slope Elevation Start Min End Max Usage/Activities __Walking/jogging __Hiking __Bicycling __Horseback riding x ATV Camping Other Allowed? Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Assessment Date 2/22/2005 Linda Oberlender Dick Clark Liz Belcher Attractions/Detractions Detractions) Very Steep Trail Junctions Trail Notes Maintenance Well maintained x Partly maintained Unmaintained Trail System Mill Mountain Trail Name Better Yet Trail Mgt. Agency Roanoke Parks and Rec Status Termini Start: End: x Existing Potential NPS Monument Rd. 3 ravine convergence Trailhds/Access Summary Trail Data Total Length Average Width Average Slope Elevation Start Min End Max Usage/Activities Walking/jogging Hiking __Bicycling __Horseback riding x ATV Camping Other Allowed? . Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Assessment Date 2/22/2005 Assessment Team Linda Obedender Dick Clark Liz Belcher Attractions/Detractions Relativel, old rd.- trenched. some ATV use Trail Junctions Trail Notes Maintenance Well maintained x Partly maintained Unmaintained lO0m .u. II II [ I-! Trail System Mill Mountain Trail Name Connecting or Woodcliff Trail Mgt. Agency Roanoke Parks and Rec Status Termini Start: End: Trailhdsl Access x Existing Potential Intersection w/Car Trail Intersection w/Kepley Trail near Fishburn Monument. Assessment Date 2/8/2005 Assessment Team Linda Oberlender Dick Clark Paul Chapman Christine Langan Attractions/Detractions Summary Trail Data Total Length Average Width Average Slope Elevation Start Min Usage/Activities __Walking/jogging __Hiking Bicycling __Horseback riding ATV Camping Other 702' 42" End Max Allowed? Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Trail Junctions Trail Notes Steep grade Unmaintained but in good shape Maintenance X Well maintained Partly maintained Unmaintained Trail System Multiple Trail Name Garden City Contour Road Mgt. Agency Roanoke Parks and Rec Status Termini Start: End: Trailhds/Access .x. Existing Potential Assessment Team BilI.Gordge (2/1/05, 2/15/05) P.Chapman (2/1/05, 2/15/05) Liz Belcher (2/1/05, 2/15/05) Tom Clarke (2/1/05) Dick Clark (2/15/05) L. Oberlender(2/1/05, 2/15/05) Attractions/Detractions Trail Junction Summary Trail Data Total Length Average Width Average Slope Elevation Start Min Usage/Activities Walking/jogging Hiking . Bicycling Horseback riding ATV Camping Other End Max Allowed? __Yes __Yes __Yes __Yes Yes Yes Yes Yes No No No No No No No Trail Notes Maintenance Well maintained _ _Partly maintained Unmaintained o o o o o o o o o o ~!~ o o o o ~ Trail System Mill Mountain Trail Name Contour Spur Trail #' Mgt. Agency Roanoke Parks and Rec Status Termini Start: End: Trailhdsl Access x Existing Potential Contour Rd. Intersection Near Fishburn Pkway @ rock out crop Summary Trail Data Total Length Average Width Average Slope Elevation Start Min End Max Usage/Activities Walking/jogging __Hiking Bicycling __Horseback riding ATV Camping Other Allowed? Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Assessment Date 2/1/2005 Assessment Team Linda Oberlender Bill Gordge Paul Chapman Tom Clarke Liz Belcher Attractions/Detractions Trail Junctions Trail Notes Maintenance Well maintained Partly maintained Unmaintained Trail System Mill Mountain Trail Name Contour Spur #2 Trail Mgt. Agency Roanoke Parks and Rec Status Termini Start: End: Fishburn Pkwy ...~_x Existing Potential Flat w/Contour Road Trailhds/Access none Summary Trail Data Total Length Average Width Average Slope Elevation Start Min 236 72 End Max Usage/Activities Walking/jogging Hiking Bicycling Horseback riding ATV Camping Other Allowed? Yes No Yes No Yes No Yes No Yes x No Yes ~xNo Yes No Yes No Assessment Date 2/15/2005 Assessment Team Linda Oberlender Dick Clark Paul Chapman Liz Belcher Bill Gordge Attractions/Detractions Trail Junctions Trail Notes Very wide, old roadbed to a fiat loading area or building site. Maintenance Well maintained _x Partly maintained Unmaintained ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! · · · Trail System Mill Mountain Trail Name Fern Park Trail Mgt. Agency Roanoke Parks and Rec Status x Existing Termini Start: Fern Park End: x Potential Trailhds/Access Summary Trail Data Total Length Average Width Average Slope Elevation Start Min End Max Usage/Activities x Walking/jogging x Hiking Bicycling . Horseback dding ATV Camping Other Allowed? ~xYes No x Yes No Yes No Yes No Yes No Yes No Yes No Yes No Assessment Date 2/10/2005 Assessment Team Betty Field B. Fitzpatrick Liz Belcher Tom Clarke Dick Clark Linda Oberlender Attractions/Detractions Roanoke to Chestnut Ridge Trail & Mill Mt. Trail Junction Trail Notes Maintenance Well maintained _x_Partly maintained Unmaintained 0 U. 0 ~ 0 m ~1 / - Trail System Mill Mountain Trail Name H20 Trail Mgt. Agency Roanoke Parks and Rec Status Termini Start: End: Trailhds/Access Existing ~X Potential Flat on GC Contour Road Hilltop Contour Rd (near powerline) None Summary Trail Data Total Length Average Width Average Slope Elevation Start Min 1194 End Max Usage/Activities Walking/jogging Hiking Bicycling Horseback riding ATV Camping x Other Illegal Dumping Allowed? Yes No Yes No Yes No Yes No Yes No Yes No Yes x No Yes No Assessment Date 2/17/2005 Assessment Team Linda Obedender Gary Oberlender Betty Field Liz Belcher Attractions/Detractions roadbed w/numerous trees i in it, Good location if cleared. Good continuation of Contour Rd. Trail. Trail Junctions Trail Notes Maintenance Well maintained . Partly maintained X Unmaintained Trail System Mill Mountain Trail Name Hilltop Contour Rd. '~ Mgt. Agency Roanoke Parks and Rec Status x Existing Termini Start: Powerline End: Crown Point St. Potential TrailhdslAccess Crown Point St Summary Trail Data Total Length Average Width Average Slope Elevation Start Min 2342' End Max Usage/Activities .x. Walking/jogging x Hiking x Bicycling ? Horseback riding x ATV Camping x Other Utility Maintenance vehicles Allowed? Yes No Yes No Yes No Yes No Yes x No Yes No Yes ? No Yes ? No Assessment Date 2/17/2005 Assessment Team Linda Oberlender Gary Overlender Betty Field Liz Belcher Attractions/Detractions Much of trail is good contour road, but , into Crown Point) Trail Junctions Trail Notes Maintenance Well maintained x Partly maintained Unmaintained E I- Trail System Mill Mountain Trail Name Hilltop Loop Trail Mgt. Agency Roanoke Parks and Rec Status x Existing Termini Start: Flat End: Hilltop Contour Rd. Potential Trailhds/Access none Summary Trail Data Total Length Average Width Average Slope Elevation Start Min 83O End Max Usage/Activities x Walking/jogging ..x. Hiking ? Bicycling ? Horseback riding x ATV Camping Other Allowed? ~xYes No Yes No Yes No Yes No Yes _x_No Yes No Yes No Yes No Assessment Date 2/17/2005 Assessment Team Linda Obedender Gary Oberlender Betty Field Liz Belcher Attractions/Detractions connection from fiat to 3. Would be better to use H20 trail Trail Junctions Trail Notes Mostly on old road. Gully erosion on Trenchin~l of road/trail Maintenance Well maintained x Partly maintained Unmaintained Trail System Mill Mountain Trail Name lan's Spot Trail Mgt. Agency Roanoke Parks and Rec Status Termini Start: End: x Existing Potential Ditch at edge of Fishburn Pkwy New Monument trail Trailhds/Access Summary Trail Data Total Length Average Width Average Slope Elevation Start Min 375 48 End Max Usage/Activities Walking/jogging Hiking __Bicycling __Homeback riding ATV Camping Other Allowed? Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Assessment Date 3/10/2005 Assessment Team Linda Oberlender Dick Clark Liz Belcher Attractions/Detractions Trail Junctions Trail Notes Trenchin( of road/trail Maintenance Well maintained x Partly maintained Unmaintained El E Trail System Mill Mountain Trail Name Ivy Trail Mgt. Agency Roanoke Parks and Rec Status ~( Existing Termini Start: Woodcliff Rd. End: Ivy St at Henritze House Potential Trailhdsl Access Summary Trail Data Total Length 3540' Average Width 9' Average Slope Elevation Start End Min Max Usage/Activities x Walking/jogging .x, Hiking x Bicycling ? Horseback riding ATV Camping x Other stray vehicles Allowed? x Yes No x Yes No x Yes No x Yes No Yes No Yes No Yes No Yes x No Assessment Date 2/10/2005 Assessment Team Linda Oberlender Dick Clark Betty Field Tom Clarke Liz Belcher Attractions/Detractions Recently graveled Trail Junctions None Trail Notes Recently changed by Water Authority from a woods road/trail to a road. sudace. Maintenance Well maintained Partly maintained Unmaintained Trail System Mill Mountain Trail Name Kepley Trail Mgt. Agency Roanoke Parks and Rec Status Termini Start: End: x Existing Potential Saddle/Fishburn Monument Morrison Rd. @ Kepley House Trailhds! Access Fishburn Parkway at Monument Morrison Rd. Summary Trail Data Total Length Average Width Average Slope Elevation Start Min 3383 48"-72" End Max Usage/Activities Walking/jogging Hiking Bicycling Horseback riding ATV __Camping Other Allowed? Yes No Yes No Yes No Yes NO Yes No Yes No Yes No Yes No Assessment Date 2/8/2005 Assessment Team Linda Oberlender Dick Clark Paul Chapman Christine Langan Attractions/Detractions Trail Junctions Trail Notes Mostly on old road. Gully erosion on 'ades Trenching of road/trail Maintenance Well maintained .x Partly maintained Unmaintained ~~ o c .-~ m mm mm mm mm mm mm mm Trail System Mill Mountain Trail Name Mill Mt. Greenway Mgt. Agency Roanoke Parks and Rec Status Termini Start: End: Discovery Center ~x Existing Potential Prospect/Sylvan intersection Assessment Date 3/10/2005 Assessment Team Linda Oberlender Dick Clark Liz Belcher Attractions/Detractions Trailhds/Access Summary Trail Data Total Length Average Width Average Slope Elevation Start Min Usage/Activities ~ Walking/jogging x Hiking x Bicycling __Horseback dding ATV __Camping Other 6481 210" Trail Junctions End Max Allowed? x Yes x Yes .x. Yes Yes Yes Yes Yes Yes Trail Notes No No No No No Maintenance No No No x Well maintained Partly maintained Unmaintained Trail Name Monument Trail Mgt. Agency Roanoke Parks and Rec Status ~x Existing Termini Start: Fishburn Pkwy End: Prospect Rd. Potential Trailhdsl Access Summary Trail Data Total Length Average Width Average Slope Elevation Start Min 4214 End Max Usage/Activities Walking/jogging Hiking Bicycling Horseback riding ATV Camping Other Allowed? Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Assessment Team Linda Oberlender Dick Clark Paul Chapman Liz Belcher Attractions/Detractions Trail Junctions Trail Notes Maintenance Well maintained x Partly maintained Unmaintained · ! ! Trail System Mill Mountain Trail Name Neighborhood Loop' Mgt. Agency Roanoke Parks and Rec Status x Existing Termini Start: Contour Trail4 End: Contour Trail 5 Potential Trailhds/Access Summary Trail Data Total Length Average Width Average Slope Elevation Start Min End Max Usage/Activities Walking/jogging Hiking Bicycling Horseback riding ATV Camping Other Allowed? Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Assessment Date 2/15/2005 Assessment Team Linda Oberlender Dick Clark Paul Chapman Bill Gordge Liz Belcher Attractions/Detractions Trail Junctions Trail Notes Maintenance Well maintained Partly maintained Unmaintained Trail System Mill Mountain Trail Name NPS Monument Rd.' Mgt. Agency Roanoke Parks and Rec Status _x Existing Termini Start: VA Pine gane End: Triangle Corner Potential Trailhdsl Access Summary Trail Data Total Length Average Width Average Slope Elevation Start Min End Max Usage/Activities Walking/jogging Hiking Bicycling Horseback riding x ATV Camping Other Allowed? , Yes No Yes No yes No Yes NO Yes No Yes No Yes No Yes No ~,ssessment Date 2/22/2005 Assessment Team Linda Oberlender Dick Clark Liz Belcher Attractions/Detractions Contour Rd. Trail Junctions Trail Notes Ends at Triangle of roads around 2 NPS monuments Maintenance Well maintained x Partly maintained Unmaintained o ~ ~ Trail System Mill Mountain Trail Name Star Trail Mgt. Agency Roanoke Parks and Rec Status Termini Start: End: x Existing Potential Parking lot- Riverland Mill Mtn Star trailhead Trailhds! Access Summary Trail Data Total Length Average Width Average Slope Elevation Start Min End Max Usage/Activities Walking/jogging Hiking Bicycling Horseback riding ATV Camping Other Allowed? Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Assessment Date Mulitple Assessment Team Attractions/Detractions Trail Junctions Trail Notes Assessed in 5 section, first three continuous stations, 4 & 5 separate Maintenance Well maintained . Partly maintained Unmaintained E C ~o'o '0 0 m E "0 0 m .~ > I-! ' ~~ Ill Trail System Mill Mountain Trail Name Terra Alta Trail Mgt. Agency Roanoke Parks and Rec Status .x Existing Termini Start: Star Trail End: Potential Driveway off Sylan/Prospect Trailhdsl Access Sylvan/Prospect Summary Trail Data Total Length 3952' Average Width Average Slope Elevation Start End Min Max Usage/Activities X Walking/jogging x Hiking x Bicycling x Horseback riding x ATV x Camping Other Allowed? x Yes No x Yes No x Yes No x Yes No Yes x No Yes x No Yes No Yes No Assessment Date 2/6/2005 Assessment Team Brian Batteringer Dave Tompkins Liz Belcher Attractions/Detractions Graat Trail Connection to town Trail Junctions Trail Notes 1. Issue: finish connector from Terra Alta to Toll Gate? ~ could be one trail w/ Monument Trail Maintenance x Well maintained Partly maintained Unmaintained ! : | Trail Name VA Pine Lane Trail Mgt. Agency Roanoke Parks and Rec Status x Existing Termini Start: Hartsook St. End: Trailhds/Access Potential NPS boundary (potentially Yellow Mt. Rd.) Hartsook St. Assessment Team Linda Oberlender Dick Clark Liz Belcher Attractions/Detractions wide constructed road, often trenched Summary Trail Data Total Length Average Width Average Slope Elevation Start Min Usage/Activities Walking/jogging __Hiking __Bicycling __Horseback riding x ATV Camping Other Trail Junctions End Max Allowed? Yes Yes Yes Yes Yes Yes Yes Yes Trail Notes Not cleared beyond NPS boundary No i~in: Road No No No No No No No Maintenance Well maintained x Partly maintained Unmaintained Trail System Mill Mountain Trail Name Watchtower Trail Mgt. Agency Roanoke Parks and Rec Status Termini Start: End: Trailhds/Access x Existing Potential Star Trail across from Watch Tower Steps Mill Mt. Greenway (Prospect) Summary Trail Data Total Length Average Width Average Slope Elevation Start Min 1228 24-96 End Max Usage/Activities __Walking/jogging __Hiking __Bicycling __.Horseback riding ATV Camping Other Allowed? Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Assessment Date 3/10/2005 Assessment Team Linda Oberlender Dick Clark Liz Belcher Attractions/Detractions Trail Junctions Trail Notes Maintenance Well maintained x Partly maintained Unmaintained Status . Existing _~_x Potential Termini Start: Va Pine Lane End: Yellow Mt Rd/Chestnut Ridge Trail Trailhds/Access Yellow Mt Rd Summary Trail Data Total Length Average Width Average Slope Elevation Start Min End Max Usage/Activities Walking/jogging Hiking Bicycling Horseback riding A'I'V Camping Other Allowed? , Yes No Yes No Yes No Yes NO Yes No Yes No Yes No Yes No Linda Oberlender Dick Clark Liz Belcher ~ AttractionslDetractions ~ Great Opportunity to connect to t short of new sidehill construction on NPS land Trail Junctions Trail Notes Would be approximately 200- 400 yds Maintenance Well maintained Partly maintained Unmaintained Appendix C Trail Management Issues In developing the Blue Ridge Parkway Trail Plan, Final Draft, the Parkway trail committee looked at a variety of trail management issues, including design, maintenance and user conflicts. The following excerpts are taken from that Plan. These issues and others are more fully discussed in the List of Resources referenced at the end of the Mill Mountain Trail Plan. Resource Protection "Trails must be properly designed and sited in order to minimize erosion and subsequent impacts to local natural and cultural resources, such as archeological sites, plants, wildlife, and water features. As trails experience erosion, or form depressions with standing water, many trail users will ride or walk around the degraded site, creating a wider trail. Increasing trail width leads to trampling of vegetation, and creates larger canopy openings, which are detrimental to many wildlife species. "Sediment from eroding trails can increase water turbidity in adjacent streams or rivers. Turbid conditions can reduce the availability of light to aquatic plants, and smother the breeding grounds of both invertebrates and ftsh. Because of these environmental impacts it is important to locate trails, especially those that will receive heavy use, in a manner that avoids wet areas, steep slopes, and/or highly erodible soils. ' (pp. 18-19) Sustainable Trail Design "Most trail designers have recognized that the easiest and most effective way in which to reduce erosion and protect the trail tread is through contour trail design. Contour trails, also referred to as sideslope trails, follow grades that are ~ to ~ of the side Mope of the hill, and outslope slightly toward the low side. These features encourage sheet flow of water across the trail, and thus minimize erosion by redirecting water off the trail. Grade reversals or "dips" are also used to reduce erosion by redirecting water off the trail." (p.l 7) Benefits and Challenges of Shared-Use Trail System "Trail managers face many challenges in their attempts to provide a safe and high quality trail user experience, while protecting the area's natural resources. This becomes increasingly difficult as the number and diversity of trail users increase. Researchers believe that people who participate in outdoor recreation activities do so for certain desired outcomes, such as solitude, challenge, spend time with family or friends, experiencing nature or others. These desired outcomes vary differently across user groups, within user groups, and even within individuals on different outings. In fact, individuals are often attempting to satisfy multiple desires in a single outing. "In a perfect world, land managers wouM be able to provide a high quality opportunity for every type of experience trail users might possibly seek, but given the sheer numbers of trail users with differing preferences, a limited land base, limited budgets, and limited staffing, this is rarely possible. ,,t multi-use trail, deftned as a trail that is used by more than one user type (or for more than one activity), is favored by managers in addressing the increasing needs for close-to-home outdoor recreation. An important caveat is that all three challenges of resource protection, visitor experience, and safety need to be achieved ' (p. 17) Managing Trail User Conflict "The combination of trail conditions, levels of trail use, and mix of users may lead to conflicts among various user groups. Conflicts are related to several factors including: existing trail conditions, such as poor sight lines, narrowness, or wide open sections of trail that may encourage excessive speed a lack of knowledge of, or disregard for, trail user etiquette and trail regulations, the relative or perceived different speeds of various user groups, and a high concentration of users in one area resulting in aperception of crowding. "Mitigation measures for trail use conflicts generally fall within one of four categories: education, regulations and enforcement, site design improvements, and monitoring. Education is a critically important tool in addressing user conflicts by promoting a shared-use ethic based on trail etiquette. Techniques frequently used by trail mangers include: signage, brochures, ranger patrols, trail guides, presentations to civic organizations or user groups, and volunteer patrols. "In a recent study of backcountry recreation management in 93 National Parks (Marion, Roggenbuck, and Manning, 1993), managers listed actions they had taken to reduce crowding and conflict in backcountry areas. The top five responses are listed below: 1. Inform visitors about crowded conditions they may encounter in certain areas. 2. Encourage quiet behavior and activities. 3. Inform visitors about conflicting uses they may encounter in certain areas. 4. Encourage use of less popular access points and backcountry areas. 5. Encourage off season use. "Conflicts on trails can be a serious issue, and there may be some situations when site conditions warrant the designation of separate trails for different aser groups. This strategy also has its drawback. Some trail designers have found that single use trails can be expensive, difficult to enforce, and may limit opportunities for communication among user groups (McCoy and Stoner, 1992). These researchers believe that positive interaction among user groups on a trail is the best way to foster communication, understanding, and a strong cooperative trail community." (pp. 19-20) Safety "Trail design, education, and enforcement aH play a part in ensuring safety on the trail. During the trail design process, attention shouM be given to ensuring adequate sight Hnes and stopping site distance. This is particularly true of shared use trails where user groups travel at different speeds. The Community Trails Handbook developed by the Brandywine Conservancy (1997), recommends a stopping site distance of SO feet for shared-use trails, with sight lines of 6O feet. This is consistent with recommendations from the Angeles National Forest trail selection criteria for mountain bike use which recommend 50feet stopping sight distance on forest trails with grades of 10-15%. Sight distances shouM increase as the speeds, tread width, and surface quality increase (US Forest Service, 1990). "Strategies to slow down speeds of mountain bikers include: establishing a maximum gradient for the trail, limiting the length of steep slope areas, adding level sections and/or grade reversals for long downhill sections, reducing trail width and adding turns to limit sight distances. (Edwards, 2003,). "Finally, education between the various users groups is critically important for each trail user to have an awareness of the needs and constraints of others using the trail. Trail etiquette signs or "rules of the trail" shouM be posted at major access areas. In addition, joint training events can be hem to build understanding between trail users." (pp. 21-21) Appendix D Guidelines and Etiquette for Trail Users In order for a multi-use trail system to work well, all users must exhibit high standards of behavior and protect the resource they use. The following guidelines for trail etiquette are accepted standards for each user group. The Mill Mountain Trail Plan encourages posting these guidelines and utilizing brochures and other techniques to educate users on trail etiquette and practices. Etiquette and Safety for Hikers The following guidelines are taken from the Leave No Trace Center for Outdoor Ethics. Leave No Trace is a national non-profit organization dedicated to promoting and inspiring responsible outdoor recreation through education, research and partnerships. These principles can be applied for bicyclists and horseback riders as well hikers. 1. Plan Ahead and Prepare · Know the regulations andspecial concerns for the areayou'll visit. · Prepare for extreme weather, hazards, and emergencies. · Schedule your trip to avoid times of high use. · Visit in small groups. Split largerparties into groups of 4-6. · Repackage food to minimize waste. · Use a map and compass to eliminate the use ofmarkingpaint, rock cairns or flagging. 2. Travel on Durable Surfaces · Concentrate use on existing trails. · Walk singlefile in the middle of the trail, even when wet or muddy. 3. Dispose of Waste Properly · Pack it in, pack it out. Inspect your rest areas for trash or spilled foods. Pack out all trash, leftover food and litter. · Deposit solid human waste in catholes dug 6 to 8 inches deep at least 200feet from water, camp, and trails. Cover and disguise the cathole when finished. · Pack out toilet paper and hygiene products. 4. Leave What You Find · Preserve the past: examine, but do not touch, cultural or historic structures and artifacts. · Leave rocks, plants and other natural objects as youfind them. · Avoid introducing or transporting non-native species. · Do not buiM structures, furniture, or dig trenches. 5. Respect WtTdlife · Observe wildlife from a distance. Do not follow or approach them. · Never feed animals. Feeding wildlife damages their health, alters natural behaviors, and exposes them to predators and other dangers. · Protect wildlife andyourfood by storing rations and trash securely. · Controlpets at all times, or leave them at home. · Avoid wildlife during sensitive times: mating, nesting, raising young, or winter. 6. Be Considerate of Other Visitors · Respect other visitors andprotect the quality of their experience. · Be courteous. Yield to other users on the trail. · Step to the downhill side of the trail when encounteringpack stock. · Take breaks away from trails and other visitors. · Let nature's sounds prevail. Avoid loud voices and noises http://www.lnt.org/pro grams/lnt7/#1nt 1 Etiquette and Safety for Equestrians These guidelines are posted by Equestrian Trails, Inc., a nonprofit corporation established in 1944 with the charter to be "Dedicated to the Acquisition and Preservation of Trails, Good Horsemanship, and Equine Legislation." · Make sure your horse has the temperament and training for riding on congested public trails. Busy multi-use trails are not the proper place for schooling green horses. · Advise other trail users of your horse's temperament, e.g. a horse with a tendency to Mck shouM always wear a red ribbon on the tail or a stallion shouM wear a yellow ribbon. Assume that not everyone will know what these ribbons mean, so be prepared to explain or take the necessary precautions to avoid trouble. · Obeyposted speed/gait limits and use common sense in crowded areas. Cantering/galloping on crowded trails endangers everyone. · Move to the right to allow faster trail users to pass. · Announce your intentions to pass other trail users and reduce speed in order to pass safely. Pass on the left only. · Remove your horse from the trail ifyou begin experiencing behaviorproblems. · Stay on equestrian approved trails. · As a courtesy to others in your group, use appropriate hand signals for turning, slowing, etc., and give verbal warning for dangers on the trail (e.g. holes, low branches). · Remember that other trail users may not be familiar with horses or their reactions to new experiences. Your horse may be another trail users introduction to horses, what you do is a reflection of the local horse community. Cheerfully answer questions about your horse. You are an ambassador for the entire equestrian community. · Do not clean out your trailer in theparking area. · On multiple use trails, step offthe trail (if possible) if your horse needs to relieve himself or kick the droppings off the trail. http://www, etinationai.com/trailetiq uette, html Etiquette and Safety for Mountain Bikers The International Mountain Bicycling Association guidelines are recognized around the world as the standard code of conduct for mountain bikers. 1. Ride on Open Trails Only. Respect trail and road closures (ask if uncertain); avoid trespassing on private land; obtain permits or other authorization as may be required. Federal and state Wilderness areas are closed to cycling. The way you ride will influence trail management decisions and policies. 2. Leave No Trace Be sensitive to the dirt beneath you. Recognize different types of soils and trail construction; practice low-impact cycling. Wet and muddy trail~ are more vulnerable to damage. When the trailbed is soft, consider other riding options. This also means staying on existing trails and not creating new ones. Don't cut switchbacks. Be sure to pack out at least as much as you pack in. 3. Control Your Bicycle! Inattention for even a second can cause problems. Obey all bicycle speed regulations and recommendations. 4. Always YieM Trail Let your fellow trail users know you're coming. A friendly greeting or bell is considerate and works well; don't startle others. Show your respect when passing by slowing to a walking pace or even stopping. Anticipate other trail users around corners or in blind spots. Yielding means slow down, establish communication, be prepared to stop if necessary and pass safely. 5. Never Scare Animals All animals are startled by an unannounced approach, a sudden movement, or a loud noise. This can be dangerous for you, others, and the animals. Give animals extra room and time to adjust to you. When passing horses use special care and follow directions from the horseback riders (ask if uncertain). Running cattle and disturbing wildlife is a serious offense. Leave gates as you found them, or as marked. 6. Plan Ahead Know your equipment, your ability, and the area in which you are riding -- and prepare accordingly. Be self-sufficient at all times, keep your equipment in good repair, and carry necessary supplies for changes in weather or other conditions. A well-executed trip is a satisfaction to you and not a burden to others. Always wear a helmet and appropriate safety gear. http://www, imba.com/about/trail rules.html The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ................................................. + ........................ MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 09437524 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 Virginia. Sworn and subscribed before me this _~_~z___day of February 2006. Witness my hand and official seal. __~_~d3_~_~_~ Notar~ Public My commission e~--~7,~--3~ ~00 PUBLISHED ON: 02/15 02/17 (9437524) TOTAL COST: 187.68 FILED ON: 02/17/06 Authorized/- /1 _ ~ /~ ~ ' S igna t ur e: _/~__~__¥~~, Billin9 Services Represe~ative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given pursuant to §15.2-2204 of the Code of Virginia (1950), as amended, that Vision 2001 - 202Q, the City's Comprehensive Plan, is proposed to be amended to include the Mill Mountain Park Management Plan ("Plan") as an element of such Comprehensive Plan, such Plan guiding the future management, maintenance and development of Mill Mountain Park and its resources by developing Resource Management Zones, which classify various areas of the park based on shared characteristics and common management concerns, and a Trails Plan, which addresses issues relating to the use, location and names of all existing and proposed trails on Mill Mountain. A copy of the proposed Mill Mountain Park Management Plan to be considered by City Council is on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. A public hearing will be held before the Council of the City of Roanoke on Tuesday, February 21, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the City shall be given an opportunity to appear and be heard by Council on the subject of this proposed amendment. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541) before 12:00 noon on Thursday, February 16, 2006. GIVEN under my hand this 7th day of February ,20 o6 . Mary F. Parker, City Clerk. K:\N OTICES/N- AMENDCO Mp REHENS IVEPLAN (MILL MT) 022106 DOC Notice to Publisher: Publish in the Roanoke Times once on Monday, February 13, 2006 and Friday, February 17, 2006. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 or[ or Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon, CMC Deputy City Clerk February 24, 2006 Sheila N. Hartman Assistant City Clerk File #51-289 Jesse A. Hall Director of Finance Roanoke, Virginia 24014 Dear Mr. Hall: I am attaching copy of Ordinance No. 37319-022106 amending the Fee Compendium to reflect the new zoning designations and associated fees, effective February 21, 2006. The abovereferenced Ordinance No. 37319-022106 was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 21, 2006, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attachment L:\CLERK~DATA\CKEW1 ~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06~Feb 21 06 correspondence.doc Jesse A. Hall February 24, 2006 Page 2 pc: Richard A. Rife, Chair, City Planning Commission, 1326 Grandin Road, S. W., Roanoke, Virginia 24015 Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Martha P. Franklin, Secretary, City Planning Commission L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda cerTespondenoe 06\Feb 06\Feb 21 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 2006. No. 37319-022106. AN ORDINANCE amending the Fee Compendium to reflect new zoning designations and associated fees; providing for an effective date; and dispensing with the second reading of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Fees to process applications for amendments to the zoning map shall be amended to include the following: Rezoning to Residential Districts RA, R-12, R-7, R-5, R-3, RM-1, RMo2, RMF $600 + $25 per acre or any portion thereof Rezoning to Commercial Districts CN, CG, CLS $900 + $25 per acre or any portion thereof Rezoning to Industrial Districts $900 + $25 per acre or any portion thereof Rezoning to Special Purpose Districts D, Downtown MX, Mixed Use IN, Institutional District ROS, Recreation and Open Space AD, Airport Development $900 + $25 per acre or any portion thereof Rezoning to Planned Unit Developments Districts MXPUD, Mixed PUD INPUD, Institutional PUD IPUD, Industrial PUD $1,000 + $25 per acre or any portion thereof Rezoning to Overly Districts H-l, Historic Downtown H-2, Neighborhood Historic ND, Neighborhood Design RCC, River and Creek Corridor CS, Comprehensive Sign $250 Amendment to Proffered Conditions $500.00 K:~ORDINANCES~O-AMEN D FEE COMPENDIUM (ZONING FEES) 011706.DOC 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new and amended fees with regard to subdivision and zoning fees. 3. Resolution No. 32412-032795 is hereby amended to the extent and only to the extant of any inconsistency with this Ordinance. 4. The fees established by this Ordinance will become effective immediately upon its passage, and shall remain in effect until amended by this Council. 5. Pursuant to §12 of the Roanoke City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. L:~ATTOP~/EYXDATA~LP51 ~ORDINAN~.a. MEIk~ FEE COM~EIxVDILIM (ZONING FEF~) 011706.1X~ 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 February 21,2006 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: Proposed Amendments to Fee Compendium Planning Commission Action: Planning Commission public hearing was held on Thursday, January 19, 2006. Presentation was made by City staff. There was no public comment on the matter. By a vote of 7-0, the Commission recommended that City Council amend the City's Fee Compendium. Background: With City Council's adoption of a new zoning ordinance and official zoning map for the City of Roanoke on December 5, 2005, all zoning district designations changed. The existing fee compendium does not incorporate the new zoning districts and associated filing fees. Consideration: The proposed fee schedule incorporates all residential districts into one fee category and groups all overlay zones and special purpose districts into separate categories. All fees, with the exception of those fees associated with residential and overlay districts, are proposed to remain the same. The overlay district filing fees have been raised to incorporate the new zoning overlay districts; however, the charge for acreage has been dropped. The residential fees have been adjusted to reflect a common fee for both single family and multifamily filings. Fees are established in amounts to reflect generally the level of staff time to process the applications, undertake analysis, and compile staff reports. The following fees should be assessed to process applications for amendments to the zoning map: Rezoning to Residential Districts RA, R-12, R-7, R-5, R-3, RM-1 RM-2, RMF $600 + $25 per acre or any portion thereof Rezoning to Commercial Districts CN, CG, CLS $900 + $25 per acre or any portion thereof Rezoning to Industrial Districts I-1, I-2 $900 + $25 per acre or any portion thereof Rezoning to Special Purpose Districts D, Downtown MX, Mixed Use IN, Institutional District ROS, Recreation and Open Space AD, Airport Development $900 + $25 per acre or any portion thereof Rezoning to Planned Unit Developments Districts MXPUD, Mixed PUD $1,000 + $25 per acre INPUD, Institutional PUD or any portion thereof IPUD, Industrial PUD Rezoning to Overlay Districts H-l, Historic Downtown H-2, Neighborhood Historic ND, Neighborhood Design RCC, River and Creek Corridor CS, Comprehensive Sign $250 Amendment to Proffered Conditions $500 Recommended Action: The Planning Commission recommends that City Council amend the City's Fee Compendium to reflect the changes in the aforementioned fees. Respectfully submitted, Richard A. Rife, Chairma~ City Planning Commission /f cc: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ............................................... + ....................... MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 09425188 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 Virrql~i ia. Sworn and subscribed before me this __~__~_ _day of February 2006. Witness my hand and ~i. cial seal. ~ My commission expgre~ /~4 _-_~-' - d.,~_-'_ _'~ ............ ;~UBLISHED ON: 02/13 TOTAL COST: 171.12 _~_~?__o_~_~ ..... ~_~_ ?_~_ o_~_ ............................ + ...................... Authoriz %b~,'~ ~ ~ y'~ Signature:___~_~___~_~R~___~_~_~¥_~__'__'_, Billin~ Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of§l 5.2-2204, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Heating on Tuesday, February 21, 2006, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers of the Noel C. Taylor Municipal Building, located at 215 Church Avenue, S.W., Roanoke, Virginia 24011, in order to consider an amendment to the City's fee compendium to establish new filing fees for petitions to rezone and for petitions to amend existing zoning proffers. The proposed new fees are necessitated by the adoption of a new zoning ordinance for the City which establishes new zoning districts throughout the City. Questions about the content of the proposed amendment should be directed to the Office of Planning Building and Economic Development, 853-1730. Citizens shall have the oppommity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, February 16, 2006. GIVEN under myhand this 7th day of February ,2006 . Mary F. Parker, City Clerk. K:~NOTICES\N -AMEND FEE COMP ENDIUM ZONING DOC022102 DOC 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 February 24, 2006 File #42-166-373 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37320-020606 authorizing execution of a lease agreement with Juan E. Garcia, Owner, Paradiso Cuban Restaurant, for the lease of approximately 190 square feet of space located within City-owned property known as the City Market Building, 32 Market Square, for a term of three years beginning March 1, 2006 through February 28, 2009, upon certain terms and conditions, as more fully set forth in a letter from the City Manager addressed to the Council under date of February 21, 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 2:[, 2006, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Attach ment L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 21 06 correspondence.doc Darlene L. Burcham February 24, 2006 Page 2 pc: Mr. Juan E. Garcia d/b/a/ Paradisco Cuban Restaurant, 1049 Forest Park Boulevard, N. W., Roanoke, Virginia 24017 Jesse A. Hall, Director of Finance Rolanda B. Russell, Assistant City Manager for Community Development Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Director, Planning Building and Economic Development Lisa Poindexter-Plaia, Economic Development Specialist L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 21 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215t day of February, 2006. No. 37320-022106. AN ORDINANCE authorizing the lease of approximately 190 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three (3) years beginning March 1, 2006, through February 28, 2009; authorizing the appropriate City officials to execute a lease agreement therefore; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on February 21, 2006, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, an agreement with Juan E. Garcia, the owner and operator of Paradiso Cuban Restaurant, for the lease of approximately 190 square feet of space located within City-owned property known as the City Market Building, located at 32 Market Square, for a term of three (3) years beginning March 1, 2006, through February 28, 2009, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated February 21, 2006. 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: c!tycler . 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 City Web: ',vww.roanokeva.gov February 21, 2006 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 Council: Subject: Market Building Lease Background: The City of Roanoke owns the City Market Building located at 32 Market Square, Roanoke, Virginia 24011. The City of Roanoke began management of the Building on May 1, 2005, after the former management company, Advantis Real Estate, terminated the management contract for this property. Juan E Garcia, the owner and operator of Paradiso Cuban Restaurant, has requested a lease agreement for approximately 190 square feet to operate a restaurant serving Cuban cuisine. The proposed lease agreement is for a three (3) year period, beginning March 1, 2006, through February 28, 2009. The proposed agreement establishes a base rent rate of the following: Period PerSquare Monthly Rent AnnualRent Foot Amount Amount 3/1/06 - 8/31/06 $36.47 $577.44 $3,464.65 9/1/06 - 2/28/07 $28.00 $443.33 $2,660.00 3/1/07 - 2/29/08 $28.84 $456.63 $5,479.60 3/1/08 -2/28/09 $29.71 $470.33 $5,643.99 The initial two six month periods of the proposed rent provides a transition from the lease rate in Mr. Garcia's previously expired lease into the new per Honorable Mayor and Members of Council February 21,2006 Page 2 square foot rent structure that has been identified in the Market Building for food court tenants. The common area maintenance fee is $300.00 per month that will increase by 3.00% upon each anniversary of this Lease. Paradiso Cuban restaurant has been a tenant of the Market Building since November 1, 1995. There is no renewal provision in this lease. Recommended Action: Authorize the City Manager to execute a lease agreement with Juan E Garcia d/b/a Paradiso Cuban Restaurant, for approximately 190 square feet in the City Market Building located at 32 Market Square, Roanoke, Virginia 24011, for a period of three (3) years, beginning March 1, 2006, and expiring February 28, 2009. All documents shall be upon form approved by the City Attorney. Respectfully submitted, Darlene L. Bu~cham City Manager DLB:Ipp C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda Russell, Assistant City Manager Brian Townsend, Director Planning, Building and Economic Development David Collins, Assistant City Attorney Lisa Poindexter-Plaia, Economic Development Specialist CM06-00026 LEASE Between THECITYOFROANOKE and Juan E Garcia d/b/a Paradiso Cuban Restaurant LEASE INDEX HEADING PREMISES TERM BASE RENT; ESCALATIONS COMMON AREA MAINTENANCE LANDLORD OBLIGATIONS TENANT'S OBLIGATIONS USE OF PREMISES EXCLUSIVITY ASSIGNMENT AND SUBLEI-rlNG IMPROVEMENTS SURRENDER OF PREMISES INSPECTION INSOLVENCY OR BANKRUPTCY OF TENANT TRANSFER OF LANDLORD'S INTEREST ESTOPPEL CERTIFICATE DAMAGE TO THE PREMISES DEFAULT OF TENANT CONDEMNATION COVENANTS OF LANDLORD NO PARTNERSHIP BROKERS COMMISSION NOTICES HOLDING OVER BENEFIT AND BURDEN GENDER AND NUMBER ENTIRE AGREEMENT C:\DOCUME~I\CMSMI 000\LOCALS~I \TEMP~NOTESFFF6g2\PARADISE CUBAN LEASE DOC T PAGE 1 1 2 2 3 3 3 4 4 4 5 5 5 5 6 6 6 7 7 7 7 7 7 7 7 INVALIDITY OF PARTICULAR PROVISIONS HAZARDOUS SUBSTANCES INSURANCE SECURITY DEPOSIT INDEMNIFICATION COMPLIANCE WITH LAWS AND REGULATIONS FORUM SELECTION AND CHOICE OF LAW FORCE MAJEURE EQUAL EMPLOYMENT OPPORTUNITY DRUG-FREE WORKPLACE RULES AND REGULATIONS SIGNAGE GUARANTY 7 8 8 9 9 9 9 9 10 10 10 10 11 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Floor Plan Common Area Floor Plan Menu Rules and Regulations Sign Regulations Guaranty C:\DOCUME~I\CMSM1 000\LOCALS-I\TEMP\NOTESFFF692\PARADISE CUBAN LEASE I)OC TT LEASE THIS LEASE is made this .... day of .................... 2006 by and between the CITY OF ROANOKE (hereinafter referred to as ALandlord~), and Juan E Garcia d/b/a Paradiso Cuban Restaurant, (hereinafter referred to as ATenant~), WlTNESSETH: In consideration of the mutual agreements hereinafter set forth, the parties hereto mutually agree as follows: 1. PREMISES Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and upon the conditions hereinafter provided, a section of the building known as the Roanoke City Market Building (herein referred to as the ABuilding~) located at 32 Market Square, Stall #131, Roanoke, Virginia 24011, as is delineated on Exhibit AA8 hereto, which is hereafter referred to as the APremises.8 The Premises consists of approximately 190 square feet of space. 2. TERM The term of this Lease shall commence on March 1, 2006 (ACommencement Date8) and shall expire at ] 1:59 o=clock p.m. on February 28, 2009. A key will be given to Tenant upon execution of the Lease. 3. BASE RENT; ESCALATIONS The base rent for the first year of the term shall be based on cost per square foot. Tenant shall pay as base rent for the Premises for each ,ear of the Lease according to the followinc schedule: Period Per Square Mo~nthly Rent ' Annual Rent Foot Amount Amount 3/1/06 to 8/31/06 $36.47 $577.44 $3,464.65 9/1/06 to 2/28/07 $28.00 $443.33 $2,660.00 3/1/07 to 2/29/08 $28.84 $456.63 $5,479.60 3/1/08 to 2/28/09 $29.71 $470.33 $5,643.99 If the Commencement Date is other than the first day of the month, the first year of the Lease term shall be deemed to be extended to include such partial month and the following twelve (12) months, so as to end on the last dayofthe month. In the event the Commencement Date is other than the first day ofacalendar month, the Base Rent ("Rent") (as well as the Common Area Maintenance Fee provided hereunder) for the portion of the then current calendar month shall be prorated on the basis of a thirty (30) day month and shall be paid immediately upon the commencement of the Term. On the first anniversary of the Lease, and upon each successive anniversary thereafter, the monthly rent for the next twelve (12) months shall be increased by three percent (3%) of the previous year=s monthly rental. Rent shall be paid monthly. The first monthly payment shall be made at the time of execution of this Lease by the parties; the second and all subsequent monthly payments shall be made on the first day of each and every calendar month during the term. Any monthly payment of rent which is not received by Landlord by the end of the fifth (5th) day of the month shall be assessed a late charge in the amount of five percent (5%) of such total monthly rent payment. All delinquent rent, and other charges due under this Lease shall accrue interest at a rate equal to the current prime rate, as established by the United States Government, plus two percent (2%) per month or the maximum amount permitted by law, from the due date of such payment and shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord upon demand. Payment shall not be deemed as received if Tenant's payment is not actually collected (such as payment by insufficient funds check). Tenant shall pay rent to Landlord at City of Roanoke, 111 Franklin Road, Suite 200, Roanoke, Virginia 24011, Attention: Director of Economic Development, or to such other party or at such other address as Landlord may designate from time to time by written notice to Tenant, without demand. Checks shall be made payable to Treasurer, City of Roanoke. 4. COMMON AREA MAINTENANCE Tenant agrees to pay Landlord, as additional rental, Tenant's proportionate share of the costs ("Common Area Maintenance Fee") of maintaining, operating, repairing, replacing and insuring the "Common Areas" defined herein. The Common Area Maintenance Fee for this lease will be a flat fee charge of Three Hundred Dollars ($300.00) per month. [These fees will increase by three (3%) percent upon each anniversary of this Lease. The term "Common Area Maintenance Fee" includes all costs and expenses of every kind and nature paid or incurred by Landlord in operating, managing, equipping, policing, lighting, repairing, replacing items in the Building and maintaining the Building. Such costs and expenses will include, but not be limited to, the following: (a) utilities (electric, gas, waste removal, water and sewer charges, storm water charges; individual telephone service is specifically excluded), (b) insurance premiums for public liability and property damage for the Building(excluding Tenant's Premises) (c) maintenance costs of heating, ventilating and air conditioning, (d) insect and rodent treatment, (e) snow and ice removal, (f) electrical and plumbing repairs in the Common Areas of the Building, (g) management costs and repairs to the structure of Building which includes roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks and curbs, (h) security camera systems, (i) lighting, (j) sanitary control, drainage, collection of rubbish and other refuse, (k) costs to remedy and/or comply with governmental and/or environmental and hazardous waste matters(excluding Tenant's Premises) (I) repair and installation of equipment for energy saving or safety purposes, (m) reserves for future maintenance and repair work (which Tenant hereby authorize Landlord to use as necessary), (n) depreciation on equipment and machinery used in maintenance, costs of personnel required to provide such services, (o) all costs and expenses associated with Landlord's obligation to repair and maintain and such other items of cost and expense which are relatable to proper maintenance of the Building and its Common Areas. The "Common Areas" are defined as all areas and spaces in the Building and equipment in the Building, as further shown on the attached Exhibit B provided by Landlord for common or joint use and benefit of the tenants of the Building, their employees, agents, servants, customers and invitees. The Common Areas further include, without limitation, roofs, walls, vacant areas, food court, elevator(s), restrooms, stairways, walkways, ramps, foundations, signs (excluding Tenant's signage), security cameras, lighting fixtures and equipment, and the facilities appurtenant to each of the aforesaid, and any other facilities maintained for the benefit of the Building. Landlord shall have the right to modify the Common Areas from time to time as deemed reasonable by Landlord. 5. LANDLORD'S OBLIGATIONS responsible for the following: Landlord hereby agrees to provide and be C:\DOCUME~I\CMSM1.000\LOCALS-l\TEMP~NOTIESFFF692\PARADISE CUBAN LEASE DOC (a) make all structural and capital repairs and replacements to items in the Building and to the Common Areas, as defined above, and to maintain the Building and its Common Areas. Structural and capital repairs and replacements are defined as repairs or replacements which include but are not limited to repairs or replacements to the roof, elevators, electrical wiring, heating and air conditioning systems, toilets, water pipes, gas, plumbing, other electrical fixtures and the exterior and interior walls. Structural and capital repairs to Tenant's Premises are specifically excluded. (b) pay for the cost of Tenant's utilities (gas, electric, heating, water, telephone service specifically excluded) and all other services identified through use of funds from the Common Area Maintenance Fee described above. (c) provide a key to Tenant upon execution of the Lease Agreement, 6. TENANT'S OBLIGATIONS Tenant, at its sole cost and expense, agrees to provide and be responsible for the following, in addition to its other responsibilities pursuant to this Lease. (a) Tenant shall keep and maintain the Premise in good repair, condition and appearance during the term of this Lease, ordinary wear and tear excepted, and not use any part of the Premises or the Common Areas of the Building in a negligent manner. (b) Tenant shall take good care of the Premises, its fixtures, and appurtenances and suffer no waste or injury thereto, and shall pay for all repairs and replacements to the Premises, necessitated by Tenant's actions, whether capital, structural as defined above, or otherwise. (c) Tenant shall surrender the Premises at the end of the term in as good condition as Tenant obtained the same at the commencement of the term, reasonable wear and tear excepted. (d) Tenant shall operate its business as described in Section 7 of this Lease. (e) Tenant shall pay rent timely as provided in Section 3 of this Lease. (f) Tenant shall obtain the insurance as required in Section 29 of this Lease. 7. USE OF PREMISES The Premises shall be used for the purpose of conducting therein the sale of Restaurant serving Cuban cuisine. Tenant covenants and agrees that at all times during the term hereof, Tenant will actively conduct such a business in the Premises, keep the Premises amply stocked with good and fresh merchandise and keep the Premises open for business during the customary business hours of 10:00 a.m. to 6:00 p.m. (not less than eight (8) hours per day, Monday through Saturday) of the Building as established or as may be amended by Landlord and (ii) the Premises shall be used only for such purpose. The Building will be closed for the following Holidays or as observed: New Year's Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day. Nothing herein shall require the City of Roanoke to open the Building outside of the above designated hours. The Premises shall not be used for any other purpose without the written permission of Landlord. Tenant shall not open the Building to the public outside of the customary business hours or on the Holidays stated above. 8. EXCLUSIVITY Tenant operates a restaurant serving Cuban cuisine as outlined in attached menu noted as Exhibit "C". Tenant must obtain written approval of Landlord before adding any item, other than soft drink beverages, to its C:\DOCUME~I\CMSM1 000\LOCALS-I\TEMP~NOTESFFF692\PARADISE CUBAN LEASE DOC 3 menu and shall paya $100 per item to the Landlord if Tenant does not obtain such approval. If menu changes persist beyond thirty (30) days without the written approval of the Landlord the tenant is thereby in default of its Lease. Landlord and Tenant acknowledge that it is the intent of the parties that current and prospective tenants of the Building not be allowed to market products that would impair the sales of the other tenants of the Building. Accordingly, Landlord agrees not to lease to tenants selling similar food, cuisine or fare as existing tenants of the Market Building, as determined in the sole discretion of the Landlord, or which will in the opinion of the Landlord be inconsistent with the intended uses of the Building. Tenant further agrees not to market any product that would impair a current Tenant's sales. Tenant acknowledges and agrees that if there is any disagreement over whether any item sold by a tenant is an item sold by another tenant of the Building that would impair Tenant's sales, such dispute shall be determined and resolved in the Landlord's sole discretion. 9. ASSIGNMENT AND SUBLETTING Tenant shall not voluntarily or involuntarily assign this Lease in whole or in part, nor sublet all or any part of the Premises without following the procedures detailed herein and obtaining the prior written consent of Landlord, in Landlord's sole discretion. The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for such consent in any subsequent assignment or subletting. In the event that Tenant receives a bona fide written offer from athird party for the sublease or assignment of the Premises, Tenant shall forthwith notify Landlord in writing, attaching a copy of such offer, of Tenant's desire to sublet or assign this Lease upon the terms of such offer, whereupon Landlord shall have thirty (30) days to accept or reject such assignment or sublease. 10. IMPROVEMENTS Landlord must approve all alterations, redecorations, or improvements in and to the Premises in writing beforehand. Such alterations, redecorations, additions, or improvements shall conform to all applicable Building Codes of the City of Roanoke, federal and state laws, rules and regulations. 11. SURRENDER OF PREMISES At the expiration of the tenancy hereby created, Tenant shall peaceably surrender the Premises, including all alterations, additions, improvements, decorations and repairs made thereto (but excluding all trade fixtures, equipment, signs and other personal property installed by Tenant, provided that in no event shall Tenant remove any of the following materials or equipment without Landlord's prior written consent: any free standing signs, any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; or other similar building operating equipment and decorations), broom cleaned and in good condition and repair, reasonable wear and tear excepted. Tenant shall remove all its property not required to be surrendered to Landlord before surrendering the Premises and shall repair any damage to the Premises caused thereby. Any personal property remaining in the Premises at the expiration of the Lease shall be deemed abandoned by Tenant, and Landlord may claim the same and shall in no circumstance have any liability to Tenant therefore. If physical alterations were done by Tenant, Landlord, at its option, may require Tenant to return Premises to its original condition (condition at occupancy)when Tenant vacates Premises. Upon termination, Tenant shall also surrender all keys for the Premises to Landlord and, if applicable, inform Landlord of any combinations of locks or safes in the Premises. If the Premises are not surrendered at the end of the term as herein above set out, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, claims made by the succeeding Tenant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. C:\DOCUME~I\CMSM1.000\LOCALS~l\TEMP~NOT£SFFF692\PARADISE CUBAN LEASE DOC 12. INSPECTION Tenant will permit Landlord, or its representative, to enter the Premises, upon reasonable notice to Tenant, without charge thereof to Landlord and without diminution of the rent payable by Tenant, to examine, inspect and protect the same, and to make such alterations and/or repairs as in the judgment of Landlord may be deemed necessary, or to exhibit the same to prospective Tenants during the last one hundred twenty (120) days of the term of this Lease. 13. INSOLVENCY OR BANKRUPTCY OF TENANT In the event Tenant makes an assignment for the benefit of creditors, or a receiver of Tenant's assets is appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding is filed against Tenant and the same is not discharged within sixty (60) days, or Tenant is adjudicated as bankrupt, Landlord shall have the option of terminating this Lease. Upon such written notice being given by Landlord to Tenant, the term of this Lease shall, at the option of Landlord, end and Landlord shall be entitled to immediate possession of the Premises and to recover damages from Tenant in accordance with the provisions of Article 17 hereof. 14. TRANSFER OF LANDLORD=S INTEREST Landlord shall have the right to convey, transfer or assign, by sale or otherwise, all or any part of its ownership interest in the property, including the Premises, at any time and from time to time and to any person, subject to the terms and conditions of this Lease. All covenants and obligations of Landlord under this Lease shall cease upon the execution of such conveyance, transfer or assignment, but such covenants and obligations shall run with the land and shall be binding upon the subsequent owner(s) thereof or of this Lease during the periods of their ownership thereof. 15. ESTOPPEL CERTIFICATE Tenant agrees, at any time, and from time to time, upon not less than ten (10) days' prior notice by Landlord, to execute, acknowledge and deliver to Landlord, a statement in writing addressed to Landlord or other party designated by Landlord certifying that this Lease is in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the Lease, stating the dates to which rent, and other charges, if any, have been paid, that the Premises have been completed on or before the date of such certificate and that all conditions precedent to the Lease taking effect have been carried out, that Tenant has accepted possession, that the Lease term has commenced, Tenant is occupying the Premises and is open for business, and stating whether or not there exists any default by either party contained in this Lease, and if so specifying each such default of which the signer may have knowledge and the claims or offsets, if any, claimed by Tenant; it being intended that any such statement delivered pursuant hereto may be relied upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or prospective mortgage of any mortgage affecting the Premises. If Tenant does not deliver such statement to Landlord within such ten (10) day period, Landlord may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one (1) month's minimum rent or other charges have been paid in advance; and (iv) that Landlord is not in default under the Lease; and (v) no disputes exist. In such event Tenant shall be estopped from denying the truth of such facts. Tenant shall also, on ten (10) days' written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenant will agree to give prompt written notice to any such encumbrance holder in the event of any casualty damage to the Premises or in the event of any default on the part of Landlord under this Lease, and will agree to allow such encumbrance holder a reasonable length of time after notice to cure or C:\DOCUME~I\CMSM1 000\LOCALS-I\TEMP~NOTESFFF6g2\PARADISE CUBAN LEASE DOC 5 cause the curing of such default before exercising Tenant's right of self-help under this Lease, if any, or terminating or declaring a default under this Lease. 16. DAMAGE TO THE PREMISES If the Building or the Premises shall be partially damaged by fire or other cause without the fault or neglect of Tenant, its agents, employees or invitees, Landlord shall diligently and as soon as practicable after such damage occurs repair such damage at the expense of Landlord, provided, however, that if the Building is damaged by fire or other cause to such extent that the damage cannot be fully repaired within ninety (90) days from the date of such damage, Landlord or Tenant, upon written notice to the other, may terminate this Lease, in which event the rent shall be apportioned and paid to the date of such damage. During the period that Tenant is deprived of the use of the damaged portion of Premises, Tenant shall be required to pay rental covering only that part of the Premises that Tenant is able to occupy, and Rent for such occupied space shall be the total rent divided by the square foot area of the Premises and multiplied by the square foot area that the Tenant is able to occupy. 17. DEFAULT OF TENANT If Tenant shall fail to pay any monthly installment of Rent and/or as required by this Lease, or shall violate or fail to perform any of the other conditions, covenants or agreement on its part contained in this Lease and such failure to pay Rent or such violation or failure shall continue fora period often (10) days after the due date of such payment or after written notice of any such violation or failure to perform by Tenant, then and in any of such events this Lease shall, at the option of Landlord, cease and terminate upon at least ten (10) days' prior written notice of such election to Tenant by Landlord, and if such failure to pay rent or such violation or failure shall continue to the date set forth in such notice of termination, then this Lease shall cease and terminate without further notice to quit or of Landlord's intention to re-enter, the same being hereby waived, and Landlord may proceed to recover possession under and by virtue of the provisions of the laws of Virginia, or by such other proceedings, including re-entry and possession, as may be applicable. If Landlord elects to terminate this Lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice, however, to the right of Landlord to recover from the Tenant all rental accrued up to the time of termination or recovery of possession by Landlord, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Tenant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the term of this Lease, Landlord shall use its best efforts to relet the Premises on the best rental terms reasonably available under the circumstances and if the full rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable for any deficiency in rent. Any damage or loss of rental sustained by Landlord may be recovered by Landlord, at Landlord's option, at the time of the reletting, or in separate actions from time to time, as such damage shall have been made more easily ascertainable by successive relettings, or at Landlord's option, may be deferred until the expiration of the term of this Lease in which event the cause of action shall not be deemed to have accrued until the date of expiration of such term. The provisions contained in this paragraph shall not prohibit any claim Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease. 18. CONDEMNATION If any part of the Building or a substantial part of the Premises shall be taken or condemned by any governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking) then the term of this Lease shall cease and terminate as of the date when title vests in such governmental authority, and the annual rental shall be abated on the date when such title vests in such governmental authority. If less than a substantial part of the common area of the Premises is taken or condemned by any governmental authority for any public or quasi-public use or purpose, the rent shall be equitably C:\DOCUME~I\CMSM1 000\LOCALS~I\TEMP\NOTESFFF692\PARA, DISE CUBAN LEASE.DOC 6 adjusted on the date when title vests in such governmental authority and the Lease shall otherwise continue in full force and effect. Tenant shall have no claim against Landlord (or otherwise) for any portion of the amount that may be awarded as damages as a result of any governmental taking or condemnation (or sale under threat of such taking or condemnation) or for the value of any unexpired term of the Lease. For purposes ofthis Article 18, a substantial part ofthe Premises shall be considered to have been taken if more than fifty percent (50%) of the Premises are unusable by Tenant. 19. COVENANTS OF LANDLORD Landlord covenants that it has the right to make this Lease for the term aforesaid, and that if Tenant shall pay the Rent and perform all of the covenants, terms and conditions of this Lease to be performed by Tenant, Tenant shall, during the term hereby created, freely, peaceably and quietly occupy and enjoy the full possession of the Premises without molestation or hindrance by Landlord or any party claiming through or under Landlord. 20. NO PARTNERSHIP Nothing contained in this Lease shall be deemed or construed to create a partnership or joint venture of or between the Landlord and Tenant, or to create any other relationship between the parties hereto other than that of Landlord and Tenant. 21. BROKER'S COMMISSION Tenant represents and warrants that it has incurred no claims or finder's fees in connection with the execution of this Lease. 22. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or by certified or registered mail, return receipt requested, first-class postage prepaid, (i)if to Landlord at City of Roanoke, 111 Franklin Road, Suite 200, Roanoke, Virginia 24011, Attention: Director of Economic, and (ii) if to Tenant, at 1049 Forest Park Bird NW, Roanoke, VA, unless notice ofachange of address is given pursuant to the provisions of this Article. 23. HOLDING OVER In the event that Tenant shall not immediately surrender the Premises on the date of expiration of the term hereof, Lease shall automatically renew itself month to month, at twice the Rent rate for the last year of the Lease plus all other charges accruing under this Lease, and subject to all covenants, provisions and conditions herein contained. Landlord and tenant shall both have the right to terminate the holdover tenancy upon thirty (30) days written notice. Tenant shall not interpose any counterclaim(s) in a summary proceeding or other action based on holdover. 24. BENEFIT AND BURDEN The provisions of this Lease shall be binding upon, and shall inure to the benefit of, the parties hereto and each of their respective representatives, successors and assigns. 25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted for those of the masculine form, and the plural shall be substituted for the singular number, in any place or places herein in which the context may require such substitution. 26. ENTIRE AGREEMENT This Lease, together with any exhibits attached hereto, contains and embodies the entire agreement of the parties hereto, and representations, inducements or agreements, oral or otherwise, between the parties not contained in this Lease and exhibits, shall not be of any force or effect. This Lease may not be modified, changed or terminated in whole or in part in any manner other than by an agreement in writing duly signed by both parties hereto. 27. INVALIDITY OF PARTICULAR PROVISIONS If any provision of this Lease or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. 28. HAZARDOUS SUBSTANCES Tenant covenants and warrants that Tenant, and Tenant's use of Premises and any alterations thereto will at all times comply with and conform to all laws, statues, ordinances, rules and regulations of any governmental, quasi-governmental or regulatory authorities ("Laws") which relate to the transportation, storage, placement handling, treatment, discharge, generation, removal production or disposal (collectively "Treatment") of any waste petroleum product, waste products, radioactive waste, Polychlorinated Biphenyls (PCB), asbestos, lead-based paint, or other hazardous materials of any kind, and any substance which is regulated by any law, statute, ordinance, rule or regulation (collectively "Waste"). Tenant further covenants and warrants that it will not engage in or permit any person or entity to engage in any Treatment of any Waste on or which affects the Premises. Immediately upon receipt of any Notice (as hereinafter defined) from any person or entity, Tenant shall deliver to Landlord a true, correct and complete copy of any written Notice. "Notice" shall mean any note, notice or report of any suit, proceedings, investigation, order, consent order, injunction, writ, award or action related to or affecting or indicating the Treatment of any Waste in or affecting the Premises. Tenant hereby agrees it will indemnify, defend, save and hold harmless Landlord and Landlord's officers, directors, shareholders, employees, agents, partners, and the respective heirs, successors and assigns (collectively "Indemnified Parties") against and from, and to reimburse the Indemnified Parties with respect to, any and all damages, claims, liabilities, loss, costs and expense (including, without limitation all attorney's fees and expenses, court costs, administrative costs and costs of appeals), incurred by or asserted against the Indemnified Parties by reason of or arising out of: (a) the breach of any representation or undertaking of Tenant under this section or (b) arising out of the Treatment of any waste by Tenant or any licensee, concessionaire, manager or other party occupying or using the Premises. Landlord is given the right, but not the obligation, to inspect and monitor the Premises and Tenant's use of the Premises, including the right to review paperwork associated with Treatment activities in order to confirm Tenant's compliance with the terms of this Section. Landlord may require that Tenant deliver to Landlord concurrent with Tenant's vacating the Premises upon the expiration of this Lease, or any earlier vacation of the Premises by Tenant, at Tenant's expense, a certified statement by licensed engineers satisfactory to the Landlord, in form and substance satisfactory to Landlord, stating that Tenant, and any alterations thereto and Tenant's use of the Premises complied and conformed to all Laws relating to the Treatment of any Waste in or affecting the Premises.. Tenant agrees to deliver upon request from Landlord estoppel certificates to Landlord expressly stipulating whether Tenant is engaged in or has engaged in the Treatment of any Waste in or affecting the Premises, and whether Tenant has caused any spill, contamination, discharge, leakage, release or escape of any Waste in or affecting the Premises, whether sudden or gradual, accidental or anticipated, or any other nature at or affecting the Premises and whether, to the best of the Tenant's knowledge, such an occurrence has otherwise occurred at or affecting the Premises. 29. INSURANCE Prior to the delivery of possession of the Premises to C:\DOCUME~I\CMSM 1 000\LOCALS~ 1\TEMP\NOTESFFF692\PARADiSE CUBAN LEASE.DOC Tenant, Tenant shall provide Landlord evidence satisfactory to Landlord (i)that fire and casualty and workers' compensation policies in amount and in form and content satisfactory to Landlord have been issued by a company or companies satisfactory to Landlord and will be maintained throughout the course of Tenant's work at Tenant's cost and expense and (ii) that Tenant has complied with the comprehensive liability insurance requirements set forth in the following paragraph. Tenant will, at all times commencing on the date of delivery of possession of the Premises to Tenant, at its own cost and expense, carry with a company or companies, satisfactory to Landlord, comprehensive general liability insurance including public liability and property damage, in a form satisfactory to Landlord, on the Premises, with the combined single liability limits of not less than One Million Dollars ($1,000,000.00) per occurrence, which insurance shall be written or endorsed so as to protect Landlord, its officers, agents and employees as additional insureds. The Tenant agrees that the above stated limits and coverages are minimum limits and coverages, and that Tenant shall provide such additional insurance as set forth above, in such amounts and against such risk as may be required in the Landlord's sole but reasonable judgment, to equal the amounts and types of coverages carried by prudent owners and operators of properties similar to the Building. Tenant shall increase such limits at its discretion or upon reasonable request of Landlord but not more often than once every year and such increases shall not be in excess of generally accepted standards in the industry. Tenant covenants that certificates of all of the insurance policies required under this Lease, and their renewal or replacement, shall be delivered to Landlord promptly without demand upon the commencement of the term of this Lease and upon each renewal of the insurance. Such policy or policies shall also provide that it shall not be cancelled nor shall there by any change in the scope or amount of coverage of the policy without thirty (30) days prior written notice to Landlord. If same is not provided with ten (10) days after demand, Landlord is authorized to secure such policy from such companies as it deems appropriate and collect from Tenant in such a manner as it deems appropriate the cost of the premium. 30. SECURITY DEPOSIT Intentionally omitted 31. INDEMNIFICATION Tenant agrees to save and to protect, indemnify and hold Landlord harmless from and against and to reimburse Landlord from any and all liabilities, damages, costs, expenses, including, without limitation, reasonable attorneys' fees, causes of action, suits, claims, demands, or .judgments of any nature whatsoever arising from injury to or death of persons or damages to property resulting from Tenant's use of the Premises caused by any act or omission, whether intentional or otherwise, of Tenant or its employees, servants, contractors or agents. 32. COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will comply with all applicable federal, state and local laws, ordinances and regulations. Tenant acknowledges and agrees that it will dispose of trash and grease in the containers designated by the Landlord for such disposal and not dispose of such substances in a manner that would violate applicable federal, state and local laws, ordinances or regulations. 33. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Lease, Tenant submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Lease is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. 34. FORCE MAIEURE In the event that either party hereto shall be delayed or C:\DOCUME~I \CMSM1.0OO\LOCALS~ I\TEM P~NOT ES FFF692\PARADISE CUBAN LEASE DOC 9 hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, or other reason of a like nature not the fault of the party delayed in performing the work or doing acts required under the terms of this Lease, then the time allowed for performance for such act shall be extended bya period equivalent to the period of such delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent, Common Area Maintenance Fee or any other payments required by the terms of this Lease. 35. EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this Agreement, Tenant agrees as follows: (a) Tenant 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 its business. Tenant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) Tenant, in all solicitations or advertisements for employees placed by or on behalf of Tenant, will state that Tenant is an equal opportunity employer. (c) Tenant will include the provisions of the foregoing subsections (a) and (b) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. 36. DRUG-FREE WORKPLACE: (a) During the performance of this Agreement, Tenant agrees to (i) provide a drug-free workplace for its employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use ofacontrolled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Tenant that Tenant maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. (b) For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Agreement. 37. RULES ANDREGULATIONS Tenant agrees to comply and adhere to Landlord's rules and regulations concerning the Building as stated in the attached Exhibit "D" attached hereto and made part of this Lease 38. SIGNAGE Tenant agrees to comply and adhere to Landlord's regulations concerning signage as stated in the attached Exhibit "E" attached hereto and made part of this Lease. C:\DOCUME~I\CMSM1 000\LOCALS~I\TEMP~NOTESFFF692\PARADISE CUBAN LEASE DOC 10 39. GUARANTY Intentionally omitted. Witness Signature Witness Printed Name Witness Signature Witness Printed Name Witness Signature Witness Printed Name Witness Signature Witness Printed Name LANDLORD: CITY OF ROANOKE By: Print Name: DarleneBurcham Title: City Manaqer TENANT: Juan E Garcia d/b/a Paradiso Cuban Restaruant By: Print Name: luan E Garcia Title: EXHIBIT A FLOOR PLAN EXHIBIT B COMMON AREAS FLOOR PLAN Attach here EXHIBIT C MENU Attach here if Food Court Tenant C:\DOCUM£~ l \CMSM l OOO\LOCALS~1\TEMP\NOTESFFF692\PARADiSE CUBAN LEASE.DOC 13 TO BE PROVIDED BY TENANT EXHIBIT D RULES AND REGULATIONS All trash must be kept in a covered container, or if requested by Landlord, in a Dumpster or similar container furnished and serviced at Tenant's expense. C:\DOCU ME~ 1 \CM SM 1.000\LOCALS~ I\TEMP\NOTESFFF692\PAP~,DISE CUBAN LEASE.DOC ]-4 2. Tenant shall keep lights on in show windows, leased food court space and lights on under marquee, if any, from 10:00 a.m. until 6:00 p.m. 10. 11. Tenant agrees to handle all deliveries and refuse through the Salem Avenue entrance (if one) of the Premises. No sign shall be permanently affixed to the plate glass of any window without prior written consent of Landlord. No solicitation material shall be displayed inside the building or affixed to the exterior of the building. Tenant shall keep Premise's, windows and window frames clean (inside and out) at all times and wash them weekly. Tenant shall keep Premises' floors free of trash, chewing gum and other debris, and shall scrub and wax all tile or plastic flooring at least weekly. Tenant is responsible for the replacement of light bulbs in its space Tenant is responsible for the replacement of air-filters and the monthly maintenance of their exhaust fans in its Premises by a licensed contractor on a basis predetermined by the Landlord. Tenant shall be responsible for breaking down and having all cardboard boxes ready for pick up. (Applies only to Food Court Vendors) Providing the availability of space for the purpose of storage, Landlord will allocate equally among all food vendors a set amount of space for the storage of a freezer or a refrigerator, food items and paper products. Items must be stored in accordance with Health and Fire codes. No restaurant equipment (unused or in disrepair) is to be stored in the area under any circumstances. Any prohibited items stored in this area will be removed at Tenant's expense. Tenant's not maintaining their own storage space per Health and Fire code requirements will be assessed a $100.00 fee per occurrence. If a Tenant's space is in violation more than three times in a given year, Landlord will rescind Tenant's option to use available space. EXHIBIT E SIGN REGULATION No sign, advertisement or notice shall be inscribed, painted, affixed or displayed on walls, windows, or any part of the outside or the inside of the Building except on the awnings, directories, and then only in such place, number, size, color and style as it approved Landlord. If Tenant nevertheless exhibits such sign, advertisement or notice, Landlord shall have the right to remove the same and Tenant shall be liable for any and all expenses incurred by Landlord by such removal. Tenant further agrees to maintain such sign, awning, canopy, decoration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times. Landlord shall have the right to prohibit any advertisement of Tenant which in its opinion tends to impair the reputation of the Building or its desirability as a high-quality festival marketplace for retail stores or food related businesses, other institutions of like nature, and, upon written notice from Landlord, Tenant shall immediately refrain from and discontinue any such advertisement. EXHIBIT F C:\DOCUME-I\CMSM1 000\LOCALS-I\TEMP~NOTESFFF6g2\PARADISE CUBAN LEASE DOC 16 GUARANTY PERSONAL GUARANTEE Intentionally omitted The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ............................................. + ...................... MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 09413224 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 Virginia. Sworn and subscribed before me this _L~_day of February 2006. Witness my hand and official seal. PI~BLISHED ON: 02/13 TOTAL COST: FILED ON: 168.36 02/14/06 Pursuant tO the aut ho r i z e~__~__~ ~__ Signature .... Billing Servzces Repres~tatlve NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease approximately 190 square feet of space of City- owned property located in the Roanoke City Market Building, located at 32 Market Square, to Juan E. Garcia, be used as a food service establishment, for a three year term. Pursuant to the requirements of§§l 5.2-1800 and 1813, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public heating on the above matter at its regular meeting to be held on February 21,2006, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this heating, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, February 16, 2006. GIVEN under my hand this 7th day of February, 2006. Mary F. Parker, City Clerk. K:hNOTICESXN-PH-JUAN E. GARCIA 022106.DOC Notice to Publisher: Publish in the Roanoke Times once on Monday, February 13, 2006. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 K:~qOTICESL2006~I-PH-JUAN E. GARCIA 022106.DOC 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 February 24, 2006 File #100-166-373 Darlene L. Burcham City Manager. Roanoke, Virginia 24014 Dear Ms. Burcham: I am attaching copy of Ordinance No. 37321-022106 authorizing the City Manager to execute Amendment No. i to the lease agreement dated January 9, 2004, between YMCA of Roanoke Valley, Inc., and the City of Roanoke for the lease of City-owned property identified as Official Tax Nos. 1113408 - 1113413, inclusive,' and 1113512 - 1113516, inclusive, upon certain terms and conditions, as more fully set forth in a letter from the City Manager addressed to the Council under date of February 21, 2006. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 21, 2006, and is in full force and effect upon its passage. SMM:ew Attachment Sincerely, Stephanie M. Moon, CMC Deputy City Clerk L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 0b~Feb 21 06 correspondence,doc Darlene L. Burcham February 24, 2006 Page 2 pc: F. Calvin Johnson, Executive Director, YMCA of Roanoke Valley, Inc., 425 Church Avenue, S. W., Roanoke, Virginia 24016 Phillip D. Short, President, Board of Directors, YMCA of Roanoke Valley, Inc., P. O. Box 2130, Roanoke, Virginia 24016 Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Director, Planning Building and Economic Development L:~CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06~Feb 06\Feb 21 06 correspondence.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 2006. bio. 37321-022106. AN ORDINANCE authorizing the City Manager to execute Amendment No. 1 to the lease agreement dated January 9, 2004, between YMCA of Roanoke Valley, Inc., and the City of Roanoke, for the lease of City-owned properly identified as Official Tax Nos. 1113408, 1113409, 1113410, 1113411, 1113412, 1113413, 1113512, 1113513, 1113514, 1113515 and 1113516, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public heating was held on February 21, 2006, pursuant to § § 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed amendment to the lease. BE IT ORDA1NED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, Amendment No. 1 to the lease agreement dated January 9, 2004, between YMCA of Roanoke Valley, Inc., and the City of Roanoke, for the lease of City- owned property identified as Official Tax Nos. 1113408, 1113409, 1113410, 1113411, 1113412, 1113413, 1113512, 1113513, 1113514, 1113515 and 1113516, upon the terms and conditions as more particularly set forth in the City Manager's letter dated February 21,2006, to this Council, and the copy of Amendment No. 1 attached thereto. 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 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 City Web: www.roanokeva.gov February 21 2006 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: Amendment Number 1 to the Lease of City Owned Property to the YMCA of Roanoke Valley, Inc. Background: On December 24, 2002, City Council entered into an Agreement with the YMCA of Roanoke Valley, Inc. to provide support for the development and construction of a new YMCA facility in the West Church area of downtown Roanoke to accommodate an expanding number of YMCA programs and to replace the then current YMCA building located at the corner of Church Avenue and Fifth Street, SW. In support of this project and the general economic development of the West Church Avenue corridor, City Council approved the construction of a structured parking garage as part of the 2004-2008 Capital Improvement Plan. On January 9, 2004, City Council entered into a lease with the YMCA of Roanoke Valley, Inc. to lease certain city properties to the YMCA. The lease provides that the City will lease to the YMCA, Official Tax Map Nos. 1113408, ! 113409, 1113410, 1113411, 1113412 and 1113413. Those lots are located immediately north of the new YMCA building and are currently being used by patrons of the YMCA while they are at the YMCA. In addition, the lease provides that after the City receives from the YMCA three additional lots on which the old YMCA is located and most of its adjoining parking lot ( Official Tax Map Nos. 1011206, 1011209, 1011210),theCitywilllease those lots to the YMCA as well. The Lease specifically provides, however, that the lots will be leased to the YMCA Mayor Harris and Members of City Council February 2~, 2006 Page 2 only for the purpose of providing interim parking for patrons of the YMCA until a new structured parking facility can be constructed and operational. Since execution of this lease, the City has acquired the properties necessary to build the new parking garage on the corner of 5'h Street and Luck Avenue, SW. The City is nearing acquisition official Tax Map Nos., 1011206, 1011209 and 1011210. Considerations: The YMCA has approached the City to amend the parking lease of January 9, 2004 so that instead of the City leasing Official Tax Map Nos. 1011206, 1011209, and 1011210, to the YMCA, the City would lease Official Tax Map Nos. ] 1 ] 3512,1113513,1113514,1113515,and 113516 to the YMCA as shown in Attachment #2. These alternative lots provide better access for the patrons of the YMCA to the YMCA's entrance off Luck Avenue. In addition, the amendment will allow the City to market the former YMCA site with sufficient surface parking adjacent to that structure to enhance the desirability of the site for development. Annual Revenue from the amended lease shall be $26,270 per year for both the city lots on 5th and Luck and 5th and Church Avenues. The YMCA will assume complete responsibility, liability and expenses related to the operation of all leased lots and the terms and conditions of the original lease are applicable to the additional property contained in this amended lease. A request to schedule a public hearing was approved by City Council on February 6, 2006, advertised by the City Clerk, and held on February 21,2006. Recommended Action: Authorize the City Manager to execute Amendment No. ] to the Lease Agreement dated January 9, 2004, between the City of Roanoke and the YMCA of Roanoke Valley, Inc., approved as to form by the City Attorney, for the lease of the above described city properties for the purpose of providing interim parking to the patrons of the YMCA until a new public parking structure is constructed and operational in the West Church Avenue corridor of the City. Respectfully sub~mitted, / . , .,~.~ ~arlene L. Bu~cham City Manager DLB:djm Attachments C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Brian Townsend, Director of Planning, Building and Economic Development CM06-000020 AMENDMENT NO. 1 THIS AMENDMENT NO. 1 to a Lease Agreement dated January 9, 2004, is made and entered into this 21st day of February, 2006, by and between the CITY OF ROANOKE ("City"), and the YMCA of ROANOKE VALLEY, INC. ("YMCA"). WHEREAS, by the adoption of Ordinance No. 36583-121503 on December 15, 2003, City Council authorized the City to enter into a Lease Agreement dated January 9, 2004 ("Agreement"), with the YMCA, providing for the City to lease certain property to the YMCA. NOW, THEREFORE, the parties in consideration of the promises and the mutual covenants contained herein and in the Agreement, agree to amend the Agreement as follows: 1. Paragraph 1, Lease, of the Agreement shall read as follows: Lease: The City hereby leases to the YMCA and the YMCA hereby leases from the City, Official Tax Nos. 1113408, 1113409, 1113410, 1113411, 1113412, 1113413, 1113512, 1113513, 1113514, 1113515 and 1113516 (the "Leased Property"). The YMCA acknowledges and agrees that the Leased Property is leased "as is" and that the City shall have no responsibility or liability for maintenance of the Leased Property, including, without limitation, snow removal, utilities, gravel or asphalt replacement, or drainage of surface water, provided, however, that the City shall be responsible for maintenance of the Leased Property for any period that it preempts the use of the Leased Property pursuant to Paragraph No. 3 and for any maintenance or cleaning required as a result or consequence of such preemption. 2. Paragraph 4, Rent, of the Agreement shall read as follows: Rent: The YMCA shall pay to the City TWO THOUSAND ONE HUNDRED EIGHTY-NINE DOLLARS AND EIGHTEEN CENTS ($2,189.18) per month as rent for the Leased Property. The rent shall be due in advance and payable on the first day of each month during the term of this Lease. For each day in a month that the City preempts the YMCA's use of the Leased Property pursuant to Paragraph No. 3 above, the rent that month will be reduced by SEVENTY-ONE DOLLARS AND NO CENTS ($71.00). AmendmentNo. I YMCA Lease i 01/27/05 3. Paragraph 7, Indemnification, of the Agreement shall read as follows: Indemnification: The YMCA agrees and binds itself and its successors and assigns to indemnify, keep and hold the City and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of the YMCA including: (a) the YMCA's use of the City's Tax Nos. 1113408, 1113409, 1113410, 1113411, 1113412, 1113413, 113512, 1113513, 1113514, 1113515 and 1113516, (b) the exercise of any right or privilege granted by or under this lease; or (c) the failure, refusal or neglect of the YMCA to perform any duty imposed upon or assumed by the YMCA or under this lease. In the event that any suit or proceeding shall be brought against the City or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with the YMCA on account thereof, the YMCA, upon notice given to it by the City or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the City or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the City or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with the YMCA, then the YMCA will pay such settlement or judgment in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the City or any of its officers, employees, agents, volunteers or representatives harmless therefrom. 4. Paragraph 17, Notice, of the Agreement shall read as follows: Notice: Any notice, request, or demand given or required to be given under this Lease shall, except as otherwise expressly provided herein, be in writing and shall be deemed duly given only if delivered personally or sent by certified mail, return receipt requested to the addresses stated below. To the City: City Manager Room 364, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 CC~ Director of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 To the YMCA: Cal Johnson, Executive Director AmendmentNo, I YMCA Lease 2 01/27/05 YMCA of Roanoke Valley, Inc. 425 Church Avenue, S.W. Roanoke, Virginia 24016 *** The Agreement dated January 9, 2004, shall be changed in no other way. WITNESS the following signatures and seals: ATTEST: CITY OF ROANOKE: Mary F. Parker, City Clerk Darlene L. Burcham, City Manager ATTEST: YMCA OF ROANOKE VALLEY, INC. Secretary Approved as to form: By Phil Short, President, Board of Directors Approved as to execution: Assistant City Attorney Assistant City Attomey AmendmentNo. 1 YMCA Lease 3 01/27/05 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ................................................. + ....................... MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 09428214 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 Virginia. Sworn and subscribed before me this _L~_~___day of February 2006. Witness my hand and official seal. My----~~--~--~--- C ._~-~~ ~--~i~-- ~,N°tary Public c°mmis~Ji°n-~re~-_fJJ~±~-~_~3m~¢~_3_ ..... - PUBLI,~.=D ON: 02/13 TOTAL COST: 187.68 FILED ON: 02/17/06 The City of Roanoke Authorized ~ ~ ,~ ~ . , ~ S~gnature._ -- ___, Billing Services Repres~tative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to amend a lease agreement dated January 9, 2004, between the City and the YMCA of Roanoke Valley, Inc. ("YMCA"), pertaining to City-owned property identified as Official Tax Nos. 1113408, 1113409, 1113410, 1113411, 1113412 and 1113413, located in the 500 block of Church Avenue, S.W., now on a month to month lease term, to add Official Tax Nos. 1113508, 1113509, 1113510, 1113511, 1113512, 1113513, 1113514, 1113515 and 1113516, located at the comer of 5th Street and Luck Avenue, S.W. Pursuant to the requirements of§§15.2-1800 and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public heating on the above matter at its regular meeting to be held on February 21, 2006, commencing at 7:00 p.m., in the Council Chambers of the Noel C. Taylor Municipal Building, located at 215 Church Avenue, S.W., Roanoke, Virginia 24011. Citizens shall have the opportunity to be heard and express their opinions on such matter. If you are a person with a disability who needs accommodations for this heating, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, February 16, 2006. GiVEN under my hand this 7th day of February ,2006. Mary F. Parker, City Clerk. K:~NOTIC E $~'4L- YM CAC HURC HAVE022106 DOC Notice to Publisher: Publish in the Roanoke Times once on Monday, February 13, 2006. Send bill and affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE 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 February 24, 2006 STEPHANIE M. MOON, ~MC Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #66-249 Ms. Dawn S. Waters 377 Albemarle Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Waters: Your petition appealing a decision of the Architectural Review Board for a Certificate of Appropriateness with regard to property located at 377 Albemarle Avenue, S.W., was before the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 21, 2006. Based upon evidence presented on February 21, 2006, Council voted to affirm the decision of the Architectural Review Board on December 8, 2005, as set forth in a letter dated December 9, 2005, and that no Certificate of Appropriateness be issued to install replacement windows at 377 Albemarle Avenue, S.W., on the grounds that the replacement windows are not consistent with the H-2 Guidelines, will reduce the amount of window space, are not the appropriate proportion or design, and are not architecturally compatible with structures in the H-2 Historic District. Sincerely, Deputy City Clerk SMM:ew L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 21 06 correspondence.doc Ms. Dawn S. Waters February 24, 2006 Page 2 pc: Kevin Earl, President, Old Southwest, Inc., 641 Walnut Avenue, S. W., Roanoke, Virginia 240:~6 Lora Katz, Chair, Architectural Review Board, 3555 Heritage Circle, $. W., Roanoke, Virginia 240:~5 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Rolanda B. Russell, Assistant City Manager for Community Development Robert B. Townsend, Director, Planning, Building and Economic Development Anne Stuart Beckett, Agent, Architectural Review Board Martha P. Franklin, Secretary, Architectural Review Board Robert A. Clement, Jr., Neighborhood Development Specialist, Roanoke Neighborhood Partnership L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~agenda correspondence 06\Feb 06\Feb 21 06 correspondence.doc VIRGINIA; IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) ) ) PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review E~oard under Section 36.1-642(d) of the Zoning Ordinance of the Code of the City of. Roanoke (1979), as amended. 1. Name of Petitioner(s): ~.~)/~ . ~' /7z.,).~'''~___~ Doing business as (if applicable): '----'-- Steer address o$ property which,is the subject of this appeal: Overlay zoning (H~I, Historic District, or H-2, Neighborhood Preservation District) of property(ies) which is the subject of this appeal: Date the hearing before the Architectural 'Re.~iew Board yeas held at which the decision being appealed was made: --J--)~('~¢fr, ~)~ Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.%327 if H-1 or Section 36.1-345 if H-2): Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: Name, title, address and telephone number of-Qerson(s) who will represent the Petitioner(s) before City Council~_/-"~__ ,)/~ ,~'(~J,~__~. WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner): (pdnt or type) Signature of Petitioner(s) or representative(s), where applicable: Name: (print or type) Name: (print or type) Name: (print or type) TO BE COMPLETED BY CITY CLERK: Received by: ~"~"~, ~ ~,.,,.~ '~~ ~,~l.~ Date: ~ Architectural Review Board Board of Zoning Appeals Planning Cemmission 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 February 21,2006 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 Brenda L. McDaniel, Council Member Honorable Sherman Lea, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Dawn S. Waters Appeal of Architectural Review Board Decision 377 Albemarle Avenue, S.W. Background: On November 17, 2005, a citizen advised staff that original wood windows were being replaced at 377 Albemarle Avenue, S.W., which is within the H-2, Neighborhood Preservation district. Ms. Anne Beckett, Architectural Review Board Agent, contacted Code Enforcement staff, Christopher Boehling, Building Inspector, who posted a legal notice to "Stop Work." Code Enforcement staff met with the owner, Ms. Dawn Waters, and supplied her with an application for a Certificate of Appropriateness. The window manufacturer had also required the owner to sign an agreement to contact the City of Roanoke to obtain the required permits. (Attachment A). Staff advised Ms. Waters that replacement windows require a Certificate of Appropriateness issued by the Architectural Review Board. Ms. Waters filed an application for a Certificate of Appropriateness for the replacement windows, which was considered by the Architectural Review Board (ARB) on December 8, 2005 (See Application: Attachment B and Minutes: Attachment C). Staff recommended denial as the request was not consistent with the H-2 Guidelines because the replacement windows reduced the amount of window space and did not match the previous window size, shape, and proportion. ARB members expressed concern about the design of the windows and stated that had the matter been brought to the Board before the work was done that the Board could have provided guidance. Ms. Waters stated that she thought that the new windows would save money and that the new windows appeared the same as the original. During the ARB meeting, a representative of Old Southwest, Inc., the neighborhood civic organization, further stated that the application was not consistent with the Guidelines and the window replacement was inappropriate. A roll call vote was taken and the request to approve the application failed by a 0-6 vote. Ms. Waters was formally notified of the denial and of her right to appeal to City Council by letter dated December 9, 2005. Ms. Waters filed an appeal of the Architectural Review Board's decision on January 9, 2006 (Attachment D). Considerations: Section 36.2-331 (c) of the Zoning Ordinance provides: "In the H-2 Overlay District, a Certificate of Appropriateness (see Section 36.2-530) shall be required for the erection of any new structure, the demolition, moving, reconstruction, alteration, or restoration of any existing structure or historic landmark, including the installation or replacement of siding, or the reduction in the floor area of an existing building, including the enclosure or removal of a porch. A Certificate of Appropriateness shall not be required for ordinary maintenance, as defined in Section 36.2- 530(b)(4), or in-kind replacement with the same materials, proportions, and design. The Zoning Administrator, in consultation with the Agent to the Architectural Review Board, shall determine whether an activity requires a Certificate of Appropriateness." (emphasis added). The replacement windows were not the same material, proportion, or design as the original windows. The project, therefore, required a Certificate of Appropriateness. The H-2 Architectural Design Guidelines adopted by the ARB and endorsed by City Council state that windows are especially important in rehabilitations. Their size, shape, pattern, and architectural style not only provide architectural character but also give a building much of its scale, rhythm, and detail. The Guidelines provide the following considerations for windows on historic buildings: · Identify and keep the original materials and features of windows, such as size, shape, glazing, muntins, and moldings. · Consider new replacement windows only when old replacements are unavailable. New replacements should be compatible in size and shape, design, and proportion. · Use storm windows to improve thermal efficiency of existing windows. Staff reviewed similar window replacement cases since January 2003, and found that eight applications were approved where the replacement windows had the same dimensions as the originals. During the same period, three applications were denied because the replacement windows did not maintain the correct proportions. One denied application was appealed to City Council on May 20, 2004. City Council upheld the ARB's decision to deny the application. Recommendation: The Architectural Review Board recommends that City Council affirm its decision to deny the issuance of a Certificate of Appropriateness. Architectural Review Board cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney R. Brian Townsend, Director, Planning Building and Development Anne S. Beckett, Agent, Architectural Review Board ATTACHMENT A NOV-22-2005 06:46 'ERNAL MEDICINE Roanoke Architectvrat Review BoarO Request for Certificate of Appropdateness Property ~,,,er: Add~es~ Phone: (~) Representative (contractor or agent): Addres.,: ~ Department Planning guildi Room 166 Munic Zl $ Church Aver Roanoke, VA Phone: (540J 8! Fax: ($40) ~ ARB Agent Anne 8eckett~ C (540) '853-1522 (~) Description of Work: Include details of construction, dimensions, and the materials that will be used. information to the application (e.g. scaled drawing, photographs, and samples). (~) Signature of owner (required) ATTACHMENT B ,~.~o~37693 .02102 ROANOKE ng and Development pal Building ua, SW Ill ~ 3:i730 , Planner A~tach supporting Section below to be completed by staff Tax Parcel Number: ~ Zoning District: ~'~'~ - Z.. Ovedaydistrict: [] HI ~ H2 Other approvals needed: [] Zoning Permit [] Building Permit [] Other ~ Approval By: {~ ARB [] Secretary Approved: m :ll'z .o5 Agent, Architectural Review Board Certificat~e Number: ATTACHMENT C Architectural Review Board Minutes December 8, 2005 Page 8 Request from Dawn Waters for a Certificate of Appropriateness approvinq existinq window replacement at 377 Albemarle Avenue, S.W. Mr. Richert asked Ms. Waters if there was anything she would like to add to the information provided. Ms. Waters said she had nothing to add. Mrs. Blanton asked Ms. Waters to describe the condition of the windows that were replaced. Ms. Waters said that they rattled and the top windows had gaps in them. She said that heating bills were an issue and she thought new windows would save money. She showed the Board pictures of her home before she installed the windows and she said that the house looked the same. Mr. Richert said that this was a dilemma when an application came to the Board after the fact. Ms. Waters said that the only reason she did not come forward was that she did not see she was changing the face of her house at all. She said that the appearance was not changing. Ms. Katz explained that the old wood, double hung window had a shadow line. She said that Window World made a window that met the criteria of the historic district. She said that the model installed on Ms. Waters' home did not have a shadow line. Mr. Harwood said that the Board was to preserve those elements that are within its purview and if this matter had been brought to the Board before the work had been done, the Board could have provided guidance on the correct window installation. He said the Board had to make a decision as to whether the windows were historically accurate. He also said that the Board had not been in favor of replacement windows. He said that the window Ms. Waters had purchased had the profile of a triple track storm window, which was not in keeping with the historic district. Mr. Richert asked for staff comment. Ms. Beckett said that the window did not meet the guidelines and staff recommended denial. Architectural Review Board Minutes December 8, 2005 Page 9 Ms. Blanton asked Ms. Waters if the contractor had shown her other window models. Ms. Waters responded that she was not knowledgeable about such things. Mr. Richert asked for audience comment. Mrs. Joel Richert appeared before the Board and said that the application was not consistent with the guidelines and the window replacement was inappropriate. She also mentioned that she had seen a copy of a notice that Window World had provided Ms. Waters, which mentioned the Architectural Review Board. Mrs. Richert also stated that property owners in the historic district received a mailing each year reminding them of the historic district. She said that the preservation committee requested the application be denied. Mr. Richert asked if there were further comments. There were none. A roll call vote was taken and the request was denied 0-6, as follows: Ms. Botkin - no Mr. Harwood - no Mrs. Blanton - no Ms. Katz - no Mr. Stephenson - no Mr. Richert- no Request from the Roanoke Redevelopment and Housinq Authority, represented by Don Harwood~ for a Certificate of ^Dl~roDriatenes~, approvinq exterior modifications to the structure at 42 ! Day Avenue S.W. Mrs. Blanton and Mr. Harwood excused themselves from discussion and vote on this and the next two applications as they are employed by the firm doing the work on the project. Mr. Harwood presented the request on behalf of the RRHA. He said that the application package was fairly complete and he had nothing further to add. Mr. Richert asked for Board comment. Ms. Katz said it was a great project and she could not wait to see it complete. ATTACHMENT D VIRGINIA; IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.1-642(d) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of Petitioner(s): _/~,~/~ ) Doing business as (if applicable): St~et addre,~s of property ~'hich,js the subject, of this appeal: Oveday zoning (H-l, Historic District, or H-2, Ne ghborhood Preservation District) of property(es) which is the subject of this appeal: ~ Date the hearing before the Architectural 'Re~iew Board was held at which the decision being appealed was made: ../_~('~'/~ ~ Section of the Code of the City of Roanoke under which the Certif'mate of Appropriateness was requested from the Architectural Review Board (Section 36.1-327 if H-1 or Section 36.1-345 if H-2): Description of the request for which the Cert~cate of Appropriateness was sought from the Architectural Review Board: Name, title, address and telephone number of-~rson(s) who will represent the Petitioner(s) before City Council WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner): Name:~_'~/7 ~ Z~.~7~.~ (print or type) Signature of Petitioner(s) or representative(s), where applicable: Name: (print or type) Name: (print or type) Name: (print or type) TO BE COMPLETED BY CITY CLERK: Received by: ~'~. 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 January 9, 2006 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: I am enclosing copy of a Petition for Appeal filed by Dawn S. Waters in connection with a decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness with regard to property located at 377 Albemarle Avenue, S. W. The petition was filed in the City Clerk's Office on Monday, January 9, 2006. Section 36.1-642, Review Procedure, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review BOard may present to the City Council a petition appealing such decision, provided such petition is filed within 30 days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition. Council may reverse or modify the decision of the Architectural Review Board, in whole or in part, or it may refer the matter back to the Board or affirm the decision of the Board. With the concurrence of Council, I will include the Petition for Appeal on the Tuesday, February 2:1, 2006, 7:00 p.m., City Council agenda. L:\CLERK~DATA\CKEWI~APPEALS TO THE ARB~APPEALS 2006",JAN 0bA377 ALBERMARLE AV SW.DOC The Honorable Mayor and Members of the Roanoke City Council January 9, 2006 Page 2 With kindest regards, I am Sincerely, Stephanie M. Moon, CMC Deputy City Clerk SMM:ew Enclosure pc: Ms. Dawn S. Waters, 377 Albemarle Avenue, S.W., Roanoke, Virginia 24016 Kevin Earl, President, Old Southwest, Inc., 641 Walnut Avenue, S. W., Roanoke, Virginia 24016 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Rolanda B. Russell, Assistant City Manager for Community Development Robert N. Richert, Chair, Architectural Review Board, 415 Allison Avenue, S. W., Roanoke, Virginia 24016 Robert B. Townsend, Director, Planning, Building and Economic Development Anne Stuart Beckett, Agent, Architectural Review Board Martha P. Franklin, Secretary, Architectural Review Board Robert A. Clement, Jr., Neighborhood Development Specialist, Roanoke Neighborhood Partnership L:\CLERK~DATA\CKEW1V~PPEALS TO THE ARB~PPEALS 2006~JAN 06~377 ALBERMARLE AV SW.DOC 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 December 9, 2005 Ms. Dawn S. Waters 377 Albemarle Avenue, S.W. Roanoke, VA 24016 Dear Ms. Waters: Subject: Application for a Certificate of Appropriateness No. 05-060, 377 Albemarle Avenue, S.W. On December 8, 2005, the Architectural Review Board of the City of Roanoke, Virginia, considered your request to approve new windows at 377 Albemarle Avenue, S.W., and your Certificate of Appropriateness was denied. The Board found that the windows that were installed at 377 Albemarle Avenue were not consistent with the H-2 guidelines because the replacement windows do not match the current window size, shape and proportion. If you are aggrieved by this decision of the Architectural Review Board, you have the right to appeal the Board's decision to City Council within 30 days of the date of the decision. Information on the appeals process is enclosed. Please contact Anne Beckett a call at 853-1522 if you have additional questions. Sincerely, Martha P. Franklin, Secretary City Architectural Review Board /f enclosure cc: Robert N. Richert, Chairman B.l.a. February 19, 2006 Honorable Members of the City Council of Roanoke, Virginia 215 Church Avenue S.W. Room 456 Roanoke, Virginia 24011-1536 Dear Sirs and Madam: We are writing in support of the application of Ms. Dawn Waters, who resides at 377 Albemarle Avenue SW, to improve her property by upgrading the windows at her residence. Ms. Waters has appeared several times before the Architectural Review Board, and on each occasion the Board has denied her request. AK property owners for the past (25) years in Historical Old Southwest, we have witnessed the struggle of residents to improve the conditions of their properties. In Ms. Waters' case, she is attempting to improve the appearance of her home at the same time that she strives to lower energy cost of heating a structure built sometime in the 20's or 30's of last century, when materials and construction systems were notably deficient from the standpoint of energy consumption. Our property is located at 376 Albemarle Avenue, diagonally across the street from her property. We believe that the improvements she is attempting would enhance the aesthetics of her property and will add to the quality of this segment of the street. Consideration should certainly be given to the fact that she resides in this property and is trying to undertake, at considerable expense, an improvement which will benefit her and her neighbors. We certainly applaud her efforts and are confident that your final determination will be favorable in her case. Page I of 1 httn://qi~,lwehsite/rnke/imo nhntnq/lOg/lflg')f, lfl in~o ! I l1 '//oru',~ CITY.. OF RO/INOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon, CMC City Clerk Deputy City Clerk February 24,2006 Sheila N. Hartman Assistant City Clerk File #:[66-450-557 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, February 2:[, 2006, Valerie Garner, Chair, Countryside Neighborhood Alliance, submitted questions in connection with the Countryside Golf Course property. The questions were referred to you for appropriate response. Sincerely, Stephanie M. Moon, Deputy City Clerk SMM:ew pc: Jesse A. Hall, Director of Finance L:\CLERK~DATA\CKEWI~AGENDA CORRESPONDENCE~3genda correspondence 06\Feb 06\Feb 21 06 correspondence.doc "Taking pride in a diverse community dedicated to maintaining our quality of life and the natural beauty of our surroundings." Valerie Garner, Chair, 362-3984, vgarner7@cox.net URGENT Question: Mr. Townsend and Mr. Chittum will not respond to whether there was any communication this week with Toll Brothers. I send one every week and he did reply the previous 2 weeks that "no communication occurred" and that was fine. This week Mr. Townsend would not say whether there was an;- communication. He is using the FOIA request as the reason he will not say whether there WAS or WAS NOT any communication. We can wait 5 days for the contents of the communication ... we just want to know if there was any. Bob Clement, Neighborhood Services, asked them and they refused to tell him. The Mayor and Council are their superiors ... please get us an answer. ANSWER AT LEAST THESE FEW QUESTIONS: Why can't we be included in the I~lanninQ (a Charrette) a,- advised by The Lawrence Group and requested by Toll Brothers? Does City Administration intend to extend the RFP again beyond March I If not, since Ms. Graham was the only bidder in the RFQ will she be given an opportunity to submit A RFP though she is busy with Colonial Greens and another project? If not, will the RFQ be put out again? What if there are no takers? If it comes down to negotiating another year lease with Meadowbrook Management ... what will you do if they decline? Who will maintain the course then.., the City at taxpayer expense? .Will the city swap any more of the property? Is the City not concerned with the safety of the 'traveling public" and the residents on the ground" near the Airport? Will the at least two homes at the end of Cheraw Lake (Byron Smith, Bobby Lavender) be condemned due to the land swap and widened RPZ over their homes? Do you intend to require a "Disclosure" on the proximity to the Airport to new development as other municipalities do? As the first soil is turned on the golf course property and it ceases to be a golf course from that point on ... who will maintain those grounds after Meadowbrook Management contract expires? What about infrastructure upkeep expenses, road improvements? Are you only looking at tax revenue without considering the infrastructure expense associated with an increased burden on Police, Fire, schools, etc.? Why can't we be included in the planninq as advised by Tho Lawrence Group and requested by Toll Brothers? Last but not least - .WHY can this property not be left as a Municipal golf course for the enjoyment of all Roanoke citizens including the youth of our City? Improvements on the course would only enhance the Quality of Life of the surrounding community. The golf course IS the attraction for living here. Take the golf course away and stuff as many homes as you can to increase "tax base" will completely destroy the reason we chose to live in this area. It is not too late to do the RIGHT thing for the citizens of Roanoke and especially our diverse NW City community. 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 February 21,2006 Council Members: M. Ruper~ 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 Mayor Harris and Members of Council: At the regular meeting of City Council to be held on Tuesday, February 21,2006, we jointly sponsor the request of Valerie Garner, Chair, Countryside Neighborhood Alliance, to present information on the Countryside Golf Course property. SPL/BJW:snh pc: Darlene L. Burnham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk Sincerely, Council Member Council Member